Cheyenne-Arapaho Tribes of Oklahoma [Law and Order Code]
Last amended: 1988
ORDINANCE NO: 6147001 - AN ORDINANCE ESTABLISHING CHEYENNE-ARAPAHO TRIBAL EMPLOYMENT RIGHTS
BE IT ORDAINED BY THE BUSINESS COMMITTEE OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA THAT THIS ORDINANCE REQUIRES PREFERENTIAL EMPLOYMENT OF INDIANS BY NON-GOVERNMENT EMPLOYERS OPERATING WITHIN THE BOUNDARIES OF THE CHEYENNE-ARAPAHO (TRIBAL LANDS) RESERVATION.
SECTION 1: TITLE
shall be cited as the "Cheyenne-Arapaho Tribal Employment Rights
SECTION 2: FINDINGS
Business Committee finds as follows:
(a) The Cheyenne-Arapaho Tribes of Oklahoma has the inherent sovereign power to form its government, administer its own land, and regulate the use of land within the Cheyenne-Arapaho Indian Reservation.
(b) The Cheyenne-Arapaho Tribes of Oklahoma is a federally recognized Tribe with a Constitution and By-Laws approved by the Secretary of the Interior;
(c) The Cheyenne-Arapaho Business Committee is the duly elected representative body of the Cheyenne-Arapaho Tribes of Oklahoma empowered to act in the responsibilities outlined in Article IV, Section 2 through 5.
(d) The Cheyenne-Arapaho Business Committee deems it essential to the orderly management, control and enforcement of Tribal Employment Rights to adopt and implement this Ordinance.
SECTION 3: PURPOSE
(a) The purpose of this Ordinance is to assist in and require the fair employment of Indians and to prevent discrimination against Indians in the employment practices of employers who are doing business with the Cheyenne-Arapaho Tribes of Oklahoma on tribal lands.
(b) Employment and Training:
(1) The Cheyenne-Arapaho Tribes believe that it is important to create employment and training opportunities for the Cheyenne-Arapaho and other Indians An integral part of attaining this goal is by structuring employment and training opportunities on the Cheyenne-Arapaho reservation to provide for the hiring of Indians where qualified, and through the training of Indians where there are not sufficiently qualified Indians to meet the employment opportunities.
(2) Nothing contained in the Code shall violate or undermine federal requirements on Equal Employment Opportunity; namely title VII of the 1964 Civil Rights Act; and the Office of Federal Contract Compliance Program (OFCCP) or Executive Order 11246 Title VII prohibits preferential employment on the basis of race, color, sex, or national origin However, Title VII contains a special exception which makes Indian preference permissible Section 703 (i) states, "Nothing contained in this title shall apply to any business or enterprise on or near an Indian Reservation with regard to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian."
(3) The Bureau of Indian Affairs in its regulations implementing the Indian Self-Determination Act provides for Indian preference in employment and all contracts negotiated pursuant to the Act See 25 USC 3271.44.
(4) The U.S. Congress justifies Tribes' power to impose preferential requirements on the grounds that: 'This exemption is consistent with the Federal Government's policy of encouraging Indian employment and with the special legal position of Indian.
(5) In January 1977, the OFCCP issued regulations which states: "Work on or near Indian Reservations " It shall not be a violation of equal opportunity clause for a construction or non-construction contractor to extend a publicly announced preference in employment to Indians living on or near an Indian Reservation The use of the word "near" would include all that area where a person seeking employment could reasonably be expected to commute to and from in the course of a work day Contractors or sub-contractors extending such a preference shall not, however, discriminate among Indians on the basis of religion, sex, or tribal affiliation, and the use of such a preference shall not excuse a contractor from complying with the other requirements contained in the Section.
SECTION 4: DEFINITION OF TERMS
(a) "Lands" shall mean all trust lands under the jurisdiction of the Cheyenne-Arapaho Tribes, tribal or allotted and all other lands under the jurisdiction of the Cheyenne-Arapaho Tribes of Oklahoma.
(b) "Commerce" shall include all trade, traffic, distribution, communication, transportation, provision of services, manufacturing, production, agricultural production, building, maintenance, construction, banking, mining and energy production.
