A code of conduct is an important element of good governance because it acts as a guideline for ethical decision making. It also encourages positive working relationships and acts as a reference for solving ethical issues in the workplace.
The code of conduct applies to Council, officers, employees, committee members, contractors, and agents of the First Nation and must be included in employee contracts, contracts for service, and when approving someone as an agent or to serve on the Finance and Audit Committee.
Council must create a policy that states all persons that the code of conduct applies to must sign a statement every year saying that they understand and agree to it.
This policy must require that all conflict of interest be reviewed once a year.
Under the FAL, the code of conduct must state that those persons making financial decisions for the First Nation have to:
- act honestly, in good faith, and in the best interest of the First Nation
- use the necessary care, caution, and skill that would be used in similar situations
- follow the standards set by the FAL, other laws of the First Nation and the First Nations Fiscal Management Act
- follow all policies, procedures, and directions of Council
- avoid conflicts of interest. If a conflict of interest comes up, the policies and procedures set by Council must set out the steps to avoid and manage the conflict
Council must also provide for code of conduct training program for all those that it applies to.