LS-24-02_version 5.4

Tribal code

Ask Donna

What actually matters in this document.

Text

TITLE 17

SOUTHERN UTE INDIAN TRIBAL CODE

EMPLOYMENT RIGHTS CODE

Article 1. GENERAL PROVISIONS AND PURPOSE

17-1-101.

Title. This Code shall be known as the Southern Ute Tribal Employment Rights

Code.

17-1-102.

Purpose. The purpose of this Code is to promote the employment of Indians

Native Americans, in accordance with federal law, on or near the Southern Ute

Indian Reservation; to provide for Indian Native American preference in

employment in accordance with federal law; to assist Employers, Contractors and

subcontractors in the fair employment of Indians Native Americans on or near the

Reservation; to provide a contracting preference for Indian Native American

owned businesses; to prevent discrimination, unlawful, or Unfair hiring practices

against Indians Native Americans in the employment practices of by Employers

within the jurisdiction of the Tribe on Tribal land; and to establish a Tribal

Employment Rights Commission and Office to further these objectives.

17-1-103.

Definitions.

(1)

“Commission” means the Southern Ute Indian Tribal Employment Rights

Commission.

(2)

“Commissioner” means a duly appointed member of the Commission.

(3)

“Compliance agreement" means the document completed by a Covered

Employer, on the form provided by TERO that contains the Covered

Employer's compliance obligations and deadlines for a particular Contract

or project.

(4)

“Construction work” or “Construction” means services OR labor, or

materials or a combination, provided for development, construction, or

maintenance work for residential, commercial, industrial, oil and gas

operations, and infrastructure. Construction work includes but is not

limited to, doing one or more of the following:

(a)

Engineering or erecting any new structure, dwelling, or building;

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(b)

Remodeling, converting, renovating, altering, assembling, fittingout, commissioning, de-commissioning, removing, dismantling,

demolishing, repairing, or maintaining, including painting,

decorating, and landscaping;

(c)

Preparing land or area, including but not limited to site clearance,

exploration, investigation (but not site survey), excavation, and the

laying or installing of the foundations; and

(d)

Work carried out on any infrastructure, equipment, support

facilities, including the installation, commissioning, maintenance,

repair, or removal of mechanical, electrical, gas, compressed air,

hydraulic, telecommunication, computer system or similar

services.

(3)(5) “Contract” or “Contracts” means all contracts and subcontracts, including,

but not limited to, contracts for supplies, services and equipment.

(4)(6) “Contractor” means a Person performing work pursuant to Contracts or

subcontracts.

(5)(7) “Covered Employer” means an Employer doing business within the

exterior boundaries of the Reservation, on land subject to the jurisdiction

of the Tribe, who employs for wages 5 or more persons. The term

“Covered Employer” excludes federal, state and county governmental

entities, but includes the Tribe, except as otherwise provided herein.

Regardless of the Federal Employer Identification Number used for

particular employment positions within their organizations, for purposes

of this Code, the Growth Fund, Sky Ute Casino, and Shared Services shall

each be deemed separate Covered Employers with respect to employment

or contracting occurring within the boundaries of the Reservation on land

subject to the jurisdiction of the Tribe who employs for wages 5 or more

Persons doing Construction work, as defined by this Code, doing business

with the Permanent Fund, the Growth Fund, Sky Ute Casino, Southern Ute

Shared Services (SUSS), and any other Tribal entity, on Tribal land within

the exterior boundaries of the Reservation.

(a)

The term “Covered Employer” excludes:

(i)

Federal, state, county, and municipal governmental entities;

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(b)

For Articles 4 (Preference in Employment), 5 (Preference in

Contracting), and 7 (Reporting) the term “Covered Employer”

includes the Tribe, its departments, agencies, and organizations,

except as otherwise provided herein. Regardless of the Federal

Employer Identification Number used for particular employment

positions within their organizations, for purposes of this Code, the

Permanent Fund, the Growth Fund, Sky Ute Casino, and SUSS

shall each be deemed ARE separate Covered Employers with

respect to FOR employment or contracting PURPOSES occurring on

Tribal Land.

(c)

For Article 8 (Fees), the term "Covered Employer" shall DOES not

include Tribal entities, including departments, agencies, and

organizations when the Tribal entity is doing CONSTRUCTION work

itself, but it shall DOES include any Covered Employer doing

CONSTRUCTION work for a Tribal entity ENTITIES INCLUDING BUT

NOT LIMITED TO THE PERMANENT FUND, THE GROWTH FUND, SKY

UTE CASINO, AND SUSS.

(d)

This Code shall not apply to any Employer not determined to be a

Covered Employer by TERO under this Code.

(6)(8)“Employee” means any individual, natural Person employed for

remuneration. any Person paid for work or service.

(7)(9)“Employer” means a Person that has Employees as defined by this Code

that has Employees.

(10) “First Descendant” means the UNENROLLED biological child of at least one

parent who is an enrolled Southern Ute Tribal Member.

(10)(11)“Local Indian Native American” means an Indian a Native American

residing on or near the Reservation or within a 100-mile radius of the

TERO Office, who has so resided for not less than 6 months prior to

commencement of, or application for, employment with a Covered

Employer or not less than 6 months prior to application as an Indian a

Native American Owned Business.

(11)

“Near the reservation” means within reasonable commuting time to the

Reservation of not more than 2 hours.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(8)(12) “Indian Native American” means an individual, a natural a Person who is

an enrolled member of a federally recognized Indian Native American

Tribe.

(9)(13) “Indian Native American Owned Business” means any commercial,

industrial, or other business in which 51% or more of the ownership is

held by, and 51% or more of the actual management and control is

exercised by a Local Indian Native American(s) or Local Indians NonLocal Native Americans, and which is so certified in accordance with

Article 6 herein.

(14)

“Nondisclosable Confidential Business Information" means privileged ,

classified, or specific information of a type for which there is a clear and

compelling need to withhold from disclosure, such as trade secrets,

processes, operations, or apparatus that have commercial value,

identification of customers, inventories, amount or source of income,

profits, losses, or expenditures, or information that the Covered Employer

has a contractual obligation to protect, the disclosure of which is likely to

cause substantial harm to the competitive position of the Covered

Employer.

(15)

“Non-Local Native American” means a Native American residing within a

500-mile radius from the TERO Office.

(12)(16) “Person” means both natural persons and artificial persons, including but

not limited to, corporations, partnerships, limited liability companies,

unions, societies, sole proprietorships, joint ventures and trusts.

(13)(17) “Qualified Indian Native American Applicant” means an Indian a Native

American applicant for employment who meets the minimum mandatory

requirements of a position and is capable of performing those

requirements as they are stated by the Employer in a written job

description or written policies, including factors for the determination of

general suitability, such as previous employment job history and criminal

history, as minimum mandatory requirements; provided, however, that

such established requirements may not include non-job related

requirements that have an improper unfair or unlawful discriminatory

impact on Indian Native American applicants.

(14)(18) “Reservation” means the Southern Ute Indian Reservation.

(15)(19) “TERO” means the Tribal Employment Rights Office.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(16)(20) “Tribal Council” means the Southern Ute Indian Tribal Council.

(17)(21) “Tribal Court” means the Southern Ute Tribal Court.