(c) "Employee" shall mean to include any employee or applicant for employment or former employee whose employment has ceased as a consequence of or in connection with a current labor dispute or because of an unfair labor practice The term "employee" shall not include any individual employed in the domestic services of any family or person at his home, or any individual employed by any other person who is not an employer as herein defined.
(d) "Employee on lands under the jurisdiction of the Cheyenne-Arapaho Tribes" shall mean and include any employee in a non-supervisory, supervisory, non-managerial or managerial position who spends more than one-half of his working hours per pay period, on lands under the jurisdiction of the Cheyenne- Arapaho Tribes.
(e) "Employer" shall include, but is not limited to any person who engages in commerce through paid agents or servants, or who is hired or contracts for services, upon tribal lands under the jurisdiction of the Cheyenne-Arapaho Tribes The term "employer" : includes any person acting as an agent, contractor, or sub-contractor or any employer, directly or indirectly, but shall not include the United States or wholly owned government corporation, or any state or political sub-division thereof; but shall include independent contractors and sub- [text missing].
(f) "Covered employer" shall mean any employer who employs one or more employee(s) on lands under the jurisdiction of the Cheyenne-Arapaho Tribes for an aggregate of 60 working days or more in any twelve month period.
(g) " Indian" shall mean any member of a federally recognized Indian Tribe now under federal jurisdiction.
(h) "Indian owned firm or entity" shall mean any commercial, industrial or other business activity which is owned by an Indian, or Indians, or other Indian owned firm or entity, provided that such Indian ownership constitutes not less than 51% of the enterprise.
(i) "Indian Preference" shall mean that Indians residing on lands under the jurisdiction of the Cheyenne-Arapaho Tribes are given preference over non-resident Indians in employment and training, and the Indians are given preference over nonresident Indians in employment and training, and the Indians are given preference over non-Indians in employment and training.
(j) "Indian resident on lands under the jurisdiction of the Cheyenne-Arapaho Tribes" or " resident Indian" shall mean any Indian person who, at the time any contract for on-reservation work is let or (in the case of employment) offers made by an employer permanently located on lands under the jurisdiction of the Cheyenne-Arapaho Tribes at the time any offer of individual on-reservation employment is made has resided on lands under the jurisdiction of the Cheyenne-Arapaho Tribes for not less than the preceding sixty (60) days.
(k) "Nonresident Indian" shall mean all Indians who are not resident Indians within the definition in 3.10.
(l) "Notice" as it is required to be given by the Employment rights Officer, shall be sufficient as to unnamed parties in an action, all interested persons who are not parties to an action, and in all instances where a specific person is not addressed, if it is published and posted in a public place on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes for not less than five working days and is on file in the office of the Employment Rights Officer and open to public inspection.
(m) "Person" shall mean both natural person and artificial persons including, but not limited to, corporation, trusts, partnerships, unions, agents, societies, sole proprietorship, estates or descendants, associations, legal representative, mutual companies, joint-stock companies, unincorporated organizations and trustees.
(n) "Union" or "labor union" shall mean any organization, or any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
SECTION 5: FAIR LABOR STANDARD POLICY
SECTION 6: EMPLOYMENT RIGHTS OFFICE
The Cheyenne-Arapaho Employment Rights Office is hereby established with the full supervisory authority to vest in the Employment Rights Officer, who shall be an independent officer of the Tribe reporting directly to the Business Manager of the Tribes.
(a) The Cheyenne-Arapaho Business Committee shall employ an Employment Rights Officer The Employment Rights Officer shall
(1) Hire staff.
(2) Expend funds appropriated by the Tribal Council.
(3) To obtain and expend funding from federal, state or other sources to carry out the purpose of the office subject to approval of the Business Committee.
(4) Administer the policies, powers and duties prescribed in the Ordinance as delegated by the Business Committee pursuant to Section 6a
(5) Hold hearings for the purpose of taking evidence, subpoena witnesses and documents.
(6) Require employers to submit reports.
(7) Issue, cease and desist orders.
(8) Take other actions as are necessary for the fair and vigorous implementation of this Ordinance.
(9) To establish counseling programs to assist Indians in obtaining and retaining employment.
