Chapter 3.35
OFFENSES AGAINST PUBLIC ADMINISTRATION
Sections:
3.35.030 Improper influence in official matters.
3.35.040 Compensation for past official behavior.
3.35.050 Gifts to Tribal public servants by persons subject to their jurisdiction.
3.35.080 Unsworn falsification to authorities.
3.35.100 False alarms to agencies of public safety.
3.35.110 False reports to law enforcement officers.
3.35.120 Tampering with witnesses, informants, or physical evidence.
3.35.130 Impersonating a Tribal public servant.
3.35.140 False claims to Tribal agencies.
3.35.160 Obstructing a law enforcement officer or other Tribal public servant.
3.35.180 Violation of a protection order.
3.35.200 Providing contraband.
3.35.240 Misuse of Tribal funds.
3.35.010 Definitions.
For purposes of this chapter, the following definitions apply:
(1) “Administrative proceeding” means any Tribal proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual.
(2) “Benefit” means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare the beneficiary is interested.
(3) “Official proceeding” means a proceeding heard or that may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, Hearing Examiner, Commissioner, notary, or other person taking testimony or deposition in connection with the proceeding.
(4) “Pecuniary benefit” is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain.
(5) “Petition” means a list of signatures submitted to any Tribal government official, program or office pursuant to any ordinance, resolution or constitutional provision providing for the submission of such signatures for the purpose of initiating or requesting governmental action.
(6) “Tribal public servant” means any officer or employee of the Tribal government including but not limited to a member of the Board of Directors, a Judge, anyone who has been elected or designated to become a Tribal public servant, or any person serving as a juror, administrator, executor, personal representative, guardian, or Court-appointed fiduciary. [Ord. 49 § 6.9.1, 1-8-2010 (Res. 2010-10)].
3.35.020 Bribery.
(1) A person commits the offense of bribery by knowingly or purposely offering, conferring, agreeing to confer upon another, soliciting, accepting, or agreeing to accept from another any benefit, including pecuniary benefit, as consideration for:
(a) The recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a Tribal public servant or voter;
(b) The recipient’s decision, vote, recommendation, or other exercise of official discretion in a Tribal judicial or administrative proceeding; or
(c) A violation of a known duty as a Tribal public servant.
(2) It is not a defense that a person whom the offender sought to bribe was not qualified to act in the desired way.
(3) Bribery is a Class E offense.
(4) A person convicted of the offense of bribery shall forever be disqualified from holding any position as a Tribal public servant. [Res. 2012-445 § 69; Ord. 49 § 6.9.2, 1-8-2010 (Res. 2010-10)].
3.35.030 Improper influence in official matters.
(1) A person commits the offense of improper influence by purposely or knowingly:
(a) Threatening harm to any person, the person’s spouse, child, parent, or sibling, or the person’s property with the purpose to influence the person’s decision, opinion, recommendation, vote or other exercise of discretion as a Tribal public servant or voter;
(b) Threatening harm to any Tribal public servant, to the Tribal public servant’s spouse, child, parent, or sibling, or to the public servant’s property with the purpose to influence the Tribal public servant’s decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding;
(c) Threatening harm to any Tribal public servant, the public servant’s spouse, child, parent, or sibling, or the person’s property with the purpose to influence the person to violate her or his duty; or
(d) Privately talking about the circumstances of a pending or potential controversy with any Tribal public servant who has or will have official discretion in a judicial or administrative proceeding or any other communication with such Tribal public servant designed to influence or with the potential to influence the outcome of such proceedings on the basis of considerations other than those authorized by Tribal law.
(2) It is not a defense that a person whom the offender sought to influence was not qualified to act in the desired way.
(3) Improper influence in official matters is a Class D offense. [Ord. 49 § 6.9.3, 1-8-2010 (Res. 2010-10)].
3.35.040 Compensation for past official behavior.
(1) A person commits an offense under this section if he or she knowingly solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having, as a Tribal public servant, given a decision, opinion, recommendation, or vote favorable to another, for having exercised a discretion in another’s favor, or for having violated his or her duty. A person commits an offense under this section if he or she knowingly offers, confers, or agrees to confer compensation which is prohibited by this section.
