Article III. Standards of Conduct for Elected Officials
1.15.150 Standards of conduct.
Tribal elected officials must adhere to the standards of conduct stated in this section. The standards stated are not considered to be comprehensive and Tribal elected officials may be held to additional appropriate standards. If an elected official is uncertain as to whether an action would violate these standards of conduct, the elected official shall be responsible for seeking clarification from the Tribal Council before engaging in such activity.
(a) Elected officials hold their official positions as a public trust with a fiduciary responsibility to the Tribe.
(b) Elected officials shall make no commitments or promises purporting to bind the Tribe without appropriate authorization under the laws and policies of the Tribe.
(c) Elected officials shall not use their official position or office to obtain financial gain or anything of substantial value for the private benefit of the elected official or their immediate family, or for an organization with which the elected official is associated.
(d) Elected officials shall not utilize the Tribe’s resources and property for an unauthorized use.
(e) Elected officials shall not use or attempt to use their official position in a manner that could place their personal or political interests before those of the Tribe. Moreover, elected officials should not act in a manner which appears to place their personal or political interests before those of the Tribe. Elected officials shall be free to maintain and pursue their unique positions as an elected official.
(f) Elected officials shall treat all employees of the Tribe in a professional and businesslike manner. Elected officials shall not threaten or intimidate any employee, including in reprisal for the employee acting within the scope of that person’s employment duties and authority.
(g) Elected officials shall not give preferential treatment to any private person or organization outside of Tribal laws and policies.
(h) Elected officials shall not solicit or accept, directly or indirectly, anything of value in return for introducing a resolution or ordinance, casting a vote in a certain way, or otherwise influencing any decision of the Tribal government. Elected officials may give and receive gifts in accordance with traditional Yurok Tribal practices, ceremonies, honorings, or giveaways to the extent such gifts are not meant to unduly influence any decision of the Tribal government.
(i) Elected officials shall not intentionally use or disclose information gained in the course of, or by reason of, the elected official’s position or activities in any way that could result in the receipt of anything of value for the elected official or for their immediate family, or for any other person, if the information is not in the public domain.
(j) Elected officials shall not commit perjury before any Tribal Court, board, committee, commission, or other Tribal or non-Tribal governmental entity.
(k) Elected officials shall not intentionally or otherwise neglect their official duties, including those duties detailed in YTC 1.15.230 through 1.15.260.
(l) Elected officials, due to the Tribal Council’s potential appellate role in grievances, whether it is an employment or private grievance, shall not discuss or otherwise involve themselves in any issue which may or could be before them for a decision under the grievance or complaint procedures.
(m) Elected officials shall not lobby any group or individual to file a complaint against another elected official.
(n) Elected officials shall treat each other with the respect and professionalism due elected officials. Elected officials maintain the ability to raise issues and concerns, but have a responsibility to raise any such issue in an appropriate manner.
(o) Elected officials shall not contact for Tribal matters any outside legal counsel without proper authorization.
(p) An elected official, if uncertain whether a potential activity being contemplated by that individual is a violation of this chapter, shall seek guidance from the Ethics Review Board of the Council.
(q) Elected officials shall raise any potential violations of this chapter to the attention of the Ethics Review Board or the Council.
(r) Elected officials shall raise any potential violations of this chapter to the attention of the Ethics Review Board or the Council.
(s) The Council shall impose sanctions and penalties for violations of this section in accordance with YTC 1.15.460 through 1.15.490. [Ord. 72, renumbered, 2/11/2021; Ord. 32 § 6201, adopted, 9/5/2013. Formerly 1.15.120.]