Chapter 3.24 TRIBAL EMPLOYMENT RIGHTS ORDINANCE

The right to tax business activities on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries is an important resource of the Puyallup Tribe of Indians.

Federal legislation enables the Puyallup Tribal Council to pass laws to implement and enforce this right for the welfare of the members of the Puyallup Tribe of Indians and other Indians.

Puyallup Tribal members and other Indians are entitled to the protection of the unique and special employment rights enacted by the federal government. Tribal government can and should participate in the enforcement of those laws. The Puyallup Tribe believes it important to establish an employment rights program and office to use these laws to increase employment of Puyallup Tribal members and other Indian workers and to eradicate discrimination against all Indians. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.110]

3.24.015 Exemption.

(a) Upon Tribal Council’s determination that it is in the best interest of the Puyallup Tribe for certain businesses or types of businesses to be exempt, Tribal Council may by resolution exempt certain businesses or types of businesses from application of this chapter for leases, activities and operations occurring on the Tribal lands; provided, that there is an approved process consistent with the goals of increasing employment through a hiring preference as provided within the TERO Ordinance and these regulations.

(b) Tribal programs or divisions other than commercial enterprises shall not be required to comply with this chapter but shall, when submitting a contract to the Tribal Council for approval, indicate as part of the submission to the Council the steps taken to award the contract to a local Indian contractor. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Res. 160517K (05/16/17); Res. 240108D (01/24/08)]

Subchapter 2. Definitions

3.24.020 Definitions generally.

Words of this chapter shall have the meaning given them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, it shall be construed in harmony with the purposes of this title.

(a) “Committee” means the Puyallup Tribal Employment Rights Advisory Committee established by this chapter.

(b) “Covered employer” means any employer hiring two or more employees who during any 20-day period perform 16 or more hours working within the jurisdiction of the Puyallup Tribe or its Tribal lands.

(d) “Employee” means any person employed by a covered employer for financial compensation.

(e) “Employer” means any person or business that hires two or more employees.

(f) “Entity” means any person, partnership, corporation, joint venture, association, government, governmental enterprise or any other natural or artificial person. The term “entity” is intended to be as broad and encompassing as possible to ensure the coverage of this chapter over all employment and contract activities within the Tribe’s jurisdiction and the term shall be so interpreted by the Tribe and Courts.

(g) Repealed by Res. 260325.

(h) “Indian” means any member of a federally recognized tribe.

(i) “Local Indian” means any member of a federally recognized tribe who resides within the exterior boundaries of the Puyallup Indian Reservation.

(j) “TERO” means the Puyallup Tribal Employment Rights Office. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.200]

Subchapter 3. Indian Preference

3.24.030 Indian preference in employment.

All covered employers, for all employment on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries, shall give preference to qualified Indians, in the following order of preference: (1) Puyallup Tribal members, (2) local Indians and spouses of or guardians of a Puyallup Tribal member (3) nonlocal Indians, in all hiring, promotion, training, lay-offs, and all other aspects of employment. Such employers shall comply with the rules, regulations, guidelines and orders of the Puyallup Tribal Employment Rights Office which sets forth the specific obligations of employers in regard to Indian preference and local Indian preference. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.310]

3.24.040 Application of Indian preference requirements.

These requirements shall not apply to any direct employment by the Puyallup Indian Tribe, the federal, state, or other governments or their subdivisions. It shall apply to all the contractors or grantees of such governments and to all commercial enterprises operated by such governments. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.320]

3.24.050 Indian preference in contracting.

All entities awarding contracts or subcontracts for supplies, services, labor, or materials in the amount of $20,000 or more where the majority of the work on the contract or subcontract will occur on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries shall give preference in contracting and subcontracting to qualified businesses that are certified by the TERO as 51 percent or more Indian-owned and controlled, with the following order of preference: (1) Puyallup Tribal members, (2) local Indians and spouses of or guardians of a Puyallup Tribal member (3) nonlocal Indians. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.330]

