and are bona fide occupational qualifications for employment as listed in the Dictionary of
Occupational Titles established by the Commission, or unless they are unemployable for other valid
reasons.
a) Employers who employ more than two employees may designate key personnel who are
regular, permanent employees in a supervisory or other key position. Only the first and
thereafter every seventh employee may be employed as key personnel and core crew by an
employer.
b) At no time shall core crew and/or key personnel displace Indian Preference Employee(s)
and/or potential Indian Preference Employee(s) by performing work outside their normal
classification.
4.7
TRIBAL HIRING HALL
The Commission will cause to be established and administer a Tribal Hiring Hall to assist the
Commission and employers in placing Indians in job positions. An employer may recruit and hire
workers from whatever process he chooses, as long as he complies with this Ordinance, and the
Federal Equal opportunity Act, in hiring practices, Indian job preference regulations and agreements
pertaining to his operation.
4.8
COUNSEILNG AND SUPPORT PROGRAMS
The Commission shall cause to be established counseling and other support programs to assist
Indians to obtain and retain employment:
a) Every employer shall be required to cooperate with the Commission or the Director
regarding such counseling and support programs.
b) Every employer must provide opportunity to any employee to enter any such program for
counseling prior to termination unless the employee was terminated for good cause a
defined herein.
c) The Commission is authorized to develop a Local Indian Business Support Program to
promote, facilitate and encourage the success of local Indian owned Businesses. It is
authorized to develop and set criteria allowing for the reimbursement of certain
administrative fees to said businesses with contracts of $200,000 or less. The Commission
shall develop and adhere to specific standards providing for equal treatment of those
seeking such reimbursements.
4.9
LAYOFFS AND/OR TERMINATIONS
a) In making any layoffs and reductions in force, all employers shall maintain required ratios of
Indian Preference Employees. Furthermore, no Employer shall terminate or layoff any Indian
Preference person who is employed pursuant to this Ordinance without good cause for such
termination. Good cause for termination shall be defined as: “Failure to adequately perform
the job, failure to follow orders, any illegal or fraudulent act pertaining to employment or
any act which puts the employer or other employees in an unsafe position in the course of
employment.”
b) The employer in determining layoffs shall apply the layoffs in a reasonable and fair fashion.
Furthermore layoffs should only occur when there is not adequate work to keep all
employees on the job or when the employer has a cash flow shortage necessitating
reduction in the work force.
4.10
PROMOTION
Every employer shall in accordance with required ratios give Indians preferential consideration for all
promotion opportunities
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Revised Spokane Law & Order Code, 5/14/2013