Attorney – Request for Proposal

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Arizona Indian Gaming Association

Request for Proposal

Professional Services — Association Attorney

________________________________________

July 2011

Presented by:

Valerie Spicer

Acting Executive Director

Overview



The Arizona Indian Gaming Association (“AIGA” or “Association”) is a 501 (c) 6 non-profit organization with a membership of 18 tribes.

AIGA was established on November 21, 1994 by Arizona tribal leaders. The Association’s mission is to advance the lives of Indian people — economically, socially, and politically — so Indian tribes in Arizona can achieve their goals of tribal sovereignty, self-reliance, and self-determination by supporting tribal gaming enterprises on Arizona Indian lands. Speaking on behalf of its member tribes with one, unified voice; AIGA serves as an information clearinghouse and educational, legislative and public policy resource for tribes, policymakers and the public on Indian gaming issues and tribal community development. The Association is deeply committed to maintaining and protecting Indian sovereign governmental authority.

AIGA is seeking an attorney or firm to represent the Association’s interests. In order to prevent any conflict of interests, the respondent may not currently or during the term of this engagement represent an Arizona tribe for any specific reason. We invite interested law firms and individuals with a minimum of five (5) years of federal Indian and gaming law experience, to include at least the Indian Gaming Regulatory Act (IGRA) and the Arizona Tribal-State Gaming Compacts, to submit a written proposal.

As the AIGA attorney, the selected law firm or individual will be expected to provide a wide range of legal services to the Association. The attorney will be selected by the AIGA Executive Committee and will work closely with the AIGA Executive Director, the Executive Committee and other staff. The AIGA attorney’s primary role is to provide expert legal advice to the AIGA Tribal Leaders, Executive Committee and Executive Director. The selected attorney shall perform the tasks specified in the Request for Proposal (RFP).

Firms and individuals are hereby invited to submit a proposal based upon the requirements and conditions set forth in the RFP.

Mailing Instructions



Arizona Indian Gaming Association

Valerie Spicer

Acting Executive Director, AIGA

2214 N Central Avenue Suite 250

Phoenix, AZ 85004

Inquiries



Questions regarding this RFP should be submitted to Valerie Spicer @ valerie.spicer@azindiangaming.org or by calling 602-307-1992.

Submittal Date

Eight (8) copies are due Valerie Spicer no later than August 8, 2011

Proposals should provide a straightforward and concise presentation adequate to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of the proposal.

Responsiveness to the RFP will be a principal basis for evaluation. AIGA reserves the right, without qualification, to:

– Select any proposal based on written or oral communication with any or all of the firms or individuals when such action is considered to be in the best interest of AIGA.

– Reject all proposals.

– Exercise discretion and apply its judgment with respect to any proposals submitted.

All proposals will be deemed confidential and will be retained by AIGA.

Proposal Content



Experience and Qualifications



1. Please describe the nature of your law firm’s practice and your qualifications for providing legal services for AIGA. Please provide the professional experience of the individual who will be designated to serve as the primary attorney, as well as for others who you anticipate will be involved in providing legal services to AIGA.

2. Please provide the overall capabilities, qualifications, training and areas of expertise for each of the principals, partners and associates of the law firm, including the length of employment for each person and his/her area of specialization for those involved in the assignment.

3. For the person whom you propose to designate as the primary attorney, and for each person or firm you propose to designate as a deputy, supporting counsel for special services or backup, please provide the following:

a) Legal training and years of practice (including date of admission to the Arizona Bar)

b) Years of Indian law practice (general law and/or gaming law) as a full-time tribal attorney and/or in a private law office specializing in the representation of tribes.

c) Knowledge of, and experience with, federal Indian and tribal gaming law or other gaming sector experience or policy, including gaming compact negotiations and election initiative support.

d) Types of clientele represented and years representing each.

e) Experience in the area of contracts.

f) If the firm/individual, or any of the attorneys employed by the firm, have ever or currently, represent any clients adverse to Indian tribes, tribal casinos, or other tribal interests. If so, please provide the client(s) and matters of representation.

g) Affirmation that the firm/individual, or any of the attorneys employed by the firm, does not currently , and during the term of this engagement will not, represent an Arizona tribe for any reason.

h) If the firm/individual, or any of the attorneys employed by the firm, have ever

been sued by cities or other clients for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide information on the nature of the incident, the dates of the matter began and was concluded, and the results of the situation.