3.24.060 Application of Indian preference in contracting.

These requirements shall not apply to the award of contracts awarded directly by the Tribal Council of the Puyallup Tribe of Indians, by the federal or state government or their subdivisions. These requirements shall apply to any contract awarded by any commercial enterprise of the Puyallup Tribe of Indians, even if said contracts must be submitted to the Tribal Council of the Puyallup Tribe of Indians for approval. The Puyallup Tribal Council reserves the right to exempt certain contracts or employers consistent with PTC 3.24R.020. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.340]

3.24.070 Tribal programs or divisions.

Tribal programs or divisions other than commercial enterprises shall not be required to comply with this chapter but shall, when submitting a contract to the Tribal Council for approval, indicate as part of the submission to the Council the steps taken to award the contract to a preferred contractor as described herein. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.350]

3.24.080 Subcontracts included.

This chapter shall apply to all subcontracts with covered employers awarded by a Tribal, federal, or state direct contractor or grantee, whether or not the prime contract was subject to this chapter. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.360]

3.24.090 All covered employers to comply.

All covered employers shall comply with the rules, regulations, guidelines and orders of the TERO which set forth the specific obligations of such entities in regard to Indian preference in contracting and subcontracting. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.370]

3.24.100 System for certifying businesses for Indian preference.

The TERO has established an approved system for certifying businesses as Indian preference and local Indian preference eligible. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.380]

3.24.110 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 the rules, regulations and guidelines of the Puyallup Tribe of Indians. Such agreement shall be subject to the approval of the Director of the TERO. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.390]

Subchapter 4. Tribal Employment Rights Committee

3.24.120 Tribal Employment Rights Committee.

There is created a Puyallup Tribal Employment Rights Advisory Committee. The Committee shall be composed in the following manner: The Puyallup Tribal Council shall select from its general membership seven Tribal members to serve on the TERO Committee. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Res. 061195B (11/06/95); Res. 011292b (12/01/92); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.410]

3.24.130 Recusal of Committee members.

No Committee member shall participate in any action or decision by the Committee directly involving himself or herself, or a member of his or her immediate family, or any person, business or other entity of which he or she or a member of his or her immediate family is an employee, or in which he or she or a member of his or her immediate family has a substantial ownership interest, or with which he or she or a member of his or her immediate family has a substantial contractual relationship. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.430. Formerly 3.24.140]

3.24.140 Definition of immediate family.

For the purposes of this subchapter, “immediate family” means, including by adoption, brother, sister, son, daughter, mother, father, husband, wife, step-brother, step-sister, half-brother, and half-sister. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.440. Formerly 3.24.150]

3.24.150 Committee member participation.

Nothing in this subchapter shall preclude a Committee member from participating in any action or decision by the Committee which:

(a) Generally affects a class of persons, regardless of whether the Committee member or a member of his or her immediate family is a member of that class;

(b) Affects the Puyallup Tribe of Indians or a Tribal enterprise, regardless of whether the Committee member is a member of the Tribe. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.450. Formerly 3.24.160]

3.24.160 Voluntary recusal.

A Committee member may voluntarily recuse himself or herself and decline to participate in any action or decision by the Committee when the Committee member, in his or her discretion, believes:

(a) That he or she cannot act fairly or without bias; or

(b) That there would be an appearance that he or she could not act fairly or without bias. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.460. Formerly 3.24.170]

Subchapter 5. Purpose of the Committee

3.24.170 Purpose of the Committee.

(a) The Committee shall advise and make recommendations to Tribal Council on matters concerning TERO.

(b) The Committee may make recommendations concerning the adoption or the amendments, rules, regulations and laws concerning the TERO.