(10) To require employers to give preference to Tribal and other Indian-owned businesses in the award of contracts and subcontracts.
(b) The powers delegated to the Employment Rights Officer shall be enforced by means of:
(1) cease and desist order
(2) imposition of fines and
(3) posting notices, not in consistent with 25 USC 1301, et. seq.
(c) Scope of Indian Preference. All employers are hereby required to give preference to resident Indians in hiring, promotion, training, pay, benefits, and other terms and conditions of employment All employers are further required to give preference to Indians in sub-contracting Employers shall comply with the rules, regulations and guidelines of the Cheyenne-Arapaho Tribes in regard to its Indian preference requirements.
(d) Compliance by Unions. Every union with a collective bargaining agreement with an employer must file a written agreement stating that the union will comply with this Ordinance and the rules, regulations and orders of the Commission Until such agreement is filed with the Employment Rights Officer and the Commission, the employer may not commence work within the Cheyenne-Arapaho Tribes' lands.
(e) Contents of Union Agreements. Every union agreement with an employer or filed with the Commission must provide:
(1) Indian Preference. The Union will give preference to Indians in job referrals regardless of which union referral list they are on.
(2) Cooperation with the Commission. The union will cooperate with the Commission in all respects and assist in the compliance with, and enforcement of, this Ordinance and related regulations and agreements.
(3) Registration. The union will establish a mechanism allowing Indians to register for job referral lists by telephone or mail.
(4) Training Programs. The union will establish a journeyman, upgrade and advanced apprenticeship program.
(5) Temporary Work Permits The union will grant temporary work permits to Indians who do not wish to join the union.
(f) Recognition of Unions. Nothing herein or any activity by the Commission authorized hereby shall constitute official tribal recognition of any union or tribal endorsement of any union activities within the Cheyenne-Arapaho Tribes of Oklahoma.
(g) Burden of Proof In any hearing before the Commission where the issue is compliance by an employer of any of the requirements and provisions of the foregoing subsections of Section 5, the burden of proof shall be on the employer rather than on the employee or other complainant to show said compliance.
(h) Model Union Agreements The Commission will provide a model union agreement for use by all unions who have a collective bargaining agreement with any employer.
(i) Implementation In implementing the requirements of this Section, the Employment Rights Officer is authorized to:
(1) Impose numerical hiring goals and timetables that specify the minimum number of Indians an employer must hire, by craft or skill level; or at the Employment Rights Officer's discretion, to set percentage hiring goals by craft or skill level for specified employment fields.
(2) Require covered employers to establish or participate in such training program as the officer deems necessary to increase the pool of Indians eligible for employment on or off the Cheyenne-Arapaho reservation.
(3) Establish a Tribal Hiring Hall and impose a requirement that no covered employer may hire a non-Indian until the Tribal Hiring Hall has certified that no qualified Indian is available to fill the vacancy.
(4) Prohibit any covered employer from using job qualification criteria or other personnel requirements that serve as barriers to Indian employment unless the employer can demonstrate that such criteria or requirements are required by business necessity.
(5) Enter into agreements with unions to ensure union compliance with the Ordinance.
(6) Require employers to give preference in the award of sub- contractors to tribally and other Indian owned firms and entities.
(7) Establish programs subject to the Tribal Business Committee's approval, in conjunction with the Tribal and Federal Offices, to provide counseling and support to Indian workers, to assist them to retain employment Employers shall be required to participate in and/or cooperate with such support and counseling programs.
(8) To promulgate such rules and regulations and guidelines consistent with the policies stated in the Ordinance and further subject to the provisions set forth in Section (j).
(j) Regulations. In issuing rules, regulations and guidelines, the Employment Rights Officer is guided by the policy and standards enumerated throughout this Ordinance, and such further resolution as the Business Committee may issue The Employment Rights Officer shall insure that all rules, regulations, and guidelines that are issued provide notice to the public and further that all rules, regulations and guidelines accord affected parties' rights to due process of law as set forth in this Ordinance. Except in cases where the Employment Rights Officer has determined that an emergency situation exists, the Employment Rights Officer shall follow the following minimal procedures in issuing all rules, regulations and guidelines:
(1) All proposed rules, regulations and guidelines shall be sent to the Business Committee and shall be posted in a public place on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes, and in a file in the Office of the Employment Rights Officer which is open to the public inspection for not less than twenty 20 days.
