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River Band of Ottawa Indians, Ordinances and Regulations
Amended: June 6, 2001 Chapter
600 - Employment
Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and Employees may be discharged as such without cause. Revised Edition - Council Approval April 24, 2000 Reprinted Oct. 15,1998 General Comments for Orientation Please read the approved Personnel Policies manual at your earliest convenience. It is the official policy of the Tribe. These comments are just an informal orientation to the way we do things. There are parking spaces available to each office on a first-come first-served basis. If you do not have a handicapped permit, be careful to avoid parking in a handicapper space. The Tribe will not be responsible for any parking tickets. Unless otherwise arranged, all employees are expected to work from 8:00 a.m. through 5:00 p.m., with an hour off for lunch. If you expect to be late for work, call your supervisor as soon as possible. For better service to our membership, be sure to let the receptionist know when you are not available (such as at lunch time). Each office is expected to have someone answering the telephones during lunchtime. Because of the number of phone calls received, the receptionist may not be able to announce your phone calls to you. This means that you might be talking to a member, client, vendor, or anyone from the general public when you pick up your phone. Be careful to be polite at all times, and please identify yourself. A suggested opening line is, "Good morning, this is (your name). May I help you?" (As opposed to just answering, "Hello?"). Also, please try to answer the telephone before the fourth ring - even if it is not your phone. Telephones are provided for business purposes. If you must make a personal call, please keep it short. Long distance calls should be billed to your home phone or your own phone credit card, not to the office: we do not want to bill you or withhold from your paycheck. The copy machines are provided for business purposes. Each program pays for its copies on a per-copy basis, according to a log of copies made which is kept at each copy machine. Copies for personal use are allowed on a limited basis: please do not abuse this privilege. Information about our employees is expected to be kept confidential. This includes a person's whereabouts (meeting, doctor's office, barbershop, restroom!), their home phone number, marital status, address, etc. If someone is calling for a reference, turn the call over to the office manager or the Tribal manager who will notify the employee of the inquiry and obtain permission before giving out any data.
Paychecks are normally written on Monday to pay for the previous week,
which ends on Friday. The personnel policy allows the paychecks to be
written later, but they are written earlier for your convenience. In
exchange, you are expected to prepare time sheets for approval by your
supervisor on Friday afternoon. Failure to submit
a time sheet in a timely fashion may result in your waiting until the
next Monday for your paycheck. Be sure to review the purchasing policies and procedures if you need any materials. Note that only the purchasing agent (office manager) is allowed to order goods to be charged to the Tribe. You may not incur expenses on behalf of the Tribe without approval from the purchasing agent. This includes photo finishing, office supplies, and any other items. If you receive calls from vendors trying to get you to order any kind of goods or services (light bulbs, copier toner, letterhead, business cards, pens, paper, fire extinguishers, long distance service, and cleaning supplies are some of the more notorious items), refer the calls to the purchasing agent or the controller. Pre-approved expenses, which are incurred in the course of your employment, are normally reimbursed once a week with your paycheck, assuming that the check request was received in the accounting office in a timely fashion. The Tribal Manager may approve an unscheduled payment for you if necessary, but you might need to hand-deliver the check to a check-signer yourself. This means that you might need to justify the unscheduled payment personally to the Tribal Council member. If you find yourself in possession of an invoice from a vendor or some other item that requires payment by the Tribe, be sure to turn it over to the office manager as soon as possible. It reflects poorly on the organization if bills are unpaid because they are lost. Please avoid handwriting envelopes and correspondence, and familiarize yourself with the U.S. Postal Service standards for addressing envelopes. While all employees are expected to have the necessary skills to prepare their own correspondence, we would rather help you write a letter or report than have you submit a substandard document to the outside. If you need help filling out expense reports, check requests, time sheets, or other forms, please contact the controller for assistance. You may also contact him or the office manager for assistance in the use of computers, printers and other office equipment. CHAPTER I Reprinted Oct. 15,1998 Introduction
1.1. Tribal History The Little River Band of Ottawa Indians are the descendants of and political successors to nine historical Ottawa bands whose leaders were signatories to the Treaties of March 28,1836 and July 31,1855. Our people have existed in Michigan from historical times to the present within separate autonomous bands that inhabited a territory extending from the Manistee River South to the Grand River in the Western Lower Peninsula of Michigan. 1.2. Purpose
This manual defines the policies and procedures for employment with
the Little River Band of Ottawa Indians. These policies and procedures
are designed to promote a better understanding of the rights, privileges
and responsibilities of employment with the Little River Band. They
are also intended to establish a merit-based, uniform system for personnel
administration that is designed to promote the quality and efficiency
of service for the Tribal government and its members. The policies set forth in this manual are not intended to create contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the LRBOI and any of its employees. 1.3. Authority The following policies and procedures have been authorized by the Tribal Council of the Little River Band of Ottawa Indians, and shall apply to all positions in the Tribal government. This manual was adopted by Tribal Council action on December 14,1997, and is in effect until the Tribal Council directs otherwise. 1.4. Amendment The Tribal Council may, at any time, abolish, change or otherwise amend these policies and procedures. Any such action will be posted, with its effective date and written notice shall be given by the Tribal Council to every employee. 1.5. Organization and Administration The Tribal Council of the Little River Band of Ottawa Indians is authorized to represent and provide leadership responsibilities on behalf of the Tribe's members, according to the terms and limitations defined in the Tribal Constitution. The Tribal Council has delegated the Tribal Manager to implement and administer these personnel policies and procedures. The Tribal Manager is responsible for day-to-day administration of Tribal programs and services, and for carrying out any and all administrative duties as may be delegated by the Tribal Council. At some future date, the Tribal Council may authorize the appointment of a Personnel Director to administer these policies and procedures. 1.6. Scope All policies and procedures in this document apply to all classified Tribal positions. The classified service shall include all positions except those listed below:
CHAPTER II Reprinted June 22,1999
Recruitment, Selection and Appointment It shall be the policy of the Little River Band of Ottawa Indians (LRBOI) to recruit and select the most qualified persons for employment. Recruitment and selection will be conducted to provide open competition and equal employment opportunity. 2.2. Nondiscrimination Except as stated in Section 2.3, it shall be the policy of the Little River Band of Ottawa Indians to prohibit discrimination in recruitment, selection, appointment, training, including apprenticeship, compensation, promotion or transfer, discipline, retention or any other aspect of personnel administration because of political or religious affiliation, marital status, race, national origin or other non-merit factors. No person shall be discriminated against because of age, sex, or physical disability in any conditions of employment except where age, sex, or freedom from physical disabilities constitute a bona fide occupational qualification. 2.3. Indian Preference Act Purpose: In accordance with provisions of the Indian Preference Act (Title 25, US Code, Section 472 and 473), the Little River Band of Ottawa Indians has established a Native American Preference Policy, which requires that preference in employment and promotion be given first to enrolled Tribal members. In order to receive this preference, individuals must provide documentation or proof of Tribal enrollment at the time of application and must be determined to meet the minimum qualifications for the position(s) identified in the job description(s). Tribal members wishing to take full advantage of the employment preference accorded under this provision must fully and accurately inform Little River Band of Ottawa Indians of their enrollment status and qualifications at the time of application and on an ongoing basis. The next order of preference will be given to children and spouses of enrolled members of the Little River Band of Ottawa Indians. Preference is next given to enrolled members of other Indian Tribes. Definitions:"Descendants " means those persons who are the biological issue of an ancestor who is an enrolled member of the Little River Band of Ottawa Indians; namely, the children, grandchildren, etc. "Employment" includes but is not limited to, the recruitment, hiring, promotion, transfer, training, upgrading, reduction-in-force, retention and recall of employees. "Employment Preference" means a preference given to Tribal members, a Tribal member's spouse and descendants, or other Native Americans in employment decisions when choosing between two or more applicants or employees possessing the necessary qualifications for a position. Application of the Employment Preference requires that a position, promotion or training opportunity. In administering this policy, no allowances will be made for members who fail to perform their required duties and seek to utilize tribal preference to escape discipline. All promotions and transfers of existing employees will be based upon employees' qualifications and work record, along with the Employment Preference. Tribal members with good past work records will be selected for open positions for which they qualify over tribal members with poor past work records. Employees who left the organization on good terms may be considered for re-hire before those with unknown or less than satisfactory past work records. "Equal prospect of Success in a Position" means that two or more candidates can successfully perform the responsibilities associated with a position, as defined in the job description for that position. Unless the "necessary qualifications" established for a position requires the applicant to possess certain degrees, licenses or experience immediately as of the date of hire, the term "equal prospect of success in a position requires that preference be given to Tribal members who can reasonably be expected to successfully perform the responsibilities associated with the position within a reasonable period of time following his/her date of hire. In general, it is expected that persons hired for any position will obtain the skills necessary to fully assume the responsibilities associated with a position before the end of his/her 90-day probationary period. "Necessary Qualifications" means those job-related qualifications which are essential to the performance of the basic responsibilities designated for each employment position, including any essential qualifications concerning education, training, and job-related experience, but excluding any qualifications relating to ability or aptitude to learn and perform responsibilities in other positions. Recruitment: To the extent practical given the available funding for this purpose, the Tribe's Human Resource Department shall develop and maintain a list of Tribal members employment and education histories so that qualified Tribal members can be targeted in recruitment efforts. The Tribal Human Resource Department shall consult with the Tribe's Education Department to identify Tribal members with education or experience which relates to positions being filled. Every reasonable effort shall be made to assure notification of all Tribal member households of all open positions through the Tribal newsletter or direct mailings. If no Tribal members apply for a particular position open and implement additional steps to recruit Tribal members. The efforts undertaken, the time periods allowed for such efforts and the results obtained from such efforts undertaken to recruit Tribal members for all positions shall be documented by the Human Resource Department and reported to the Tribal Ogema and the Council at least every six (6) months. Application of Preference: When two or more candidates possess the necessary qualifications for a position and appear to have an equal prospect of success in the position, the following hierarchy shall be applied in administering the employment preference established by this Act:
Each applicant wishing to claim entitlement to the employment preference established by the policy has an obligation to provide the Human Resource Department with documentary proof of Tribal enrollment, status as a Descendant, or Indian blood quantum at the time of application.
