Title 18 - Commercial Practices

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TITLE 18 – COMMERCIAL PRACTICES

Amendments received through: August 16, 2017

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Chapter

1. General Provisions
2. Licensing of Commercial Entities
3. Regulation of Trade
4. Uniform Commercial Code
5. Indian Employment Rights
6. Minimum Wage

CHAPTER 1

GENERAL PROVISIONS


Section

1. Findings and Determinations.
2. Definitions.
3. Reservation of Right.
4. Rules and Regulations.
5. Jurisdiction of the Court of Central Jurisdiction; Damages.
6. Waiver of Sovereign Immunity.
7. Solicitor General Obligation.
8. Investigations Proceedings.
9. Equality and Consistency in the Exercise of Powers and Duties.
10. Violations.

§ 1. Findings and Determinations.

  • (a) The Band Assembly hereby finds and determines that pursuant to Article VI, Section 1, Sub-section 3, of the Constitution of the Minnesota Chippewa Tribe, that it may authorize, regulate and license all persons, companies, corporations, associations, partnerships, cooperatives, utilities, and any other public or private commercial entity who engages in the sale of any goods and/or services with any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians.

  • (b) The Band Assembly hereby finds and determines that the regulation and licensure of all persons, companies, corporations, associations, partnerships, cooperatives, utilities and any other public or private commercial entity who engage in the sale of any goods and/or services with any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians is an effective way to regulate commercial activity on lands under the jurisdiction of the Band and that such regulation is vital to the economic security, political integrity and general welfare of the members of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians.

  • (c) The Band Assembly hereby finds and determines that members of the Mille Lacs Band of Chippewa Indians have entered into grossly unfavorably contracts with other persons, companies, corporations, associations, partnerships, cooperatives, utilities and any other public or private commercial entity who engage in the sale of any goods and/or services under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians with said contracts not being clearly understood by said Band members.

  • (d) The Band Assembly hereby finds and determines that many members of the Mille Lacs Band of Chippewa Indians have been imposed upon by persons who solicit and/or peddle literature, insurance policies, merchandise of poor quality and other like-type goods or services and that said persons utilize unprofessional sales tactics in order to coerce Band members and others to accept said products which Band members under ordinary circumstances would not accept.

  • (e) The Band Assembly hereby finds and determines that through the imposition of a license regulations governing such transactions upon all persons, companies, corporations, associations, partnerships, cooperatives, utilities and any other public or private commercial entity who engage in the sale of any goods and/or services with Band members and others under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians is an effective way to regulate such 'transactions and to protect basic civil rights to due process of those persons subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians, pursuant to 1 MLBS § 1 et seq. and Article XIII of the Constitution of the Minnesota Chippewa Tribe.

  • (f) The Band Assembly hereby finds and determines that any person(s), companies, corporations, associations, partnerships, cooperatives, utilities and any other public or private commercial entity who desires to engage in such commercial activity, be permitted to do so under such rules and regulations as the Band Assembly may enact or the Chief Executive pursuant to lawful Executive Order may prescribe, so that the best interest of Band members and others under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians shall be protected.

  • (g) The Band Assembly hereby finds and determines that pursuant to Article VI, Section 1 , Subsection D and Article XV, Section 1 , 2 and 3 of the Constitution of the Minnesota Chippewa Tribe requires that any ordinance which imposes a license or fee upon non-members of the Minnesota Chippewa Tribe-Non-Removable Mille Lacs Band of Chippewa Indians shall be subject to review by the Secretary of Interior, and the regulatory provisions of Chapters 1 to 5 of this title clearly fall within the provisions of the aforementioned constitutional declaration.

  • (h) The Band Assembly hereby finds and determines that in the best interests of Indian Self-Determination that the Secretary of Interior shall exercise his fiduciary obligation by reviewing any proposed Band Statute that levies a licensing fee on nonmembers of the Non-Removable Mille Lacs Band of Chippewa Indians and making recommendations to the Band Assembly so that it may become a Band Statute for regulatory and revenue generating purposes and be codified into the laws of the Non-Removable Mille Lacs Band of Chippewa Indians without undue delay.

  • (i) The Band Assembly hereby finds and determines that persons, companies, corporations, associations, partnerships, cooperatives, utilities and any other public or private commercial entity who engage in the sale of any goods and/or services of any material value with any person subject to the jurisdiction, on lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians or with the Non-Removable Mille Lacs Band of Chippewa Indians or any entity or any political subdivision thereof; have conducted such business transactions without regard to the law, policies or judicial determinations of the Non-Removable Mille Lacs Band of Chippewa Indians and that such a condition violates the general welfare, economic security and political integrity of the Band members and others under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians and that due to this condition , it is necessary to promulgate rules and regulations which govern the conduct of these transactions on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 1.

§ 2. Definitions.

As used in Chapters 1 to 4 of this title, the words, terms, and phrases, defined in this section have the meanings given them. Unless the language or context of any undefined word, term or phrase, clearly indicates that a different meaning is intended, the meaning of sub-joined to any said work, term or phrase shall be subject to definitions found in Minnesota Statutes.

  • (a) Association: The act of a number of persons in uniting together for some special purpose or business.

  • (b) Commercial Entity: Any person(s), company(ies), corporation(s), association(s), partnership(s), cooperative(s), utility(ies) and any other public or private commercial entity who engage in trading in any goods and/or services of any material value with any person subject to the jurisdiction on lands, subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians or with the Non-Removable Mille Lacs Band of Chippewa Indians or any entity or any political subdivision thereof.

  • (c) Company: Union or association of persons for carrying on a commercial or industrial enterprise.

  • (d) Cooperative: A corporation or association organized for purpose of rendering economic services, without gain to itself, to shareholders or members who own and control it.

  • (e) Corporation: An artificial person or legal entity created by or under the authority of the laws of the Non-Removable Mille Lacs Band of Chippewa Indians, any state or nation, composed in some rare instances of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals, including those entities defined in Band Statutes 1077-MLC-16, § 26.0126.03.

  • (f) Court: The Court of Central Jurisdiction as created pursuant to 5 MLBS § 1 et seq.

  • (g) Partnership: A voluntary contract between two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them.

  • (h) Person: A natural person, corporation, company, association, cooperative, unincorporated association, trust or joint stock association, church, religious sect, religious denomination, or league and includes any trustee, receiver, assignee, agent or other similar representative thereof.

  • (i) Process: Any statutory notice or demand required or permitted to be served on a natural person or a corporation and includes a summons in a civil action and any process which may be issued in any action or proceedings in the Court of Central Jurisdiction.

  • (j) Solicit: The request, directly or indirectly, for any contribution, regardless of which party initiates communication, on the plea or representation that such contribution will or may be used for any charitable purpose, and the term shall be all inclusive.

  • (k) Solicitation: Asking, enticing, requesting; or to appeal for something.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 32.
Band Ordinance 15-14, Title II, § 1.

§ 3. Reservation of Right.

The Band Assembly hereby fully reserves the right to alter, amend or repeal the provisions of this title with the required review and approval of the Secretary of Interior. All rights and privileges granted or extended hereunder, shall be subject to such reserved right, however said reservation of right shall not be applicable to existing licenses issued prior to any statutory amendment.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 26.

§ 4. Rules and Regulations.

The Corporate Commission is authorized to issue all rules and regulations necessary for the implementation of Chapters 1 to 4 of this title.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 3.01.
Band Ordinance 15-14, Title II, § 2.

Cross References
Powers and duties of Corporate Commission, see 16 MLBS § 111.

§ 5. Jurisdiction of the Court of Central Jurisdiction; Damages.

  • (a) The Court of Central Jurisdiction is hereby conferred exclusive subject matter jurisdiction to resolve any and all disputes which may arise pursuant to any provisions of Chapters 1 to 4 of this title. The provisions of 5 MLBS §113, shall apply to any non-Indian who initiates any action in the Court of Central Jurisdiction pursuant to any provision of Chapters 1 to 4 of this title. All non-Indian persons who apply for and receive a license to engage in the sale of goods and/or services pursuant to provisions of Chapters 1 to 4 of this title shall be deemed to have voluntarily consented to the civil jurisdiction of the Court of Central Jurisdiction for all civil causes of action which arise herewith.

  • (b) Any cause of action which arises pursuant to any provision of Chapters 1 to 4 of this title in which the Non-Removable Mille Lacs Band of Chippewa Indians or any of its political entities is named as a defendant shall be limited in relief to declaratory or injunctive measures and no damages monetary or otherwise, including but not limited to attorney fees, shall be permitted.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 25.

Cross References
Damages, generally, see 24 MLBS § 651 et seq.
Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.

§ 6. Waiver of Sovereign Immunity.

Nothing in this title shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Ojibwe in any state or federal court.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 30.
Band Ordinance 15-14, Title II, § 3.

§ 7. Solicitor General Obligation.

The Solicitor General shall represent the interest of the Non-Removable Mille Lacs Band of Chippewa Indians and the Corporate Commission in any matter arising from any provision of Chapters 1 to 4 of this title before the Court of Central Jurisdiction.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 31.

Cross References
Duties of Solicitor General, see 4 MLBS § 18.

§ 8. Investigations Proceedings.

The Commissioner of Corporate Affairs in his discretion may make investigations as he deems necessary to determine whether any person has violated or is about to violate any provisions of Chapters 1 to 4 of this title or any Commission Order issued pursuant thereto and to submit the results of this investigation to the Solicitor General for appropriate court action.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 11.

§ 9. Equality and Consistency in the Exercise of Powers and Duties.

Notwithstanding the provisions of any other title of the Mille Lacs Band Statutes Annotated, the Corporate Commission and the Solicitor General may use any information in their possession, or to which they have access, to insure equal and consistent application and enforcement of the provision of this law which is administered by the Commission. This section shall not be construed as granting the Corporate Commission or Solicitor General any power to release information under their direct control to any exterior person, entity or government absent a due process hearing. All information collected shall be deemed highly classified and confidential.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 29.

