Chapter 3.24 TRIBAL EMPLOYMENT RIGHTS ORDINANCE

The right to tax business activities on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries is an important resource of the Puyallup Indian Nation.

Federal legislation enables the Puyallup Tribal Council to pass laws to implement and enforce this right for the welfare of the members of the Puyallup Tribe of Indians and other Indians.

Puyallup Tribal members and other Indians are entitled to the protection of the unique and special employment rights enacted by the federal government. Tribal government can and should participate in the enforcement of those laws. The Puyallup Tribe believes it important to establish an employment rights program and office to use these laws to increase employment of Puyallup Tribal members and other Indian workers and to eradicate discrimination against all Indians. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.110]

3.24.015 Exemption.

Marine View Ventures, Inc., its agents, contractors, lessees and assigns shall be exempted from application of this chapter for leases, activities and operations occurring on the Tribal lands managed by MVV where the rents and other development costs for any such project equal or exceed $50,000,000; provided, however, that this exemption shall only apply to work under any contract that was signed and approved on or before May 15, 2017. [Res. 160517K (05/16/17); Res. 240108D (01/24/08)]

Subchapter 2. Definitions

3.24.020 Definitions generally.

Words of this chapter shall have the meaning given them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, it shall be construed in harmony with the purposes of this title.

(a) “Commission” means the Puyallup Tribal Employment Rights Commission established by this chapter.

(b) “Covered employer” means any employer hiring two or more employees who during any 20-day period perform 16 or more hours working within the exterior boundaries of the Puyallup Reservation on Tribally owned trust lands.

(d) “Employee” means any person employed for remuneration.

(e) “Employer” means any person or entity that hires two or more employees.

(f) “Entity” means any person, partnership, corporation, joint venture, association, government, governmental enterprise or any other natural or artificial person. The term “entity” is intended to be as broad and encompassing as possible to ensure the coverage of this chapter over all employment and contract activities within the Tribe’s jurisdiction and the term shall be so interpreted by the Commission and Courts.

(g) “Government commercial enterprise” means any activity by the Puyallup Tribe or other governments, local, state, or federal, that is not a traditional function of government as defined by the United States Internal Revenue Service.

(h) “Indian” means any member of a federally recognized tribe.

(i) “Local Indian” means any member of a federally recognized tribe who resides within the exterior boundaries of the Puyallup Indian Reservation.

(j) “TERO” means the Puyallup Tribal Employment Rights Office. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.200]

Subchapter 3. Indian Preference

3.24.030 Indian preference in employment.

All covered employers, for all employment on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries, shall give preference to qualified Indians, with the first preference to local Indians, in all hiring, promotion, training, lay-offs, and all other aspects of employment. Such employers shall comply with the rules, regulations, guidelines and orders of the Puyallup Tribal Employment Rights Commission which sets forth the specific obligations of employers in regard to Indian preference and local Indian preference. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.310]

3.24.040 Application of Indian preference requirements.

These requirements shall not apply to any direct employment by the Puyallup Indian Tribe, the federal, state, or other governments or their subdivisions. It shall apply to all the contractors or grantees of such governments and to all commercial enterprises operated by such governments. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.320]

3.24.050 Indian preference in contracting.

All entities awarding contracts or subcontracts for supplies, services, labor, or materials in the amount of $20,000 or more where the majority of the work on the contract or subcontract will occur on Tribal and trust lands within the exterior boundaries of the Puyallup Indian Reservation and on Tribally owned lands outside those boundaries shall give preference in contracting and subcontracting to qualified entities that are certified by the Commission as 51 percent or more Indian-owned and controlled, with a first preference to qualified entities that are 51 percent or more owned and controlled by local Indians. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.330]

3.24.060 Application of Indian preference in contracting.

These requirements shall not apply to the award of contracts awarded directly by the Tribal Council of the Puyallup Tribe of Indians, by the federal or state government or their subdivisions. These requirements shall apply to any contract awarded by any commercial enterprise of the Puyallup Tribe of Indians, even if said contracts must be submitted to the Tribal Council of the Puyallup Tribe of Indians for approval. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.340]

