American Indian Report - June 2008 - (Page 8)

TRIBAL COUNCIL B r i Jim was just elected to his tribe’s five-person tribal council for a three-year term. The position is considered “full-time” in that tribal council members are paid a salary based upon a minimum 40hour work week and receive full employee benefits. The council meets once a week, on Tuesdays, to transact tribal business; meet with interested tribal members, employees and outside visitors; and pass resolutions. The tribe designated tribal council positions as full-time about 10 years ago, when it became clear to tribal leaders that with the gaming operation and other tribal enterprises it was necessary to have the council present during regular business hours during the work week in order to meet both the governmental and business needs of the people. Joseph M. Paiement is a tribal attorney and an During the first three months of his term in office, Jim instructor for Falmouth Institute, teaching Ethics, Tribal missed all but three tribal council meetings and has never Constitutions and American Indian Law. If you have an been in his office at the tribal government building more ethics question you would like him to address, please than 20 hours a week. He has offered no medical or personal send it to joe.paiement@americanindianreport.com. reason for his limited work hours or missed meetings. He only told other council members and co-employees, “The job was not as I expected.” Jim’s failure to participate in tribal government has drawn wide-spread criticism from both his colleagues and tribal members. Some have called for his resignation. However, Jim has publicly stated that he will not resign and continues to draw his full compensation. What, if anything, can be done to make Jim perform the duties of his elected office? Q A E f i n g ETHICS & STANDARDS OF CONDUCT Governing Work Habits of Elected Officials Some, but not many, tribes have constitutions requiring elected officials to attend a minimum number of meetings or tribal events and allow for removal if the official does not make the quota without good cause (i.e., medical and family emergencies). Other constitutions allow for the recall of elected officials upon petition by a designated number of tribal members and subsequent tribal vote (normally by a majority to 2/3 of the voters). However, for many tribes, such constitutional options are either not available or too cumbersome and time-consuming to be effective. Instead, a code of ethics with a provision governing “work habits” of elected officials is the most practical method of attacking the problem. These provisions typically impose “minimum standards” of acceptable attendance and/or work hours for tribal council members and other elected leaders. If the standards are not met, the official risks code sanctions, ranging from reprimand to removal from office. Addressing such unethical conduct of an official in a code of ethics allows the tribe to stop the abuse swiftly and replace, if necessary, the offending official. n 8 June 2008 American Indian Report

Table of Contents Feed for the Digital Edition of American Indian Report - June 2008

American Indian Report - June 2008 Contents Ethics & Standards of Conduct: Governing Work Habits of Elected Officials Congress: Activity on the Hill Catching Up with the Curve Grants: Police Equipment Assistance from the Federal Government The Pottery Project Neighbors Helping Neighbors Where They Belong Spreading the Word “Poverty is Not a Part of Our Culture” Strategic Planning: Step 1 — An Assessment of Now Saving the Samala Language

American Indian Report - June 2008

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