Walker River Paiute Tribe

Walker River Paiute Tribe

TRIBAL EMPLOYMENT RIGHTS ORDINANCE OFFICE

“AGANDI

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Ea iy P.O. BOX 15, SCHURZ, NEVADA 89427

ORDINANCE OF THE GOVERNING BODY

OF THE

WALKER RIVER PAIUTE TRIBE

TRIBAL EMPLOYMENT RIGHTS ORDINANCE WR-O1-01

Section 1: Declaration of Policy

A Tribal Law on employment rights and opportunities is necessary to implement

“Indian Preference” in hiring, promotion, training, layoffs and al] other aspects of employment

on the Walker River Paiute Reservation. This TERO Ordinance defines the procedures and |

policies to govern the implementation of these employment rights and opportunities,

Like land, water, air, and minerals, that is of importance to the Walker River Paiute Tribe,

employment opportunities are equally important in order that Indian Preference be given to

Section 2: Definitions

gecnon «: Definitions

A. “Employee” means any person employed for wages or salary for work performed.

B. “Employer” means any person, partnership, Corporation or entity that employs, for

C. “Covered Employer’ means any employer employing two or more employees who

D. “Entity” means any person, partnership, Corporation, joint venture, government,

governmental enterprise, or any other organization. The term “entity” is intended to be as

employment and contract activities within the Tribe’s jurisdiction, and the term shall be

80 interpreted by the Commission, Tribal Council, legal Counsel, and the courts,

TERO Ordinance WR-01-0]

Amendment Approved by Tribal Council, July 8, 2010

RESOLUTION No. WR-74-2010

i

E. “Commission” means the Walker River Paiute Tribal Employment Rights Commission

established by this Ordinance.

F. “Commercial Enterprise” means any activity by the Walker River Paiute Tribe or of the

Federal or State grants this is not a traditional grant function as defined by the IRS.

G. “Indian” means any member of a Federally Recognized Tribe.

H. “Local Indian” means any member of a Federally Recognized Tribe who resides within

the boundaries of the Walker River Paiute Reservation.

I. “Tribal Member” means any enrolled member of the Walker River Paiute Tribe.

J. “TERO” means Tribal Employment Rights Ordinance.

Section 3: Indian Preference in Employment

All covered employers for all employment occurring within the exterior boundaries of the

Walker River Pajute Reservation shall give preference to qualified Indians with the first

preference to Tribal Members in all hiring, promotion, training, layoffs and all other aspects

of employment. Such employers shall comply with the rules, regulations, guidelines, and

orders of the Walker River Paiute Tribal Employment Rights Commission which set forth the

specific obligations of employers in regard to Indian preference and Tribal Indian preference

priority as follows:

Tribal Members

Local Indians Supporting Tribal Members

Local Indians

Indians from surrounding communities (Non-Local Indian)

These requirements shall not apply to any direct employment by the Walker River Paiute

Tribe or by the Federal, State, or other Government or their subdivisions. It shall apply to all

contractors or grantees of such Governments and to all commercial enterprises operated by

such Governments.

Employment Discrimination or unequal treatment of Tribal Members or other Indians is

prohibited, Equal treatment in employment includes, without limitation, wage, salary and

benefits equality and any other employment action.

Section 4: Indian Preference in Lay-offs and T: ermination

All non-Indian employees in the same job classification as a Tribal member or Indian must

be subject to a lay-off, reduction in work force, or termination before such adverse action is

taken against the Tribal member or Indian. Every lay-off, reduction in force or termination

must be made in the following order.

