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Law and Order Code
Pueblo of Isleta
Updated for Publication
January 3, 2025
Page 1 of 310
TABLE OF CONTENTS
COMPILER’S NOTES
TITLE 01 – ISLETA JUDICIARY AND CIVIL ACTIONS
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01-01 – RETAINED SECTIONS OF 1965 LAW AND ORDER CODE
01-01-17.
Law Applicable to Civil Actions
01-01-18.
Judgments in Civil Actions
01-01-19.
Costs in Civil Actions
01-01-20.
Determination of Paternity and Support
01-01-21.
Determination of Heirs
01-01-22.
Approval of Wills
01-01-70.
Statute of Limitations – Criminal
01-01-71.
Statute of Limitations – Civil
01-02 – PERSONAL INJURY ACTIONS
01-02-01.
Applicability
01-02-02.
Collateral Source Benefits
01-02-03.
Contributory Negligence
01-02-04.
Jury Trial
TITLE 02 – PUEBLO OF ISLETA GOVERNMENT
02-01 – PUEBLO OF ISLETA GOVERNMENTAL CLAIMS ACT
02-01-01.
Short title
02-01-02.
Definitions
02-01-03.
General Principles of Sovereign Immunity
02-01-04.
Authorizing Exceptions to Sovereign Immunity
02-01-05.
Procedure for Actions Authorized by this Act
02-02 – RESERVED
02-03 – RESERVED
02-04 – FAIR LABOR STANDARDS ORDINANCE
02-04-01.
Short Title
02-04-02.
Findings & Purpose
02-04-03.
Definitions
02-04-04.
Minimum Wage
02-04-05.
Maximum Hours
02-04-06.
Exemptions
02-04-07.
Enforcement; statements of compensation due; statute of limitations
02-04-08.
Fair Labor Standards Act
02-04-09.
Sovereign Immunity
Page 2 of 310
02-04-10.
Severability
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02-05 – FAMILY AND MEDICAL LEAVE ORDINANCE
02-05-01.
Short Title
02-05-02.
Findings & Purpose
02-05-03.
Definitions
02-05-04.
Entitlement to leave
02-05-05.
Certification
02-05-06.
Employment and benefits protection
02-05-07.
Enforcement; statements of noncompliance; statute of limitations
02-05-08.
Sovereign Immunity
02-05-09.
Severability
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02-06 – LABOR RELATIONS ORDINANCE
02-06-01.
Short Title
02-06-02.
Findings & Purpose
02-06-03.
Definitions
02-06-04.
Employee rights
02-06-05.
Management rights
02-06-06.
Right to work
02-06-07.
No right to strike
02-06-08.
Unfair labor practices
02-06-09.
Prevention of unfair labor practices
02-06-10.
Licensing and registration of labor organizations
02-06-11.
Bargaining impasses
02-06-12.
Certification of exclusive bargaining representative.
02-06-13.
Decertification
02-06-14.
Rules and regulations
02-06-15.
Severability
02-06-16.
Sovereign Immunity
02-07 – RESERVED – EMPLOYEE GRIEVANCE
TITLE 03 – ELECTIONS
03-01 – GENERAL PROVISIONS
03-01-01.
Short Title
03-01-02.
Definitions
03-01-03.
General Applicability
03-01-04.
Notice Requirements
03-01-05.
Ballot Requirements
03-01-06.
Electronic Voting System
03-01-07.
Leave Provided to Vote
03-01-08.
Banished Tribal Members
03-02 – ELECTIONS OFFICER AND ELECTIONS BOARD
Page 3 of 310
03-02-01.
03-02-02.
03-02-03.
03-02-04.
03-02-05.
03-02-06.
Tribal Council Secretary as Chief Elections Officer; Powers and Duties
Elections Board; Purpose
Elections Board; Membership Criteria; Term
Elections Board; Powers and Duties; Meetings
Elections Board; Compensation
Elections Board; Vacancy
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03-03 – CANDIDATES
03-03-01.
Declaration of Candidacy
03-03-02.
Candidate Drug Testing – Voluntary Disclosure Repealed
03-03-03.
Mandated Candidate Disclosure – Conflict of Interest
03-03-04.
Leave Not Required for Pueblo Employees Running for Office
03-03-05.
Candidate Eligibility
03-03-06.
Candidate Withdrawal or Death
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03-04 – EARLY VOTING
03-04-01.
Early Voting
03-05 – POLLING PLACES – CONDUCT, SUPERVISION, AND ACCESSIBILITY
03-05-01.
Hours of Operation
03-05-02.
Maintenance of Order
03-05-03.
Access for Voters with Disabilities
03-05-04.
Poll Watchers
03-06 – COUNTING AND TALLYING
03-06-01.
Initial Counting and Tallying
03-06-02.
Recount Method
03-07 – VOTER REGISTRATION AND CANDIDATE NOMINATIONS
03-07-01.
Voter Registration Co-Occurs with Candidate Nomination; Location; Date
03-07-02.
Voter Registration
03-07-03.
Procedure at Voter Registration and Candidate Nomination Event
03-07-04.
Nomination Results Notice – Certified by Secretary
03-08 – CONDUCTING SPECIAL AND GENERAL ELECTIONS
03-08-01.
Election Date
03-08-02.
Elections Procedures
03-08-03.
Election Results – Notice Certified by Secretary
03-08-04.
Tie Vote
03-09 – RECALL ELECTIONS
03-09-01.
When Conducted
03-09-02.
Procedure, Election Dates, Voter Participation Thresholds
03-09-03.
Voting in Recall Election
03-09-04.
Recall Results Notice – Certified by Secretary
Page 4 of 310
03-10 – CHALLENGES; RESOLUTION OF ELECTION CONTROVERSIES AND
DISPUTES
03-10-01.
Standing
03-10-02.
Challenge Procedures
03-11 – VOTER RECORDS SYSTEM
03-11-01.
Confidentiality of Ballots
03-11-02.
Records Management and Integrity
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TITLE 04 – TAXATION
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04-01 – PUEBLO OF ISLETA ENTERPRISE SALES TAX
04-01-01.
Short Title
04-01-02.
Purpose
04-01-03.
Definitions
04-01-04.
Imposition of Tax
04-01-05.
Exemptions
04-01-06.
Determination of Exemption; Appeal
04-01-07.
Collection of the Enterprise Sales Tax
04-02 - PUEBLO OF ISLETA CIGARETTE TAX
04-02-01.
Short Title
04-02-02.
Purpose
04-02-03.
Applicability
04-02-04.
Definitions
04-02-05.
Cigarette Tax
04-02-06.
Reporting and Payment of Tax
04-02-07.
Retention of Invoices and Records
04-02-08.
Business Permit Requirements
04-02-09.
Prohibited Activities
04-02-10.
Audit Authority
04-02-11.
Civil Enforcement Authority
04-02-12.
Criminal Penalty
04-02-13.
Use of Funds
04-02-14.
Miscellaneous
04-03 – PUEBLO OF ISLETA LODGER’S TAX
04-03-01.
Short Title
04-03-02.
Purpose
04-03-03.
Definitions
04-03-04.
Notice and Registration
04-03-05.
Imposition of Tax
04-03-06.
Exemptions
04-03-07.
Determination of Exemption; Appeal
04-03-08.
Collection of the Lodger’s Tax
Page 5 of 310
Records of Host
04-04 – PUEBLO OF ISLETA GAS TAX
04-04-01.
Definitions
04-04-02.
Rate of Gasoline Tax
04-04-03.
Taxable Event
04-04-04.
Penalty for Late Payment
04-04-05.
Deductions
04-04-06.
Refund of Gasoline Tax
04-04-07.
Registration of Distributor
04-04-08.
Amendment
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04-03-09.
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04-05 - PUEBLO OF ISLETA INTERNET SALES TAX
04-05-01.
Short Title
04-05-02.
Purpose and Background
04-05-03.
Definitions
04-05-04.
Transactions Affected
04-05-05.
Jurisdiction not Altered
04-05-06.
Administrative Agency
04-05-07.
Tribal Tax
04-05-08.
Taxpayer Identification
04-05-09.
Taxpayer Returns and Reports of Receipts
04-05-10.
Imposition, Amount and Allocation of State Tax and Tribal Tax
04-05-11.
Levy and Collection of Delinquent Tax
04-05-12.
Confidentiality of Information
04-05-13.
Term
04-05-14.
Breach
04-05-15.
Termination
04-06 – PUEBLO OF ISLETA DESIGN/CONSTRUCTION TAX
04-06-01.
Short Title
04-06-02.
Purpose
04-06-03.
Definitions
04-06-04.
Imposition of Tax
04-06-05.
Exemptions
04-06-06.
Payment and Enforcement of Design and Construction Tax
04-06-07.
Use of Tax Proceeds
04-06-08.
Qualified Opportunity Zones
TITLE 05 – LAND USE AND LEASING
05-01 – RESERVED
05-02 – CIVIL TRESPASS
05-02-01 Trespass Against Pueblo of Isleta Land
05-03 – RESERVED
Page 6 of 310
05-04 – PUEBLO OF ISLETA BUSINESS PERMIT CODE
05-04-01.
Short Title
05-04-02.
General Provisions
05-04-03.
Activities Requiring Permit
05-04-04.
Permit Classes
05-04-05.
Permit Conditions
05-04-06.
Pemit Procedure – Application, Amendment, Renewal, Transfer/Conveyance
05-04-07.
Permit Denials, Revocations, Suspensions, and Special Conditions
05-04-08.
Audits, Enforcement, and Penalties
05-06 – RESERVED
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05-07 – PUEBLO OF ISLETA NUISANCE CODE
05-07-01.
General Provisions
05-07-02.
Civil Nuisances – Prohibited
05-07-03.
Exceptions
05-07-04.
Enforcement and Penalties
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05-05 – RESERVED FOR GRAZING PERMIT CODE
TITLES 06 THROUGH 09 – RESERVED
TITLE 10 – FISCAL AND CONTRACTING CODE
10-01 – GENERAL TERMS
10-01-01.
Short Title
10-01-02.
Purpose
10-01-03.
Treasurer Operations & Divisions
10-01-04.
Definitions
10-02 – PURCHASING
10-02-01.
General Provisions
10-02-02.
Procurement Methods
10-02-03.
Purchase Contracts
10-02-04.
Approved & Disapproved Vendor Lists – Maintenance, Revision, and Use
10-03 – BUDGET AND PURCHASE AUTHORITIES, VARIANCES AND
MODIFICATIONS, AND REVERSIONS
10-03-01.
Budget and Purchase Authorities
10-03-02.
Governor’s Emergency Spending and Administrative Oversight Authority; Tribal
Council’s Ultimate Decision-Making Authority
10-03-03.
Reversion
10-04 – CAPITAL EXPENDITURES, TRAVEL, LICENSURE, REIMBURSEMENTS,
SUBSCRIPTIONS, BLANKET PURCHASE ORDERS
10-04-01.
Capital Expenditures
Page 7 of 310
10-04-02.
10-04-03.
10-04-04.
10-04-05.
10-04-06.
Travel, Conferences, Licensure
Reimbursements
Subscriptions
Blanket Purchase Orders
Ratifications
10-06 – NON-PURCHASE CONTRACTS
10-06-01.
Non-Purchase Contracts
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10-07 – DISPOSAL, LIQUIDATION, SURPLUS
10-07-01.
General Terms
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10-05 – DEPARTMENT ACCOUNTABILITY
10-05-01.
Timelines
10-05-02.
Interdepartmental Support
10-05-03.
Purchase and Budget Reporting Obligations
TITLES 11 THROUGH 29 – RESERVED
TITLE 30 – PUBLIC SAFETY
30-01 – GENERAL PROVISIONS
30-01-01.
Title
30-01-02.
Authority
30-01-03.
Savings Clause
30-01-04.
Prior Inconsistent Laws Repealed
30-01-05.
Rules and Regulation
30-01-06.
Effective Date
30-01-07.
Budgeting of Funds; Allocation of Revenues
30-01-08.
Scope and Purpose
30-01-09.
Jurisdiction
30-01-10.
Classification of Misdemeanors
30-01-11.
Civil Actions against Non-Indians
30-01-12.
Disposition of Fines and Civil Penalties, Property Seizure, and Forfeiture
30-01-13.
Increased Penalty for Habitual Criminality
30-02 DEFENSES
30-02-01.
Intoxication
30-02-02.
Mistake
30-02-03.
Adequate Provocation
30-02-04.
Privilege
30-02-05.
Coercion
30-02-06.
Necessity
30-02-07.
Self Defense and Defense of Others
Page 8 of 310
30-03 INCHOATE CRIMES
30-03-01.
Attempt
30-03-02.
Conspiracy
30-03-03.
Solicitation
30-03-04.
Accomplice to a Crime
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30-04 CRIMES AGAINST BODILY SECURITY
30-04-01.
Intentional Homicide
30-04-02.
Reckless Homicide
30-04-03.
Assault
30-04-04.
Aggravated Assault
30-04-05.
Assault with Intent to Commit Rape
30-04-06.
Assault With Intent to Cause Serious physical Injury
30-04-07.
Assault With Intent to Kill
30-04-08.
Harassment
30-04-09.
Stalking
30-04-10.
Threatening or Intimidating
30-04-11.
Kidnapping
30-04-12.
Custodial Interference
30-04-13.
False Imprisonment
30-04-14.
Violation of an Injunction
30-04-15.
Battery
30-04-16.
Aggravated Battery
30-04-17.
Assault on a Police Officer
30-04-18.
Aggravated Assault on a Police Officer
30-04-19.
Battery on a Police Officer
30-04-20.
Aggravated Battery on a Police Officer
30-05 CRIMES AGAINST CHILDREN
30-05-01.
Abuse of a Child
30-05-02.
Obstruction of Investigation of Injuries to a Child
30-05-03.
Abandonment of a Child
30-05-04.
Failure to Support a Dependent
30-05-05.
Contributing to the Delinquency of a Minor
30-05-06.
Failure to Send a Child to School
30-05-07.
Enticement of a Child
30-05-08.
Molestation of a Child
30-05-09.
Sexual Conduct With a Minor
30-05-10. Public Sexual Indecency to a Minor
30-05-11.
Sexual Exploitation of a Child
30-05-12.
Commercial Sexual Exploitation of a Child
30-05-13.
Defenses to Sexual Contact With a Child
30-06 WEAPONS OFFENSES
30-06-01.
Carrying a Concealed Weapon
30-06-02.
Unlawful Possession of Deadly or Dangerous Weapon
Page 9 of 310
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30-07 NUISANCES
30-07-01.
Public Nuisance
30-07-02.
Polluting Water
30-07-03.
Littering
30-07-04
Abandonment of Dangerous Containers
30-07-05.
Abandonment of Hazardous Materials
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30-06-03.
Possession of Deadly or Dangerous Weapons on School Grounds or at
School Activities
30-06-04.
Possession of Deadly or Dangerous Weapons by Persons Convicted of Crimes of
Violence
30-06-05.
Negligent Use of Deadly Weapon
30-06-06.
Reckless Storage of a Firearm
30-06-07.
Drive By Shooting
30-06-08.
Misuse of Fireworks or Explosives
30-06-09.
Communicating a Bomb Scare
30-08 SEXUAL OFFENSES
30-08-01.
Prostitution
30-08-02.
Indecent Exposure
30-08-03.
Public Sexual Indecency
30-08-04.
Knowingly Transmitting a Contagious Disease
30-08-05.
Sexual Assault
30-08-06.
Sexual Assault of a Spouse
30-10 MARITAL AND FAMILIAL OFFENSES
30-10-01.
Bigamy
30-10-02.
Incest
30-10-03.
Domestic Violence
30-10-04.
Aggravated Assault Against a Household Member
30-10-05.
Battery Against a Household Member
30-10-06.
Elder Abuse
30-10-07.
Neglect of an Elder
30-10-08.
Financial Abuse of an Elder
30-10-09.
Assault on a Household Member
30-10-10.
Aggravated Battery on a Household Member
30-11 ABUSE OF PRIVACY
30-11-01.
Defamation
30-11-02.
Disturbance, Removal or Destruction of Antiquities
30-11-03.
Defacing Tombs, Burial Grounds
30-12 TRESPASS
30-12-01.
Criminal Trespass
30-12-02.
Tampering With No Trespass Sign
30-12-03.
Misusing Public Property
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Breaking and Entering
Criminal Damage to Property
Aggravated Criminal Damage to Property
Theft
Shoplifting
Fraud
Embezzlement
Extortion
Issuance of Bad Checks
Forgery
Receiving Stolen Property
Unlawful Disposal, Removal, or Concealment of Encumbered Property
Unlawful Disposal of Decedent’s Estate
Unlawful Burning
Arson
Burglary
Unauthorized Harboring of a Non-Tribal Member
Unauthorized Entry of Residency
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30-12-04.
30-12-05.
30-12-06.
30-12-07.
30-12-08.
30-12-09.
30-12-10.
30-12-11.
30-12-12.
30-12-13.
30-12-14.
30-12-15.
30-12-16.
30-12-17.
30-12-18.
30-12-19
30-12-20.
30-12-21.
30-13 ANIMALS
30-13-01.
Cruelty to Animals
30-13-02.
Negligent Control of a Vicious Animal
30-13-03.
