5-17-004 How to Obtain a No-Contact Order
(1) Initiation of No-Contact Order.
(a) A Tribal employee may obtain a no-contact order by contacting the COO.
(b) The COO may initiate a no-contact order independently of a Tribal employee raising prohibited conduct.
(2) Imposition of No-Contact Order.
(a) Upon initiation of a no-contact order, the COO will review the allegations and any supporting information and may issue a no-contact order if there is reason to believe the order will be in the best interest of all parties and the Samish Indian Nation, including its Tribal Administration.
(b) A no-contact order may be imposed during the course of investigating allegations of conduct prohibited under this policy.
(c) When the COO determines that a no-contact order is an appropriate measure, the COO will prepare a no-contact order letter and will mail a copy via certified mail to the respondent and to all covered persons under the order.
(d) Upon imposition of a no-contact order, any contact by the respondent with covered persons under the order will be a violation and may result in penalties under this policy.
(3) No-Contact Order Letter Content. No-contact order letters, including letters extending or making permanent a no-contact order under STP 5-17-006, shall include the following information:
(a) The reason the no-contact order was issued;
(b) An explanation of the no-contact order limitations, including the types of prohibited communication;
(c) The expiration date of the no-contact order;
(d) The process for reporting violations;
(e) The potential consequences for violating the no-contact order;
(f) Identification of additional resources, such as local police or other outside organizations to help the covered person(s); and
(g) The opportunity to appeal the no-contact order to the Tribal Court.
(4) Receipt of Tribal Benefits While A No-Contact Order Is in Effect.
(a) A respondent may continue to receive Tribal benefits while a no-contact order is in effect.
(b) The respondent may communicate directly with the Chief Operating Officer regarding Tribal benefits while a no-contact order is in place. The respondent may not have contact with any other Tribal employee while a no-contact order is in place, including contact about respondent’s Tribal benefits. [Res. 2021-12-030 § 4, 2021.]