(22) "Tribal land" for the purposes of this Code, means Tribal trust land, Tribal

fee land, and Indian allotments within the exterior boundaries of the

Reservation, which includes any right-of-way bounded on both sides by

these lands. If any portion of the work done by a Covered Employer

occurs on Tribal land, that Employer is covered by this Code.

(18)(23)“Tribe” means the Southern Ute Indian Tribe.

(24)

“Unfair hiring practice” means any discriminatory or biased method used

during the recruitment and selection process that unjustly disadvantages a

candidate based on characteristics unrelated to their qualifications or

ability to perform the job.

(19)(25)“Union” or “labor organization” means an organization, combination or

association in which Employees participate, or by which Employees are

represented, and which exists for the purpose, in whole or in part, of

dealing with Employers concerning grievances, labor disputes, wages,

rates of pay, hours or other terms and conditions of employment.

17-1-104.

Application. The Tribe has chosen to apply the TERO Code to the lands and

properties described in this Code solely for administrative purposes. The Tribe

may amend the Code to include additional lands and properties subject to the

Tribe's jurisdiction in the future. Nothing in this Code is intended to restrict,

amend, or otherwise limit the Tribe's jurisdiction or sovereign powers within the

exterior boundaries of the Reservation.

Article 2. TRIBAL EMPLOYMENT RIGHTS OFFICE

17-2-101

Establishment. TERO is hereby created as a division of the Tribe, responsible

for the implementation and enforcement of the provisions of this Code.

17-2-102

Functions. TERO shall have the following responsibilities:

(1)

To implement and enforce the established rules and regulations governing

the activities of TERO.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(2)

To assist Indians Native Americans seeking or applying for employment

with job counseling and referrals to training programs.

(3)

To cooperate with federal agencies to enforce applicable federal

antidiscrimination statutes and regulations, eliminate hiring

discrimination, eliminate unlawful or Unfair hiring practices against

Indians Native Americans, and enforce federal Indian Native American

preference requirements on lands subject to the Tribe’s jurisdiction.

(4)

To process requests by Employers for Indian Native American Employees.

(5)

To receive, process and investigate informal complaints regarding

employment discrimination, or unlawful or Unfair hiring practices on

lands subject to the Tribe’s jurisdiction Tribal land.

(6)

To assess penalties, pursuant to a table of penalties approved by the

Commission, from any Indian Native American Owned Business or

Covered Employer who fails to comply with the reasonable instructions of

TERO.

(7)

To issue probationary certifications and to make recommendations to the

Commission concerning final certification or decertification of businesses

as Indian Native American-Owned Businesses.

(8)

To maintain a list of TERO-certified Indian Native American-Owned

Businesses and to review their status with the Commission on an annual

basis.

(9)

To advise the Director of TERO and recommend review of Indian Native

American-Owned Businesses whose eligibility for certification becomes

questionable based on ownership or performance on Contracts.

(10)

To establish and maintain a skills bank to assist Employers by referring

Qualified Indian Native American Applicants for available job positions.

(11)

To file formal complaints with the Commission as set forth herein.

(12)

To coordinate with the Personnel/Human Resource Departments of the

Tribe, INCLUDING THE PERMANENT FUND, the Growth Fund, SUSS, and

SKY UTE CASINO, as well as the Tribal Higher Education Department, to

determine and address training needs for Indians Native Americans and

Indian Native American-Owned Businesses.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-2-103

(13)

To take such other actions as are necessary to achieve the purposes and

objectives of this Code; provided, however, that no significant new

program or component of a program may be introduced, or program or

component of a program significantly expanded, without prior approval of

the Tribal Council.

(14)

To account properly for the TERO fees assessed and collected pursuant to

Article 8 of this Code, to prepare proposed budgets for use of those fees in

accordance with the purposes of this Code, and to use such funds as

appropriated by the Tribal Council for the uses designated by the Tribal

Council.

Director. The Director of TERO shall be hired in accordance with Southern Ute

Tribal Personnel Policies and Procedures. The TERO Director shall have the

following responsibilities:

(1)

To administer all TERO programs.

(2)

To hire and supervise TERO Employees pursuant to the Southern Ute

Tribal Personnel Policy and Procedures.

(3)

To process Indian Native American-Owned Business applications and

issue probationary certifications when the applicants meet all of the

requirements set forth in Article 6.

(4)

To issue recommendations to the Commission for decertification of a

listed Indian Native American-Owned Business when qualifications

supporting its listing no longer exist, based on ownership, management or

location, or when such business no longer meets the qualifications for

listing based upon its job performance history.

(5)

To obtain funds from federal, state, or other sources to carry out the

purposes of TERO.

(6)

To present to the Tribal Council such reports as the Tribal Council may

require, including reports on TERO’s activities on at least a quarterly

basis.

(7)

To assist Covered Employers in pursuing whatever corrective actions are

necessary for such Covered Employers to come into compliance with the

requirements set forth in this Code or with Commission rules and

regulations.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

Article 3. TRIBAL EMPLOYMENT RIGHTS COMMISSION

17-3-101.

Establishment of Commission.

(1)

The Commission is hereby established to carry out the powers and duties

set forth in this Code.

(2)

Commission Commissioners members shall be appointed by the Tribal

Council and shall serve until resignation or replacement. The membership

Commission shall be composed of the following 5 regular members

Commissioners, one Ex Officio Tribal Council member, and one alternate

who shall each be enrolled members of the Southern Ute Indian Tribe. At

least 3 Commissioners shall be enrolled Southern Ute Indian Tribal

members. The Commission must make best efforts to include:

(a)

One member Person with tribal regulatory knowledge and

experience;

(b)

One member Person with knowledge and experience in tribal

energy resource development;

(c)

One member Person with knowledge and experience in tribal

economic development; and

(d)

Two members Commissioners at-large who are not currently

employed by the Tribe or a tribal entity or division and who do not

have an ownership interest in or are employed by a certified Indian

Native American Owned Business.

(e)

One Person that may serve as an alternate;

(f)

A Tribal Council member who may serve as an Ex Officio

Commissioner, but not as TERO Commission Chairman, and shall

not be entitled to vote on matters before the Commission. The

Tribal Council member shall be selected by the Tribal Council,

shall serve for the duration of their Tribal Council term, unless the

Tribal Council removes them from Commission before their

Council term expires, and shall not be subject to the term or

removal provisions of this section; and

(g)

AT LEAST ONE FIRST DESCENDANT OF AN ENROLLED MEMBER OF

THE TRIBE.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(3)

The Chairman of the Commission shall be designated by the Commission

and shall preside over all meetings of the Commission. The Commission

Chairman shall be entitled to vote on all matters before the Commission

the same as other members.

(4)

Three members of the Commission Commissioners shall constitute a

quorum.

(5)

Commission Commissioners members shall disqualify themselves from

proceedings in cases that present a conflict of interest.

(6)

When a Commissioner has been disqualified with regard to a matter

before the Commission, the Chairman of the Commission may substitute

an alternate with similar qualifications to serve as a Commissioner for that

particular matter.

(7)

Commissioners who are not otherwise compensated by the tribe by

Contract or through employment shall be compensated at the same daily

rate as Gaming Commissioners.

(8)

Employees of the Tribe may be appointed by Tribal Council to serve as

temporary Commissioners when there are Commission vacancies and

there is a need to conduct Commission duties.

17-3-102.