(2) Compensation for past official behavior is a Class C offense. [Ord. 49 § 6.9.4, 1-8-2010 (Res. 2010-10)].
3.35.050 Gifts to Tribal public servants by persons subject to their jurisdiction.
(1) No Tribal public servant in any department or agency exercising a regulatory function, conducting inspections or investigations, carrying on a civil or criminal litigation on behalf of Tribal government, or having custody of prisoners shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation, or custody or against whom such litigation is known to be pending or contemplated.
(2) No Tribal public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the government shall solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim, or transaction.
(3) No Tribal public servant having judicial or administrative authority and no Tribal public servant employed by a Tribal Court having such authority or participating in the enforcement of its decision shall solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such Tribal public servant or tribunal with which he or she is associated.
(4) This section shall not apply to:
(a) Fees or payments prescribed by law to be received by a Tribal public servant or any other benefit for which the recipient gives legitimate consideration or to which he or she is otherwise entitled; or
(b) Trivial benefits incidental to personal, professional, or business contacts and involving no substantial risk of undermining official impartiality.
(5) No person shall knowingly confer or offer or agree to confer any benefit prohibited by subsections (1) through (3) of this section.
(6) An offense committed under this section is a Class C offense. [Ord. 49 § 6.9.5, 1-8-2010 (Res. 2010-10)].
3.35.060 Perjury.
(1) A person commits the offense of perjury by knowingly making in any Tribal judicial or administrative proceeding a false statement under oath or equivalent affirmation, or by swearing or affirming the truth of a false statement previously made when the statement is material to the proceedings.
(2) Perjury is a Class D offense. [Ord. 49 § 6.9.6, 1-8-2010 (Res. 2010-10)].
3.35.070 False swearing.
(1) A person commits the offense of false swearing by knowingly making a false statement under oath or equivalent affirmation, or swearing or affirming the truth of such a statement previously made when the person does not believe the statement to be true and:
(a) The falsification occurs in an official proceeding;
(b) The falsification is purposely made to mislead a Tribal public servant in performing his or her official function; or
(c) The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.
(2) False swearing is a Class C offense. [Ord. 49 § 6.9.7, 1-8-2010 (Res. 2010-10)].
3.35.080 Unsworn falsification to authorities.
(1) A person commits an offense under this section if, with purpose to mislead a Tribal public servant in performing his or her official function, he or she:
(a) Makes any written false statement which he or she does not believe to be true;
(b) Purposely creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading;
(c) Submits or invites reliance on any writing which he or she knows to be forged, altered, or otherwise lacking in authenticity; or
(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.
(2) Unsworn falsification is a Class B offense. [Ord. 49 § 6.9.8, 1-8-2010 (Res. 2010-10)].
3.35.090 Petition misconduct.
(1) A person commits an offense under this section if he or she:
(a) Signs a petition with a name of another person or fictitious person, or any name other than his or her true name; or
(b) Signs a petition knowing that he or she is not eligible to sign under applicable Tribal ordinance, resolution or constitutional provision; or
(c) In signing a petition, makes a false statement as to his or her residence, age, Tribal membership or other qualifications necessary to sign the petition; or
(d) Knowing that a petition contains false signatures or statements, files the petition, or puts the petition off with intent that it should be filed, as a true and genuine petition; or
(e) For any consideration or gratuity or promise thereof, signs or declines to sign any petition; or
(f) Provides or receives consideration for soliciting or procuring signatures on a petition if any part of the consideration is based on the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
(g) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign any petition; or
(h) Interferes with or attempts to interfere with the right of any voter to sign or not to sign a petition by threats, intimidation, or any corrupt means or practice.
(2) Petition misconduct is a Class C offense. [Ord. 49 § 6.9.9, 1-8-2010 (Res. 2010-10)].
3.35.100 False alarms to agencies of public safety.
(1) A person commits an offense under this section if he or she knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, Tribal or otherwise, official or volunteer, which deals with emergencies involving danger to life or property.
(2) False alarms to public agencies is a Class C offense. [Ord. 49 § 6.9.10, 1-8-2010 (Res. 2010-10)].
