04/16/2025
News Flash...
Tribal Chairman Louis Taylor is calling for a quick 24-hour noticed tribal governing board meeting tomorrow at 3:30 pm with only one item on the agenda… the Code of Conduct. Yes, the same code that made the news yesterday as I published the complaint filed by Adam DeNasha alleging the chairman violated the LCO Tribal Government Code of Conduct when he did the land deal across from the casino.
As I had written in the article yesterday, the TGB suspended that Tribal Government Code of Conduct when Adam DeNasha submitted his complaint, which also suspended the TGB action to respond to the complaint.
Tomorrow at 3:30 pm, the TGB plans to take up the newly amended Code of Conduct with an amendment that would basically make tribal governing board members immune from any disciplinary action for their conduct while they are elected officials.
The Code of Conduct was previously suspended on August 21, 2023, for six months, and then suspended again on Feb. 20, 2024, and then totally repealed on April 15, 2024.
Now it’s been a year, and they are set to reintroduce the newly amended Code with the following addition:
MCC.1.1.060 Limited Waiver of Individual Immunity of Elected Officials
The absolute immunity of individual Elected Officials alleged to have violated this Ordinance is only waived to the limited extent that the Tribe acting by a consensus of the Tribal Governing Board can pursue action for sanctions or penalties in connection with, or as a result of, allegations of unethical or improper conduct as established in this Ordinance, whether sustained by the Tribal Governing Board or not. This provision in no way waives the sovereign immunity of the Tribe or of its Elected Officials, whether in their official or individual capacity to any third party, other than to the tribal government acting through a consensus of the Tribal Governing Board pursuant to the powers granted by the Constitution, this limited waiver shall not be subject to judicial review, and shall be dismissed as a matter of law if filed for judicial review.
Questions…
Does this mean that no tribal member will be able to bring a lawsuit against any tribal governing board member?
In the Tribal Constitution, it states that tribal governing board members can’t use tribal resources for personal gain, but does this amendment mean if they do, they can’t be disciplined for their actions because they are Elected Officials?
Does this mean that, for example, an Elected Official could embezzle from one of our entities, they couldn’t be disciplined for their actions?
Does this mean that in their individual capacity, yet capacity as Elected Officials, they could sexually harass tribal members or employees, and nothing could be done about it?
This should raise a lot of eyebrows. Why the sudden need to pass this Ordinance?
This newly amended Code is not supported by all the Tribal Governing Board.
Here is a link to the story from yesterday about the Code of Conduct Complaint against the Tribal Chairman.
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