Term of Appointment of Commissioners. Commissioners shall be appointed to

3-year staggered terms; provided, however, that each Commissioner shall serve

until reappointed or a successor is appointed. The beginning date of a term shall

be fixed and shall not change based on the actual date of appointment, even if that

means the Commissioner serves less than a full 3-year term.

17-3-103.

Removal. A Commissioner may be removed by a majority vote of the Tribal

Council for neglect of duty, failure to attend meetings or other good cause

demonstrating a Commissioner’s unfitness for continued service.

17-3-104.

Powers of the Commission. The Commission shall have the following

responsibilities:

(1)

To promulgate and implement such written rules and regulations as may

be necessary to effectuate the purposes of this Code, including all

activities and procedures of the Commission; provided, however, with the

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

sole exception of rules or regulations governing hearing proceedings

before the Commission, no new rule or regulation shall be implemented

without prior approval of the Tribal Council.

(2)

To review and hold hearings on formal complaints of employment

discrimination, unlawful employment practices, or Unfair hiring practices.

(3)

To approve or deny final certifications to businesses granted probationary

certification as Indian Native American-Owned Businesses.

(4)

To approve de-certification for any business no longer meeting the

requirements for certification as an Indian Native American-Owned

Business, including requirements related to the ownership or management

structure of the Indian Native American-Owned Business or the

performance history and qualifications of the Indian Native AmericanOwned Business.

(5)

To regulate collective bargaining agreements of any Covered Employer, as

well as to regulate collective bargaining by employees of a Covered

Employer.

(6)

To impose appropriate sanctions and grant any relief authorized by this

Code.

(7)

To take such other lawful actions as are necessary to achieve the purposes

and objectives inherent in the policy of Indian Native American preference

in employment and contracting.

Article 4. INDIAN NATIVE AMERICAN PREFERENCE IN EMPLOYMENT

17-4-101.

Preference Policy.

(1)

Every Covered Employer is required to give employment preference to

Qualified Indian Native American Applicants in accordance with this

Code in hiring, promotion, lay-off and training for work performed within

the exterior boundaries of the Reservation on land subject to the

jurisdiction of the Tribe on Tribal land.

(2)

A Covered Employer shall include and specify an employment preference

policy statement consistent with this Code in all job announcements and

advertisements covered by this Code.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(3)

17-4-102.

If any requirement of this Code is inconsistent with requirements directly

applicable pursuant to federal law, or regulations or indirectly applicable

through enactments by the Tribal Council adopting such federal standards,

those federal standards shall take precedence. When contracting with any

federal agency, the term “Indian or Native American preference” may be

used if required by federal law.

Hiring.

(1)

A Covered Employer may not hire any Person not entitled to preference

pursuant to this Code for work on land subject to the jurisdiction of the

Tribe on Tribal land until the Covered Employer has given TERO a

reasonable time to locate a Qualified Indian Native American Applicant or

to communicate to the Covered Employer that no Qualified Indian Native

American Applicant is available to fill the job.

(2)

For purposes of this section, “reasonable time” shall be defined as follows:

(a)

For construction jobs, TERO shall have 72 hours to refer a

Qualified Indian Native American Applicant.

(b)

For all other kinds of employment, TERO shall have 5 working

days to refer a Qualified Indian Native American Applicant.

(c)

TERO may reduce these time periods if they would impose an

undue burden upon the Covered Employer or if emergencies

threatening life, property or environment justify such a reduction.

(3)

For purposes of this section, the terms “hire” and “vacancy” shall not

apply to positions that are subject to promotion opportunities that conform

to the requirements of Section 17-4-103.

(4)

A Covered Employer may set the job requirements for employee hiring;

provided, however, that such requirements may not include non-jobrelated qualifications that have a discriminatory, unlawful, or unfair

impact on Indian Native American applicants.

(5)

Every Covered Employer shall establish written minimum qualifications

for each position in its work force, a copy of which shall be provided to

TERO and to all applicants at the time they express an interest in such

position. These may be provided in electronic form.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(6)

If TERO has reason to believe that any Covered Employer is setting

discriminatory job qualifications, it shall first attempt to meet with the

Covered Employer and resolve the matter informally. If informal

resolution is unsuccessful, TERO may file a complaint against the

Covered Employer pursuant to § 17-9-101.

(7)

A Covered Employer may recruit and hire Employees or trainees from

whatever source and by whatever process the Covered Employer chooses;

however, the Covered Employer must notify TERO and provide a list of

Employees hired.

(8)

17-4-103.

(a)

A Covered Employer must report to TERO within five business

days after the position has been filled by whatever tier is

applicable. This must include the applicant’s name, position, date

of hire, and rate of pay.

(b)

To ensure compliance with Article 4, Covered Employers that are

Tribal entities shall provide wage scales for all positions annually.

A Covered Employer shall advertise and announce all job vacancies for a

minimum of ten business days in the Southern Ute Drum, on KSUT, on

the Tribal member portal and on at least one locally available online job

listing service with the following exceptions:

(a)

A Covered Employer may post a job vacancy internally to allow

promotion of existing Employees. However, if the Covered

Employer has no Southern Ute tribal member employees who are

qualified for the vacancy or no Southern Ute tribal member is

selected to fill the vacancy, then the vacancy must be advertised

and announced externally in the manner required by this section;

(b)

A Covered Employer is not required to advertise and announce a

vacancy in the event a Southern Ute tribal member, who is a

current Employee or participant in an internship or apprenticeship

program, is selected for the employment opportunity.

Promotions.

(1)

Each Covered Employer must give preference to Qualified Indian Native

American Applicants in all promotion opportunities.

(2)

Covered Employers shall provide adequate advance notice of promotion

opportunities to their current Indian Native American Employees.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-4-104.

Lay-Offs.

(1)

Each Covered Employer must accord preferential protection to Indians

Native Americans against lay-off layoffs, and reductions in work force.

Such preference shall be in accordance with § 17-4-106.

(2)

A Covered Employer may not lay-off or terminate an Indian a Native

American Employee as a result of lay-off or reduction in work force if a

non-Indian non-Native American Employee in the same job classification

and with the same seniority is still employed.

17-4-105.

Training. Each Covered Employer must give preference to Qualified Indian

Native American Applicants in existing training or apprenticeship programs.

Every Covered Employer with a training program shall employ the maximum

number of Indian Native American trainees for available positions in such

program.

17-4-106.

Priority of Employment Preference. The employment preference provided for

in this Code shall follow these priorities:

17-4-107.

(1)

First preference shall be given to enrolled members of the Southern Ute

Indian Tribe.

(2)

Second preference shall be given to Indians who are legally married to

enrolled members of the Southern Ute Indian Tribe FIRST DESCENDANTS

OF ENROLLED MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE.

(3)

Third preference shall be given to enrolled members of the Ute Mountain

Ute and Northern Ute tribes Native Americans who are legally married to

enrolled members of the Southern Ute Indian Tribe.

(4)

Fourth preference shall be given to Local Indians NON-NATIVE

AMERICANS WHO ARE LEGALLY MARRIED TO ENROLLED MEMBERS OF THE

SOUTHERN UTE INDIAN TRIBE.

(5)

Fifth preference shall be given to non-Local Indians enrolled members of

the Ute Mountain Ute and Ute Indian Tribes.

(6)

Sixth preference shall be given to Local Native Americans.