§ 10. Violations.

Any person who shall fail to comply with the licensing provisions of Chapters 1 to 4 of this title or any lawful Commission Order, or order of the Court of Central Jurisdiction shall be deemed guilty of the offense of obstruction of the lawful process, and upon conviction thereof, shall be sentenced to a suspension or revocation of the privilege to conduct commercial enterprise on lands subject to the jurisdiction of the Band for a period not to exceed one hundred eighty days or exclusion from said lands pursuant to provisions of 2 MLBS § 201 et seq [Digitizer's note: Section not in digital copy].

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 24.
Band Ordinance 15-14, Title II, § 4.

Cross References
Licensing of commercial entities, see 18 MLBS § 101 et seq.

CHAPTER 2

LICENSING OF COMMERCIAL ENTITIES


Section

101. Power to License.
102. Application for License.
103. Classes of Licenses.
104. Fees for Issuance of License.
105. License Fee Revenue Distribution.
106. Licenses Issued to Principal of Commercial Entity.
107. License Period.
108. License Renewal.
109. Denial, Suspension, Revocation of License.
110. Service of Process.
111. Forfeiture of Goods.
112. Power to Close Unlicensed Stores.

§ 101. Power to License.

The Corporate Commission shall have the sole power and authority to license commercial entities who sell or offer for sale any goods and/or services to person(s) on lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Any persons(s), company(ies), corporation(s), association(s), partnership(s), cooperative(s), utility(ies) and any other public or private commercial entity who desires to sell or offer for sale any goods and/or services of any material value or to sell or offer for sale the exchange of property, real or personal, as defined in 24 MLBS § 3302, with any Band member or Indian or any person subject to the jurisdiction of the Mille Lacs Band of Chippewa Indians; or with the Non-Removable Mille Lacs Band of Chippewa Indians; or any political subdivision or entity thereof, shall upon establishing the fact to the satisfaction of the Corporate Commission that he is a proper person or entity to engage in such activity, be permitted to do so under such rules and regulations as the Corporate Commission may prescribe through the issuance of lawful Orders of the Commission. Any such Commission Order shall not be applicable to any commercial entity during the term of any existing license but shall become effective upon the issuance of a new license or upon renewal of an existing license.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 2.52

§ 102. Application for License.

  • (a) Application for licenses must be made in writing on a form prescribed by the Corporate Commission, setting forth the full name and residence of the applicant; if a firm, the firm name and the name of each member thereof, the place where it is proposed to carry on the sale of goods and services; the capital to be invested, the names of the clerks to be employed; the person responsible for the general books of account of the firm and the name of one other person exclusive of the owner who shall both be designated to receive service of process; and the business experience of the applicant. The application must be forwarded through the Commissioner of Corporate Affairs. Licensed entities will be held responsible for the conduct of their employees.

  • (b) When an application for a license or permit is filed with the Commissioner of Corporate Affairs, the application shall be accompanied by a nonrefundable fee of ten dollars ($10.00). The Corporate Commission shall be ninety days from the date of filing to approve or deny any application. Notwithstanding, the Commissioner of Corporate Affairs shall issue a temporary license valid for ninety days upon receipt and filing of said application.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 5.

§ 103. Classes of Licenses.

The Non-Removable Mille Lacs Band of Chippewa Indians hereby designates the following classes of licenses which shall be available for any commercial entity who desires to engage in the sale of any goods and/or services on lands subject to the jurisdiction of the Band. The following classes of licenses shall be made available to any person, company, corporation, association, partnership, cooperative, utility, or financial institution, be it public or private who seeks to engage in the sale of such goods or services on lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. The class of license sought shall be issued according to the classification of the goods and/or services sold on said lands.

  • (a) Retail Sales License. This license is available to a person who sells any goods and commodities at retail on lands under the jurisdiction of the Band.

  • (b) Entertainers License. This license is available to a person who provides entertainment to the public. For example: a band, theater or dance troupe, etc.

  • (c) Professional Services License. This license is available to a person who provides services in the practice of medicine and surgery, chiropractic, nursing, optometry, psychology, dentistry, pharmacy, podiatry, veterinary medicine, architecture, engineering, surveying, landscape architecture, accountancy and law.

  • (d) Utilities License. This license is available to a person providing telephone, electrical, water, sewer, gas to the public.

  • (e) Public Accommodations License. This license is available to a person providing lodging, prepared foods or beverages, and equipment rental to the public.

  • (f) Hawkers, Peddlers, Transient Merchants License. This license is available to a person who transacts any temporary and transient business on lands under the jurisdiction of the Band including selling goods, wares, merchandise and distributing literature of any type.

  • (g) General Service License. This license is available to a person who provides commercial services to the public, such as refuse disposal, plumbing, auto or equipment repair, electrical, carpentry, cleaning and maintenance services, personal care and other like general services.

  • (h) Special Events License. This license is available to a person who conducts commercial activity usually on a one time per annum basis, but not exceeding three times per annum. Said activity does not occur on a regular or consistent basis.

  • (i) Miscellaneous License. This license is available to a person who sells goods or services that do not fall into another category in subsections (a) to (h).

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 6.

§ 104. Fees for Issuance of License.

The following fee schedule based on annual gross sales of the licensed entity is hereby enacted for various classes of licenses offered in 18 MLBS § 103.

  • (a) License fee for Commercial Services License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

  • (b) License fee for Entertainers License is hereby established at fifty dollars ($50.00).

  • (c) License fee for Professional Services License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

  • (d) License fee for Public Utilities License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

  • (e) License fee for Public Accommodations License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

  • (f) License fee for Hawkers, Peddlers, Transient Merchants License is hereby established at:

    • $0 to $50,000.00= $25.00

    • $ 50,001.00 to $100,000.00= $40.00

    • $100,001.00 and over= $50.00

  • (g) License fee for General Commercial Services License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

  • (h) License fee for One-Time Special Events is hereby established at fifty dollars ($50.00).

  • (i) License fee for Miscellaneous License is hereby established at:

    • $0 to $50,000.00= $75.00

    • $ 50,001.00 to $100,000.00= $100.00

    • $100,001.00 and over= $150.00

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 7.

§ 105. License Fee Revenue Distribution.

All revenue derived from license fees from this title shall be forwarded on the first day of each month to the Commissioner of Finance who shall superintend and manage said funds until lawfully disbursed pursuant to formal Revenue Resolution of the Band Assembly.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 23.

§ 106. Licenses Issued to Principal of Commercial Entity.

The Corporate Commission shall issue licenses only in the name of the principal owner of any commercial entity who transacts business pursuant to provisions of this title. Any said license issued pursuant to provisions of this title is nontransferable.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 13.

§ 107. License Period.

License to sell or offer for sale any goods and/or services to any person subject to the jurisdiction of the Band shall be valid throughout the calendar year in which it is issued.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 8.

§ 108. License Renewal.

Application for renewal of license shall be made to the Commissioner of Corporate Affairs on an appropriate form at least thirty days prior to the expiration of the existing license and the Commissioner must report to the Corporate Commission as to the record the applicant has made and his fitness to continue as a commercial entity under a new license.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 9.

§ 109. Denial, Suspension, Revocation of License.

  • (a)

    • (1) The Corporate Commission may by order deny any application or suspend or revoke any license or registration if it finds that the applicant, registrant or licensee:

      • (i) has filed an application for a license or registration which is incomplete in any material respect or contains any statement which, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

      • (ii) has engaged in a fraudulent, deceptive or dishonest practice;

      • (iii) is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of conducting commercial activity;

      • (iv) has violated or failed to comply with any provision of this chapter or any Commission Order issued pursuant thereto.

    • (2) Any applicant for a license or licensee or registrant shall be accorded due process rights to a hearing pursuant to provisions of subsection (c)(1), prior to revocation, suspension or denial action.

  • (b) The Corporate Commission may promulgate rules and regulations further specifying and defining those actions and omissions which constitute fraudulent, deceptive or dishonest practices, and establishing standards of conduct for commercial activity.

  • (c)

    • (1) The Court of Central Jurisdiction may issue an order requiring a licensee, registrant or applicant for a license or registration to show cause why the license or registration should not be revoked or suspended. In the case of the denial of an application, the Corporate Commission may issue such a show cause order. All orders shall be calculated to give reasonable notice of time and place for hearing thereon, and shall state the reasons for the entry of the order. All hearings shall be conducted in accordance with 24 MLBS § 2001 et seq. After the hearing, the court shall enter an order making such disposition of the matter as the facts require. In the case of hearings before the Corporate Commission, the Commission shall enter an order making such disposition of the matter as the facts require. Any such order may be appealed to the Court of Central Jurisdiction.

    • (2) If the licensee, registrant or applicant fails to appear at a hearing of which he has been duly notified, such person shall be deemed in default, and the proceeding may be determined against him upon consideration of the order to show cause, the allegations of which may be deemed to be true.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 10.

§ 110. Service of Process.

All commercial entities that sell or offer for sale any goods and/or services on lands subject to the jurisdiction of the Band, but do not maintain an office on lands subject to the jurisdiction of the Band shall be subject to service of process as follows: by service thereof on its registered agent within the Band or if there be no such registered agent, then upon the person who has been designated in the registration statement as having custody of books and records or upon the person who is an agent of the commercial entity or by placing a copy of said process in registered and regular United States mail at the last known address.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 14.

§ 111. Forfeiture of Goods.

Any person who shall attempt to conduct commerce on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians as a commercial entity, or to introduce goods, offer for sale any services or to conduct commercial activity therein without a license, shall forfeit all merchandise offered for sale to any person or the Band which is found in his possession to the Non-Removable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 4.

