Tribe Exempts School District From Employment Rights Fees Ordinance Aimed At Giving Preference To Indian Workers

The Nez Perce Tribe has amended its Tribal Employment Rights Ordinance to exempt public schools within the Nez Perce Reservation from Tribal Employment Rights Ordinance fees.

The exemption depends on a compliance agreement being reached between the tribe and the school district.

In a letter to the Kamiah School District, Nez Perce Tribal Executive Committee Chairman Samuel N. Penney said “TERO is an important concept for us.”

“It is a statistical fact that without it or some mechanism like it, Indian workers and contractors are not hired.

“At the same time, we recognize the concerns that the Kamiah School District has raised about minimizing costs for school building construction especially when construction is funded by local bond issues.”

The tribe and school district have been locked in debate over whether the district erred by not abiding by Tribal Employment Rights Ordinance requirements in the construction of its new $2.5 million middle school.

The district claims it is exempt from Tribal Employment Rights Ordinance requirements and has an unofficial Idaho attorney general’s opinion backing it up. District officials also say the bond passed by Kamiah school patrons in 1995 to build the school would not have been approved if the Tribal Employment Rights Ordinance fee had been added to the cost.

The tribe has said subcontractors in the project are not exempt from Tribal Employment Rights Ordinance requirements and has complained that the school district neglected to bring the tribe early on into discussions about plans for the new building.

Penney’s letter states that schools would be exempt from the Tribal Employment Rights Ordinance fee of 1.5 percent on any construction project over $15,000 and that the exemption is conditional upon the school or district negotiating a compliance agreement with the tribe’s Employment and Training Office.