Maintaining Prohibited Animals
30-14 LIVESTOCK
30-14-01.
Failure to Brand Livestock
30-14-02.
Brands; Recording: Evidence of Ownership
30-14-03.
Brands: Property Subject to Sale, Assignment, and Descent
30-14-04.
Using More than One Brand
30-14-05.
Brands of Minors: Responsibility of Parents or Guardians
30-14-06.
Bills of Sale: Necessity and Presumptions
30-14-07.
Bills of Sale: Requirements
30-14-08.
Failure to Exhibit Bill of Sale of Livestock
30-14-09.
Failure to Obtain a Permit to Import Animals
30-14-10.
Inspection of Brands and Earmarks of Exported Cattle
30-14-11.
Failure to Hold Export Cattle for Inspection
30-14-12.
Home Slaughter without Inspection
30-14-13.
Offenses by Inspector
30-14-14.
Unbranded Cattle
30-14-15.
Ownership: Possession
30-14-16.
Officers May Stop Vehicles: Failure to have Certificate: Arrest and Seizure
30-14-17.
Sale of Carcasses to Prevent Loss by Spoiling
30-14-18.
Return to Owner: Sale of Livestock or Carcasses: Disposition of Proceeds
30-14-19.
Definition of Carcasses
30-14-20.
Failure to Close Gate: Penalty
30-14-21.
Taking Up of Estray Animals
Page 11 of 310
30-14-22.
30-14-23.
30-14-24.
30-14-25.
30-14-26.
30-14-27.
Fence Breaking: Penalty
Earmarks: Recording
Unlawful Branding
Unlawful Disposition of Animal
Illegal Confinement of Animals
Unlawful Taking of Big Game Wildlife
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30-15 CRIMES AGAINST PUBLIC PEACE
30-15-01.
Disorderly Conduct
30-15-02.
Public Intoxication
30-15-03.
Allowing Loitering of Minors
30-15-04.
Serving Alcohol to Minors
30-15-05.
Use of Telephone to Intimidate, Threaten, Harass, or Offend
30-15-06.
Participating in or Assisting a Criminal Gang
30-15-07.
Joyriding
30-16 INTERFERENCE WITH LAW ENFORCEMENT
30-16-01.
Resisting, Evading, or Obstructing a Police Officer
30-16-02.
Impersonating a Tribal Official
30-16-03.
Harboring a Fugitive
30-16-04.
Escape
30-17 CRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION
30-17-01.
Demanding Illegal Fees
30-17-02.
Paying/Receiving Public Money For Services Not Rendered
30-17-03.
Unlawful Interest in a Public Contract
30-17-04.
Bribery
30-17-05.
Soliciting a Bribe
30-17-06.
Acceptance of Bribe by a Witness
30-17-07.
Bribery, Intimidation or Retaliation Against a Witness
30-17-08.
Perjury
30-17-09.
Malicious Prosecution
30-17-10.
Obstructing Judiciary Officers
30-18 TOXIC AND CONTROLLED SUBSTANCES
30-18-01.
Unlawful Inhalation of Toxic Vapors
30-18-02.
Possession of Controlled Substances
30-18-03.
Trafficking Controlled Substances or Toxic Substances
30-18-04.
Possession, Use or Trafficking of Controlled or Toxic Substances in Drug Free
Zones
30-18-05.
Possession of Drug Paraphernalia
30-18-06.
Trafficking of Toxic Substances to Minors
30-19 FRAUD AND INDIAN CRAFTS
30-19-01.
Indian Arts and Crafts
30-19-02.
Sale of Fraudulent Indian Arts and Crafts
Page 12 of 310
30-20 VICTIM’S RIGHTS ACT
30-20-01.
Victim’s Bill of Rights
30-21 DEFINITIONS FOR TITLE 30
30-21-01.
Scope
30-21-02.
Definitions
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30-22 EVALUATION, TREATMENT, AND COMMITMENT OF ADULTS WITH
MENTAL HEALTH DISORDERS; FIREARMS PROTECTION
30-22-01.
Involuntary Emergency Mental Health Evaluation, Detention, and Treatment
30-22-02.
Involuntary Mental Health Commitment of Adults for Thirty Days
30-22-03.
Extreme Risk Firearm Protection Act
30-22-04.
Definitions
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TITLE 31 – CHILDREN’S CODE
31-01 GENERAL PROVISIONS
31-01-01.
Purpose
31-01-02.
Definitions
31-01-03.
Establishment of the Children’s Court
31-01-04.
Jurisdiction
31-01-05.
Transfers from Other Courts
31-01-06.
Powers and Duties
31-01-07.
Basic Rights
31-01-08.
Rules of Procedure; Discovery, Motions
31-01-09.
Rules of Evidence
31-01-10.
Petition; Form and Content
31-01-11.
Petition; Who May Sign
31-01-12.
Summons; Issuance and Content; Service
31-01-13.
General Procedures: Computation of Time; Issuance of Orders
31-01-14.
Appeals
31-01-15.
Confidentiality
31-02 VOLUNTARY PLACEMENT AGREEMENT
31-02-01.
Purpose
31-02-02.
Process
31-02-03.
Request to Withdraw Voluntary Placement Agreement; Length of Placement
31-02-04.
Parental Rights
31-03 DELINQUENCY
31-03-01.
Short Title
31-03-02.
Purpose
31-03-03.
Definitions
31-03-04.
Rules of Procedure; Evidence
31-03-05.
Taking into Custody
Page 13 of 310
Initiation of Delinquency Proceedings
Detention Hearing Required on Detained Children; Probable Cause Determination
Least Restrictive Alternatives
Basic Rights
Diversion Options
Diversion Agreements
Time Waiver
Consent Decree
Time Limitations on Delinquency Adjudicatory Hearing
Conduct of Hearings; Findings; Dismissal; Dispositional Matters
Disposition Hearing; Delinquency
Disposition Orders; Delinquency Proceedings
Probation Revocation; Disposition
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31-03-06.
31-03-07.
31-03-08.
31-03-09.
31-03-10.
31-03-11.
31-03-12.
31-03-13.
31-03-14.
31-03-15.
31-03-16.
31-03-17.
31-03-18.
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31-04 ATTENDANCE FOR SUCCESS
31-04-01.
Short Title
31-04-02.
Purpose
31-04-03.
Definitions
31-04-04.
School Attendance
31-04-05.
Informal Truancy Proceedings
31-04-06.
Attendance Review Conference; Purpose and Conduct
31-04-07.
Truancy Petition
31-04-08.
Contents
31-04-09.
Initial Hearing
31-04-10.
Adjudication
31-04-11.
Disposition Hearing
31-04-12.
Disposition Orders; Modification or Extension
31-04-13.
Disposition Review Hearings
31-04-14.
Failure to Appear
31-04-15.
Duration and Termination
31-05 FAMILIES IN NEED OF COURT-ORDERED SERVICES
31-05-01.
Short Title; Purpose
31-05-02.
Definitions
31-05-03.
Petition; Endorsement of Petition
31-05-04.
Petition; Allegations
31-05-05.
Adjudicatory Hearing; Time Limitations
31-05-06.
Conduct of Hearings
31-05-07.
Findings; Dismissal; Dispositional Matters
31-05-08.
Plan for Family Services
31-05-09.
Dispositional Judgment
31-05-10.
Dispositional Judgments; Time Limitations; Modification, Termination or
Extension of Court Order
31-05-11.
Dispositional Review Hearing
31-06 CHILD ABUSE AND NEGLECT
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31-06-04.
31-06-05.
31-06-06.
31-06-07.
31-06-08.
31-06-09.
31-06-10.
31-06-11.
31-06-12.
31-06-13.
31-06-14.
31-06-15.
31-06-16.
31-06-17.
31-06-18.
31-06-19.
31-06-20.
31-06-21.
31-06-22.
31-06-23.
Short Title
Definitions
Duty to Report Child Abuse and Neglect; Responsibility to Investigate Child
Abuse or Neglect; Notification of Plan of Care
Investigations
Taking into Custody
Release or Delivery from Custody
Placement Preferences
Change in Placement
Use Immunity
Contempt Power
Petition; Form and Content
Ex-Parte Custody Orders
Summons; Content
Custody Hearings; Time Limitations; Notice; Probable Cause
Consent Decree; Purpose; Conference
Adjudicatory Hearings; Time Limitations
Parental Responsibility
Conduct of Hearings
Neglect or Abuse Predisposition Studies, Reports and Examinations
Dispositional Hearing
Appointment or Change of Educational Decision Maker
Dispositional Review Hearings
Limitations on Dispositional Judgments; Modification, Termination or Extension
of Court Orders
Pre-Permanency Planning
Permanency Hearings; Permanency Review Hearings
Permanent Guardianship of a Child
Permanent Guardianship; Procedure
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31-06-01.
31-06-02.
31-06-03.
31-06-24.
31-06-25.
31-06-26.
31-06-27.
31-07 SUSPENSION OR TERMINATION OF PARENTAL RIGHTS
31-07-01.
Purpose
31-07-02.
Definitions
31-07-03.
Rights of Parties
31-07-04.
Petition to Suspend or Terminate Parental Rights
31-07-05.
Notice of Hearing on Petition to Suspend or Terminate Parental Rights
31-07-06.
Hearing
31-07-07.
Findings
31-07-08.
Final Order for Suspension of Parental Rights
31-07-09.
Final Order for Termination of Parental Rights
31-08 CUSTOMARY ADOPTION
31-08-01.
Short Title
31-08-02.
Purpose
31-08-03.
Definitions
31-08-04.
Jurisdiction
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Adoption Preferences
Customary Adoption Proceedings
Investigative Report
Notice of Hearing on Petition for Customary Adoption
Hearing on Petition for Customary Adoption
Final Order for Customary Adoption
Certification of a Traditional Adoption
Enforcement
Appeals
Right of Access to Records
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31-08-05.
31-08-06.
31-08-07.
31-08-08.
31-08-09.
31-08-10.
31-08-11.
31-08-12.
31-08-13.
31-08-14.
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COMPILER’S NOTES:
This Revised Law and Order Code was adopted by action of the Pueblo of Isleta Tribal Council in
Resolution 2008-192, “Adopting Pueblo of Isleta Revised Law and Order Code and Rescinding
and Supplanting the 1965 Law and Order Code Except with Respect to Certain Specific
Provisions,” dated September 11, 2008. In accordance with the requirements in Article X, Section
2, of the Pueblo of Isleta Constitution, Titles 1 and 30 of the Revised Law and Order Code and
Resolution 2008-192 were timely submitted to the Secretary of the Interior for approval and, after
120 days and no notice of Secretarial approval or disapproval having been received, the Code was
deemed approved and effective as of January 10, 2009.
Pursuant to the Pueblo of Isleta Constitution Art. X, Code amendments adopted after April 6, 2016
do not require submission to the Secretary of Interior unless Secretarial review is explicitly
required by either the Pueblo of Isleta Constitution or by applicable federal law.
Tribal Council approved by Motion on September 20, 2017 amendments to the following sections:
• 30-04-03 Assault.
• 30-04-04 Aggravated Assault.
• 30-10-04 Aggravated Assault on a Household Member.
• 30-10-05 Battery on a Household Member.
and added the following sections:
• 30-04-15 Battery.
• 30-04-16 Aggravated Battery.
• 30-04-17 Assault on a Police Officer.
• 30-04-18 Aggravated Assault on a Police Officer.
• 30-04-19 Battery on a Police Officer.
• 30-04-20 Aggravated Battery on a Police Officer.
• 30-10-09 Assault on a Household Member.
• 30-10-10 Aggravated Battery on a Household Member.
Tribal Council adopted Resolution 2022-082 on August, 30, 2022, adding the following
provisions:
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• 30-22-01 Involuntary Emergency Mental Health Evaluation, Detention, and Treatment
• 30-22-02 Involuntary Mental Health Commitment of Adults for Thirty Days
• 30-22-03 Extreme Risk Firearm Protection Act
• 30-22-04 Definitions
and amending Sec. 30-06-02 for conformity with the new chapters.
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Tribal Council adopted Resolution 2023-045 on June 22, 2023 amending the following
provisions to legalize medical cannabis and on August 10, 2023 amending the following
provisions to set a maximum possession limit of medical cannabis.
• 30-18-02 Possession of Controlled Substances
• 30-18-03 Trafficking Controlled Substances or Toxic Substances
• 30-18-05 Possession of Drug Paraphernalia
• 30-21-02 Definitions
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Tribal Council adopted Resolution 2023-064 on August 22, 2023, adding the following
provisions:
• 01-02 Personal Injury Actions
• 02-01 Pueblo of Isleta Governmental Claims Act
and creating Title 2, titled “Pueblo of Isleta Government”
and retitling Title 1 to “Pueblo of Isleta Government;” 01-01 to “Retained Sections of 1965 Law
and Order Code”
Tribal Council adopted Resolution 2023-075 on September 26, 2023, adding the following
provision:
• 04-06 Pueblo of Isleta Design/Construction Tax, effective January 1, 2024,
and creating Title 4, titled “Taxation,”
and codifying and renumbering the following taxation laws previously adopted by Tribal
Council:
• Pueblo of Isleta Enterprise Sales Tax Ordinance, originally adopted by Tribal Council
through on April 15, 2008 and thereafter amended through Resolution No. 2010-111, and
now codified within 04-01
• Pueblo of Isleta Cigarette Tax Ordinance, originally adopted by Tribal Council on April
6, 2010 and thereafter amended on June 10, 2010 and July 13, 2011, and now codified
within 04-02;
• Pueblo of Isleta Lodger Tax Ordinance, originally adopted by Tribal Council through
Resolution 2008-120 on April 15, 2008, and now codified within 04-03;
• Pueblo of Isleta Gas Tax Ordinance, originally adopted by Tribal Council through
Resolution No. 99-01 on July 6, 1999 and thereafter amended through Resolution No.
2010-145 on December 30, 2010, and now codified within 04-04;
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•
Pueblo of Isleta Internet Tax Ordinance, originally adopted by Tribal Council through
Resolution 2022-026 and executed through cooperative agreement with the State of New
Mexico on April 6, 2022, and now codified within 04-05.
Tribal Council adopted Resolution No. 2023-076 on October 3, 2023, adding the following
provisions:
• 30-12-20 Unauthorized Harboring of a Non-Tribal Member
• 30-12-21 Unauthorized Entry or Residency
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Tribal Council adopted Resolution No. 2023-101 on December 12, 2023, amending and retitling
the following provisions in order to authorize civil enforcement actions as to non-Indians and to
authorize civil forfeiture:
• 30-01-09 Jurisdiction
• 30-01-10 Classification of Misdemeanors
• 30-01-11 Civil Actions against Non-Indians (retitled)
• 30-01-12 Disposition of Fines and Civil Penalties, Property Seizure, and Forfeiture
(retitled)
and retitling Title 30 to “Public Safety,”
and creating Title 5, titled “Land Use and Leasing,”
and adopting the following provision
• 05-02 – Civil Trespass
Tribal Council adopted Resolution No. 2024-001 on January 11, 2024, amending Sec. 04-06-05
by exempting the Isleta Public Housing Authority from the Pueblo of Isleta Design/Construction
Tax.
Tribal Council adopted Resolution No. 2024-030 on March 7, 2024, codifying and amending the
Pueblo of Isleta Fair Labor Standards Ordinance and codifying, renumbering, and striking all
references to “Employee Grievance Review Board” and replacing the same with “Governor” in
the following employment laws previously adopted by Tribal Council:
• Pueblo of Isleta Fair Labor Standards Ordinance originally adopted by Tribal Council
through Resolution No. 2016-376 on September 1, 2016, and now codified within chapter
02-04;
• Pueblo of Isleta Family and Medical Leave Ordinance, originally adopted by Tribal
Council through Resolution No. 2016-377 on April 6, 2010 and thereafter amended on
September 1, 2016, and now codified within chapter 02-05;
• Pueblo of Isleta Labor Relations Ordinance, originally adopted by Tribal Council through
Resolution 2016-375 on September 1, 2016, and now codified within chapter 02-06;
• Pueblo of Isleta Employee Grievance Policy, as amended by Tribal Council through
Resolution 2022-043 on May 4, 2022, and now reserved as chapter 02-07.
Tribal Council adopted Resolution No. 2024-097 on September 19, 2024, adopting the Elections
Code, by titling Title 03 – “Elections” and adding the following chapters:
• 03-01 – General Provisions
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03-02 – Elections Officer and Elections Board
03-03 – Candidates
03-04 – Early Voting
03-05 – Polling Places – Conduct, Supervision, and Accessibility
03-06 – Counting and Tallying
03-07 – Voter Registration and Candidate Nominations
03-08 – Conducting Special and General Elections
03-09 – Recall Elections
03-10 – Challenges; Resolution of Election Controversies and Disputes
03-11 Voter Records System
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•
•
•
•
•
•
•
•
•
•
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Tribal Council adopted Resolution No. 2024-099 on September 24, 2024, adopting the
Children’s Code, by titling Title 31 – “Children’s Code” and adding the following chapters:
• 31-01 – General Provisions
• 31-02 – Voluntary Placement Agreement
• 31-03 – Delinquency
• 31-04 – Attendance for Success
• 31-05 – Families in Need of Court-Ordered Services
• 31-06 – Child Abuse and Neglect
• 31-07 – Suspension or Termination of Parental Rights
• 31-08 – Customary Adoption
Tribal Council adopted Resolution No. 2024-030A on September 27, 2024, amending the Pueblo
of Isleta Fair Labor Standards Ordinance 02-04-02 and 02-04-04 to expand the definition of
public safety employee and set the base work period for Fire Department employees.
