Chapter 1.10
CODE OF ETHICS FOR THE TULALIP BOARD OF DIRECTORS
Sections:
1.10.030 Conflicts of interest.
1.10.040 Standards of conduct.
1.10.050 Abstention from official action and disclosure.
1.10.010 Purpose and policy.
(1) It is the purpose of this chapter to set forth ethical standards of conduct to guide all members of the Tulalip Board of Directors and to provide effective means for enforcement thereof.
(2) High moral and ethical standards among the Tribal Directors are essential to promote and protect the integrity of Tribal government. Therefore, a code of ethics is necessary in order to ensure officials act in the best interest of the Tulalip Tribes and not in their personal interest. This code of ethics is also necessary for Board members to avoid conflicts of interest, to improve standards of Tribal service, and to promote and strengthen the faith and confidence of the members of the Tulalip Tribes in the integrity, security and accountability of their government. It is further declared and acknowledged that Directors enjoy all the rights and privileges of membership in the Tulalip Tribes and in particular those contained in Article VII of the Tribal Constitution. [Res. 2022-402; Ord. 92 § 1.0, 4-11-1997].
1.10.020 Definitions.
(1) “Director” or “Board member” as used in this chapter shall mean a person who is a duly elected official of the Tulalip Board of Directors, the governing body of the Tulalip Tribes.
(2) “Confidential information” shall mean any information relating to businesses, personnel matters, litigation, legislative and administrative matters, contracts, finances and any other information, whether oral or written, proprietary or not, which has not been designated by the Tulalip Board of Directors as being otherwise available to all Tribal members or the public at large or as being otherwise a matter of general or public knowledge.
(3) “Conflict of interest” shall mean a conflict between the private interests and official responsibilities of a Director.
(4) “Family member” as used in this chapter shall mean the spouse, children, parents, siblings, step and foster children and any household member of the Director. [Res. 2022-402; Ord. 92 § 2.0, 4-11-1997].
1.10.030 Conflicts of interest.
(1) No Director shall use, or attempt to use, any official or apparent authority of their office which places or could reasonably be perceived as placing their private gain before those of the Tribe, whose paramount interests their office is intended to serve.
(2) Whether or not specifically prohibited herein, a Director should avoid any action which could result in, or create the appearance of:
(a) Using public office for private gain;
(b) Giving preferential treatment to any special interest, organization, person or family;
(c) Impeding or interfering with governmental or managerial efficiency or economy;
(d) Losing or compromising independence or impartiality of action;
(e) Making a governmental decision outside of official channels and/or procedures; or
(f) Adversely affecting the confidence of the members of the Tribes in the integrity of the government and administration of the Tulalip Tribes.
(3) No Director shall participate in the selection or in the award or administration of a contract between the Tulalip Tribes, its instrumentalities or entities, and an entity with which the Director has a real or apparent conflict of interest.
(4) No Director shall participate in a decision-making process, including discussion, debate and/or voting, regarding any person related by blood or marriage as further detailed under TTC 1.10.050.
(5) No Director shall sell goods or services to the Tribes or any business entity which is licensed by or regulated in any manner by the Tulalip Board of Directors during the term of office of such Director on any terms or conditions significantly more favorable to the Director other than that which may obtained by any other person. [Res. 2022-402; Ord. 92 § 3.0, 4-11-1997].
1.10.040 Standards of conduct.
(1) Except as otherwise provided herein, no Director shall solicit or accept on his or her own behalf any significant or substantial compensation, gift, reward, or gratuity from any source except for the following:
(a) Ceremonial and customary gifts generally granted to dignitaries;
(b) Food or refreshments customarily made available in the ordinary course of business meetings where a Director is properly in attendance;
(c) A nonfinancial award or honor customarily and publicly presented in recognition of public service.
(2) Board members shall not act as official representatives of the Board of Directors or the Tulalip Tribes or make statements to the media, without express authorization of the Board of Directors or the Chairperson. The Chairperson is the official representative of the Tulalip Tribes unless that authority is otherwise properly delegated.
(3) Board members shall uphold the Constitution and Bylaws of the Tulalip Tribes.
(4) Board members shall not violate the laws, resolutions, or policies of the Tulalip Tribes or federal or state law, if applicable.