3.35.110 False reports to law enforcement officers.
(1) A person commits the offense of giving false reports to law enforcement officers by knowingly:
(a) Giving false information to any law enforcement officer with the purpose to implicate another;
(b) Reporting to a law enforcement officer an offense or other incident within their concern, knowing that the alleged offense or incident did not occur; or
(c) Pretending to furnish such officers with information relating to an offense or incident when the person does not have information relating to such offense or incident.
(2) Giving false reports to law enforcement officers is a Class C offense. [Ord. 49 § 6.9.11, 1-8-2010 (Res. 2010-10)].
3.35.120 Tampering with witnesses, informants, or physical evidence.
(1) A person commits the offense of tampering if, believing that an official proceeding or investigation is pending or about to be instituted, the person knowingly or purposely attempts to or does:
(a) Induce or otherwise cause a witness or informant to testify or inform falsely;
(b) Withhold any testimony, information, document or other material evidence;
(c) Cause a witness to elude legal process summoning the witness to testify or supply evidence; or
(d) Alter, destroy, conceal, or remove any record, document, or other physical object in order to impair its availability or reliability in such proceeding or investigation.
(2) Tampering is a Class D offense over which the Tribes has exclusive jurisdiction. [Ord. 49 § 6.9.12, 1-8-2010 (Res. 2010-10)].
3.35.130 Impersonating a Tribal public servant.
(1) A person commits the offense of impersonating a Tribal public servant by knowingly and purposely pretending to hold a position as a public servant of the Tribes as a means of inducing another to submit to the person’s authority or otherwise act in reliance upon such representation.
(2) Impersonating a Tribal public servant is a Class B offense. [Ord. 49 § 6.9.13, 1-8-2010 (Res. 2010-10)].
3.35.140 False claims to Tribal agencies.
(1) A person commits an offense under this section if he or she purposely and knowingly presents for allowance or for payment a claim already paid by another or a false or fraudulent claim, bill, account, voucher, or writing to a Tribal agency, Tribal public servant, or to a contractor authorized to allow of pay claims presented to a Tribal agency, if genuine.
(2) A false claim is a Class D offense. [Ord. 49 § 6.9.14, 1-8-2010 (Res. 2010-10)].
3.35.150 Resisting arrest.
(1) A person commits the offense of resisting arrest by knowingly preventing or attempting to prevent a law enforcement officer from making an arrest by:
(a) Using or threatening to use physical force or violence against the law enforcement officer or another; or
(b) Using any other means which creates a risk of causing physical injury to a law enforcement officer or another.
(2) It is no defense to a charge of resisting arrest that the arrest was unlawful, provided the law enforcement officer was acting under the color of his or her official authority.
(3) Resisting arrest is a Class D offense. [Ord. 49 § 6.9.15, 1-8-2010 (Res. 2010-10)].
3.35.160 Obstructing a law enforcement officer or other Tribal public servant.
(1) A person commits the offense of obstructing a law enforcement officer or other Tribal public servant if he or she knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a Tribal governmental function.
(2) It is no defense to a charge under this section that the law enforcement officer or other Tribal public servant was acting in an illegal manner, provided he was acting under the color of his or her official authority.
(3) Obstructing a law enforcement officer or other Tribal public servant is a Class C offense. [Ord. 49 § 6.9.16, 1-8-2010 (Res. 2010-10)].
3.35.170 Obstructing justice.
(1) For the purpose of this section, “an offender” means a person who has been or is liable to be arrested, charged, convicted, or punished for a Tribal offense.
(2) A person commits the offense of obstructing justice if, knowing another person is an offender, he or she purposely:
(a) Harbors or conceals an offender;
(b) Warns an offender of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring an offender into compliance with the law;
(c) Provides an offender with money, transportation, a weapon, disguise, or other means of avoiding discovery or apprehension;
(d) Prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery or apprehension of an offender;
(e) Supports, by act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of an offender; or
(f) Aids an offender who is subject to detention to escape from such detention.
(3) Obstructing justice is a Class C offense. [Ord. 49 § 6.9.17, 1-8-2010 (Res. 2010-10)].
