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10-1-1 Declaration of Policy

As a guide to the interpretation and application of this Chapter, the public policy of the Confederated Tribes of the Colville Reservation is declared to be as follows:

Like land, water, and minerals, jobs, subcontracts, leases and contracts on or near the Colville Reservation are an important resource for Indian people and Indians must use their rights to obtain their rightful share of such opportunities as they become available. Indians have unique employment rights, subcontract and contract rights and the Colville Tribal Government has the inherent sovereign power to pass laws to implement and enforce those special rights on behalf of Indians. Indians are also entitled to the protection of the laws that the Federal Government has adopted to combat employment discrimination, and tribal governments can and should play a role in the enforcement of those laws. The Confederated Tribes of the Colville Reservation believes it is important to establish an employment rights program and office in order to optimize the aforementioned laws and powers to increase employment of Indian workers and businesses and to eradicate discrimination against Indians.

10-1-2 Definitions

(a) "Employee" means any person employed for remuneration.

(b) "Employer" means any person, partnership, corporation, or other entity that employs, for wages, two or more employees.

(c) "Covered Employer" means any employer employing two or more employees who during who during any 20 day period spend, cumulatively, 16 or more hours performing work within the Colville Reservation lands and territories.

(d) "Entity" means any person, partnership, corporation, joint venture, government, governmental enterprise, or any other natural or artificial person or organization. The term "entity" is intended to be as broad and encompassing as possible to ensure this Chapter's jurisdiction, and the term shall be so interpreted by the Commission and the courts.

(e) "Council" means the Business Council of the Confederated Tribes of the Colville Reservation.

(f) "Commission" means the Colville Tribal Employment Rights Commission established by this Chapter.

(g) "Commercial Enterprise" means any activity by the Confederated Tribes of the Colville Reservation or of the federal or state governments that is not a traditional government function as defined by the Internal Revenue Service.

(h) "Indian Contractor" shall mean a firm which qualifies for Indian contract preference certification under this Chapter.

(i) "Indian" means any member of a federally-recognized Indian Tribe, Band, or Nation.

(j) "Local Indian" means any Indian who resides within the lands and territories of the Colville Reservation, or within thirty-five miles of said lands and territories; provided, that Indians residing on the Spokane Indian Reservation shall not be considered local Indians.

(k) "Director" means the director of the Tribal Employment Rights Office.

(l) "TERO" means the Tribal Employment Rights Office.

(m)"Covered Employer" means any employer employing two or more employees who during any 20 consecutive day period, spend, cumulatively, 16 or more hours performing work within the lands and territories of the Colville Reservation.

10-1-3 Indian Preference in Employment

All covered employers, for all employment occurring within the lands and territories of the Colville Reservation, shall give preference to Indians meeting threshold requirements of the job, with the first preference to local Indians, in all hiring, promotion, training, layoffs, and all other aspects of employment. Such employers shall comply with this Chapter and the rules, regulations, guidelines, and orders duly and lawfully adopted pursuant to it which set forth the specific obligations of employers in regard to Indian preference. This Chapter shall not apply to direct employment by the Confederated Tribes of the Colville Reservation, by the federal, state, or other governments or their subdivisions; provided, it shall apply to all contractors or grantees of such governments and to all proprietary or commercial enterprises operated by such governments; and provided further, it shall apply to all tribal governmental corporations organized under CTC Chapter 7-1, federal corporations organized under 25 USC 477 and any employment not covered by the Tribes' Plan of Operations.

10-1-4 Indian Preference in Contracting

All entities awarding contracts or subcontracts for supplies, services, labor and/or materials in an amount of $5,000 or more where the majority of the work on the contract or subcontract will occur within the lands and territories of the Colville Reservation, shall give preference in contracting and subcontracting to qualified entities that are certified by the Commission as 51% or more Indian owned and controlled. These requirements shall not apply to the award of contracts awarded directly by the Colville Business Council or by the federal or state government or their subdivisions and shall not apply to entities subject to the provisions of CTC Chapter 10-3. These requirements shall apply to all subcontracts awarded by a tribal, federal, or state direct contractor or grantee, whether or not the prime contract was subject to these requirements unless the subcontract is subject to the provisions of CTC Chapter 10-3. All covered entities shall comply with the rules, regulations, guidelines, and orders of the Commission which set forth the specific obligations of such entities in regard to Indian preference in contracting and subcontracting. The Commission by regulation shall establish a system for certifying firms as Indian preference eligible.

10-1-5 Unions

Any covered employer who has a collective bargaining agreement with one or more unions shall obtain written agreement from such union(s) stating that the union shall comply with Indian preference laws, and with this Chapter and rules, regulations and guidelines of the Confederated Tribes of the Colville Reservation. Such agreement shall be subject to the approval of the Director.

10-1-6 Commission; Members; Compensation: Quorum

(a) There is created a Colville Tribal Employment Rights Commission.

(b) The Commission shall be composed of four (4) appointed members, one residing in each reservation political district, and one alternate member. Commission members shall be appointed by the Colville Business Council. The Commission shall designate one of such commissioners as Commission chairman. Commissioners shall serve for a two year term.

(c) For carrying out their duties members of the Commission shall be entitled to receive, upon presentation of proper vouchers, such mileage and per diem payments as are in effect for members of the Colville Business Council. Such payments shall be limited by a budget approved by the Colville Business Council.