Requirements and Compensation



1) Must be a member in good standing of the Arizona Bar. The AIGA attorney will be required to attend AIGA attorney work group meetings and AIGA Tribal Leaders meetings. AIGA prefers that the time needed for these meetings, including travel be included in any retainer fee arrangement proposed. There is at least one (1) of each meeting per month.

2) Related duties will include: rendering of legal advice and opinions concerning legal matters that affect AIGA; such as legal work pertaining to special circumstances including but not limited to federal laws and rules governing Indian gaming, legal analysis and interpretation of the Arizona-Tribal gaming compact and its appendices, election initiative support, and contracting services.

3) The monitoring of pending and current state and federal legislation and court decisions as appropriate. Please define what type of work you would consider to be extra or specialized work which would be billed in addition to basic services.

Evaluation and Selection Process



All proposals must be received by Valerie Spicer by August 8, 2011.

Proposals will be screened, and the top candidates will be selected by Valerie Spicer and the Executive Committee. The top candidates will be subsequently submitted to AIGA Tribal Leaders.

Qualifications for top candidates will be verified and references will be checked by Valerie Spicer.

In reviewing the proposals, AIGA will carefully weigh:



a. Depth and breadth of experience and expertise in the practice of federal and Arizona gaming law, most specifically in those areas most often encountered by the Association.

b. Capability to perform legal services promptly and in a manner that permits the AIGA Board and staff to meet established deadlines and to operate in an effective and efficient manner;

c. Degree of availability for quick response to inquiries that arise out of day- to- day operating questions or problems;

d. Degree to which firm and individual attorneys stay current through continued professional development and active communication with practitioners in the tribal gaming law field;

e. Communication skills;

f. Cost of services; and

g. Other qualifications/criteria as deemed appropriate by the AIGA Executive Committee.

AIGA will conduct interviews of top candidates and make the final selection.

The Executive Committee will negotiate the final contract.

The Executive Committee will formally approve the contract and appoint the next AIGA attorney.

Services to AIGA are anticipated to begin shortly thereafter.

Job Opportunity

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Telecommunications Policy Analyst Consultant, Native Public Media (Telecommuting)



Founded in 2004, Native Public Media’s mission promotes healthy, engaged, independent Native communities by strengthening and expanding Native American media capacity and by empowering a strong, proud Native American voice. Native Public Media is housed at the New America Foundation.

Native Public Media (NPM) is seeking an experienced Policy Analyst that specializes in telecommunications policy. Traveling is required for this position. The ideal candidate will have a good working knowledge of the Federal Communications Commission rulemaking process and knowledge of American Indian Tribes and Alaska Natives. Although this is a telecommuting position, it is expected that the Policy Analyst will reside in Washington, DC in order to participate in various proceedings. This is a contract position.

Responsibilities

– Formulate policies and proposals that will advance the telecommunications interests of American Indian Tribes and Alaska Native Villages.

– Work with NPM Director of Operations and staff to establish research priorities;

– Ensure NPM policy is proactive policy development;

– Create analysis and evaluations using qualitative, quantitative, case studies, survey research, model building and statistical analysis to best define problems, define evaluation criteria, identify solutions and/or alternatives, and best policy agenda, among other objectives.

– Prepare High quality Documentation for publication when needed.

– Assist with grant reports as needed.

– Determine which of various alternative policies will most achieve a given set of goals.

– Disseminate research results through academic publications, written reports, or public presentations.

– Develop and test theories, using information from interviews, newspapers, periodicals, case law, historical papers, polls, and/or statistical sources.

– Maintain current knowledge of government policy decisions.

– Collect, analyze, and interpret data such as election results and public opinion surveys; report on findings, recommendations, and conclusions.

