Tribal Members Protest, Allege Nepotism

Eight Saginaw Chippewa Tribal members gathered outside the tribal casino to protest the appointment of Charmaine Benz to Tribal Council. She was appointed to fill the vacant District 1 seat originally held by former Council Member Simon Jackson, who was suspended from office on May 6. He was later convicted of felony drunken driving.

Protesters say that Benz, who was sworn in to office on Tuesday, is related to tribal leaders. Protesters held signs that read "No Democracy Axis of Evil Appointment." Another sign read “Stop nepotism appointment.”

You can read more about it here.

Three Cases of Fraud in Indian Country in the News Today

This morning’s e-mail news alerts contained a sad assortment of cases involving alleged fraud and unethical conduct by tribal government officials.

There was this: The Suquamish Tribe has hired an independent investigator to review the Tribal Council's credit card usage after allegations that one councilwoman had withdrawn more than $6,800 for non-government uses. Councilwoman Linda Holt remains on the board, though some elders have asked for her resignation. Holt is accused of taking out unauthorized cash advances with her government credit card. Read more …

And this: The former Passamaquoddy tribal governor at Indian Township and the tribe’s ex-business manager are due in federal court today to face trial on charges of misusing federal funds. Robert L. Newell and James J. Parisi Jr., are charged with misusing $1.7 million in federal funds, health care center funds and other tribal money over a 4-and-a-half-year period. Newell, who most recently served as tribal governor at Indian Township from 2002 to 2006, and Parisi, who served as Indian Township’s finance director from 2003 to 2006, were indicted on March 19 by a federal grand jury after a nearly two-year investigation. Read more …

And finally this: Last week, Rjay Brunkow, solicitor general for the Mille Lacs Band of Ojibwe, revealed that a yearlong "active criminal investigation" by the FBI, the U.S. Bureau of Indian Affairs and a Twin Cities law firm hired by the tribe has uncovered massive fraud within the band's Community Development Department, involving tribal building projects. No criminal charges have been filed, but so far the band has fired its commissioner of community development and five department employees, all of whom were implicated along with former Tribal Chairwoman Melanie Benjamin in having personally received services or materials from public projects, Brunkow said. Benjamin was removed from office last month, but denies any wrong-doing. She says she will fight to regain her seat. Read more …

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.

Have an ethics question? Post it in the comments section and we'll address the best questions in future blogs.

Conflict of Interest for Council Members?

Q. In your opinion, is it unethical or a conflict of interest for Council members to sit as voting members on tribal departments or tribal corporate boards exercising dual voting seats on both Council and other boards?

A. The mere fact that a Council member works in another tribal department or sits on a tribal corporate board does not normally create a conflict of interest or constitute unethical behavior. However, problems arise when the Council member is called upon to participate in decisions that impact his department or board. At this point, most tribal ethics codes require the member to abstain from voting and some go further by preventing him / her from being present with the Council while it debates the issue. Clearly, participation in decisions that directly effect the member’s department or board does create a conflict of interest. If the Council frequently addresses issues pertaining to the department or board, the member’s productivity on the Council will be seriously compromised so long as they continue “to wear two hats”. Resignation from one of the two positions may then be the only remedy.

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

Have an ethics question? Post it in the comments section and we'll address the best questions in future blogs.

Ethics: Double Standard?

Q. A tribal council member who was convicted of driving while intoxicated was forced to resign his position on the council. Just a few months earlier, a tribal secretary, who was convicted of the same crime, was placed on three-months probation but allowed to keep her job. Is it proper for tribal governments to employ two standards of conduct – one for elected officials and one for employees?

A. Depending upon the tribe’s constitution and laws, it may be both legal and proper for a tribal government to apply distinct standards of conduct that result in elected employees being treated differently. For example, many tribal constitutions prohibit elected officials, including tribal council members, from holding office after they have been convicted of a serious criminal offense. In some jurisdictions, depending upon the defendant’s criminal history and offense conduct, driving while intoxicated is a gross misdemeanor or felony-level offense.

Accordingly, it is conceivable that a tribal official could be constitutionally prohibited from retaining his/her position following such a conviction while an employee, not covered under the constitution, may be permitted by tribal employment policy to keep his/her job after a probationary period. Also, many tribes have adopted a code of ethics that prohibits tribal officials and/or employees from engaging in certain types of conduct, including criminal behavior.

Such ethics laws may subject tribal officials and employees to different penalties for violating the same restriction. It is important for misconduct to be clearly defined by the tribe so that everyone is on notice as to the consequences of their behavior.

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

Have an ethics question? Post it in the comments section and we'll address the best questions in future blogs.