It is declared that the high moral and ethical standards among the appointed or elected Tulalip Tribal Commissioners and Committee members are necessary in order to eliminate conflicts of interest in Tribal offices, improve standards of Tribal service, and promote and strengthen the faith and confidence of the members of the Tulalip Tribes in their government.
(Ord. 125 § 1.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 1.0, 7-8-2005 (Res. 2005-255))
(1) 
“Commissioner”
means a person who is a duly elected or appointed member of any Committee, Board or Commission formed and organized under the laws of the Tulalip Tribes including but not limited to the Planning, Fish, Gaming, Enrollment, and TERO Commissions and Boards.
(2) 
“Confidential information”
shall mean any information relating to Tribal businesses; personnel matters; litigation; contracts; finances and any other such information, whether oral or written, proprietary or not, which has been designated by the law of the Tulalip Tribes or by a written action of the Board of Directors, a Committee, or Commission as confidential.
(3) 
“Due process”
means an opportunity for any person under consideration for removal from any Committee or Commission to have a hearing before the Board of Directors. The hearing shall determine if removal is warranted.
(Ord. 125 § 2.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 2.0, 7-8-2005 (Res. 2005-255))
No Commissioner shall have any interest, financial or otherwise, direct or indirect, or shall engage in any business or transaction or professional activity, or shall incur any obligation of any nature, which is in conflict with the discharge of his or her duties as a Commissioner. The nepotism policies set out in Chapter 9.10 TTC shall apply to members of Commissions and Committees for actions taken in carrying out their official duties.
(Ord. 125 § 3.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 3.0, 7-8-2005 (Res. 2005-255))
No Commissioner shall use his or her position to secure special privileges or exemptions for himself, herself or others.
(1) 
No Commissioner shall directly or indirectly give or receive or agree to receive any significant or substantial compensation, gift, reward, or gratuity from any source except the Tulalip Tribes for any matter connected with or directly related to the powers, responsibilities and duties of a Commissioner, Board or Committee member of any Tribal Commission, Board or Committee established under in Tulalip Tribal laws and regulations.
(a) 
No Commissioner shall participate in any activity or employment that is regulated in any way by the Commission to which the Commissioner has been elected or appointed; provided, that this subsection shall not apply to the Tulalip Tribal Fish Commission.
(2) 
No Commissioner shall accept employment or engage in any business or professional activity which he or she might or should reasonably expect would require or induce him or her to disclose confidential information acquired by him or her by reason of his or her official position as a Commissioner.
(3) 
No Commissioner shall disclose confidential information gained by reason of his or her official position nor shall he or she otherwise use such information for his or her personal gain or benefit.
(4) 
Conflicts of Interest. Except as part of training authorized in advance by a Committee, Commission or Board of Directors (when applicable to Commission employees), or in the course of the lawful discharge of their duties, the members of Committees and Commissioners shall not:
(a) 
Solicit, receive, or accept anything of value from:
(i) 
Any source related to specific Committees or Commissions;
(ii) 
Any other employee, agent, or representative of a source related to specific Committees or Commissions;
(b) 
Provided, however, that the prohibitions of this subsection (4) shall not apply to items of:
(i) 
Insignificant value that are distributed without charge to the general public.
(ii) 
Rights and benefits that are available to all Tribal members and/or all Tribal employees.
(5) 
No Commissioner shall sell goods or services to any business entity which is licensed by or regulated in any manner by their Commission during the term of office of such Commissioner.
(Ord. 125 § 4.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 4.0, 7-8-2005 (Res. 2005-255); Res. 2009-179)
Each Commissioner who is an officer, agent, member of, or who owns an interest in any firm, corporation, association, or other business entity which is subject to Tribal regulation shall file a sworn statement with the Secretary of the Board of Directors disclosing the nature and extent of his or her relationship or interest, said statement to be kept in confidence and to be disclosed only to members of the Tulalip Board of Directors or any Tulalip Board of Directors Committee which may be organized for the purpose of ascertaining a breach of this code.
(Ord. 125 § 5.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 5.0, 7-8-2005 (Res. 2005-255))
No Commissioner shall violate any law of the Tulalip Tribes, including but not limited to the rules regarding travel set out in Chapter 9.10 TTC, or any criminal law of a state or the United States.
(Ord. 125 § 6.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 6.0, 7-8-2005 (Res. 2005-255))
This chapter shall be construed so as to effectuate its purposes and policies as set forth in TTC § 1.15.010.
(Ord. 125 § 7.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 7.0, 7-8-2005 (Res. 2005-255))
Any Commissioner violating any provision of this chapter is subject to removal from his or her position or office as Commissioner substantiated by the Tulalip Board of Directors after a due process hearing before the Board of Directors.
(Ord. 125 § 8.0, 4-9-2004 (Res. 2004-096); Ord. 125 § 8.0, 7-8-2005 (Res. 2005-255))
Persons elected or appointed to Tribal Commissions or Committees are expected to attend all regular meetings of the Commissions or Committees of which a person is a duly elected or appointed member. Any member of a Committee or Commission who is recorded as absent for 25 percent or more of the meeting shall not be paid any meeting stipend.
(Ord. 125 § 9.0, 7-8-2005 (Res. 2005-255); Res. 2006-30, 2-6-2006)
Members of a Tribal Commission or Committee shall not be counted or recorded as present at any meeting of the Commission or Committee at which the member appears while under the influence of alcoholic beverages, dangerous/illegal drugs or narcotics.
(Ord. 125 § 10.0, 7-8-2005 (Res. 2005-255))
(1) 
The request for an administrative hearing shall be in writing by the Committee member or Commissioner.
(2) 
Notice shall be delivered to the Committee member or Commissioner that advises the Committee member or Commissioner that:
(a) 
The date, time and place of the hearing.
(b) 
The hearing is his/her sole opportunity to present any information, arguments, documents, or witnesses on his/her behalf prior to a final determination by the Board of Directors.
(c) 
The person shall be afforded the opportunity before the hearing, upon written request, to review all information and regulations relevant to the removal.
(d) 
The Committee member or Commissioner person has a right to representation at the hearing.
(e) 
Failure to appear for the scheduled hearing shall be cause for upholding the removal.
(3) 
The hearing shall be informal. Strict rules of evidence shall not apply.
(4) 
The hearing shall be video recorded, if possible, but in all cases the hearing shall be audio recorded.
(5) 
The applicable law at the hearing shall be this chapter and appropriate Commission regulations/ordinances adopted by the Board, as the same now exist, and as any of the same may be hereinafter amended.
(6) 
In the event of failure to appear, the Board of Directors shall uphold the removal of the Committee member or Commissioner.
(7) 
Decision on Appeal.
(a) 
The decision of the Board of Directors shall be in writing and shall state the reasons for the decision.
(b) 
The Board of Directors shall have caused to be mailed, certified mail, return receipt requested, a copy of the decision to the proposed person.
(c) 
The decision of the Board of Directors shall be final.
(8) 
Notice of Decision. The Board of Directors shall provide notice to the appropriate Committee or Commission of the final determination of the administrative hearing. Such notice will state only the decision of the Board of Directors, the effective date of the decision, and if any, applicable conditions.
(Ord. 125 § 12.0, 7-8-2005 (Res. 2005-255))
Robert’s Rules of Order shall apply to the conduct of Commission and Committee meetings whenever action is taken on the record.
(Ord. 125 § 13.0, 7-8-2005 (Res. 2005-255))
Committee and Commission members and Chairs may seek legal advice on Committee or Commission business from the Office of the Reservation Attorney.
(Ord. 125 § 14.0, 7-8-2005 (Res. 2005-255))