Preferential consideration will not be extended to applicants based on family ties to past or current employees or Tribal Council members. No employee, Tribal Council member, or committee member may participate in the screening, interview, or actual selection of an immediate family member or member of the same household. The term "immediate family" for any purpose shall be defined as follows:
2.5. Recruitment and Hiring Process The Tribal Human Resource Director will be responsible for the recruitment of candidates and posting of job opening. The recruitment process for all positions shall begin with the review, revision, or development of a written job description. All positions shall be posted in a prominent place in the reception area of each of the Tribe's offices. A notice for the position shall be sent to other Michigan Indian organizations and tribes by mail or facsimile. If, in the Human Resource Director's discretion, advertisement in newspapers will assist in the recruitment process, the position may be advertised for a minimum of three (3) days in papers selected by the Human Resource Director. The advertisement shall also be placed in the next Tribal newsletter and/or job hotline or a special notice may be mailed to all Tribal households. All advertisements and notices may contain a description of the job, requirements and qualifications. All applications will be returned to the Tribal office for processing. The Human Resource Director shall create a selection committee to review applications, interview selected candidates, and rank the top applicants. This committee shall consist of not less than three (3) persons, including the Human Resource Director and/or Tribal Manager, the supervisor for the open position, and one Elder selected at random from the Elders pool. The selection committee shall determine which applicants will be interviewed, and the members of the selection committee shall schedule and perform the interviews as a group. Upon completion of all interviews, the selection committee shall determine which of the applicants ranked best, second best, and third best (if at least three interviewed). Only those applicants whom the selection committee would recommend offering the position shall be ranked. If, following completion of all interviews, the selection committee believes that none of the applicants should be offered the position, the selection committee should inform the Human Resource Director of that fact and the position may be re-advertised. The Human Resource Director shall offer the position to the highest-ranking applicant recommended by the selection committee. If the highest ranking applicant is unable or unwilling to accept the position, the Human Resource Director shall proceed to the second-highest, and then the third-highest ranking applicant. If none of the three highest ranking applicants is able and willing to accept the position, the recruitment process shall start again, beginning with review, revision or development of the job description. If the applicant hired for the position vacates the position within 120 calendar days of his/her start-date, the Human Resource Director may offer the position to the second or third highest ranking applicant without starting the recruitment process over. The Human Resource Director may, however, elect to start the recruitment process over, in which case all previous applicants will be included in the pool of applicants. 2.6. Application for Employment Persons seeking employment with the LRBOI must submit a resume and/or complete an employment application to the Tribal Office, in the care of the Human Resource Director. All applications and resumes shall be maintained in an active file for a minimum of six months. After this period applicants must reactivate the application for each announced vacancy. The LRBOI shall rely upon the accuracy of information contained in the applicant's employment application and resume, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the employer's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. 2.7. Character Investigations All positions within the LRBOI will require a character investigation, including criminal history check and reference check. Hiring and continued employment in these positions is contingent upon meeting the standard of character the Tribe has adopted. The Tribe will conduct an investigation of the character of each individual who is employed, or is being considered for employment by the Tribe in a position that involves regular contact with, or control over children in accordance with Public Law 101-630. This investigation will, at a minimum, require that a criminal background check be conducted by the tribal official(s) designated to receive and be responsible for the results of fingerprints checks described below. The tribal official(s) designated to receive and be responsible for the conduct of fingerprint checks, criminal history checks and reference checks shall be specified by resolution of the Tribal Council and the names of such person(s) shall be attached to each application for employment. The standard of character the Tribe has established includes that no person has been found guilty of, or entered a plea of nolo contendere, or guilty to, offenses under federal, state or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, prostitution, or child sexual misconduct, or crimes against persons. All applicants for, and current employees in, such positions must sign a release of information form to authorize the release of any criminal activity on record to the Human Resource Director. The suitability of each applicant proposed for hire shall be determined in accordance with the following procedures. (a) Suitability Adjudication Process
Additional consideration. In making the suitability determination of responsible officials shall consider the following additional factors to the extent that these factors are deemed pertinent to the individual case.
4.
Basic Steps in the
Suitability
Adjudication Process
(b) Reference Check PolicyThe policy is to select and employ
only those persons' whose performance, conduct and suitability will
promote the efficiency of the Little River Band of Ottawa Indians. To
comply with this policy, the Tribe's Human Resource Director, or his/her
designee, or the Assistant Tribal Manager (referred to as the "selecting
officials") are to conduct reference checks before a final employment
selection or job commitment is made.
2.8. Appointments All appointments to vacant positions with the Tribe will be confirmed by a letter from the Human Resource Director. The letter will identify the position, starting salary, applicable fringe benefits and beginning date. 2.9. Types of Appointment The following definitions describe the various categories of employment with the LRBOI included in each category is an identification of benefits eligibility.
