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to Table of Contents Hoopa
Valley Tribal Code
Last amended: 2005 Title
8 - Conflict of Interest and Nepotism Ordinance
DATE
APPROVED: February 11, 1999 SUBJECT:
CONFLICT OF INTEREST AND NEPOTISM ORDINANCE WHEREAS: The Hoopa Valley Tribe adopted a Constitution and Bylaws on June 20, 1972, which was approved by the Commissioner of Indian Affairs on August 18, 1972, and confirmed and ratified by the United States Congress on October 31, 1988; WHEREAS:
On February 17, 1981, the membership of the Hoopa Valley Tribe voted
in a referendum election on the issues of Conflict of Interest and Nepotism;
WHEREAS:
The referendum ballot measure mandated that the election results
should take effect immediately upon the official certification of the
February 17, 1981 election; WHEREAS:
The Hoopa Valley Tribal Council wishes to codify the result of the
February 17, 1981 election in a format consistent with that of the Hoopa
Valley Tribal Code; WHEREAS:
Previous codification of the result of the February 17, 1981 election
was accomplished via two different resolutions; WHEREAS: The previous format of Title 8 was not easy to comprehend; WHEREAS:
Utilizing a uniform codification of the result of the February 17, 1981
election will make it easier to understand and comply with the Conflict
of Interest and Nepotism Ordinance; WHEREAS: Consistent with the Constitution and Bylaws, Article VII, section 4, the uniform version of Title 8 does not change the result of the February 17, 1981 election; NOW,
THEREFORE, BE IT RESOLVED that the Hoopa Valley Tribal Council hereby
adopts the uniform version of the Conflict of Interest and Nepotism
Ordinance.
The purpose of the February 17, 1981 vote and the resulting Conflict of Interest and Nepotism issues was to promulgate uniform regulations that avoid self-dealing to the benefit of individual Committee, Board, Commission and Council members and/ or their families and apply uniformly to all Tribal operations, programs and entities.
This Ordinance is effective upon official certification of the results of the February 17, 1981 election.
No Council member shall be eligible to sit as a voting member on standing committees of the Tribe.
Council members shall not be eligible to sit as a voting member on the Board of Directors of any Tribal entity chartered under the Tribal Constitution.
Council members shall not be employed within any tribal operation.
Members of the governing Board of any Tribal program or chartered entity shall not be employed in any paid position which is subject to direct appointment or supervision by that governing Board.
No Council member, Committee member or Board members shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence or judgment or action in the performance of his official duties. No such member shall use information to which they have access to advance the financial or other private interests of themselves or others. No such member shall accept any valuable gifts, whether in the form of services, loan, thing or promise from any person who is interested, directly or indirectly in business dealings with the Tribe or grant any improper favor or service. No such member shall appear in behalf of private interests before any agency of the Tribe or represent other interests in any action or proceedings against the interests of the Tribe. A Council member may appear before private or tribal agencies on behalf of his constituents or in the performance of tribal or civil obligations.
No Council member, committee member or Board member shall take part in the deliberation upon or in the determination of any matter affecting his: spouse, son, daughter, sister, brother, mother, father, grandmother, grandfather, aunt, uncle, niece, nephew, and the following in-laws: son, daughter, brother, sister, mother and father. Such member
shall withdraw from the Council, a committee, or a Board meeting during
the deliberation or determination of any matter with respect to which
he is disqualified and the minutes shall so state. He may be counted
present for the purpose of constituting a quorum. Should any such member
not comply with these provisions, his vote shall automatically be void
and not counted. Intentional noncompliance shall be considered misconduct
and the member shall be subject to removal under appropriate provision
of the Constitution and Bylaws.
Members
of an immediate family defined as: spouse, son, daughter, father, mother,
sister, brother, grandmother, grandfather, aunt, uncle, niece, nephew
and the following in-laws: son, daughter, brother, sister, mother and
father shall not serve together on the same Board or committee.
If any
provision of this Ordinance or its application to any person or circumstance
is held invalid, the remainder of the Ordinance or application of its
provisions to other persons or circumstances shall not be affected,
and to this end, the provisions of this Ordinance are severable.
Nothing herein is intended to be or shall be interpreted to be a waiver of the sovereign immunity of the Hoopa Valley Tribe from unconsented suit in tribal, federal or state court.
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