§ 112. Power to Close Unlicensed Stores.

If persons carry on commercial activities within the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians with any person under the jurisdiction of the Band or the Band or entity of the Band without a license, or continue to conduct commerce after expiration of the license without applying for renewal, the Commissioner of Corporate Affairs will immediately report the facts to the Solicitor General who may, if necessary, direct the Law Enforcement officials to close the store of such commercial entities. The Solicitor General shall within forty-eight hours file a proper complaint in the Court of Central Jurisdiction and seek permanent or temporary injunctive relief from the court whichever is appropriate.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § I 2.

CHAPTER 3

REGULATION OF TRADE


Section

201. Inspection of Prices.
202. Credit at Seller's Risk.
203. Cash Payment Only to Any Band Member.
204. Government Checks Paid in Cash.
205. Premises Kept in Sanitary Condition.
206. Tobacco Sales to Minors.
207. Imitation Indian-Made Goods and Commercially Grown Wild Rice Prohibited.
208. Corporate Commission Authorizations.
209. Pawnbrokers and Junk Dealers.

§ 201. Inspection of Prices.

  • (a) It is the duty of the Commissioner of Corporate Affairs, to see that the prices charged by commercial entities are fair and reasonable. To this end the commercial entities shall on request submit to the Commissioner or inspecting officials the original invoice, showing cost, together with a statement of transportation charges, retail price of articles sold by them, the amount of Indian accounts carried on their books, the total annual sales, the value of buildings, the number of employees, and any other business information such officials may desire. The quality of all articles kept on sale must be good merchandise. The Commissioner shall conduct any such inspection upon receipt of any complaint from any person.

  • (b) The Corporate Commission shall promulgate standards for fair and reasonable inspection of any commercial entity located on lands subject to the jurisdiction of the Band, so as to prevent bias. No inspections shall occur until said standards have been promulgated.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 16.

§ 202. Credit at Seller's Risk.

Credit given to any Band members, will be at the seller's own risk, as no assistance will be given by Government officials in the collection of debts against any Band members other than that specified in 24 MLBS § 3001 et seq. Commercial entities shall not accept pawns or pledges of personal property by any Band members to obtain credit or loans. Receipts must be given to all articles they have sold to commercial entities and on which they have requested book credit. These receipts must show the following information: The date the transaction was made, the amount paid the Band member and a description of the article or articles sold. All receipts issued by the commercial entity for Band members products must be recorded in the commercial entity's book in such manner that all information contained in the receipt is duplicated. Receipts may be transferred upon order of the initial recipient if it is to his convenience that such a procedure be followed.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 17.

§ 203. Cash Payment Only to Any Band Member.

Commercial entities must not pay Band members in tokens, tickets, store orders or anything else of that character. Payment must be made in money, or in credit if the Band member is indebted to the commercial entity.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § I 8.

§ 204. Government Checks Paid in Cash.

Commercial entities must pay all government checks accepted in cash, merchandise or credit to the full value of the check presented. The acceptance of cash, merchandise, or credit for government checks shall be at the option of the Band member in all cases.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § I 9.

§ 205. Premises Kept in Sanitary Condition.

The commercial entities shall keep both their premises and place of business in a clean, sanitary and presentable condition at all times and shall avoid exposure of foodstuff to infection from the air, dust, insects or handling. It shall be the duty of the Commissioner of Human Services of the Band and his/her assistants to make periodical inspections, recommend improvements and report thereon to the Commissioner of Corporate Affairs or his duly authorized representative.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 20.

§ 206. Tobacco Sales to Minors.

No commercial entity shall sell tobacco, cigars, or cigarettes to any Band member under 18 years of age.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 15.

§ 207. Imitation Indian-Made Goods and Commercially Grown Wild Rice Prohibited.

  • (a) No person shall introduce or have in his possession for disposition or sale to Band members or others, within the exterior boundaries of lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians, any goods, wares, and merchandise known as moccasins, bead work, birchbark baskets, deerskin work, grass rugs, sweet grass baskets, and other goods which are manufactured or produced in imitation of genuine American Indian-made goods, wares, or merchandise without first clearly branding, labeling or marking said goods, wares or merchandise as imitation of genuine American Indian-made goods, wares or merchandise. For purposes of this section, Indian-made goods are those made exclusively by persons who are at least one-quarter Indian blood or who are listed on the rolls of any federally recognized Indian tribe, Band or community.

  • (b) The brand, label or mark required by subsection (a) shall be the words "not Indian-made" and shall be placed or attached outside of and on a conspicuous part of the finished article so as to be plainly visible to the purchasing public, and shall be the size and style known as great primer Roman capitals. Such brand or mark, if the article will permit, shall be placed upon it, but when such branding or marking is impossible, a label shall be used and attached thereto.

  • (c) Any person injured by violation of subsection (a) may bring a civil action and recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the Court of Central Jurisdiction.

  • (d) No person shall sell, offer for sale, or have in his possession for the purpose of sale any commercially grown wild rice.

  • (e) All such imitation Indian-made goods which are mislabeled, in violation of subsection (a) and commercially grown wild rice introduced in violation of subsection (d) shall be subject to seizure by any law enforcement officer of the Band in the event that any person shall introduce or intend to introduce for purposes of sale to the general public such goods and/or commercially grown wild rice.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 22.

§ 208. Corporate Commission Authorizations.

The Corporate Commission is authorized, whenever in its opinion the public interest may require, to prohibit the introduction of goods, or of any particular articles, into the country belonging to the Non-Removable Mille Lacs Band of Chippewa Indians and direct that all licenses to sell or offer for sale any goods and/or services with persons or the Band be revoked, and all applications therefore rejected. No commercial entity shall, so long as such prohibition exists, sell or offer for sale any goods and/or services with any entity of the Band and for said Band, or to any person subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 3.

§ 209. Pawnbrokers and Junk Dealers.

  • (a) Every pawnbroker or junk dealer subject to the jurisdiction of the Court must keep a detailed register in which must be entered the description of every article pawned by him/her or purchased by him/her with the date of pawning or purchasing date when the article must be redeemed, with the name of the person by whom the article was pawned, or by whom purchased and the amount loaned thereon or paid thereof, and in case of the sale of any article pawned or pledged, the pawnbroker or junk dealer must enter upon said register the name of the purchaser, the time of the sale and the price paid therefore and the register must always be open to inspection and examination of any law enforcement officer.

  • (b) Furthermore, no person may carry on the business of pawnbroker or junk dealer by receiving goods pawned, or in pledge for loans, at any rate of interest higher than is allowed pawnbrokers of junk dealers under Federal regulation. There must be no other or greater amount received by and pawnbroker or junk dealer, his/her employee or agents, for interest, commission, discount, storage or caring for property pledged than the rate allowed under Federal regulations.

  • (c) Failure to comply with the terms and conditions of this section shall constitute an offense, punishable upon conviction of a sentence to labor for a period not to exceed 180 days, and/or by a fine not to exceed $500.00, and the violator may be subject to other related charges under provisions of the Mille Lacs Band Statutes Annotated such as 24 MLBS § 1154. The Court may order the violator to cease and desist from any further business as pawnbroker or junk dealer until full compliance with this section is to the satisfaction of the Court.

Historical and Statutory Notes

Source:
Band Statute 1164-MLC-6, § 28.


CHAPTER 4

UNIFORM COMMERCIAL CODE


Section

301. Enactment.
302. Amendments.

§ 301. Enactment.

The Band Assembly hereby enacts the Uniform Commercial Code of the State of
Minnesota-Minnesota Statutes, Chapter 336 as the Uniform Commercial Code for the
Non-Removable Mille Lacs Band of Chippewa Indians. The Justices of the Court of Central Jurisdiction shall be bound by the provisions of Minnesota Statutes, Chapter 336 in all causes of action which arise pursuant thereto. Exclusive subject matter jurisdiction is hereby conferred to the Court of Central Jurisdiction.

Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 28.

Cross References
Applicability to motor vehicle lien holders, see 19 MLBS § 18 [Digitizer's note: Section not in digital copy].
Applicability to watercraft, see 20 MLBS § 11.
Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.

§ 302. Amendments.

Band Statute 1090-MLC-47 (see, now, 18 MLBS § 301) adopted the Uniform Commercial Code as adopted by the State of Minnesota. Should the State of Minnesota amend or change its Uniform Commercial Code after the enactment of the above mentioned Statute, the Commissioner of Corporate affairs may, in his discretion, adopt those amendments or changes into Band law via a Commissioner's Order.

Historical and Statutory Notes

Source:
Band Statute 1202-MLC-16A, § 16.

Cross References
Commissioner's Orders, see 4 MLBS § 7.

CHAPTER 5

INDIAN EMPLOYMENT RIGHTS


Subchapter

1. General Provisions
2. Admiration; Mille Lacs Band of Ojibwe Tribal Employment Rights Office
3. Indian Preference in Employment and Contracting
4. Fees
5. Compliance Plan, Notice, and Contract
6. Prohibition of Employment Discrimination
7. Employee Wage and Hour
8. Occupational Safety and Health of Employees
9. Enforcement

SUBCHAPTER 1

GENERAL PROVISIONS


Section

401. Policy.
402. Purpose.
403. Severability.
404. Definitions.

§ 401. Policy and Findings.

  • (a) It is the policy of the Mille Lacs Band of Ojibwe (the Band) to provide a preference in employment and contracting to members of the Band and other federally recognized Indian tribes.

    • (1) This policy applies to employment and contracting by the Band’s government (including all branches, departments and agencies thereof), by all Band-owned entities while they are engaged in commercial or economic activities on behalf of the Band within the Band’s Reservation and by all persons and entities doing business with the Band (including subcontractors of persons or entities contracting with the Band) within the Band’s Reservation.