Tribal Council adopted Resolution No. 2024-116 on November 5, 2024, adopting the Pueblo of
Isleta Fiscal and Contracting Code as Title 10 of the Tribal Law and Order Code and adding the
following chapters:
• 10-01 – General
• 10-02 – Purchasing
• 10-03 – Budget and Purchase Authorities, Variances and Modifications, and Reversions
• 10-04 – Capital Expenditures, Travel, Licensure, Reimbursements, Subscriptions,
Blanket Purchase Orders
• 10-05 – Department Accountability
• 10-06 – Non-purchase Contracts
• 10-07 – Disposal, Liquidation, Surplus
Tribal Council adopted by motion on September 24, 2024 the Pueblo of Isleta Business Permit
Code with Corrections. The Business Permit Code has been codified in Title 5 – Land Use and
Leasing, Chapter 4, adding the following sections:
•
•
05-04-01.
05-04-02.
Short Title
General Provisions
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•
•
•
•
•
•
05-04-03.
Activities Requiring Permit
05-04-04.
Permit Classes
05-04-05.
Permit Conditions
05-04-06.
Pemit Procedure – Application, Amendment, Renewal,
Transfer/Conveyance
05-04-07.
Permit Denials, Revocations, Suspensions, and Special Conditions
05-04-08.
Audits, Enforcement, and Penalties
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Tribal Council adopted Resolution No. 2024-117 on November 5, 2024, adopting the Pueblo of
Isleta Nuisance Code into Chapter 7 of the Land Use and Leasing Code and adding the following
sections:
• 05-07-01.
General Provisions
• 05-07-02.
Civil Nuisances – Prohibited
• 05-07-03.
Exceptions
• 05-07-04.
Enforcement and Penalties
Tribal Council adopted Resolution No. 2024-088A on October 29, 2024, amending the Pueblo of
Isleta Gaming Ordinance, as approved by the National Indian Gaming Commission on
November 26, 2024. The Pueblo of Isleta Gaming Ordinance is adopted into Title 6 of the Tribal
Law and Order Code as follows:
• 06-01-01.
Purpose
• 06-01-02.
Permitted Activities; Scope of Gaming
• 06-01-03.
Ownership of Gaming
• 06-01-04.
Use of Gaming Revenue
• 06-01-05.
Audit
• 06-01-06.
Protection of the Environment and Public Health and Safety
• 06-01-07.
Licenses for Employees
• 06-01-08.
License Locations
• 06-01-09.
Repeal
• 06-01-10.
Saving
• 06-01-11.
Severability
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ISLETA LAW & ORDER CODE
TITLE 01
ISLETA JUDICIARY AND CIVIL ACTIONS
01-01
RETAINED SECTIONS OF 1965 LAW AND ORDER CODE
Law Applicable to Civil Actions
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01-01-17.
A.
In all civil cases, the Pueblo of Isleta Judiciary shall apply applicable Pueblo of Isleta
Ordinances or customs, unless prohibited by the laws of the United States, in which case such
laws shall apply.
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B.
Where any doubt arises as to the customs and usages or the Tribe, the Judiciary may
request the advice of counsellor familiar with these customs and usages.
C.
Any matters that are not covered by the ordinances and customs of the Pueblo of Isleta or
by the laws of the United States, shall be decided by the Pueblo of Isleta Judiciary according to
the laws of the State of New Mexico.
01-01-18.
Judgments in Civil Actions
A.
In all civil cases, judgment shall consist of any order of the Judiciary awarding money
damages to be paid to the injured party, or directing the surrender of certain property to the
injured party, or the performance of some other act for the benefit of the injured party.
B.
Where the injury inflicted was the result of carelessness of the defendant, the judgment
shall fairly compensate the injured party for the loss he has suffered.
C.
Where the injury was deliberately inflicted, the judgement may impose an additional
penalty upon the defendant, which additional penalty may run either in favor of the injured party
or in favor of the Tribe.
01-01-19.
Costs in Civil Actions
The Judiciary may assess the accruing costs of the case against the party or parties against who
judgment is given.
01-01-20.
Determination of Paternity and Support
The Pueblo of Isleta Judiciary shall have jurisdiction of all suits brought to determine the
paternity of a child and to obtain a judgment for the support of a child. A judgment of the
Judiciary establishing the identity of the father of the child shall be conclusive of the fact in all
subsequent determinations of inheritance by the Pueblo of Isleta Judiciary.
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See Ordinance on Paternity Determinations, enacted September 25, 2012 by Resolution 2012034A.
01-01-21.
Determination of Heirs
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A.
When any member of the Tribe does leaving property other than an allotment or other
trust property subject to the jurisdiction of the United States, any member claiming to be an heir
of the of the decedent may bring a suit in the Pueblo of Isleta Judiciary to have the Judiciary
determine the heirs of the decedent and to divide amount the heirs such property of the decedent.
No determination of heirs shall be made unless all the possible heirs know to the Judiciary and to
the claimant have been notified of the suit and given full opportunity to come before the
Judiciary and defend their interests. Possible heirs who are not residents of the reservation under
the jurisdiction of the Judiciary must be notified by mail and a copy of the notice must be
preserved for the record of the case.
B.
In the determination of heirs the Judiciary shall apply the custom of the Tribe as to
inheritance if such custom is proved. Otherwise, the Judiciary shall apply the law of the State of
New Mexico in deciding what relatives of the decedent are entitled to be his heirs.
C.
Where the estate of the decedent includes any interest in restricted allotted lands or other
property held I trust by the United States, over which the examiner of inheritance would have
jurisdiction, the Pueblo of Isleta Judiciary may distribute only such property as does not come
under the jurisdiction of the examiner of inheritance.
See Probate Ordinance, approved by Tribal Council June 10, 2014. (12-0-0) Effective October
8, 2015.
01-01-22.
Approval of Wills
Repealed by Probate Ordinance, approved by Tribal Council June 10, 2014. (12-0-0) Effective
October 8, 2015.
01-01-70.
Statute of Limitations – Criminal
No person shall hereafter be prosecuted, tried or punished in any court of the Isleta Pueblo
Judiciary unless the criminal complaint shall be made or warrant issued within one (1) year from
the time the crime was committed. If, after an offense has been committed, the defendant shall
conceal himself or go outside the exterior boundaries of Isleta Pueblo, the prosecution for such
crime may be commenced within the time prescribed herein after defendant ceases to conceal
himself or returns to the lands of the Pueblo of Isleta. No period shall be included in the time of
limitation when the party charged with a crime is not usually and publicly a resident of the
Pueblo of Isleta.
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01-01-71.
Statute of Limitations – Civil
No civil suit or action may be brought after five (5) years from the date on which its cause of
action arises.
This section does not apply to Probate proceedings authorized by the Probate Ordinance.
See Section 6.4 of Probate Ordinance, approved by Tribal Council June 10, 2014. (12-0-0)
Effective October 8, 2015.
01-02-01.
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01-02
PERSONAL INJURY ACTIONS
Applicability
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A.
This chapter shall apply broadly to any civil actions filed in Isleta Tribal Court seeking
reimbursement for personal injury or property damage, where the term “personal injury” shall be
construed broadly to include any action alleging any physical injury, mental injury, loss of life,
or property damage proximately caused by a party’s failure to meet its requisite duty and
standard of care, and shall include but not be limited to such actions relating to:
i.
Auto accident injury;
ii.
Medical malpractice;
iii.
Product liability;
iv.
Slip and fall accidents;
v.
Workplace injury;
vi.
Wrongful death.
B.
Nothing in this chapter shall be construed as a waiver of sovereign immunity by the
Pueblo of Isleta or any of its departments or entities, including the Isleta Health Center, Tiwa
Lending, Isleta Public Housing Authority, the C-Stores, and Isleta Resort and Casino. Any such
waiver shall apply only if explicitly adopted under the Pueblo of Isleta Governmental Claims
Act.
01-02-02.
Collateral Source Benefits
A.
For any actions in which a plaintiff seeks to recover for the costs of medical care,
custodial care or rehabilitation services, loss of earnings or other economic loss, on motion by a
defendant or sua sponte, the court or jury shall hear evidence of any amount of such damages
incurred which the defendant claims was replaced, compensated or indemnified pursuant to the
United States Social Security Act, any state or federal income-disability act, any health, sickness
Page 23 of 310
or income-disability insurance, any accident insurance that provides health benefits or incomedisability coverage, any contract or agreement of any group, organization, partnership, or
corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health
care services, any contract or agreement to continue to pay, in whole or in part, the plaintiff's
wages or income, or any other collateral source of benefits whatsoever, except for gratuitous
payments or gifts. If the defendant elects to introduce such evidence, the plaintiff may introduce
evidence of any amount the plaintiff himself paid or contributed to secure his right to the benefits
concerning which the defendant has introduced evidence.
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B.
If the court or jury finds that any such cost or expense was replaced, compensated, or
indemnified from any collateral source, it shall reduce the amount of the award by such finding,
minus an amount equal to the premiums or other amounts paid by the plaintiff for such benefits
for the one-year period immediately preceding the accrual of such action; provided that, if the
plaintiff has received compensation or indemnification from any collateral source whose right of
subrogation is based in any federal law, the court shall not reduce the award by the amounts
received prior to judgment from such collateral source and such amounts may be recovered in
accordance with such federal law.
C.
During the pendency of any such action, if a plaintiff has a policy of insurance which
provides health benefits or income disability coverage, and the plaintiff is unwilling or unable to
pay the costs of renewing or continuing that policy of insurance in force, the defendant or
defendants may tender to the plaintiff the cost of maintaining the said policy in force. Upon
receipt of such tender, the plaintiff shall continue such policy of insurance in force. Nothing in
this subsection shall be construed to compel a plaintiff to renew or maintain any policy of
insurance in force prior to receipt of the said tender, or to interfere in any way with the plaintiff's
choice of physician or course of medical treatment.
D.
To the extent the New Mexico Human Service Department has provided public assistance
benefits to the plaintiff, nothing in this section shall be construed to affect said department's right
of subrogation or right to a lien against any judgment or settlement, nor shall a court reduce an
award by the amount of public assistance benefits provided by said department.
E.
If a claim is properly filed under the Pueblo of Isleta Governmental Claims Act and the
Pueblo of Isleta has elected to purchase liability insurance under this act, the court may be
advised of the insurance.
01-02-03.
Contributory Negligence
Any contributory negligence chargeable to the claimant shall diminish proportionately the
amount awarded as damages for an injury attributable to the claimant’s contributory negligence
but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or
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greater than the total negligence of defendants, the claimant shall be totally barred from
recovery.
01-02-04.
Jury Trial
The right to a trial by jury for any personal injury action is preserved and may be requested by
either party or directed by the court sua sponte.
TITLE 02
PUEBLO OF ISLETA GOVERNMENT
02-01-01.
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02-01
PUEBLO OF ISLETA GOVERNMENTAL CLAIMS ACT
Short Title
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This chapter shall be known and cited as the Pueblo of Isleta Governmental Claims Act.
02-01-02.
A.
Definitions
As used in this act:
i.
“Employees” shall mean officials, employees, appointees, and volunteers duly
authorized by the Pueblo of Isleta to perform authorized functions.
ii.
“Pueblo of Isleta” means any entity under the operational control of the Pueblo of
Isleta government, including but not limited to all executive branch departments, Tribal
Council, all boards and commissions, the judiciary, Isleta Health Center, Isleta C-Stores,
Isleta Resort and Casino, Isleta Public Housing Authority, and Tiwa lending.
iii.
“Standard of care” means the reasonably prudent person’s standard of care, given
their duty and relationship to whom they are alleged to owe such standard of care, as
defined by Isleta Traditional Law. The Pueblo of Isleta Governmental Claims Act in no
way imposes a strict liability. Any determination of the standard of care required in any
particular instance should be made with the knowledge that the Pueblo of Isleta, its
entities, and its subdivisions have financial limitations within which it must exercise
authorized power and discretion in determining the extent and nature of its activities.
iv.
“This act” when used within this chapter shall mean the Pueblo of Isleta
Governmental Claims Act.
02-01-03.
General Principles of Sovereign Immunity
A.
The Pueblo of Isleta is a sovereign nation which is inherently immune from suit.
Sovereign immunity is an inherent attribute of the Pueblo of Isleta as a sovereign nation and is
neither judicially created by any court, including the Courts of the Pueblo of Isleta, nor derived
from nor bestowed upon the Pueblo of Isleta by any other nation or government.
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B.
Neither the Governor nor his Lieutenants nor the members of the Pueblo of Isleta
Council may be subpoenaed or otherwise compelled to appear or testify in the courts of the
Pueblo of Isleta or any proceeding which is under the jurisdiction of the courts of the Pueblo of
Isleta concerning any matter involving such official’s actions pursuant to
his/her official duties, unless the protections of sovereign immunity have been explicitly waived
under the Pueblo of Isleta Constitution or specific Tribal Law, including this act.
02-01-04.
Authorizing Exceptions to Sovereign Immunity
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A.
The purpose and intent of the Pueblo of Isleta Governmental Claims Act is to balance the
interest of the individual parties in obtaining just redress to which they are entitled under the law
in accordance with the orderly process of the Pueblo of Isleta government, while at the same
time protecting the legitimate public interest in securing the purpose and benefits of their public
funds and assets, and the ability of their government to function without undue interference in
furtherance of the general welfare of the Pueblo of Isleta and its members.
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B.
The Pueblo of Isleta may be sued in Pueblo of Isleta Tribal Court when explicitly
authorized by applicable federal law, as long as such action is filed in accordance with this act.
C.
The Pueblo of Isleta may be sued in Pueblo of Isleta Tribal Court when explicitly
authorized by Resolution or Law adopted by the Isleta Tribal Council, as long as such action is
filed in accordance with this act.
D.
The Isleta Resort and Casino may be sued in the Pueblo of Isleta Tribal Court for claims
of bodily injury or property damage proximately caused by the conduct of the Isleta Resort and
Casino, in violation of its standard of care, as long as such action is filed in accordance with this
act.
E.
Judicial review of Pueblo of Isleta administrative actions under the Government
Accountability Act is permitted, pursuant to the limitations of the Government Accountability
Act, as long as such action is filed in accordance with this act.
F.
Any exception to the immunity of the Pueblo of Isleta and assumption of liability
pursuant to this act does not apply in circumstances in which such liability has been or is
hereafter assumed by third parties, including private entities, individuals, or any federal or state
governmental body or agency, nor for which the Pueblo of Isleta has been or is hereafter
indemnified or held harmless by such parties, to the extent of such assumption or
indemnification of liability.
G.
Unless an insurance carrier or a federal entity otherwise provides a defense for a claim,
the Pueblo of Isleta Legal Department shall provide a defense, including a defense of immunity,
for any official or employee of the Pueblo of Isleta, when such official or employee is alleged to
have committed an act or omission in the course of the official’s or employee’s scope of duty
which proximately caused bodily injury, property damage, or a violation of rights.
i.
Notwithstanding this Subsection, the Pueblo of Isleta shall have the right to
recover from an employee defended under this subsection the amount expended by the
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Pueblo of Isleta to provide a defense, if it is shown that the employee’s actions or
omissions giving rise to a cause of action under this act were outside of the official or
employee’s scope of duty or were committed fraudulently or with actual intentional
malice.
ii.
The duty to defend employees under this subsection shall continue after
employment with the Pueblo of Isleta has been terminated if the occurrence for which
such claim is filed happened while the employee was acting within the scope of duty
while the employee was in the employ of the Pueblo of Isleta.
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H.
A judgment in an action or a settlement under this act constitutes a complete bar to any
other action by the claimant by reason of the same transaction or occurrence which was the
subject matter of the original suit or claim against the Pueblo of Isleta, whose alleged action or
omission gave rise to the claim.
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Original and exclusive jurisdiction for any claim under this act shall be in the Isleta
Tribal Court. Appeals may be made to the Isleta Appellate Court.
J.
The right to a trial by jury for any claims filed under this act is preserved and may be
requested by either party or directed by the Court sua sponte.
02-01-05
Procedure for Actions Authorized by this Act
A.
No action shall be brought against the Pueblo of Isleta unless a pre-suit claim upon which
the action is based is first presented in writing to the appropriate Pueblo of Isleta entity and
official.
B.
The pre-suit claim shall:
i.
State the time, place and circumstances of the alleged loss or injury including the
name of the public employee involved, if known;
ii.
State the name, address and residence of the claimant and his representative or
attorney, if any;
iii.
State the amount of compensation or other relief demanded;
iv.
Be signed by the claimant with the statement: “This Claim is true and correct to the
best of my knowledge and belief and is made under penalty of perjury;”
v.
Provide the Pueblo of Isleta with a minimum of thirty (30) calendar days to respond;
and
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vi.
Be served on the department or entity against whom the complaint is made, as well as
on the Pueblo of Isleta Governor and Pueblo of Isleta Legal Department, either
through personal service or through registered mail.
