Artman acknowledges Indian preference ruling
Tuesday, April 15, 2008
Filed Under:
Law
A court ruling has expanded the Indian preference policy at the
Interior Department but assistant secretary Carl Artman says the decision won't have an impact on current positions.
On March 31, a federal judge said Interior was violating the
Indian
Reorganization Act by limiting Indian preference to the Bureau of Indian Affairs.
Chief Judge
Thomas F. Hogan in Washington, D.C., said the law applies to "all" positions at the department that deal with Indian affairs.
"This is a broader application of Indian Preference than is currently being made by the Department," Artman said in an
email to employees.
But Artman said non-Indians who are in positions that "might now be subject to Indian Preference" won't be affected by the ruling. He said any change in hiring "will be applied prospectively only."
The case was filed by the
Indian Educators Federation
union. Darrell Bradley, a BIA employee, discussed the case on
Native America Calling yesterday.
Court Decision:
Indian
Educators Federation v. Kempthorne (March 31, 2008)
Court Documents:
Amended
Complaint |
IEN
Motion for Summary Judgment |
US
Motion Summary Judgment/Motion to Dismiss |
IEN
Response |
US
Reply
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