Legals
BIDS
Rosebud Sioux Tribe
Ambulance Service
P.O. Box 200
Rosebud, SD. 57570
Fax:605-747-4792
Rosebud Sioux Tribe RFP 09-023 Subject: Bid # The Rosebud Sioux Tribe Ambulance Service will be accepting sealed bids for a period of ten(10) days for the purchase of two(2) Type 2 ambulances. Sealed bids should be submitted with a sealed envelope clearly marked Subject: Bid #09-023 on front of the envelope. Failure to mark envelope will result in a no-bid and will be mailed back to sender. Rosebud Sioux Tribe will not accept bids by email, fax, or telephone. Sealed bids will be accepted until 3/31/09, 5:00 P.M. CDT. All bids will be publicly opened on April 01, 2009 at 2:00 P.M. CDT at the R.S.T. Administration Building in the Treasurer's office. Sealed bids should be mailed to the following addresses: Rosebud Sioux Tribe Treasurer's Office, Attn: Louis Wayne Boyd, R.S.T. Treasurer, P.O. Box 430, 11 Legion avenue, Rosebud, SD 57570 Contact person: C. Steve Brave, Director, R.S.T. Ambulance Service, 605-747-2633, Monday through Friday, 8:00 A.M.-5:00 P.M. The Rosebud Sioux Tribe reserves the right to reject any or all bids, waive informalities, or accept any bid or combination thereof which appears to serve the best interest of the tribe. Award of the project will be subject to the Rosebud Sioux Tribe Business regulatory requirements. All bidders show documentation providing or supporting that you are not suspended or debarred from the federal government.
RST Motor Fuel
Tax/Sand & Gravel Wayne Boyd, RST Treasurer, PO
Box 430, 11 Legion Avenue,
Rosebud, SD 57570.
Notice of bid For Front End Loader- Bid #09-025 The office of the RST Motor Fuel Tax/Sand & Gravel will be accepting bids for a front end loader. All bids will be closing 3/30/09 at 5:00 P.M. CDT. All bids will be opened on 3/31/09 at 10:00 A.M. CDT at the RST Treasurer's office located at the Tribal Administration Building in Rosebud, SD 57570. Please submit bids to Wayne Boyd, RST Treasurer, PO Box 430, 11 Legion Avenue, Rosebud, SD 57570. Envelopes must be marked #09-025 Front End Loader. No email, fax, and/or telephone bids will be accepted. Failure to submit bid before closing date will result in a no bid and will be returned. Any questions, you can direct to Robert Long, Administrator, RST Motor Fuel Tax/Sand & Gravel at (605)441-9258. The Rosebud Sioux Tribe has the right to reject any and all bids. All bidders must provide documentation certifying they are not suspended or debarred from the federal government.
ORDINANCE
ROSEBUD SIOUX TRIBE
ORDINANCE NO. 2009-01
Grievance Board
Section 1. Preamble
The Grievance Board members shall uphold the Rosebud Sioux Tribe Constitution and Bylaws with respect and integrity for the rights of the Rosebud Sioux Tribal employees.
Section 2. Statement of Purpose
The Grievance Board is created to uphold in an unbiased manner all Rosebud Sioux Tribal employee's Due Process Rights. Due Process is a principal that a person has a right to receive notice and be heard in an orderly proceeding to protect his/her employment rights.
Section 3. Authority
The Rosebud Sioux Tribe Constitution and Bylaws through authorizing Resolution 2009-25.
Section 4. Grievance Board
Upon appointment to the Grievance Board the members will work cooperatively and collaboratively with the Personnel Office regarding Rosebud Sioux Tribe employee grievances.
The Grievance Board shall make determinations on employee grievances not resolved at lower levels. In order to receive a hearing all parties must follow all grievance procedures prior to the granting of a hearing.