C.
In any action under this act, the complaint shall include evidence that the pre-suit claim
procedure required herein was followed by plaintiff. The pre-suit claim process is a jurisdictional
condition precedent to any action against the Pueblo of Isleta.
02-03
RESERVED
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02-02
RESERVED
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02-04
PUEBLO OF ISLETA FAIR LABOR STANDARDS ORDINANCE
02-04-01
Short Title
This chapter shall be known and cited as the Pueblo of Isleta Fair Labor Standards Ordinance.
02-04-02
A.
Findings & Purpose
The Tribal Council of the Pueblo of Isleta finds that –
i.
All employees of the Pueblo of Isleta, its agencies, businesses, and entities, are entitled to
fair wage and hour standards under the laws of the Pueblo of Isleta.
ii.
It is the intent of the Tribal Council to provide all employees of the Pueblo of Isleta, its
agencies, businesses, and entities, with fair wage and hour standards, which are consistent
with the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201et seq., as amended,
notwithstanding that it is the position of the Pueblo of Isleta that the FLSA does not apply
to it as a federally recognized Indian tribe.
02-04-03
A.
Definitions
For the purpose of this Chapter –
i.
“employee” means an individual employed by the Pueblo of Isleta or any agency,
business, or entity of the Pueblo of Isleta;
ii.
“employer” means the Pueblo of Isleta or any agency, business, or entity of the Pueblo of
Isleta;
iii.
“Tribal Council” means the Tribal Council of the Pueblo of Isleta;
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“Human Resources Department” means the Human Resources Department of the Pueblo
of Isleta, or the Human Resources Department of a business or entity of the Pueblo of
Isleta, as the case may be; and
v.
“Pueblo” means the Pueblo of Isleta.
vi.
“Public safety employee” means an employee of the Police Department, the Fire
Department, or the Isleta Health Center Emergency Medical Services Department who is
empowered by the Pueblo of Isleta to provide law enforcement or firefighting services,
including rescue and ambulance services, animal control, dispatch, security, code
compliance, and public safety aides. Public safety employees do not include the
administrative staff of the Police and Fire Departments or the Isleta Health Center.
B.
Except as otherwise defined or provided in this Chapter, any term used in this Chapter
shall be interpreted in accordance with, and have the meaning assigned to it by the Fair
Labor Standards Act, 29 U.S.C. § 201 et seq., as amended, and the regulations and
guidance issued thereunder.
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iv.
02-04-04
Minimum Wage.
Any employee shall be paid an hourly wage of not less than the minimum wage as may be
established by resolution of the Tribal Council and, in the absence of Tribal Council action to
adopt a higher minimum wage, shall be the federal minimum wage established from time-to-time
pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., as amended.
02-04-05
Maximum Hours
A.
The base work period for all Pueblo of Isleta employees not employed a public safety
position shall be 80 hours. Public safety employees of the Police Department shall have a
base work period of 84 hours. Public safety employees of the Emergency Medical
Services Department of the Isleta Health Center shall have a base work period of 96
hours. Public Safety employees of the Direct Department shall have a base work period
of 136 hours.
B.
If a non-exempt employee is authorized or directed to work hours in excess of their base
work period, they shall receive overtime in the amount of one and one-half times the
employee’s regular rate of pay.
02-04-06
Exemptions.
A.
Provided such employee performs the applicable primary duty and is paid on the
applicable salary basis, Sections 4 and 5 of this Chapter shall not apply with respect to:
i.
Any employee employed in a bona fide executive, administrative, or professional
capacity, or computer-related occupation, or any other employee exempt from minimum
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wage and maximum hour requirements under the Fair Labor Standards Act, 29 U.S.C. §
201 et seq., as amended.
02-04-07
Enforcement; statements of compensation due; statute of limitations.
Any employer who fails to comply with the terms of this Chapter shall be responsible to
pay to the affected employee the amount of the employee’s unpaid minimum wages, or
the employee’s unpaid overtime compensation, as the case may be.
B.
Any employee who believes he or she has not received the compensation due to such
employee under the terms of this Chapter may seek retroactive payment of unpaid
minimum wages or unpaid overtime compensation from an employer by filing with the
applicable Human Resources Department a written statement of compensation due,
which describes the basis upon which the employee claims additional compensation is
due to such employee under the terms of this Chapter. Upon considering a statement of
compensation due, the Human Resources Department shall, for cause shown, either:
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A.
i.
Deny the claim for failing to show an employer’s noncompliance with the terms
of this Chapter; or
ii.
Cause such retroactive payment of unpaid minimum wages or unpaid overtime
compensation, as the case may be, to be made to remedy an employer’s failure to
comply with the terms of this Chapter.
C.
A decision by the applicable Human Resources Department under subsection (B) of this
Section may be appealed by the affected employee or employer to the Governor within
ten (10) calendar days after the decision. The Governor shall adopt procedures for
receiving and deciding such an appeal.
D.
The sole remedy that the Governor is authorized to provide upon an appeal taken
pursuant to subsection (C) of this Section shall be either to deny the claim for failing to
show an employer’s noncompliance with the terms of this Chapter or to order an
employer to make retroactive payment of unpaid minimum wages or unpaid overtime
compensation, as the case may be, to the affected employee. The Governor is not
authorized to consider any other claim or provide any other remedy of any nature except
as expressly provided in this subsection (D) of this Section.
E.
Any statement of compensation due for unpaid minimum wages or unpaid overtime
compensation shall be forever barred unless filed with the applicable Human Resources
Department within two (2) years after the date on which such wages or overtime
compensation should have been included in an employee’s paycheck, except that a
statement of compensation arising out of a willful failure to comply with this Chapter
may be filed with the applicable Human Resources Department within three (3) years
after the date on which such wages or overtime compensation should have been included
in an employee’s paycheck.
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02-04-08
Fair Labor Standards Act
It is the intent of this Chapter to provide employees with fair wage and hour standards
consistent with the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”), as
amended. For the sole purpose of interpreting and enforcing this Chapter, and to the
extent not in conflict with this Chapter or Pueblo law, an employer, the applicable Human
Resources Department, or the Governor may consider the FLSA and regulations
thereunder and relevant case law, for guidance or for the determination of any matter not
provided herein; provided, however, that such federal law shall apply by reference only
and shall not constitute a waiver of the Pueblo’s sovereign immunity for any claims or
process brough under the FLSA.
B.
Notwithstanding anything to the contrary herein, the Pueblo may provide wage and hour
standards applicable to employees of any Pueblo government agency or to the employees
engaged in fire protection or law enforcement activities consistent with the FLSA.
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A.
C.
Except as expressly provided to the contrary herein, any employer in compliance with the
FLSA shall be deemed to be in compliance with this Chapter.
02-04-09
Sovereign Immunity
Except as expressly provided in Section 6 of this Chapter for the sole purpose of process before
the applicable Human Resources Department or the Governor, the Pueblo of Isleta reserves its
sovereign immunity from legal process and unconsented suit to the fullest extent permitted by
law.
02-04-10
Severability
The provisions of this Chapter are severable, If any provisions of this Chapter, or the application
thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the
application to other persons or circumstances shall not be affected thereby.
02-05
PUEBLO OF ISLETA FAMILY AND MEDICAL LEAVE ORDINANCE
02-05-01
Short Title
This chapter shall be known and cited as the Pueblo of Isleta Family and Medical Leave
Ordinance.
02-05-02
A.
Findings & Purpose
The Tribal Council of the Pueblo of Isleta finds that –
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All employees of the Pueblo of Isleta, its agencies, departments, business
enterprises, and entities, are entitled to family medical leave under the laws of the
Pueblo of Isleta; and
ii.
It is the intent of the Tribal Council to provide all employees of the Pueblo of
Isleta, its agencies, businesses, and entities, with family and medical leave, which
is consistent with the terms of the Family and Medical Leave Act, 29 U.S.C. §
2601 et seq., as amended (the “Federal Act”), notwithstanding that it is the
position of the Pueblo that such Federal Act does not apply to it as a federally
recognized Indian tribe.
02-05-03
Definitions
For the purpose of this Chapter –
i.
“eligible employee” means an employee who has been employed –
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1. For at least 12 months a Pueblo employer with respect to whom leave is
requested under this Chapter; and
2. For at least 1,250 hours of service with such Pueblo employer during the
previous 12-month period.
ii.
“covered servicemember” means a member of the Armed Forces who is
undergoing medical treatment, recuperation, or therapy, or is otherwise on the
temporary disability retired lists, for a serious injury or illness; or a veteran who is
undergoing medical treatment, recuperation, or therapy, for a serious injury or
illness and who was a member of the Armed Forces at any time during the period
of 5 years preceding such treatment, recuperation, or therapy.
iii.
“serious health condition” means an illness, injury, impairment, or physical or
mental condition that involves –
1. Inpatient care in a hospital, hospice, or residential medical care facility; or
2. Continuing treatment by a health care provider.
iv.
“Human Resources Department” means the Human Resources Department of the
Pueblo of Isleta, or the Human Resources Department of the Isleta Resort and
Casino, the Isleta Business Corporation, or of another business or entity of the
Pueblo of Isleta, as the case may be; and
v.
“Pueblo employer” means the Pueblo of Isleta, the Isleta Resort and Casino, the
Isleta Business Corporation, or another business or entity of the Pueblo of Isleta,
as the case may be.
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Except as otherwise defined or provided in this Chapter, any term used in this Chapter
shall be interpreted in accordance with, and have the meaning assigned to it by the federal
Act and the regulations and guidance issued thereunder.
02-05-04
An eligible employee shall be entitled to a total of 12 workweeks of leave during any 12month period for one or more of the following:
i.
Because of the birth of a son or daughter of the eligible employee and in order to
care for such son or daughter, provided, however, that such entitlement to leave
shall expire 12 months after the date of such birth;
ii.
Because of the placement of a son or daughter with the eligible employee for
adoption or foster care, provided, however, that such entitlement to leave shall
expire 12 months after the date of such placement;
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Entitlement to Leave
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B.
iii.
In order to care for the spouse, or a son, daughter, or parent, of the eligible
employee, if such spouse, son, daughter, or parent has a serious health condition;
iv.
Because of a serious health condition that makes the eligible employee unable to
perform the function of the position of such employee; or
v.
Because of a qualifying exigency arising out of the fact that the spouse, or a son,
daughter, or parent of the eligible employee is on covered active duty, or has been
notified of an impending call or order to covered active duty in the Armed Forces.
B.
Servicemember family leave. An eligible employee who is the spouse, son, daughter,
parent or next of kin of a covered servicemember shall be entitled to a total of 26
workweeks of leave during a 12-month period other care for the servicemember,
provided, however, that such leave shall only be available during a single 12-month
period.
C.
Combined leave total. During the single 12-month period described in subsection (B),
an eligible employee shall be entitled to a combined total of 26 workweeks of leave under
subsection (A) and (B) of this Section.
D.
Paid/Unpaid Leave. Except as provided in this subsection (D), leave granted under this
Section may consist of unpaid leave.
i.
If a Pueblo employer provides paid leave for fewer than 12 workweeks, or 26
workweeks in the case of leave provided under subsection (B) of this section, the
additional weeks of leave may be provided without compensation.
ii.
An eligible employee may elect, or a Pueblo employer may require the employer,
to use any of the accrued paid vacation leave, personal leave, or family leave of
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the eligible employee for leave provided under paragraphs 1, 2, 3, and 5 of
subsection (A) of this Section.
E.
An eligible employee may elect, or a Pueblo employer may require the eligible
employee, to substitute any of the accrued paid vacation leave, personal leave, pr
medical or sick leave of the eligible employee for leave provided under
paragraphs 3 and 4 of this subsection (A) of this Section or subsection (B) of this
Section, except that nothing in this Ordinance shall require a Pueblo employe to
provide paid sick leave or paid medical leave in any situation in which such
Pueblo employe would not normally provide any such paid leave.
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iii.
Foreseeable leave
In any case in which the necessity for leave under paragraphs 1 or 2 of subsection
(A) of this Section is foreseeable, the eligible employee shall provide the Pueblo
employer with not less than 30 days’ notice, or, if the circumstances make that
impractical, as much notice as is practicable.
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ii.
In any case in which the necessity for leave under paragraphs 3 and 4 of
subsection (A) of this Section or under subsection (B) is foreseeable the eligible
employee –
1. Shall make a reasonable effort to schedule the treatment so as not to
disrupt unduly the operations of the Pueblo employer, subject to the
approval of the applicable health care provider; and
2. Shall provide the Pueblo employer with not less than 30 days’ notice
before the date the leave is to begin or, if the circumstances make that
impractical, as much notice as is practicable.
F.
Spouses employed by the same employer
i.
02-05-05
A.
In any case in which a husband and wife entitled to leave under subsection (A) of
this Section are each employed by a Pueblo employer, the aggregate number of
workweeks of leave to which both may be entitled may be limited in a manner
consistent with the terms of the Federal Act.
Certification
A Pueblo employer may require that a request for leave under paragraph 3 or 4 of
subsection (A) or subsection (B) of Section 4 of this Chapter be supported by a
certification issued by the applicable health care provide in form and substance consistent
with the requirements of the Federal Act, which the eligible employee shall provide in a
timely manner.
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Second Opinion. In any case in which the Pueblo employer has reason to doubt the
validity of the certification provided under subsection (A) of this Section for leave under
paragraph 3, 4, or 5 of subsection (A) of Section 4, the Pueblo employer may require, at
the expense of the Pueblo employer, that the eligible employee obtain the opinion of a
second independent health care provider designated or approved by the Pueblo employer.
C.
Resolution of conflicting opinions. In any case in which the second opinion described in
subsection (B) of this Section different from the opinion in the original certification
provided under subsection (A) of this section, the Pueblo employer may require, at the
expense of the Pueblo employer, that the eligible employee obtain the opinion of a third
independent health care provided designated or approved jointly by the Pueblo employer
and the eligible employee which shall be considered to be final and shall be binding on
the Pueblo employer and the eligible employee.
Employment and benefits protection.
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02-05-06
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B.
A.
Except as provided in subsection (E) of this Section, any eligible employee who take
leave under Section 4 of this Chapter for the intended purpose of the leave shall be
entitled, on return from such leave –
i.
To be restored by the Pueblo employer to the position of employment held by the
eligible employee when the leave commenced; or
ii.
To be restored to an equivalent position with equivalent employee benefits, pay,
and other terms and conditions of employment.
B.
The taking of leave under Section 4 of this Chapter shall not result in the loss of any
employment benefit accrued prior to the date on which the leave commenced.
C.
Nothing in this Section shall be construed to entitle any restored eligible employee to –
D.
i.
The accrual of any seniority or employment benefits during any period of leave;
or
ii.
Any right, benefit, or position of employment other than any right, benefit, or
position to which the eligible employee would have been entitled had the eligible
employee not take the leave.
As a condition of restoration under subsection (A) of this Section for an eligible
employee who has taken leave under paragraph 4 of this subsection (A) of Section 4, the
employer may have a uniformly applied practice or policy that requires each such eligible
employee to receive certification from the health care provider of the eligible employee
that the eligible employee is able to resume work.
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i.
Such denial is necessary to prevent substantial and grievous economic injury to
the operations of the Pueblo employer;
ii.
The Pueblo employer notified the eligible employee of the intent of the Pueblo
employer to deny restoration on such basis at the time the Pueblo employee
determined that such injury would occur; and
iii.
In any case in which the leave has commenced, the eligible employee elects not to
return to employment after receiving such notice.
Except as provided in paragraph 1 of this subsection (F), during any period that an
eligible employee takes leave under Section 4 of this Chapter, the Pueblo employer shall
maintain coverage under any group health plan for the duration of such leave at the level
and under the conditions coverage would have been provided if the eligible employee had
continued employment continuously for the duration of such leave.
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F.
A Pueblo employer may deny restoration under subsection (A) of this Section to any
eligible employee that is a salaried eligible employee who is among the highest paid 10
percent of the employees employed by the Pueblo employer is –
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E.
i.
The Pueblo employer may recover the premium that the Pueblo employer paid to
maintain coverage for the eligible employee under such group health plan during
any period of unpaid leave under Section 4 of this Chapter if –
1. The eligible employee fails to return from leave under Section 4 of this
Chapter after the period of leave to which the eligible employee is entitled
has expired; and
2. The eligible employee fails to return to work for a reason other than –
3.
a. The continuation, recurrence, or onset of a serious health condition
that entitled the eligible employee to leave under paragraphs 3 or 4
of subsection (A) of Section 4 of this Chapter or under subsection
(B) of Section 4; or
b. Other circumstances beyond the control of the eligible employee.
02-05-07
A.
Enforcement; statements of noncompliance; statute of limitations.
Subject to subsection (D) of this Section, any eligible employee who believe his or her
Pueblo employer has failed to comply with the terms of this Chapter may filed a written
statement of noncompliance with the applicable Human Resources Department, which
describes the basis upon which the eligible employee claims his or her Pueblo employer
has failed to comply with the terms of this Ordinance. Upon considering a statement of
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noncompliance, the Human Resources Department shall, for cause shown, as the case
may be –
ii.
As appropriate, order employment or reinstatement; or
iii.
Deny the claim for failing to show a Pueblo employer’s noncompliance with the
terms of this Chapter.
