5-04-009 Confidentiality

(1) Prohibition on Disclosure. Tribal employees are prohibited from disclosing confidential information obtained in the course of their employment to any other person, including other Tribal employees or Tribal officials, except for official business purposes or pursuant to court order of a court of competent jurisdiction. An employee shall obtain the approval of the appropriate Chief Executive Team member in any other instance before releasing such information. No information, which is part of the public record of the Tribe, shall be considered confidential or privileged. Former employees must maintain confidences and secrets obtained during the course of employment with the Tribe.

(2) Confidential Information. The following information shall be considered confidential and shall not be disclosed except as set forth in subsection (1) of this section:

(a) Discussion of materials or information from an executive or closed session of the Tribal Council, unless the Tribal Council specifically authorizes the disclosure of such discussion or materials or information.

(b) Tribal citizen or client information of a personal nature, such as personal or household income, health, academic records, paternity, arrest records, and court proceedings except to the extent that such information is necessary to determine eligibility for Tribal services or to provide services to an individual member or family. Use of such information for statistical purposes, where the identity of an individual will not be released, is not prohibited.

(c) Employee information of a personal nature, such as personal or household income, health, academic records, previous criminal history, disciplinary actions, and performance evaluations.

(d) Tribal personnel reports provided to the Tribal Council by the appropriate Chief Executive Team member or the Senior Human Resources Officer.

(e) Enrollment records, including enrollment information and enrollment applications. The confidential nature of enrollment information shall be protected to the maximum extent possible even where disclosed for appropriate reasons to appropriate persons and employees. A person’s name and enrollment number shall not be considered confidential information.

(f) Tribal mailing lists except to the extent such information is necessary for Tribal business.

(g) Any information or data covered by the Health Insurance Portability and Accountability Act of 1996 and any amendments thereof.

(h) Any other information, which the Tribal Council specifically directs, will be kept confidential.

(3) Release of Confidential Information. Tribal employees shall have the right to see his or her own confidential information. Tribal employees shall have the right to see their personnel file. Tribal employee shall consent in writing before the release of his or her confidential information or a portion thereof. Such consent shall be kept in the employee’s file containing the confidential information that may be released. A court of competent jurisdiction may order the release of confidential information.

(4) Employment Verifications and References. Only the following information will be provided to outside parties in regard to employment history:

(a) Job title;

(b) Dates of employment; and