    • (2) This policy: (A) is intended to further the Band’s overriding interests in self-government, self-sufficiency and economic development; (B) is directed to the participation of the governed in the Band’s governing bodies and in its commercial and economic activities; (C) is intended to make the Band’s government and its commercial and economic activities more responsive to the needs of its constituents; and (D) is intended to provide for the economic security and employment of members of the Band and of other federally recognized Indian tribes and to overcome the effects of past discrimination against such persons.

    • (3) Economic insecurity and unemployment are serious impediments to the health, morale, and welfare of the Band. Employment and contracting opportunities with the Band’s government and with Band-owned entities and other persons and entities doing business with the Band within the Band’s Reservation are important resources for members of the Band and of other federally recognized Indian tribes, who have historically suffered from discrimination in employment and contracting opportunities. As a result, Indian people living on or near the Band’s Reservation have unique and special employment rights under federal law, and the Band is obligated to implement those rights.

  • (b) Subject to the policy described in paragraph (a) of this section, all employees subject to the Mille Lacs Band of Ojibwe’s jurisdiction are entitled to a workplace environment that prohibits employment discrimination, protects employees’ wages, and promotes health and safety.

  • (c) The provisions of this Chapter are critically important to the health and welfare of members of the Band and of other federally recognized Indian tribes, especially those residing on or near the Band’s Reservation. Unemployment and underemployment within the boundaries of the Band’s Reservation are consistently many times higher than the national and state average. This pervasive unemployment and underemployment has directly contributed to serious social problems and a lower quality of life for members of the Band and of other federally recognized Indian tribes residing on or near the Band’s Reservation and impeded the self-governance objectives of the Band.

  • (d) The Band declares that the public good and the welfare of the Band require the enactment of this Chapter, which is enacted pursuant to the Band’s inherent sovereign and political powers, in order to increase employment of and the number of businesses owned by members of the Band and of other federally recognized Indian tribes, especially within the Band’s Reservation, and to protect the workforce rights of Indian and non-Indian employees within the jurisdiction of the Band.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 401.

§ 402. Purpose.

This Chapter is adopted by the Mille Lacs Band of Ojibwe (the Band), under its inherent sovereign and political powers, for the following purposes:

  • (a) To promulgate Band laws and rules governing employment relations and contracting preference within the Band’s jurisdiction;

  • (b) To establish the Band’s Tribal Employment Rights Office (TERO) in order to enforce the Band’s laws governing employment and contracting preference, and to protect the rights of all members of the Band, members of other federally recognized Indian tribes, and all other employees within the Band’s jurisdiction;

  • (c) To increase the employment of members of the Band and of other federally recognized Indian tribes;

  • (d) To eradicate employment discrimination, protect employees’ wages, and protect employees’ health and safety within the Band’s jurisdiction;

  • (e) To provide a fair, enforceable, and effective system of preferences in contracting and/or sub-contracting as it relates to the provision of supplies, services, labor and materials to the Band’s government and to Band-owned entities and other persons or entities doing business with the Band (including subcontractors of persons or entities contracting with the Band) within the Band’s Reservation; and

  • (f) To supersede all other provisions of Band law that are inconsistent with the provisions of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 402.

§ 403. Severability.

If any provision of this Chapter, or the application thereof to any person, business, corporation, government (including any agency or political subdivision thereof), or circumstance, is held invalid, the invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 403.

§ 404. Definitions.

  • (a) “Adverse Action” means an action taken to try to keep an individual from opposing a discriminatory practice or from participating in an employment discrimination proceeding. Adverse actions include termination, refusal to hire, denial of promotion, threats, unjustified negative evaluations, unjustified negative references, increased surveillance or any other action, such as assault or unfounded civil or criminal charge, that are likely to deter reasonable people from pursuing their rights.

  • (b) “Band” means the Mille Lacs Band of Ojibwe, a federally recognized Indian tribe, and includes the Band’s government (including all branches, departments and agencies thereof) and all Band-owned entities while they are engaged in commercial or economic activities on behalf of the Band within the Band’s Reservation.

  • (c) “Commission” or “TERO Commission” means the Commissioner of the Tribal Employee Rights Office.

  • (d) A “Conflict of Interest” occurs when a TERO Commission member is in a position to influence a decision that may result in a personal gain for that member or for a member of his or her Immediate Family.

  • (e) “Core Crew” means regular, permanent employees in supervisory or other key positions where an employer would face serious financial loss if the positions were filled by persons who had not previously worked for that employer.

  • (f) “Covered Employer” means the Band and any entity, company, contractor, sub-contractor, corporation or other business doing business with the Band (including subcontractors of persons or entities contracting with the Band) within the Band’s Reservation that employs for wages or other remuneration two (2) or more employees.

  • (g) “Days” means calendar days, including holidays and weekends, unless otherwise indicated.

  • (h) “Director” means the director of the Band’s Tribal Employment Rights Office.

  • (i) “Disability” means, with respect to an individual:

    • (1) a physical or mental impairment that substantially limits one or more major life activities of such individual;

    • (2) a record of such an impairment; or

    • (3) being regarded as having such an impairment.

    • An impairment does not have to be permanent to rise to the level of a disability. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.

  • (j) “EEOC” means the federal Equal Employment Opportunity Commission.

  • (k) “Elected Officials” means the Mille Lacs Band Chief Executive, Secretary-Treasurer, and District Representatives.

  • (l) “Immediate Family” includes a person’s spouse, a person’s biological or adopted child, a member of a person’s household, and a person’s mother, father, sister, and brother.

  • (m) “Indian” means a member of a federally recognized Indian tribe.

  • (n) “Indian Certified Entity” means an entity, certified by the Board, in which fifty-one percent (51%) or more of the ownership interests are held by one or more Indians and in which daily management and control is provided by one of more Indians.

  • (o) “Reservation” means all lands within the exterior boundaries of the Mille Lacs Indian Reservation as established by the Treaty of 1855, 10 Stat. 1165, all lands held in trust by the United States for the benefit of the Minnesota Chippewa Tribe, the Band or individual members of the Band, which are subject to the jurisdiction of the Band, and all lands owned by the Band which are located within one of the districts designated in 2 MLBS § 11.

  • (p) “TERO” means the Band’s Tribal Employment Rights Office established by this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 404.
Band Ordinance 07-17, § 4.

SUBCHAPTER 2

ADMIRATION; MILLE LACS BAND OF OJIBWE TRIBAL EMPLOYMENT RIGHTS OFFICE


Section

405. TERO Commission and Recusal of Commission Members.
406. Powers and Duties of the TERO Commission, and Compensation.
407. Tribal Employment Rights Office; Director.
408. Powers and Duties of TERO Director.
409. Intergovernmental Relationships.

§ 405. TERO Commission and Recusal of Commission Members.

  • (a) TERO Commission Members. The TERO shall be managed by the TERO Commission. At all times there shall be at least one Commission Member on the Commission from each District. The Commission shall consist of seven (7) Commission Members as appointed under § 405(a)(1).

    • (1) Appointment Process; Terms. Each Member shall be appointed using the following process: The Elected Officials shall each nominate two (2) individuals and submit their names to the Mille Lacs Band Parliamentarian. The Chief Executive and Secretary-Treasurer of the Band shall each nominate two (2) additional individuals and submit their names to the Mille Lacs Band Parliamentarian. Within ten (10) calendar days after receipt of the nominations, the Elected Officials shall convene and vote on one (1) of the two (2) nominees submitted from each Elected Official to be a Member of the Commission. Members appointed by the Chief Executive and District 1 Representative shall serve until December 1, 2018, and Members appointed by the Secretary-Treasurer, District II Representative, and District III Representative shall serve until December 31, 2020. Any subsequent appointment, other than to fill a vacancy that occurs prior to the end of a term, shall be for four years.

    • (2) Qualifications. Commissioners shall be public officials subject to the Mille Lacs Band Ethics Code in 6 MLBS §§ 1151-1163. At least three of the Commissioners shall have education or experience in one or more of the following areas:

      • (i) Humans Resources;

      • (ii) Tribal Employment Rights;

      • (iii) Construction Management;

      • (iv) Regulatory Enforcement; or

      • (v) Auditing or Investigations.

    • (3) Officers. The TERO Commission Members shall select a Chair, Vice-Chair, and Secretary at the first meeting of the Commission, and annually thereafter. The Chair shall preside at all meetings of the Commission and shall be authorized to sign required documents in accordance with the powers of the Commission.

Historical and Statutory Notes

Source:
Band Ordinance 07-17, § 5.

§ 406. Powers and Duties of the TERO Commission, and Compensation.

  • (a) The TERO Commission has the full power, jurisdiction, and authority:

    • (1) Take all actions necessary and appropriate to implement the provisions of this Chapter;

    • (2) Approve or reject any and all rules, regulations and/or guidelines formulated by the Director to carry out the provisions of this Chapter and to approve or reject the amendment or rescission of any such rules, regulations, or guidelines, provided that, except when an emergency exists, the TERO Commission shall provide the public an opportunity to comment at a meeting of the TERO Commission before approving any such rules, regulations or guidelines or amendments or recessions thereof;

    • (3) Conduct hearings in accordance with such rules of practice and procedure as may be adopted by the TERO Commission after providing the public an opportunity to comment on them at a meeting of the TERO Commission;

    • (4) Order any relief or sanctions authorized by this Chapter, and to petition the Mille Lacs Band Court of Central Jurisdiction for such orders to enforce the decisions of the TERO Commission and any sanctions imposed by the TERO Commission, if necessary;

    • (5) Make recommendations to the Band Assembly on amendments to this Chapter;

    • (6) Establish a system for certifying firms as Indian Owned Businesses or Mille Lacs Band Owned businesses;

    • (7) Maintain a list of Certified Businesses;

    • (8) Assist Band Members in obtaining certification;

    • (9) Coordinate training and mentorship programs for Band Members and Indians;

    • (10) Monitor all contracting activities on Band Lands in consultation with the Elected Officials;

    • (11) Inform the Band Government, Band Entities, Employers, and Contractors and assist in presentations to the public on the requirements of this Chapter with respect to Indian employment and contact preference requirements;

    • (12) Oversee the Certified Businesses receiving invitations to bid on contracts;

    • (13) Establish a Band labor surplus pool and refer Band Members and other Indians to an Employer or Contractor for employment considerations;

    • (14) Assist procurement officers or delegated agents in the designation of contracts appropriate for the set aside program;

    • (15) Develop and maintain an audit and reporting system which measures the effectiveness of the Indian Preference Policy in meeting its goals and objectives;

    • (16) Establish procedures for TERO’s regulatory proceedings;

    • (17) Establish procedures, forms, and policies necessary to carry out the purposes of the Chapter; and

    • (18) Enforce any employment and procurement laws, policies, and/or procedures in accordance with this Chapter.