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Make retroactive payment of any wages, salary, employment benefits, or other
compensation denied or lost to such eligible employee by reason of the
noncompliance;
A decision by the applicable Human Resources Department under subsection (A) of this
Section may be appealed by the affected eligible employee or Pueblo employer to the
Governor within ten (10) calendar days after the decision. The Governor shall adopt
procedures for receiving and deciding such an appeal, subject to approval by the Tribal
Council.
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B.
i.
C.
The sole remedy that the Governor is authorized to provide upon an appeal take pursuant
to subsection (B) of this Section shall be either to uphold the denial of the claim or to
grant the appropriate relief provided in subsection (A) of this Section. The Governor is
not authorized to consider any other claim or provide any other remedy of any nature
except as expressly provided in subsection (A) of this Section.
D.
Any claim or statement of noncompliance shall be forever barred unless filed with the
applicable Human Resources Department within two (2) years after the date on which the
last even constituting the alleged noncompliance, or within three (3) years for willful
noncompliance.
E.
For the sole purpose of considering a statement of noncompliance or an appeal thereof,
the applicable Human Resources Department or the Governor may reference the Federal
Act, regulations and guidance issued thereunder, and relevant case law for guidance;
provided, however, that such federal law shall apply by reference only.
02-05-08
Sovereign Immunity.
Except as expressly provided in Section 7 of this Chapter for the sole purpose of process before
the applicable Human Resources Department or the Governor, the Pueblo of Isleta reserves its
sovereign immunity, and that of Pueblo employers, from legal process and unconsented suit to
the fullest extent permitted by law. Noting herein shall be construed as, nor deemed to be, a
waiver of the Pueblo of Isleta’s or a Pueblo employer’s sovereign immunity for any claim
brought pursuant to the Federal Act.
02-05-09
Severability.
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The provisions of this Chapter are severable. If any provision of this Chapter, or the application
thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the
application to other persons or circumstances shall not be affected thereby.
02-06
PUEBLO OF ISLETA LABOR RELATIONS ORDINANCE
Short Title
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02-06-01
This chapter shall be known and cited as the Pueblo of Isleta Labor Relations Ordinance.
02-06-02
The Tribal Council of the Pueblo of Isleta finds that –
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Findings & Purpose
i.
The Tribal council desires fair treatment of employees in the workplace and seeks
to ensure proper management of the Pueblo of Isleta’s relationship with all
employees of the Pueblo of Isleta;
ii.
The National Labor Relations Act, 29 U.S.C. § 151 et seq., does not apply to the
Pueblo of Isleta, nor does it govern the Pueblo’s relationship with its employees,
as its application would abrogate aspects of the Pueblo of Isleta’ inherent
sovereignty, right of self-government, and right of exclusion;
iii.
The laws of the Pueblo of Isleta govern the Pueblo’s relationship with its
employees and provide certain conditions of employment that are not subject to
collective bargaining;
iv.
The Tribal Council desires to specify which conditions of employment are subject
to collective bargaining in order to facilitate and encourage the amicable
resolution of disputes between the Pueblo and its employees involving those
conditions of employe; and
v.
It is the purpose of this Chapter to prescribe certain rights and obligations of the
employees of the Pueblo which are balanced to meet the special governmental
requirements and needs of the Pueblo. The provisions of this Chapter should be
interpreted in a manner consistent with the need for an effective and efficient
government.
02-06-03
A.
Definitions.
For the purpose of this Chapter –
i.
“person” means an employee, labor organization, or employer;
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ii.
“employee” means an individual employed by the Pueblo of Isleta, a department,
or an agency thereof, or a wholly-owned business enterprise, or entity of the
Pueblo of Isleta, but the term “employee” shall not include:
1. A supervisor or management official;
2. Any individual who participates in a strike in violation of Section 6 of this
Chapter;
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3. An individual employed by the Pueblo of Isleta Gaming Regulatory
Agency;
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4. Any individual employed in surveillance and security systems or any other
internal control system designed to protect the integrity of the Pueblo’s
gaming operations;
5. Reserved.
iii.
“employer” means the Pueblo of Isleta, a department, agency thereof, a whollyowned business enterprise, or entity of the Pueblo of Isleta, but the term
“employer” shall not include:
1. The Pueblo of Isleta Gaming Regulatory Agency;
2. Reserved.
iv.
v.
“labor organization” means an organization comprised in whole or in part of
employees organized for the purpose of dealing with an employer concerning
conditions of employment, but the term “labor organization” shall not include:
1. An organization which participates in the conduct of a strike or imposes a
duty or obligation to conduct, assist, or participate in such a strike in
violation of Section 7 of this Chapter;
2. An organization which does not have a license to conduct their labor
organization activity on Pueblo lands issues pursuant to Section 10 of this
Chapter; or
3. An organization which bargains or otherwise advocates for personnel
policies, practices, and matters affecting working conditions that are
contrary to Pueblo law.
vi.
“conditions of employment: means personnel policies, practices, and matters
affecting working conditions, but the term “conditions of employment” shall not
include personnel policies, practices, and matters –
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1. Relating to wages and hours of work approved by Tribal Council action,
in accordance with Pueblo law;
2. Relating to the classification of any position approved by Tribal Council
action, in accordance with Pueblo law;
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3. Relating to any policies, practices, and matters that are provided for by the
Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”), the
regulations issued thereunder, or a tribal-state gaming compact entered
into by the Pueblo pursuant to IGRA, a gaming ordinance enacted by the
Pueblo in accordance with IGRA, or regulations issued by the Pueblo of
Isleta Gaming Regulatory Agency and approved by Tribal Council;
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4. Relating to any policies, practices, and matter that are provided for in a
contract or compact entered into by the Pueblo pursuant to the Indian SelfDetermination and Education Assistance Act, 25 U.S.C. § 450 et seq., and
the regulations issued thereunder;
5. Relating to any policies, practices, and matters that are provided for in any
Pueblo of Isleta Employee Grievance Review Procedures;
6. Relating to any policies, practices, and matter of Pueblo law which gives
employment preference to Indians or members of the Pueblo of Isleta;
7. Relating to benefits approved, provided, or set by Tribal Council; or
8. To the extent that such policies, practices, and matters are provided for by
any other Pueblo law.
vii.
“Pueblo law” means the Constitution of the Pueblo of Isleta, the customs and
traditions of the Pueblo of Isleta, ordinances, resolutions, regulations, personnel
policies approved by Tribal Council, and any other act of the Tribal Council, the
Governor, the Tribal Court, and/or the Pueblo of Isleta Gaming Regulatory
Agency which carries the force of law.
viii.
“Pueblo lands” means any and all lands under the jurisdiction of the Pueblo of
Isleta.
ix.
“Pueblo” means the Pueblo of Isleta.
x.
“strike” means any employee who, by themselves or in concert with one or more
other such employee, for the purpose of obstructing, impeding or suspending any
activity or operation of his or her employer, strikes or willfully refuses to perform
the duties of his or her employment.
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“Governor” means the Governor of the Pueblo of Isleta.
xii.
“Tribal Council” means the Tribal Council of the Pueblo of Isleta.
xiii.
“collective bargaining agreement” means an agreement entered into as a result of
collective bargain pursuant to the provisions of this Chapter and relating to
conditions of employment.
xiv.
“collective bargaining” means the performance of the mutual obligation of the
representative of an employe and the exclusive bargaining representative of
employees in an appropriate unit of the of the employer to meet at reasonable
times and to consult and bargain in a good-faith effort to reach agreement with
respect to the conditions of employment affecting such employees and to execute,
if requested by either party, a written document incorporating any collective
bargaining agreement reached, but the obligation referred to int this paragraph
does not compel either party to agree to a proposal or to make a concession.
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xi.
B.
xv.
“exclusive bargaining representative” means a labor organization which is
certified as such to assume the rights and obligations with respect to a unit of
employees as provided in Section 11 of this Chapter.
xvi.
“matters of disagreement” means any conditions of employment subject to
collective bargaining and which have resulted in a bargaining impasse.
xvii.
“management officials” means an individual employed by an employer in a
position the duties and responsibilities of which require or authorize the
individual to formulate, determine, or influence the policies of the employer.
xviii.
“supervisor” means an individual employed by an employer having authority to
hire, direct, assign, promote, reward, transfer, layoff, recall, suspend, discipline,
or remove employees, if the exercise of the authority it not merely routine or
clerical in nature but requires the exercise of independent judgment.
The Tribal Council may issue an order excluding any agency or entity of the Pueblo from
coverage under this Chapter if the Tribal Council determines that the provisions of this
Chapter cannot be applied to that agency or entity in a manner consistent with the
governmental needs and interests of the Pueblo.
02-06-04
A.
Employee rights.
Each employee shall have the right to form, join, or assist any labor organization, or to
refrain from any such activities, freely and without fear of penalty or reprisal, and each
employee shall be protected in the exercise of such right. Exception as otherwise
provided in this Chapter, such right includes the right –
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02-06-05
i.
To engage in collective bargaining with respect to conditions of employment
through representatives chosen by employees pursuant to this Ordinance; and
ii.
To act for a labor organization in the capacity of a representative and the right, in
that capacity, to present the views of the labor organization to management, heads
of agencies, and other officials of the Pueblo.
Management rights.
To determine the mission, budget, organization, number of employees, and internal
security practices of the employer; and
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A. Nothing in this Chapter shall affect the authority of any management official of any
employer –
ii.
In accordance with applicable Pueblo law –
1. To hire, assign, direct, layoff, and retain employees, or to suspend,
remove, reduce in grade or pay, or to take other disciplinary action against
such employees;
2. To assign work, to make determinations with respect to contracting out,
and to determine the personnel by which employer operations shall be
conduced;
3. With respect to filling positions, to make selections from among
candidates receiving employment preference under the preference laws of
the Pueblo., or among properly ranked and certified candidates for
promotion, or any other appropriate source, as the case may be; and
4. To take whatever actions may be necessary to carry out the employer
mission during emergencies.
02-06-06
Right to work.
Notwithstanding anything to the contrary in this Chapter, no individual shall be required as a
condition of employment or continuation of employment on Pueblo lands, to: (i) resign or refrain
from voluntary membership in, voluntary affiliation with, or voluntary financial support of a
labor organization; (ii) become or remain a member of a labor organization; (iii) pay dues, fees,
assessments or other charges of any kind or amount to a labor organization; (iv) pay to any
charity or other third party, in lieu of such payments any amount equivalent to or a pro-rata
portion of dues, fees, assessments or other charges regularly required of members of a labor
organization; or (v) be recommended, approved, referred or clear through a labor organization.
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02-06-07
No right to strike.
It shall be unlawful for any employee or any labor organization, directly or indirectly, to
induce, instigate, encourage, authorize, ratify, participate in, or otherwise bring about a
strike against any employer.
B.
Any employee who engages in a strike in violation of subsection (A) of this Section may,
at the employer’s sole discretion, by such action, be deemed to have terminated his or her
employment and may, at the employer’s sole discretion, thereafter be ineligible for
employment in any position or capacity during the next twelve months by an employer.
C.
An labor organization that engages in a strike in violation of Subsection (A) of this
Section shall, by such action, be deemed to have forfeited its license to conduct labor
organization activity on Pueblo lands, shall thereafter be ineligible for such a license
during the next twenty-four months, shall immediately cease and desist from conducting
business and labor organization activity on Pueblo lands, shall have its exclusive
representative status immediately revoked, and shall then immediately cease to be legally
entitled and obligated to represent employees in the unit.
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A.
02-06-08
A.
B.
Unfair labor practices.
For the purpose of this Chapter, it shall be an unfair labor practice for an employer –
i.
To interfere with, restrain, or coerce any employee in the exercise by the
employee of any right provided under Sections 4 or 6 of this Chapter;
ii.
To encourage or discourage membership in any labor organization by
discrimination in connection with hiring, tenure, promotion, or other conditions of
employment;
iii.
To discipline or otherwise discriminate against an employee because the
employee has exercised rights guaranteed under Section 4 or has filed a charge,
affidavit, or has given any information or testimony under this Chapter;
iv.
To dominate or interfere with the formation or administration of any labor
organization;
v.
To refused to bargain in good faith with any labor organization which is certified
pursuant to Section 11 of this Chapter as an exclusive bargaining representative;
or
vi.
To otherwise fail or refuse to comply with a provision of this Chapter.
For the purpose of this Chapter, it shall be an unfair labor practice for any labor
organization –
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To interfere with, restrain, or coerce any employee in the exercise by the
employee of any right under this Chapter, including, without limitation, section 4
or 6 hereof;
ii.
To cause or attempt to cause an employer to discriminate against any employee in
the exercise by the employee of any right under this Chapter, including, without
limitation, Section 4 or 6 hereof;
iii.
To coerce, discipline, fine, or attempt coerce a member of the labor organization
as punishment, reprisal, or for the purpose of hindering or impeding the member’s
work performance or productivity as an employee or the discharge of the
member’s duties as an employee;
iv.
To refuse or fail to collectively bargain in good faith with an employer;
v.
To call, or participate in, a strike, work stoppage, or slowdown, or picketing of an
employer in a labor-management dispute, or any similar activity, or condone any
such activity by failing to take action to prevent or stop such activity;
vi.
To interfere with, restrain, or coerce any employer in the exercise of the employer
of any right under Section 5 of this Chapter; or
vii.
To otherwise fail or refuse to comply with any provision of this Chapter.
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02-06-09
Prevention of unfair labor practices.
A.
If any employer or labor organization is charged by any person with having engaged in or
is engaging in an unfair labor practice, the Governor shall investigate the charge and, for
cause shown, may issue and cause to be served upon the employer or labor organization a
funding of probably unfair labor practice. In any case in which the Governor does not
issues a finding of probable unfair labor practice because the charge fails to state an
unfair labor practice, the Governor shall provide the person making the charge a written
statement of the reasons for not issuing a finding of probably unfair labor practice. No
finding of probably unfair labor practice shall be issue on any alleged unfair labor
practice which occurred more than 6 months before the filing of the charge with the
Governor.
B.
Any finding of probably unfair labor practice issued by the Governor under subsection
(A) of this Section shall contain a notice –
i.
Of the charge;
ii.
That a hearing will be held before the Governor; and
iii.
Of the time and place fixed for the herein.
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The employer or labor organization involved shall have the right to file an answer to the
finding of probable unfair labor practice within the time fixed by the Governor and any
amending finding of probable unfair labor practice, appear in person or otherwise, and
give testimony at the time and place fixed in the finding of probable unfair labor practice
for the hearing. Not further briefing or filing shall be permitted without leave granted by
the Governor in his discretion.
D.
After such a hearing, the Governor in its discretion may upon notice receive further
evidence or hearing argument.
E.
If the Governor determines after any hearing on a finding of probably unfair labor
practice that the preponderance of the evidence received demonstrates that the employer
or labor organization named in the finding of probably unfair labor practice has engaged
in or is engaging in an unfair labor practice, then the Governor shall state in writing its
findings and shall issue and cause to be served on the employer or labor organization an
order as applicable –
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C.
i.
To cease and desist from any such unfair labor practice in which the employer or
labor organization is engaged;
ii.
Requiring the parties to negotiate or renegotiate a collective bargaining agreement
in accordance with the order of the Governor;
iii.
Requiring reinstatement of an employee with backpay;
iv.
Revoking a labor organization’s license issue under Section 10 of this Chapter; or
v.
Including any combination of the actions described in paragraphs (1) through (4)
of this subsection (E).
F.
If the Governor determines that the preponderance of the evidence received fails to
demonstrate that the employer or labor organization names in the finding of probably
unfair labor practice has engaged in or is engaging in an unfair labor practice, the
Governor shall state in writing his findings and shall issue an order dismissing the finding
of probable unfair labor practice.
G.
Any final order of the Governor may be appealed to the Pueblo of Isleta Tribal Court.
The appeal shall be taking by filing a written notice of appeal with the Tribal Court and
the Governor within ten (10) calendar days after the date of entry of the final order by the
Governor. The Tribal Court shall affirm a final order of the Governor upon appeal unless
such order is not supported by substantial evidence or is arbitrary and capricious. The
decision by the Tribal Court shall be final.
02-06-10
Licensing and registration of labor organizations.
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No labor organization shall engage in business, organizing employees, or any other labor
organization activities on Pueblo lands without a license issued by the applicable Pueblo
entity, which license shall provide as follows:
The right of such labor organization to conduct business and labor organization
activities on Pueblo lands is a privilege, subject to the Pueblo’s jurisdiction,
consent, regulatory authority, and right to exclude;
ii.
The consent of the Pueblo to allow such labor organization to conduct business
and labor organization activities on Pueblo lands is conditioned upon such labor
organization’s express agreement to be subject to Pueblo law, including, without
limitation, this Chapter;
iii.
In consideration of the Pueblo’s consent to such labor organization’s conduct of
business and labor organization activities within the jurisdiction of the Pueblo,
such labor organization agrees to:
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A.
1. Comply with Pueblo law including, but not limited to, this Chapter and all
policies and procedures of an employer;
2. Submit to the exclusive jurisdiction of the Pueblo, including, without
limitation, the jurisdiction of the Governor and the Pueblo of Isleta Tribal
Court, for any dispute arising out of such labor organization’s conduct of
business and labor organization activities on Pueblo lands; and
3. To pay an annual license fee to the Pueblo in the amount of $10,000.00.
iv.
