[Adopted 10-21-1982 by Ord. No. 82-10; amended in its entirety 11-5-2015 by Ord. No. 15-27]
This article shall be titled "Employment Preference."
As used in this article, the following terms shall have the
meanings indicated:
ADEQUATE PROOF OF ELIGIBILITY
In addition to required identification:
A.
For an enrolled member of the Menominee Indian Tribe, a tax
exempt identification card issued to the applicant by the Menominee
Indian Tribe of Wisconsin containing an enrollment number, or a certificate
of enrollment issued to applicant by the Menominee Indian Tribe of
Wisconsin's Enrollment Department. If a card is unavailable,
Menominee tribal enrollment of the applicant will be verified by the
Human Resources Department.
B.
For a first or second generation descendant of the Menominee
Indian Tribe, a certificate issued by the Menominee Indian Tribe of
Wisconsin's Enrollment Department certifying status as a first
or second generation descendant.
C.
For a legally married spouse of an enrolled member, a certified
copy of a marriage license and adequate proof of eligibility as an
enrolled member of the Menominee Indian Tribe of the spouse listed
on said marriage license.
D.
For a legally adopted child of an enrolled member, adequate
proof of enrollment of at least one of the parents listed on the birth
certificate. Enrollment will be verified by the Human Resources Department.
E.
For an Indian enrolled in another tribe, a tax exempt identification
card issued to applicant by a federally recognized Indian Tribe containing
an enrollment number or a certificate of enrollment issued to the
applicant by a federally recognized Indian tribe's enrollment
department.
F.
For a veteran, a copy of the discharge records.
BUSINESS DAY
Any day other than Saturdays and Sundays for all employers
and for each particular employer, any day recognized by that employer
as a holiday.
EMPLOYEE
Any person who performs work for an employer for monetary
compensation who is not an independent contractor.
EMPLOYMENT
Work performed by an employee for an employer subject to
the following exceptions:
A.
Elected tribal officials;
C.
Any work with an employer where such position is restricted
to enrolled members of the Menominee Indian Tribe;
D.
Seasonal/limited term/student employee as defined within an
employer's personnel policies; or
E.
Highly specialized professional positions as classified by Human
Resources Department.
HUMAN RESOURCES DEPARTMENT AND/OR HR DEPARTMENT
For the Menominee Indian Tribe of Wisconsin as an employer,
its Human Resources Department. Said terms mean for all other employers
covered by this article, the human resources department of said employer
or any other person or department of such other employer as designated
by the governing board of such employer.
MOST QUALIFIED
The applicant who received/receives the highest combined
average score in the selection process and is the person who shall
be selected for the position. This is conditional on the applicant
passing a background check and in current compliance with any other
conditions listed in the job description.
QUALIFIED
The applicant meets the requirements for a position as they
are written and posted in the job description.
SEASONAL/LIMITED TERM/STUDENT EMPLOYEE
A tribal government employee whose employment is not to exceed
20 weeks, and is hired to temporarily supplement the work force or
to assist in the completion of a specific project. Seasonal/limited
term/student employees are in no way guaranteed permanent employment.
Seasonal/limited term/student employees are not eligible for transfer
or promotion. Chartered entities and tribally owned businesses shall
by policy determine the definition of seasonal, limited term, or student
employee, provided the employment of these positions do not exceed
48 weeks.
The following requirements apply to all employers:
A. All employment positions, with the exception of vacancies filled by promotion prior to posting, transfer, or layoff recalls pursuant to the applicable employer's personnel policies and procedures, shall be posted a minimum of five business days for the first posting. During the first posting, any enrolled member of the Menominee Indian Tribe who is eligible to apply pursuant to all other applicable requirements and is listed on the tribal roll can apply for the position. The position may go to a second posting or a reposting if the applicants do not meet the minimum requirements for the position. The second posting and reposting process is open to the general public and current employees of the employer. Employers listed in §
170-3A(2) through
(7) may modify the provisions for length of posting and reposting of this section so long as the minimum amount of time for posting and reposting is three business days.