(5) Board members shall not conduct official business while under the influence or affected by intoxicating liquor or any drug.
(6) Board members shall not commit perjury or fraud.
(7) Board members shall safeguard data and preserve the integrity of Tribal government and operations by not disclosing any confidential information nor shall he or she use such information for his or her personal gain or benefit.
(8) Board members participating virtually or by phone for a meeting or to otherwise conduct any official business of the Board of Directors shall ensure confidentiality by:
(a) Not recording any part of the meeting (including audio) or taking screenshots;
(b) Meeting in an area away where they cannot be overheard or seen by any other person;
(c) Enabling video for any meeting on a virtual platform (e.g., Zoom, Teams, etc.); and
(d) Not using any virtual backgrounds during enabled video sessions on virtual platforms. [Res. 2022-402; Res. 2010-355; Ord. 92 § 4.0, 4-11-1997].
1.10.050 Abstention from official action and disclosure.
No Director shall participate in a decision-making process, including discussion, debate and/or voting, regarding any person related by blood or marriage within the civil-law method of first or second degree (parents, children, grandparents, grandchildren, brothers and/or sisters) nor regarding any member of the Director’s immediate household. The record shall reflect the reason for the Director’s inability to participate. This section shall not prohibit the mere presence of a Director if his or her presence is necessary to constitute a quorum. The allowable participation of a Director in a decision-making process regarding a person related by blood or marriage within the civil-law method of the third or fourth degree (uncles, aunts, nephews, great-grandparents, cousins, great-uncles and aunts and great-great-grandparents) and/or household member must be disclosed on the record by the Director prior to voting. [Res. 2022-402].
1.10.060 Sworn statement of interest in certain business entities and court involvement required – Confidentiality.
(1) Within 30 days of taking office, a Director must submit a confidential sworn statement to the Secretary of the Board of Directors disclosing the following:
(a) The nature and extent of the Director’s relationship or percentage interest in any organization, council, board, committee, commission, council, association and/or business entity/enterprise, including naming partners on any joint business; and
(b) Any court proceeding in which the Director is a named party; and
(c) Any sources of income, other than salary as a Director. Sources of income include any money or thing of value received such as a payment, fee, salary, allowance, dividend, royalty, rent, or stipend.
(2) Directors shall update their confidential sworn statements to reflect any material change to information previously disclosed within 30 days from when a material change arises while the Director is in office.
(3) All confidential sworn statements and any updates thereto disclosed pursuant to this section may be reviewed only by Directors of the Tulalip Board of Directors. [Res. 2022-402; Ord. 92 § 5.0, 4-11-1997. Formerly 1.10.050].
1.10.070 Enforcement.
To fulfill the policy announced in this chapter and to preserve the integrity of the governing body of the Tulalip Tribes, Directors shall internally enforce principles of ethical behavior on its own members. The authority to internally discipline members of the Board of Directors is derived from the Tulalip Tribal Constitution, which gives the Board the power to remove a Director from office for neglect of duty or gross misconduct by a two-thirds vote of their peers. Nothing in this section, regarding procedures for complaints and review of conduct of a Director, shall be construed to limit the authority of the Board of Directors to move directly to a vote to expel a member for neglect of duty or gross misconduct, as authorized by the Tulalip Constitution.
(1) Any Director who in good faith and based upon reasonable information and belief contends that a Director has violated this chapter may file a sworn written statement with the Chairperson of the Board of Directors. If the allegation is made against the Chairperson, said allegation shall be filed with the Vice-Chairperson. If the allegation is filed with the Vice-Chairperson, the Vice-Chairperson shall be responsible for fulfilling the responsibilities of this section that are attributed to the Chairperson. Once the sworn statement and any substantiating proof or evidence has been filed with the Chairperson, the Director against whom the complaint is made shall not participate in the decision-making process.
(2) The sworn written statement must contain:
(a) Facts giving rise to the violation of this code; and
(b) Any substantiating proof and/or evidence; and
(c) Identification of any portions of the statement that are based on first-hand knowledge and portions that are based only on hearsay and the steps taken to verify the hearsay statements; and
(d) The identity of the Director or Directors believed to have committed the violation(s); and
(e) The name, contact information and signature of the person submitting the statement.
