Friday, May 16, 2008

Ethics: Should Tribes Allow Personal Use of Tribal Property?

Q. Jack has been employed by the ABC Tribe as a mechanic in the maintenance department for 10 years. He is considered a model employee within the department, reliable and diligent in performing his job responsibilities. One day, Jack requests permission from his supervisor to use the department’s power washer at home. He is staining his deck and needs to clean the wood surface. Jack’s supervisor notes that his department does not need the power washer for a couple of days and readily agrees to Jack’s request. Although Jack promptly returns the power washer in the same condition as he removed it, other employees in the maintenance department learn that Jack was able to “check out” a tool for his own use. Soon Jack’s supervisor begins receiving several requests a week from department workers to take various maintenance shop items out for employee use. Initially, he consents to the requests, but after tools become lost or damaged while away from his shop the supervisor puts an end to the “employee loan policy.”

How should tribes treat requests by employees and elected officials for personal use of tribal property?


A. See the answer in the current issue of American Indian Report.

Joseph M. Paiement is a tribal attorney and an instructor for Falmouth Institute, teaching Ethics, Tribal Constitutions and American Indian Law.

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