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ORIGINALLY
ADOPTED: 8/25/93 |
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DATE
AMENDED: 3/22/00; 10/23/02 |
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RESOLUTION
NUMBER: 056-93; 041-00; 190-02 |
Personnel Management Ordinance
Tribal
Code § 370
(a) Authority and Purpose:
(1)
The authority for this Ordinance is found in the Tribal Constitution
under Article III, Section 1.
(2) The
purpose of this Ordinance is to establish policies which promote the
development of a high quality work force, ensure the protection of
employee rights, and set forth the expectations of all employees and
managers in conducting employee relations matters.
(b) Background: The Tribal Council has, in the Executive
Management Ordinance, authorized the General Manager to hire, supervise,
promote, discipline, and discharge employees in order to carry out the
operations of the Tribe, in accordance with Tribal law. The Council
has determined that certain policies should be set forth to guide the
General Manager and other Tribal employees in the performance of their
jobs. The purpose of these policies is to create an environment where
employees can enjoy their work, feel secure in their positions, and
make a positive contribution towards the goals and mission of the Tribe.
The Council seeks to attract qualified employees, particularly Tribal
members, to the Tribal work force. It is the intent of the Tribe to
effectively compete with other employers for personnel who have the
abilities and skills necessary to effectively achieve Tribal goals and
provide quality services to the Tribal membership. It is further the
intent of the Tribe that Tribal employees have input in the development
of personnel policies.
(c) General Expectations of Employees: Tribal employees are
expected to act professionally and contribute positively and productively
in carrying out their assigned tasks. Employees are expected to maintain
the highest standards of ethics in performing their duties and to deal
cooperatively and courteously with other employees and members of the
public. Employees shall not engage in activities that might disrupt
the workplace, lower the morale of other employees, or otherwise reduce
the effectiveness of the Tribal work force.
(d) Personnel Policies: The General Manager shall develop
and implement personnel policies and procedures which govern all aspects
of employment with the Tribe, are consistent with the provisions of
applicable Tribal, Federal and State law and which, at a minimum, address
the following:
(1)
Conflicts of Interest: The General Manager shall develop policies
and procedures prohibiting employees from engaging in activities that
would create an appearance of, or actual, conflict of interest.
(2) Drug Free Work Place Policy: The Tribe recognizes drug
dependency as a major problem. The Tribe also recognizes drug abuse
as a potential health, safety and security problem. The Tribe is committed
to the safety and well being of the Tribal membership and Tribal employees.
Accordingly, it is the Tribe's intent to maintain a work environment
free from the influence or use of illegal drugs and unlawful possession
or distribution of controlled substances on Tribal land.
The General
Manager shall develop and implement a Drug Free Work Place Policy
which complies with all applicable laws consistent with the Tribe's
commitment to provide a drug and alcohol-free working environment
and which, at a minimum
(A)
Strives for an alcohol and drug free work environment;
(B) Requires testing of employees as follows:
(i) When there is reasonable suspicion to believe the employee(s)
is under the influence of drugs or alcohol in the work place;
(ii)
All new employees prior to employment;
(iii) Random testing as permitted by applicable Post accident
testing of employees deemed to have caused or contributed to an
accident involving significant property damage or physical injury;
and
(iv) Random unannounced drug testing of employees by a method
that ensures all employees, including management, have an equal
opportunity for selection.
(C)
Provides that employees who violate the policy are subject to, disciplinary
action, up to and including termination, provided; however, that
employees shall have an opportunity to seek help in dealing with
a drug dependency problem before termination of their employment
pursuant to the Drug-Free Workplace Policy; and
(D)
Pursues all efforts to terminate and prosecute employees involved
in drug trafficking.
The
General Manager shall make a quarterly report to the Council on
the effectiveness of the drug free work place policy.
(3) Sexual
Harassment: The General Manager shall develop and implement policies
and procedures to prevent the sexual harassment of employees, applicants,
clients and Tribal members.
(4) Political Activities: The General Manager shall implement
a policy prohibiting employees from engaging in political campaigning
during work or when acting as a representative of the Tribe.
(5) Safety: The General Manager shall develop policies for
preventing and reporting work-related accidents.
(6) Grievances:
The General Manager shall provide procedures for resolving disputes
that arise between employees and their supervisors. Such procedures
shall include time frames for filing and responding to grievances.
The Tribal Court shall have jurisdiction over all final employment
decisions in accordance with the Tribe's Employment Action Review
Ordinance.
(7) Preference: It is the policy and intent of the Tribe, to
the extent consistent with applicable law, to apply certain preferences
in hiring and training. The General Manager shall develop a Preference
Policy which gives preference in hiring as follows:
(A)
Tribal Members;
(B)
Other Indians;
(C)
Tribal Employees; and
(D) Veterans.
(8) Compensation
and Benefits
(A)
Salaries and wages: The Council shall establish salaries
for the EO General Manager, the Tribal Attorney's Office, the Finance
Department and the Intergovernmental Affairs Office. Salary ranges
for all other employees shall be established by the General Manager
as follows:
(i)
The General Manager shall adopt salary/ wage ranges for all positions
consistent with, equal to, or slightly higher than similar positions
in the area;
(ii) Ranges for all positions shall be available for review by
the Council annually and at any time as salary ranges are established
or adjusted.
(iii) The General Manager shall adopt compensation schedules,
which shall be reasonably consistent with positions of similar
employers, for determining actual salaries paid to employees within
a salary/ wage range. Salary adjustments shall be based on performance
and consistent with the adopted compensation schedules.
(iv) Salary ranges for employee positions shall be made available
to Tribal members and employees on request.
(v)
The actual salaries paid to individual employees shall be confidential;
provided, however that Council may obtain this information on
request.
(B)
Employee Benefits: The General Manager shall develop benefit
plans and programs reasonably consistent with similar employers,
and affordable within the resources available for program expenditures
provided that, no formal pension plan shall be adopted except as
approved by the Council by resolution and no benefit plan or program
may be approved which requires the obligation of the Tribe to pay
benefits other than the amount budgeted.
(C)
Vacation/Sick Time: The General Manager shall develop policies
for employee accrual and use of vacation and sick time based upon
length of continuous service with the Tribe.
(e) Holidays
(1) Standard
holidays of the Tribe shall include:
(A)
New Year's Day
(B) Presidents Day
(C) Memorial Day
(D)
Tribal Restoration Day
(E) Independence Day
(F) Labor Day
(G) Veterans Day
(H) National Indian Day (4th Friday of September)
(I) Thanksgiving Day and following day
(J) Christmas Day
(2) Employees
shall be entitled to holidays occurring while they are taking authorized
annual leave.
(3) Employees
required to work on holidays shall be permitted a substitute day off,
within 1 week.
(4) The Council may declare additional holidays, provided such
holidays shall be approved by resolution.
(f) Education & Training: It shall be the policy of the
Tribe to encourage, coordinate and promote education and training opportunities
for employees to allow the employee to render more effective services.
I certify
this to be a true copy of the Confederated Tribes of Grand Ronde Personnel
Management Ordinance.
_____________________________________
TRIBAL COUNCIL SECRETARY
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