(3) The Director against whom the allegation is made shall make themselves available for an interview at the request of Chairperson. Along with the Chairperson, another Director or Directors may participate in the interview process.
(4) The Chairperson shall perform an initial review of the statement and the interview, if one was done. The purpose of the initial review shall be to determine whether the allegation made falls within the scope of this code and whether the facts alleged, assuming the facts alleged are true, would support a determination of unethical or improper conduct. The Director against whom the allegation is made shall not participate in the initial review, other than to be available to be interviewed. The initial review shall be completed no later than 30 days after the completed statement was submitted.
(5) The Director against whom the allegation is made shall be provided with a copy of the statement after the Chairperson’s initial review.
(6) If the Chairperson, upon completion of the initial review, determines that the allegation falls within the scope of this code and alleges facts which, if true, might support a determination of unethical or improper conduct, the Chairperson may proceed with further investigation. The Chairperson’s decision that an allegation requires further investigation does not need to be made in open session.
(a) Any investigation requested by the Chairperson may be conducted by a designee(s), an ad hoc committee of the Board of Directors or assembled by the Board of Directors, or an independent investigator appointed by the Board of Directors.
(b) The investigator(s) shall have the authority to take testimony under oath and to compel the production of documents and other evidence from Tulalip departments and staff.
(c) Any investigation performed under this chapter shall be completed by the issuance of a written report which summarizes the evidence, gives an opinion on the issue of whether the allegation is true or false and, if said opinion is that the allegation is true, recommends a sanction, if any, to be imposed on the Director.
(d) The investigation should take no longer than 30 days, after the initial review, to complete. The investigator(s) shall notify the Chairperson of a date when the investigation will be completed. If additional time is needed, the investigator shall obtain the approval of the Chairperson to extend the investigation for a specified period of time.
(7) Upon receipt of the investigation report, the Chairperson shall:
(a) Set a meeting date and send notice of said meeting, by certified and regular mail, to the Director accused of a violation under this chapter; and
(b) Include a copy of the investigation report along with the notice and a statement declaring that the report shall be kept confidential and not disclosed to any other person except the Director.
(8) The meeting shall take place in executive session, with all Board of Directors present, and shall be recorded. The results of the investigation, if any, shall be presented to the Board of Directors. Only the Board of Directors, any designated investigator(s), and the accused Director shall be present during the meeting.
(9) At the conclusion of the meeting, the Director accused of the violation of this code shall be excused from the executive session so the Board of Directors may review the decision and sanction, if any.
(10) The Board of Directors shall decide in open session, by recorded vote, whether a violation of this code has occurred. Said decision shall be made by a majority vote. If the Board of Directors decides a violation of this code has occurred, the Board of Directors shall then decide, by motion, an appropriate sanction, if any, to impose on the Director who engaged in unethical conduct.
(11) The Director against whom an allegation of unethical or improper conduct under this code is made shall not participate in the review of the allegation by the Board of Directors, in any deliberation by the Board of Directors on said review, or voting in open session on whether the violation occurred and on an appropriate sanction. [Res. 2022-402; Ord. 92 § 7.0, 4-11-1997].
1.10.080 Sanctions.
(1) The Board of Directors may impose a sanction or sanctions against any Director who is found to have engaged in conduct in violation of this code. Such sanctions may include, but shall not be limited to, the following:
(a) Formal public statement of disapproval of the Director’s conduct in violation of this code. Such formal public statement may be given by video, published letter or by other means to address the members of the Tulalip Tribes;
(b) Written reprimand issued by the Chairperson to the Director;
(c) Verbal reprimand issued by the Chairperson to the Director;
(d) Costs, including reasonable investigative costs;
(e) Referral to law enforcement;
(f) Removal; provided, that the conduct was for neglect of duty or gross misconduct, a two-thirds majority of the Board of Directors has voted for this sanction, pursuant to Article V, Section 2 of the Tulalip Tribes Constitution;
(g) Any other lawful sanction deemed appropriate by the majority of the Board of Directors.
(2) The decision of the Board of Directors following the meeting shall be final. No judicial review of this decision shall be allowed. For the removal process, the meeting will be publicly available. Meetings regarding other sanctions other than removal will not be publicly available. [Res. 2022-402].