– Akwesasne – Three Saint Regis Mohawk Tribal chiefs came under fire in April after an investigation was launched when Akwesasne community member, Ruth Bell, filed an ethics complaint on April 13, with the Saint Regis Mohawk Tribe (SRMT).
The three different complaints primarily focused on the ‘Oath of Office’, alleged impropriety, alleged misappropriation of tribal funds, and alleged perjury or fraud. On April 15, 2016, the SRMT ‘Ethics Officer’ officially retrieved and processed the sealed complaint for review.
On Friday, May 13, 2016, the Saint Regis Mohawk Tribe (SRMT) issued a press statement releasing the findings of the investigation. Akwesasne TV shares the details of the complaints and the official findings of the investigation:
- Complaint #1 (With regards to the investment in a soy bean production plant, Mohawk Soy)
- The Ethics Ordinance TCR2007-061 clearly states in Section Ill Purpose and Policy. The purpose of this Ordinance is to require Elected Officials to be accountable to tribal membership and to act with integrity and honesty and to maintain high standards of honesty, integrity, fairness, and impartiality in their conduct. The action in which you have submitted pertains to activities and actions of the Tewathahon:ni Corporation. The Tewathahon:ni Corporation is a federally chartered Tribal Business Corporation under BIA Section 17 (25 U.S.C. 477).
The Board of Directors of this Tribal Business Corporation consists of three Chiefs, three Sub-Chiefs and three additional members (Article XI, Section B. of Tewathahon:ni Corporation Federal Charter).
During Tewathahon:ni Corporation operations, Tribal Council has no authority to direct the business affairs of the Corporation. Therefore, as Corporate Board of Directors of Tewathahon:ni Corporation, the three Tribal Council Chiefs and three Sub-Chiefs are omitted from practicing or conducting as Tribal Government official during such sessions.
Therefore, the Ethics Ordinance TCR2007-061 which specifically applies to three Chiefs, three Sub-Chiefs and Tribal Clerk cannot be enforced by the Ethics Ordinance to the Tewathahon:ni Corporation Board of Directors.
Complaint #2 (With regards to the individual health coverage)
Due to the federal HIPAA Privacy Rule which establishes national standards to protect individuals’ medical records and other-personal health records and applies to health plans, the Ethics Officer was unable to acquire details regarding this aspect of your complaint. HIPPA violations may result in penalties up to $50,000 per occurrence and possible imprisonment.
Tribal employees and elected officials that have qualified for the Tribal Health Care Plan and have elected to participate and pay into a selected Health Plan, may elect, after termination of employment, to continue to pay for their Tribal Health Plan for up to 18 months after termination. Complaint #2 is unfounded.
Complaint #3 (With regards to the renting and housing of the Seaway Valley Ambulance)
In reference to the selection and location of the Tribal EMS ambulance station and associated cost, please be advised that the review has concluded that the Tribal Council did not participate in the selection of the location or the contract with the property owner.
The selection of the ambulance location was performed in accordance with standard SRMT contracting practices. Complaint # 3 is unfounded.
Therefore, because the Tribal Council did not participate in the selection or contract for the ambulance station, complaint #3 does not fall within the jurisdiction of the Ethics Ordinance (TCR 2007-061).
CONCLUSION:
After a careful investigation of your complaints and a thorough review of SRMT policies, procedures, and internal documents it is determined that there is no evidence to support your complaints and that all three complaints DO NOT FALL within the jurisdiction of the Ethics Ordinance.
In a letter dated May 11, 2016, the ethics officer, Mark Martin, states that there is no cause to establish an ethics commission for a hearing under the procedures.
ATV: Regan Jacobs
Please send comments or questions to reganjacobs@akwesasnetv.com
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