Resolution No. 031-20 — Employee Preference Policy
WHEREAS, The Stockbridge-Munsee Community is a federally recognized Indian tribe with inherent sovereign powers and is governed by the Stockbridge-Munsee Tribal Council pursuant to the 1937 Constitution, as amended;
WHEREAS, The Stockbridge-Munsee Tribal Council has the authority under its Constitution and its inherent rights as a sovereign nation to adopt and amend ordinances;
WHEREAS, The Tribal Council has adopted an Employee Preference Policy Ordinance, Chapter 54, to maximize employment opportunities and benefits to the tribal community;
WHEREAS, While federal law permits tribal member preference, federal law also requires the Tribe to provide preference to other Indians for federally funded positions; and
WHEREAS, The Tribe wishes to amend Chapter 54 in order to identify the order of preference that applies when there is federal funding and make other updates and clarifications to the ordinance.
NOW THEREFORE BE IT RESOLVED, that the Stockbridge-Munsee adopts the following amendments to Chapter 54:
- Numbered the previously unnumbered Purpose section as 54.05. Amended 54.05 to update purpose language in (A), add footnote referencing federal law, and add new (B) on Authority.
- Amended 54.1 (B) to delete reference to Mohican Housing Authority since it is now a division of the Tribe.
- Amended 54.1 (C) and (D) and 54.2 (A) to clarify that preference applies when meet minimum qualifications.
- Amended 54.1 (E), (F), and (G) to correct Tribe's name.
- Added new 54.1 (I), (J), and (K) to add definitions for Tribe, Other Indians, and Federal Funding.
- Reorganized 54.2 (A) to have subsections.
- Amended 54.3 to add new (A); renumber prior (A) as subsection (B) and create an exception for federally funded positions; and to add new (C) for the order of preference for federally funded positions.
- Amended 54.5 (A) and (B) to clarify intent and integrate the Comment, which was deleted.
- Amended remedies under 54.8 (B) to be internally consistent that preference applies in relation to hiring and layoffs.