(2) The Employment Rights Officer shall accept comment from any interested parties during said twenty (20) days The Employment Rights shall discuss in the preamble to such final rules, regulations and guidelines, the major issues raised by the comments, if any.
(3) The final rules, regulations and guidelines shall go into effect upon being posted in a public place on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes, and in a file in the Office of the Employment Rights Officer which is open to public inspection.
(k) Employment Rights Compliance Bond. An Employment Rights Compliance Bond to encourage compliance with the Cheyenne-Arapaho Tribal Rights Ordinance is hereby authorized to be imposed by the Employment Rights Officer as follows:
(1) Every covered employer, other than construction contractors, with twenty or more employees on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes, or gross sales of $100,000 or more, regardless of sources, shall pay an annual fee of 1/2 of 1% of his employees' annual payroll This fee shall not apply to education, health, governmental, or non-profit employers.
(2) The Employment Rights Officer is authorized to develop regulations allowing for the rebate of some or all fees paid by an employer according to the extent that an employer is found to be in compliance with the requirements imposed by this chapter and is making a substantial effort to employ, train and promote Indians.
(l) Employment Rights Fee. An Employment Rights Fee is to raise revenue for the operation of the Cheyenne-Arapaho Tribal Employment Rights Office, and is hereby authorized to be imposed by the Employment Rights Officer as follows:
(1) Every covered construction contractor with a contract of $100,000 or more on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes or an agency thereof, shall pay a one-time fee on one-half of one percent of the total amount (gross contract price) of the contract, per each contract.
(2) Such fee to be paid to the Cheyenne-Arapaho Tribes and shall be placed in a special account to be used to meet operational costs of the office The Employment Rights Officer shall be responsible for collecting said fees and is authorized to establish such rules and regulations as are necessary to insure fair and timely collection process An employer or contractor who fails to pay the required fee shall be subject to the remedial actions provided for in this Ordinance.
(m) Removal Authority The Cheyenne-Arapaho Business Committee hereby expressly authorizes the Commission to petition for the issuance of removal and related orders; such action shall be initiated in the (OFR) Court of Indian Offenses.
(n) Contractors and Subcontractors. The Indian Preference requirements contained in this Ordinance and all regulations hereunder shall be binding on all contractors and sub- contractors of covered employees, regardless of tier, and shall be deemed a part of all resulting sub-contract specifications The employer shall have the initial and primary responsibility for insuring that all contractors and subcontractors comply with these requirements The employer shall be subject to penalties provided herein for violation of this Ordinance if the contractor or subcontractor fails to comply.
(o) Religious Freedom. Employers shall make a reasonable accommodation to the religious beliefs of Indian workers in accordance with guidelines to be developed by the Cheyenne- Arapaho Employment Rights Officer.
(p) Delegation of Authority. The Cheyenne-Arapaho Business Committee shall delegate such authority to the Employment Rights Officer as is convenient or necessary for the efficient administration of the Ordinance, to write rules, regulations or guidelines and submit to the Business Committee.
SECTION 7: EMPLOYMENT RIGHTS COMMISSION: MEMBERS
(a) Duties of the Commission The Commission shall administer the Employment Rights Program of the Cheyenne-Arapaho Tribes of Oklahoma in accordance with this Ordinance As part of this Ordinance the Business Committee hereby establishes the Commission to review and issue rulings and/or orders pertaining to appeals to the Employment Rights Officer decisions by aggrieved parties.
(b) Members The Commission shall consist of a five (5) member administrative review board to be appointed by the Business Committee composed of three (3) Business Committee members and two (2) Tribal Program Directors All decisions of this Commission shall be final The Commission shall develop rules of practice and procedure which will implement this Ordinance.
SECTION 8: COMPLAINTS AND HEARINGS PROCEDURES
(a) Notice. If a hearing is requested by the Commission, an individual, an employer, or union pursuant to this section, a written notice of hearing shall be given to all concerned parties stating the nature of the hearing and the evidence to be presented The notice shall advise such parties of their right to be present at the hearing, to present testimony or witnesses and other evidence, and to be represented by counsel at their own expense.