  • (b) Compensation. Commission members may receive a stipend for their services at a rate established by the Band Assembly. Commissioners shall be reimbursed for actual expenses incurred on Commission business, including necessary travel expenses in a manner consistent with applicable Band policies and procedures.

Historical and Statutory Notes

Source:
Band Ordinance 07-17, § 6.

§ 407. Tribal Employment Rights Office; Director.

There is hereby established as an agency of the Mille Lacs Band of Ojibwe government the Tribal Employment Rights Office (also known as “TERO”). The Director of the TERO shall be an employee of the TERO under the direct supervision of the TERO Commission and shall have the power and duties prescribed in § 408 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-17, § 7

§ 408. Powers and Duties of TERO Director.

The Director shall have the following powers and duties:

  • (a) To formulate, amend and rescind regulations, rules and guidelines necessary to carry out the provisions of this Chapter, subject to the approval of the Board;

  • (b) To implement and enforce the provisions of this Chapter, as well as any properly adopted regulations, rules, guidelines and orders;

  • (c) To hire staff, expend designated funds from an approved budget, and obtain and expend funding from federal, state, and other sources;

  • (d) To maintain a list of: (1) current Covered Employers, (2) current employer permits and work permits issued, and (3) current Indian Certified Entities;

  • (e) To maintain a record of all contracting projects subject to this Chapter and the TERO fees assessed for each project;

  • (f) To process applications for certification of Indian Certified Entities by the Board;

  • (g) To grant TERO permits and collect TERO fees as authorized by this Chapter;

  • (h) To establish training and workforce development programs, in conjunction with the Mille Lacs Band Department of Labor, for Band members and other Indians to assist them in obtaining and retaining employment;

  • (i) To process applications for and maintain a list of Band members and other Indians living on or near the Reservation who are available for employment and to assist such persons with job placement; and

  • (j) To contract with federal and/or state entities for the provision of additional job procurement services and funding consistent with the purposes of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 408.

§ 409. Intergovernmental Relationships.

The TERO, acting through the Director, is authorized, with the written concurrence of the Commissioner of Administration, to enter into cooperative relationships with federal employment rights agencies, such as the EEOC and the Office of Federal Contract Compliance Programs (OFCCP), and with state employment rights agencies, such as the Human Rights Commission, in order to eliminate discrimination against Indians on and off the Reservation, as well as to develop training programs for Indians. The Director may also, with the written concurrence of the Commissioner of Administration, enter into cooperative relationships with federal agencies, including but not limited to the Bureau of Indian Affairs, the Department of Labor, the Federal Highway Administration, and the Internal Revenue Service, in order to implement any federal employment or other workforce rights, authorities, or requirements as such agency may lawfully delegate to the Band.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 409.


SUBCHAPTER 3

INDIAN PREFERENCE IN EMPLOYMENT AND CONTRACTING


Section

410. Indian Preference in Employment.
411. Covered Employer’s Responsibilities.
412. Core Crew.
413. Indian Preference in Contracting.
414. Indian Certified Entities.
415. Applicability of Indian Preference in Contracting.
415A. Other Preferences to be Consistent.

§ 410. Indian Preference in Employment.

  • (a) All Covered Employers shall give preference to Indians living on or near the Reservation in the hiring, promotion, training, and all other aspects of employment within the boundaries of the Reservation, provided that these individuals have the necessary qualifications. The priority for Indian Preference is as follows:

    • (1) Mille Lacs Band Member

    • (2) Member of another federally recognized Indian Tribe

    • (3) All Others

  • (b) Every Covered Employer shall encourage Indians to seek promotional opportunities. For every opening in a supervisory position, the employer shall inform Indian workers about the position and encourage them to apply.

  • (c) No Covered Employer shall be permitted to maintain a position that no employment opportunities exist in the fulfillment of any said contract in order to evade the provisions of this section. The Covered Employer shall develop a goal statement which is subject to advance approval by the TERO Director prior to the commencement of any work. Additionally, no goal statement shall be approved which contains less than fifty percent (50%) for each construction operation in Indian employment opportunities pursuant to any contract.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 410.
Band Ordinance 30-14, Title I, § 1.

§ 411. Covered Employer’s Responsibilities.

  • (a) Advertising of positions. Covered Employers shall notify the TERO of openings in employment positions subject to this Chapter and provide job descriptions for such openings at or before the time at which they advertise the openings. Job descriptions shall not be written in a way to unnecessarily exclude Band members or other Indians from employment.

  • (b) All Covered Employers shall define in writing the necessary qualifications for each employment position in their work force that is subject to this Chapter, which shall be provided to the Director and applicants upon request.

  • (c) All Covered Employers shall comply with this Chapter, all rules and regulations relating to it, and all guidelines and orders of the Director.

  • (d) The requirements in this Chapter shall not apply to any direct employment by the Federal or a State government or their agencies or subdivisions. However, such requirements shall apply to all contractors or grantees of such governments and to all commercial enterprises operated by such governments when they are doing business with the Band within the Reservation.

  • (e) Covered Employers shall include and specify an Indian employment preference policy statement in all job announcements and advertisements and all employer policies that are subject to this Chapter.

  • (f) Covered Employers shall post in a conspicuous place on their premises for their employees and applicants an Indian preference policy notice prepared or approved by the TERO.

  • (g) Covered Employers, except for construction contractors, shall advertise and announce all openings in employment positions subject to this Chapter on the Mille Lacs Band website. Construction contractors, prior to starting work within the Reservation, shall provide a TERO Compliance Plan for the project to the TERO Director.

  • (h) Covered Employers shall use non-discriminatory job qualifications and selection criteria in filling employment positions subject to the requirements of this Chapter. No Covered Employer shall use any job qualification criteria that serve as barriers to Indian preference in employment, unless the Covered Employer can demonstrate that such criteria or requirements are required by business necessity.

  • (i) Regardless of the qualifications of any non-Indian applicant, any Indian who demonstrates the necessary qualifications for an employment position subject to this Chapter:

    • (1) Shall be selected by Covered Employers in the case of hiring, promotion, transfer, upgrading, recall and other employment opportunities with respect to such position; and

    • (2) Shall be retained by Covered Employers in the case of a reduction-inforce affecting a certain class of positions until all non-Indians employed in that class of positions are laid-off.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 411.

§ 412. Core Crew.

  • (a) Covered Employers, may, if necessary, designate a core crew, which is exempt from the Indian preference requirements of this Chapter.

  • (b) If a core crew is necessary, such core crew shall not exceed twenty-five percent (25%) of the total employees of the project/jobsite except as otherwise provided in paragraph (c) of this section.

  • (c) The Director may, at his or her discretion, grant a Covered Employer a larger core crew designation upon a satisfactory demonstration by the Covered Employer that a larger core crew is necessary due to unique or specialized positions that are essential for the operation of the business. A Covered Employer may appeal the decision of the Director to the Board.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 412.

§ 413. Indian Preference in Contracting.

  • (a) To the extent provided in § 415 of this Chapter, all Covered Employers shall give preference in contracting and subcontracting to Indian Certified Entities.

  • (b) If one or more qualified Indian Certified Entities submit a bid that is within ten (10%) percent of the lowest competitive bid, the Covered Employer shall give one of the qualified Indian Certified Entities submitting such a bid the opportunity to negotiate an acceptable bid.

  • (c) In accordance with §§ 406 and 408 of this Chapter, the Director shall formulate and the Board shall approve regulations providing guidance on implementing the requirements of this section and for implementing Indian contracting preference when the awarding entity uses a method other than competition to select a contractor.

  • (d) Whenever feasible, the Covered Employer shall submit to the Director, at least thirty (30) days in advance of the deadline for the submission of bids for a contract or subcontract, a list of all related contracts and subcontracts contemplated by the Covered Employer in order to enable the Director to give Indian Certified Entities the opportunity to prepare bids for such related contracts and subcontracts.

  • (e) Any Covered Employer or Indian Certified Entity entering into a contract under the Indian preference provisions of this Chapter consents to the jurisdiction of the Band’s Court of Central Jurisdiction for purposes of resolving any dispute arising under such contract, provided that nothing in this paragraph shall waive the sovereign immunity of the Band.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 413.

§ 414. Indian Certified Entities.

The Board shall establish a system for certifying firms as Indian Certified Entities. This system shall include detailed provisions to ensure that entities that are not truly 51% or more owned by Indians, or in which daily management and control is not provided by Indians, are not granted Indian preference certification.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 414.

§ 415. Applicability of Indian Preference in Contracting.

  • (a) Except as otherwise provided in this section, the Indian preference in contracting required under § 413 of this Chapter shall apply only to contracts and subcontracts to be performed on the Reservation and shall not apply to the delivery of goods from a location outside the Reservation.