(c) The Committee shall participate in grievance-related reviews in accordance with such rules of practice and procedure as may be adopted by the Committee, and to recommend any relief or sanctions provided by this chapter. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.510. Formerly 3.24.180]

Subchapter 6. TERO Director

3.24.180 TERO Director.

Puyallup Tribal Council shall have exclusive authority to appoint, direct, suspend or remove the Director. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.610. Formerly 3.24.190]

3.24.190 Authority of Director.

The Director shall have authority to hire staff, to expend funds appropriated by the Tribal Council, and to obtain and expend funding from federal, state or other sources to carry out the purposes of this chapter. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.620. Formerly 3.24.200]

3.24.200 Duties of the Director.

The Director shall:

(a) Administer the policies, authorities and duties prescribed for him or her in this chapter and delegated to him or her by Tribal Council;

(b) Require each covered employer to submit to TERO an acceptable compliance plan indicating how it will comply with this chapter. Such compliance plans shall be submitted before a covered employer may commence work within the jurisdiction of the Puyallup Tribe;

(c) Impose numerical hiring goals and timetables that specify the minimum number of Indians a covered employer must hire, by craft or skill level;

(d) Require covered employers to establish or participate in such training programs as the TERO deter-mines necessary in order to increase the pool of qualified Indians within the Puyallup Tribe of Indians jurisdiction;

(e) Establish in conjunction with Tribal employment and training programs a Tribal hiring hall or skills bank and impose a requirement that no covered employer may hire a non-Indian until the Tribal hiring hall or bank has certified that no qualified Indian is available to fill the vacancy, with a first preference in referral to local Indians. Tribal Council reserves the right to update or amend any established process if it has been determined to be in the best interest of the Puyallup Tribe; provided, that Tribal preference remains a priority;

(f) Prohibit covered employers from using qualification criteria or other requirements that serve as barriers to Indian employment unless the employer can demonstrate that such criteria or requirements are required by business necessity. In developing regulations to implement this subsection, the TERO shall adopt the EEOC guidelines to the extent they are appropriate. The TERO shall have the right to impose its own requirements in addition to or in lieu of EEOC guidelines when necessary to address unique qualification problems confronting Indians;

(g) To negotiate agreements on behalf of Tribe with unions to ensure union compliance with this chapter. Such agreements shall in no way constitute recognition or endorsement of any union;

(h) Impose contract and subcontract preference requirements, with a first preference to Puyallup Tribal member-owned businesses, second to other local Indian businesses as eligible for Indian preference and local Indian preference;

(i) To petition the Tribal Court for orders as are necessary and appropriate to enforce decisions of the Committee or Director and any sanctions imposed by them;

(j) To enter into cooperative relationships with federal employment rights agencies, such as EEOC and OFCCP, in order to eliminate discrimination against Indians on and off the Puyallup Indian Reservation and to enter into cooperative relationships with federal agencies, such as the BIA or IHS, in order to implement any federal Indian preference employment or contracting requirements, as such agency may lawfully delegate to the Puyallup Tribe. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.630. Formerly 3.24.210]

Subchapter 7. Employment Rights Fee

3.24.210 Employment rights fee.

An employment rights fee to raise revenue for Tribal operations is imposed as follows:

(a) Every covered employer with a construction contract in the sum of $20,000 or more shall pay a fee of two and one-half percent of the total amount of the contract. Such fee shall be paid by the employer prior to commencing work within the jurisdiction of the Puyallup Tribe. Where good cause is shown, the Director may authorize an employer to pay the fee in installments over the course of the contract. This fee shall not apply to contracts awarded directly to the Puyallup Tribal Council using Tribal funds exclusively to pay the contract costs; provided, that in the event a portion of the contract is payable using non-Tribal funds then the fee may be imposed only upon the amount of non-Tribal funds expended.

(b) Every covered employer working within the jurisdiction of the Puyallup Tribe, or with gross sales within the jurisdiction of the Puyallup Tribe of more than $20,000, shall pay a quarterly fee of two and one-half percent of his employees’ quarterly payroll which shall be paid within 30 days of the end of the quarter. This fee shall not apply to education, health, governmental, or nonprofit employers. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Res. 140607G (06/14/07); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.710. Formerly 3.24.220]

3.24.220 Fee collected by Tribal Accounting Office.

The fee shall be collected by the Tribal Accounting Office. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.720. Formerly 3.24.230]

Subchapter 8. Complaints Against Covered Employers

3.24.240 Complaints.

Any individual, group of individuals or organization that believes any covered employer has violated any requirements imposed by this chapter or regulations issued pursuant to it may file a complaint with the Director. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.810]