CHAPTER III Reprinted October 15,1998 Personnel Administration and Development3.1. Personnel Records
All employee's shall have an official personnel file containing such
items as:
All employee personnel information is strictly confidential and access to personnel files is limited to the Accountant, the employee's supervisor, the Tribal Manager and the Tribal Council. Any disclosures from an employee's personnel records will not be provided without the employee's written authorization, except as required. An individual may see their own personnel file at reasonable times and intervals. If the employee does not agree with any information contained in their personnel file, they may submit a written statement explaining their position which will be made a part of the employee's file. It is the responsibility of each employee to promptly notify his/her supervisor or the Tribal Manager of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of emergency, educational accomplishments, and other such status reports should be accurate and current at all times. 3.2. Job Description Every position with the LRBOI shall be described in writing by a job description. Each employee shall be given a copy of the job description for their position when hired and such employee must sign a copy of the description to indicate that they understand the duties, responsibilities and requirements of their position and a copy placed in their personnel file. At a minimum, job descriptions shall include:
Job descriptions will be written by the position's immediate supervisor, with the assistance of the Tribal Manager. Job descriptions maybe amended as necessary by the immediate supervisor with the written approval of the Tribal Manager or program director. Revised job descriptions must be signed by the employee to signify acknowledgement and understanding of the change in duties or responsibilities. 3.3. Work Plans Work Plans shall be required for certain employees, annually, on the basis of key responsibilities in the Job Description. Work Plans shall be designed by the employee, in consultation with the employee's immediate supervisor. Activities in the work plan will have a specific time frame and measurable objectives. Work plans may be subject to review or revision by the employee's supervisor and/or the Tribal Manager. 3.4. Orientation The Tribal Manager is responsible for ensuring that all new employees receive adequate orientation. The employee is required to report to the Tribal Manager on the first day of employment so that an orientation can be arranged. The orientation will consist of the following procedures:
3.5. Probationary Period Each new employee shall serve a three (3) month probationary period. This period is for the purpose of training, observing and evaluating the new employee's work and conduct to determine if the new employee is capable of performing job requirements in a satisfactory manner. During this period supervisors are expected to regularly observe the employee's work and to discuss performance expectations and standards with the new employee. Probationary employees are entitled to all benefits extended to regular employees. However, new employees may not take annual leave until they have successfully completed the probationary period. Personal and sick leave may be used by probationary employees at their discretion and in a manner consistent with the policies and procedures defined in this manual. Probationary employees will be evaluated at the end of three (3) months. Evaluations will focus on work performance, attitude, commitment to Tribal endeavors, attendance record, and other relevant job factors stated in the job description. Evaluations will be conducted by the employee's immediate supervisor and will be reviewed and approved by the Tribal Manager. The supervisor shall discuss the results of the evaluation with the employee and be signed by both the supervisor and employee before the evaluation is made part of the employee's record. Unsatisfactory performance will be brought to the attention of the employee during the initial evaluation. Probationary employees must receive at least a satisfactory rating of performance at the end of the probationary period before attaining the status of a regular employee. At the end of the probationary period, the recommendation to retain or dismiss the probationary employee, or to extend the probationary period an additional two months, will be made by the supervisor, subject to the approval of the Tribal Manager. No more than one (1) extension may be given to a probationary employee. Employees who do not satisfactorily complete the probationary period will be dismissed. A letter detailing the reasons for dismissal will be prepared by the Tribal Manager and given to the employee. A copy of the letter will be placed in the employee's personnel file. 3.6. Job Performance Appraisal The job performance appraisal (JPA) is intended to serve several purposes. It is intended to identify and evaluate the employee's strengths and weaknesses and to measure his or her progress. It is also a management tool to assess the employee's potential for promotion and/or pay raise. And it is an attempt to clarify the supervisor's expectations, provide guidance and promote open communication between the employee and supervisor. The following criteria will be standards to measure the performance of the employee in the appraisal:
The initial job performance appraisal will be conducted at the end of the employee's probationary period (refer to 3 .5). Afterwards, each employee will have a job performance evaluation at least once every twelve month based on the anniversary of the employee's date of hire. The job performance appraisal shall be conducted by the employee's immediate supervisor and shall be subject to the approval of the Tribal Manager. A copy of the written report will be provided to the employee. The report will be signed by the supervisor, initialed by the employee and placed in the employee's personnel file. The employee's initials on the evaluation QPA) indicate receipt of the copy and in no way implies that the employee agrees with the said evaluation. The employee may place a counter statement to the appraisal in the personnel file, if so desired. Where an employee requires disciplinary action, the employee may receive an interim JPA for purposes of corrective action. Continuing employment depends upon maintaining a satisfactory level of job performance. 3.7. Continuous Length of Service Continuous length of service for a Tribal employee is that period of employment with the Little River Band that is considered unbroken. Continuous length of service shall be considered as broken for the following reasons:
Time spent on leave of absence shall not be considered to be a break in service. Seniority and fringe benefits will be retained but not accrued. 3.6. Restoration of Length of Service
CHAPTER IV Reprinted Oct. 15,1998 Employee Compensation 4.1.
Compensation Policy All regular employees of the LRBOI are considered salaried employees, unless the terms of such employee's appointment clearly states otherwise. Salaried employees are paid in weekly installments. Salaried employees are required to work 40 hours per week on a regular basis to receive full compensation. Employees working less than 40 hours per week shall receive a prorated portion of the weekly installment for such employee's salary. 4.2. Payroll Procedures Tribal employees will be paid on a weekly basis. The first day of the pay period is Monday and the last day is Sunday. Payroll checks will be issued the Friday following the end of the pay period. All Tribal employees must complete a time sheet for each pay period. Time sheets must be signed by the employee and his/her immediate supervisor. Each supervisor is responsible for verifying all subordinates time sheets and submitting them to the Tribal Manager on the Monday following the pay period. The employer takes all reasonable steps to assure that employees receive the correct amount of pay in each paycheck. In the event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the program director or Tribal Manager so that corrections can be made as quickly as possible. It is the policy of the Tribe to distribute paychecks only to the employee in whose name the check issued. Employees who are absent on payday and wish to have someone pick up their check must do one of the following:
4.3 Pay Advances
An employee may receive a payroll advance if the following circumstances
occur: On the next regularly scheduled payday, an employee plans to be out of town: (1) on an authorized travel assignment; or (2) on authorized scheduled leave time. All payroll advance requests must be accompanied by an approved, completed timesheet. Hours may not be recorded on the timesheet for work which has not yet been performed. 4.4. Compensation Schedule The compensation plan shall include a schedule of pay ranges for all classes of jobs. This is referred to as the Job Classification Plan, and it is based on the principle of equal pay for equal work. Employees shall be paid a wage within the established range for the position. Pay ranges shall be determined with due regard to such factors as:
The Job Classification Plan is the grouping
of Jobs which have similar duties, responsibilities and/or qualifications
into specific classes and pay ranges. Each job shall be allocated to
the class and pay range which is most
appropriate based on factors such as those identified above. 4.5. Salary Adjustments Salary increases are based on a combination of factors including Job Performance Appraisals QPA), successful completion of credited training hours, documented completion of certifications, licenses, two, four and postgraduate degrees. Salary increases associated with JPA will only be considered on an annual basis. Based on employees review, 0 to 4% increase will be awarded. Compensation for documented completion of certifications, licenses, two, four and postgraduate degrees will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll.
Compensation for completion of pre-approved job-related training hours will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll. It should be noted that such job-related training is based upon pre-approved training which is outside the scope of study for employees' furthering their educational background by working towards a degree or certificate as outlined above.
