55-01-01 PROCUREMENT PROCEDURES AND STANDARDS'
Attachment O, Circular No. A-102 from the office of Management and Budget is hereby incorporated by reference in the Sisseton-Wahpeton Sioux tribe's procurements are from Federal programs.
55-01-02 No employee, officer, or agent of the Grantee Sisseton-Wahpeton Sioux Tribe) shall participate in selection, or in the award or administration of a contract supported by Federal funds and/or Tribal funds, if a CONFLICT-OF-INTEREST, real or apparent, would be involved. In the event the preceding conditions exist, the employee, officer or agent of the Grantee shall absent himself/herself from the room where the selection is taking place such a conflict would arise when
1. The employee, officer, or agent;
2. Any member of his/her immediate family;
3. His or her partner; or
4. An organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for the award.
55-01-03 The Grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of a monetary value from contractors, potential contractors, or parties to subagreements.
55-01-04 Any violations of these procurement standards as set forth herein shall be reported for investigation either through Federal administrative channels (which is-the Grantor's Contracting Officer) or to the tribe's Criminal Investigator.
55-01-05 If the investigation brings forth violations of a minor nature or a situation that is subject to administrative remedies, the record of the investigation shall so state. Administrative remedies shall mean those internal controls of program management and/or the provisions of 55-02-01 and 55-02-02.
55-01-06 If the investigation indicates violations of a serious nature that are prosecutable in a court of competent jurisdiction, the tribe's Criminal Investigator, shall proceed directly with his investigative reports to the Federal court system or if the situation indicates, to the Tribal Prosecutor for prosecution.
55-01-07 Suspensions of elected or selected officials includes, but is not limited to, Council persons, District Officers, Committee members, Commission members, Board members, and Tribal Program/Project Managers. No person accused of violations under the provisions of this, chapter shall be removed from his/her office or position until those allegations have been proven beyond a reasonable doubt in a court of competent jurisdiction within the parameters of due process as mandated by the Indian Civil Rights Act of 1968.
55-01-08 Presentation of the evidence requesting circumstances for offenses shall be presented at a regularly scheduled Tribal Council meeting wherein a majority vote shall be obtained for subject's suspension.
55-01-09 A person so accused may be suspended from his/her position with or without pay until such time guilt or innocence has been established. If the allegations are not substantiated, the person/defendant should be restored to full duties and responsibilities. In those cases where allegations have resulted in prosecution and conviction, and after exhaustion of all appeals, the person/defendant shall, upon conviction, immediately forfeit his/her position. Elected or selected officials of the Sisseton-Wahpeton Sioux Tribe, who have been convicted under the provisions of this chapter, may be subjected to the provisions of the Constitution and Bylaws of the Sisseton-Wahpeton Sioux Tribe, Article VI Vacancies, Removal and Recall, if they do not voluntarily relinquish their positions.
55-02-01 GROSS NEGLECT - as evidenced through any or all of the following will be determined by the Tribal Council:
1. GROSS INCOMPETENCY - unable or unwilling to perform the duties of office.
2. Inability to handle private affairs as evidenced through garnishment proceedings or court actions or ordering payments of delinquent loans or debts.
3. EXCESSIVE ABSENTEEISM - three (3) days of unexcused absences in any thirty (30) day period.
55-02-02 IMPROPER CONDUCT Determined by Tribal Council:
1. Converting Tribal property or monies without authorization through omission
or misrepresentation of facts.
2. Misuse of office - Unauthorized personal use of Tribal equipment, manpower, or materials.
3. Public conduct so as to question the integrity of the Sisseton-Wahpeton Sioux Tribe.
4. Malfeasance of office.
5. Conviction of a felony.
6. Three (3) low-misdemeanor convictions within a twelve-month period.
7. Crimes in office-corruption, extortion, fraudulent claims for compensation (salary, mileage, and/or per diem) during an unexcused absence or an unaccountable period of time.
8. Contempt of Court.
9. Any high-misdemeanor, including but not limited to malicious mischief, statutory rape, hit-and-run, assault, battery or assault and battery.
10. Driving while under the influence of alcohol twice in a twelve-month period.
55-03-01 DISCLOSURE - is the premise that all Tribal Officials that are elected or selected and Tribal employees who have interests which might conflict with their duties, should divulge those interests. Disclosure shall also extend to those interests held by his/her family. Every selected or elected official or office or positions file a-disclosure of the following:
1. INTEREST/shares, ownership in a business corporation by self or
immediate family, (parents, spouse, brothers, sisters, or children).