  • (b) Notwithstanding any other provision in this Chapter, the Indian preference in contracting required under § 413 of this Chapter shall not apply to any contracts or subcontracts where the Board determines that application of that preference is specifically prohibited by Federal law.

  • (c) The Indian preference in contracting required under § 413 of this Chapter shall not apply to contracts awarded by the Federal or a State government or their agencies or subdivisions. However, the Indian preference in contracting required under § 413 of this Chapter shall apply to all subcontracts awarded by a Federal or State contractor or grantee that is a Covered Entity, whether or not the prime contract was subject to that preference, except when the Board determines that application of that preference to that entity is specifically prohibited by Federal law.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 415.

§ 415A. Other Preferences to be Consistent.

Any provision for Indian Preference in employment or contracting contained in any Band policy, including any policy of the Corporate Commission, must be consistent with the Indian Preference in 18 MLBS §§ 410, 413, which provide first priority to Mille Lacs Band Members, second priority to members of another federally recognized Indian Tribe, and third priority to all others.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title IV, § 2.


SUBCHAPTER 4

FEES


Section

416. Fees.
417. Exempt Employers and Entities.
418. Fee Collection and Expenditure.
419. Monthly Statements.

§ 416. Fees.

Except as otherwise provided in § 417 of this Chapter, and except as prohibited by Federal law, the following fees are assessed on Covered Employers (other than the Band) for the privilege of doing business with the Band within the Reservation and to raise revenue for the operation of the TERO office and the enforcement of this Chapter.

  • (a) Every Covered Employer other than the Band that enters into a contract with the Band totaling $25,000.00 or more shall pay a one-time project fee of one half percent (0.5%) of the total amount of the contract. The Covered Employer shall pay the full amount of the fee before commencing work on the Reservation under the contract, provided that the Director may, for good cause shown by the Covered Employer, authorize the fee to be paid in installments over the life of the contract, and provided further that if the total amount of the contract is subsequently increased, the Covered Employer shall pay the additional amount due (0.5% of the increased amount of the contract) at the time of the increase. In all cases, the full amount shall be paid by the contractor upon the last pay application. A Covered Employer other than the Band that enters into a contract with the Band for less than $25,000.00 shall pay the 0.5% fee on the total amount of the contract if the contract is amended or enlarged to $25,000.00 or more within one (1) year after it was entered into. The fee imposed by this paragraph does not apply to a Covered Employer that enters into a subcontract made under a contract with the Band where the fee has been paid on the total amount of such contract.

  • (b) All Covered Employers other than the Band shall, as a condition of doing business on the Reservation under a contract with the Band, consent to the Band entity awarding the contract paying the fee imposed under paragraph (a) of this section directly to the TERO prior to the commencement of work under the contract and subtracting the amount of the fee from the payments due to the Covered Employer under the contract. Prior to making the payment, the Band entity awarding the contract shall provide the contractor with a form prepared by the TERO, in which the contractor grants its consent to the payment of the TERO fee based on the amount it is entitled to receive from the Band entity. A contractor shall not be permitted to commence work on the Reservation until it has executed this form, provided that this provision shall not apply if the imposition of the fee with respect to the contractor is prohibited by Federal law.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 416.

§ 417. Exempt Employers and Entities.

The fees imposed in § 416 of this Chapter shall not be collected where applicable provisions of a Federal contract or grant prohibit the collection of such fees.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 417.

§ 418. Fee Collection and Expenditure.

  • (a) The TERO fees shall be collected by the Director pursuant to TERO regulations. The fees shall be paid over to the Band’s Office of Management and Budget (OMB) and shall be credited to the TERO account. These funds shall be expended solely by the TERO, pursuant to a duly approved budget in order to carry out the purposes of this Chapter.

  • (b) The TERO Office, in conjunction with the Band’s Department of Labor, shall prepare a quarterly report as to all employment and training expenditures. The report shall be made available to the Legislative Branch and Executive Branch each calendar quarter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 418.

§ 419. Monthly Statements

[Revisor's Note: This section is not listed in the Ordinance.]

Historical and Statutory Notes

Source:
Band Ordinance 15-14.

SUBCHAPTER 5

COMPLIANCE PLAN, NOTICE, AND CONTRACT


Section

420. Compliance Plan.
421. Notice to Proposed Contractors and Subcontractors.
422. Contract Language Imposing TERO Requirements.
423. Model Language.
424. TERO Approval of Notices of Contracts and Awarded by Covered Entities.

§ 420. Compliance Plan.

  • (a) All Covered Employers other than the Band shall, no less than ten (10) business days prior to commencing business on the Reservation, prepare and submit to the Director for his or her approval a plan setting out how the employer will comply with the requirements of this Chapter and its implementing regulations regarding Indian employment and Indian contracting preference. A Band-owned entity shall, no less than ten (10) business days prior to entering into a contract with a non-Band contractor to be performed on the Reservation, prepare and submit to the Director for his or her approval a plan setting out how the Band-owned entity will comply with the requirements of this Chapter and its implementing regulations regarding Indian employment and Indian contracting preference in connection with such contract. A Covered Employer already doing business on the Reservation on the effective date of this Chapter that has not prepared a Compliance Plan that has been approved by the Director under this section shall come into compliance with the requirements of this section within thirty (30) business days of the effective date of this Chapter.

  • (b) The payroll records of all Covered Employers other than the Band shall be submitted to the Director within thirty (30) days of his or her request. Any Covered Employer required to submit a certified payroll pursuant to federal law under the Davis-Bacon Act shall submit a copy of this certified payroll record to the Director.

  • (c) All Covered Employers other than the Band are required to report relevant changes regarding their employees and employment positions to the Director when they submit the payroll records to the Director under paragraph (b) of this section, including but not limited to new positions, terminations, layoffs, promotions, and retirements.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 420.

§ 421. Notice to Proposed Contractors and Subcontractors.

  • (a) Any Covered Employer, when issuing a notice of a proposed contract to be awarded by it, shall include provisions in the notice that inform a prospective contractor about the requirements established by this Chapter.

  • (b) Any Covered Employer, when issuing a notice of a proposed subcontract to be awarded by it, shall include provisions in the notice that inform any prospective subcontractor about the requirements established by this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 421.

§ 422. Contract Language Imposing TERO Requirements.

Any Covered Employer, when awarding a contract or subcontract, shall include provisions that impose the requirements of this Chapter on the contractor or subcontractor, such that the legal document will fully bind the party to comply with the requirements of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 422.

§ 423. Model Language.

In order to implement the requirements of §§ 421 and 422 of this Chapter, the Director shall provide to the Covered Employer:

  • (a) Model language that shall be included in the notice to prospective contractors and subcontractors, informing them of the requirements established by this Chapter; and

  • (b) Model language to be included in each contract and subcontract, imposing the requirements set out in this Chapter as terms of the contract.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 423.

§ 424. TERO Approval of Notices of Contracts and Contracts Awarded by Covered Employers.

Each Covered Employer, prior to issuing notice of a contract to prospective contractors or subcontractors and prior to awarding a contract or subcontract, shall submit the proposed notice, contract or subcontract to the Director for approval.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 424.

SUBCHAPTER 6

PROHIBITION OF EMPLOYMENT DISCRIMINATION


Section

425. Prohibited Discrimination.
426. Religious Accommodation.
427. Discrimination based on Disability.
428. Discrimination based on Pregnancy.
429. Harassment.
430. Retaliation.

§ 425. Prohibited Discrimination.

Except as necessary to comply with the Indian employment preferences in Subchapter 3 of this Chapter, it shall be unlawful for a Covered Employer to do any of the following acts wholly or partially based on the actual or perceived race, color, religion, national origin, sex, age, sexual orientation or political affiliation of any individual, unless such characteristic is a bona fide occupational qualification:

  • (a) fail or refuse to hire, or discharge, any individual, or otherwise discriminate against any individual, with respect to his or her compensation, terms and conditions, or privileges of employment, including promotion;

  • (b) discriminate in recruiting individuals for employment, or

  • (c) limit, segregate, or classify employees in any way that would tend to deprive them of employment opportunities.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 425.

§ 426. Religious Accommodation.

It shall be an unlawful discriminatory practice for a Covered Employer to refuse to make a reasonable accommodation for an employee's religious or spiritual observance, unless doing so would cause undue hardship to the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his or her religion, such as flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers if approved by the authorized supervisor in accordance with the Band’s Personnel Policy Manual. An accommodation would cause an employer undue hardship when it would require more than ordinary administrative costs, diminish efficiency in other jobs, infringe on other employees’ job rights or benefits, impair workplace safety, cause co-workers to carry the accommodated employee’s share of potentially hazardous or burdensome work, or conflict with another applicable law or regulation.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 426.

§ 427. Discrimination based on Disability.

  • (a) It shall be unlawful for a Covered Employer to discriminate in any aspect of employment against a qualified individual with a disability because of that disability. However, it is not unlawful for a Covered Employer to use employment qualification standards, tests or selection criteria that are job related and consistent with business necessity that make an individual with a disability ineligible for an employment position where the individual could not perform the job even with reasonable accommodation. Nothing in this section shall prohibit a Covered Employer from refusing to hire an individual with a disability for or from discharging such an individual from an employment position if the individual, because of the disability, is unable to perform the duties of the position, would perform the duties in a manner that would endanger the health and safety of the individual or others, or is unable to be at or go to or from the place at which the position is located.

  • (b) Subject to the provisions of paragraph (c) of this section, a reasonable accommodation for an individual’s disability may include but is not limited to making facilities readily accessible to and usable by disabled persons, job restructuring, modifying work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis.

  • (c) An accommodation is not required if it would impose an undue hardship on the employer’s operation. In determining whether an undue hardship exists, employers may consider:

    • (1) the overall size of the business or organization with respect to number of employees and the number and type of facilities;

    • (2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;

    • (3) the nature and cost of the accommodation;

    • (4) the reasonable ability to finance the accommodation at each site of business; and

    • (5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 427.