3.24.250 Contents of complaint.

The complaint shall be in writing and shall contain such information as is necessary to enable the Director to carry out an investigation. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.820]

3.24.260 Investigation timeline.

The Director shall complete the investigation within 30 days of the date on which a complaint is filed unless an extension has been granted. Such extension shall not exceed 30 days. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.830]

3.24.270 Duties of the Director.

3.24.280 Investigations.

On Director’s own initiative or pursuant to a complaint, the Director or his agent shall make such public or private investigation within the jurisdiction of the Puyallup Tribe of Indians as the Director deems necessary to determine whether any covered employer has violated any provision of this chapter or rule or order hereunder, or to aid in prescribing rules, regulations and guidelines hereunder. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.850]

3.24.290 Authority to enter.

The Director or his agent may enter during business hours the place of business or employment of any employer for the purpose of such investigations. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.860]

3.24.300 Trade secrets or confidential information.

When requesting any reports or other information from a covered employer, the Director shall request that the covered employer identify all material which contains trade secrets or privileged or confidential commercial, financial or employment information. Any material so identified shall be kept confidential by the Director or other interested party, or if the Director determines that the material does not contain confidential information, but that the release of which would cause unnecessary or excessive business or financial injury or would invade individual privacy. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.870]

3.24.310 Restriction of access to certain information.

Any state or federal tax records, trade secrets, or privileged or confidential commercial, financial or employment information subpoenaed pursuant to this chapter or used in a compliance hearing or subsequent appeal to the Tribal Court shall be confidential records of the TERO or the Tribal Court, and shall not be opened to public inspection. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.880]

3.24.320 Investigative powers.

For the purpose of investigations or reviews, which, in the opinion of the Director, are necessary and proper for the enforcement of this chapter, the Director or his agent so designated may take written statements or declarations as evidence, and require the production of books, papers, contracts, agreements or other documents, records or information which the Director deems relevant or material to the investigation. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.890]

Subchapter 9. Enforcement

3.24.330 Monitoring compliance.

The Director or his agent may require the covered employer to submit such reports as deemed necessary to monitor compliance with the requirements of this chapter or any rule or order hereunder. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.910]

3.24.340 Notice of violation.

When the Director has grounds to believe a violation of this chapter or the regulations issued pursuant to it has occurred, the Director shall notify the covered employer in writing, specifying the alleged violations. The Director may withhold the name(s) of the complaining party if there is reason to believe that such party will be subject to retaliation. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.920]

3.24.350 Informal settlement.

The Director shall seek to achieve an informal settlement of the alleged violation. If the Director is unable to accomplish this, he or she shall issue a formal notice of noncompliance, which shall also advise the covered employer of the right to request a hearing. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.930]

3.24.360 Notice of violation to include.

The formal notice shall set out the nature of the alleged violation and the steps that must be taken to come into compliance. It shall provide the employer with a reasonable time, which in no event shall be less than five days from the date of receipt of such notice, to comply, unless the Director has reason to believe irreparable harm will occur during that period, in which case the Director may require compliance to occur within five days. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.940]

3.24.370 Request for review of decision to issue violation.

The employer may request a review of a TERO decision to issue a violation, no sooner than five days and no later than 30 days after the date for compliance set forth in the Director’s notification to the party charged of a violation, unless an expedited review is deemed necessary by the Director to avoid irreparable harm. If an employer fails or refuses to comply and does not request a review, the TERO may proceed pursuant to PTC 3.24.400. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.950]

3.24.380 Bond may be required.

If the employer requests a review of a decision and the Director has good cause to believe that there is a danger that the employer remove itself or its property for the jurisdiction of the Tribe prior to the hearing, he or she may, in his or her discretion, require the party to post a bond with the Tribe in an amount sufficient to cover possible monetary damages that may be assessed against the employer at the hearing. If the employer fails or refuses to post said bond, the TERO may also petition the Puyallup Tribal Court for such interim and injunctive relief as is appropriate to protect the rights of the Tribe or any individual or business the Court deems appropriate during the pendency of the complaint and hearing proceedings in Puyallup Tribal Court. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.960]

