TERO Ordinance

Title XIII Chapter 6. Voluntary Indian Preference

(CHAPTER AMENDED AS PER RESOLUTION NO. 231 5-87-2, DATED 02/25/87)

Sec. 601. Voluntary Indian Preference

(a) It is the policy of the Tribes that all employers on or near the Reservation, which are not covered entities are subject to Chapter 4 of this Title, should give preference to Indians resident on or near the Reservation in hiring and promotion of all employees;

(b) It is the policy of the Tribes that all entities engaged in activities on or near the Reservation, which would be subject to Chapter 5 of this Title if they were conducted on trust land, should give preference to firms certified under Chapter 5 in contracting and subcontracting.

(AMENDED AS PER RESOLUTION NO. 2315-87-2, DATED 02/25/87.)

 
Sec. 602. Employment.

(a) Prior to opening a new business or beginning a new project requiring the hiring of employees on or near the Reservation, the Tribes request that an employer notify TERO of its intentions. TERO shall ascertain how many employees the employer expects to hire and the relevant qualifications for each job category. Based on the availability of qualified Indians, TERO shall determine how many Indians should be hired, and when, for each employer to honor the voluntary Indian employment preference policy of Section 601(a);

(b) TERO shall monitor all employers on or near the Reservation to determine whether the policy of Section 601(a) is being honored. Following appropriate consultation and investigation TERO shall issue certificates of compliance to employers honoring the employment preference policy, and certificates of non-compliance to employers not honoring the policy. Employers without good cause refusing TERO access to information necessary to make such a determination shall be issued a certificate of non-compliance;

(c) Upon request, TERO shall provide any employer on or near the Reservation with a list of those Indians in its index who meet the qualifications specified by the employer, or will refer a specified number of such Indians to the employer.

 

Sec. 603. Oil and gas subcontracting.

(a) Prior to beginning a new project on or near the Reservation, the Tribes request that an entity engaged in activity subject to 601(b) notify TERO of its intentions. TERO shall consult with all such entities to assist in carrying out the contracting and subcontracting preference policy of Section 601(b). For each such entity, TERO shall ascertain what contracts and subcontracts the entity expect to let. Based on the availability of certified firms, TERO shall determine how many certified firms should be utilized for the entity to honor the voluntary policy;

(b) TERO shall monitor all entities engaged in activity subject to 601(b) to determine whether the policy of Section 601(b) is being honored. Following appropriate consultation and investigation, TERO shall issue certificates of compliance to entities honoring the policy and certification of noncompliance to entities not honoring the policy. Entities without good cause refusing TERO access to information necessary to make such determination shall be issued a certificate of non-compliance;(c) Upon request, TERO shall provide any entity engaged in activity subject to 601(b) with copies of the list of certified entities maintained pursuant to Section 517.

(AMENDED AS PER RESOLUTION NO. 2315-87- 2, DATED 02/25/87.)

 

Sec. 604. Reporting.

The first week of each month, TERO shall report the names of employers and entities it has found honoring and not honoring the policy of this Chapter to the Executive Board.

 

Sec. 605. Preference for contracts with the Tribes and tribal corporations.

The Tribes, and all tribally owned corporations, shall give a preference to employers and entities which comply with the policy set forth in this Chapter in the awarding of contracts and in all other business transactions.

 

Sec. 606. Publicity.

(a) With the approval of the Executive Board, TERO may publicize in newspapers or otherwise, the names of employers or entities in compliance with, and the names of employers or entities not in compliance with, the Tribes’ Indian preference policy;

(b) A least ten (10) days prior to the publication of the name of any employer or entity that employer or entity shall be notified that it will be named, and in which category. If an entity believes a mistake has been made, it may so advise TERO and seek a change.

 

Sec. 607. Review of TERO’s actions.

Any person aggrieved by an action of TERO, its Director, or employees under this Chapter shall have a right to appeal the action to the Review Board in accordance with Chapter 3. The challenged action shall be upheld unless the person aggrieved can show that the action was arbitrary, capricious, beyond the authority of TERO as set forth in this Chapter, or in violation of federal or tribal law. The Executive Board and its Chairman, TERO, and its Director and employees shall not be liable for monetary damages for actions taken in good faith under this Chapter by TERO, its Director, or employees.