Resolution
TITLE 1
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
This Ordinance
shall be cited as the "Cheyenne-Arapaho Tribal Employment Rights
Ordinance".
SECTION 2: FINDINGS
The Cheyenne-Arapaho
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
( Reserved)
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.
CHEYENNE-ARAPAHO
TRIBES OF OKLAHOMA
26TH BUSINESS COMMITTEE
COMMITTEE
RESOLUTION NO. #050788R102
| WHEREAS: |
The
Cheyenne-Arapaho Tribes are a federally recognized Tribe and have
their own form of self-government, and
|
| WHEREAS: |
This
self-government and sovereign status promotes economic and social
welfare and protects religious freedom and tribal customs of all
members, and
|
|
WHEREAS:
|
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
|
|
WHEREAS:
|
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
|
|
WHEREAS:
|
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
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WHEREAS:
|
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
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WHEREAS:
|
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
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| WHEREAS: |
The
modification of said TERO Ordinance has been made, recommended,
and reviewed by the 6th Business Committee, and
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|
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.
BE IT FURTHER RESOLVED, that the 26th Business Committee of the
Cheyenne-Arapaho Tribes does hereby adopt the amended Cheyenne-Arapaho
Tribal Employment Rights Resolution, which shall supersede Resolution
No. 1984-BC24-245-RS-11.
BE IT FURTHER RESOLVED, that the adopted revised Ordinance is
hereby authorized for submission for appropriate review and approval
for implementation and funding;
BE IT FINALLY RESOLVED, that this action is effective immediately
and shall remain in full force and effect until revised, amended,
or revoked by official act of the Business Committee.
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| |
BUSINESS
COMMITTEE OF THE
CHEYENNE-ARAPAHO TRIBES
OF OKLAHOMA
/s/
Juanita L. Learned, Chairperson
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ATTEST:
/s/
Edgar Heap of Birds, Secretary
|
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CERTIFICATION
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.
|
/s/
Edgar Heap of Birds, Secretary
|
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