A. If the Department of Housing is organized as a limited administration, all employees or independent contractors of a consortium, organization, association, or other entity or body that meets the requirements of Section 1-202(B)(1), whether or not such employees or independent contracts use the offices, facilities, tools, or other property or instruments of the Tribe, shall not be considered employees or independent contractors of the Tribe, and shall not be entitled to any payments, benefits, or other policies of the Tribe, whether or not such payments, benefits, or other policies of the Tribe apply to employees or independent contractors of the Tribe.

B. Nothing in this section shall be construed to limit the ability of the Tribe to knowingly and affirmatively enter into a joint employer relationship with any consortium, organization, association, or other entity or body that meets the requirements of Section 1-202(B)(1), as it relates to any particular employee; provided, however, that the joint employer relationship is expressly and clearly stated in a written agreement between the Tribe, the particular employee, and the consortium, organization, association, or other entity or body that meets the requirements of Section 1-202(B)(1). (Res. 2023-57)