# JANUARY 2009 CROW TRIBAL LEGISLATURE

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A8e49230f9d1ac75c

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

JANUARY 2009 CROW TRIBAL LEGISLATURE
BILL NO. CLB09- 01
INTRODUCED BY CARL E. VENNE, CHAIRMAN
CROW TRIBAL EXECUTIVE BRANCH
A BILL FOR AN ACT ENTITLED:
"AN ACT TO ESTABLISH A CROW NATION WORKFORCE PROTECTION ACT"

WHEREAS, the Crow Nation has the inherent sovereign right to promote, regulate and
enforce employment laws for the benefit of its members and all. employees with tribal
jurisdiction; and
WHEREAS, increased employment and training opportunities for members of the Crow
Nation will improve economic conditions on the Crow Reservation and advance important self­
governance interests; and
WHEREAS, the Crow Nation has an interest in prohibiting discrimination in
employment, prote,::f".'\';;'i;:~}jt;,),,',."."

Deny such party the right to commence business on the Reservation;
Suspend such party's business activity within the Reservation;
Tenninate such party's business activity within the Reservation;
Deny the right of such party to conduct any further business within the
Reservation;
Impose a civil fine on such party;
Order such party to make payment of back payor other damages to any
aggrieved party;
Order such party to dismiss any employees hired in violation of the Tribe's
employment rights requirements;
Order the Tribal Treasurer to reimburse any.part}Lwho improperly paid a TERO
fee or overpaid said fee, but no interest shall he, paid in such cases; and!or
Order the party to take such other action as is necessary to ensure compliance
with this Act or to remedy any hann caused by a violation of this Act, consistent
with the requirements of the laws of the Tribe and the Indian Civil Rights Act,
25 U.S.C. 1301 et seq.

The Commission's decision shall be in writing, shall be served on the charged party by
registered mail or in person by an employee of the TERO, no later than thirty days after
the close of the hearing, or within ten (10) days after the Commission's decision to
impose sanctions where a party has not requested a hearing. Where the party's failure to
comply immediately with the Commission's orders may cause irreparable harm, the
TERO Director may move the Tribal Court, and the Court shall grant, such injunctive
relief as is necessary to preserve the rights of the beneficiaries of this Act, pending the
party's appeal or expiration of the time for appeal.

Part 4. Appeals
17.13.4.1

Appeals.

A.

An appeal to the Tribal Court may be taken from any fmal order of the Commission by
any party adversely affected thereby, including a complainant. The appeal must be filed
in the Crow Tribal Court, with a copy to the TERO Director and any other party to the
proceeding, no later than 20 days after the party receives a copy of the Commission's
decision.

B.

The notice of appeal shall:
1.
2.
3.
4.

Set forth the order from which appeal is taken.
Specify the grounds upon which reversal or modification of the order is sought.
Be signed by the appellant or his legal representative.
Comply with any other requirements for actions filed in the Crow Tribal Court,
as established by that court.

C.

Except as provided elsewhere in this Chapter, the order of the Commission shall be
stayed pending the determination of the Tribal Court. The TERO Director may petition,
and for good cause shown, the Court may order the party filing the appeal to post a bond
sufficient to cover monetary damages that the Commission assessed against the party or
to assure the party's compliance with other sanctions or remedial actions imposed by the
Commission's order if that order is upheld by the court.

D.

If a complainant files an appeal of a decision by the Commission, the Commission may
choose not to be a party to the appeal. If the Commission chooses not to be a party in
such a situation, the TERO Director shall so notify the court and the other parties.

E.

The Tribal Court shall uphold the decision of the Commission unless it is demonstrated
that the decision of the Commission was arbitrary, capricious or in excess of the authority
of the Commission.

F.

If, by the 20th day after t1}e..P¥t-y's receipt of either:
( lkP1fil

1.

Notice of a decision by the Commission from which no appeal to the Tribal
Court is taken, or

2.

Notice of a fmal decision of the Tribal Court upholding the Commission's
decision from which no appeal to the Tribal Appellate Court is taken,

And the party has failed to come into compliance with the decision of the Commission or
court, the TERO Director shall petition the court and the court shall grant such orders as
are necessary and appropriate to enforce the orders of the Commission or court and the
sanctions imposed by them, including confiscation and sale as provided for in Section
17.13.5.1.
G.

