THE KICKAPOO TRADITIONAL TRIBE OF TEXAS

THE KICKAPOO TRADITIONAL TRIBE OF TEXAS

CODE OF CONDUCT

CHAPTER 21

Section 21.1 False Statements (Fraud):

No employee shall knowingly, willfully or corruptly make any false statement, certificate,

mark, rating or report in regard to any application, test certification, appointment,

complaint against a supervisor or fellow employee, or in any manner commit any fraud

in connection with employment with the Tribe. Any employee doing so will be subject to

a disciplinary action.

Section 21.2 Political Participation and Activities:

a. Hold position: No employee shall continue to be employed with the

Tribe after being elected to Tribal Council.

b. Other Office: No employee shall hold any other public office filled in a

partisan (candidates identified by Party Affiliation) election. Any

employee may hold any appointive public office or public office filled in a

non-partisan election when the holding of such office will not interfere

with such employee’s duties for the Tribe.

c. Solicitation: No employee shall solicit contributions for any political

office, cause, or party from any officers or employees during any time at

which the officer or employee is performing paid services for the Tribe.

No appointive, salaried or elected officer or employee of the Tribe shall

attempt to coerce, command, advise or dissuade a tribal officer or

employee to or from giving, lending or contributing anything of value for

political purposes. No political signs, references, buttons, etc. shall be

displayed on tribal property nor be worn or displayed by employees

while on duty.

d. Rights: Nothing contained herein shall be construed to prevent the

exercise of the rights of appointive officers or employees as citizens to

express their opinions and cast their votes.

Section 21.3 Gifts, Favors:

a. Gifts for Appointments: No person seeking appointment to or promotion

in the service of the Tribe shall either directly or indirectly give, render,

or pay money, service, or other valuable things to any person for, on

account of, or in connection with a test, appointment, proposed

appointment, promotion or proposed promotion; provided however, that

the provision thereof shall not apply to payments made to duly licensed

agencies.

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b. Receipt from 3° °*s: No reward, gift, favor, or emolument of value or

other form of remuneration in addition to regular compensation shall be

received by any employee for the performance or non-performance of

duties from any vendor, contractor, individual or firm, or from any source

having or proposing to have any relationship with the Tribe.

c. Value Defined: Value shall be defined as any item or service which

could be exchanged for any amount of money, goods, or services; or is

offered for the purpose of persuading a Tribal employee to not be

impartial in his decision.

Section 21.4 Financial Interest:

Except as otherwise provided by this section, no employee, or any business in which

said employee or spouse of the employee has a proprietary interest, shall engage in;

a. Selling, buying, or leasing property to or from the tribe.

b. Contracting with the tribe.

c. Buying or bartering for or otherwise engaging in any manner in the

acquisition of any bonds, warrants or other evidence of indebtedness of

the tribe unless disclosed and approved by Council thru Resolution.

The definition of employee in this section will be determined by tribal code but primarily

is an individual that receives a payroll check from the Tribe.

Section 21.5 Outside Employment in Conflict:

No employee may engage in any employment activity or enterprise which has been

determined by the tribal administrator to be inconsistent, incompatible, or in conflict with

the employee's duties, functions, and/or responsibilities of the Department.

Section 21.6 Employment of Related Persons:

No person shall be hired, promoted, or transferred to a position which is under the

supervision of a relative. For purposes of this rule, relative includes spouse, child,

parent, brother, sister, son-in-law, daughter-in-law, parent-in-law, brother-in-law, and

sister-in-law. Supervisory relationship includes immediate and intermediate supervisor,

superintendent, and Department Head. In addition, persons related as defined above

shall not be permitted to work in the same division except where, or the good of the

service, the tribal administrator determines it does not create a potential conflict. In

cases where relationship is created by marriage which would constitute a violation of

this section, the persons involved shall be given a period of six months to resolve the

conflict by reassignment, transfer, resignation, etc. The final decision relative to

potential conflict will rest with the tribal administrator. This policy will be reviewed on a

case-by-case basis and may be waived for any employee hired or promoted prior to

July 1, 2009. However, the Tribal Administrator will make the final decision on a case

by case basis concerning potential conflicts for those hired prior to July 1, 2009.

