§ 10-104. Employee rights protection.
A. Notwithstanding the provisions of any Osage Nation ethics code requiring Osage Nation employees to refrain from abusive conduct, personal charges, or verbal affronts upon the character, motives, or intents of other officials and Osage citizens, no policy or practice of the Osage Nation government shall:
1. Abridge or impair the right of employees of the Osage Nation to express their personal opinions; provided, that when called upon to do so an employee shall state explicitly that such information is not representative of the position of any administrative body;
2. Abridge or impair the right of an employee to freely express a political opinion; provided, that expression is made when not acting in their official capacity;
3. Limit in any way the right of association with any group or individual;
4. Limit the free expression of ideas and thoughts when not acting in their official capacity;
B. No policy or practice of Osage Nation government shall allow for the punishment, demotion, reprimand or any other retaliation against an employee for exercising the rights guaranteed by the Osage Nation Constitution and affirmed by this Act.
1. The prohibitions contained in this Act shall not be interpreted to absolve an employee of their duty to fulfill the responsibilities of their position, and to do so in a manner consistent with the goals and objectives set forth by their superiors.
2. The prohibitions contained in this Act shall not be interpreted to absolve an employee of their duty to protect confidential information and documents of the Osage Nation when entrusted with them in their capacity as an employee.
C. Due process in the Osage Nation courts shall be provided to any employee of the Osage Nation whose rights of free speech or association are abridged in violation of this Act. The Osage Nation courts are granted jurisdiction over employment actions involving freedom of speech and freedom of association after administrative remedies are exhausted.
D. Upon the effective date of this Act1, any policies of the Osage Nation government in conflict with the provisions of this Act are void and without force and effect.
1April 17, 2009.
ONCA 09-30, eff. Apr. 17, 2009.