– Interpret and analyze policies, public issues, legislation, and/or the operations of governments, businesses, and organizations.

– Write drafts of legislative proposals, and prepare speeches, correspondence, and policy papers.

– Forecast political, economic, and social trends.

– Utilize academic research and other resource materials;

– Prepare reports and other written information for policymakers, practitioners, researchers, and funders;

– Coordinate the dissemination of information on relevant research projects to tribal leaders, Indian programs, policymakers, federal and state agencies, partner agencies, funders, NPM NPM staff, and other individuals or entities in a timely manner;

– Adhere to NPM core values, guiding principles, and policy regarding ownership of data, respect for tribal Sovereignty and community-driven research and evaluation activities;

– Assist the Director of Operations in keeping the NPM President informed of policy positions and priorities;

– Other duties as assigned.

Qualifications



Ideal candidates will have the following qualifications:

– Advanced educational degree, including J.D., Master’s degree, or other comparable credential (a Ph.D. is preferred, but not required);

– A minimum of three years of experience in working on Indian policy and/or with American Indian/Alaska Native tribal governments or communities;

– Experience in conducting research and writing reports on American Indian policy issues;

– Strong writing, interpersonal, communication, and organizational skills;

– The ability to take direction and work independently, taking initiative within areas of responsibility, as well as providing leadership and direction while working in a team oriented environment;

– The ability to meet with, solicit cooperation of, and deal effectively with people at various levels and sectors, e.g., tribal representatives, funders, program directors, state and federal officials, consultants, etc.

– Experience with and enthusiasm for working in a fast-paced and dynamic environment; and

– The ability to adjust to changing priorities and growing responsibilities.

Application Process

Email a resume including three references, and a writing sample (no more than two pages) to: employment@nativepublicmedia.org

Please state “Telecommunications Policy Analyst Consultant” in the email subject line. The position is open until filled. The New America Foundation is an equal opportunity employer.

Heard Museum Event

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Experience the Magic of Dolls at the Heard Museum
Mark your calendars for Saturday, July 9, as the new exhibit More Than Child’s Play: American Indian Dolls makes its Phoenix debut! Best of all, the exhibit features some new dolls, including one by acclaimed artist Dallin Maybee (Northern Arapaho/Seneca). The 80-plus dolls, mostly drawn from the Heard Museum’s collection, represents areas from the Arctic to northern Mexico, and which range from the 19th century to the present.

Job – Havasupai General Counsel

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The Havasupai Tribe is looking for an individual or firm with significant experience and background in federal and tribal Indian law to serve as general counsel, excluding the Tribe’s pursuit of its water rights, and the represent the Tribal Council, and Tribal committees or boards, and any department of the Havasupai Tribal Government in any legal matters.

More details can be found in the link below:
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B8PgSO057Pt-ZWEzZjUxYWEtZDc5Ny00ZTA3LWE4MmYtZWExY2Q0MWUwZTdl&hl=en_US

Tohono O’Odham Nation: Request for Proposal

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The Tohono O’Odham Tribal Employment Rights Ordinance Commission is seeking an attorney to provide an assessment of existing labor relations, as well as Indian Preference in Employment, Contracting, and Intergovernmental relationships for the Employment Rights Ordinance 01-85 and provide recommendations.

July 8th deadline. Please see link below for further details:
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B8PgSO057Pt-M2Q5ZWNhMjUtNWUyNi00NWFkLWE1MzEtMjkzZWJmMDA1NzJh&hl=en_US

Rodina Cave – New Job

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Rodina Cave (’01) recently joined the Sutin Thayer & Brown law firm in Albuquerque, NM. Rodina has extensive experience in the areas of Indian Law and complex litigation. She has represented Indian tribes and tribal entities in administrative and regulatory proceedings, in environmental matters, on tribal governance issues and on economic development projects. Rodina currently chairs the Indian Law Section of the New Mexico State Bar and serves as adjunct faculty at the University of New Mexico School of Law.Congratulations! http://www.sutinfirm.com/lawyer.asp?rcc

Job Posting – Kalispel Judge

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Presiding Judge
Job Req # 2414
Opened Date: 06/16/2011
Positions Available: 1 FT
Shifts: Days
Starting Pay: $DOE
Location: Usk
This position is 32 hours per week but is benefitted as full time.