(d) Three Commissioners shall constitute a quorum to transact business. When a vacancy occurs in the Commission, the remaining members may exercise all the powers of the Commission until the vacancy is filled.

10-1-7 Powers of the Commission

 

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

(a) To carry out the provisions of this Chapter, and propose regulations pursuant to Chapter 2-4 of the Colville Tribal Code, and submit the proposals to the Colville Business Council for their action.

(b) Hold administrative hearings and issue findings and orders pursuant to CTC Chapter 2-4.

(c) To hear appeals from the actions of the Director.

10-1-8 Director; Qualifications; Staff; Duties

(a) The Colville Business Council shall have exclusive authority to appoint, direct, suspend, or remove the Director of the TERO Program, pursuant to Resolution # or Pursuant to the policies and procedures of the Colville Tribal Plan of Operations.

(b) The Director shall have such administrative ability, education, and training as the Council determines.

(c) The Director shall have the authority to hire staff, to expend funds appropriated by the Colville Business Council, and to obtain and expend funding from federal, state, or other sources to carry out the purposes of this Chapter, subject to approval by the Colville Business Council.

(d) The Director shall propose, recommend, draft, and administer the policies, authorities, and duties authorized by this Chapter and by the Commission.

10-1-9 Authority of Director

 

The Director shall have the authority to carry out the day-to-day operations of the TERO, to enforce this Chapter, to employ and supervise staff for the TERO pursuant to the tribal plan of operations, and such other authority as is convenient or necessary to the efficient administration of this Chapter.

(a) Assist the Commission to propose, adoption, amendment, and recision of rules, regulations, or guidelines.

(b) To assess sanctions pursuant to Section 10-1-15 and represent the TERO at hearings and appeals before the Commission, the Colville Business Council, and any court or other adjudicatory body.

10-1-10 Intergovernmental Relationships

The Commission acting by regulation not inconsistent with this Chapter is authorized to enter into cooperative relationships with federal employment rights agencies, such as Equal Employment Opportunity Commission (EEOC), and Office of Federal Contract Compliance Program (OFCCP), in order to eliminate discrimination against Indians on and off the Colville Reservation.

10-1-11 Employment Rights Fee

 

An employment rights fee, to pay for the operation of the Commission and the Tribal Employment Rights Office's services, is imposed as follows:

(a) Every covered employer with a construction contract in the sum of $5,000 or more shall pay a onetime fee of 2% of the total amount of the contract. Such fee shall be paid by the employer prior to commencing work on the Colville Reservation. However, where good cause is shown, the Director, with the approval of the Commission, 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 two (2) or more employees working on the Colville Reservation shall pay a quarterly fee of 2% of his employees quarterly payroll which shall be paid within 30 days after the end of each quarter. This fee shall not apply to educational, health, governmental, or nonprofit employers; however, it shall apply to all contracts let by educational, health, governmental or non-profit employers to non-educational, non-health, non-governmental, or for-profit employers.

(c) The Director shall be responsible for collecting said fees pursuant to any rules and regulations adopted by the Colville Business Council. Said fees shall be paid to the Colville tribal finance department and shall be credited to the TERO Administration line item in the general fund of the Confederated Tribes of the Colville Reservation.

10-1-12 Complaints

Any person, group of persons, or organization including any employee of the TERO that believes any covered employer or entity, has violated any requirements imposed by this Chapter or regulations adopted under it may file a complaint with the TERO. The Complaint shall be in writing, shall be signed under oath by the Complainant, and shall provide such information as is necessary to enable the Director to carry out an investigation. The Director shall investigate every complaint filed. If upon investigation, the Director has reason to believe a violation of this Chapter or regulations adopted under it has occurred, and the TERO has jurisdiction over the complaint, the Director shall proceed pursuant to the provisions of Section 10-1-15. Within 20 days after receipt of the complaint, and on a regular basis thereafter, the Director shall provide the complaining party with a written report on the status of the complaint.

10-1-13 Investigations

The Director, or any field compliance officer- employed by the Director, shall make such investigations as the Director or the Commission deems necessary to determine whether any covered employer or other covered entity has violated any provision of this Chapter or any rule or order hereunder, or to aid in prescribing rules, regulations, and guidelines hereunder. The Director or a field compliance officer may enter, during business hours, the place of business or employment of any employer for the purpose of such reports as the Director deems necessary to monitor compliance with the requirements of this Chapter or any rule of order hereunder.

10-1-14 Power to Require Testimony & Production of Records

For the purpose of investigations or hearings which, in the opinion of the Commission, are necessary and proper for the enforcement of this Chapter, the Commission may administer oaths or affirmation, subpoena witnesses, take evidence, and require, by citation, the production of books, papers, contracts, agreements, or other documents, records or information which the Commission deems relevant or material to the inquiry.

10-1-15 Enforcement

(a) When, after conducting an investigation, initiated by a complaint pursuant to Section 10-1-12 or a self-initiated investigation pursuant to Section 10-1-13, the Director has reason to believe a violation of this Chapter or regulations issued pursuant to it has occurred, the Director shall notify the covered employer or entity in writing specifying the alleged violations. The Director may withhold the name(s) of the complaining party only if there is clear and convincing reason to believe such party shall be subject to retaliation. The Director shall seek to achieve an informal settlement of the alleged violation. If no informal settlement is reached, the Director shall issue a formal Notice of Noncompliance, which shall also advise the covered employer or entity of all rights to appeal the Notice.

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