The Board shall consist of five (5) members that shall be appointed by Tribal Council. Each Board member shall have one (1) vote with the exception of the Grievance Board Chairperson who shall only vote in case of a tie. No more than one (1) member shall be appointed from any one community and no employee of the Tribe or Tribal Council shall be eligible for appointment with the exception of Tribal chartered entities that are governed by their own personnel policies and procedure.
Terms of the members of the Board shall he three (3) years, staggered.
The Board shall at its first regularly scheduled meeting of each calendar year, select a chairperson to serve one year and appoint a secretary from the board membership for the duration of his/her term.
1.The chairperson will
a. preside at all meetings and hearings;
b. receive and coordinate all meetings and hearings;
c. receive and coordinate all notices, requests for hearings, and grievances;
d. conduct and delegate all official business of the Board; and
e. The chairperson will have the authority to appoint a Grievance Board member to preside over Board meetings, hearing and other business in her/his absence.
2.The Secretary will
a. maintain a record of all meetings and hearing minutes;
b. assist with coordinating all meetings and hearings;
c. assist and coordinate all notices, requests for hearings, and grievances; and
d. assist with all official business documents and correspondence of the Board.
The Board shall meet at least once a month at the discretion of the Chairperson of the Grievance Board. In case of any scheduled hearings, a special meeting shall be called, in preparation for the hearing, by the Board chairperson allowing time for notification to all members. Three (3) members shall constitute a quorum for official business.
A member missing four meetings or failure to fulfill their duties shall be subject to removal upon recommendation to the Tribal Council by consensus from the Grievance Board. Vacancies on the Board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
All action of the Board shall have the concurrence of the majority present. Any and all actions of the Grievance Board shall be kept on file in the Tribal Personnel Office.
Section 5. Code of Ethics
A code of Ethics is hereby established for the members of the Grievance Board:
1.Members shall complete attendance and participation in all duly called regular or special meetings and hearings;
2.Members shall exercise authority only when in session with the Board and when delegated by the Board to represent it;
3.Members shall have respect for all persons who file an aggrieved matter with the Board and shall respect the confidentiality of any grievance session or executive session; 4.Members shall disqualify him/herself from any decision or voting on any grievance issue directly related to their immediate family (spouse, parents, grandparents, brothers, sisters or in-laws as mentioned in the above including common-law relationships and Hunka relatives);
5.Members shall render decisions based on documented facts presented before or during a hearing in good faith and in accordance with the Grievance Board Ordinance and the Personnel Policies and Procedures and shall abide by the decision of the majority board members;
6.Members must reject, and report to the board, any ex parte communication or other inappropriate attempt to influence the Board's decision, Failure to do so may result in removal from the Grievance Board.
Section 6. General
A permanent RST employee who is aggrieved by any action which relates to working conditions; working relationships; tribal employee policies, rules or regulations; and/or any disciplinary actions (such as reprimands, suspensions and terminations etc.) which cannot be resolved through the procedural process may file for a grievance hearing. The request for a hearing must be filed with the Personnel Director/Human Resource Director only after all proceeding steps have been completed and all attempts to resolve at the lowest possible level have been made.
In order to properly file for a grievance hearing the applicant must do as follows:
a.File a Notice of Grievance within ten (10) working days of the alleged incident used as basis for the grievance.
b.The Notice of Grievance is a form that shall be obtained by the applicant for a hearing from the Personnel/Human Resource Director and it shall include the date and a brief description of the basis for the grievance.
c.This ten (10) day limitation may be extended, not to exceed ten (10) additional days, by the Personnel/Human Resource Director and Grievance Committee for good cause and at the written request of the grievant.
Following the filing of a "Notice of Grievance" for each individual grievance, within 30 days of the action, the grievant must complete:
a.A clear and convincing formal Grievance statement of the matter being grieved. Including specific allegations, dates, times and facts related to the grievance.
b.The Grievance Statement shall include the resolution sought by the grievant. However the Grievance Board cannot award back pay.
