Resolution No. SI-R17-003: Personnel Policy Manual Clarification Act
At a duly called meeting of the Council of San Ildefonso Pueblo on the 3rd day of March, 2017, the following Resolution was adopted:
WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and
WHEREAS, the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and
WHEREAS, prior to the adoption of the Governing Agreement in December 2011, the Tribal Council approved a Personnel Policy Manual governing the employment rights and practices for employees of the Pueblo; and,
WHEREAS, in March 2012, after the adoption of the Governing Agreement, the Council reaffirmed its approval of the Personnel Policy Manual for the Pueblo by enacting Resolution No. SI-R12-015; and,
WHEREAS, in July 2016, the Governor unilaterally amended the Personnel Policy Manual by issuing a memo announcing that the Personnel Policy Manual "…has been amended…" by altering Section 411 to decrease the number of days employees may take administrative leave, and by altering the process for obtaining administrative leave; and,
WHEREAS, on February 3, 2017, the Governor issued an "Executive Order" declaring the Personnel Policy Manual enacted by the Council "null and void" and attempting to unilaterally adopt a new "Personnel Policy Manual 2017 Edition;" and,
WHEREAS, on February 27, 2017, the Governor issues a memo rescinding the "Executive Order" leaving the original Personnel Policy Manual in place.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "PERSONNEL POLICY MANUAL CLARIFICATION ACT."
PERSONNEL MANUAL CLARIFICATION ACT
Section 1.1. Short Title
This enactment shall be known as, "PERSONNEL POLICY MANUAL CLARIFICATION ACT" ("Act").
Section 1.2. Purpose
The purpose of this Act is to reaffirm the Personnel Policy Manual as originally approved by the Council as the law of the Pueblo and to clarify that the Council, not the Governor, is vested with the authority, under the Governing Agreement, to enact and amend the laws of the Pueblo.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) Prior to the adoption of the Governing Agreement in December 2011, the Tribal Council approved a Personnel Policy Manual governing the employment rights and practices for employees of the Pueblo; and,
(b) In March 2012, after the adoption of the Governing Agreement, the Council reaffirmed its approval of the Personnel Policy Manual for the Pueblo by enacting Resolution No. SI-R12-015; and,
(c) In July 2016, the Governor unilaterally amended the Personnel Policy Manual by issuing a memo announcing that the Personnel Policy Manual "…has been amended…" by altering Section 411 to decrease the number of days employees may take administrative leave, and by altering the process for obtaining administrative leave.
(d) On February 3, 2017, the Governor issued an "Executive Order" declaring the Personnel Policy Manual enacted by the Council "null and void" and attempting to unilaterally adopt a new "Personnel Policy Manual 2017 Edition."
(e) On February 27, 2017, the Governor issues a memo rescinding the "Executive Order" leaving the original Personnel Policy Manual in place.
(f) It is in the best interest of the Pueblo and its employees to reaffirm and clarify that the Council, not the Governor, is vested with the power to enact and modify the laws of the Pueblo including the Personnel Policy Manual.
Section 1.4. Reaffirmation of the Personnel Policy Manual as Pueblo Law
(a) Pursuant to the Agreement, THE GOVERNMENT – Section 5, the Council is vested with the authority to enact laws for the Pueblo, and the Council has
previously reaffirmed the enactment of the Personnel Policy Manual as the law of the Pueblo when it passed Resolution No. SI-R12-015.
(b) The Council again reaffirms its enactment of the Personnel Policy Manual as the law of the Pueblo, and clarifies that the Council, not the Governor, is vested with the authority to modify the Personnel Policy Manual.
(c) The Governor is prohibited from modifying or amending the Personnel Policy Manual by memo, Executive Order, or otherwise.
(d) The unilateral changes to Section 411 of the Personnel Policy Manual allegedly made by the Governor pursuant to his memo dated July 7, 2016, and the new "Personnel Policy Manual 2017 Edition" allegedly approved by the Governor by Executive Order, are hereby repealed, the Governor's decision to rescind the "2017 Edition" of the Personnel Policy Manual is hereby acknowledged, and the original Personnel Policy Manual including the original Section 411 as approved and reaffirmed by the Council shall remain in full force and effect.