The (10) contact hours will equate to one (1) Documented Continuous Credit Hours. Attendance must be preapproved by management and verification of hours attended in sessions will be required from the sponsoring body. Certain positions with the tribe require those candidates' licenses and/or certification (nursing, nurse practitioner, physician's assistant, social work, law enforcement, etc.) in order to work in the position they are applying for. Offers of employment and continuation of employment for such individuals is based upon their ability to maintain their credentials as specified by federal, state and Tribal law in order continue working in these positions. Although such individual employees' are qualified to gain additional increases through documented continuous credit hours and/or furthering their formal education, they are not however allowed credit hours or other allowances that are directly related to maintaining their credentials under which they were hired. 4.6. Cost of Living Increases Cost-of-living increases that alter the Job Classification Plan may be made only by the Tribal Council. 4.7. Overtime Policy It is the policy of the Tribe not to allow an employee to work more than 40 hours in any week. The following options for work scheduling may be provided:
CHAPTER V Reprinted October 15,1998 Work Hours and Schedules 5.1. Work Hours The normal work schedule for all employees is five days a week, nine hours a day which includes a 1 hour meal break. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Each employee's work schedule will be set by his or her supervisor according to the needs of the Tribe and the program. Changes in the work schedule are at the discretion of the immediate supervisor, not the employee. Scheduling, including approval of leave requests and compensatory time, shall ensure that all Tribal administrative and program offices can be open for the transaction of business Monday through Friday of each week, form 8:00 a.m. until 5:00 p.m. Excepted are departments requiring shift work. Lunch Periods and Rest Periods - Each employee shall be allowed a one-hour lunch period daily. Lunch periods shall be staggered so as not to curtail services to the public. Employees may elect, with the approval of their supervisor to take a 30 minute lunch period. In such situations the reporting or leaving time can be adjusted accordingly. Unless required and requested by a supervisor, and employee will not be compensated for the time worked through a lunch period. Employee Responsibility - Employees are expected to conform with the above hours of work, report promptly for work remain until the close of their regular shift. Anyone unable to report for work on time, for any reason, is expected to telephone their supervisor or the Tribal Manager at least 30 minutes prior to the start of their scheduled shift. Tribal employees on field assignments or on travel status are expected to exercise sound judgment in regards to an eight hour working day. Certain grant programs require that working hours be documented through time checks with supervisors or his/her designate. 5.2. Compensatory Time If it is necessary for any employee to work in excess of 40 hours per week, up to 4 hours of compensatory time may be granted by the Tribal Manager or program director. Requests for compensatory time must be approved by the Tribal Manager or program director before an employee accumulates any excess hours during a given work week. Requests for compensatory time must be made in writing, specifying the reason(s) it will be necessary for the employee to work in excess of 40 hours and the date/time the employee wishes to use the compensatory time. Failure to follow these guidelines will result in denial of the request for compensatory time and the employee will not be paid for unapproved compensatory time. The use of compensatory time must be approved in writing by an employee's immediate supervisor or the Tribal Manager, and is subject to cancellation if the employee is needed at work.
An employee may not accumulate more than 4 hours of compensatory time
per week. All compensatory time 5.3. Timekeeping Accurately recording time worked is the responsibility of every employee. Federal regulations require the Tribe to keep an accurate record of time worked. Time worked is all the time actually spent on the job performing assigned duties. The employees must comply with the timekeeping system implemented by the Tribe. Failure to properly comply with the requirements of the timekeeping system can result in disciplinary action. All employees except those excluded by the Tribal Council must record their time through the use of time clock or other method established by the Tribal Manager. Failure to properly utilize the time clock or other method for recording time worked in a proper manner can result in disciplinary action. Tampering, altering, or falsifying time records, or recording time on another employee's time record may result in disciplinary action, including discharge. All employees must submit an approved timesheet to the Tribal Manager and/or accounting department the Monday before payday. An employee who does not submit a timesheet on time must submit an approved timesheet before receiving a payroll check. An approved timesheet must be signed by the appropriate supervisor. CHAPTER VI Reprinted October 15,1998 Benefits, Holidays and Leave
6.1. Employee Benefits All regular full-time, regular part-time, and probationary employees are entitled to certain fringe benefits that are identified in this section. For purposes of entitlement to benefits, regular, full-time employees are defined as those employees working 32-40 hours per week. Regular, part-time employees working less than 32 hours per week are eligible for benefits on a prorated basis as allowed by the specific provisions of the benefit plan. Certain benefits are limited only to full-time employees. Excepting those benefits required by law, all other insurance benefits are subject to the availability of funds. The Tribal Council reserves the right to determine appropriate insurance programs within the constraints of available budgets, or to terminate coverage as circumstances require. Certain employees will be tax exempt because they are Little River Band Tribal members and their positions involve the protection, enforcement, or administration of treaty resources. These employees may have different benefits than other employees. Differences in benefits are noted in these policies. 6.2. Required Benefits All non-tax exempt, regular or temporary, full and part time Tribal employees are provided with standard benefits prescribed by applicable federal and state law. They include Social Security (FICA), Medicare (MEDI), state unemployment insurance (SUTA), and workers' compensation. Employee's contribution to the cost of Social Security coverage is defined by law and is automatically deducted from each paycheck. The Tribe pays all costs for providing Unemployment Insurance and Workers' Compensation. 6.3. Health Insurance All regular full-time and probationary full-time employees may be provided with comprehensive major medical coverage. Employees should refer to the insurance brochure for the limits and conditions of this coverage. All employees must complete an enrollment form during the orientation process, which will identify family members covered by the plan. The cost of this health insurance coverage is paid for by the Tribe. Employees who are separated due to layoff, resignation, dismissal or other separation are covered under the health insurance plan for one (1) month following the date of separation. However, the employee must pay twenty (20) percent of the premium for this coverage, which will be deducted from the final paycheck, unless the employee waives the right to this coverage, in writing. 6.4. Life Insurance All regular full-time and probationary full-time employees may be provided with a term life insurance policy. Employees should refer to the insurance brochure for the limits and conditions of the policy. The cost of this benefit is paid for by the Tribe. 6.5. Short-term Disability All regular full-time employees may be provided with disability insurance coverage. Eligible employees may be covered with short and long term disability coverage. Employees should refer to the insurance brochure for the limits and conditions of the coverages provided. The cost of this benefit is paid for by the Tribe. 6.6. Retirement/Pension Plan
[RESERVED] 6.7. Holidays
The Little River Band recognizes the following designated holidays and
grants time off with pay to all employees.
6.8. Annual Leave
Regular full-time and regular part-time employees are eligible for annual
leave benefits as described below. Up to eighty (80) hours of Annual leave can be carried over from year to year. Unused annual leave in excess of eighty (80) hours expires without compensation. Employees requesting annual leave for more than one day at a time are required to notify and obtain the approval of their supervisor and the Tribal Manager at least one week prior to the anticipated annual leave. Employees requesting annual leave for one day or less are required to obtain the approval of their supervisor at least 48-hours in advance of the anticipated annual leave. No annual leave will be taken in less than 4-hour blocks of time. Upon separation either by layoff, firing, quitting or other separation, the Tribe will pay cash value for accrued annual leave at the employee's current rate of pay. If a holiday falls within an annual leave period, it will not be considered as a vacation day.Annual leave shall not accrue during an employee's leave of absence. In the event a Little River Band program is phased out, employees shall be notified of the effective date the program ends in order that the employee can use all accrued annual leave before the program ends. It shall be the responsibility of the program director or supervisor to notify the affected employees of any such project termination date and the amount of annual leave the employees have accrued. Regular full-time employees shall earn annual leave based upon their continuing length of service with the Little River Band. Annual leave shall be earned according to the following schedule:
Regular full-time and regular part-time employees who work less than 40 hours per week will receive annual leave on a prorated basis. 6.9. Personal Leave To recognize the occasional need by employees to be absent from their schedules for personal purposes the Tribe grants personal leave. Personal leave can be used for any purpose that the employee desires. Typical uses of personal leave might be:
Personal leave replaces sick leave, which is not a form of leave bused by the Tribe. With personal leave, the employee is not required to explain or justify his/her use of the time. This removes the supervisor from any responsibility for determining whether the leave should be approved. As long as the request for personal leave is made directly to the supervisor before it is used, the supervisor is expected to grant the request. However, all employees are forewarned that leave is not automatically granted when they call in or send a message. Employees are asked to make their requests for personal leave with as much advance notice as possible, to allow the supervisor to adjust the schedule. In the case where personal leave is expected by the employee to last for more than one scheduled day, the employee may request the full amount of desired time with one request. If the employee requests personal leave for one day but later decides that s/he will need an additional day (or part of a day), the employee must notify the supervisor of the need for the additional time prior to the regularly scheduled work time. That is, personal leave pay will not be granted for the second day unless the request was received before the beginning of the scheduled work time. The Tribal Manager, with consultation from the personnel manager and supervisor, may grant personal leave payment even though prior notice was not received, and it is expected that such granting shall be for valid emergencies only. Employees are advised to study the section of this policy that requires supervisors to keep track of their employees' use of personal leave to look for patterns of abuse. Through the objective of personal leave is to allow the employee freedom from supervisory prying into the employee's personal life, employees are expected to recognize that the Tribe's goals are important to supervisors. Calculation of Personal LeaveThe Tribe grants 10 days (80 hours) of personal leave to each employee per year. For the purposes of personal leave policy only, the year is from December 1 through the following November 30. Employees already hired as of the effective date of this policy will receive, on the effective date, an amount of personal leave according to a formula determined by the Tribal Manager. Newly hired employees will receive, on their date of hire, an amount of personal leave which represents the unexpired portion of the year through the next November 30. For example, an employee hired with 115 calendar days remaining until November 30 will receive 115/365 of a year's personal leave. Each December 1(or nearest pay period following), all unused personal leave will be paid to each employee at fifty percent (50%) of the employee's current rate of pay. On the same day, each employee will receive a new balance of 10 days (80 hours) of personal leave. Personal leave is not transferable to another employee.Unused personal leave is only paid to employees who work for the Tribe through November 30. Employees who are separated for any reason will not be paid for any balance of personal leave not used. 6.10. Maternity Leave Administration - The Little River Band recognizes that its children are its most precious asset and that the promotion of strong families is critical. With this recognition, the Tribe has adopted the following policies regarding maternity leave. The LRBOI may grant maternity leave to regular full-time employees who have successfully completed the probationary period and who are pregnant. Maternity leave may also be available to male employees needing time off to assist a pregnant spouse.