1. Non-Indian first

2. Indians who are not Tribal Members

3. Tribal Members Last

TERO Ordinance WR-01-1

Amendment Approved by Tribal Council, duly 8, 2010

RESOLUTION No. WR-74-2010

2

Further, if a covered employer lays off workers by crews or other groups, all qualified Tribal

members or Indians shall be transferred to crews or other groups to be retained so long as

non-Indians in the same job classification are employed,

Section 5: Indian Preference in Contracting

These requirements shall apply to the contracts awarded directly by the Walker River Paiute

Tribal Council or by the Federal or State governments or their subdivisions. They shall also

apply to any contracts awarded by any commercial enterprises of the Walker River Paiute

Tribe, even if said contracts must be submitted to the Walker River Paiute Tribal Council for

approval. Tribal programs or divisions other than commercial enterprises shall be required to

comply with these requirements when submitting a contract to the Walker River Paiute

Tribal Council for approval, to indicate the steps taken to award the contract to a Tribal

member contractor. These requirements shall also apply to all subcontracts awarded whether

or not the prime contractor is subject to these requirements. All covered entities shall comply

with the rules, regulations, guidelines and orders of the Comunission that set forth the specific

Section 7: Union

Any covered employer who has a collective bargaining agreement with one or more unions

shall obtain written agreement for such unions(s) stating that the union shall comply with the

and regulations. Nothing herein shall constitute official tribal recognition of any union or

tribal endorsement of any union activities on the Walker River Paiute Reservation. Such

Section 8: Commission; Members: Compensation: Ovorum

A. There is a created Walker River Tribal Employment Rights Commission.

B. The Commission shall be composed of five commissioners appointed by the Walker

River Paiute Tribal Council. The Commissioners shall be appointed to serve two year

Staggered terms. Commission members must be Tribal members and reside within the

boundaries of the Walker River Paiute Reservation.

TERO Ordinance WR-01-01

Amendment Approved by Tribat Council, duly 8, 2010

RESOLUTION No, WR-74-2010

3

c.

Members of the Commission shall be entitled to receive mileage, per diem, travel and

meeting pay stipend payments at a rate of $75.00 per day while attending meetings,

conferences, trainings, etc. Regular and/or Special meetings shall be paid at a rate of

$50.00 per commissioner, with the Secretary receiving $60.00. All travel must meet

the standards of the Walker River Paiute Tribe’s Travel Policies.

. Three members of the Commission shall constitute a quorum to transact business.

When a vacancy occurs on the Commission, the Tribal Council shall appoint a

Commissioner to fill the unexpired term. The remaining members may exercise al{

the powers of the Conmnission until the vacancy is filled.

Section 9: Powers of the Commission

The Commission has the full power, jurisdiction, and authority to:

A.

Implement and enforce the Tribal Employment Rights Ordinance, formulate, adopt,

amend and rescind rules, regulations and guidelines necessary to carry out the

provisions of this ordinance. The Commission shall have the right to impose its own

requirement in addition to or in lieu of EEOC guidelines necessary to address unique

qualification problems confronting Indians,

Enter into agreements with unions to insure union compliance with this ordinance.

Such agreements shall in no way constitute recognition or endorsement of any union.

Impose contract and subcontract preference requirements with a first preference to

Tribal Member Indian firms and establish and operate a system for certifying firms as

eligible for Tribal member preference and Indian preference.

Section 10: Director Qualifications: Staff: Duties

A.

B.

Cc.

The TERO Director shall be hired in accordance with the Tribe’s Personnel Policy

and will be required to adhere to those said policies while employed as the TERO

Director. The TERO Director must be a member of the Walker River Paiute Tribe.

The TERO Director will be under the direct supervision of the Tribal Chairperson or

designee.

The TERO Director shall have such administrative ability, education and training as

the Commission determines.

The TERO Director shall have the authority to fill vacancies in the TERO Office by

advertising and using Tribal Personnel Policies to hire staff, to extend funds obtained

from Federal, State, or other sources to carry out the purposes of the TERO

Commission.

The TERO Director shall administer the policies, authorities and duties prescribed for

him/her in this ordinance and delegated to him/her by the Commission pursuant to

Section 10.

TERO Ordinance WR-O1-O1

Amendment Approved by Tribal Council, fuly 8, 2010

RESOLUTION No, WR-74-2010

4

Section 11: Delegation of Authority

The Commission shall delegate the TERO Director the authority to carry out the day to day

operations of the Commission and such other authority as is convenient or necessary to the

efficient administration of this ordinance.