(e) The Council invites the Governor to offer and propose suggested amendments to the Personnel Policy Manual at any time for consideration by the Council.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on March 3, 2017, at a meeting with a vote of 8 in favor, 1 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Lt. Governor Moquino/CR Irene Tse-Pe
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thomas Gonzales | X | |||
| Darryl Martinez | X | |||
| M. Wayne Martinez | X | |||
| Perry Martinez | X | |||
| Tim Martinez | X | |||
| Chris Moquino | X | |||
| Donald Pena | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R17-003 was presented to the Governor of the Pueblo de San Ildefonso on the 3rd day of March, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this __________ day of _______________________, 2017.
James R. Mountain, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2017.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thomas Gonzales | ||||
| Darryl Martinez | ||||
| M. Wayne Martinez | ||||
| Perry Martinez | ||||
| Tim Martinez | ||||
| Chris Moquino | ||||
| Donald Pena | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
PERSONNEL MANUAL CLARIFICATION ACT
Section 1.1. Short Title
This enactment shall be known as, "PERSONNEL POLICY MANUAL CLARIFICATION ACT" ("Act").
Section 1.2. Purpose
The purpose of this Act is to reaffirm the Personnel Policy Manual as originally approved by the Council as the law of the Pueblo and to clarify that the Council, not the Governor, is vested with the authority, under the Governing Agreement, to enact and amend the laws of the Pueblo.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) Prior to the adoption of the Governing Agreement in December 2011, the Tribal Council approved a Personnel Policy Manual governing the employment rights and practices for employees of the Pueblo; and,
(b) In March 2012, after the adoption of the Governing Agreement, the Council reaffirmed its approval of the Personnel Policy Manual for the Pueblo by enacting Resolution No. SI-R12-015; and,
(c) In July 2016, the Governor unilaterally amended the Personnel Policy Manual by issuing a memo announcing that the Personnel Policy Manual "…has been amended…" by altering Section 411 to decrease the number of days employees may take administrative leave, and by altering the process for obtaining administrative leave.
(d) On February 3, 2017, the Governor issued an "Executive Order" declaring the Personnel Policy Manual enacted by the Council "null and void" and attempting to unilaterally adopt a new "Personnel Policy Manual 2017 Edition."
(e) On February 27, 2017, the Governor issues a memo rescinding the "Executive Order" leaving the original Personnel Policy Manual in place.
(f) It is in the best interest of the Pueblo and its employees to reaffirm and clarify that the Council, not the Governor, is vested with the power to enact and modify the laws of the Pueblo including the Personnel Policy Manual.
Section 1.4. Reaffirmation of the Personnel Policy Manual as Pueblo Law
(a) Pursuant to the Agreement, THE GOVERNMENT – Section 5, the Council is vested with the authority to enact laws for the Pueblo, and the Council has
previously reaffirmed the enactment of the Personnel Policy Manual as the law of the Pueblo when it passed Resolution No. SI-R12-015.
(b) The Council again reaffirms its enactment of the Personnel Policy Manual as the law of the Pueblo, and clarifies that the Council, not the Governor, is vested with the authority to modify the Personnel Policy Manual.
(c) The Governor is prohibited from modifying or amending the Personnel Policy Manual by memo, Executive Order, or otherwise.
(d) The unilateral changes to Section 411 of the Personnel Policy Manual allegedly made by the Governor pursuant to his memo dated July 7, 2016, and the new "Personnel Policy Manual 2017 Edition" allegedly approved by the Governor by Executive Order, are hereby repealed, the Governor's decision to rescind the "2017 Edition" of the Personnel Policy Manual is hereby acknowledged, and the original Personnel Policy Manual including the original Section 411 as approved and reaffirmed by the Council shall remain in full force and effect.
(e) The Council invites the Governor to offer and propose suggested amendments to the Personnel Policy Manual at any time for consideration by the Council.