B.
For the purpose of licensing under this Section 10, “applicable Pueblo entity” means –
02-06-11
A.
Such other requirements as the Pueblo may require.
i.
The Pueblo of Isleta Gaming Regulatory Agency for licensing regarding the
Pueblo’s gaming businesses or operations; or
ii.
The Pueblo’s Treasurer for all other licensing.
Bargaining impasses.
Not less than thirty (30) days after the commencement of negotiations for a collective
bargaining agreement, if management and the exclusive bargaining representative reach a
bargaining impass over matters of disagreement, the parties shall submit such impasse to
third-party mediation to resolve the matters of disagreement informally through a
mediator selected by the parties. No party shall declare a bargaining impasse under this
Section under thirty (30) days after the commencement of mediation.
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Not less than thirty (30) days after the commencement of mediation regarding a
bargaining impasse under subsection (A) of this Section, and if the parties have failed to
resolve matters of disagreement through such mediation, either party may declare a
bargaining impasse by providing written notification to the Governor of a bargaining
impasses. Written notification must include –
A summary statement of the matters of disagreement and agreement;
ii.
A proposed collective bargaining agreement which includes the matters of
agreement;
iii.
Each party’s proposal of the language of any matters of disagreement to be
included as terms of a collective bargaining agreement between the parties; and
iv.
The respective positions of the parties.
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B.
C.
D.
Within ten (10) days of receipt of a written notification of a bargaining impasse, the
Governor shall promptly investigate an impasse presented to it under subsection (B) of
this Section and shall either –
i.
Recommend to the parties procedures for the resolution of the bargaining
impasse; or
ii.
Assist the parties in resolving the bargaining impasse through whatever methods
and procedures, including factfinding and recommendations, it may consider
appropriate to accomplish resolution of the bargaining impasse.
If the parties do not arrive at a settlement within twenty (20) days after assistance by the
Governor under subsection (C) of this Section, the Governor shall hold a hearing for the
purpose of rendering a binding decision to resolve any matters of disagreement, which
shall be resolved solely by the Governor deciding to include either party’s proposal
submitted under paragraph 3 of subsection (B) of this Section as terms in a collective
bargaining agreement between the parties. In preparation for such hearing, the Governor
may receive a brief from each party, administer oaths, take the testimony of any person
under oath, and issue subpoenas requiring the attendance and testimony of witnesses and
the production of documentary or other evidence at such hearing. The Governor shall
thereafter issue a binding decision to resolve any matters of disagreement, which shall be
resolve solely by the Board deciding to include wither party’s proposal submitted under
paragraph 3 of subsection (B) of this Section as terms in a collective bargaining
agreement between the parties. Such decision shall include a written report issued to the
parties summarizing the resolution of each area of impasse, supported by a statement of
reasoning. The decision shall be binding on the parties during the term of the collective
bargaining agreement, unless the parties agree otherwise.
02-06-12
Certification of exclusive bargaining representative.
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A labor organization seeking certification as the exclusive bargaining representative of a
bargaining unity of employees shall submit a petition for certification to the Governor.
The petition shall be signed by current employees in the bargaining unit. A labor
organization seeking certification shall also submit to the Governor, at the time the
petition is submitted, a roster of its officers and representatives, a copy of its constitution
and bylaws, proof of a current license issued to the labor organization under Section 10 of
this Ordinance, and a statement of its objectives.
B.
Upon receiving a petition for certification, the Governor shall determine the
appropriateness of the bargaining unit within thirty (30) days of the filing of the petition.
The Governor shall determine any unit to be an appropriate bargaining unity only
if the determination will ensure a clear and identifiable community of interest
among the employees in the unit and will promote effective dealings with, and
efficiency of the operation of the employer involved; provided, however, that a
unit shall not be determined to be appropriate if it includes –
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A.
1.
Any management official or supervisor;
2. Any employee engaged in administering the provisions of this Chapter;
3. Both professional employees and other employees, unless a majority of
the professional employees votes for inclusion in the unit;
4. Any employee engaged in surveillance and security systems or any other
internal control system designed to protect the integrity of the Pueblo’s
gaming operations; or
5. Any individual excluded from the definition of employee under paragraph
2 of Subsection (A) of Section 2.
C.
If the bargaining unit identified in the petition for certification is appropriate, the Board
shall ascertain the number of employees in the bargaining unit at the time the petition was
made and shall determine the number of employees who have selected the labor
organization as their exclusive bargaining representative at the time of the petition.
i.
If the Governor determines that based on the petition for certification, more than
50% of the employees in the bargaining unit have selected the labor organization
as their exclusive bargaining representative at the time the petition was filed, the
Governor shall certify the labor organization as the exclusive bargaining
representative of the employees without an election.
ii.
If the Governor determines that, based on the petition for certification, less than
35% of the employees in the bargaining unit have select the labor organization as
their exclusive bargaining representative at the time the petition was filed, the
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Governor shall not certify the labor organization as the exclusive bargaining
representative of the employees without an election.
If the Governor determines that, based on the petition for certification, not less
than 35% and not more than 50% of the employees in the bargaining unit have
select the labor organization as their exclusive bargaining representative at the
time the petition is filed, the Governor shall conduct a secret ballot election
among the employees in the bargaining unit not later than forty-five (45) days
following the filing of the petition. Notice of the election shall be posted at the
employer’s facility.
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1. The Governor shall determine who is eligible to vote in any election under
this Section and shall establish rules governing any such election, which
shall include a ballot allowing employees eligible to vote the opportunity
to choose:
a. from labor organizations on the ballot, that labor organization
which the employees wish to have represent them; or
b. not to be represented by a labor organization.
2. Other labor organizations submitting petitions to the Governor with the
signatures of more than 20% of the employees in the bargaining unit shall
also be included on the ballot.
3. A labor organization which has submitted to the Governor a valid copy of
a current of recently expired collective bargaining agreement for the unit
may intervene with respect to a petition filed pursuant to subsection (A) of
this Section and shall be placed on the ballot of any election under this
Section with respect to such petition.
4. The labor organization(s) on the ballot shall be supplied with a complete
list of current employees in the proposed bargaining unity within a
reasonable time prior to the representation vote. In elections where only
one labor organization is listed on the ballot, the Governor shall certify the
labor organization as the exclusive bargaining representative of the
employees only if more than 50% of the employees vote in favor of
representation by the labor organization. Where more than one labor
organization is included on the ballot and no choice receives a majority of
the votes cast, a runoff election shall be conducted between the two
choices receiving the highest number of votes. A labor organization which
receives more than 50% of the votes cast in a runoff election shall be
certified by the Governor as the exclusive bargaining representative.
D.
Certification shall not be accorded to a labor organization –
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i.
If the Board determines that the labor organization is opposed to Pueblo law or
subject to corrupt influences;
ii.
In the case of a petition submitted pursuant to Subsection (A) of this Section, if
there is not credible evidence that at least 30 percent of the employees in the unit
specified in the petition wish to be represented for the purpose of collective
bargaining by the labor organization seeking exclusive certification;
If there is then in effect a lawful written collective bargaining agreement between
the employer involved and an exclusive bargaining representative, other than the
labor organization seeking certification, covering any employees included in the
unit specified in the petition, unless –
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iii.
1. The collective bargaining agreement has been effect for more than 3 years;
or
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2. The petition for certification is filed not more than 105 days and not less
than 60 days before the expiration dates o the collective bargaining
agreement; or
iv.
E.
If the Governor has, within the previous 12 calendar months, conducted a secret
ballot election for the unit described in any petition under this Section and in such
election a majority of the employees voting either chose a labor organization for
the certification as the unity’ exclusive bargaining representative or chose not to
be represented by a labor organization.
A labor organization certified pursuant to this Section 12 for an appropriate bargaining
unit shall be the exclusive bargaining representative of all the employees in such unity for
the purposes of collective bargaining with respect to the conditions of employment. An
exclusive bargain representative is responsible for representing the interests of all
employees in the unit it represents without discrimination and without regard to labor
organization membership.
02-06-13
Decertification.
A.
Upon the filing with the Governor of a petition signed by 35% of more of the employees
in a bargaining unit seeking decertification of a certified exclusive bargaining
representative, the Governor shall conduct a secret ballot election to determine whether
the certified exclusive bargaining representative continues to enjoy the support of a
majority of employees participating in an election. Upon such election, if more than 50%
of the employees participating in an election vote to decertify a certified exclusive
bargaining representative, such bargaining representative shall be decertified and shall
thereafter ceases to be legally entitled and obligated to represent employees in the unit.
B.
A petition for decertification of a certified bargaining representative shall not be
considered timely –
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i.
During the first twelve (12) months following the certification of the exclusive
representative; or
ii.
When there is a collective bargaining agreement, except that request for a
decertification may be made no earlier than 180 days and no later than 30 days
prior to the end of the agreement; provided, however, that a request for an election
may be filed at any time after the expiration of the third year of a collective
bargaining agreement.
Rules and regulations.
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02-06-14
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The Governor shall promulgate rules and regulations solely for matters within its jurisdiction,
subject to approval by Tribal Council, necessary for the enforcement and implementation of the
provisions of this Chapter.
02-06-15
Severability.
The provisions of this Chapter are severable. If any provision of this Chapter, or the application
thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the
application to other persons or circumstances shall not be affected thereby.
02-06-16
Sovereign Immunity.
Except as expressly provided in this Chapter for the sole purpose of process before the Governor,
the Pueblo of Isleta reserves its sovereign immunity, and that of its agencies, entities, and
businesses, from legal process and unconsented suit to the fullest extent permitted by law.
02-07
RESERVED – EMPLOYEE GRIEVANCE
03-01-01.
Short Title
TITLE 3
ELECTIONS
03-01
GENERAL PROVISIONS
This Chapter shall be known as and may be cited as the “Elections Code” of the Pueblo of Isleta.
03-01-02.
A.
Definitions
The following definitions shall apply to this Chapter:
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i.
“At-Large Member” of the Election Board means any of the Tribal Member
appointees who are not serving as Pueblo of Isleta employee representatives of either the
Treasurer’s Office or the Census Department and who are not serving as the Secretary of
Tribal Council.
ii.
“Ballot” means an official form showing the names of the offices to be filled at the
nomination or election and the names of the candidates for consideration.
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iii.
“Certify” means the process of the Tribal Council Secretary attesting that an action
has been taken in compliance with the Pueblo of Isleta Constitution and this Code. Tribal
Council need not approve a certification by the Secretary prior to its issuance.
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iv.
“Day” means calendar day unless otherwise indicated. To calculate days for
purposes of this Code: exclude the day of the event that triggers the period; count every
day including intermediate Saturdays, Sundays, and legal holidays thereafter; and include
the last day of the period.
v.
“Incumbent Tribal Council” means the persons holding or acting in the position
that is up for election, regardless of whether they are seeking re-election.
vi.
“Polling” shall mean the procedure to nominate candidates and to vote in any
general, special, or recall election.
03-01-03.
A.
General Applicability
This Code shall only apply to Tribal elections.
B.
Unless explicitly stated otherwise, each provision of this Code shall be generally construed
to apply to the following Pueblo of Isleta elections events: general election nominations, special
election nominations, general elections, special elections, and recall elections.
03-01-04.
Notice Requirements
A.
Posting Locations. All notices required by this Code shall be posted in at least 15 public
locations within the Pueblo.
B.
Format. The format and size of notices shall be at the discretion of the Secretary, under the
advisement of the Elections Board.
C.
Mailed Notice. Mailed notice shall only be required for notices of polling dates, locations,
and elections results, and only to heads of household aged fifty-five years or older and any heads
of household living outside of the Pueblo who do not have an email address on file with the Census
Department.
D.
Electronic Notice. Notice of polling dates, locations, and elections results shall be provided
to Tribal Members electronically by email and text message to the phone number and email address
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on record with the Census Department. Electronic notice shall also be posted to the Pueblo of Isleta
website.
E.
Deadlines to Post.
i.
Notice of a declaration of vacancy requiring a special election shall be posted the
day following the Council’s declaration.
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ii.
Notice of the dates and locations of polling related to any general or special election
shall be posted at least fifteen days prior to the voter registration and nomination event.
This notice shall include the dates and locations of each of the registration/nomination
event and the election event.
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iii.
Notice of the list of candidates eligible for nomination in any general or special
election shall be posted no less than five days prior to the registration/nomination event.
iv.
Notice of the list of nominated candidates for any general or special election shall
be posted by the day after the registration/nomination event; except that for special
elections, if the registration and nomination event is held exactly ten days prior to the
election date, then notice of nominated candidates must be posted immediately after the
polls close. In no instance should notice of nominated candidates be posted fewer than ten
days prior to the election day. The notice of nominated candidates shall include the dates
and location of the election event, even if the same has already been included in prior
notices.
v.
For any recall election, notice of the dates and locations of polling and the elected
official subject to removal shall be posted no less than ten days preceding the date of the
election.
vi.
Notice of elections results shall be posted the day after the election event.
vii.
If election results change due to a recount, notice of the revised results shall be
posted the day after the recount is completed.
03-01-05.
Ballot Requirements
A.
Approved Form. The Tribal Council shall generally establish the form of ballots. Upon
Tribal Council’s determination of such form, the Secretary is authorized to certify ballots for each
polling event.
B.
Voting Machine Compatibility. If an electronic voting system is used, ballots shall be in a
form compatible with the voting machine certified by the Secretary.
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C.
Listing of Candidates. The names of candidates for each Office being voted on shall be
listed in alphabetical order by candidate first name. The Secretary shall determine how the exact
name of each candidate shall appear on the ballot.
D.
Quantity. Ballots shall be generated by the Secretary in sufficient quantity to assure that
each voter whose name appears in the List of Registered Voters may receive a ballot and to address
any ballot errors.
F.
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E.
Paper Ballot. In elections in which an electronic voting system is used, voters may opt to
use a paper ballot that shall be hand counted in lieu of placement into the voting machine. A
maximum of fifty paper ballots will be accepted under this subsection per candidate nomination
and election, unless the Secretary determines to allow additional paper ballots.
Write-In Ballot. A write-in ballot shall be declared invalid and not counted.
Electronic Voting System
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03-01-06.
A.
The Secretary, under the advisement of the Elections Board, may determine to use an
electronic voting and tabulation system for any election. If the Secretary does so, the Secretary
must certify that the voting machine has been tested and approved by a U.S. Election Assistance
Commission accredited laboratory.
B.
If a voting machine becomes inoperable during a nomination or election event, an
alternative voting machine may be used instead. Where no functional voting machine is available,
votes shall be cast by handwriting on the ballot and submitted to poll clerks for entry into the
voting machine’s locked box. All such ballots shall be hand-counted at the close of the election
event.
03-01-07.
Leave Provided to Vote
All employers within the exterior boundaries of the Pueblo of Isleta, including any private
businesses, the Pueblo of Isleta, the Isleta Resort & Casino, the Isleta Pueblo Housing Authority,
and the Isleta Health Center, shall provide employees who are enrolled Tribal Members with two
hours of leave on the day of the Pueblo’s voter registration/candidate nomination event and on the
day of any Pueblo of Isleta election.
03-01-08.
Banished Tribal Members
A.
Tribal Members who have been banished by the Pueblo of Isleta shall only be permitted to
register and vote in-person if accompanied by Pueblo law enforcement. The banished Tribal
Member’s time within the Pueblo of Isleta under this section shall be limited to the time actually
required to register and vote, and their location shall be limited to the polling site and their travel
to and from that site.
B.
It is the responsibility of the banished Tribal Member to make the request to be
accompanied by the Isleta Police Department as required under this section.
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C.
The Isleta Police Department shall be obligated to accompany the banished Tribal Member
as requested under this section any request.
03-02-01.
03-02
ELECTIONS OFFICER AND ELECTIONS BOARD
Tribal Council Secretary as Chief Elections Officer; Powers and Duties
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A.
Powers. The Secretary shall serve as Chair of the Elections Board. The Secretary shall have
supervisory authority over all elections.
B.
Duties. The Secretary shall have the following duties, which shall be performed under
advisement of the Elections Board:
Certify and maintain the Election Procedures Manual for administration of
ii.
Approve all forms and notice templates generated by the Elections Board.
iii.
Delegate elections tasks to the Elections Board.
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i.
this Code.
iv.
Certify candidate eligibility determinations of the Tribal Council and
candidate withdrawals.
v.
Certify an electronic voting system prior to its use in any election.
vi.
Certify voter registration results, candidate nomination results, and
elections results.
vii.
Certify recall petitions.
viii.
Perform any additional duties as directed under the Constitution or
Elections Code.
03-02-02.
Elections Board; Purpose
A.
Advisory Body. The Elections Board shall serve as an advisory body to the Secretary. As
an advisory body, bylaws shall not be required.
B.
Secretary retains Sole Authority. The Secretary shall retain sole supervisory and decisionmaking authority over the Elections Board pursuant to the Secretary’s constitutional authority over
elections.
03-02-03.
A.
Elections Board; Membership Criteria; Term
Board Membership. The Elections Board membership shall consist of seven members total:
i.
Tribal Council Secretary, as Elections Board Chair;
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ii.
One employee from the Census Department, designated by the Department
Director;
iii.
