Chapter 9.25
TULALIP EMPLOYMENT
Sections:
9.25.080 Criminal history checks.
9.25.010 Purpose.
The Tulalip Tribes (and all of its entities) shall ensure preference, fairness and consistency in the hiring process; which includes, but is not limited to, advertisement, screening, testing and interviews. [Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.020 Scope.
(1) This chapter shall apply to every entity of the Tulalip Tribes that is an employer and its employees. unless a variance is approved by the Tulalip Board of Directors.
(2) TERO (Tribal Employment Rights Office) has full investigative authority of noncompliance in regard to preference in the hiring process.
(3) The Tulalip Board of Directors, the Quil Ceda Village Council, and the Tulalip Tribal Federal Corporation Board reserve the right to authorize hiring of individuals without utilizing the hiring process per this chapter. [Res. 2023-455; Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.030 Definitions.
(1) “Applicant” means an individual who applies or is considered for a position within the Tulalip Tribes.
(2) “Family Members” means spouse, children, parents, siblings, nieces, nephews, grandparents, grandparents-in-law, grandchildren, aunts, uncles, step and foster children, legal wards, first cousins, parents-in-law, siblings-in-law, and others raised or residing in the home and considered by the Tribal community to be a part of the immediate family.
(3) “Native American Preference” means employment preference given to an enrolled Native American of a Federally recognized tribe, nation or band, including Alaskan Native villages, communities and/or corporations.
(4) “Military Veteran” means a person who has been discharged from the active, reserve, or National Guard armed forces of the United States including Army, Navy, Marines, Air Force and Coast Guard, excluding dishonorable discharge.
(5) “Preference Tier” means a list of the order in which hiring preference is assigned to eligible Applicants.
(6) “Tribal Preference” means employment preference given to an enrolled member of the Tulalip Tribes. These individuals will be given the first preference for all employment opportunities. [Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.040 Preference.
(1) Applicants shall be assigned a preference category, if applicable, upon valid documentation.
(2) Applicants who are not eligible for one of the preference categories may only proceed if there are no qualified preference Applicants for the position, regardless of any higher qualifications that a nonpreference Applicant may have.
(3) Preference categories in employment shall be assigned in the following order:
(a) TERO Preference.
(i) Category 1: enrolled Tulalip Tribal Member.
(ii) Category 2: spouse, parent or child of an enrolled Tulalip Tribal Member, current legal guardian of a Tulalip Tribal Member (with court documentation of guardianship), or a domestic partner of a Tulalip Tribal Member.
(iii) Category 3: other Native American enrolled in a Federally recognized tribe, nation or band, including Alaskan Native villages, communities and/or corporations.
(iv) Category 4: spouse of other Native American enrolled in a Federally recognized tribe(s) as listed above.
(b) Current Employee Preference.
Category 5: an Employee currently employed by an entity of the Tulalip Tribes.
(c) Veteran Preference. The Tulalip Tribes shall allow Veteran Preference. If an Applicant is being considered for hire that is a United States Military Veteran, the individual shall be given further preference by being afforded five additional points in the interview process. Any spouse of an active enlisted military member shall receive an additional three points in the interview process. [Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.050 Job Announcements.
(1) All newly created positions shall be advertised. Open positions, which have been previously advertised, are eligible to be filled through promotion, transfer and/or reclassification per the terms of the entity Handbook. This provision does not apply to temporary/seasonal positions.
(2) The initial advertisement of job vacancies shall be posted for a minimum of seven calendar days.
(3) Ongoing or open-until-filled positions shall be advertised with no closing date. Applications shall be accepted on a continuous basis.
(4) Positions not filled requiring re-advertisement shall be posted for a minimum of seven calendar days. [Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.060 Complaint Process.
(1) Complaints of noncompliance in regard to preference in the hiring process must be submitted in writing to the Entity’s Employment Manager for investigation within five business days of the alleged violation or notification. The Employment Manager shall investigate and notify the complainant of its decision, in writing, within five business days. If the individual was not notified of a continuance or the decision is not received within this timeline, a written complaint may be filed with TERO.
(2) If there is a founded complaint the Entity’s Employment Manager will remedy the situation if possible and report the findings through the appropriate line of communication.
(3) If the complainant is not satisfied with the Employment Manager’s decision, he or she may file a written complaint with TERO within five business days after written notification of the decision.
(4) TERO shall review the complaint and provide a summary determination and recommendation(s) to the Employment Manager and the General Manager or President within 10 business days. The General Manager/President will review and make the final determination. [Res. 2016-111; Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.070 Sovereign Immunity.
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its Sovereign Immunity for any reason whatsoever. [Ord. 141, 9-6-2014 (Res. 2014-378)].
9.25.080 Criminal history checks.
The Tulalip Tribes Background Investigation Agency (TTBIA) shall submit fingerprints through the U.S. Department of Justice (DOJ) Tribal Access Program (TAP) for the purpose of conducting a national fingerprint-based criminal history background check on the following:
(1) Employees. including contractors and volunteers, of the following Tulalip Departments: Enrollment.
Information provided by the applicant shall be used for searching Tribal criminal history records and the fingerprints shall be submitted to the Federal Bureau of Investigation for a national criminal history records search pursuant to Public Law 92-544 (34 USC 41101). The FBI will return the criminal history record information through the U.S. DOJ TAP for dissemination to the authorized Tribal agency (Tulalip Tribes Background Investigation Agency). FBI criminal history record information cannot be disseminated outside the authorized Tribal agency nor to a private entity. [Res. 2023-455].
9.25.090 Employee furlough.
All Tulalip government, Quil Ceda Village. TGO and Tulalip business entity employees covered by the Tulalip employee handbooks, including contract employees, shall be subject to the terms of any furlough resolution issued by the Board of Directors due to interruption of Tribal government revenues or operations, insufficient Tribal treasury funds or other emergencies as determined by the Board of Directors. The terms of Tulalip employee furlough resolutions shall control over any conflicting terms in any employment contract or policy. Furloughs may be issued immediately by the Board of Directors on an emergency basis when in the best interest of the Tulalip Tribes due to acts of God or sudden emergencies requiring immediate curtailment of activities. [Res. 2023-455; Res. 2020-213. Formerly 9.25.075].
9.25.100 Severability.
(1) If any part or parts, or the application of any part, of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter.
(2) The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid. [Res. 2023-455; Ord. 141, 9-6-2014 (Res. 2014-378). Formerly 9.25.080].