Ethical Conduct By-law

MOHAWK COURT OF AKWESASNE 

ETHICAL CONDUCT LAW PROCEDURAL REGULATIONS

MCA 19 9 7/9 8 - 172

 

l. Persons wishing to file a complaint against a member of Council for alleged violations of the Ethical Conduct Law shall do so in accordance with the following procedures.

2. The complaint shall be in writing and shall include the followmg;

(a) the name of the member of Council against whom the complaint is brought;

(b) a concise statement of the facts upon which the complaint is based;

(c) the date the written complaint is presented.

(d) the name, address and telephone number of the complainant

3. The written complaint shall be filed with the Akwesasne Mohawk Justice Department.

4. The complaint shall be investigated by an independent Prosecutor selected by the Akwesasne Justice Department to determine whether the complaint falls within the provisions of the Ethical Conduct Law.

5. Where the Prosecutor determines the complaint falls within the provisions of the Ethical Conduct Law, an information and NOTICE TO APPEAR in the Mohawk Court shall be prepared and shall be served on the member of Council by the Akwesasne Mohawk Police.

6. Any prosecution under the Ethical Conduct Law shall be carried out by the independent Prosecutor who investigated the compliant. If for any reason this person is not available, another independent Prosecutor shall be selected to carry out the Prosecution.

7. Where the Prosecutor determines that the complaint does not fall within the provisions of the Ethical Conduct Law, a letter shall be sent by the Prosecutor to the complainant explaining the basis for not proceeding to prosecute under the Ethical Conduct Law. · ·

8. Where the complainant or the member of Council charged or the Judge of the Akwesasne Mohawk Court believe it to be inappropriate for an Akwesasne Mohawk Court Judge to hear the case, a Judge from the Mohawk Court of Kahnawake may be brought in to hear the case.

9. Where no Judge of the Mohawk Court of Kalmawake is available, the Akwesasne Justice Department may seek an Aboriginal Judge/Justice of the Peace, to hear the case.