If the order of the Commission is reversed or modified, the court shall by its mandate
specifically direct the Commission as to further action the Commission shall take in the
matter, including making and entering any order or orders in connection therewith, and
the limitations, or conditions to be contained therein.

H.

For a claim on which an individual proves a violation of the WPA, the Tribal Court may
grant attorney's fees and costs attributable to the pursuit of the claim.

January 2009 Session
Workforce Protection Act
Page 29 of32

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Part 5. Confiscation, Sale, and Other Enforcement Mechanisms
17.13.5.1

Confiscation and Sale.
If a party has failed to pay monetary damages imposed on it or otherwise failed to comply with an
order of the Commission or the court, and the TERO Director believes there is a likelihood the
party will remove itself and its property from the jurisdiction of the Tribe, the TERO Director may
petition the Tribal Court to order the Tribe's police to confiscate, and hold for sale, such property
of the party as is necessary to ensure payment of said monetary damage order or to otherwise
achieve compliance with the order of the Commission or the court. Said petition shall be
accompanied by a list of property belonging to the party which the TERO Director has reason to
believe is within the jurisdiction of the court, the value of which approximates the amount of
monetary damages at issue. If the court fmds the petition to be valid, it shall order the Tribe's
police to confiscate and hold said property or as much as is available. The Tribe's police shall
deliver in person or by certified mail, a notice to the party informing it of the confiscation and of
its right to redeem said property by coming into compliance with the order outstanding against it.
If 30 days after confiscation the party has not come into compliance, the court shall order the
police to sell said property and use the proceeds to pay any outstanding monetary damages
imposed by the Commission or court and all costs incurred by the court and police in the
confiscation and sale. Any proceeds remaining shall be returned to the party.

17.13.5.2

Other Enforcement Mechanisms.
A.

If at any stage in the enforcement process, the TERO Director has reason to believe there
is a danger that a party will remove itself or its property from the jurisdiction of the
Tribal Court, such that the Commission or the Court will not be able to collect monetary
damages or TERO fees that are (1) owed by that party pursuant to any outstanding order
of the Commission or court, or (2) which may be owed if the charges set out in any
outstanding notice of violations are upheld, the TERO Director may, in his discretion,
require the party to post a bond with the Commission in an amount sufficient to cover
possible monetary damages that may be or have been assessed against the party. If the
".",party fails or refuses to post said bond, the TERO Director may petition the Tribal Court
i.', ·fum such interim and injunctive relief as is appropriate to protect the rights of the TERO
and other parties during the pendency of the complaint and hearing proceedings.

B. If the TERO Director believes that irreparable loss of employment, contracting, or
subcontracting opportunities will occur pending a hearing requested by a party, pending a
session of the Commission where a party has failed to request a hearing, pending action by the
Tribal Court, or at any other stage of the process provided for in this Chapter, the TERO
Director may petition the Tribal Court to temporarily enjoin such actions of the party as may
be necessary to prevent the irreparable loss. Upon a showing by the TERO Director of
probable cause of success on the merits and irreparable it1jury, the court shall grant the
requested injunction for such period as may be necessary to prevent the irreparable loss.

January 2009 Session
Workforce Protection Act
Page 30 of32

C.

When irreparable hann will occur before a matter can be brought before the Tribal Court,
the Commission is authorized to issue such cease. and desist or related orders as may be
necessary to enforce the requirements of this Act. The Tribe's police are hereby
expressly authorized and directed to enforce such cease and desist or related orders as
may from time to time be properly issued by the Commission. Such orders do not require
a judicial decree or order to render them enforceable. The police shall not be civilly
liable for enforcing such orders so long as the order is signed by the Chairman of the
Commission as a duly authorized order of the Commission. The Commission shall seek
a court order as quickly as possible. The Court may dissolve the cease and desist order or
may order such injunctive or other relief to replace the cease and desist order as it deems
appropriate.

D.

In addition to the procedures and remedies provided for in this Act, the TERO Director is
authorized to petition the Tribal Court under any other appropriate provision of the Crow
Law & Order Code as is necessary to effect implementation of and compliance with this
Act.