Section 12: Intergovernmental Relationships

The commission, acting through the TERO Director, is authorized to enter into cooperative

relationships with Federal Employment Rights a gencies, such as EEOC and OF CCP, in order

to eliminate discrimination against Indians on and off the Walker River Paiute Reservation.

Section 13: Employment Rights Fee

An. employment rights fee to raise revenue for the operation of the TERO Office and

program is imposed as follows: :

A. Every covered employer with a construction contract in the sum of $25,000 or more

shall pay a one-time fee of 3% of the total amount of the contract. The employer prior

to commencing work on the Walker River Paiute Reservation shall pay such fee,

However, where good cause is shown, the TERO Director may authorize a

construction contractor to pay said fee in installments over the course of the contract.

B. Every covered Employer other than. construction contractors with:

i. Employees working on or near the Walker River Paiute Reservation,

ii. All other contracts entered into by the Walker River Paiute Tribe will be assessed

a3% TERO fee. These will include Professional Services contracts, etc.

iii. Entities with gross revenues from the Walker River Paiute Tribe Reservation of

$25,000 annually, shall pay a quarterly fee of 3% of his/her non-Indian employees

8ross quarterly payroll as certified on payroll records for that quarter, which sball

be paid within 30 days after the end of each quarter.

(Amended: /1 0/2008, Resolution WR-1 '0-2008}

C. The TERO Director shall be responsible for collecting said fees pursuant to any rules

and regulations adopted by the Commission. The said fees shall be paid to the Walker

River Paiute Tribe and shall be credited to a specific TERO Account.

Section 14: Long Term Projects/Energy, Mining, Renewable Resources and for Other

_ Projects/Programs that will Benefit the ‘Tribe:

Amendment Approved by Tribal Council, July 8, 2010

RESOLUTION No, WR-74-2010

5

may take into account the entity’s training programs, funding for training programs or other

capacity building programs for Walker River Paiutes and Indian employees. The projected

payroll, the value of projected contracts and subcontracts, the values of buildings, structures

and infrastructure and other economic benefits, that may be or are realized by the Walker

River Paiute Tribe and its members, will be considered, reviewed and applied in such an

agreement. Negotiated agreements may/will include a clause that would allow for renegotiation every ten (10) years or at a time period that has been agreed upon in negotiations.

The purpose of this Section is too allow long term projects on the Walker River Paiute

Reservation, ensure that the TERO Department and Tribe receive fair and equitable fees from

such projects, ensure that Tribal members, local Indians and others are employed at such and

that adequate training dollars are received by the TERO Department. (Amended: 7/8/2010,

Resolution WR-74-2010)

Section 15: Complaints

Any individual, group of individuals or organization that believes any covered employer or

entity, or the Commission has violated any requirements imposed by this Ordinance or

regulations issued pursuant to it, may file a complaint with the TERO Director. The

complaint shall be in writing and shall provide such information as is necessary to enable the

TERO Director to carry out an investigation. The TERO Director shall investigate every

complaint filed with him/her. If upon investigation he/she has reason to believe a violation

has occurred, he/she shall proceed pursuant to the provisions of Section 16. Within 20 days

after receipt of the complaint, the TERO Director shall provide the complaining party with a

written report on the status of the complaint.

Section 16: Investigation

The TERO Director shall conduct such public or private investigations within the Walker

River Paiute Reservation as he/she or the Commission deems necessary to determine whether

any covered employer or other covered entity has violated any provision of this ordinance.

The TERO Director or his designee may enter, during business hours, the place of business

or employment of any employer for the purpose of such investigations. The TERO Director

may require the covered employer or entity to submit such reports and information as

necessary to complete investigation as well as monitor compliance with the requirements of

this ordinance.