§ 428. Discrimination based on Pregnancy.

A Covered Employer shall treat women affected by pregnancy, childbirth, or related medical conditions the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected, but similar in their ability or inability to work. This requirement shall include, but is not limited to, the requirement that a Covered Employer must treat an employee temporarily unable to perform the functions of her job because of a pregnancy-related condition in the same manner as it treats other temporarily disabled employees.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 428.

§ 429. Harassment.

  • (a) It shall be unlawful employment discrimination for a Covered Employer to subject an employee or applicant to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, as well as unwelcome comments, jokes, acts, and other verbal or physical conduct related to race, color, national origin, religion, sex, age, sexual orientation or disability when:

    • (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

    • (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

    • (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

  • (b) A Covered Employer is responsible for acts of workplace harassment by its employees when the employer, its agents, or its supervisory employees knew of the conduct. A Covered Employer may rebut apparent liability for such acts by showing that it took immediate and appropriate corrective action upon learning of the harassment.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 429.

§ 430. Retaliation.

A Covered Employer may not retaliate against an individual for bringing a good-faith claim against the employer for a violation of this Chapter or because the individual opposed a practice he or she believed to violate this Chapter or participated in an enforcement proceeding pursuant to Subchapter 9 of this Chapter. The firing, demoting, harassing or taking of any other adverse action against an individual shall constitute retaliation within the meaning of this section. Any retaliation in violation of this section is itself a violation of this Chapter and is subject to enforcement proceedings pursuant to Subchapter 9 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 430.


SUBCHAPTER 7

EMPLOYEE WAGE AND HOUR


Section

431. Minimum Wage.
432. Prevailing Wage.
433. Maximum Hours.
434. Exemptions.
435. Private Right of Action.
436. Statute of Limitations.
437. Guidance.
438. Fringe Benefits.

§ 431. Minimum Wage.

Any employee who is employed by a Covered Employer shall be paid an hourly wage of not less than $7.50 per hour or the current United States Federal Government’s minimum wage requirement, whichever is higher.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 431.

§ 432. Prevailing Wage.

All Covered Employers are required to compensate construction laborers according to the prevailing wage set by the U.S. Department of Labor according to the Davis-Bacon Act for the county in which the work shall commence, unless the Board implements Band prevailing wage rates by rule, regulation or guideline, in which case the Band prevailing wage determination shall apply.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 432.

§ 433. Maximum Hours.

No Covered Employer shall employ any of its employees for a work week longer than forty (40) hours unless such employee receives compensation for the additional hours at a rate not less than one and one-half times the regular rate at which the employee is compensated.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 433.

§ 434. Exemptions.

The provisions of this Subchapter shall not apply with respect to any employee employed in a bona fide executive, administrative, or professional capacity, or any other exemption category in the Federal Fair Labor Standards Act (FLSA) of 1938, 29 U.S.C., § 213, including all future amendments thereto, or in regulations implementing that Act as promulgated by the U.S. Department of Labor.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 434.

§ 435. Private Right of Action.

Any individual aggrieved under this Subchapter may seek retroactive payment of unpaid minimum wages or unpaid overtime compensation against a Covered Employer pursuant to the enforcement provisions set out in Subchapter 9 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 435.

§ 436. Statute of Limitations.

Any action to secure unpaid wages or unpaid overtime compensation must be commenced within one (1) year after the date on which such wages or overtime compensation should have been included in an employee’s paycheck, regardless of the date of actual discovery.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 436.

§ 437. Guidance.

For the purposes of interpreting this Subchapter only, the Board and the Band’s Court of Central Jurisdiction may look to the Federal Fair Labor Standards Act (FLSA) of 1938, 29 U.S.C., §§ 201-219, its implementing regulations, and related case law for persuasive guidance, provided that nothing in this section shall be construed as an adoption by the Band of that Act or its implementing regulations.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 437.

§ 438. Fringe Benefits.

A Covered Employee must give an employee engaged in construction the option of electing to receive any amount to which he or she is entitled as prevailing wage fringe benefits as a part of his or her hourly pay unless it is determined that the application of this provision is specifically prohibited by Federal law. The prevailing wage fringe benefits to which the employee is entitled shall include, but not be limited to, the fringe benefit determination made by the U.S. Secretary of Labor pursuant to the Federal Davis Bacon Act or by the Board pursuant to this Chapter. Every Covered Employer engaged in projects subject to the Federal Davis-Bacon Act shall offer this option to each employee at the time he or she is first employed.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 438.

SUBCHAPTER 8

OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES


Section

439. Duties of Employers and Employees.
440. Adoption of Rules of Federal Occupational Safety and Health Administration.
441. Enforcement.

§ 439. Duties of Employers and Employees.

  • (a) Each Covered Employer shall:

    • (1) furnish employees with a place and condition of employment that is free from recognized hazards that may cause or are likely to cause death or serious physical harm to the employees; and

    • (2) comply with all occupational safety and health rules promulgated or adopted by the Band pursuant to this Subchapter.

  • (b) Each employee of a Covered Employer shall comply with all occupational safety and health rules promulgated or adopted pursuant to this Subchapter that are applicable to the actions and conduct of the employee.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 439.

§ 440. Adoption of Rules of Federal Occupational Safety and Health Administration.

The rules and regulations of the Federal Occupational Safety and Health Administration ("OSHA") of the U.S. Department of Labor, including all future rules or amendments to existing rules, promulgated pursuant to the authority granted to OSHA by the Occupational Safety and Health Act of 1975, (29 U.S.C., §§ 651-678) are hereby adopted by the Band and apply to all Covered Employers.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 440.

§ 441. Enforcement.

  • (a) The Director is authorized to enforce the rules adopted in § 440 of this Chapter pursuant to the enforcement provisions set out in Subchapter 9 of this Chapter, to the extent his or her authority has not been preempted by Federal law.

  • (b) For any employer over whom the Director’s authority to enforce the requirements of this Subchapter has been preempted by Federal law and for employers within the Reservation who are not subject to the jurisdiction of the Band, the Director shall work cooperatively with Federal and State officials responsible for enforcing occupational safety and health requirements applicable to such employers to ensure maximum enforcement.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 441.

SUBCHAPTER 9

ENFORCEMENT


Section

442. Applicability.
443. Investigations.
444. Complaints.
445. Complaints against the Band.
446. Resolution of Violations.
447. Hearing Procedures.
448. Sanctions.
449. Appeals.
450. Monitoring and Coordination with other Tribal, State and Federal Laws.

§ 442. Applicability.

The provisions set out in this Subchapter shall be used to enforce the requirements set out in this Chapter, unless a specific enforcement provision is contained in a particular Subchapter, in which case the latter provision shall take priority.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 442.

§ 443. Investigations.

(a) On his or her own initiative or on the basis of a complaint filed pursuant to § 444 or any other provision of this Chapter, the Director or any field compliance officer designated by the Director may make such public or private investigations within the Reservation as the Director deems necessary to:

(1) ensure compliance with a provision in this Chapter;

(2) determine whether any Covered Employer has violated any provision of this Chapter or its implementing regulations; or

(3) aid in prescribing rules, regulations or policies hereunder.

(b) Separate from acting on any complaint filed, the Director shall conduct regular compliance reviews to ensure that all Covered Employers are complying with the requirements of this Chapter.

(c) The Director or any field compliance officer designated by the Director may enter the place of business or employment of any Covered Employer for the purpose of an investigation or compliance review, at said place of business or employment, in a manner consistent with good safety practices and with the orderly operation of the business activity. The Director or officer may:

(1) interview any employee or agent of the Covered Employer;

(2) review and copy any documents; and

(3) carry out any other activity the TERO Director or officer deems necessary to accomplish the investigation or compliance review, provided that, the Director or officer shall comply with the requirements of paragraph (e) of this section when reviewing or copying any confidential documents.

(d) For the purpose of investigations, compliance reviews, or hearings, which, in the opinion of the Director or the TERO Commission, are necessary and proper for the enforcement of this Chapter, the Director or the chairperson of the TERO Commission may administer oaths or affirmations, subpoena witnesses, take evidence, and require the production of books, papers, contracts, agreements, or other documents, records or information that the Director or the TERO Commission deems relevant to the inquiry.

(e) Any State or Federal tax records, trade secrets, or privileged or confidential commercial, financial, or employment information subpoenaed or otherwise obtained pursuant to the provisions of this Chapter or used at a compliance hearing or subsequent appeal to the Band’s Court of Central Jurisdiction: (1) shall be regarded as confidential records of the TERO Commission or the Court; (2) shall not be opened to public inspection; (3) shall be used only by the Director, the TERO Commission, or parties to a compliance hearing or subsequent appeal to the court; and (4) shall be used in a manner that, to the maximum extent possible consistent with the requirement of fairness to the parties, protects the confidentiality of the documents.

(1) Any person, including but not limited to any employee or official of the Band, who willfully discloses such confidential records, except as expressly authorized by this Chapter or Court order, may be subject to a civil fine not to exceed $500.00.

(f) Documents obtained from a Covered Employer under this section shall be returned to the employer at the conclusion of any investigation, compliance review, or hearing, including the end of any available appeal period.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 443.

§ 444. Complaints.

Any individual, group of individuals, business or organization that believes any Covered Employer other than the Band, or the Director or other TERO staff, has violated any requirement imposed by this Chapter or any regulation issued pursuant to it, may file a complaint with the Director or, if the complaint is against the Director or other TERO staff, with the chairperson of the TERO Commission. The complaint shall be in writing and shall provide such information as is necessary to enable the Director or an independent party appointed by the TERO Commission to carry out an investigation. Within fifteen (15) days after receipt of the complaint, and on a regular basis thereafter, the Director or the independent party appointed by the TERO Commission shall provide the complaining party with a written report on the status of the complaint. The Director or the independent party appointed by the TERO Commission shall, within thirty (30) days of the date on which a complaint is filed, complete an investigation of the complaint. Upon request, the TERO Commission may grant the Director or the independent party appointed by the TERO Commission an extension of no more than thirty (30) days to complete the investigation. If upon investigation the Director or the independent party appointed by the TERO Commission has reason to believe a violation has occurred, he or she shall proceed pursuant to the provisions of this Chapter.