(7)

Seventh preference shall be given to Non-Local Native Americans.

Collective Bargaining Agreements.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(1)

All transaction documents, including without limitation, leases, subleases,

Contracts, subcontracts, permits, and collective bargaining agreements

between Covered Employers and labor organizations that are entered into

by or issued to any Covered Employer and that are to be performed on

Tribal lands subject to the jurisdiction of the Tribe shall contain a

provision pursuant to which the Covered Employer and any other

contracting party affirmatively agree to strictly abide by all requirements

of this Code. With respect to any transaction document that does not

contain the foregoing provision, the terms and provisions of this Code are

incorporated therein as a matter of law and the requirements of the Code

shall constitute affirmative contractual obligations.

(2)

No Employee of the Tribe, including Employees of the Tribe, at the

Permanent Fund, the Growth Fund, Shared Services or the Sky Ute

Casino, may enter into a collective bargaining agreement.

Article 5. PREFERENCE IN CONTRACTING AND SUBCONTRACTING

17-5-101.

17-5-102.

Contract Preference Policy.

(1)

All Covered Employers awarding Contracts shall give preference to

certified Indian Native American-Owned Businesses technically qualified

to perform the work required and shall utilize competitive bid procedures

in accordance with this Article when the majority ANY of the

CONSTRUCTION work under the Contract will occur on Tribal lands subject

to the jurisdiction of the Tribe.

(2)

If a qualified Indian Native American-Owned Business participates in the

bidding process, then the contracting entity shall give preference to such

bidder if the Indian Native American-Owned Business’ initial bid or

resubmitted bid is no more than 5% higher than the lowest bid received.

(3)

Before a Covered Employer can reject a qualified Indian Native

American-Owned Business on the basis of its bid, it must offer the Indian

Native American-Owned Business a single opportunity to resubmit a

revised bid. In requesting and/or receiving revised bids from Indian Native

American-Owned Businesses, the Covered Employer shall not, in any

circumstance, disclose any other bids received.

Determination of Technical Qualifications.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-5-103.

(1)

All Covered Employers awarding Contracts under this Article shall have

the discretion to determine technical qualifications. However, if the

Covered Employer determines that there are no Indian Native AmericanOwned Businesses that are technically qualified, the Covered Employer

must provide to each Indian Native American-Owned Business it rejects a

written description of areas in which it believes the business is weak and

steps the Indian Native American-Owned Business could take to upgrade

its qualifications. A Covered Employer may also be required to cooperate

in establishing a tribal member or Indian Native American-Owned

Business training program, coordinated with and fully funded by TERO.

(2)

If a Covered Employer determines that an Indian a Native AmericanOwned Business lacks the technical qualifications to perform all of the

work required under the proposed Contract, the Covered Employer shall

make a good faith effort to divide the scope of work requirement into

small Contracts or components, so that the Indian Native AmericanOwned Business can qualify for a portion of the work or provide a written

explanation as to why the Contract cannot be so divided. Such written

explanation shall be provided to the disqualified Indian Native AmericanOwned Business.

(3)

If an Indian a Native American-Owned Business disqualified on technical

qualification grounds believes that the disqualification was the result of an

improper effort by a Covered Employer awarding the Contract to

circumvent its preference responsibilities under this Article, the Indian

Native American-Owned Business may file a written complaint pursuant

to § 17-9-102.

Priority of Contract Preference. The Indian Native American Contract

preference provided for in this Code shall be given in the following priority:

(1)

First preference shall be given to Indian Native American-Owned

Businesses controlled by enrolled members of the Southern Ute Indian

Tribe.

(2)

Second preference shall be given to Indian FIRST DESCENDANT-Owned

Businesses controlled by Indians who are legally married to enrolled

members of the Southern Ute Indian Tribe FIRST DESCENDANTS OF

ENROLLED MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE.

(3)

Third preference shall be given to Indian Owned Businesses controlled by

enrolled members of the Ute Mountain Ute and Northern Ute tribes Native

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

American-Owned Businesses controlled by Native Americans who are

legally married to enrolled members of the Southern Ute Indian Tribe.

17-5-104.

(4)

Fourth preference shall be given to Indian Owned Businesses controlled

by Local Indians BUSINESSES OWNED AND CONTROLLED BY NON-NATIVE

AMERICANS WHO ARE LEGALLY MARRIED TO ENROLLED MEMBERS OF THE

SOUTHERN UTE INDIAN TRIBE.

(5)

In the event that there are 2 or more businesses entitled to preference

within any of the above-listed categories, a 100% Indian Owned Business

shall be given preference over a less than 100% Indian Owned Business,

and an Indian Owned Business located within the exterior boundaries of

the Reservation shall be given preference over an Indian Owned Business

controlled by Local Indians but located off the Reservation Fifth

preference shall be given to Native American-Owned Businesses

controlled by enrolled members of the Ute Mountain Ute and Ute Indian

Tribes.

(6)

Sixth preference shall be given to Native American-Owned Businesses

controlled by Local Native Americans.

(7)

Seventh preference shall be given to Native American-Owned Businesses

controlled by Non-Local Native Americans.

(8)

In the event that there are 2 or more businesses entitled to preference

within any of the above-listed categories, a 100% Native American Owned

Business shall be given preference over a less than 100% Native American

Owned Business, and a Native American Owned Business located within

the exterior boundaries of the Reservation shall be given preference over

an Native American Owned Business controlled by Local Native

Americans but located off the Reservation.

Applicability.

(1)

These bid award procedures shall not apply to the award of Contracts by

federal, state, county and municipal governmental entities but shall apply

to the Tribe, unless explicitly waived pursuant to Article 12.

(2)

When a Tribal department, division, entity or enterprise selects a

Contractor other than in accordance with the priorities listed in § 17-5103, it must indicate the steps taken to award the Contract in accordance

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

with those priorities and the reasons for its selection when submitting a

Contract to the Tribal Council for approval.

17-5-105.

Conflict of Interest.

(1)

No member of the Tribal Council, TERO Commissioner, Employee of the

PERMANENT FUND, the Growth Fund, Sky Ute Casino, a Tribal entity, or

SUSS, shall have an interest in, or be employed by, any Person that has

entered into or is seeking to enter into a Contract FOR CONSTRUCTION

WORK with the Tribe, unless approved by Tribal Council.

(2)

Any member of Tribal Council, any TERO Commissioner, Employee of

the Permanent Fund, the Growth Fund, Sky Ute Casino, a Tribal entity, or

SUSS, shall disclose to the TERO any interest in, or employment with any

Person that has entered into or is seeking to enter into a Contract FOR

CONSTRUCTION WORK with the Tribe.

(3)

Any member of Tribal Council, TERO Commissioner, Employee of the

Permanent Fund, Growth Fund, Sky Ute Casino, SUSS, or a Tribal entity

must comply with any applicable Tribal laws, policies, or procedures when

seeking to enter into a Contract and under Contract with the Tribe.

Article 6. CERTIFICATION OF INDIAN NATIVE AMERICAN OWNED BUSINESSES

An applicant for certification as an Indian Native American-Owned Business must satisfy all of

the criteria prescribed under this Article.

17-6-101.

Ownership.

(1)

Formal Ownership.

(a)

The applicant must demonstrate that a Local Indian Native

American or Local Indians Native Americans own(s) 51% or more

of the partnership, corporation, joint venture, or other business

arrangement for which certification is sought.