3.24.390 Conduct of review.

All reviews performed pursuant to PTC 3.24.370 shall be conducted by the Committee. The Committee may consider any evidence which it deems relevant and the conduct of the review shall be governed by the rules of practice and procedure which may be adopted by the Committee. The Committee shall not be bound by technical rules of evidence in the conduct of review under this chapter and no informality in any proceeding, as in the manner of taking testimony, shall invalidate any decision made. No stenographic record of the proceedings and testimony shall be required except upon arrangement by and at the cost of the party charged. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.970]

3.24.400 Remedies when violation has occurred.

If, after the hearing, the Committee determines that a violation occurred and that the employer is in violation, depending on the circumstances the Committee may recommend any of the following:

(a) Deny such party the right to do business on the Puyallup Indian Reservation;

(b) Suspend such party’s operation within the Puyallup Indian Reservation;

(d) Deny the right of such party to conduct any further business within the Puyallup Indian Reservation;

(e) Impose a civil fine on such party in an amount not to exceed $500.00 per day for each violation;

(f) Order such party to make payment of back pay to any aggrieved Indian;

(g) Order such party to dismiss any employees hired in violation of the Puyallup Tribe’s employment rights requirements;

(h) Order the party to take such other action as is necessary to ensure compliance with this chapter or to remedy any harm caused by a violation of this chapter, consistent with the requirements of 25 U.S.C. 1301 et seq. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.980]

3.24.410 The Committee recommendation after review.

The Committee’s recommendation shall be in writing and shall be delivered to the TERO no later than 30 days after the close of review. This shall be heavily considered in TERO’s final decision. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.990]

3.24.420 Injunctive relief.

Where the employer’s failure to comply immediately with the TERO’s decision may cause irreparable harm, the TERO may move the Tribal Court for, and the Tribal Court shall grant, such injunctive relief as necessary to preserve the rights of the beneficiaries of this chapter, pending the employer’s appeal or expiration of the time for appeal. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.995]

Subchapter 10. Appeal

3.24.430 Appeal.

An appeal to the Tribal Court may be taken from any decision of the TERO by any party adversely affected thereby. The appeal shall be filed with the Court no later than 30 days after a final order is entered. The Tribal Court shall affirm the decision of the TERO unless it is determined that the decision is arbitrary, capricious or in excess of the authority of the TERO. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1010]

3.24.440 Notice of appeal.

The appeal shall be taken by serving a written notice of appeal with the Tribal Court, with a copy to the Director within 30 days after the date of the decision. The notice of appeal shall:

(a) Set forth the issued violation from which the appeal is taken;

(b) Specify the grounds upon which reversal or modification of the issued violation is sought;

(c) Be signed by the appellant. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1020]

3.24.450 Automatic stay.

Except as otherwise provided herein, the decision of the TERO shall be automatically stayed pending the determination of the Tribal Court. The Director, however, may petition and the Court, for good cause shown, may order the party requesting the hearing to post a bond sufficient to cover monetary damages that the TERO assessed against the party or to ensure the party’s compliance with other sanctions or remedial actions imposed by the TERO’s decision if that decision is upheld by the Court. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1030]

3.24.460 Reversal or modification of the TERO’s decision.

If the decision of TERO is reversed or modified, the Court shall specifically direct the TERO regarding further action in the matter, including making and entering any order or orders in connection therewith, and the limitations or conditions to be contained therein. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1040]

3.24.470 The TERO’s decision affirmed or no appeal taken.

If the TERO’s decision is affirmed on appeal, or if no appeal is sought within 30 days from the date of the decision, the TERO shall petition the Court and the Court shall grant such orders as are necessary to enforce and appropriate to enforce the decision(s) of the TERO and the sanctions or fees imposed by it. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1050]