3.24.070 Tribal programs or divisions.

Tribal programs or divisions other than commercial enterprises shall not be required to comply with this chapter but shall, when submitting a contract to the Tribal Council for approval, indicate as part of the submission to the Council the steps taken to award the contract to a local Indian contractor. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.350]

3.24.080 Subcontracts included.

This chapter shall apply to all subcontracts awarded by a Tribal, federal, or state direct contractor or grantee, whether or not the prime contract was subject to this chapter. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.360]

3.24.090 All covered entities to comply.

All covered entities shall comply with the rules, regulations, guidelines and orders of the Commission which set forth the specific obligations of such entities in regard to Indian preference in contracting and subcontracting. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.370]

3.24.100 System for certifying firms for Indian preference.

The Commission shall establish a system for certifying firms as Indian preference and local Indian preference eligible. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.380]

3.24.110 Unions.

Any covered employer who has a collective bargaining agreement with one or more unions shall obtain written agreement from such union(s) stating that the union shall comply with Indian preference laws, and with the rules, regulations and guidelines of the Puyallup Tribe of Indians. Such agreement shall be subject to the approval of the Director of the TERO. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.390]

Subchapter 4. Tribal Employment Rights Commission

3.24.120 Tribal Employment Rights Commission.

There is created a Puyallup Tribal Employment Rights Commission. The Commission shall be composed in the following manner: The Puyallup Tribal Council shall select from its general membership seven Tribal members to serve on the TERO Commission.

These Commissioners shall be entitled to reimbursement for services in the form of Committee stipends. Members shall serve until replaced. When a vacancy occurs, the remaining Commissioners may exercise all of the powers of the Commission until a vacancy is filled. [Res. 061195B (11/06/95); Res. 011292b (12/01/92); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.410]

3.24.130 Quorum.

A majority of the Commission shall constitute a quorum to transact business. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.420]

3.24.140 Recusal of Commission members.

No member of the Commission shall participate in any action or decision by the Commission directly involving himself or herself, or a member of his or her immediate family, or any person, business or other entity of which he or she or a member of his or her immediate family is an employee, or in which he or she or a member of his or her immediate family has a substantial ownership interest, or with which he or she or a member of his or her immediate family has a substantial contractual relationship. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.430]

3.24.150 Definition of immediate family.

For the purposes of this subchapter, “immediate family” means, including by adoption, brother, sister, son, daughter, mother, father, husband, wife, step-brother, step-sister, half-brother, and half-sister. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.440]

3.24.160 Commissioner participation.

Nothing in this subchapter shall preclude a Commissioner from participating in any action or decision by the Commission which:

(a) Generally affects a class of persons, regardless of whether the Commissioner or a member of his or her immediate family is a member of that class;

(b) Affects the Puyallup Tribe of Indians or a Tribal enterprise, regardless of whether the Commissioner is a member of the Tribe. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.450]

3.24.170 Voluntary recusal.

A Commissioner may voluntarily recuse himself or herself and decline to participate in any action or decision by the Commission when the Commissioner, in his or her discretion, believes:

(a) That he or she cannot act fairly or without bias; or

(b) That there would be an appearance that he or she could not act fairly or without bias. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.460]

Subchapter 5. Powers of the Commission

3.24.180 Powers of the Commission.

The Commission shall have full power, jurisdiction, and authority to:

(a) Formulate, adopt, amend and rescind rules, regulations and guidelines necessary to carry out the provisions and intent of this chapter. Unless there are exigent circumstances, the Commission shall provide Tribal members a reasonable time for comment before promulgating any regulation.

(b) Require each covered employer or entity to submit to the Commission an acceptable compliance plan indicating how it will comply with this chapter. Such compliance plans shall be submitted before a covered employer or entity may commence work on trust lands within the exterior boundaries of the Puyallup Indian Reservation.