3.35.180 Violation of a protection order.
(1) A person under restraint of a protection order commits the offense of violation of a protection order by, with knowledge of the order, knowingly or purposely engaging in any conduct proscribed by the protection order or by failing to meet any requirement of the order.
(2) The person requesting the protection order or for whose protection it was issued may not be charged with violation of this section.
(3) Violation of a protection order is a Class E offense. [Res. 2014-116; Ord. 49 § 6.9.18, 1-8-2010 (Res. 2010-10)].
3.35.190 Escape.
(1) A person commits the offense of escape by:
(a) Unlawfully removing herself or himself from official detention or failing to return to detention following temporary leave granted for a specific purpose or limited time period;
(b) Aiding another person to escape from official detention; or
(c) Knowingly procuring, making, possessing or providing a person in official detention with anything which may facilitate escape.
(2) Escape is a Class D offense. [Ord. 49 § 6.9.19, 1-8-2010 (Res. 2010-10)].
3.35.200 Providing contraband.
(1) A person commits the offense of providing contraband by knowingly providing a person in official Tribal detention with alcoholic beverages, implements of escape or any other items or substances which the person knows are unlawful or improper for the detainee to possess.
(2) Providing contraband is a Class D offense. [Ord. 49 § 6.9.20, 1-8-2010 (Res. 2010-10)].
3.35.210 Bail-jumping.
(1) A person commits the offense of bail-jumping if, having been released on bail, on the person’s own recognizance, by Tribal Court order or other lawful Tribal authority upon condition that the person subsequently appear on a charge of an offense, the person fails, without just cause, to appear in person or by counsel at the time and place lawfully designated for the person’s appearance.
(2) Bail-jumping constitutes a Class D offense. [Ord. 49 § 6.9.21, 1-8-2010 (Res. 2010-10)].
3.35.220 Criminal contempt.
(1) A person commits the offense of criminal contempt by knowingly engaging in any of the following conduct:
(a) Disorderly, contemptuous, or insolent behavior committed during the sitting of the Tribal Court or the Court of Appeals, in the immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due its authority;
(b) Breaching the peace by causing a disturbance directly tending to interrupt the proceedings of the Tribal Court or the Court of Appeals;
(c) Purposely disobeying or refusing any lawful process or other mandate of Tribal Court or the Court of Appeals;
(d) Unlawfully refusing to be sworn as a witness in any Tribal Court proceeding or, after being sworn, refusing to answer any legal and proper questions;
(e) Purposely publishing a false or grossly inaccurate report of a Tribal Court proceeding; or
(f) Purposely failing to obey any mandate, process, or notice relative to serving as a juror.
(2) Criminal contempt is a Class C offense. [Ord. 49 § 6.9.22, 1-8-2010 (Res. 2010-10)].
3.35.230 Official misconduct.
(1) A Tribal public servant commits the offense of official misconduct when in his or her official capacity he or she commits any of the following acts:
(a) Purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;
(b) Knowingly performs an act in his or her official capacity which he or she knows is forbidden by law;
(c) With the purpose to obtain advantage for himself or herself or another, performs an act in excess of his or her lawful authority;
(d) Solicits or knowingly accepts for the performance of any act a fee or reward which he or she knows is not authorized by law.
(2) Official misconduct is a Class D offense.
(3) A public servant who has been charged as provided in this section may be suspended from his or her office without pay pending final judgment. [Ord. 49 § 6.9.23, 1-8-2010 (Res. 2010-10)].
3.35.240 Misuse of Tribal funds.
(1) Any person who shall, being a Tribal employee or other person charged with receipt, safekeeping, transfer or disbursement of Tribal funds, without lawful authority, appropriates funds to his or her own use or the use of another, or who shall otherwise handle Tribal funds in a manner not authorized by law, shall commit the crime of misuse of public funds.
(2) If the amount of the Tribal funds misused is greater than $1,000, misuse of Tribal funds is a Class E offense.
(3) If the amount of the Tribal funds misused does not exceed $1,000, misuse of Tribal funds is a Class C offense. [Ord. 49 § 6.9.24, 1-8-2010 (Res. 2010-10)].