Summary of Functions

The Presiding Judge serves as the head of the Tribal Court, overseeing court operations and the disposition of cases. The Presiding Judge ensures the impartial administration of justice and discharges duties in accordance with the Kalispel Tribal Constitution, laws, codes, ordinances and regulations. The Judge Chairs internal judges’ meetings and serves as liaison to the Kalispel Business Committee (KBC) on judicial concerns.

Essential Duties and Responsibilities
- Fairly and impartially hears and decides judicial matters within the jurisdiction of the Kalispel Tribal Court (Court), pursuant to the Kalispel Tribal Constitution, Tribal Codes and the policies and procedures of the Court.
- Supervises and oversees Court operations, including the assignment of cases to traditional or associate judges, case management and the timeliness of decisions.
- Hears and renders decisions for all types of cases filed in the Court, including but not limited to, criminal, traffic, civil, juvenile and child welfare cases.
- Reviews case files and pleadings; presides at pre-conferences, hearings and trials; conducts legal research and writes decisions; issues search and seizure warrants, arrest warrants and court orders, including orders of protection.
- Works with the Court Administrator to set the Court docket, to develop and manage the Court operating budget, and to develop Court programs and grants.
- Ensures the availability of judges by phone, 24 hours per day / 365 days per year, to hear requests for extradition, emergency child placements, search and bench warrants and other orders of an immediate nature.
- Applies fair concepts and procedures of justice, including working closely with the Chief (traditional) Judge, Associate Judge(s) or Judge Pro Tem(s) to incorporate the principles of Kalispel Tribal traditions and culture.
- Works collaboratively on the development of alternate dispositions for juvenile cases, with the development of alternative dispute resolution procedures and the development of Kalispel Tribal common law.
- Works collaboratively on the development of rules of evidence, bench book, and civil and criminal procedures.
- Works with the Tribal Legal Department and the Chief of Public Safety to ensure the establishment of contracts for jail and detention facilities, the establishment of full faith and credit agreements with state and tribal courts, the development of SORNA related procedures and other necessary development for implementation of other codes.
- Ensures the maintenance of a court record system and oversees maintenance of the Court library.
- Keeps current on laws and issues that impact the Court, to include continuing legal and judicial education, and makes recommendations to the Kalispel Business Committee for amendments or adoption of laws (codes) to improve tribal jurisprudence.
- Serves as an advocate and educator for the Kalispel Tribal Court System within the Tribe as well as locally, regionally and nationally.
- As appropriate, professionally represents the Tribe in negotiation or mediation sessions, public and private meetings, and at consultations or conferences.
- Participates in local, regional and national professional associations.
- Additional duties as assigned.

Supervisory Responsibilities

The incumbent directly supervises the Court Administrator (may also supervise other Court staff) in accordance with the Tribe’s policies, procedures and applicable law. Other responsibilities included are interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; and addressing complaints and resolving problems.