6.11. Bereavement Leave Bereavement Leave - An automatic three days leave with pay will be granted in the event of death in the employee's immediate family. The term "immediate family" for any purpose shall be defined as follows:
In the event the three days leave granted does not allow sufficient time for attending a funeral, annual leave may be granted. If the employee has no annual leave accrued, a leave of absence may be granted upon approval from the Tribal Manager. 6.12. Leaves of Absence Generally All requests for leaves of absence must be in writing and approved by the Tribal Manager. Leaves of absence shall be without pay and shall not exceed 30 days. When a leave of absence is granted, the employee agrees to return to work immediately at the expiration of the leave period. Failure to return to work shall be considered a resignation from Tribal employment. An employee may request an extension of a leave of absence. This request must be in writing and approved by both the Tribal Manager and the Tribal Chairperson. No sick leave or annual leave shall accrue to an employee during a leave of absence. Time spent on leave of absence shall not be considered a break in service; however, such time shall not accrue toward seniority. 6.13. Military Leave The Little River Band shall observe the provisions of the Federal regulations regarding reemployment rights and leaves of absence in accordance with the Veteran's Reemployment Rights Statute Part III, Chapter 43 of Title 3 8, US Code as amended. Any employee filling "other than a temporary position," who is leaving Tribal employment for the purpose of military service, training or examination is eligible for reemployment rights. A copy of the official military orders should accompany any request for military leave including annual active duty training with Reserve or National Guard components of the US Armed Forces. 6.14. Jury Duty An employee who is called for jury duty or is subpoenaed shall notify the Tribal Manager immediately upon receipt of such notice. If an employee serves on jury duty during normally scheduled work days, the Tribe shall provide payment of the difference of witness fees or jury duty pay, excluding travel expenses, and the employees regular salary upon presentation of a written statement of jury earnings by proper Court officials. 6.15. Educational Leave The Little River Band strongly encourages and recommends the pursuit of continued education. Full-time regular and full-time probationary employees enrolled in higher education classes during the course of normal working hours shall be allowed to attend classes for up to eight hours per week, including travel time, with pay. However, prior to enrolling in higher education coursework, the employee must first consult with their supervisor regarding course selection. Both the supervisor and the Tribal Manager must approve the class [es] selected by the employee that are to be taken during normal working hours. Employees who receive educational leave must submit verification of enrollment to the Tribal Manager. This documentation will be placed in the employee's personnel file. Employees must also verify successful completion of coursework in order to qualify for any additional educational leave in the future. Educational leave for employees will not be permitted to comprise the quantity or quality of work they perform for the Tribe or to unreasonably burden other employees. 6.16. Educational Grants Subject to the availability of sufficient funds, the Employer will offer educational grants to employees to expand educational opportunities, enhance quality employee performance, and to assist employees in achieving required certifications for advancement.
These grants will be made available to all regular, full-time employees
who have passed their one year anniversary date of hire. The grants
will be provided for approved vocational education, undergraduate and
graduate level course work. Employees will be notified of the amount
of funding available, or the number of educational grants
available.
Upon completion of the application and payback agreement, the supervisor will submit the same to the Tribal Chairperson, or his/her designee, for final approval. Educational grants will be awarded as available for no more than two classes per semester/term per applicant. The grant will pay for tuition and books only. Other fees must be paid by the applicant. Applicants are expected to also apply for other scholarships/grants for which the applicant qualifies. If the applicant fails to successfully complete the class with a grade of "C" (2.0) or better for vocational or undergraduate course work or a grade of "B" (3.0) or better for graduate course work, or otherwise fails to comply with the provisions for the payback agreement, the grantee will be required to repay the amount of the educational grant. A copy of the applicant's grade transcript shall be submitted to the employee's supervisor at the end to the term. 6.17. Absence Without Leave Failure by an employee to notify the immediate supervisor or the Tribal Manager in the event of absence will be considered as an unpaid absence without leave. CHAPTER
VII
Amended April 24, 2000 Separations from Employment & Disciplinary Actions 7.1.
Layoffs It is the policy of the Tribe to lay off employees only as a last resort. Every effort will be made to retain employees and to avoid potential lay-offs. At the discretion of the Tribal Ogema and Director of Operations, an employee who is slated to be laid-off may be transferred to another position, within the Tribe for which they are deemed qualified, if such positions are available. Employees will be given a minimum of two (2) weeks notice of layoffThe decision to layoff an employee will be made by the Director of Operations and approved by the Tribal Ogema. The retention of employees in classes of positions affected by layoff shall be based upon a systematic consideration of type of appointment, seniority, and relative efficiency of the employee(s). The order of layoff shall be as follows:
Within these six categories, management shall determine the order of layoff by job performance as measured by the latest written Job Performance Appraisal. Management shall only use seniority in cases of equivalent job performance. 7.2. Resignations
Resignations are accepted upon submission in writing to the immediate
supervisor.
In order to be considered for future rehire, former employees must have resigned in good standing during their previous employment with the Tribe. 7.3. Terminations The Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and employees may be discharged as such without cause. Employees who are terminated will be compensated for accrued annual leave at their current rate of pay.Cause for termination includes, but is not limited to:
An employee's Director may recommend dismissal to the Director of Tribal Operations or Human Resource Director. When the Director of Tribal Operations or Human Resource Director considers it necessary to dismiss or suspend an employee, the reason for such action shall be clearly stated and the following procedures shall be observed:
7.6. Disciplinary Action
Causes - Employees who violate the work rules listed in these policies
are subject to disciplinary action. Notice: In every case of suspension, demotion or dismissal the employee shall be notified in writing. A copy of this notification, which shall include the disciplinary action, the reason for it and its duration, shall be filed in the employee's personnel records for an appropriate length of time.