(b) Commission Complaint Procedure. If the Commission has cause to believe that an employer , contractor , subcontractor , or union has failed to comply with this Ordinance or any rules, regulations or orders of the Commission, it may file a complaint and notify such party of the alleged violations The Commission will attempt to achieve an informal settlement of the matter , but if an informal settlement cannot be achieved the Commission may request a hearing upon the matter pursuant to Section 7.1.
(c) Individual Complaint Procedure. If any Indian believes that an employer has failed to comply with this Ordinance or rules, regulations or orders of the Commission, or believes he has been discriminated against, by an employer because he is an Indian, he may file a complaint with the Commission specifying the alleged violation Upon receipt of the complaint, the Commission shall investigate and attempt to achieve an informal settlement of the latter If an informal settlement cannot be achieved, the individual or Commission may request a hearing upon the matter pursuant to Section 7.1.
If any employer fires, lays off, or penalizes in any manner, any Indian employee for utilizing the individual complaint procedure or any other right provided herein, the employer [text missing].
(d) Employer or Union Complaint procedure. If an employer or union believes that any provision of this Ordinance or any rules, regulation or order of the Commission is illegal or erroneous, it may file a complaint with the Commission specifying the alleged illegality or error Upon receipt of the complaint, the Commission shall investigate and attempt to achieve an informal settlement of the matter If an informal settlement cannot be achieved, the employer, union or Commission may request a hearing upon the matter pursuant to Section 7.1.
(e) Hearing Procedure. Hearings shall be governed by the following rules or procedure:
(1) All parties may present testimony of witnesses and other evidence and may be represented by counsel at their expense.
(2) The Commission may have the advice and assistance at the hearing of counsel provided by the Tribe.
(3) The Chairman of the Commission or the Vice-Chairman shall preside and the Commission shall proceed to ascertain the facts in a reasonable and orderly fashion.
(4) The hearing may be adjourned, postponed and continued at the discretion of the Commission.
(5) At the final close of the hearings, the Commission may take immediate action or take the matter under advisement.
(6) The Employment Rights Officer shall notify all parties thirty (30) days after the last hearing of its decision in the matter.
SECTION 9: PENALTIES FOR VIOLATION
Any employer, contractor or union who violates this Ordinance or rules, regulations or orders of the Employment Rights Office of the Cheyenne-Arapaho Tribes or fails to obtain the necessary agreements from its signatory unions, shall be subject to penalties for such violations Also, the Employment Rights Official shall take remedial action to correct the problem These penalties include but are not limited to:
(a) Denial of right to commence or continue business within the lawful jurisdiction of the Cheyenne-Arapaho Tribes of Oklahoma.
(b) Suspension of operations within the lawful jurisdiction of the Cheyenne-Arapaho Tribes of Oklahoma.
(c) Payment of back pay and damages to compensate any injured party.
(d) An order to summarily remove employees hired in violation of this Ordinance or rules, regulations and orders of the Commission.
(e) Imposition of monetary civil penalties.
(f) Prohibition from engaging in future operations within the Cheyenne-Arapaho Tribes of Oklahoma service area.
(g) An order requiring employment, promotion and training of Indians injured by the violation.
(h) An order making any other provision deemed by the Employment Rights Officer necessary to alleviate, eliminate or compensate for any violation The maximum penalty which may be imposed is $500.00 for each violation Each day during which a violation exists shall constitute a separate violation.
SECTION 10: APPEALS
Any party to a hearing shall have the right to appeal any decision of the TERO Commission to the CFR Court so long as the CFR Court exists The jurisdiction of the CFR Court shall be limited to a declaratory judgment only Once the Cheyenne-Arapaho Tribal Court has been established and implemented, a party shall have the right to appeal any decision of the TERO Commission to the Cheyenne-Arapaho Tribal Court.
SECTION 11: PUBLICATION OF ORDINANCE
(a) The Commission shall notify all employers of this Ordinance and their obligations to comply. All bid announcements issued by any Tribal, Federal, State or other private or public entity shall contain a statement that the successful bidder will be obligated to comply with this Ordinance and all rules, regulations and orders of the Commission.