The grievant must file a copy of the original grievance with the Personnel/Human Resources Director. Every effort shall be made by the parties to resolve the grievance at the lowest possible level
Section 7, Steps 1-4).
No employment position vacancy created by any action with respect to which there has been a grievance filed pursuant to the Personnel Manual shall be permanently filled until such time as the grievance has been finally determined under the guidelines of this Ordinance. A temporary employee maybe used to fill the position if necessary.
If an employee is terminated and is awarded pay for annual leave, the employee will not be entitled to a Grievance Hearing if the pay is accepted.
Section 7. Procedure
When a formal grievance is filed, it shall be filed and processed in the following manner (except that time limits may be waived or extended by written consent of both parties upon request to the Personnel/Human Resource Director).
Step 1.
a.The employee shall present the grievance to his immediate supervisor in writing.
b.The immediate supervisor shall within two (2) working days, meet with the aggrieved employee and attempt to solve the problem. If the employee is still not satisfied, or if the two (2) days passed with no action by the immediate supervisor, the employee shall proceed to step 2.
c.If the immediate supervisor is also the program director, then the employee shall skip Step 2 and proceed directly to Step 3
Step 2.
a.The employee shall request a meeting with the program director, upon receipt of the request the program director will arrange to meet with the employee within two (2) working days of the request.
b.The program director will then investigate the matter fully and attempt resolution. However, if the director is unable to solve the problem or the solution is not acceptable to the grievant then proceed to Step 3.
Step 3.
a.The employee shall request a meeting with the Personnel/Human Resource Director. Upon receipt of the request, the Personnel/Human Resource Director will arrange to meet with the employee within two (2) working days of the request.
b.The Personnel/Human Resource Director will then investigate the matter fully and attempt resolution. However, if the Personnel Director is unable to solve the problem or the solution is not acceptable to the grievant then proceed to Step 4.
Step 4.
a.The Personnel Director will notify the Tribal Grievance Board Chairperson who shall with the Grievance Board schedule a hearing date.
b.The employee shall present his/her grievance before the Tribal Grievance Board.
c.The Board shall render a written decision no later than ten (10) working days after the closing of the hearing in writing to the employee.
To insure due process and protect the integrity of the grievance process, any attempts by individuals involved with the grievance to circumvent the normal chain of command will render the grievance null and void.
The decisions of the Grievance Board are final; there is no appeal there from and the Tribe does not waive sovereign immunity in suit arising from employee grievances. Employees are entitled to representation by legal counsel at their own expense.
Section 8. Hearing
A hearing will not be granted until all steps have been followed to resolve the issue at the lowest possible level (See Section 7, Steps 1-4). Further, a hearing will not be granted if there are pending investigations relevant to the grievances which are not complete. Any applicant or party involved in any pending investigations relevant to the grievance must notify the Grievance Board and the Personnel/Human Resource Director immediately and provide a time of expected completion.
When a hearing is scheduled, a written notice will be sent five (5) working days in advance to all interested parties setting forth the time, date, place and purpose of the hearing. Included with the notice will be a procedural outline of the hearing explaining how the hearing will be conducted. This outline is for the purpose of assisting the parties in preparation of a fair and just hearing.
All hearings will be closed to the public unless the grievant has requested that a hearing be open. In conducting a hearing, the proceedings shall be informal and the technical rules of evidence shall not apply. The grievant shall prove by clear and convincing evidence that the allegations made in the grievance by the employee are factually correct. All decisions of the Grievance Board are final and binding.
The Grievance Board will only consider evidence submitted prior to or at the time of hearing. All decisions will be based only on the evidence considered. It is the burden of the parties to prepare fully for the hearing and have all relevant evidence submitted.
In lieu of new facts or information documented that may alter or change the decision of the Grievance Board, the grievance may be reopened.
All Parties to a hearing shall be entitled to counsel or representation of their own choosing at their own expense. The Grievance Board or Grievant can request the presence of the Personnel/Human Resource Director.
