STRUCTURE - Oversight

PURPOSE

Define the processes and powers by which government officials can be reviewed and held accountable.

EXAMPLES

Haudenosaunee (Great Law of Peace)

Rights, Duties and Qualifications of Lords…If at any time it shall be manifest that a Confederate Lord has not in mind the welfare of the people or disobeys the rules of this Great Law, the men or women of the Confederacy, or both jointly, shall come to the Council and upbraid the erring Lord through his War Chief. If the complaint of the people through the War Chief is not heeded the first time it shall be uttered again and then if no attention is given a third complaint and warning shall be given. If the Lord is contumacious the matter shall go to the council of War Chiefs. The War Chiefs shall then divest the erring Lord of his title by order of the women in whom the titleship is vested. When the Lord is deposed the women shall notify the Confederate Lords through their War Chief, and the Confederate Lords shall sanction the act. The women will then select another of their sons as a candidate and the Lords shall elect him. Then shall the chosen one be installed by the Installation Ceremony.

Citizen Potawatomi Nation (2007)

The judicial power of the Citizen Potawatomi Nation is hereby vested in one Supreme Court consisting of seven (7) Justices and such inferior courts as may be established by Tribal law…The Courts of the Citizen Potawatomi Nation shall be courts of general jurisdiction and shall further have jurisdiction in all cases arising under the Constitution, Laws and Treaties of the Citizen Potawatomi Nation. The Supreme Court shall have original jurisdiction in such cases as may be provided by law, and shall have appellate jurisdiction in all cases…The Tribal Courts, in any action brought before them, shall have the power of judicial review, in appropriate cases, in order to declare that legislative enactments of the Business Committee or the Council, are unconstitutional under the Constitution or prohibited by federal statutes and void.

Confederated Tribes of Siletz Indians of Oregon (1994)

Section 3. Recall. Upon receipt and verification by the Election Board of a petition of at least one-third of the General Council of the Confederated Tribes of Siletz Indians of Oregon, it shall be the duty of the Tribal Council to call a special election to consider the recall of the elected tribal official named in the petition…

Standing Rock Sioux Tribe (2008)

Code of Ethics: a. The faithful and diligent discharge of duties and responsibilities shall be for and in the best interest of the Standing Rock Sioux Tribe. b. The discharge of duties and responsibilities shall be without various, neglect, or influence in the form of compensation, gratuity, benefit or advantage from any source other than from the Standing Rock Sioux Tribe or as pre-authorized by the Standing Rock Sioux Tribe. C. Use of Tribal property, funds, or resources shall be for authorized uses only and not for personal use or gain. d. Take an “Oath of Confidentiality” which shall provide non-disclosure or use for personal gain, any confidential information of the Tribe. e. To knowingly or intentionally alter, falsify, conceal, or destroy any official book, record, account or other document of the Tribe. f. To present, allow or pay, charge or claim against the Tribe which the Tribal Official or employee, agent or instrumentality knows to be improper or illegal; and, g. To knowingly make any false statement in any official statement, report, certificate, application, claim or other document presented to or on behalf of Tribal Government or the Tribal Membership which has an adverse effect or significant interests of the Tribe or its membership.

KEY CONCEPTS

Provide culturally legitimate methods of controlling breaches of the public trust and community values

POINTS TO CONSIDER

• A role for a council of elders and/or youth – a “fourth branch”?

• A code of ethics