Tribal Council sends proposed amendments to TERO Ordinance out for first reading

By Danielle Harrison

Smoke Signals editor

Tribal Council approved a first reading of proposed changes to the Tribal Employment Rights Ordinance at its three-hour Wednesday, Aug. 9, meeting.

The three proposed amendments would affect seven executive positions within Tribal government and Spirit Mountain Casino, including the general manager position, which is currently vacant.

Specifically, the amendments would change the definition of executive-level employee from those who are direct reports to Tribal Council to include those who are direct reports to the Tribal Gaming Commission.

The second amendment would remove executive-level employees from the standard minimum preference that is applied in the TERO Ordinance and modify it to a “tiebreaker preference,” meaning if there are equally qualified Tribal member and external candidates, the Tribal member would be hired. The third amendment would remove executive-level applicants from TERO director qualification assessments review.

Several Tribal members and employees spoke against the proposed changes during the Tuesday, Aug. 8, Legislative Action Committee meeting, including TERO Commission member Brian Krehbiel, former Tribal Council member Jack Giffen Jr., Tribal member Matt Haller, Tribal 477/Employment & Training Specialist Rhonda Leno and TERO Compliance Officer Duke Kimsey.

“After fighting for TERO for many, many years, and seeing how our Tribal members were swept under the rug, how will these amendments promote Tribal members into executive-level positions,” Giffen said. “I look here and see almost everyone in this room and the folks on Tribal Council who were given an opportunity by the Tribe to succeed. … By taking TERO out of this, you’re eliminating an opportunity for a Tribal member to be in a good position. For me, this is going backward.”

Tribal Council member Kathleen George said that the proposed changes would allow council to more carefully screen applicants for the highest level positions within Tribal government.

“These are the very highest responsibility positions,” she said. “If things were to go wrong, these positions would have the highest potential levels of risk to the Tribe and our assets if things went badly. In recruiting the next Tribal general manager, Tribal Council wants to see and potentially interview all applicants who meet the qualifications, but we were told we cannot do that under the current TERO Ordinance, and that these amendments would be necessary for Tribal Council to see all candidates who met qualifications.”

George added that council spoke with the TERO Commission, which didn’t think the amendments were needed, but that legal staff told them it was necessary.

During the Wednesday, Aug. 9, Tribal Council meeting, more than two hours were dedicated to hearing Tribal members speak in opposition to the proposed amendments. Most speakers expressed their dislike for weakening of Tribal preference in the hiring process.

As a first reading, Tribal members will have 30 days to comment on the ordinance before council makes a final decision.

Tribal Attorney Rob Greene said that those who spoke during the Tribal Council meeting would have their testimony automatically incorporated into the comments for Tribal Council to review following the 30-day period.

In other action, Tribal Council:

• Set a per capita date of Friday, Sept. 8, and directed Finance Officer Chris Leno to make the payments;
• Approved four credits cards for $2,500 each for different members of the Emergency Services Department;
• Approved applying for the 2023-25 Oregon Department of Justice Victims of Crime Act grant for $225,000, which will provide services for both female and male survivors of domestic violence;
• And enrolled three infants into the Tribe because they meet the enrollment requirements stated in the Tribal Constitution and Enrollment Ordinance.

During the announcements portion of the meeting, Tribal Council member Lisa Leno said that an event will be held Tuesday, Aug. 29, to welcome the Canoe Family home and to also celebrate the Tribe’s approved memorandum of agreement with the state of Oregon about expanding hunting and fishing rights for Tribal members.

To watch the entire meeting, visit the Tribal government’s website at www.grandronde.org and click on the Government tab and then Videos.