# isl op (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apueblo_isleta%3A2c11a947bd81b59b ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text sle ta Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta TITLE 04 – TAXATION Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 04-03-09. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 10-07 – DISPOSAL, LIQUIDATION, SURPLUS 10-07-01. General Terms sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 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 Page 10 of 310 sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Page 14 of 310 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 sle ta 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 Page 15 of 310 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 sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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: Page 16 of 310 • 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. sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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; Page 17 of 310 • 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 Page 18 of 310 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 sle ta • • • • • • • • • • Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Page 19 of 310 • • • • • • 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 Page 20 of 310 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 sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 21 of 310 See Ordinance on Paternity Determinations, enacted September 25, 2012 by Resolution 2012034A. 01-01-21. Determination of Heirs Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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. Page 22 of 310 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. sle ta 01-02 PERSONAL INJURY ACTIONS Applicability Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 Page 24 of 310 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. sle ta 02-01 PUEBLO OF ISLETA GOVERNMENTAL CLAIMS ACT Short Title Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 25 of 310 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 sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Page 26 of 310 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. sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI I. 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 Page 27 of 310 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 sle ta 02-02 RESERVED Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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; Page 28 of 310 “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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 Page 29 of 310 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: Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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. Page 30 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 – Page 31 of 310 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 – Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI A. sle ta i. 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. Page 32 of 310 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; Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI A. Entitlement to Leave sle ta 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 Page 33 of 310 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. sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI i. 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. Page 34 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 02-05-06 sle ta 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. Page 35 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 – sle ta 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 Page 36 of 310 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. sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 37 of 310 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 sle ta 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 – Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI A. 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; Page 38 of 310 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; sle ta 3. An individual employed by the Pueblo of Isleta Gaming Regulatory Agency; Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 – Page 39 of 310 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; sle ta 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; Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 40 of 310 “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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 – Page 41 of 310 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI i. sle ta 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. Page 42 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 – Page 43 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta i. 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. Page 44 of 310 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 – Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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. Page 45 of 310 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: sle ta i. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 46 of 310 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. sle ta i. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 47 of 310 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 – Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI i. sle ta 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 Page 48 of 310 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. sle ta iii. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 – Page 49 of 310 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 – sle ta iii. 1. The collective bargaining agreement has been effect for more than 3 years; or Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 – Page 50 of 310 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. sle ta 02-06-14 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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: Page 51 of 310 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. sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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 Page 52 of 310 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. sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 53 of 310 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. sle ta 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 Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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. Page 54 of 310 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 sle ta 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI 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; Page 55 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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. Page 56 of 310 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. Pr isl op et er ap ty ue Pu bl eb o. lo co o m fI sle ta 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apueblo_isleta%3A2c11a947bd81b59b. Public record. Not legal advice.