U.S. Civil Service Laws Don’t Protect Tribal Employees Performing Contracted Services

A tribal police officer who was fired by the tribal government appealed his dismissal to the Merit Systems Protection Board (MSPB). He argued that since his duties for the tribe were in fulfillment of a Self-Determination contract with the Department of Interior, he should be considered a federal employee. The MSPB ruled that although the employee’s alleged misconduct had been investigated by the Bureau of Indian Affairs and even though his duties were related to a self-determination contract with the BIA, he was not considered a federal employee. The board noted that he might be considered a federal employee for the purposes of certain laws -- for example he was covered under the Federal Tort Claims Act – but that did not make him a federal employee entitled to a hearing before the board.