Historical and Statutory Notes

Source: Band Ordinance 15-14, Title III, Exhibit A, § 444.

§ 445. Complaints against the Band.

Any individual who believes the Band, including any office, division, branch, subsidiary entity or commercial enterprise of the Band other than the Director or other TERO staff, has violated any requirement imposed by this Chapter or any regulation issued pursuant to it may file a complaint with the Director, but only after the individual has either:

(a) Filed a complaint with, and exhausted the administrative remedies provided by the involved office, division, branch, subsidiary entity, or commercial enterprise of the Band, or

(b) Filed a complaint with the involved office, division, branch, subsidiary entity, or commercial enterprise of the Band and sixty (60) days have passed since filing and no meaningful action has been taken on the complaint by that office, division, subsidiary entity, or commercial enterprise.

Upon receiving a complaint that meets the requirements of this section, the Director shall proceed in the same manner as he would on a complaint filed pursuant to § 444 of this Chapter, except that the Director and the TERO Commission shall take into consideration any written decision concerning the complaint issued by the office, division, branch, subsidiary, entity or commercial enterprise of the Band that is the subject of the complaint.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 445.

§ 446. Resolution of Violations.

(a) If, after conducting an investigation or compliance review, the Director has reasonable cause to believe a violation of this Chapter or any regulation issued pursuant to it has occurred (including a failure by a party to comply with a subpoena or other request during an investigation), the Director shall notify the Covered Employer or Covered Entity in writing, delivered by registered mail, specifying the alleged violations.

(b) The Director shall make a good faith effort to achieve an informal settlement of the alleged violation by meeting with the Covered Employer and taking other appropriate action.

(c) If the Director is unable to achieve an informal settlement, he shall issue a formal notice of non-compliance, which shall advise the Covered Employer of its right to request a hearing. 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 Covered Employer with a reasonable time, which shall not be less than ten (10) days from the date of service of such notice, to comply. If the Director has reason to believe that irreparable harm will occur during that period, the Director may require that compliance occur in less than ten (10) days.

(d) If the Covered Employer disputes the violation, as provided for in the formal notice, the Covered Employer may request a hearing before the TERO Commission, which shall be held no sooner than five (5) days and no later than thirty (30) days after the date for compliance set forth in the formal notice. The Director or the Covered Employer may ask the TERO Commission to hold the hearing sooner. The TERO Commission shall grant such a request only upon a showing that an expedited hearing is necessary to avoid irreparable harm.

(e) If a Covered Employer fails or refuses to comply and does not request a hearing, the Director shall request the chairperson of the TERO Commission to convene a session of the TERO Commission for the purpose of imposing sanctions on the Covered Employer. This session shall take place as soon as necessary to avoid irreparable harm.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 446.

§ 447. Hearing Procedures.

(a) Any hearing held pursuant to this Chapter shall be conducted by the TERO Commission. The hearing shall be governed by rules of practice and procedure that are adopted by the TERO Commission. The Director and the Covered Employer shall have the right to call and cross examine witnesses, as well as present physical evidence. The TERO Commission may consider any evidence that it deems relevant to the hearing. The TERO Commission shall not be bound by technical rules of evidence in the conduct of hearings under this Chapter, and the presence of informality in any proceeding, as in the manner of taking testimony, shall not invalidate any order, decision, rule or regulation made, approved, or confirmed by the TERO Commission. The Director shall have the burden of proving that the Covered Employer violated this Chapter by a preponderance of the evidence. An audio recording shall be made of each hearing. No stenographic record of the proceedings and testimony shall be required except upon arrangement by, and at the cost of, the Covered Employer.

(b) The Director shall prosecute the alleged violation on behalf of the TERO. During the hearing and at all stages of the enforcement process provided for in this Chapter, the Director may be represented by the Band Solicitor General’s Office. If the Covered Employer is an office or subsidiary of the Band Government and the Band Solicitor General’s Office determines it would create a conflict to represent the Director, the Solicitor General may obtain outside legal counsel for the Director.

(c) The TERO Commission shall sit as an impartial judicial body. The TERO Commission shall establish procedures and safeguards to ensure that the rights of all parties are protected and that there is no improper contact or communication between the TERO Commission and the Director during the hearing phase of the enforcement process.

(d) If the TERO Commission requires legal assistance during the hearing process, or at any other phase of the enforcement process, and it would be a conflict of interest for the Band Solicitor General’s Office to provide such representation, the Solicitor General shall attempt to retain outside legal counsel.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 447.

§ 448. Sanctions.

(a) If, after a hearing, the TERO Commission determines that the alleged violation of this Chapter or a regulation issued pursuant to it has occurred, and that the party charged has no adequate defense in law or fact, or if a party was issued a formal notice of noncompliance and failed to request a hearing, the TERO Commission may:

(1) Deny such party the ability to commence business on lands owned by or for the benefit of the Band or its members on the Reservation (provided that the party is not an office, division, branch, subsidiary, entity or commercial enterprise of the Band);

(2) Suspend such party’s business activity on lands owned by or for the benefit of the Band or its members on the Reservation (provided that the party is not an office, division, branch, subsidiary, entity or commercial enterprise of the Band);

(3) Terminate such party’s business activity on lands owned by or for the benefit of the Band or its members on the Reservation (provided that the party is not an office, division, branch, subsidiary, entity or commercial enterprise of the Band);

(4) Deny the ability of such party to conduct any further business with the Band or on lands owned by or on behalf of the Band or its members on the Reservation (provided that the party is not an office, division, branch, subsidiary, entity or commercial enterprise of the Band);

(5) Impose a civil fine of up to $500.00 per violation per day following the date for compliance;

(6) Order such party to make payment of back pay or other damages to any aggrieved party;

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

(8) Reimburse any party who improperly paid a TERO fee or overpaid said fee, but no interest shall be paid in such cases; and/or

(9) 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 the laws of the Band and the Indian Civil Rights Act, 25 U.S.C., § 1301, et seq.

(b) The TERO Commission’s decision shall be in writing and shall be served on the charged party by registered mail or in person by an employee of the TERO no later than thirty (30) days after the close of the hearing. The decision shall contain findings of fact sufficient to support the TERO Commission’s ordered relief, or lack thereof. Upon a showing by the Director or the charged party that further delay will cause irreparable harm, the TERO Commission shall issue its decision within ten (10) days after the close of the hearing. If the party fails to comply with the TERO Commission’s decision within ten (10) days, the Director may file for an injunction in the Band’s Court of Central Jurisdiction. The Court shall grant such injunctive relief as is necessary to prevent irreparable harm pending an appeal or expiration of the time for the party to file an appeal.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 448.

§ 449. Appeals.

(a) An appeal to the Band’s Court of Central Jurisdiction may be taken from any formal order of the TERO Commission by any party adversely affected thereby, including a complainant. To take such an appeal, a party must file a notice of appeal in the Band’s Court of Central Jurisdiction and serve a copy of the notice of appeal on the Director and any other party to the proceeding no later than twenty (20) days after the party receives a copy of the TERO Commission’s decision.

(b) The notice of appeal shall:

(1) Set forth the order from which the appeal is taken;

(2) Specify the grounds upon which reversal or modification of the order is sought;

(3) Be signed by the appellant or his legal representative; and

(4) Comply with any other requirements for actions filed in the Band’s Court of Central Jurisdiction, as established by that court.

(c) Except as provided elsewhere in this Chapter, the order of the TERO Commission shall be stayed pending the determination of the Court. The Director may petition and, for good cause shown, the Court may order the party filing the appeal to post a bond sufficient to cover the monetary damages that the TERO Commission assessed against the party or to assure the party’s compliance with other sanctions or remedial actions imposed by the TERO Commission’s order in the event that order is upheld by the Court.

(d) The Court shall review the decision of the TERO Commission de novo.

(e) If a party has failed to come into compliance with (1) a decision of the TERO Commission from which no appeal has been taken, or (2) a decision of the Court, within 20 days after receipt of notice of such decision, the Director shall petition the Court and the Court shall grant such orders as are necessary and appropriate to enforce the orders of the TERO Commission or Court.

(f) If the order of the TERO Commission is reversed or modified, the Court shall specifically direct the TERO Commission as to further action the TERO Commission shall take in the matter, including making and entering any order or orders in connection therewith, and the limitations, or conditions to be contained therein.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 449.

§ 450. Monitoring.

If, when carrying out inspections at work sites or otherwise carrying out their responsibilities under this Chapter, the Director or TERO compliance officers have reason to believe that a requirement of a Tribal, Federal, state or local law, act or regulation, other than the ones included in this Chapter, may have been violated by a party, the Director and TERO compliance officers are authorized to document such possible violation(s), to report said violation(s) to the appropriate enforcement agency, and, to the extent that resources permit and the Director determines it to be appropriate, assist that agency in its attempt to investigate and cure the possible violation.

Historical and Statutory Notes

Source:
Band Ordinance 15-14, Title III, Exhibit A, § 550.


CHAPTER 6

MINIMUM WAGE


Section

501. Payment of Minimum Wages.
502. Gratuities Not Applies.
503. Sharing of Gratuities.
504. Unreimbursed Expenses Deducted.
505. Expense Reimbursement.
506. Overtime.
507. Work Breaks.
508. Meal Breaks.
509. Authorized Leave.
510. Application.

Constitution and Band Statutes 28