Section 9. Findings
Within ten (10) working days of the closing of a hearing, the Grievance Board shall render its finding and decisions to all concerned parties in writing. Such decisions shall be final and binding upon all concerned parties unless new evidence calls for a grievance to be reopened.
Section 10. Final Remedies
The Grievance Board will render a written decision based on testimony and factual documentation. The decision rendered by the Grievance shall be final and binding. The Grievance Board is not authorized to award back pay as a remedy.
If an employee is denied the opportunity to present a grievance as prescribed by this Article or if the employee is threatened or subjected to duress when presenting the evidence, the employee may notify the Tribal Council in writing. The Tribal Council shall authorize an investigation of such complaints and, based upon findings, may present charges against any person who was derelict or discriminatory in considering the grievance.
Section 11. Immunity
The Rosebud Sioux Tribe in no way waives its sovereign immunity by enacting this Ordinance.
RESOLUTION
ROSEBUD SIOUX TRIBE
RESOLUTION NO. 2009-25
WHEREAS, The Rosebud Sioux Tribe is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 and pertinent amendments thereof; and
WHEREAS, The Rosebud Sioux Tribe is governed by a Tribal Council made up of elected representatives who act in accordance with the powers granted to it by its Constitution and By-laws; and
WHEREAS, The Rosebud Sioux Tribal Council is authorized to promulgate and enforce ordinances for the maintenance of law and order, and to safeguard the peace and morals, and general welfare of the Tribe, pursuant to the Rosebud Sioux Tribe Constitution and By-Laws Article IV Sections l (k), and (m); and
WHEREAS, the Rosebud Sioux Tribe Personnel Policies and Procedures Ordinance No. 86-06 as amended Article VI Section A established the RST Grievance Committee to investigate, make determinations and recommendations to the Tribal Chairman on employee grievances not resolved at lower levels; and
WHEREAS, the Rosebud Sioux Tribe Personnel Department has recommended the Rosebud Sioux Tribal Council enact proposed Ordinance No. 07-09 to repeal and replace RST Ordinance No. 86-06; and
WHEREAS, the Rosebud Sioux Tribe Grievance Committee has recommended that a separate ordinance, the Rosebud Sioux Tribe Grievance Board Ordinance, to create a grievance board for all Rosebud Sioux Tribal Employees and other tribal entities upon request; and
THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribe approves and adopts the recommendation of the RST Grievance Committee; and
BE IT FURTHER RESOLVED, that the Rosebud Sioux Tribal Council approves Ordinance No. 2009-01 to establish the Rosebud Sioux Tribe Grievance Board to investigate and make determinations on employee grievances, to uphold the Rosebud Sioux Tribe Constitution and Bylaws, to uphold in an unbiased man ner the right of employees of the Rosebud Sioux Tribe to due process, the right to receive notice and to be
heard in an orderly proceeding and
protect their rights; now
Electrician BE IT FURTHER RESOLVED,
that this Ordinance rescinds and Underground Science and Engineering Laboratory
supersedes any and all other Tribal experienced individual to manage the surface and
Ordinances, Resolutions or motions systems in the mine. Knowledge of radio
to the extent those are inconsistent
controls, programmable logic controllers
with this Ordinance No. 2009-01.
voltage systems is preferred.
information and details on how to apply, visit
CERTIFICATION sanfordundergroundlaboratoryathomestake.org.
the Department of Labor
This is to certify that the above
Office at 605-642-6900.
Resolution Number 2009-25 was
Position Closes April 1st duly passed by the Rosebud Sioux
Tribal Council in session on January 16, 2009, by a vote of fourteen (14) in favor, none (0) opposed and one (1) not voting. The said resolution was adopted pursuant to authority vested in the Council. A quorum was present.
ATTEST: Gerri Night Pipe, Secretary Rosebud Sioux Tribe Rodney M. Bordeaux, President Rosebud Sioux Tribe