5.30.040 Ongoing TERO compliance – Filling available positions.
Once work has commenced under a valid TERO permit and if a position becomes available, a contractor shall not hire a non-Indian unless the contractor makes reasonable efforts to hire a qualified Indian for that position.
(a) TERO Card Hiring. A contractor may hire immediately a Tribal member who presents the contractor with a valid TERO card. The contractor shall notify TERO that a Tribal member has been hired for the available position within two days of hiring and shall submit to TERO a copy of the TERO card.
(b) Reasonable Efforts to Hire Qualified Indian. A contractor is presumed to have made reasonable efforts if all of the following conditions are satisfied:
(1) The contractor notifies TERO in writing of the available position;
(2) The contractor requests a list from TERO of qualified Indians for that classification;
(3) The contractor is unable to identify a qualified Indian available for the position and:
(A) The contractor submits documents to TERO showing reasonable efforts to identify and contact qualified Indians for that classification, which may include call logs, job fair notices, public notices in local newspapers and Tribal offices, online job postings, and evidence that TERO failed to respond to the list request within five business days or two business days for a construction contract; or
(B) TERO certifies in writing that no qualified Indian is available to fill that position;
(4) If no qualified Indian is available for the position, the contractor notifies TERO in writing of the non-Indian replacement and deviation from the Indian preference plan.
(c) Ensuring Reasonable Efforts. The TERO Officer maintains discretion to seek additional documentation of reasonable efforts by a contractor, and to order an employee removed if a contractor does not substantially comply with this section.
(d) Emergency Waiver. The TERO Officer may waive or modify the requirements of subsection (b) of this section for a position if there is clear indication that:
(1) The process would impose an unreasonable burden on a contractor for a project; or
(2) Time is of the essence in completing the work and it is unreasonable to request full compliance. [Ord. 58 § 4504, amended, 5/9/2019; Ord. 34 § 4504, adopted, 2/6/2014.]