(b)

Such Indian Native American ownership must be embodied in the

organizational documents of the business.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-6-102.

(c)

The Indian Native American ownership must have a majority of

the voting rights or employ a decisional mechanism for making all

decisions of the business.

(d)

The Indian Native American ownership must be entitled to receive

at least a majority of the business’ assets upon dissolution.

(2)

Value. To obtain a majority ownership of the business, the Indian Native

American ownership must have provided real value, such as capital,

equipment, real property, or similar assets, commensurate with the value

of the ownership share. Purchase of the Indian Native American

ownership through a promissory note, the holder of which is the nonIndian Native American owner of the business or an immediate relation

thereof or through any similar arrangement is not real value unless: a) the

applicant makes a convincing showing that the Indian Native American

ownership brought special skills or similar benefits to the business; and b)

that there is good reason to believe the arrangement would have been

entered into even if there were no Indian Native American preference

program in existence.

(3)

Profits. The Indian Native American ownership must be entitled to receive

at least 51% of all business profits. If the non-Indian Native American

ownership is entitled to a share of the profits greater than 50%, under

whatever agreement or arrangement, including but not limited to

management fees, equipment rental fees, or bonuses tied to profits,

certification will be denied.

Management Control.

(1)

The business must demonstrate that one or more of the Indian Native

American owners is substantially involved as a senior level official in the

day-to-day management of the business as his primary employment

activity. Although the Indian Native American owner does not have to be

the Chief Executive Officer, he must, through prior experience or training,

have substantial occupational ties to the business and therefore be

qualified to serve in a senior level position. He must also be sufficiently

knowledgeable about the business to be accountable to the Tribe for the

business’ activities.

(2)

Any joint venture applicant must also demonstrate that the Indian Native

American business is, in fact, the controlling partner in the joint venture;

that the Indian Native American partner has the experience and expertise

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

to manage the entire operation; and that the non-Indian Native American

partner is providing specialized resources or expertise to the joint venture

and is not, in fact, the manager.

17-6-103.

17-6-104.

Integrity of Structure. The applicant must show that the business was not

established primarily to take advantage of Indian Native American preference. In

evaluating the applicant, TERO shall consider the factors set out below and shall

exercise broad discretion in applying these criteria in order to preserve the

integrity of the Indian Native American preference program:

(1)

Whether the history of the firm demonstrates it was established primarily

to take advantage of the Indian Native American preference program,

particularly in cases where the firm was originally a non-Indian Native

American owned business, or associated with a non-Indian Native

American owned business, which gained little in terms of capital,

expertise, and equipment by adding Indian Native American ownership or

merging with the Indian Native American business.

(2)

Whether key non-Indian Native American Employees of the applicant are

former Employees of a non-Indian Native American firm with which the

Indian Native American firm is or has been affiliated, through a joint

venture or other arrangement, such that there is reason to believe the nonIndian Native American firm is controlling the applicant.

(3)

Whether the experience, expertise and resources of the non-Indian Native

American ownership are so much greater than those of the Indian Native

American ownership that there is little sound business reason for the nonIndian Native American ownership to accept a junior role in the business

other than to be able to take advantage of the Indian Native American

preference program.

Probationary Certification.

(1)

Probationary certification may be granted for up to 6 months, and Indian

Native American-Owned Business certification expires at the end of this

period unless the business applies for final certification and is granted full

certification or the probationary certification period is extended.

(2)

During the probationary period, TERO staff shall monitor the business’

activities to ensure that the business is operating consistent with the

description in its application. During the probationary period, the business

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

shall provide TERO updated information and documents necessary to

evaluate the business operation.

(3)

17-6-105.

Within 30 days of the end of the probationary period, the business with

probationary certification shall file an updated application for final

certification.

Certification Procedures.

(1)

The applicant shall submit to TERO a completed application on forms

provided by TERO, accompanied by an application processing fee as

established by the Commission.

(2)

Probationary Certification Determinations.

(3)

(a)

Within 30 days after receipt of a completed application and the

processing fee, TERO shall review the application and request

such additional information as it believes appropriate, conduct any

required investigations, and conduct the analysis necessary to

make a determination on probationary certification.

(b)

Computation of the 30-day period shall be stayed for the time a

new request for additional information is outstanding, and the

Director of TERO may extend the processing period by an

additional 30 days by sending notification of the extension to the

applicant.

(c)

If the applicant meets all of the requirements set forth in this

Article for Indian Native American Owned Business certification,

the Director shall issue the applicant a probationary certification

for up to 6 months as an Indian a Native American Owned

Business. If the TERO Director determines that the applicant fails

to meet one or more of the requirements for Indian Native

American Owned Business certification, the TERO Director shall

notify the applicant in writing of the denial of certification together

with the reasons for the denial.

(d)

If the applicant wishes to challenge the TERO Director’s

probationary certification decision, it may file a formal complaint

with TERO within 30 calendar days of receipt of the TERO

Director’s probationary certification decision.

Final Certification Determinations.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-6-106.

17-6-107.

(a)

The Commission shall review an application for full certification

within 30 days of receiving an application.

(b)

The Commission shall review the application with its supporting

documents, as well as the performance of the business during the

probationary period, and take action to:

(i)

Grant full certification;

(ii)

Continue the probationary period for an additional 6

months; or

(iii)

Deny certification.

Hearings.

(1)

The Commission shall hold hearings on challenges to TERO decisions on

probationary certification and on Commission decisions concerning final

certification, decertification or suspension after providing notice to the

ownership of the business, to TERO, and to the public through a published

notice in The Southern Ute Drum and posting on the Tribe’s website no

less than 21 days prior to such hearing.

(2)

Only principals of the business, the TERO Director, and witnesses who

have been granted an opportunity by the Commission to participate shall

be entitled to present evidence at the hearing.

(3)

Any interested Person, other than an owner, wishing to present

information to the Commission shall be entitled to do so by requesting in

writing an opportunity to participate, no less than 5 days prior to the

hearing.

(4)

Hearing procedures shall be governed by Article 10 herein.

Suspension or Revocation of Final Certification.

(1)

TERO may initiate proceedings to suspend or revoke the certification of

any business based upon information provided to TERO by the business or

any Covered Employer, on the basis of a written complaint filed by any

Person, including a Covered Employer, or on its own initiative.

(2)

TERO shall prepare an analysis, together with a recommended disposition,

and shall notify the business by certified mail that its certification is being

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

re-examined. The grounds for such re-examination shall be included in the

notice.

(3)

The Commission shall then set a date for hearing, which shall be held

within 30 days after receipt of the analysis and recommended disposition

from TERO.

(4)

The hearing shall be conducted in accordance with Article 10 herein. At

the hearing TERO staff shall present the case for suspension or revocation

and any interested Person, having submitted a timely written request to

participate, may also present information to the Commission.

(5)

If the complaint is substantiated at the hearing, the Commission may take

any of the following actions:

(6)

(a)

suspend certification for up to one year;

(b)

revoke certification;

(c)

place the business on probationary certification and order that

corrective action be taken within a fixed period, if warranted by the

evidence.

A business that has had certification revoked may not reapply for a period

of one year.

Article 7. REGISTRATION, COMPLIANCE AGREEMENT, AND REPORTING

REQUIREMENTS

17-7-101.