Subchapter 11. Enforcement

3.24.480 Emergency relief.

If, at any stage in the enforcement process, the TERO has reason to believe there is a danger that a party will remove itself or its property from the jurisdiction of the Tribal Court, such that the TERO or the Court will not be able to collect monetary damages or TERO fees that are owed by that party pursuant to any outstanding TERO-issued violation or order of the Court, or which may be owed if the charges set out in any outstanding notice of violations are upheld, the TERO may petition the Tribal Court pursuant to the rules and procedures of that Court to attach and hold sufficient property of the party to secure compliance or for such other relief as is necessary and appropriate to protect the rights of the Tribe and other affected parties. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1110]

3.24.490 Enforcement of order.

If, 30 days after a decision by the TERO, no appeal has been filed, or, 30 days after an order by the Court on an appeal from a decision by the TERO, a party has failed to pay monetary damages imposed on it or otherwise complied with an order of the Court, the TERO may petition the Court to order the Tribal Police to confiscate and hold for sale such property of the party as is necessary to ensure payment of said monetary damages or to otherwise achieve compliance. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1120]

3.24.500 Petition for confiscation.

The petition shall be accompanied by a list of property belonging to the party which the TERO has reason to believe is within the jurisdiction of the Tribal Court, the value of which approximates the amount of monetary damages at issue. If the Court finds the petition to be valid, it shall order the Tribal Police to confiscate and hold said property or as much is available. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1130]

3.24.510 Notice of confiscation.

The Tribal Police shall deliver in person or by certified mail a notice to the party informing it of the confiscation and of its right to redeem said property by coming into compliance with the order outstanding against it. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1140]

3.24.520 Sale of confiscated property.

If 30 days after confiscation the party has not come into compliance, the Court shall order the Police to sell said property and use the proceeds to pay any outstanding monetary damages imposed by the Tribe and all costs incurred by the Court and Police in the confiscation and sale. Any proceeds remaining shall be returned to the party. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1150]

Subchapter 12. Fair Labor Standards Act

3.24.530 Fair Labor Standards Act incorporated herein.

The provisions of the Federal Fair Labor Standards Act, as amended now or in the future, regarding minimum wages (including Davis-Bacon minimum wages), overtime, fringe benefits, and time for payment of wages, are adopted by reference in and by this chapter. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1210]

3.24.540 Enforcement.

The TERO shall have the authority to monitor and enforce those requirements, pursuant to the monitoring and enforcement authorities provided generally to the TERO by this chapter; provided, that this section shall apply only to those employers who are otherwise covered by the federal law. No employer who is not presently subject to the federal laws or subsequently made subject by amendments or Court decision shall be covered by this section. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1220]

3.24.550 Purpose of subchapter.

The purpose of this subchapter is to give the TERO parallel authority to monitor and enforce the fair labor requirements against those already covered by federal law on behalf of the Tribe, not to expand such requirements against those already covered by federal law and not to expand such requirements to employers not already covered. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1230]

3.24.560 Credit for penalties paid to federal government.

In imposing back pay awards, penalties and interest sanctions under this chapter, the TERO shall credit an employer with any back pay, interest, and penalties paid pursuant to an order of settlement entered into with the federal government for the same violation. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1240]

Subchapter 13. Police Authorization

3.24.570 Police authorization.

The Puyallup Tribal Police are expressly authorized and directed to enforce such cease and desist or related requirements as may from time to time be properly issued by the TERO. Such requirements do not require a judicial decree or order to render them enforceable. A removal order, however, shall not be enforced unless it is accompanied by a judicial decree of the Tribal Court. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1310]

3.24.580 Police not civilly liable.

The Police shall not be civilly liable for enforcing requirements related to TERO violations signed by the Director or ordered by the Court. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1320]

Subchapter 14. Miscellaneous

3.24.590 Severability.

If any provision of this chapter or the application of it to any person or circumstance is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, sections, and subsections herein are declared to be severable. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1410]

3.24.600 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council which are inconsistent with this chapter are hereby repealed. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1420]

3.24.610 Effective date.

This chapter shall become effective on March 26, 2025. [Res. 260325 (03/26/25); Res. 280324A (03/28/24); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1430]