B. All employment postings shall be posted in accordance with Chapter
177, Posting Procedures, of this Code, on the employer's website, if the site exists and has provision for posting a position, and by any other means such as newspapers, other websites, etc., as determined necessary by the employer. Each individual employer shall be responsible for posting pursuant to this article.
C. The posted positions shall clearly state the minimum requirements
and what other desirable qualifications, if any, there are for the
position. All postings shall state, if applicable, what equivalent
amount and type of experience, education, and knowledge may qualify
an applicant if he or she does not yet meet the specific education
requirements.
D. All positions of employment shall have one of the following as a minimum requirement: high school diploma; general education diploma; high school equivalency diploma; or current enrollment in high school, unless such requirement is waived pursuant to Subsection
E below.
E. The employer may waive the minimum requirements of Subsection
D above if the only education requirement is a high school diploma; general education diploma; high school equivalency diploma and the employer, in writing, believes that waiving the requirement is in the best interest of the employer.
F. It shall be prohibited to use job qualifications or personnel requirements
that are not necessary to adequately perform the position or would
not directly enhance the position and act as barriers to tribal preference.
G. Individuals with a criminal history of crimes of violence, sexual
assault, molestation, exploitation, contact or prostitution, crimes
related to controlled substances, or crimes against persons or property
may be disqualified for employment if such criminal history is prohibited
by or directly related to the position.
H. When screening and selecting applicants for interview, the Human
Resources Department must interview all enrolled Menominee applicants
who are eligible to apply pursuant to all other applicable requirements,
who are listed on the tribal roll, and are initially determined to
be minimally qualified. However, nothing in this section limits the
ability of the interview team to determine after the interview that
a Menominee applicant is not qualified based upon the job posting
requirements.
I. To assist in the screening process, all applicants are required to
fully complete, provide all requested additional documentation on
the application, and sign the application. The applicant is also required
to provide, at the time of submitting an application, all other documentation
as required by the job posting. Failure to provide all required information
and documentation will result in the applicant not being selected
for interview.
J. The HR Department shall develop a standardized process which each
member of the screening team shall fill out to indicate the reasons
an applicant was not selected for interview. Individuals screened
out by this process shall be given access to the screening results.
Any enrolled Menominee applicant who has been denied employment
in violation of this article shall have such denial administratively
reviewed pursuant to the guidelines below. The applicant is only entitled
to have the denial administratively reviewed if the enrolled Menominee
applicant received an interview for the position and the individual
hired was not an enrolled Menominee.
A. The appeal must be filed, in writing, and delivered to the HR Department
within five working days of notification that the job applicant was
not selected for the desired employment position, or notification
that the person hired for the desired employment position was not
an enrolled Menominee, whichever occurs first.
B. The HR Director/Manager shall review the appeal and may order a reinterview
of all applicants if he or she finds that material errors were committed
in the interview process and those errors materially affected the
employment opportunity of the appellant. Material error means that
the applicant was not assessed proper points for enrollment status.
C. If the HR Director/Manager finds that no material errors were committed and does not order a reinterview of the applicants, the Department shall refer the written appeal along with all relevant documents relied upon in the selection process to the Chapter
170 Review Board. Within five working days, the HR Department shall provide:
(1) A written response prepared by the HR Department to the allegations
of the applicant as to why there were will be no reinterview;
(3) Application, resume and cover letter;
(6) All correspondence with the applicants;
(7) Statements of interviewers regarding the hiring decision; and
(8) Any other relevant documents.
D. The Chapter
170 Review Board for the Menominee Indian Tribe of Wisconsin shall consist of five members pursuant to the following guidelines:
(1) One of the selected members must be a member of the Tribal Legislature
who will serve as the Chairperson of the Board. The remaining four
members must be current employees of the Menominee tribal government
when appointed, enrolled members of the Menominee Indian Tribe of
Wisconsin and listed in the Constructive Dispute Resolution pool.
(2) The term of the Tribal Legislator will only extend as long as his/her
current term with the Tribal Legislature.
