Home
Back to Table of Contents

Absentee-Shawnee Tribe of Indians of Oklahoma

 

Police and Law Enforcement Services

Chapter Four. Disciplinary Actions
Section 401. Disciplinary or other Adverse Employee Actions

Section 402. Code of Conduct

Section 403. Statistical Report

Section 404. Civil Rights Violations

AST POLICE Code Section 401
Section 401. Disciplinary or other Adverse Employee Actions

Prior to taking an adverse disciplinary action against any employee; the Police Department, Police Chief, Governor, Executive Committee or other authority authorized by this Title or Police regulation to discipline law enforcement officers shall take the following steps:

(1) Notify the employee of the contemplated action and give a full specification of the reasons such action is contemplated.

(2) Provide the employee with a written statement of any specific violation of rules, regulations, or statutes the disciplining authority alleges the employee has committed and the names of all persons upon whose testimony these allegation are based.

(3) Set a hearing date not less than 15 days after the employee has been given the written statement of allegation.

(4) Provide the employee and the employee's counsel at the hearing with an opportunity to confront and cross-examine each adverse witness.

(5) Provide the employee and the employee's counsel at the hearing with an opportunity to delineate issues, to present factual contentions in an orderly manner and to generally protect the employee's interest.

(6) Reconsider the decision to take the adverse action based solely on the evidence given at the hearing and provide the employee at the time the decision is announced with a written statement of the reasons for the decision and the evidence relied upon in reaching the decision.

(7) Issue a final order based on the decision reached after the hearing.

Absentee Shawnee Police Code Section 401, AST POLICE Code Section 401

 

 

 




AST POLICE Code Section 402
Section 402. Code of Conduct

The Police Chief shall by regulation establish a law enforcement code of conduct and shall require each law enforcement officer employed or commissioned by the Department to adhere to the law enforcement code of conduct prescribed by the regulations. The code shall establish specific rules concerning conflicts of interest, employee conduct both on and off duty, impartiality and thoroughness in performance of duty, and acceptance of gifts or favors. The code shall ensure that certain standards of conduct are included which will require each law enforcement officer to be capable of performing that officer's duties to the greatest extent possible.

Absentee Shawnee Police Code Section 402, AST POLICE Code Section 402

 

 

 




AST POLICE Code Section 403
Section 403. Statistical Report

The Tribal Police Department may use the same report forms and submit the same statistical reports to the same Central Office that are required of Bureau of Indian Affairs police programs.

Absentee Shawnee Police Code Section 403, AST POLICE Code Section 403

 

 

 




AST POLICE Code Section 404
Section 404. Civil Rights Violations

(a) When a law enforcement officer receives an oral or written allegation that a law enforcement officer employed by the Tribal Police Department has violated the civil rights of any person, the officer receiving the allegation shall prepare a written report of the allegation and transmit it through the chain of command to the Governor within seven days of receipt of the allegation. The Governor shall deliver a copy of the report to the chief law enforcement officer, Shawnee Agency, Bureau of Indian Affairs. The Executive Committee shall conduct a hearing concerning the incident as provided in sections 205 and 401 to determine whether the allegations are true and, if so, the disciplinary action to be taken.

(b) If the incident occurs while the Tribal Police Department is receiving federal funds, then not later than seven days after being notified of the allegation, the chief law enforcement officer of the Shawnee Agency shall take the following actions:

(1) Notify the Federal Bureau of Investigation, the agency superintendent or contracting officer's representative, and the Executive Committee. The notice to the Federal Bureau of Investigation shall state whether an investigation is being conducted to determine whether Tribal law was violated and shall cite any relevant provisions of the Tribal code.

(2) If the officer against whom the allegation is made is an employee of the Bureau of Indian Affairs, prepare a memorandum to the superintendent, who shall, through the area director and the Assistant Secretary-Indian Affairs, transmit to the Director, Office of Audit and Investigation, a request that the allegation be investigated to determine whether any administrative action is warranted. The memorandum shall be transmitted through the superintendent and the area director. The Executive Committee shall receive a copy of any such memorandum.

(3) If the officer against whom the allegation is made is an employee of the tribe, notify both the top Bureau of Indian Affairs law enforcement officer assigned to the agency and the Executive Committee. If there is no Bureau of Indian Affairs law enforcement officer at the agency, the superintendent and the area special officer shall be notified.

(c) If the chief law enforcement officer is accused of a civil rights violation, the report of the allegation shall be transmitted directly to the agency superintendent, who shall take the actions required by paragraph (2) of this section. If there is no agency superintendent, the report of the allegation shall be transmitted directly to the area director, who shall take the actions required by paragraph (2) of this section.

(d) As soon as all actions required by paragraphs (a), (b), and (c) of this section have been completed, a copy of all documents concerning the allegation shall be transmitted to the Chief, Division of Law Enforcement Services, in the Central Office of the Bureau of Indian Affairs.

Absentee Shawnee Police Code Section 404, AST POLICE Code Section 404

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map