Education, Experience and Skills Required:
- A Juris Doctorate degree from an accredited law school is required. (WA Bar license is required)
- A minimum of ten years experience as a practicing attorney and a minimum of five years of judicial experience or a combination thereof is required. Direct experience as a judge is required.
- Experience as a tribal judge and/or practice in the field of Indian Law with knowledge of sovereignty issues, is required.
- Demonstrated knowledge of Tribal, Federal, and State laws, of the Tribal Court legal process and working knowledge of tribal codes, traditions and customs is required.
- Demonstrated knowledge of legal practices and standards, and court procedures.
- Experience that demonstrates the ability to make judgments in an independent, responsible and impartial manner is required.
- Must be fully conversant in the complexities of criminal and civil law in general; and in the complexities of both statutory and case law of federal Indian law in particular.
- Must possess strong management, supervisory and administrative skills.
- Must possess excellent decision-making capabilities and dispute resolution skills, including the ability to deal well with emotionally charged and/or adversarial situations.
- Requires excellent communication and presentation skills with the ability to interpret and provide verbal and written instructions to subordinates and to communicate effectively with court professionals, persons appearing before the court, peers and the general public.
- Must have professional level writing skills including the ability to draft clear and concise opinions, court orders, policies, procedures, reports and similar documents.
- A working knowledge of Microsoft office suite and internet software and ability to utilize same to produce decisions, reports and other correspondence is required.
- Must have the ability to professionally represent the Tribe when attending Court related meetings, or at consultations and conferences.
- Must possess a good understanding of the needs and vision of the Kalispel Tribe and be able to tactfully handle culturally sensitive issues.
- Demonstrated ability to work effectively with Tribal officials, Tribal Members, staff, industry professionals and the general public.
- Must qualify for a Tribal Work Permit by passing drug screening and background checks.

Certificates, Licenses, Other Requirements
- Must be licensed in the state of Washington to practice law and must be a member in good standing with the Washington State Bar Association.
- Valid WA or ID Driver’s License and insurability under the Tribe’s auto policy.
- May not have convictions of a felony or of misdemeanor involving moral turpitude.


Work Environment
- This position is performed primarily in an office environment. Significant portions of the job require extended sedentary periods; regular work with computers and repetitive motion of hands and wrists.
- This position requires the ability to bend, stoop, lift, carry, and move items weighting up to 30 pounds and requires occasional standing or walking.

- This position requires regular local and occasional out of town travel.

- This position occasionally requires work to be performed outside general business hours, including evening or weekend sessions, meetings/travel.


Jessica Lee-Domebo, Staff Attorney
Kalispel North Legal Office
P.O. Box 39
Usk, WA 99180
            (509) 789-7602       (direct)
            (509) 481-1725       (cell)
jdomebo@kalispeltribe.com

Job Posting – Associate Judge Yavapai-Apache Nation

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Yavapai-Apache Nation (Camp Verde, AZ)

Position Type:

Attorney

Practice Area(s):

Criminal, Family, Government, Indian/Native American

Geographic Preference(s):

Southwest (AZ, NM)

Description:

– Issuing warrants of arrest, bench warrants, search warrants, subpoenas, temporary restraining orders, and orders of protection, commitments and other legal documents
– Presiding over hearings in all cases: civil, criminal, domestic relations (divorce), adoption, ICWA, landlord tenant, real estate, probate and specialty court and other matters arising under the Yavapai-Apache Law & Order Code.
– Drafting timely written opinions, orders and other court directives.
– Performing timely case management, on hearings, motions, rulings, setting of cases.
– Maintaining accurate and complete court records.
– Assisting court clerks to maintain updated records and files on cases.

Desired Class Level:

LLM, JD Alum, Alum 0-3 yrs exp, Alum 4-6 yrs exp, Bar Passage, Pending Bar Passage

Posting Date:

June 15, 2011

Expiration Date:

July 1, 2011

Contact:

Ms Laura Jones

Human Resources Director

2400 W Datsi Street Camp Verde, Arizona 86322 United States

http://www.yavapai-apache.org

Resume Receipt:

Other (see below)

How to Apply:

Submit Employment Application, Resume and Cover Letter to Yavapai-Apache Nation Human Resources 2400 W. Datsi Camp Verde, AZ 86322 www.yavapai-apache.org

– High School Diploma or GED plus six (6) years experience as Judicial Officer, Lawyer or Tribal Advocate; or Paralegal or Tribal Trial Advocacy Certificate plus four (4) years experience as Judicial Officer, Lawyer or Tribal Advocate; or Law School Degree plus two (2) years experience as Judicial Officer, Lawyer or Tribal Advocate. (Law School Degree highly preferred).
– Minimum of one (1) year full-time judicial experience in courts of limited jurisdiction required (Tribal Court preferred).
– Posses a high level of competence, ability to carry out legal thinking reconciling the principles and the particular circumstances of the person and the issues.

Additional Documents:

Cover Letter