Resolution
No. 02-20
BLUE LAKE RANCHERIA LAW & ORDER CODE
[No.
02-01] TITLE 26: INDIAN PREFERENCE ORDINANCE
| Purpose: |
The
purpose of this ordinance is to provide maximum employment opportunity
and preference in hiring, promotion, transfer, training, layoffs,
interim appointments and all other aspects of employment to members
of the Blue Lake Rancheria, direct descendants and to other Indians.
Further, the Blue Lake Tribal Council desires to be in compliance
with the "Tribal-State Gaming Compact" as it reads:
"Sec.
10.0. PUBLIC AND WORKPLACE HEALTH, SAFETY, AND LIABILITY."
"Sec.
10.2. Compliance. For the purposes of this Gaming Compact, the
Tribal Gaming Operation shall:"
"(g)
Adopt and comply with standards no less stringent than federal
laws and state laws forbidding employers generally from discriminating
in the employment of persons to work for the Gaming Operation
or in the Gaming Facility on the basis of race, color, religion,
national origin, gender, sexual orientation, age or disability
provided that nothing herein shall preclude the tribe from giving
a preference in employment to Indians, pursuant to a duly adopted
tribal ordinance."
|
| Justification: |
Federally
recognized Indian tribes of the United States are domestic sovereign
nations and both Federal and State governments recognize the Blue
Lake Rancheria's inherent right to make their own laws, especially
in regulating commerce activities such as employment practices.
Optimum employment of Indian people of the Blue Lake Rancheria,
as well as other members of federally recognized tribes, are critical
elements to building self-sufficiency and exercising sovereignty
that helps to combat poverty and social ills. Therefore, the Blue
Lake Rancheria Tribal Council desires to assure that enrolled members,
member's spouse, descendants of the Blue Lake Rancheria Tribe, and
other Native Americans receive the maximum benefits generated by
its entities and enterprises. |
Section 26.1 - Definitions
A. "Employee"
means any person paid wages, salary, or stipend by the Blue Lake Rancheria
or any of its entities and enterprises.
B. "Employer"
means the Blue Lake Rancheria, its subdivisions, entities and enterprises.
The definition of employer also includes the Blue Lake Casino.
C. "Indian
Preference" means the process of selecting a person for employment
based upon a preference applied when two or more persons are considered
equally strong employee applicants following an interview of a pool
of qualified applicants.
D. "Meet
Qualifications" means that the applicant or employee possesses the
skills, education, experience or other job-related requirements in
the job description or job announcement.
E. "Enrolled
Member" means a person who is officially enrolled as a member of the
Blue Lake Rancheria.
F. "Spouse"
means legally married spouse of an enrolled member of the Blue Lake
Rancheria
G. "Other
Indian" means any person who is enrolled as a member of a federally
recognized or state recognized Indian tribe or any other Tribe recognized
by the Blue Lake Rancheria Tribal Council.
Section 26.2 - Establishing Indian Preference
(A) Indian
preference shall be given according to Section 26.3 below when it
is established that the employee or applicant meets qualifications
as stated in the job description or the job announcement. If the person
has the qualifications as stated, he or she is eligible for the position
and shall not be denied if another person at a lower preference has
higher qualifications than are necessary for the position. If more
than one person at the same preference level meets qualifications
the decision-makers shall have discretionary power. Accordingly, when
preparing job descriptions or job announcements care should be taken
to establish qualifications that fit the desired needs of the position.
(B) It
shall be prohibited to use job qualifications or personnel requirements
which are not necessary to the position and which act as barriers
to employment preference.
Section 26.3 -Order of Preference
(A) The
following order of preference shall be given when offering employment
opportunities of any kind including hiring, promotions, transfers,
training, layoffs, interim appointments, and all other aspects of
employment:
(1)
Enrolled member.
(2)
Spouse of Tribal Member
(3)
Other Indian.
Section 26.4 - Coverage
This Ordinance
shall be binding on all entities, enterprises, and organizations operating
under the Blue Lake Rancheria, and shall supersede all previous actions
and policies regarding Indian preference in employment.