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21.7 Solicitation:

No sales representative shall solicit or provide information to tribal employees on tribal

property during working hours concerning any product or service unconnected with the

employee’s work responsibilities. No tribal employee shall make arrangement for or

with sales representatives to solicit from or provide information to tribal employees as

private customers during working hours. The only exceptions to this rule will be for

United Way, any tribally recognized insurance or benefit, or as otherwise approved by

the tribal administrator.

Section 21.8 Controlled Substances and Intoxicating Beverages:

a. Overview: The use of alcoholic beverages and/or controlled substances

as defined below and within the Tribe’s Administrative policy on drugs

and alcohol is prohibited during working hours and their use, in such

circumstances, will result in severe disciplinary action up to and

including dismissal. In addition, if an employee reports to work or drives

a tribal vehicle while under the influence of alcohol or controlled

substances, the same disciplinary procedures will be followed.

b. Drugs and Prescriptions: Where it is necessary for an employee to take

prescribed drugs, under the conditions established by the physician and

prescription, to correct any medical condition, and these drugs may

adversely affect the performance of the employee on the job or be a

direct threat to the health and safety of the employee, fellow employees,

or the public due to the nature of the employee's job, the employee must

advise his immediate supervisor of the circumstances so that a sound

decision can be made as to the employee's ability to perform his duties

and eliminate hazards to the employees or to the public.

c. In addition, it is a violation of the tribe’s Drug Free Workplace policies to

be engaged in; the unlawful manufacture, distribution, dispensation,

possession or use of a controlled substance in the workplace or be

under the influence of such substances at the workplace.

Controlled substances include, but are not limited to:

Narcotic Drugs,

Marijuana,

Amphetamines,

Barbiturates,

LSD and similar hallucinogens,

Cocaine, Heroin, etc.

AW PWNS

Section 21.9 Discrimination:

No person in the employment of the Tribe shall discriminate in appointment, promotion, |

demotion, or dismissal or any person because of race, color, sex, age, political or

religious opinion or affiliation, or national origin, marital or veteran status, or physical or

mental disability or sexual orientation.

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Section 21.10 Sexual Harassment:

a. Definition: Harassment on the basis of sex is a violation of Section 703

of Title VII of the Civil Rights Act. Unwelcome sexual advances,

requests for sexual favors and other verbal or physical conduct of a

sexual nature constitute sexual harassment when, (1) submission to

such conduct is made either explicitly or implicitly a term or condition of

an individual’s employment, (2) submission to or rejection of such

conduct by an individual is used as the basis for employment decisions

affecting such individual, or (3) such conduct has the purpose or effect

of unreasonable interfering with an individual’s work performance or

creating an intimidating, hostile, or offensive working environment.

Generally sexual harassment is any unwelcome sexual advance, either

verbal or physical. Verbal harassment includes sexual comments,

suggestions, jokes or innuendoes, leering, ogling, or obscene gestures.

Physical harassment includes deliberately touching another person in a

sexual manner, such as brushing against someone’s body, patting,

Squeezing or pinching as well as making sexual relations a condition for

hiring, advancement, retaining a position or other personnel action.

b. Because of the potential for sexual harassment charges by fellow

employees when a supervisor dates a subordinate, any dating or more

serious relationship of a supervisor and subordinate is strongly

discouraged.

READ, PASSED, APPROVED AND ENACTED at a duly called Tribal Council

meeting on this 6!” day of August, 2009 and shown by our signatures.

Rogelio Elizondo, Council Treasurer

OP

Ce Trevino, Council Member

avid J. Gonzalez, Council Member

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