Application: The seriousness of the infraction, nature of misconduct,
employee motivation and awareness of rules Types of Disciplinary Action
7.7. Personnel Records and Transactions
Transaction: Records will be maintained in the Human Resource Department
of official personnel transactions
including hiring, promotion, suspensions, dismissals and resignations
of all employees. Responsibility: Immediate supervisors shall maintain and verify time and attendance. Employee payroll records shall be maintained and kept on file for all employees in the Accounting Department of the Little River Band Tribal Office. Confidentiality: Employee personnel files and payroll records are confidential and remain under the control of the Human Resource Department and Accounting Department respectfully. Employees may at any time submit a written request to the Human Resource Department for a copy of their personnel file, which will then be provided within a reasonable period of time. CHAPTER
VIII
Reprinted October 15,1998 Grievance Procedure
8.1. Statement of Purpose The Little River Band will do its utmost to insure that working conditions are as pleasant as possible and that each employee receives equal, courteous and fair treatment. The Tribe seeks to secure, at the earliest level possible, fair and timely solutions to complaints or grievances of its employees. This procedure shall be kept as informal and confidential as may be appropriate. 8.2. Grievance Defined A grievance is a dispute, claim or complaint arising under the terms of this policy and fled by a Tribal employee. Grievances are limited to matters of violation, interpretation or unfair applications of this policy. The employee fling a grievance must show how the grievance directly affects him/her. To maintain an effective and orderly procedure it is necessary to follow the grievance procedure as stated below. Failure to do so will forfeit the grievance. 8.3. Grievance Procedure Steps
8.4. Representation
The employee may elect to have legal counsel, at his/her own expense,
at the hearing before the Tribal Court. 8.5. Freedom from Reprisal Employees shall be free to use this procedure without restraint, interference, coercion, discrimination or reprisal. An employee, whether acting in an official capacity for the Little River Band or on any other basis, shall not interfere with or attempt to interfere with another employee's exercise of his/her rights under this procedure. 8.6. Settlement of Grievance Any and all grievances resolved at any step of the grievance procedure as contained in this policy will not be final and binding on the Little River Band, the employee and any and all employees involved in the particular grievance until agreed to by the aggrieved party or decided finally by Tribal Court. 8.7. Processing Grievances Grievances shall be processed from one step to the next within the time limit prescribed in each of the steps. Any grievance upon which a disposition is not made by the employer within the time limits prescribed, or any extension which may be agreed to, may be referred to the next step in the grievance procedure, the time limit to run from the date when time of disposition expired. Any grievance not carried to the next step by the employee within the prescribed time limits or such extension which may be agreed to, shall be automatically closed upon the basis of the last disposition. A grievance, once submitted, shall not be altered. An employee may withdraw his grievance at any time without prejudice. CHAPTER
IX
Reprinted October 15,1998 Conditions of Employment
9.1. Code of Ethics and Work Rules The orderly and efficient operation of the Tribal government requires that certain work rules be established. Work rules covering personal standards of conduct as well as operating procedures are necessary to protect the health and safety of all employees, maintain uninterrupted service and to protect the goodwill and property of the Tribe. All employees are expected to conform to reasonable work rules and ethical standards, exemplified by the following:
The above work rules and ethical standards shall be applicable to all Tribal employees. These rules are not intended to be all inclusive and the Tribal Council shall, when it seems appropriate, establish additional rules to insure the effective operation of the Tribal government. Employees who violate any of the above work rules or ethical standards shall be subject to disciplinary action up to and including dismissal. 9.2. Safety Establishment and maintenance of a safe work environment is the shared responsibility of the employer and employees from all levels of the organization. The employer will attempt to do everything within its control to assure a safe environment and compliance with federal and tribal safety regulations. Employees are expected to obey safety rules and to exercise caution in all their work activities. They are asked to immediately report any unsafe conditions or practices to their supervisor. Not only supervisors, but employees at all levels of the tribal organization are expected to correct unsafe conditions as promptly as possible. All accidents that result in injury must be reported to the appropriate supervisor, regardless of how insignificant the injury may appear. Such reports are necessary to comply with laws and initiate insurance procedures. 9.3. Security Inspections
The Tribe wishes to maintain a work environment that is free of illegal
drugs, alcohol, firearms, explosives, or other improper materials. Desks,
lockers, and other storage devices that may be provided for the convenience
of employees remain the sole property of the Tribe. Accordingly, they,
as well as any articles found within them,
may be inspected by any agent or representative of the Tribe at any
time, with or without prior notice. 9.4. Use of Phone and Mail Systems Employees must reimburse the Tribe for any charges resulting from their personal use of the telephone. Employees must identify personal calls made and provide the Tribal Manager or their immediate supervisor with a list of any personal calls made and make arrangements to pay the amount owed.
Employees must use the phone in a professional and business like manner. 9.5. Use of Tribal Equipment and Vehicles Employees are expected to exercise care, perform required maintenance, and follow operating instructions, safety standards, and guidelines when using Tribal equipment and vehicles. Employees are expected to notify a supervisor if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repair could prevent deterioration of equipment and possible injury to employees or others. 9.6. Conflicts of Interest Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the employer wishes tribal business and activities to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Transactions with outside firms must be conducted within a framework established and controlled by the administrative level of the Tribal organization. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gains refers to bribes, product bonuses, special fringe benefits, unusual price breads, and other windfalls designed to ultimately benefit either the employer, an employee, or both. Promotional plans that could be interpreted to involve gain require specific administrative approval. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of this organization's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that he or she disclose to a supervisory officer or the Executive Director as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established that protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership interest in a firm with which the Tribe does business but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the organization. 9.7. Complaints Against Employees The Tribe recognizes the need for proper resolution of complaints made against Tribal employees by non employees. The following procedure must be followed in the event of such a complaint. It is the responsibility of all employees hearing or receiving a complaint to inform the complaining party of the proper procedure for resolution of such complaints. All complaints against a Tribal employee must be referred to the employee's immediate supervisor.Complaints against employees must be provided in written form to the immediate supervisor. The immediate supervisor will review the incidents or actions in question. The supervisor will gather whatever information or evidence necessary to properly evaluate the complaint. The supervisor will make a decision in writing to both the employee and the individual who made the complaint. The decision may clear the employee of wrongdoing, require changes in the employee's conduct, or result in disciplinary actions as defined in these policies. If the complainant is not satisfied with the decision of the supervisor he or she may bring the complaint to the Tribal Manager for review. The Tribal Manager will review the complaint and the supervisor's decision. The Tribal Manager may uphold or modify the decision and action taken by the supervisor. The decision of the Tribal Manager shall be final. A copy of the complaint and the resulting action(s) must be forwarded to the appropriate office for inclusion in the employee's personnel file. 9.8. Outside Employment Supplementary employment is not encouraged but is permitted under proper conditions. No employee may hold a full-time j ob or its equivalent in addition to their regular employment with the Tribe. Any supplementary part-time employment shall be in work situations which in no way relate to the employee's duties with the Tribe and in no way would prevent the satisfactory fulfillment of their tribal duties. The employee must first secure written approval from both their immediate supervisor and the Tribal Manager prior to engaging in any supplementary employment. Violations of this policy may result in disciplinary action. 9.9. Solicitation of Funds No employees are allowed to solicit funds on behalf of the Tribe without prior written approval from the Tribal Manager. This permission will only be granted for projects and/or programs that were previously approved by the Tribal Council. 9.10. Political Activity Every Employee shall have the right to freely express opinions as a citizen and to vote. Employees are encouraged to participate in political activities at any level of government (Tribal, local, state, etc.) which are not otherwise prohibited by law and conform to the following conditions and restrictions:
Purpose. The purpose of this Chapter is to implement the Tribe's Plan for a drug-free work place, as mandated by section 503 of P.L. 100-71, and to enable the Tribe to better carry out its responsibilities to its members through identification of and assistance to those employees, if any, whose use of illegal drugs on or off duty impairs and impedes their performance of their job responsibilities. Drugs for which individuals are Tested. The Tribe may test for the following drugs:
Sensitive Positions for which Testing is Mandated. Any person employed by the Little River Band of Ottawa Indians as an officer of the law, which empowers said employee to carry sidearms and be certified as a law enforcement officer, shall, as a condition of selection for such position, and as a condition for continued employment, be subject to mandatory testing for the presence of the drugs listed in this section. For those persons currently employed, such testing may occur at least twice each year, upon a schedule designated by the Tribal Council. Random Testing. Any person employed by the Little River Band of Ottawa Indians may be tested at random for utilization of the drugs identified in this section.
Reasonable Suspicion Testing; Grounds. Drug testing of any employee may be required when one or more of the following exists:
Procedures for Reasonable Suspicion Testing. If an employee is
suspected of using illegal drugs, the appropriate supervisor shall gather
all information, facts and circumstances leading to and supporting this
suspicion, and shall < report the material gathered to the Tribal Manager
and Health Director in writing. The report shall detail the circumstances,
including the applicable dates and times of reported drug-related incidents,
reliable and/or credible sources of information, and any other supporting
information. The Tribal Manager and Health Director, upon review of the information provided, shall determine whether reasonable suspicion exists for the employee's use of illegal drugs, and, if the circumstances so warrant, order the employee to submit to a drug test. General Rules for Conducting Drug Tests. The Tribe shall follow the Guidelines for Federal Workplace Testing, established by the US Department of Health and Human Services and published at 53 Fed. Reg. 11959 (Apr. 11,1988), and as they may be amended, and shall ensure that tests are conducted as follows.
