Article V. Conflicts of Law
§ 4-501 The Employment Act, the Ethics Act, and the Election Act.
A. To the extent there are any conflicts between this Act and the Employment Act, this Act shall govern the employment of Elected Officials. No Elected Official shall be deemed to have violated Section 1-704(B)(2) of the Employment Act, which prohibits tribal employees from using their position to obtain employment or business in Wilton Rancheria’s government or its businesses for themselves, solely by the fact that such official obtained employment or compensation as allowed under this chapter.
B. To the extent there are any conflicts between this chapter and the Ethics Act, the Ethics Act shall govern. No elected official shall be deemed to have violated 4 WRC § 6-202(B)(2) of the Ethics Act, which prohibits elected officials and tribal officials from using their position to obtain employment in or commerce with Wilton Rancheria’s government or any of its businesses for themselves, solely by the fact that such official obtained employment or compensation as allowed under this chapter.
C. The general rules of the Employment Act shall apply to elected officials to the extent they do not conflict with the Constitution, the Ethics Act, the Election Act, or any other Wilton Rancheria laws setting forth the duties and expectations of elected officials serving in elected office. Regardless, the following provisions of the Employment Act are excluded from application to elected officials:
1. Any preemployment requirements.
2. Filing grievance complaints and participating in the grievance complaint processes, hearings, and appeals.
3. Tribal family leave, but only to the extent it provides for who will fill a vacancy during a leave. Any vacancies shall be filled by following the requirements in the Constitution and Wilton Rancheria laws directly dealing with vacancies of elected officials related to their respective elected offices.
4. Any drug, alcohol, and controlled substance policies. Such issues must be dealt with in the manner in which the Constitution or Wilton Rancheria laws handle such matters for elected officials while serving in their elected office.
5. Any unacceptable conduct or workplace violations. Such issues must be dealt with in the manner in which the Constitution or Wilton Rancheria laws handle such matters for elected officials while serving in their elected office.
6. Any conflicts of interest violations, government information, assets and resources violations, anti-bribery and corruption violations, employee discipline, adverse employment actions and their administrative reviews and appeals rights to officers, boards, Tribal Courts or other forum. Such issues must be dealt with in the manner in which the Constitution or Wilton Rancheria laws handle such matters for elected officials while serving in their elected office. (Res. 2023-54; Res. 2020-78)