2. Conflicting employment, which means, under the provisions of this chapter, employed part-time by a business that seeks to contract or other services from the Tribe, or in the case of immediate family as defined-in (1), employed full-time.
55-03-02 Any elected or selected officials or employee who does have those interests listed in the preceding definitions shall not take part nor vote in any transaction involving those interests.
55-03-03 Any subsequent acquisitions or employment within the listed categories should be promptly disclosed. Failure to disclose under this section shall result in an administrative hearing by the Tribal Council. A hearing on allegations of nondisclosure should be scheduled within 15 days after it has been presented. The defendant should be given notice; particularly defining the allegations and by whom. The burden of proof will rest with the accuser. Due process requires that the accused has the right to be represented, present testimony and cross-examine witnesses and his/her accuser. A 2/3 vote of a quorum duly seated shall be required to make a determination. Penalties shall be as follows:
1. Loss of per diem/salary for one (1) day if contract value is less than
2. Loss of per diem/salary for five (5) days if contract value is less than $500.00.
3. Referral for possible removal under Gross Neglect, 55-02-01, if contract value is over $500.00.
55-03-04 Location of the repository of such records shall be the responsibility of the Tribal Secretary's approval.
55-04-01 DEBTS OWED TO THE SISSETON-WAHPETON SIOUX TRIBE
All elected/selected/appointed officials delinquent in debt(s) of six (6) months or more to the Tribe and who have not made reasonable arrangements for payment of said debt(s) shall be brought to the attention of the Tribal Council by the Tribal Treasurer; and,
55-04-02 Shall be removed or suspended immediately from his/her respective official capacities by a vote of ten (10) Council members and shall be given the full opportunity to reply to any and all charges at a designated Council meeting; and provided further that the official shall have been given a written statement of the charges against him/her five (5) days before the meeting at which time he/she is to be given the opportunity to reply.
55-04-03 Shall not have the privilege of serving as a Tribal representative until actual payment in FULL of their outstanding debt(s) has been made.
55-04-04 It shall be the responsibility of the Tribal Secretary to notify the official delinquent in debt of their removal or suspension by Council action.
55-04-05 Any Tribal member, singularly or a party to, being delinquent in debt(s) of six (6) months or more to the Tribe and who have not made reasonable arrangements for payment of said -debt(s) shall not be awarded new contracts, subcontracts, or any moneymaking ventures until:
1. Delinquent debt(s) is satisfied in full, or
2. If the Tribal Treasurer notifies the awarding committee that a debtor applying for a contract, subcontract, or any moneymaking ventures, has paid fifty percent (50 %) of his/her debt (s) to the Tribe, that debtor is eligible to compete for contracts, subcontracts, or any moneymaking ventures, and if awarded a contract, subcontract, or moneymaking venture, he/she shall sign a statement authorizing the deduction of a minimum of fifteen percent (15%) (off the top) of the contract to be paid TOWARD the delinquent debt(s).
55-04-06 The Tribal Treasurer shall provide a written and a verbal
monthly report to the Tribal Council.
55-05-01 CANDIDATES FOR A BOARD
Candidates for a board cannot serve if an immediate family member is employed by the entity, unless the employee resigns.
Relative/Immediate Family Member - is defined as father, mother, son, daughter, brother, sister, grandfather, grandmother, husband, wife.
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.
55A-01-01 In accordance with the applicable provisions of the Constitution of the Sisseton-Wahpeton Sioux Tribe, all those persons owing- debts to the. Tribe who have not made reasonable (monthly) arrangements for payment of said delinquent debts shall be:
1. removed immediately from the Tribal Council, boards, commissions, and
2. ineligible to run for Tribal Council, boards, committees, commissions, and district offices; until actual payment in full of their outstanding debts(s).
55A-02-01 Any person subject to removal from the Tribal Council, boards, committees, commissions, and district offices under Section 55A-01-01 of this Chapter shall not vote on any motion pertaining to his or her removal.
55A-03-01 The Tribal Secretary shall notify any member of the Tribal Council, boards, committees, commissions, and district offices of any action taken to remove such member from such position pursuant to Section 55A-01-01 of this Chapter.
(Passed by Referendum Vote 6, 1990)
If any clause, sentence, paragraph, section or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.