The Tunica-Biloxi Tribal Council is nearing completion of a tribal employment rights ordinance. Work on the document began over two years ago, and was postponed periodically from time to time as other issues became the focus of the Council's attention. Tribal attorney Jane Long was recently instructed to submit the latest version to the Council for review and action.

Long drafted the document whose purpose is "to establish as law the policy of the Tribe to give preference in employment and contracting to enrolled members of the Tunica-Biloxi Tribe, spouses and dependents of such Tribal members, for the purpose of (i) alleviating the effects of past discrimination against Tunica-Biloxi Indians and (ii) to lay the foundation for economic prosperity for the Tribe and Tribal Members; and (iii) to strengthen Tribal sovereignty through the exercise of the Tribe's inherent right to enact its own laws, particularly those regulating commercial and economic activity."

While the document is meant to protect the opportunity of employment for tribal members, spouses, and their tribal dependents, it does not guarantee employment or the awarding of contracts.

This law seeks to ensure that "preference-eligible individuals and preference-eligible business entities meeting the requisite qualifications are given the first opportunity to receive the benefits of employment or income from contracts."

The Title will "provide a uniform method by which special consideration is given to preference-eligible individuals and entities... However, entitlement to a preference under this Title does not guaranty... employment, nor does it provide... immunity from lay-off or termination. Furthermore, in the case of preference-eligible individuals or business entities, this Title does not guaranty contract awards."

This employment rights ordinance will protect the members' opportunity to apply for employment or service contracts. They shall be considered before others, obligating the Tribe and its subordinate entities, business and governmental, to consider members and spouses first and foremost.

However, it also protects the Tribal government's and business entities' rights to choose individuals or businesses who are qualified and capable of performing the services or providing the products that meet and/or exceed the needs of the Tribe and its subordinate divisions.

The law calls for the designation of a tribal agency that will oversee the enforcement of the Title and spells out the agency's obligations in oversight.

Tribal members or tribal member owned businesses will need to apply to be certified as a 'preference-eligible' individual/entity. Thereafter, they might apply for employment or propose to provide a service, but they must possess or meet the 'requisite qualifications.' They must be able to perform the duties/service. The law "shall not be applied to interfere with or supplant the discretion or business judgment of an employer or contractor [the Tribe or subordinate tribal division]..."

The goal is to achieve a balance between providing opportunity to qualified individuals/businesses and protecting the Tribe's economic interests. While preference eligible individuals and entities must meet the requisite qualifications, they must also offer commercially reasonable pricing.

The laworiginally included a scale of percentage discounts to be applied to preference individual/business proposals in the process of soliciting competitive bids for work and services. It will only include a 5% allowance until the newly appointed Agency can review such a scale and make recommendations to the Tribal Council.

The law currently deals with the awarding of professional services contracts based on the following criteria: (1) the qualifications necessary for satisfactory performance of the required services; (2) with the specialized experience and technical competence in the type of work required; (3) Capacity to accomplish the work in the required time; (4) past performance on contracts with the Tribe, other Indian tribes, federal and state governmental entities in terms of cost control, quality of work and compliance with performance schedules; (5) Acceptability under other appropriate evaluation criteria established by the entity awarding the contract.

The Council continues to work on revisions of the document and anticipates adoption sometime within the first quarter of 2007.

--B.W. Lintinger