Section 17: Power to Require Testimony & Production of Records

For the purposes of investigations or hearings, the TERO Director or the Commission may

require testimony and production of records for the enforcement of this ordinance. The

TERO Director, a designated Commissioner, or any field compliance officer, designated by

the TERO Director, may administer oaths of-affirmations, subpoena witnesses, take evidence

and require, by citations, the production of books, papers, contracts, agreements or other

documents, records or information which the TERO Director or the Commission deems

relevant to the inquiry.

TERO Ordinance WR-0/-01

Amendment Approved by Tribal Council, July 8, 2010

RESOLUTION No. WR-74-2010

6

Section 18: Enforcement

A. After conducting an investigation initiated by a complaint pursuant to Section 15, or

an investigation pursuant to Section 16, the TERO Director has reason to believe a

violation of this ordinance has occurred, the TERO Director shall notify the covered

employer or entity in writing, specifying the alleged violations. The TERO Director

may withhold name(s) of the complaining party if he/she has reason to believe such

party shall be subject to retaliation. The TERO Director shall seek to achieve an

informal settlement of the alleged violation. If the TERO Director is unable to do So,

he/she shall issue a formal notice of non-compliance, which shall also advise the

of such notice, to comply. If the TERO Director has reason to believe irreparable

harm will occur during that period, he/she may require that compliance occur within

fewer than five days. If the party fails or refuses to comply, he/she may request a

hearing before the Commission, which shall be held no sooner than five days and no

later than 30 days after the date for compliance as set forth in the TERO Director’s

notification. An expedited hearing may be deemed necessary by the TERO

Commission to avoid irreparable harm. If a party fails or refuses to comply and does

not request a hearing, the Commission may proceed pursuant to Subsection E.

C. If the TERO Director has good cause to believe that there is a possibility that the

party requesting the hearing, will remove itself or its property form the jurisdiction of

the Tribe prior to the hearing, he/she may require the party to post a bond with the

TERO Commission. The amount must be sufficient to cover possible monetary

damages that may be assessed against the party at the hearing. If the party fails or

refuses to post said bond, the TERO Director may proceed pursuant to Subsection E,

The TERO Director may also petition the Walker River Paiute Tribal Court for such

interim and injunctive relief as is appropriate to protect the rights of the Commission

and other parties during the hearing proceedings.

Commission shall not be bound by technical rules of evidence in the conducting of

hearing under ordinance, No informality in any proceeding, as in the manner of

approved or confirmed by the TERO Commission. No stenographic record of the

proceedings and testimony shall be required, except upon atrangement by, and at the

hearing is requested, the TERO Commission may:

1. Deny such party the tight to commence business on the Walker River

2. Suspend such party’s operation on the Walker River Paiute Reservation,

TERO Ordinance WR-01-01

Amendment Approved by Tribal Council, July 8, 2019

RESOLUTION No. WR-74-2010

7

3. Terminate such party’s operation on the Walker River Paiute

Reservation.

4. Deny the right of such party to conduct any further business within the

boundaries of the Walker River Paiute Reservation.

5. Impose a civil fine on such party in an amount not to exceed $15,000 per

violation, per day.

6. Order such party to make payment of back pay to any aggrieved

employee.

7. Order such party to dismiss any employees hired in violation of the

Walker River Paiute Tribe Employment Rights requirements.

8. Order the party to take such action as is necessary to ensure compliance

with this ordinance or to remedy any harm caused by a violation of this

ordinance.

The TERO Commission’s decision shall be in writing and served on the charged party by

registered mail or in person, no later than 30 days after the close of the hearing. The party’s

failure to comply immediately with the TERO Commission’s orders will be turned over to

the Tribal Court for injunctive relief. The court will be requested to grant such injunctive

relief, as is necessary to preserve the rights of the beneficiaries of this ordinance or to prevent

irreparable harm, pending the party’s appeal or expiration of the time to appeal.