Privacy Ensured during Drug Testing. An employee subject to testing shall be permitted to provide urine specimens in private, in a restroom stall or other similar enclosure so that the employee is not observed while providing the sample. Collection site personnel of the same gender, however, may observe the individual provide the urine specimen when such personnel have reason to believe that a particular employee may alter or substitute the specimen provided. Reason to so believe exists when:
Failure to Appear for Testing.
Failure to appear for testing without a deferral, as provided for in
this section, will
be considered refusal to participate in testing, and will subject the
employee to disciplinary action, including
dismissal. If an employee fails to appear at the collection site at
the assigned time, the collector shall so advise
the Tribe's Health Director immediately by telephone. The Director shall
so advise the employee's immediate
supervisor, who shall take disciplinary action, if warranted by the
circumstances. Opportunity to Justify a Positive Test Result. When a confirmed positive test result is received from the testing laboratory, the employee shall be notified in writing, and provided the opportunity to justify the result by submitting evidence that the result could have been caused by the use of a legally prescribed medication. Any such evidence shall be evaluated by the Tribe's Health Director or his/her designated Drug Program Medical Review Officer. Finding of Drug Use and Disciplinary Consequences. An employee who voluntarily admits the use of an illegal drug, or provides a sample which is verified as positive for the presence of an illegal drug, shall not be subject to disciplinary action when the employee obtains counseling or rehabilitation and thereafter refrains from using illegal drugs. Determination of the appropriate rehabilitation/counseling plan shall be made by the Tribe's Health Department or Substance Abuse Program. The employee may contest the recommended plan before the Tribal Council, but must abide by the terms of the plan approved by the Committee for his or her rehabilitation.
Refusal to Take Drug Test Wizen Required. An employee who refuses to be tested when required to do so is subject to the full range of disciplinary actions under Chapter 7, including dismissal. Attempts to alter or substitute a specimen provided is deemed a refusal to take a drug test when required. The employee's supervisor shall be notified of the refusal by the Health Director.
Mandatory Dismissal.
An employee shall be subject to dismissal immediately under the following
conditions.
Employee Assistance Plan Committee.
The development of counseling and rehabilitation programs for Tribal
employees shall be conducted by an Employee Assistance Plan Committee,
which may be composed of the Tribe's Health Department Director, the
Tribe's Physician Assistant, the Tribe's Medical Program Director, the
Tribe's Psychologist, and such other persons deemed appropriate by the
Tribal Council. The Committee shall also provide recommendations from
time to time to the Tribal Council concerning the operation and improvement
of the Tribe's Plan for a Drug-Free Workplace, and shall supervise the
drawing of employee names for random testing selection.
Data supporting the type of information listed in this section shall
be maintained by the Tribe's Health Director.
1. Adoption of Original Policy 3.
Revisions
Adopted February 21,1999 Generally jobs which require little or no training, no education minimum, Includes summer youth positions, untrained clerks and typists, custodians, maintenance workers. Level 2 - Basic servicesNon-supervising positions in organization support and client service, such as secretarial, clerical, data entry, reception, medical records, untrained community health representatives or outreach workers. May include uncertified law enforcement officers in training. Level 3- Program Coordinators and Directors, Law Enforcement OfficersResponsible to run programs, meet with Committees, may be supervisors. Includes sworn law enforcement officers, purchasing agent, office manager, enrollment officer, trained community health ~ representatives or outreach workers. Level 4 - Executive and SupervisoryDuties include reports to Tribal Manager, supervise staff, oversee multiple programs. Certain positions might require licenses and /or degrees. Includes health director, family services director, law enforcement captain, conservation enforcement captain. Level 5- Administrative and ProfessionalDuties include reports to Tribal Manager and Tribal Council, organization-wide decision-making. Certain positions might require licenses and/or degrees.
The starting wage for a Level is the lowest wage to be offered. The top of the starting - wage range is 30% higher than the lowest wage. The actual starting wage for one employee is negotiable within the range. Each job posting shall be for a specific Level. All newly-hired employees shall begin at Step 1 within the job's Level at a specific hourly rate negotiated at hiring Starting wages in excess of the maximum may be negotiated between the employee and the Tribal Manager, but in no case shall the negotiated wage exceed the maximum by more than 5%. Future increases are not negotiated at hiring: instead, the wage grid is applied. All Step 1 positions are probationary (that is, continued employment is conditional on favorable performance evaluation). However, existing employees who accept a job at a higher Level as Step 1 retain the right to their previous [lower level] position if the probationary evaluation is unsatisfactory. This is encourage employees to improve themselves and strive for higher Level position without risk to employment.
The range of percentages in the wage grid (from 0 to 4 percent at any Step) is the range of increase that may be applied over the actual wage rate from the previous Step. After the performance appraisal is completed, the supervisor and the tribal Manager or Assistant Manager shall agree to an overall rating of one of the following, with corresponding increase to be granted:
There is no maximum number of Steps for any Level. The grid is understood to be expanded to as many Steps as needed: every Step is a range of zero to four percent (0-4%) increase over actual wage. To determine an employee's new rate of pay when advancing one Step, multiply the old wage times the percentage determined between the supervisor and the tribal Manager as described above, and add the result to the old wage. Other than the first Step, the waiting time between steps is normally twelve months. The Tribal Manager shall have the discretion to request performance evaluations by the supervisor in shorter periods of time ("short Steps") for exceptional performance, whether exceptionally good or exceptionally poor. However, any one employee shall not receive two short Steps in a row: after receiving a short Step, the twelve-month wait for the next evaluation is mandatory.
Each year on March 1 and September 1, the controller shall present to the Tribal Manager a proposal for cost of living adjustment to be based on the consumer price indices for January and July respectively. After confirmation of accuracy and adequate budget, the Tribal Manager shall order a percentage adjustment to all current employees' rates of pay and to the wage grid. Such percentage is the permanent increase in each employee's rate of pay and in the lower-limit rate of pay in Step 1 of the Wage Grid for each Level. (Cost) of living allowances therefore require a revision of the wage grid's Step 1 column.) Since the upper-limit, rate of pay in Step 1 is defined as thirty percent (30%) higher than the lower limit, the upper limit is automatically redefined when a cost of living increase is granted. Wage Grid's Relationship to Performance Evaluations The probationary period (three months, per personnel policy, in Step 1) is ended only upon completion of a satisfactory-or-better performance evaluation by the supervisor. This performance evaluation is expected to be completed shortly after three months from the hire date. However, failure of the supervisor to complete the evaluation in a timely manner shall not constitute agreement that the employee has completed the probation. If an employee is moved to the next Step, the effective date shall be based on the due-date of the performance evaluation (not the actual completion date).
There are three actions which may occur at the end of an employee's
probationary period (first three months).
Extension of the probationary period requires the approval of the Tribal
Manager and may be done only once. An extension will require a written
plan for improvement which must be accepted by the employee. Unsuccessful
completion of the extended probationary period will result in termination
except for an employee who had a previous position at a lower level:
such employees may elect to return to their previous position.
These amounts listed are after the COLA was added to all levels. (Effective September 1,1999)
Policies
General Standard The objective of these policies and procedures is to assure that the Tribe acquires needed goods and services at a fair market prices or better. If there are any benefits from purchasing from a particular source, such benefits should accrue to the Tribe and not to the purchasing agent or other person(s) making the purchasing decision. Applicability The general standard shall apply to all purchases or acquisition of goods or services, regardless of dollar value. The specific policies and procedures to be used for any purchasing decision depend on the dollar-value of the purchase as follows:
Examples of small purchases include disposable office supplies (paper, pens, file folders, staplers, message pads, postage), office cleaning supplies, some software, small equipment (wastebaskets, file cabinets, chairs), short-term contractual services, and overnight lodging. For managerial control, conference registration and airfare purchases are specifically reclassified as "medium" purchases regardless of dollar value.
