The following presents a list of the most questions and inquiries about Native American Preference and Tribal Employment Rights Ordinance (TERO).
To access more employment & training opportunities for Native Americans and their families. To provide more business & economic opportunities for businesses owned by Native Americans. Since unemployment rate in Native communities remains high, Tribes must take strong actions to protect the employment rights of Native American people. All employers operating within tribal jurisdiction are required to provide Indian preference in employment, training, contracting, sub-contracting. Followings are the major provisions and requirements found in most TERO Ordinances that employers must agree: Compliance Plan is a written document that provides detailed descriptions of a construction project with all the pertinent information. This is where you list your key personnel and your work force needs. A Key employee is a permanent employee who is in a supervisory or specialized position and without this person you would face a financial loss. This document is then negotiated with a TERO Compliance Officer for approval. The TERO Office has a Native American Owned Business Registry (NAOB) in which we certify that the companies are owned by Native Americans. The TERO Ordinance #89 requires that you provide the opportunities to every NAOB that is qualified to do the work. Yes, on Tribally funded projects the TERO can require Tribal member preference. This is permissible under Federal law because tribes are exempt from Title VII of the Civil Rights Act, Executive Order 11246 and most other employment rights legislation. Native American preference is permissible under some federal laws i.e., Indian Self Determination Act, Buy Indian Act and under most federal laws. A Tribe has the authority to enact and enforce any Indian employment preference law is grounded in it inherent sovereign powers of self-government. This legal doctrine is the most basic principle of Indian law and is supported by a host of Supreme Court decisions. The jurisdiction is legally described or defined by treaty or legislation. The exterior boundaries of the reservation including cede territories and lands where jurisdiction has not been extinguished. TERO has a political preference, not a racial preference and does not violate Title VII or any other Federal Employment Law. Yes, there are several exemptions. Direct employment by Federal/State governments, schools, churches and some non-profits are not covered by the TERO. Some Tribes also exempt themselves from TERO coverage. It is important to note however, that any contract or sub-contract let by any of these entities is covered by TERO. No. Since TER is pro-active, the compliance plans are signed by TERO and the employer prior to the commencement of work prevents disputes. The Compliance Officers will monitor the TERO requirements by doing onsite compliance visits that would not be detrimental to business operations. TERO can sanction employers for violations which may shut down operations but only in severe disputes and in accordance with the applicable law. No. It provides preference to bona-fide and qualified Native American businesses on projects on or near the Tulalip Tribes Indian reservations. As with employment contracting preference is permissible or required under Federal, Tribal, State or other Local laws. Preference is not provided to the exclusion of other businesses and price & quality are still primary considerations. Yes. The first level of protection comes from the TERO Compliance Officer who handles the charge. These officers are trained to deal with facts and merits of the case before making determinations. Beyond the TERO Commission, grievant's can seek relief in the Tribal and Federal Courts. Violation of TERO requirements may result in severe sanctions. If the TERO office determines that employers willfully and intentionally breached TERO requirements. The TERO may: Yes. Sanctions imposed by the TERO Commission can be appealed in tribal court. Appeals of tribal court decisions can be made to the federal court system. Yes. Tribal authority to access a fee is equal to that of any government. Taxation, licenses & fees are a valuable source for financing Tribal governmental operations. Tribes therefore consider their social and economic needs and priorities and set the TERO requirements to suit them just as National, State, and other units of government do. Many contractors without complaint pay taxes and comply with the governmental requirements of states, counties, etc, but openly oppose doing so with Tribes. This "cultural discrimination" is indicative of the lack of knowledge and acceptance of the sovereign authority of the Tribe. Employers can realize a substantial savings since Tribal taxes or fees pre-empt state or other local taxation on the reservation projects often to the benefit of the employer. The Tulalip Tribes TERO fee is 1.75% of total cost on any project over $10,000. The TERO has the responsibility to ensure due process of the employer under the Tribal ordinance and that only qualified and screened referrals are made to the employer. When TERO first appeared in the late seventies there was opposition from some and difference from others. Over the past twenty years a great deal of progress has been made, some by direct legal action but most through pro-active, non-adversarial, synergistic effort. The results are Native American preference and TERO provisions, policies and procedures figure prominently in the following: |