Covered Employers. Every Covered Employer doing business within the exterior

boundaries of the Reservation shall submit employment information reports to

TERO. Such reports shall include all information necessary to determine

compliance with the provisions of this Code. Reports shall be filed on a quarterly

basis no later than 10 business days after the end of each calendar quarter.

(1)

Business registration and Compliance agreement. Every Employer

performing Construction work shall submit a business registration to

TERO, and a Compliance agreement if required by TERO, on forms

provided by TERO prior to beginning work on Tribal land and prior to

beginning any work that may take place on Tribal land.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(2)

17-7-102.

Covered Employers or Tribal entities paying fees on behalf of Covered

Employers shall provide copies of executed Contracts prior to the

beginning of Construction work.

Indian Native American-Owned Businesses.

(1)

Each Indian Native American-Owned Business shall report to TERO, in

writing, any changes in its ownership or control within 30 calendar days of

such changes.

(2)

Each Indian Native American-Owned Business shall also update the

information provided in its initial application on a report form provided by

TERO, which update shall be given annually on the anniversary of its

receipt of final certification.

(3)

Failure to provide information pursuant to these requirements shall

constitute grounds for suspension or revocation of certification.

Article 8. EMPLOYMENT RIGHTS FEE

17-8-101.

Establishment of Fee. The Tribe hereby establishes an employment rights fee for

the funding, administration and operation of training programs for Southern Ute

tribal Tribal members, First Descendants OF ENROLLED MEMBERS OF THE TRIBE,

and Native Americans, as well as for the operational expenses of TERO AND

OTHER TERO PURPOSES.

(1) Every Covered Employer performing a construction, roustabout or maintenance

contract in connection with building construction or oil and gas field work,

including a contract for services, labor or materials or any combination thereof,

for such work, a majority of which will occur on lands subject to the jurisdiction

of the Tribe, shall pay a fee of 4% of the cumulative amount of the contract,

which shall be calculated on a per-contract basis and paid before final payment

is made to the contractor but after any and all change orders that may affect the

contract price have been processed .

(2) Every Covered Employer, with 20 or more employees or gross revenues of

$500,000 or more, other than the contractors referenced above, shall pay an

annual fee of 4% of the annual payroll of those employees of the Covered

Employer who perform work principally within the exterior boundaries of the

Reservation subject to the jurisdiction of the Tribe. Such fee shall be paid within

30 calendar days of the end of each calendar year.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(3) The Tribe, state and federal governments, including their political subdivisions;

and non-profit organizations shall be exempt from payment of TERO fees.

(4) TERO fees shall be deposited in the Tribe’s General Fund as a separate line item

to be used to fund training for Southern Ute tribal members, enrolled members

of the Ute Mountain Ute and Northern Ute Tribes and Local Indians, including

apprenticeship programs and on-the-job training.

17-8-102.

Fee Rates.

(1)

Contract Amount, Invoice Amount,

or Total Costs of Construction

Work

TERO Fee

$9,999 or less

$10,000-$99,999

$100,000 or more

Master Services Agreement

4% annual costs.

(2)

17-8-103.

All Covered Employers shall pay the following fees for that portion of

CONSTRUCTION work that occurs on Tribal land on a quarterly schedule

determined by TERO and included in the Compliance agreement:

TERO fees shall be deposited in the TERO Fund as a separate line item to

be used to fund training for Southern Ute tribal members, First

Descendants, enrolled members of the Ute Mountain Ute and Ute Indian

Tribes, Local Native Americans, and Non-Local Native Americans

including apprenticeship programs, temporary TERO workers, the TERO

Internship Program, and on-the-job training.

Exemptions.

(1)

Homeowners that are building their own home are exempted from the

construction contracting requirement. The definition of “home” as it

applies in this section is defined as the main residence of an individual.

Homeowners building secondary or multiple homes will not be eligible for

the exemption.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-8-104.

(2)

The Tribe, state, and federal governments, including their political

subdivisions; and non-profit organizations shall be exempt from payment

of TERO fees.

(3)

Native American allottee property owners hiring Contractors for

residential or agricultural improvement work on their allotments. This

exemption does not apply APPLIES to lease activities or businesses doing

any other type of work on Native American allotments.

Fee Payments.

(1)

Payment date. The Covered Employer or the Tribal entity (OR A TRIBAL

ENTITY ON BEHALF OF A COVERED EMPLOYER AS NECESSARY) shall pay

REMIT TERO fees on the dates specified in the TERO Compliance

agreement.

(2)

Payment Details. The Tribal entity or the Covered Employer shall

provide:

(a)

Invoice copies showing the full amount of the costs charged for

that Contract or project; and

(b)

Each invoice must contain the Compliance agreement name and

date.

(3)

Payment submittal. Covered Employers shall submit payments to TERO

by mail or electronically along with the invoice.

(4)

Payment Report. Covered Employers shall submit an electronic report to

TERO with each payment containing the total amount of the payment, a

copy of the invoice submitted with the payment, and the name and date of

the Compliance agreement that covers the activities for which payment

was made.

(5)

Payment Obligation. Covered Employers or Tribal entities paying on

behalf of Covered Employers shall pay TERO fees according to this

Code.

(6)

Late payments. All late payments will be charged three percent interest

calculated on a monthly basis.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(7)

Fee Enforcement. Fee collection enforcement and property seizure

provisions shall be pursuant to enforcement provisions in Article 11.

(8)

Recordkeeping. Tribal entities shall maintain Contracts and all documents

related to fee amounts and payments for at least seven years after the

completion of the project or Contract. Tribal entities shall make the

Contract and supporting documents available for inspection on request by

TERO. If the documents are not kept on Tribal land, Tribal entities shall

make the documents available for inspection at their place of business or

bring the documents to the TERO office for inspection within seven

business days after the request.

Article 9. COMPLAINTS

17-9-101.

Complaints by TERO. If TERO believes that a Covered Employer or a

Contractor that has been awarded a Contract for work on Reservation lands

subject to the jurisdiction of the Tribe Tribal land has failed to comply with this

Code or any rules, regulations, or order of TERO or the Commission, it may, after

notifying the alleged violator and attempting to achieve informal settlement of the

matter, file a complaint with the Commission.

17-9-102.

Complaint by Individual.

(1)

If an Indian a Native American Employee, employment applicant, Native

American Owned Business, or other Contractor believes that a Covered

Employer has violated the express provisions of this Code, he may file an

informal complaint with TERO that states with specificity the alleged

violation under Article 4 or Article 5 of this Code.

(2)

Upon receipt of the complaint, TERO shall investigate the allegations of

the complaint. Covered Employers shall turn over requested

documentation to TERO no later than 15 business days from the date of

the request. If TERO determines there is good cause to believe that an

identified section of Article 4 or 5 of this Code has been violated, it shall

attempt to reach an informal settlement of the matter. If there is no

substantial evidence that a specific section of this Code has been violated,

TERO shall dismiss the informal complaint and the matter shall be closed.

(3)

If settlement of the informal complaint cannot be achieved, or the

requested documents are not provided by the Covered Employer, the

Indian Native American Employee, applicant, Native American-Owned

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

Business, or other Contractor may file a formal complaint with the

Commission. The formal complaint is a separate document from the

informal complaint and must identify with specificity the section of Article

4 or 5 of this Code that has been violated and provide evidence supporting

the alleged violation. If the Indian Native American Employee, applicant

or Contractor fails to file a formal complaint or files a formal complaint

that fails to state a claim for violation of this Code, TERO shall dismiss

and close the matter.