Part 6. Monitoring and Coordination with other Tribal, State, and Federal Laws
17.13.6.1

If, when carrying out inspections at work sites or otherwise carrying out their responsibilities
under this Act, the TERO Director or TERO compliance officers have reason to believe that a
requirement of a Tribal, Federal, state or local law, act or regulation, other than the ones included
in this Act, may have been violated by a party, the TERO Director is authorized to document such
possible violation, to report it to the appropriate enforcement agency, 'and, to the extent that
resources permit and the TERO Director determines it to be appropriate, assist that agency to
investigate and cure the possible violation.

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tom

January 2009 Session
Workforce Protection Act
Page 31 of32

LEGISLATIVE BRANCH OF THE
CROW TRIBAL GOVERNMENT
P.O. Box 309 - MAKAWASHA Avenue
Crow Agency, Montana 59022
Fax: (406) 638-2030
Phone: (406) 638-2023/2025/2238
crow Countty

Legislative Branch
Ea9J:.:

OFFICIAL CERTIFICATE OF DELIVERY

ArrowCree!1 ~

2009 @

}l,f5b a.~

Mighty Few

~~!laMt

Beverly M. Shane

Secretary of the House
Jonathan D. Stone
Dana Wilson

Secretary of the House
Legislative Branch of the
Crow Tribal Government

Jackie Blacksmith,
Administrative Officer
William Old Crow
Finance Officer/Admin.
Assist.

SEAL

Sheri Chandler
Office Assist.lReceptionist
Sheila Wilkinson
Legal Assistant
Kenny Pretty On Top
Maintenance/Custodian
Sergeant at Arms
Ronald Arneson, Esq.,
Attorney At Law

Cc: file

LEGISLATIVE BRANCH OF THE
CROW -rRIBAL GOVERNMENT
P.O. Box 309 - MAKAWASHA Avenue
Crow Agency, Montana 59022
Fax: (406) 638-2030
Phone: (406) 638-2023/2025/2238
Crow Country

Legislative Branch
Pryor:
Arrow Creek
Larry Plain Bull, Sr.
Oliver Costa
Carlson Goes Ahead
Big Horn:
Valley of the Give

OFFICIAL CERTIFICATE OF DELIVERY
I, Beverly M. Shane, Secretary of the Legislative Branch of the Crow Tribal
Government hereby this Transitional Action do deliver a True and Correct Official copy
Of the Final Approval for the following Bill:

~
Vincent Crooked Arm
Marlin D. Not Afraid
Pat Alden, Jr.

INTRODUCED BY CARL E. VENNE, CHAIRMAN
CROW TRIBAL EXECUTIVE BRANCH

Dunmore:
Black Lodge
Bruce R. House
Ertis Fighter, Sr.
Conrad J. Stewart
Reno:
Center Lodge
Lloyd Hogan, Jr.
Sidney Fitzpatrick, Jr.
Oliver Half, Jr.
Lodge Grass:
Vallev of the Chief
Manuel Covers Up, Sr.
Speaker of the House
Rudolph K.. Old Crow
Woodrow Plainfeather
~:

"A BILL FOR AN ACT ENTITLED:
"AN ACT TO ESTABLISH A CROW NATION WORKFORCE
PROTECTION ACT"

c::J;u:k U/~
Cc2tiLic2lerK
.

No. CLB09-01 to

in the

Position of:

for the

Crow Tribal Judicial Branch.
Done and dated this

Mighty Few
Beverly M. Shane
Secretary of the House
Jonathan D. Stone
Dana Wilson

_2~·_day o~'122~2009@ I '6~ a.m.~

Jackie Blacksmith,
Administrative Officer
William Old Crow
Finance Officer/Admin.
Assist.
Sheri Chandler
Office Assist.lReceptionist

Served by:

. 2·~(\~
. '

'~ j dc~~

Sheila Wilkinson
Legal Assistant
Kenny Pretty On Top
Maintenance/Custodian
Sergeant at Arms
Ronald Arneson, Esq.,
Attorney At Law

Cc: file.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A8e49230f9d1ac75c. Public record. Not legal advice.