(3) Board members may be removed and replaced by other eligible persons
when the Chairperson determines such action is in the best interests
of the MITW, including but not limited to failure to perform duties
under this article, dishonesty, fraud, and termination of employment
with MITW.
(4) Board members shall receive monetary payment in accordance with policy.
(5) The Board shall establish procedures consistent with the duties and
responsibilities under this article for the orderly conduct of hearings.
E. The Chapter
170 Review Board for all employers subject to this article, other than the Menominee tribal government, shall be appointed by that employer's governing board. Each employer shall create procedures governing the appointment, term and removal of the members of such Chapter
170 Review Board, and shall establish procedures consistent with the duties and responsibilities under this article for the orderly conduct of the hearings.
F. The Chapter
170 Review Board shall review, within 20 days, the appeal and written materials provided by the HR Department and determine whether the selection process was followed as described herein:
(1) The Chapter
170 Review Board review shall be limited to reviewing the written appeal submitted by the appellant and documents submitted by the HR Department, e.g., the documents relied upon in making the selection decision.
(2) The Chapter
170 Review Board shall conduct a paper review of the selection process; no testimony or oral arguments will be taken. However, the appellant shall be afforded the opportunity to make a five-minute statement before the Chapter
170 Review Board summarizing his or her complaint and the relief he or she seeks, if requested by the appellant. Any interview team member, successful candidate, and the HR Department may also make a five-minute statement before the Chapter
170 Review Board regarding their position, if they so request.
(3) The Chapter
170 Review Board review shall be limited to the following issues:
(a)
Were the applicants assessed the appropriate points for their
membership status?
(b)
Was the position properly posted, were applicants prescreened
and interviewed as required by this article?
(c)
Did the hired individual meet the minimum posted standards?
(d)
Did the individual with the highest combined average score receive
the position?
(e)
Was the awarding of points and/or the hiring decision arbitrary
and capricious?
(f)
Was there anything in the background check or reference check
that affected the selection process?
(4) All hearings and discussion of the Chapter
170 Review Board shall be conducted in closed session.
(5) The Chapter
170 Review Board may, if necessary, request written clarifications of either the appellant or the HR Department to any of the issues relevant to the above section.
(6) Upon conclusion of the review, the Chapter
170 Review Board shall make a clear and objective written decision, including a detailed findings of fact and conclusions of law in support of its decision using a standardized document. The decision of the Chapter
170 Review Board shall be to either uphold the selection decision or remand the matter back to the HR Department and order that a reinterview by a new interview team take place consistent with its findings. The HR Department or other agents of the Menominee Indian Tribe of Wisconsin shall not be liable for back pay, attorney fees or other costs to an applicant who successfully appealed his or her nonhire.
(7) The Chapter
170 Review Board shall not have the power to discipline, hire or fire any party.
(8) The sole authority of the Chapter
170 Review Board is to ensure that the selection process is conducted in accordance with this article. Serious, habitual and intentional violations of this article by Menominee tribal government employees may be referred to the Tribal Chairperson for resolution or for employees of other employers to that employer's governing board.
(9) The Chapter
170 Review Board shall not discuss the complaint amongst one another or with anyone else outside of the Board hearing, except as needed to request information from a party or the HR Department or to seek the assistance of the Legal Services Department.
Employers shall indemnify and hold harmless their respective employees of the HR Department, attorneys, the members of the Chapter
170 Review Board, and other agents or employees of the employer who perform their good faith duties pursuant to this article. Additionally, the abovementioned individuals shall be immune from suit in their individual capacities while performing their good faith duties pursuant to this article.
[Adopted 8-21-2014 by Ord. No. 14-15]
This article shall be titled "Personnel Policies and Procedures."
Under Chapter
1, General Provisions, of the Code of the Menominee Indian Tribe of Wisconsin, §
1-15, Ordinances saved from repeal, Ordinance No. 83-6 and any amendments thereto were saved from repeal upon the effective codification date of February 9, 2012.
This article shall be applicable to all employees of the tribal
government of the Menominee Indian Tribe of Wisconsin.