One employee from the Treasurer’s Office, designated by the Treasurer;
iv.
Four at-large positions shall be appointed by Tribal Council and filled by Tribal
Members, except that one of the at-large positions shall be reserved for a young person
between the ages of 18 and 25 years old.
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B.
Term. Except for the Secretary and the youth at-large position, each board member shall
serve until they either withdraw, separate from their employment with the Pueblo if they serve as
either the Census Department or Treasurer designee, or are removed from the Board by Tribal
Council. The Secretary’s term on the Elections Board shall be limited to the Secretary’s term in
office. The youth at-large position shall be vacated once the appointee reaches the age of 26.
Should Tribal Council remove multiple members at one time, the body should strive to retain at
least three board members that have served for at least one election cycle.
03-02-04.
Elections Board; Powers and Duties; Meetings
A.
Powers. The Elections Board is an advisory body without power over the Secretary, except
that the Elections Board shall have the authority to seek relief from Tribal Council for any action
by the Secretary which the Elections Board deems unlawful, as set out in Sections 03-10-01(B)
and 03-10-02(H).
B.
Duties. In addition to the duties assigned to the Board for each quarterly meeting described
in Section 03-02-04(D), the Board shall:
i.
Review the Elections Procedures Manual with the incoming Secretary within
thirty days of the beginning of the Secretary’s term.
ii.
Develop forms and notice templates for approval by the Secretary, which include,
but are not limited to the following:
1.
Certification of Electronic Voting System.
2.
Notice of Vacancy Requiring Special Election.
3.
Declaration of Candidacy Form.
4.
Candidate Withdrawal Form.
5.
Notice of Tribal Council Determination as to Candidate Eligibility Certified.
6.
Notice of Special Election Voter Registration and Candidate Nomination
Date and Polling Place; Election Date and Polling Place.
7.
Notice of General Election Voter Registration and Candidate Nomination
Date and Polling Place; Election Date and Polling Place.
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8.
Notice of Special Election Re-Registration and Candidate Nomination
Results – Certified.
9.
Notice of General Election Voter Registration and Candidate Nomination
Results – Certified.
Notice of Special Election Results – Certified.
11.
Notice of General Election Results – Certified.
12.
Notice of Recall Election Results – Certified.
13.
Notice of Election Results after Recount - Certified
14.
Notice of Disorderly Conduct at Polling Site.
15.
Forms to file a Challenge.
16.
Forms to Appeal a Decision on a Challenge.
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10.
iii.
Recommend the format and sizing of notices for public posting.
iv.
Consult with the following Pueblo officials and departments:
1.
Governor: to coordinate use of facilities for elections purposes.
2.
Surveying & Mapping Department: to identify locations within the
community to post notices.
3.
Treasurer or designee: to complete procurement and acquisition tasks; to
develop the annual budget; and to coordinate use of equipment, such as printers,
scanners, and letter-folding machines.
v.
Serve as poll clerks at all elections events, including voter registration, candidate
nomination, and elections.
vi.
Verify eligibility of voters at registration and at elections.
vii.
Witness and sign electronic voting machine results.
viii.
In the event that paper ballots are requested under Section 03-01-05(E), witness
hand counting of paper ballots.
ix.
In the event that a valid recount request is made under Section 03-10-02(D),
participate in hand counting of all ballots.
x.
Hear appeals of the Secretary’s decision in challenges concerning Errors and
Omissions, in accordance with Section 03-10-02(F)
xi.
Hear challenges concerning Fraud or Corruption by Officials or Fraud or
Corruption by Voter, in accordance with Section 03-10-02(G).
xii.
Appoint one member to monitor voting access issues impacting Pueblo of Isleta
Tribal Members’ participation in elections in other jurisdictions. This appointee shall hold
the title of Elections Access Liaison, who shall:
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1.
Attend and participate in state Native American Elections Task Force
meetings.
2.
Consult with the Pueblo of Isleta Governor on polling locations within the
Pueblo of Isleta, and submitting timely written requests to the state and counties for
polling locations, monitored secured containers, language assistance, and similar
requests.
3.
Consult with the Pueblos of Isleta Governor on any bills presented in state
legislative sessions that restrict voting access.
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4.
Collaborate with voting organizations as appropriate to expand voting
access for Tribal Members.
5.
Provide an annual report to the Tribal Council and Governor detailing any
access issues impacting Tribal Members’ right to vote.
Attend and submit comment to State elections redistricting committees.
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6.
xiii. Staff any other tasks as directed by the Secretary, including but not limited to:
verifying voter eligibility, preparing and posting notices, and preparing for voter
registration and for polling events.
xiv.
C.
Perform any additional duties as directed by the Elections Code or the Secretary.
Duties; Limitations.
i.
Except for elections events which shall be staffed by all board members, the Pueblo of
Isleta employees who serve on the Board shall not be delegated Board tasks to work on
during their ordinary business hours. The Board’s administrative tasks should instead be
delegated to the at-large members.
ii.
The Pueblo of Isleta employees who serve on the Board shall not be appointed to serve as
the Liaison described in Section 03-02-04(B)(xii).
iii.
Except in extraordinary circumstances, Elections Board meetings shall be held outside of
ordinary business hours.
D.
Meetings. The Board shall meet at least quarterly, with more frequent meetings as
determined necessary by the Secretary or to hear a challenge. Meetings of the Board shall be
capped at four hours per day. At the discretion of the Secretary, meetings may last multiple days
if necessary to complete all requisite tasks.
E.
Each year, by the end of the first quarter, the Board shall meet to:
i.
Review and, if necessary, revise all forms and notice templates.
ii.
Review and, if necessary, recommend that revisions to the Elections Procedure
Manual. Such revisions shall take effect upon their adoption by the Secretary.
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iii.
Identify a Board Member to serve as an Elections Access Liaison, in compliance
with Section 03-02-04(B)(xii).
iv.
Issue a recommendation to the Secretary as to whether to use an electronic voting
system and, if so, identify vendors that would be eligible under the criteria of Section 0301-06.
v.
Prepare a form ballot template for submission by the Secretary to Tribal Council
for approval.
Any other actions deemed necessary by the Secretary.
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vi.
vii.
The quarterly deadline for these tasks may be extended as deemed necessary by the
Secretary.
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F.
Each year, by the end of the second quarter, the Board shall meet with the Governor or his
designee and the Treasurer or her designee, to:
i.
Complete procurement and contracting for any necessary vendors, including for
voting machines if feasible, and for stamps/postage for bulk mailing. The Elections Board
shall ensure that all necessary contracts are in effect for the remainder of the fiscal year,
even if no general election will take place that year.
ii.
Determine the equipment that the Board will require throughout the year, including
printers, scanners, and letter-folding machines, and determine whether equipment-sharing
with the Treasurer is appropriate or if the budget should include equipment costs for the
Board;
iii.
Identify appropriate facilities for polling places, to apply to any elections through
the third quarter of the subsequent year;
iv.
Any other actions deemed necessary and appropriate by the Secretary.
v.
The quarterly deadline for these tasks may be extended as deemed necessary by the
Secretary.
G.
Each year, by the end of the third quarter unless an earlier deadline is specified, the Board
shall meet to:
i.
By August 31, 2024, in consultation with the Treasurer or her designee, create a
budget for the subsequent year. The Treasurer’s Office shall submit such budget to the
Tribal Council during their annual budget session. Budget requests shall be in the form
required by the Treasurer and shall include estimates for Board Member stipends, overtime
compensation, administrative costs, and any other additional costs necessary to carry out
the duties of the Elections Board.
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ii.
Determine whether additional poll clerks, aside from the Elections Board Members,
are necessary at upcoming elections events;
iii.
Identify whether early voting shall be permitted and, if so, the applicable procedure
to apply to any elections through the third quarter of the subsequent year.
iv.
In consultation with the Surveying and Mapping department, determine posting
locations throughout the Pueblo for purposes of public notice.
Any other actions deemed necessary by the Secretary.
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v.
vi.
The quarterly deadline for these tasks may be extended as deemed necessary by the
Secretary.
Each year, by the end of the fourth quarter, the Board shall meet to:
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H.
i.
Provide a report to the Tribal Council regarding any elections carried out during the
year, including a report on how the election was administered and a summary of challenges
and their outcomes.
ii.
Review the Elections Code and determine whether revisions are advisable, in which
case such revisions shall be presented to the Tribal Council by the Secretary.
iii.
Recommend whether Constitutional amendments relating to elections access are
advisable, in which case such amendments shall be presented to the Tribal Council by the
Secretary.
iv.
Provide a report to the Tribal Council and Governor on any voting access issues
impeding Tribal Member participation in the elections of other jurisdictions.
v.
Any other actions deemed necessary by the Secretary.
vi.
The quarterly deadline for these tasks may be extended as deemed necessary by the
Secretary.
03-02-05.
Elections Board; Compensation
A.
Compensation. Each Board Member shall be compensated at the rate established by the
Tribal Council, except for Board Members who are also Pueblo of Isleta employees, who shall be
paid either overtime rates or the Board Member compensation rate, whichever is higher, for any
hours worked for elections purposes in excess of their ordinary work schedules.
i.
Board members shall be compensated at an hourly rate for participation in quarterly
and special meetings, for meetings to hear challenges, and for tasks assigned by the
Secretary to prepare for elections or distribute elections results.
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ii.
Board members shall be compensated a daily rate for election events, such as
polling events, voter registrations, candidate nominations, election day, and any necessary
recounts. This rate shall not be less than the hourly rate multiplied by the total number of
hours worked each day.
iii.
In addition to the compensation authorized herein, Pueblo of Isleta employees
serving on the Elections Board shall also be provided with five days of annual leave after
elections are complete.
Elections Board; Vacancy
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03-02-06.
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B.
During election events, Board Members shall not be limited to the four-hour cap applicable
to meetings. Instead, Board Members shall complete duties as assigned by this Code and by the
Secretary each day until the elections event is completed, regardless of the number of hours it takes
to do so.
A.
Vacancy. In the event of a vacancy of one of the at-large Board Members, the Secretary
shall communicate such vacancy to Tribal Council. The vacancy shall be filled by Tribal Council
appointment. In the event of the vacancy of the Census Department representative, the Census
Department Director shall fill the vacancy, unless the Director position is also vacant, in which
case the Governor shall appoint an interim replacement. In the event of the vacancy of the
Treasurer’s Office representative, the Treasurer shall fill the vacancy, unless the Treasurer position
is also vacant, in which case the Tribal Council shall appoint an interim replacement.
B.
Emergency Filling of Vacancy. Where a vacancy impedes the Elections Board’s ability to
carry out registration, candidate nominations, or elections, the Secretary may temporarily fill such
vacancy on an emergency basis, regardless of whether such vacancy is of an at-large member
position or of the Census Department Director or of the Treasurer’s Office representative. The
Secretary may request approval from the Governor to call upon Pueblo of Isleta employees to
assist with Elections Board duties and to effectively fill the vacancy until an official appointment
by Tribal Council.
03-03
CANDIDATES
03-03-01.
Declaration of Candidacy
A.
Candidate declarations shall be due by noon ten days prior to the voter registration and
candidate nomination event.
B.
Candidate declarations shall be on the form required by the Secretary and shall include all
necessary disclosures, as described in Section 03-03-03.
03-03-02.
Candidate Drug Testing – Voluntary Disclosure Repealed
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Drug testing shall neither be required nor offered by the Pueblo of Isleta for any candidates running
for elected Office.
03-03-03.
Mandated Candidate Disclosure - Conflict of Interest
A.
At the time a candidate registers their candidacy, they shall file a statement that they will
not have any conflicts of interest if elected. The candidate shall also disclose any potential existing
conflicts of interest as well as the actions the candidate will take, if elected, to ensure that an actual
conflict will not arise.
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B.
For purposes of this section, a conflict of interest means that a candidate, if elected, would
likely obtain a personal or economic benefit from their official position that would not otherwise
apply to other elected officials or to the general public.
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C.
Serving as an attorney or spokesperson before the Isleta Tribal Court or any Isleta Tribal
Administrative Tribunal shall be considered a conflict of interest per se for any elected and/or
appointed official and shall be strictly prohibited. Any elected official in violation of this provision
shall be eligible for removal for malfeasance in office and/or gross neglect of duty.
03-03-04.
Leave Not Required for Pueblo Employees Running for Office
A.
This section applies to employees of the Pueblo of Isleta, the Isleta Resort & Casino, the
Isleta Health Center, and the Isleta Public Housing Authority. In this section the term “employee”
refers only to employees of these Pueblo entities.
B.
Any eligible employee may declare their candidacy for an elected office of the Pueblo of
Isleta. The employee shall not be required to take leave during their period of candidacy, unless
federal regulations applicable to the position require that such leave be taken.
C.
No employee shall be penalized for running for an elected office within the Pueblo. The
Pueblo employer shall not reduce the employee’s pay, suspend the employee, terminate the
employee, alter the employee’s duties, or otherwise retaliate against an employee for exercising
their right to be a candidate for an elected office within the Pueblo. Notwithstanding this provision:
i.
Employees are prohibited from campaigning for any candidate, including
themselves, during business hours.
ii.
Employees are prohibited from using their position of employment for any personal
gain, including personal gain relating to their bid for candidacy.
iii.
The Pueblo employer may discipline, up to and including through termination, any
employee who violates either (C)(i) or (C)(ii) of this subsection.
D.
If the employee is not successful in their bid for candidacy, they may resume their position
of employment without penalty.
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E.
Upon conclusion of the election, if the employee is successful in their bid for candidacy or
is designated by the electee(s) to serve in an appointed position, the employee shall be provided
with the opportunity to resign. The employee shall not be terminated unless they first decline the
opportunity to resign. The employee’s position shall not be held open for them while they hold
their elected or appointed office.
F.
Nothing herein shall limit or amend the at-will employment policies of any Pueblo of Isleta
entity.
Candidate Eligibility
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03-03-05.
A.
Governor. An enrolled member of the Pueblo of Isleta shall be eligible for election as
Governor if:
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They have lived on the lands of the Pueblo continuously for five years immediately
preceding their candidacy for office; and
ii.
They have never been convicted of a felony; and
iii.
They are at least thirty-five years of age at the time of their election.
B.
Tribal Council Member. An enrolled member of the Pueblo of Isleta shall be eligible for
election as Council Member if:
i.
They have lived on the lands of the Pueblo continuously for five years immediately
preceding their election, provided that this residency requirements shall not apply to
persons otherwise eligible whose absence resulted from military service or attendance at
an institution of learning; and
ii.
They are at least twenty-five years of age at the time of their election.
C.
Eligibility; One Position. No person shall run for both Governor and Tribal Council
positions during the same election.
D.
Eligibility; Term Limit. Pursuant to the Constitution Article IV, Section 9 and Article V,
Section 3, no persons that have served two consecutive full terms shall be eligible to run as a
candidate for either Governor or Tribal Council until they have been out of office at least one full
term. However, the first term of any person elected after a special election shall not count for
purposes of the term limit, as such person will have only served a partial term.
E.
Eligibility; Determination of Place of Residency for Candidate. Tribal Council has the
discretion to consider a number of factors to determine a person’s place of continuous residency
for the purposes of determining candidate eligibility. Factors to consider may include, but shall
not be limited to, the following:
i.
The address listed on official documents.
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ii.
The address listed on Pueblo of Isleta census records.
iii.
The address provided for Pueblo of Isleta distributions.
iv.
An application for lease on Pueblo of Isleta land.
v.
The person’s physical presence within the Pueblo.
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vi.
The person’s participation in community events and traditional activities, provided
that a person’s failure to participate in traditional activities shall not be considered grounds
for disqualification of residency.
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vii.
Periods outside of the Pueblo that have been temporary or transient in nature, such
as vacations, daily work, or seasonal work, should not be considered grounds for
disqualification of residency.
viii.
Whether the person has been assigned land within the Pueblo and, if so, whether the
person routinely maintains the site, whether the person has added permanent improvements
(including utility connections) to the site, whether the person maintains personal possessions at
the site, whether the person receives mail at the site, and/or whether addressing has been added
to the site.
F.
Eligibility; Determination of Tribal Council. No later than the day following the candidate
declaration due date under Section 03-03-01(A), the Tribal Council shall meet to determine the
eligibility of each candidate based on the forgoing requirements. The Secretary shall certify the
determination of the Tribal Council and shall post notice of the same at least five days prior to the
voter registration and candidate nomination event.
G.
Ineligible Candidates; Notice and Opportunity for Hearing. Candidates deemed ineligible
by Tribal Council shall be provided with written notice of the Council’s decision and an
opportunity to be heard in the next regular Tribal Council meeting, unless Tribal Council
determines that an earlier special meeting is required. The candidate may bring witnesses and any
documentary evidence to demonstrate their eligibility. The Tribal Council shall determine through
public vote during the Tribal Council meeting whether the candidate is eligible. In the event the
Tribal Council determines a candidate originally deemed ineligible is in fact eligible, the Secretary
shall issue an updated notice as soon as is reasonably feasible, but no later than the day prior to the
voter registration and candidate nomination event. Tribal Council shall also provide written notice
of its decision to the candidate within fourteen days of the hearing.
03-03-06.
A.
Candidate Withdrawal or Death
Any candidate may voluntarily withdraw their Declaration of Candidacy at any time.