(c) Impose numerical hiring goals and timetables that specify the minimum number of Indians a covered employer or entity must hire, by craft or skill level.

(d) Require covered employers to establish or participate in such training programs as the Commission determines necessary in order to increase the pool of qualified Indians on the Puyallup Indian Reservation as quickly as possible.

(e) Establish in conjunction with Tribal employment and training programs a Tribal hiring hall or skills bank and impose a requirement that no covered employer may hire a non-Indian until the Tribal hiring hall or bank has certified that no qualified Indian is available to fill the vacancy, with a first preference in referral to local Indians.

(f) Prohibit covered employers from using qualification criteria or other requirements that serve as barriers to Indian employment unless the employer can demonstrate that such criteria or requirements are required by business necessity. In developing regulations to implement this subsection, the Commission shall adopt the EEOC guidelines to the extent they are appropriate. The Commission shall have the right to impose its own requirements in addition to or in lieu of EEOC guidelines when necessary to address unique qualification problems confronting Indians.

(g) To enter into agreements with unions to ensure union compliance with this chapter. Such agreements shall in no way constitute recognition or endorsement of any union.

(h) Impose contract and subcontract preference requirements, with a first preference to local Indian firms as eligible for Indian preference and local Indian preference.

(i) Conduct hearings in accordance with such rules of practice and procedure as may be adopted by the Commission, and to order any relief or sanctions provided by this chapter, and to petition the Tribal Court for orders as are necessary and appropriate to enforce decisions of the Commission or Director and any sanctions imposed by them.

(j) The Commission shall delegate to the Director the authority to carry out the day-to-day operations of the Commission and such other authority as is convenient or necessary to the efficient administration of this chapter, except that the Commission shall not delegate its authority to adopt, amend or rescind rules, regulations or guidelines or to conduct hearings or to impose sanctions.

(k) The Commission acting through the Director is authorized to enter into cooperative relationships with federal employment rights agencies, such as EEOC and OFCCP, in order to eliminate discrimination against Indians on and off the Puyallup Indian Reservation and to enter into cooperative relationships with federal agencies, such as the BIA or IHS, in order to implement any federal Indian preference employment or contracting requirements, as such agency may lawfully delegate to the Puyallup Tribe. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.510]

Subchapter 6. TERO Director

3.24.190 TERO Director.

The Commission shall have exclusive authority to appoint, direct, suspend or remove the Director. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.610]

3.24.200 Authority of Director.

The Director shall have authority to hire staff, to expend funds appropriated by the Tribal Council, and to obtain and expend funding from federal, state or other sources to carry out the purposes of this chapter. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.620]

3.24.210 Duties of the Director.

The Director shall administer the policies, authorities and duties prescribed for him in this chapter and delegated to him by the Commission. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.630]

Subchapter 7. Employment Rights Fee

3.24.220 Employment rights fee.

An employment rights fee to raise revenue for Tribal operations and the operation of the Commission is imposed as follows:

(a) Every covered employer or entity with a construction contract in the sum of $20,000 or more shall pay a fee of two and one-half percent of the total amount of the contract. Such fee shall be paid by the employer or entity prior to commencing work within the jurisdiction of the Puyallup Tribe. Where good cause is shown, the Director may authorize a construction contractor to pay the fee in installments over the course of the contract. This fee shall not apply to contracts awarded directly to the Puyallup Tribal Council using Tribal funds exclusively to pay the contract costs; provided, that in the event a portion of the contract is payable using non-Tribal funds then the fee may be imposed only upon the amount of non-Tribal funds expended.