Section 19: Appeals

A. An appeal to the Tribal Court may be taken from any final order of the TERO

Commission by any party adversely affected thereby. Said appeal must be filed no

later than 20 days after the party receives a copy of the Commission’s decision, The

Tribal Court shali uphold the decision of the Commission unless it is capricious or in

excess of the authority of the TERO Commission. The appeal shall be taken by

serving a written notice of appeal with the Tribal Court, with a copy to the TERO

Director within 20 days after the date of entry of the order. The notice of appeal shall:

1. Set forth the order from which appeal is taken.

2. Specify the grounds upon which reversal of modification is sought.

3. Be signed by appellant.

B. The Order of the Commission shall abate, pending the determination of the Tribal

Court. The TERO Director or TERO Commission may petition the Walker River

Paiute Tribal Court to order the party, requesting a hearing, to post a bond sufficient

to cover monetary damages that the TERO Commission assessed against such party.

The Court shall specifically direct the TERO Commission as to further action in the

matter. If the TERO Commission’s order is upheld on appeal or if no appeal is sought

within 20 days from the date of party’s receipt, the TERO Commission shall petition

the Court to grant such orders as are necessary to enforce the decision of the TERO

Commission and the sanctions imposed by it.

TERO Ordinance WR-01-01

Amendment Approved by Tribal Council, July 8, 2010

RESOLUTION No, WR-74-2010

8

C. If at any stage in the enforcement process the TERO Commission has reason to

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

jurisdiction of the Tribal Court, the TERO Commission may petition the Tribal Court,

to attach and hold sufficient property of the party, in order to secure compliance.

Section 20: Confiscation and Sale

the jurisdiction of the Tribal Court. If the Court finds the petition to be valid, it shall order the

Tribal Police to confiscate and hold said property. The Tribal Police shall deliver in person,

Section 21: Severability

The act by which any section or provision of this ordinance is declared invalid by a court of

competent jurisdiction, the remaining sections or provisions are capable of maintaining a

complete and independent existence.

Section 22: TERO Ordinance

The adopted TERO Ordinance shall supersede any regulations or ordinances previously

adopted by the Walker River Paiute Tribal Council.

Section 23: Amendments

TERO Ordinance WR-01-0]

Aimendment Approved dy Tribal Council, July 8, 2010

RESOLUTION No, WR-74-2010

9

CERTIFICATION OF AMENDMENT

Per Tribal! Council Resolution No... WR-74-2010

It is hereby certified that the following ordinance of the Walker River Paiute Tribal Council,

composed of seven members of whorn 7 constitute a quorum were present at a meeting held

on the 8" day of July, 2010, and that the foregoing Ordinance was amended by the

affirmative vote of 6 FOR, 0 AGAINST, and 0 ABSTENTIONS, pursuant to the authority

coniained in Article VI, Section I(e), of the Constitution and By-laws of the Walker River

Paiute Tribe of Nevada, approved on March 26, 1937.

: a

Wthascse § YN Bi

Melanie McFalls, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBAL COUNCIL

Amendment as per Tribal Council Resolution No. WR-74-2010 included the inclusion of

the following section:

Section 14: Long Term Projects/Energy, Mining, Renewable Resources and for Other

Projects/Programs that will Benefit the Tribe

TERO Ordinance WR-01-0}

Amendment Approved by Tribal Council, July 8, 2010

RESOLUTION No, WR-74-2010

10

BE IT FINALLY RESOLVED, that the attached TERO amendment will be in effect immediately

upon approval and that such will be submitted to the Bureau of Indian Affairs for inclusion into

their official records.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council,

composed of seven members, of whom _/ constituting a quorum were present at a Tribal

Council meeting on the g® day of July, 2010, and that the foregoing Resolution was adopted by

the affirmative vote __(e. FOR, and __0 AGAINST, and Ci ABSTENTIONS, pursuant to

the authority contained in Article VI, Section 1(h) and (q), of the Constitution and Bylaws of the

Walker River Paiute Tribe of Nevada, approved on March 26, 1937.

. é

ae McFalls, Tribal i kes Secretary

Walker River Paiute Tribe