B.
To withdraw, a candidate shall complete the Candidate Withdrawal Form, which shall be
certified as accepted by the Secretary upon the Secretary’s receipt. The Secretary shall
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immediately inform the Election Board of the withdrawal. The Secretary shall inform Tribal
Council of the withdrawal at the next regularly scheduled Tribal Council meeting.
C.
Upon a candidate’s withdrawal, the Secretary, with the administrative assistance of the
Elections Board, shall issue updated notices and ballots if there is sufficient time prior to the
subsequent nomination or election date to do so. If there is insufficient time to issue revised notices
and ballots, notice of the withdrawal will be posted at the election site and any votes for the
withdrawn candidate will be null and void.
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D.
Upon a candidate’s death, the Secretary, with the administrative assistance of the Elections
Board, shall issue updated notices and ballots if there is sufficient time prior to the subsequent
nomination or election date to do so. If there is insufficient time to issue revised notices and ballots,
notice of the death will be posted at the election site and any votes for the deceased candidate will
be null and void.
03-04
EARLY VOTING
03-04-01.
Early Voting
A.
Under the advisement of the Elections Board, the Secretary may conduct early voting for
any election.
B.
Early voting shall only be permitted for voters that registered in-person during the
applicable voter registration and candidate nomination event.
i.
For special elections, only voters that registered in the preceding general election
and in the special election’s re-registration event shall be eligible to participate in early
voting.
ii.
For recall elections, only voters that registered in the preceding general election
shall be eligible to participate in early voting.
C.
If early voting is permitted for an election, it shall begin no earlier than ten days prior to
the election day and shall end no later than the day before the election date. Dates, locations, and
hours of early voting shall be at the discretion of the Secretary, under the advisement of the
Elections Board.
D.
The Census Department representative of the Elections Board shall staff the early voting
station in order to verify voter eligibility and to record the submission of an early voting ballot.
E.
Ballots cast under early voting shall be placed in a locked box monitored by the Census
Department representative during voting hours. The ballot box shall be secured within the Isleta
Police Department outside of voting hours.
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F.
Any person who has voted by early ballot shall not be permitted to vote in person on the
election day for which they have cast an early ballot. In the event that multiple ballots are submitted
by the same voter, all of that voter’s ballots shall be invalid.
03-05
POLLING PLACES - CONDUCT, SUPERVISION, AND ACCESSIBILITY
03-05-02.
Maintenance of Order
The Elections Board shall act as poll clerks during all nomination and elections events.
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03-05-01.
Hours of Operation
Polling places for all nominations and elections shall be open between the hours of 8:00 a.m. and
7:00 p.m. All voters present at the polling place and in line to vote at 7:00 p.m. shall be permitted
to vote.
B.
Poll clerks shall maintain order and provide instruction to voters.
C.
Poll clerks shall enter each voter in the poll books and shall issue ballots.
D.
The Secretary shall have supervisory authority over the poll clerks in maintaining order
and instructing voters, except that this supervisory authority shall not extend to any disciplinary or
other personnel actions against the Pueblo of Isleta employees appointed to the Board. Such
Constitutional duty to manage Pueblo of Isleta personnel shall be retained by the Governor
E.
The Secretary shall resolve any challenges brought to their attention during voting hours
relating to voting machine errors or dysfunction, procedures instituted by the poll clerks, signage
at the election site, and forms used by the poll clerks, pursuant to Section 03-10-02(F).
F.
The Tribal Sheriff need not be present at a polling place, unless the Governor determines
that the Sheriff’s presence is necessary to maintain public safety. In such an event, the Sheriff shall
be neutral, discrete, and foster a welcoming environment.
G
An Isleta Police Department Officer shall be present at each polling place during voting
hours in order to ensure public safety and to remove and/or arrest any person who threatens public
safety or otherwise violates the criminal laws of the Pueblo of Isleta. The Isleta Police Department
Officer shall be neutral, discrete, and foster a welcoming environment.
H.
Electioneering Prohibited. No person shall campaign or discuss candidates within 100 feet
of the polling place while registration, nomination, or elections are taking place. The Secretary and
poll clerks shall inform the public of their inability to answer any personal questions or to provide
opinions about any of the candidates.
I.
Disorderly Conduct Prohibited. No photography or recording shall be permitted within 100
feet of the polling place. No harassment, intimidation, or other disorderly conduct shall be
permitted within 100 feet of the polling place. No loitering shall be permitted within 100 feet of
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the polling place. Individuals, including poll watchers, in violation of this section shall be subject
to removal and/or arrest by the Isleta Police Department.
03-05-03.
Access for Voters with Disabilities
A.
Voters with disabilities who are unable to physically walk from their vehicle to the polling
place shall receive registration and voting assistance from poll clerks. Voters must park their
vehicles at the polling location where the poll clerk will allow them to vote from their vehicle
using the procedures defined in this section.
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B.
Voter Registration. To assist voters with disabilities with registration, poll clerks shall
manually retrieve an identification card from a voter in their vehicle. The poll clerk shall bring the
voter’s identification card to the Census Department representative of the Elections Board at the
polling place for purposes of determining the voter’s eligibility to register.
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C.
Candidate Nomination. Upon the determination by the Census Department representative
of the Elections Board that the voter is eligible to register, the poll clerk shall bring the registration
book to the voter’s vehicle for the voter’s signature, as well as the nomination ballot. After the
voter signs the registration book, the poll clerk shall provide the nomination ballot to the voter,
who may cast their candidate nomination through handwritten ballot. The poll clerk shall then
bring such handwritten ballot to the voting machine for submission. The poll clerk shall be
accompanied by an Isleta Police Department officer.
D.
Election. On election day, the poll clerk shall manually retrieve an identification card from
a voter in their vehicle. The poll clerk shall bring the voter’s identification card to the Census
Department representative of the Elections Board at the polling place for purposes of determining
the voter’s registration status and eligibility to vote. Upon determining that the voter is registered,
the poll clerk shall bring the voter registration book to the voter’s vehicle for the voter’s signature,
as well as the election ballot. After the voter signs the registration book, the poll clerk shall provide
the election ballot to the voter, who may cast their vote through handwritten ballot. The poll clerk
shall then bring such handwritten ballot to the voting machine for submission. The poll clerk shall
be accompanied by an Isleta Police Department officer.
03-05-04.
Poll Watchers
A.
Any registered voter, including candidates, may serve as a poll watcher. No prior notice to
the Secretary or Elections Board shall be required. However, no member of the Elections Board
or Tribal Council may act as a poll watcher.
B.
Poll watchers are permitted to observe the poll clerks and voters during any voter
registration, candidate nomination, and elections. Poll watchers shall remain in the area designated
by the Elections Board during polling.
C.
Poll watchers shall not speak to voters while they are registering or voting.
D.
Poll watchers shall not speak to anyone about candidates while at the polling site.
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E.
Poll watchers are prohibited from filming or taking photography at the polling site and
during the vote count.
F.
At the close of polling, poll watchers are permitted to observe poll clerks obtain tabulations
from electronic voting machines. Poll watchers shall be permitted to be in the room while
electronic voting system results are tallied and to be positioned such that they can monitor the
tabulation. Their exact placement at all times shall be at the discretion of the Secretary.
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G.
In the event of a hand count, including a recount, poll watchers may be permitted to observe
the poll clerks engaging in such count, but shall not be permitted to review each individual ballot.
Their exact placement at all times shall be at the discretion of the Secretary, who may determine
that poll watchers may not be permitted on-site due to space constraints but may be provided
remote viewing access, in accordance with Section 03-06-02.
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H.
Poll watchers are prohibited from interfering with voting or with the poll workers’
performance of elections duties, including counting and tallying. Any harassment of a voter or poll
clerk shall result in the removal of the poll watcher from the polling location for the remainder of
the day.
I.
A poll watcher may file any challenge authorized under Section 03-10-01(A).
03-06
COUNTING AND TALLYING
03-06-01.
Initial Counting and Tallying
A.
Electronic Voting System – Counting and Tallying. For all nominations and election
events, after the polling places close, results shall be counted by the voting machine and signed by
the poll clerks that were present for the tabulation. If an electronic voting machine is used, the
voting machine’s results shall serve as the primary and official basis for counting and tallying
ballots deposited into the voting machine.
B.
Paper Ballots – Counting and Tallying. When hand counting ballots is required, poll clerks
shall tabulate the ballots and add such count to the certified results of the electronic voting system,
with the Secretary certifying the final result. Hand counting paper ballots shall only be required
when:
i.
A dysfunctional electronic voting system requires the use of paper ballots.
ii.
Handwritten ballots are submitted through early voting under Section 03-04-01.
iii.
Paper ballots are requested under Section 03-01-05(E).
C.
Hand counting results from the electronic voting system shall not be required unless a valid
recount challenge is timely made under Section 03-10-02(D).
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D.
Certification of Results. The Secretary shall certify the results of each nomination event
and election. Tribal Council need not approve a certification by the Secretary prior to its public
posting.
03-06-02.
Recount Method
A.
Upon a valid recount challenge submitted according to Section 03-10-02(D), all ballots
shall be hand counted by the Secretary and poll clerks.
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B.
Hand counting for purposes of a recount may, at the Secretary’s discretion, take place at a
different location than the initial count in order to accommodate the Board’s need for additional
space. At the Secretary’s discretion, poll watchers may be excluded from in-person monitoring of
hand recounts, in which case the opportunity for remote or virtual monitoring may be provided if
the Secretary has access to the necessary equipment and technology to do so.
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03-07
VOTER REGISTRATION AND CANDIDATE NOMINATIONS
03-07-01.
Voter Registration Co-Occurs with Candidate Nomination; Location; Date.
A.
For all special and general elections, voter registration shall be held on the same day as
candidate nomination. Voters shall be eligible to register for a special election only if they
registered in the preceding general election.
B.
For general elections, the Secretary, under advisement of the Elections Board, shall
designate voter registration locations within the Pueblo, which shall be operational during the
hours of 8:00 a.m. to 7:00 p.m. on the last consecutive Saturday and Sunday of October.
C.
For special elections, the Secretary, under advisement of the Elections Board, shall
designate a date and registration place at a public location within the Pueblo, which shall be
operational during the hours of 8:00 a.m. to 7:00 p.m., at least ten days prior to the special election
date.
D.
No Registration Date Prior to Recall Election. No separate voter registration event will take
place prior to a recall election, as only those voters who registered in the prior general election are
eligible to vote in any recall election.
03-07-02.
Voter Registration
A.
List of Eligible Voters. Prior to the voter registration and candidate nomination event, the
Census Department representative of the Elections Board shall provide the Secretary with the list
of Tribal Members who are eligible to register to vote.
i.
For general elections, any enrolled member of the Pueblo of Isleta aged 18 years or
older on the date of election shall be eligible to register to vote.
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ii.
For special elections, only those persons who registered to vote in the preceding
general election are eligible to register to vote.
03-07-03.
Procedure at Voter Registration and Candidate Nomination Event
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A.
Upon entry at the polling site, each individual shall provide sufficient information to the
poll worker to identify themselves as an eligible voter. The poll worker may request the voter’s
date of birth, address, and Census Enrollment I-number. The poll worker may require photo
identification if inadequate information is provided and if the poll worker is unable to identify the
voter on the Census Department’s list of Tribal Members eligible to register to vote.
B.
Upon confirmation by the poll worker that the voter is eligible to register, the voter shall
sign the voter eligibility book to confirm and record their registration.
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C.
The Census Department representative appointed to the Elections Board shall have the
authority to determine whether an individual is eligible to register to vote. Such decision is final.
No provisional ballots shall be issued to individuals deemed ineligible to vote.
D.
All persons that register to vote shall have the opportunity to cast their ballot to nominate
candidates on the same day and at the same location as the voter registration event.
03-07-04.
Nomination Results Notice – Certified by Secretary.
A.
General Elections; Nominated Candidates. In general elections, the two candidates
receiving the greatest number of votes for Governor shall be the only final candidates for the Office
of Governor. The top 14 persons receiving the greatest number of votes for Tribal Council shall
be the only final candidates for the seven positions for Tribal Council. If an electronic voting
system is used, the results shall be signed by the poll clerks that were present for the count and
certified by the Secretary. Tribal Council need not approve a certification by the Secretary prior
to its issuance.
B.
Special Elections; Nominated Candidates. In special elections, the three candidates
receiving the greatest number of votes shall be the only final candidates. If an electronic voting
system is used, the results shall be signed by the poll clerks that were present for the count and
certified by the Secretary. Tribal Council need not approve a certification by the Secretary prior to
its issuance.
C.
Notice. Upon tabulation of nomination ballots, the Secretary shall prepare public notice of
the nomination results. The public notice shall list the nominated candidates in alphabetical order
for each Office. The public notice shall also include the number of votes each candidate received,
including for those candidates that were not nominated. The public notice shall also provide the
total number of voters that registered at the nomination election.
D.
Deadline to Post Notice. Notice of nomination results shall be posted no later than the day
following polling; except that in a special election, if the re-registration and nomination event
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occurs exactly ten days prior to the special election, the notice of nomination results must be posted
the same day as the nomination event.
03-08
CONDUCTING SPECIAL AND GENERAL ELECTIONS
03-08-01.
Election Date
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A.
General Election Dates. A general election shall be held on the Saturday following
Thanksgiving of each even numbered year for the purpose of electing a Governor and Tribal
Council members.
B.
Special Election Date. Special elections shall be held within thirty days following the date
upon which Tribal Council declares a vacancy pursuant to the Pueblo of Isleta Constitution. The
Elections Board shall designate the date of the special election in conformity with this Code.
Elections Procedures
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03-08-02.
A.
List of Registered Voters. Prior to the election, the Census Department representative of
the Elections Board shall provide the Secretary with the list of registered voters.
B.
Voter Sign-In. Registered voters shall be required to sign-in upon entering the polling
location. Only persons already registered to vote shall be permitted entry at the polling site.
C.
Eligibility as a Registered Voter. Any dispute as to whether a person attempting to sign-in
is in fact a registered voter shall be resolved by the Census Department representative of the
Elections Board. Such decision is final. No provisional ballots shall be issued to individuals
deemed ineligible to vote by the Census Department.
03-08-03.
Election Results – Notice Certified by Secretary.
A.
General Election; Winning Candidates. For general elections, the candidate receiving the
greatest number of votes for the position of Governor shall be the winning candidate. The top
seven candidates for Tribal Council receiving the greatest number of votes shall constitute the
Tribal Council. If an electronic voting system is used, the results shall be signed by the poll clerks
that were present for the count and thereafter shall be certified by the Secretary. Tribal Council
need not approve a certification by the Secretary prior to its issuance.
B.
Special Election; Winning Candidate. For special elections, the candidate receiving the
greatest number of votes for the position shall be the winning candidate. If an electronic voting
system is used, the results shall be signed by the poll clerks that were present for the count and
thereafter shall be certified by the Secretary. Tribal Council need not approve a certification by the
Secretary prior to its issuance.
C.
Notice. Upon tabulation of election ballots, the Secretary shall prepare public notice of the
election results. Those elected to Tribal Council shall be listed in alphabetical order. The public
notice shall also include the number of votes each nominated candidate received.
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D.
Deadline to Post Notice. Notice of election results shall be posted no later than the day
following the final day of polling.
03-08-04.
Tie Vote
When Conducted
03-09
RECALL ELECTIONS
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03-09-01.
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In the event of a tie in any election, the incumbent Tribal Council shall decide the winner by lot
using a methodology of random chance. The Tribal Council shall do so in the next regularly
scheduled Tribal Council meeting occurring after either the deadline for a recount challenge under
Section 03-10-02(D), or after a recount is completed, whichever is later. No challenge as to the
Tribal Council’s determination of the winner of a tie vote determined by lot shall be permitted.
A.
The purpose of a recall election is to determine whether an elected official should be
removed from their position in Office.
B.
A recall election shall be held when either:
i.
Pursuant to Article VII, Sec. 2(a) of the Constitution, the Tribal Council has voted
by no less than a two-thirds vote to remove and recall an elected official based on
malfeasance in office or gross neglect of duty and thereafter voted by no less than a twothirds vote to hold a referendum election; or
ii.
Pursuant to Article VII, Sec. 3 of the Constitution, the requisite number of voters
present to Council a petition for recall of an elected officer based on malfeasance in office
or gross neglect of duty.
03-09-02.
Procedure, Election Dates, Voter Participation Thresholds
A.
Recall Petition; Number of Signatures Required. In order to be certified by the Secretary,
a petition by voters for the recall of an elected official shall require the signatures of at least 25%
of the voters registered to vote in the preceding general election.
B.
Recall Petition; Certification Procedure. A recall petition shall be filed with the Secretary,
who shall present the same to the Elections Board in a special meeting held within ten days of the
petition’s filing. In the Elections Board meeting, the Census Department representative of the
Elections Board shall first verify the names and registration status of voters that signed the petition.
Based upon that review, the Elections Board shall recommend that the Secretary certify the recall
petition as either sufficient or insufficient to trigger a recall election. If the recall petition is
certified by the Secretary as sufficient, a recall election must be held within twenty-five days of
the petition’s filing with the Secretary. The Elections Board shall immediately identify the polling
location and the Secretary shall post notice as soon as is fe
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