17-9-103

Time Limitation. An informal complaint must be filed within 90 calendar days

of the occurrence of the incident that constitutes the alleged violation of this Code

or within 90 calendar days of discovery of the alleged violation. A formal

complaint must be filed within 90 calendar days of the determination by TERO

that a settlement of the informal complaint cannot be achieved. Complaints by

Covered Employers. If a Covered Employer believes that TERO failed to

comply with this Code or any rules, regulations, or orders of TERO or the

Commission is in error, the Covered Employer shall file a written informal

complaint with TERO containing sufficient information and any relevant

documentary or other evidence the Covered Employer believes supports its claim.

If the matter cannot be resolved through the informal complaint and settlement

process with TERO, the Covered Employer may file a formal complaint with the

Commission.

17-9-104.

Time Limitation. An informal complaint must be filed within 90 calendar days

of the occurrence of the incident that constitutes the alleged violation of this Code

or within 90 calendar days of discovery of the alleged violation. A formal

complaint must be filed within 90 calendar days of the determination by TERO

that a settlement of the informal complaint cannot be achieved.

Article 9.5. INSPECTIONS AND PENALTIES

17-9.5-101.

Inspections. TERO may conduct inspections to ensure compliance with this

Code, either with or without notice, during regular business hours, either at the

work site or in meetings with Covered Employers while on Tribal land. TERO

representatives will identify themselves and provide credentials prior to

conducting an inspection and will follow all reasonable safety and compliance

directions as long as, in the determination of the inspector, those directions are not

intended to prevent TERO from conducting an inspection.

17-9.5-102.

Audits.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-9.5-103.

(1)

Covered Employers shall make all records required to be kept by this

Code available for examination by TERO or its authorized agent. TERO

may use information obtained and copies of documents obtained in an

audit in an enforcement action to the extent necessary to provide evidence

of a violation.

(2)

Covered Employers may request a determination of confidentiality for any

documents that the Covered Employer believes should be protected as

Nondisclosable Confidential Business Information. TERO, or its

authorized agent, will determine if the documents meet the requirements

for Nondisclosable Confidential Business Information under this Code. A

determination of Nondisclosable Confidential Business Information does

not preclude TERO from using relevant information from the documents

in an enforcement action, only that TERO will not disclose any

confidential information in the documents that is not relevant to the

enforcement action and will handle and dispose of the documents to

ensure that their confidentiality is maintained. Any Person involved in an

administrative or Court proceeding involving Nondisclosable Confidential

Business Information shall maintain the confidentiality of the information

and documents and dispose of them as directed by TERO, an

administrative hearing officer, or Court.

Penalties.

(1)

The following penalties shall apply to violations of the Code provisions:

(a)

Failure to comply with business registration, Compliance

agreement, and Employee identification code regulations - $500

(first notification); $1,000 (second notification).

(b)

Failure to obtain an approved Compliance agreement prior to

commencing work – $1,000 (first notification); $2,000 (second

notification); suspension and revocation of business registration

(third notification).

(c)

Failure to comply with a reasonable request for inspection during

regular work hours at the work site - $1,000 (first notification);

$1,500 (second notification)

(d)

Failure to comply with an audit - $1,500 (first and second

notifications) $1,750 (third notification).

(e)

Failure to comply with recordkeeping requirements - $1,500 (first

and second notifications) $1,750 (third notification).

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-9.5-104.

(f)

Failure to report Contract changes - $1,000 (first notification);

$1,500 (second notification)

(g)

Failure to pay a TERO fee on the quarterly date specified in the

Compliance agreement- $1,000 (first notification); $2,000 (second

notification); suspension and revocation of business registration

(third notification).

(2)

Citations. To assess a penalty, TERO shall issue a citation stating the

name of and contact information for the Covered Employer, date and

location of the violation, a description of the facts related to the violation,

and any other relevant information along with the signature of a

compliance officer or other authorized TERO representative. Covered

Employers may contest a TERO citation to TERO in accordance with

Article 9.

(3)

Additional Remedies. In addition to the penalties included in this section,

TERO may also issue a stop work order to the Covered Employer, a stop

payment order to the Tribe, or request a Court order to secure equipment at

the worksite located on Tribal land.

Records. All records, documents, and information obtained by any Person

pursuant to this Code shall be confidential and maintained and stored in

confidential files by TERO. Confidential material shall be available only to

TERO, the TERO Commission, the Tribal Council, Tribal Court, or any Person

authorized under this Code or for other lawful Tribal purposes as determined by

the Tribal Council.

Article 10. HEARINGS AND APPEALS

17-10-101.

Notice. If a formal complaint is filed with the Commission, the following notice

procedures shall apply:

(1)

The Commission shall review the formal complaint to determine whether

it states a claim for violation of a provision of Article 4 or Article 5 of the

TERO Code. If the Commission determines that the formal complaint fails

to state a claim, notwithstanding any prior determination of TERO to the

contrary, it shall dismiss the formal complaint and close the matter. If the

Commission determines that the formal complaint states a claim for

violation of a specifically identified section of Article 4 or Article 5 of the

TERO Code, it shall set the matter for hearing.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-10-102.

(2)

The alleged violator, the complainant and TERO shall be given notice of

the hearing at least 30 calendar days prior to the hearing. A copy of the

formal complaint shall be given to the alleged violator at the same time as

the notice of hearing.

(3)

Notice shall be given pursuant to the Tribal Civil Procedure Code.

Hearing Procedure. Hearings shall be governed by the following rules of

procedure and such other rules as may be adopted by the Commission:

(1)

The Commission, in its sole discretion, may refer the conduct of a hearing

on any formal complaint to the Southern Ute Administrative Appeals and

Hearings Office (AAHO). Upon referral, the AAHO shall conduct the

hearing in accordance with these rules, such other rules as have been

adopted by the Commission and those AAHO rules of procedure that are

not inconsistent with these rules and other rules adopted by the

Commission. When a referral is made, references in Sections 17-10-102,

17-10-103, 17-10-104, 17-10-105 and 17-11-101 to the “Chairman of the

Commission” or the “Commission” shall be deemed to apply to the

AAHO. TERO shall refer the matter to the AAHO and the AAHO shall

conduct the hearing when there is not a full serving quorum of the

Commission available within the time frame set for conducting the

hearing.

(2)

The Chairman of the Commission shall preside over the hearing and shall

have the authority to administer oaths and affirmations to witnesses.

(3)

All parties may be represented by counsel at their own expense.

(4)

The Commission may have the advice and assistance of legal counsel for

the Tribe at the hearing.

(5)

The Chairman of the Commission shall have the authority to sign and

issue subpoenas.

(6)

The Commission may, in its sole discretion, hold a pre-hearing conference

to narrow the issues in the matter, schedule hearings, identify witnesses,

ensure that subpoenas are issued in a timely manner and take any other

actions that will simplify the hearing and increase the overall efficiency of

the hearing process.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-10-103.

(7)

All parties have the right to testify, present testimony of witnesses and

other relevant evidence, and to ask questions of witnesses. Prior to giving

testimony, witnesses may be excluded from any hearing at the sole

discretion of the Commission.