(b) All Tribal agencies responsible for issuing business permits for activities within the Cheyenne-Arapaho Tribes or otherwise engaged in activities involving contact with prospective employers within the Cheyenne-Arapaho Tribes of Oklahoma service area shall be responsible for advising such prospective employers of their obligations under this Ordinance and rules, regulations and orders of the Commission.
(c) The Commission shall send a copy of this Ordinance to every employer doing business with the Cheyenne-Arapaho Tribes of Oklahoma.
SECTION 12: COMPLIANCE PLAN
As of the effective date of this Ordinance, no new employer may do business with the Cheyenne-Arapaho Tribes of Oklahoma until it has consulted with the Commission for meeting its obligations under this Ordinance.
SECTION 13: REPORTING AND ON-SITE INSPECTION
Employers shall submit reports, and other information requested by the Commission The Commission and its representative shall have the right to make on-site inspections during regular working hours in order to monitor any employer's compliance with this Ordinance and rules, regulations and orders of the Commission The Commission shall have the right to inspect and copy all relevant records of any employer, or any signatory union or subcontractor and shall have a right to speak to workers and conduct investigations on job sites.
SECTION 14: COVERAGE
This chapter of the Ordinance shall be binding on all covered employers whether or not they have previously operated on the lands under the jurisdiction of the Cheyenne-Arapaho Tribes and whether or not they are doing so at the time of the implementation of this Section of the Ordinance All employers are required to give preference to Indians in hiring, promotion, training and all other aspects of employment, contracting or subcontracting and must comply with this Ordinance and the rules, regulations and orders of the Commission.
SECTION 15: SEVERABILITY
If any portion of this Ordinance shall be ruled invalid by a court of competent jurisdiction, that portion shall cease to be operative, but the remainder of the Ordinance shall continue in full force and effect.
SECTION 16: AMENDMENTS
This Ordinance may be amended by the Cheyenne-Arapaho Business Committee upon recommendations from the Employment Rights Officer. Action must be taken by resolution of the Cheyenne-Arapaho Business Committee.
SECTION 17: EFFECTIVE DATE
This Ordinance shall become effective five (5) days after being filed with the C.F.R Court of Indian Offenses.
26TH BUSINESS COMMITTEE
COMMITTEE RESOLUTION NO. #050788R102
The Cheyenne-Arapaho Tribes are a federally recognized Tribe and have their own form of self-government, and
This self-government and sovereign status promotes economic and social welfare and protects religious freedom and tribal customs of all members, and
The Tribal Business Committee of the Cheyenne-Arapaho Tribes, in accordance with the Constitution and By-Laws, has the power to act for the Tribes on all matters not otherwise restricted, and
The 26th Business Committee of the Cheyenne-Arapaho Tribes did authorize the establishment of a Tribal Employment Rights Office (TERO) to enforce Indian preference and to protect tribal employment, training opportunities, contracting rights, and subcontracting rights within the jurisdiction of The Cheyenne-Arapaho Tribes through adoption of Resolution No. 1984-BC24-245-RS-11 as Tribal Law, and
This ordinance, was reviewed by the Area Director, Anadarko Area Office, Bureau of Indian Affairs, and subsequent review by the Office of the Solicitor, Department of the Interior, and
The said review found this Ordinance weak in content in reference to rights of hearing and appeals. Accordingly the Ordinance, Section 10, has been rewritten to provide clarity and precision in said Section, and
The 26th Business Committee of the Cheyenne-Arapaho Tribes recognize the importance of providing the initiative and protection to persons and organizations operating within the jurisdiction of the Tribes, and
The modification of said TERO Ordinance has been made, recommended, and reviewed by the 6th Business Committee, and
NOW, THEREFORE BE IT RESOLVED, that no substantive change has been to the TERO Ordinance, changes will be made in accordance with the Cheyenne-Arapaho Ordinance Procedure Act.
COMMITTEE OF THE
I, the undersigned as Secretary for the 26th Business Committee, do hereby certify that a quorum was present at the meeting duly called ad convened on the 7th day of May, 1968, and that the foregoing resolution was adopted with the affirmative vote of 4 for, 0 opposed, 3 absent and 1 not voting.
Edgar Heap of Birds, Secretary