The Tribal Council has identified that employment opportunities
offered by the Tribe are for the benefit of tribal citizens, their
families and other Native Americans who meet the minimum required
qualifications for employment positions. To the greatest extent possible,
all hiring and promotions within the Tribe shall include preference
criteria which create employment opportunities and paths for promotions
and learning to increase management opportunities for qualified applicants
and/or qualified employees who are tribal citizens, parents or spouses
of tribal citizens, and other Native Americans. The employment preferences
required by this chapter shall not be construed to afford employees
any preference in the administration of disciplinary procedures, performance
evaluations or to prohibit supervisors from providing appropriate
direction and/or coaching to employees regarding the performance of
tasks within the scope of the employee's position.
Except as provided in § 5.1-7D, the following order of preferences shall be applied by the Human Resource Department when making employment decisions.
A.
This chapter sets forth the Tribe's policy and requirements
for the application of preference in hiring, promotions and training
throughout the Tribe. The application of this chapter shall be mandatory
for the Tribe and its subdivisions and may be utilized by businesses
located on or near the Tribe's Reservation as authorized under
42 U.S.C. § 2000e.
B.
The Human Resource Department shall require applicants for employment
or promotion to provide documentation sufficient to verify that the
applicant is an enrolled citizen, parent, spouse or Native American
entitled to Indian preference under this chapter.
C.
Except for the preference stated in §§ 5.1-5 and 5.1-6, employment, promotion and training opportunities within the Tribe and its subdivisions and instrumentalities shall be offered to qualified persons without regard to race, religion, color, ancestry, gender; sexual orientation, age or national origin.
D.
Pursuant to Section 101(K) of the Native American Housing Assistance
and Self-Determination Act (NAHASDA) Reauthorization of 2008, the
preferences granted under this chapter shall, with respect to any
employment or training opportunities provided or created in the course
of the Tribe's administration of NAHASDA grants, only extend
to enrolled citizens of the Nottawaseppi Huron Band of the Potawatomi
and other Indians as defined by 24 CFR 1000.48.
All job descriptions for employment positions with the Tribe
shall contain separate sections for minimum required qualifications
and general or preferred qualifications.
A.
Minimum required qualifications are those which are necessary to
the position as basic qualifications, for example: specific skills,
degrees, gaming license, professional licensing or driver's license.
B.
General or preferred qualifications are those which are beneficial
to the employment position but can be obtained either on-the-job or
within a reasonable period after employment as identified by the Human
Resource Director or supervisor. A reasonable time period shall be
defined by the Human Resource Director or supervisor prior to posting
the job description.
