"The Tribal Human Resource Department (HR) of a Theoretical Tribe advertises in nation-wide media and on its website that the position of Chief Judge is open and solicits application from qualified candidates. The position announcement also states that the position is subject to Tribal and Indian Preference. Theoretical Tribe is a “compacted” tribe under P.L. 93-638, the Indian Self-determination and Education Assistance Act, meaning it has “contracted” with the United States Government to perform a functions previously carried out by the U.S. Government.

The Theoretical Tribe receives the majority of its funding for the Judicial System under a contract with the BIA and supplements the Judicial budget using Tribal funds, mostly generated from its Indian Casino and Resort.

The Theoretical Tribe HR reviews all the applicants and determines that there are no “Tribal” applicants that meet the minimum qualifications but there are three non-Tribal “Indian” candidates that meet the minimum requirements. There is also one non-Indian Candidate that meets the minimum qualifications and, in fact, exceeds the qualifications of all the candidates. The HR invites the three Indian candidates and the non-Indian candidate for interviews. HR then destroys the application records of the other 5 candidates that were not determined to meet the minimum qualifications. (Thus assuring that any investigation by the Contracting Officer or the Inspector General will be very difficult)."

Get the Story:
Harold Monteau: Indian Preference: It’s the Law (Indian Country Today 7/13)

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