(b) Every covered employer or entity other than construction contractors working within the jurisdiction of the Puyallup Tribe, or with gross sales within the jurisdiction of the Puyallup Tribe of more than $20,000, shall pay a quarterly fee of two and one-half percent of his employees’ quarterly payroll which shall be paid within 30 days of the end of the quarter. This fee shall not apply to education, health, governmental, or nonprofit employers. [Res. 140607G (06/14/07); Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.710]

3.24.230 Fee collected by Tribal Accounting Office.

The fee shall be collected by the Tribal Accounting Office. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.720]

Subchapter 8. Complaints and Their Investigation

3.24.240 Complaints.

Any individual, group of individuals or organization that believes any covered employer or entity, the Director or the Commission has violated any requirements imposed by this chapter or regulations issued pursuant to it may file a complaint with the Director. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.810]

3.24.250 Contents of complaint.

The complaint shall be in writing and shall contain such information as is necessary to enable the Director to carry out an investigation. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.820]

3.24.260 Investigation timeline.

The Director shall complete the investigation within 30 days of the date on which a complaint is filed unless an extension has been granted by the Commission. Such extension shall not exceed 30 days. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.830]

3.24.270 Duties of the Director.

3.24.280 Investigations.

On his own initiative or pursuant to a complaint, the Director or his agent shall make such public or private investigation within the jurisdiction of the Puyallup Tribe of Indians as he or the Commission deems necessary to determine whether any covered employer or entity has violated any provision of this chapter or rule or order hereunder, or to aid in prescribing rules, regulations and guidelines hereunder. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.850]

3.24.290 Authority to enter.

The Director or his agent may enter during business hours the place of business or employment of any employer for the purpose of such investigations. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.860]

3.24.300 Trade secrets or confidential information.

When requesting any reports or other information from a covered employer, the Director shall request that the covered employer identify all material which contains trade secrets or privileged or confidential commercial, financial or employment information. Any material so identified shall be kept confidential by the Director or other interested party, the Commission determines that the material does not contain confidential information, the release of which would cause unnecessary or excessive business or financial injury or would invade individual privacy. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.870]

3.24.310 Restriction of access to certain information.

Any state or federal tax records, trade secrets, or privileged or confidential commercial, financial or employment information subpoenaed pursuant to this chapter or used in a compliance hearing or subsequent appeal to the Tribal Court shall be confidential records of the Commission or the Tribal Court, and shall not be opened to public inspection and the Tribal Court. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.880]

3.24.320 Investigative powers.

For the purpose of investigations or hearings, which, in the opinion of the Director or the Commission, are necessary and proper for the enforcement of this chapter, a Commissioner, the Director or his agent so designated may administer oaths or affirmations, subpoena witnesses, take evidence, and require, by subpoena, the production of books, papers, contracts, agreements or other documents, records or information which the Director or the Commission deems relevant or material to the inquiry. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.890]

Subchapter 9. Enforcement

3.24.330 Monitoring compliance.

The Director or his agent may require the covered employer or entity to submit such reports as deemed necessary to monitor compliance with the requirements of this chapter or any rule or order hereunder. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.910]

3.24.340 Notice of violation.

When the Director has grounds to believe a violation of this chapter or the regulations issued pursuant to it has occurred, he shall notify the covered employer or entity in writing, specifying the alleged violations. The director may withhold the name(s) of the complaining party if there is reason to believe that such party will be subject to retaliation. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.920]

3.24.350 Informal settlement.

The Director shall seek to achieve an informal settlement of the alleged violation. If he is unable to accomplish this, he shall issue a formal notice of noncompliance, which shall also advise the covered employer or entity of the right to request a hearing. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.930]

3.24.360 Notice of violation to include.

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 employer or entity with a reasonable time, which in no event shall be less than five days from the date of receipt of such notice, to comply, unless the Director has reason to believe irreparable harm will occur during that period, in which case the Director may require compliance to occur within five days. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.940]

3.24.370 Request for hearing.

The party may request a hearing before the Commission which shall be held no sooner than five days and no later than 30 days after the date for compliance set forth in the Director’s notification to the party charged of a violation, unless an expedited hearing is deemed necessary by the Commission to avoid irreparable harm. If a party fails or refuses to comply and does not request a hearing, the Commission may proceed pursuant to PTC 3.24.400. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.950]