Section 26.5 - Enforcement
(A) The
Human Resources Department shall have the responsibility and authority
to assure that the provisions of this ordinance are implemented and
enforced.
(B) The
Employment Preference Compliance Report must be completed and signed
by the appropriate Human Resources Director.
(C) After
the tribal department manager or manager within any tribal enterprise
selects an applicant, if the Human Resources Department determines
that there was a violation of this Ordinance, the Human Resources
Department will inform the Tribal Administrator of CEO of any tribal
enterprise; including the Blue Lake Casino. The Human Resources Department
and Tribal Administrator will discuss the matter and the parties involved
will make a good faith effort to reach agreement on an applicant whose
selection complies with this Ordinance. If an agreement cannot be
reached, the Tribal Administrator or CEO of any tribal enterprise;
including the Blue Lake Casino, ha& the authority, if applicable,
to resolve the problem to re-interview the employee applicants and
select the new employee.
(D) The
final avenue for due process is to take an issue to the Tribal Council
for a final decision for a violation of this ordinance.
COMMENT:
Section
54.5 (B); this section is intended to take into account the different
tribal entities. The Tribe already has more than one Human Resources
Director; non-Casino and Casino.
Section 26.6 - Effect of Title 26, Indian Preference Ordinance
When interpreting
any section of this Ordinance, if there is any dispute or conflict,
then the language and provisions of this Ordinance and the employee
rights' ordinance, those disputes shall be resolved in favor of the
employee or applicant.
Section 26.7 - Effective Date and Amendments
(A) This
Ordinance shall be effective upon the approval of a resolution adopting
same by the Blue Lake Rancheria Tribal Council.
(B) This
Ordinance may be amended by resolution of the Blue Lake Rancheria Tribal
Council.
RESOLUTION
OF THE BLUE LAKE RANCHERIA
NO. 02-20
|
SUBJECT:
|
The
adoption of the Title 26: Indian Preference Ordinance (as attached)
as Blue Lake Rancheria Tribal Law. |
| WHEREAS: |
The
Rancheria Constitution has been approved by the Assistant Secretary
of the Indian Affairs on March 22, 1989 and revised and approved
by the Assistant Secretary of the Indian Affairs on February 11,
1994 authorizing full governmental powers to the duly elected Business
Council; and |
| WHEREAS: |
The
Blue Lake Rancheria Business Council is empowered to develop and
enforce laws that meet the unique needs of American Indians residing
on and working for the Blue Lake Rancheria; and |
| WHEREAS: |
The
Tribal Council recognizes that Native American persons, historically,
have been disadvantaged when applying for employment, and seeking
advancement within their employment; and |
| WHEREAS: |
The
Tribal Council feels that the adoption of an Indian Preference Ordinance
will enhance opportunities for Native American persons seeking employment
and advancement within the Tribe's jurisdiction; and |
| WHEREAS: |
The
Tribal Council feels that enacting such laws as the Indian Preference
Ordinance will not only aid in the Tribe's regulation of employment
practices but provide the means to build self-sufficiency among
Natives people, combating poverty and social ills. |
NOW THEREFORE BE IT RESOLVED, THAT the Blue Lake Rancheria Tribal
Business Council hereby adopts the Title 26: Indian Preference Ordinance
as a part of the Tribal Law & Order Code with the express intent
of optimizing employment for Indian people of the Blue Lake Rancheria,
as well as other members of federally recognized tribes, in an effort
to aid in the growth of self-sufficiency among Native peoples, endeavoring
to combat poverty and social ills.
CERTIFICATION
| As
the Chairperson of the Business Council for the Blue Lake Rancheria,
I hereby certify that the Business Council adopted this resolution
by a vote of 5 for, with 0 against, with 0
abstaining, with 0 absent, on this 28th day of
May 2002. |
_______________/s/________________
Claudia Brundin, Chairperson |
__May
28, 2002____
Date of Approval |
|
ATTEST:
_______________/s/________________
Melanie Shelanskey, Tribal Secretary
|
__May
28, 2002____
Date of Approval |
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