(8)

Formal rules of evidence and procedure need not be followed, but the

Commission shall determine the facts in a fair, reasonable and orderly

fashion and may exclude evidence that is irrelevant or cumulative.

(9)

Prior to the commencement of a hearing, the Commission may require the

parties to meet to discuss whether a settlement can be reached.

(10)

The initial burden of proof shall be on the complainant to establish a

violation of a provision of Article 4 or 5 of the TERO Code. Once facts

have been established that would constitute a violation, the burden of

proof shall be on the Employer or Contractor to prove compliance with

this Code.

(11)

All matters at issue must be proven by a preponderance of the evidence.

(12)

In the event a party does not make an appearance at the date and time set

for hearing, the Commission shall enter a default judgment against that

party, provided, however, that proper notice has been given and such proof

of notice is on file.

(13)

A record of the hearing shall be kept by audio recording.

(14)

Hearings may be continued for good cause.

(15)

A written decision shall be issued within 30 calendar days after the

hearing with copies mailed to all parties.

(16)

Notice of the right to appeal to the Tribal Court shall be included with the

Commission’s decision.

Commission Order. If after a hearing, the Commission finds that an Employer or

Contractor has violated this Code, the Commission shall enter an order which

may include any of the following:

(1)

Denial of the right to commence or continue business on Tribal land

subject to the jurisdiction of the Tribe, provided, however, that this

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

provision shall not apply to any governmental or business entity of the

Southern Ute Indian Tribe.

17-10-104.

(2)

Issuance of one or more remedial orders, including without limitation,

directed hiring, reinstatement, displacement of non-Indian Native

American Employees, injunctive relief, and mandated corrective action to

cure the violation; provided, however, that liability for back pay or other

forms of compensatory damages shall not accrue from a date more than 90

calendar days prior to the date of the filing of the complaint.

(3)

Imposition of civil penalties, upon a finding of intentional violation.

(4)

Mandated corrective action to ensure compliance with this Code or to

remedy any harm caused by the violation of the Code, consistent with the

requirements of the Indian Civil Rights Act.

(5)

An award of attorney’s fees and costs in the case of an individual suit

initiated pursuant to § 17-9-102, if either the respondent’s or

complainant’s position lacked substantial justification.

(6)

Other provisions deemed necessary by the Commission.

Appeal to Tribal Court.

(1)

Any Person adversely affected by an order of the Commission may seek

judicial review within 30 calendar days of such order by filing for review

in accordance with the Tribal Appellate Code. Except as otherwise stated

herein, the procedures stated in the Appellate Code shall be applied by the

Tribal Court in the conduct of this review.

(2)

Review by the Tribal Court shall be limited to the record made at the

Commission hearing. The Tribal Court shall not substitute its judgment for

that of the Commission as to the weight of the evidence on any disputed

finding of fact.

(3)

The Tribal Court may reverse a Commission decision and remand the case

to the Commission for an additional hearing if it finds that the decision is

not supported by the record or if it finds a material error in procedure.

(4)

The Tribal Court shall reverse or modify the Commission order if it finds

an error of law or if it finds the decision to be arbitrary and capricious.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

(5)

17-10-105.

Unless the Tribal Court finds cause for reversing, modifying or remanding

the Commission’s order, it shall affirm the Commission’s action and enter

an order directing its enforcement.

Relief Pending Appeal.

(1)

The commencement of appeal proceedings shall not, unless specifically

ordered by the Tribal Court, operate as a stay of the Commission’s order.

(2)

An application for stay shall be filed within the period prescribed for

judicial review in § 17-10-104. No stay shall be granted unless the

appellant demonstrates that the requirements for a stay stated in the

Appellate Code at § 3-1-105 have been met.

Article 11. TRIBAL COURT ENFORCEMENT

17-11-101.

Enforcement by Tribal Court.

(1)

If the Commission enters an order pursuant to § 17-10-103 that is not

appealed, and there is no compliance with the order, the Commission may

petition the Tribal Court for an order compelling compliance with the

Commission order.

(2)

The Tribal Court shall issue an enforcement order if it appears from the

petition that the Commission order was lawfully entered pursuant to a

written decision following a hearing, was within the scope of the authority

granted to the Commission under this Code, and that the non-complying

party received notice of the Commission order.

(3)

If at any stage in the enforcement process, the Commission has reason to

believe there is a danger that a party will remove itself or its property from

the jurisdiction of the Tribal Court, such that the Commission or the Tribal

Court will not be able to collect monetary damages or fees that are (a)

owed by that party pursuant to an outstanding order of the Commission or

Tribal Court, or (b) which may be owed if the charges set out in any

outstanding notice of violations are upheld, the Commission may petition

the Tribal Court for a writ of attachment to secure compliance.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

17-11-102.

Enforcement by Officers. Tribal peace officers are hereby authorized and

directed to carry out the provisions of enforcement orders entered by the Tribal

Court pursuant to this Article.

17-11-103.

Penalties. Any Person who violates an enforcement order issued by the Tribal

Court shall be liable, in addition to the remedial measures contained in the

Commission order, for one or more of the following:

(1)

A civil money penalty.

(2)

A civil remedial forfeiture of any property used in the commission of a

violation of an enforcement order.

(3)

Suspension or revocation of any license or permit issued to the violator by

the Tribe. Suspension or revocation of any business registration or

Compliance agreement issued to the violator by the Tribe.

(4)

Court costs and attorney’s fees.

Article 12. TRIBAL COUNCIL WAIVER

17-12-101.

Waiver. After notification and consultation with TERO, the Tribal Council may

waive provisions of this Code if such waiver is deemed to be in the best interest of

the Tribe. The waiver must be explicitly stated and authorized pursuant to a tribal

resolution approved by the Tribal Council.

17-12-102.

Emergency Waiver. Upon declaration by the Tribal Chairman that an

emergency exists that threatens the public health or safety, and which requires an

immediate response, this Code may be temporarily waived, and a Covered

Employer, including the Tribe, the Growth Fund, Shared Services or the Casino,

may engage the services of any party reasonably necessary to address the

emergency. Once the emergency conditions have been addressed, the provisions

of this Code shall be fully operational and applicable.

Red font with strikethroughs indicates deleted language and blue underlined font indicate added

language. Shading with small caps or strikethroughs indicates amendments made by Tribal

Council, internal departments, TERO, and the TERO Commission after the work session held on

Sept. 26, 2025.

LS-24-02_version 5.4

TITLE 17

TERO CODE

History and Amendments1

The Southern Ute Indian Tribal Employment Rights Code adopted by Tribal Resolution No. 93-13

on February 2, 1993, approved by the Bureau of Indian Affairs and effective on June 4, 1993.

Amendments adopted to the Tribal Employment Rights Code regarding employment and

contracting preference by Resolution No. 98-141 on September 9, 1998.

Approved revisions to the TERO Code by Resolution No 2006-37 on February 14, 2006.

Revised TERO Code approved by Resolution 2018-152 on August 21, 2018, approved by the

Bureau of Indian Affairs and effective on February 13, 2019.

New official Tribal Code adopted with technical amendments to Title 18, TERO Code, among

other Codes, by Resolution No. 2021-151, submitted to the Bureau of Indian Affairs on October

20, 2021.

This page does not constitute an official part of any code. Information contained on this page is solely for

informational and historical purposes and is from sources deemed reliable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.