3.24.380 Bond may be required.

If the party requests a hearing and the Director has good cause to believe that there is a danger that the party remove itself or its property for the jurisdiction of the Tribe prior to the hearing, he may, in his discretion, require the party to post a bond with the Commission in an amount sufficient to cover possible monetary damages that may be assessed against the party at the hearing. If the party fails or refuses to post said bond, the Commission may also petition the Puyallup Tribal Court for such interim and injunctive relief as is appropriate to protect the rights of the Commission and other parties during the pendency of the complaint and hearing proceedings. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.960]

3.24.390 Conduct of hearing.

All hearings held pursuant to PTC 3.24.370 shall be conducted by the Commission. The Commission may consider any evidence which it deems relevant and the conduct of the hearing shall be governed by the rules of practice and procedure which may be adopted by the Commission. The Commission shall not be bound by technical rules of evidence in the conduct of hearings under this chapter and no informality in any proceeding, as in the manner of taking testimony, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the decision, rule or regulation made, approved or confirmed by the Commission. No stenographic record of the proceedings and testimony shall be required except upon arrangement by and at the cost of the party charged. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.970]

3.24.400 Remedies when violation has occurred.

If, after the hearing, the Commission determines that a violation occurred and that the party charged has no adequate defense in law or fact, or if no hearing is requested, the Commission may:

(a) Deny such party the right to do business on the Puyallup Indian Reservation;

(b) Suspend such party’s operation within the Puyallup Indian Reservation;

(d) Deny the right of such party to conduct any further business within the Puyallup Indian Reservation;

(e) Impose a civil fine on such party in an amount not to exceed $500.00 per day for each violation;

(f) Order such party to make payment of back pay to any aggrieved Indian;

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

(h) 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 25 U.S.C. 1301 et seq. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.980]

3.24.410 Decision of the Commission.

The Commission’s decision shall be in writing and shall be served on the charged party by registered mail or in person no later than 30 days after the close of the hearing. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.990]

3.24.420 Injunctive relief.

Where the party’s failure to comply immediately with the Commission’s order may cause irreparable harm, the Commission may move the Tribal Court for, and the Tribal Court shall grant, such injunctive relief as necessary to preserve the rights of the beneficiaries of this chapter, pending the party’s appeal or expiration of the time for appeal. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.995]

Subchapter 10. Appeal

3.24.430 Appeal.

An appeal to the Tribal Court may be taken from any final order of the Commission by any party adversely affected thereby. The appeal shall be filed with the Court no later than 30 days after a final order is entered. The Tribal Court shall affirm the decision of the Commission unless it is determined that the final order or decision is arbitrary, capricious or in excess of the authority of the Commission. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1010]

3.24.440 Notice of appeal.

The appeal shall be taken by serving a written notice of appeal with the Tribal Court, with a copy to the Director within 30 days after the date of the entry of the order. The notice of appeal shall:

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

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

3.24.450 Automatic stay.

Except as otherwise provided herein, the order of the Commission shall be automatically stayed pending the determination of the Tribal Court. The Director, however, may petition and the Court, for good cause shown, may order the party requesting the hearing to post a bond sufficient to cover monetary damages that the Commission assessed against the party or to assure the party’s compliance with other sanctions or remedial actions imposed by the Commission’s order if that order is upheld by the Court. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1030]

3.24.460 Reversal or modification of Commission’s order.

If the order of the Commission is reversed or modified, the Court shall specifically direct the Commission regarding further action in the matter, including making and entering any order or orders in connection therewith, and the limitations or conditions to be contained therein. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1040]

3.24.470 Order affirmed or no appeal taken.

If the Commission’s order is affirmed on appeal, or if no appeal is sought within 30 days from the date of the Commission’s order, the Commission shall petition the Court and the Court shall grant such orders as are necessary to enforce and appropriate to enforce the orders of the Commission and the sanctions imposed by it. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1050]