No employee below the level of program coordinator or director shall
place orders or in any other way commit the Tribe or its programs to
purchase goods or services. The involvement of program coordinators
and directors is normally limited to preparing a requisition for fulfillment
by the purchasing agent (if any) or office manager. Such requisition
will specify any special requirements and may suggest a source or sources.
It will also specify the program and expense line-item to which the
purchase shall be charged. The purchasing agent or office manager has the authority and responsibility to place orders to fill requisitions in the small-purchases range. Orders are not to be placed by program coordinators or directors except as allowed by the purchasing agent or office manager for specific occasions (for example, to allow the program coordinator to talk directly with the vendor about specifications while placing he order). The purchasing agent or office manager may elect to acquire frequently-ordered goods in larger quantities and to create a stock of such items in order to buy at favorable prices. Such extra stock will not be charged to programs until requisitioned by the programs. Orders of small items totaling more than $500 for this purpose will be considered "medium" purchases requiring the approval of the Tribal Manager. Medium Purchases (generally $500.01 to $2,500.00) Example of medium purchases include computer equipment and large office equipment (printers, heavy file cabinets, typewriters), multi-day contractual agreements, all airfare regardless of value, all conference registration regardless of value, some software, and bulk purchases of small items to create a stock from which to fill requisitions by programs. Program coordinators and directors may prepare requisitions for fulfillment by the purchasing agent (if any) or office manager. Such requisition will specify any special requirements and may suggest a source or sources. It will also specify the program and expense line-item to which the purchase shall be charged. The purchasing agent or office manager may not place orders to fill medium-purchase requisitions unless such requisitions are approved by the Tribal Manager. The purchasing agent will normally locate more than one potential source for goods and services in this dollar range and present the information to the Tribal Manager for decision-making. The Tribal Manager may, at his/her discretion, require evidence from program coordinators or directors of the direct relationship between requested purchases and the goals of the funding program. Examples of situations where such evidence might be required are conference registrations and equipment purchases. Large Purchases (generally over $2,500) Examples of large purchases include computer systems, long-term training and conference registrations, and contractual agreements. The duty of the purchasing agent or office manager in large purchases is to collect information to assist the Tribal Manager in presenting the proposed purchase to the Tribal Council. While the program coordinator or director may prepare the requisition which initiates the purchase process, only the Tribal Council can approve a large purchase. Whenever practical, bids shall be obtained and a summary report comparing the bids will be presented to the Tribal Council. If a contractual agreement for personal services is proposed, the Tribal Manager may expect to justify the recommendation that a particular person has been chosen, and a sample contractual agreement (contract) shall be presented. The Tribal Council may approve a contractual agreement by resolution authorizing the Tribal Manager to sign, or the Council may choose to directly affirm a contract.
The purchasing process for all acquisitions of goods and services begins with the preparation of a requisition. A sample is attached. The following elements of a requisition are required to be completed before the requisition may be accepted by the purchasing agent or office manager:
The following items are optional (but recommended):
The program coordinator may wish to retain a photocopy of the requisition for the program files, as the original will be kept by the purchasing agent. Upon receipt of the properly-completed requisition, the purchasing agent or office manager will attempt to locate the best source for obtaining the item(s) "Best" does not necessarily mean least expensive: availability, urgency, and suitability to use are some of the factors which the purchasing agent may consider.
A purchase order is prepared (sample attached). The signature on the
purchase order will depend on the size of the order as defined in the
policy. "Small" orders may be signed and placed by the purchasing agent
or office manager. "Medium" orders require the signature of the Tribal
Manager. "Large" orders require approval by the Tribal Council. The completed purchase order may be mailed as the original order, or it may be used to confirm a telephone or fax order (in which case it shall be marked "TO CONFIRM TELEPHONE/FAX ORDER"). The original should be mailed and a copy shall be retained in a file, attached to the original requisition, pending receipt of the goods and vendor invoice.
When the goods are received, the receiving party should initial the
packing slip (if any) which will be attached to the copy of the purchase
order and the original requisition. When the invoice is received, the
purchasing agent or office manager matches it to the purchase order
copy and verifies that the items received were the items ordered. The
combined documents are then sent to the accounting department for payment.
NOTE: If the original requisition was properly signed by the program
coordinator or director, then NO CHECK REQUEST IS REQUIRED for processing
by the accounting department. That is, the program coordinator's signature
on the original requisition authorizes the charge to the program, and
the purchasing agent's signature on the packing slip
indicates receipt of the items.
Blank, unsigned requisitions have no value and do not need to be pre-numbered
or otherwise accounted for. Purchase orders shall be pre-numbered and
logged in a purchases register, which may be computerized, written,
or typed. The purchases register shall be capable of showing the current
status of all purchase orders as either open, awaiting invoice, or closed.
Purchase orders sent to the accounting department for payment but not
yet paid shall be considered closed for the purposes of this register.
(This relieves the purchasing agent of the responsibility of getting
the check written.) The accounting department may periodically prepare
a list for the purchasing agent of checks written to pay purchase orders:
check numbers should then be added to the purchases register. In situations where the requisitioned items are already in stock, the requisition may serve as an internal transfer charge advice. No purchase order will be required in this circumstance, and the program coordinator's signature will serve as authorization to charge the appropriate program with the value of the goods transferred from stock to the program. The purchasing agent indicates on the requisition that it was "filled from stock" and sends the requisition to the accounting department for the bookkeeping entry to charge the program and credit the stock account. Special Circumstances: Contractual agreements Contractual agreements to fulfill functions of a Tribal program maybe written either by the contractual consultant or by the Tribe (usually the Tribe's attorney) but in either case must be approved by the Tribal attorney for legal correctness. Such agreements shall explicitly indicate, as a minimum, the following items:
For purposes of determining the size of the purchase, the maximum dollar amount listed above in item 4 shall be used. That is, if the maximum dollar amount of the contract is between $500.01 and $2,500.00, the Tribal Manager may sign the contract. Contracts above that range require Tribal Council approval, and contracts below that range may be signed by the program director or coordinator after the purchasing agent and attorney approve.
adopted by Tribal Council, April 14,1996 Revised Edition - Council Approval
April 24, 2000 For travel on Tribal business, the Tribe expects to reimburse its employees, Tribal Council and committee members at a fair rate which covers the approximate actual costs. The mileage rate, meals & incidental expenses (M&IE) rate, and lodging rates allowed under Federal Travel Regulations (FTR) are presumed to be the fair rates.
When using a personally-owned vehicle (POV), mileage will be reimbursed
at the appropriate FIR rate based on odometer readings. When using a
Tribally-owned vehicle, only the actual expenses of fuel, oil, maintenance,
parking, and tolls will be reimbursed. When using a rental vehicle,
only the actual expenses of the rental, fuel, parking, and tolls will
be reimbursed. Travel within the Tribe's service area should not normally require an overnight stay. Mileage will be reimbursed only for miles actually driven by specific vehicles. (That is, mileage will not be paid for trips not taken or for vehicles not driven: persons sharing a ride will not be paid mileage expenses that they did not incur.) The only allowable expense for travel within the service area is mileage. Mileage reimbursement is normally based on actual odometer readings. Such readings are the responsibility of the person claiming the expense. Odometer readings are considered evidence that a trip actually occurred. Failure to retain odometer readings will not invalidate a claim for mileage reimbursement unless such failure becomes habitual. Trips involving air travel will be arranged by the purchasing agent whenever practical, with bills paid directly by the Tribe. Expenses paid by the employee and reimbursable by the Tribe include mileage to and from the airport, meals & incidental expenses (1\4&IE), lodging, taxicabs, and car rental if more than one employee is on the trip. Travel advances will normally be made by the Tribe when overnight travel is planned. The employee is expected to close out travel advances within three business days after return by submitting the documentation needed to determine whether the Tribe owes additional funds to the employee or the employee owes funds back to the Tribe. Procedures Overview The easiest way to prepare a travel expense request is to determine which type of travel is being taken and complete the appropriate form. Refer back to this section if further explanation is required. The types of travel are:
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