Subchapter 11. Enforcement

3.24.480 Emergency relief.

If, at any stage in the enforcement process, the Commission has reason to believe there is a danger that a party will remove itself or its property from the jurisdiction of the Tribal Court, such that the Commission or the Court will not be able to collect monetary damages or TERO fees that are owed by that party pursuant to any outstanding order of the Commission or Court, or which may be owed if the charges set out in any outstanding notice of violations are upheld, the Commission may petition the Tribal Court pursuant to the rules and procedures of that Court to attach and hold sufficient property of the party to secure compliance or for such other relief as is necessary and appropriate to protect the rights of the Commission and other affected parties. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1110]

3.24.490 Enforcement of order.

If, 30 days after a decision by the Commission, no appeal has been filed, or, 30 days after a decision by the Court on an appeal from a decision by the Commission, a party has failed to pay monetary damages imposed on it or otherwise complied with an order of the Commission or the Court, the Commission may petition the Court to order the Tribal Police to confiscate and hold for sale such property of the party as is necessary to ensure payment of said monetary damages or to otherwise achieve compliance. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1120]

3.24.500 Petition for confiscation.

The petition shall be accompanied by a list of property belonging to the party which the Commission has reason to believe is within the jurisdiction of the Tribal Court, the value of which approximates the amount of monetary damages at issue. If the Court finds the petition to be valid, it shall order the Tribal Police to confiscate and hold said property or as much is available. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1130]

3.24.510 Notice of confiscation.

The Tribal Police shall deliver in person or by certified mail a notice to the party informing it of the confiscation and of its right to redeem said property by coming into compliance with the order outstanding against it. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1140]

3.24.520 Sale of confiscated property.

If 30 days after confiscation the party has not come into compliance, the Court shall order the Police to sell said property and use the proceeds to pay any outstanding monetary damages imposed by the Commission and all costs incurred by the Court and Police in the confiscation and sale. Any proceeds remaining shall be returned to the party. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1150]

Subchapter 12. Fair Labor Standards Act

3.24.530 Fair Labor Standards Act incorporated herein.

The provisions of the Federal Fair Labor Standards Act, as amended now or in the future, regarding minimum wages (including Davis-Bacon minimum wages), overtime, fringe benefits, and time for payment of wages, are adopted by reference in and by this chapter. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1210]

3.24.540 Enforcement.

The Commission shall have the authority to monitor and enforce those requirements, pursuant to the monitoring and enforcement authorities provided generally to the Commission by this chapter; provided, that this section shall apply only to those employers who are otherwise covered by the federal law. No employer who is not presently subject to the federal laws or subsequently made subject by amendments or Court decision shall be covered by this section. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1220]

3.24.550 Purpose of subchapter.

The purpose of this subchapter is to give the Commission parallel authority to monitor and enforce the fair labor requirements against those already covered by federal law, not to expand such requirements against those already covered by federal law and not to expand such requirements to employers not already covered. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1230]

3.24.560 Credit for penalties paid to federal government.

In imposing backpay awards, penalties and interest sanctions under this chapter, the Commission shall credit an employer with any backpay, interest, and penalties paid pursuant to an order of settlement entered into with the federal government for the same violation. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1240]

Subchapter 13. Police Authorization

3.24.570 Police authorization.

The Puyallup Tribal Police are expressly authorized and directed to enforce such cease and desist or related orders as may from time to time be properly issued by the Commission and the Director. Such orders do not require a judicial decree or order to render them enforceable. A removal order, however, shall not be enforced unless it is accompanied by a judicial decree of the Tribal Court. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1310]

3.24.580 Police not civilly liable.

The Police shall not be civilly liable for enforcing orders signed by the Director and the Commission. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1320]

Subchapter 14. Miscellaneous

3.24.590 Severability.

If any provision of this chapter or the application of it to any person, entity or circumstance is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, sections, and subsections herein are declared to be severable. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1410]

3.24.600 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council which are inconsistent with this chapter are hereby repealed. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1420]

3.24.610 Effective date.

This chapter shall become effective on the twelfth day of July, 1991. [Ord. 150791 (07/15/91); Res. 86619 (07/12/91); prior code § 10.03.1430]