TITLE
6 - GOVERNMENT EMPLOYEES
| Chapter |
Section
|
| 1.
Personnel Policy Manual |
1
|
| 2.
Senior Executive Staff Policies |
1001
|
Cross
References
Administration
Policy Board, see 4 MLBSA § 8.
Band government identification cards, see 22
MLBSA § 308.
Employee credit union, see 17 MLBSA § 1
et seq.
Personal income tax, see 22 MLBSA § 701.
Suits against Band officials, see 24 MLBSA
§ 701.
Violation of orders or opinions, see 24 MLBSA
§ 1212.
CHAPTER
1
PERSONNEL POLICY MANUAL
| Subchapter |
Section
|
| I.
General Provisions |
1
|
| II.
Employment and Retention |
101
|
| III.
Benefit Policies |
201
|
| IV.
Federal Regulations |
301
|
Historical
and Statutory Notes
Band Statute
1099-MLC-8, Article 5, § 1 provides in part:
"Severability.
If any provision of these Personnel Policies or the application there
of to any person, business, corporation or circumstances is held invalid,
the invalidity shall not effect other provisions of the application
of the total policy which can be given effect without the invalid provision
or application; to this end the Personnel policies are declared severable.
The Court of Central Jurisdiction shall liberally construe the provisions
of these Personnel Policies so as to effectuate their purposes."
Cross
References
Employee parking,
see Admin.Comm.Order 22-85.
Gaming Commission employees, compliance with provisions of law, see 15
MLBSA § 403.
Code of Federal Regulations Staffing with Bureau of Indian Affairs employees,
see 25 CFR 275. 1 et seq.
SUBCHAPTER
I
GENERAL PROVISIONS
Section
1. Purpose.
2. Interpretation.
3. Attachments.
4. Duration.
5. Amendments.
6. Definitions.
7. Civil rights.
8. Exempt personnel.
9. Organizational charts.
10. Trade involving employees and appointees of the Mille Lacs Band.
11. Leases of restricted lands under jurisdiction of Band.
§ 1. Purpose
The purpose of this Chapter, the Personnel Policy Manual, is to establish
an administrative body of law for employees of the Mille Lacs Band of
Chippewa Indians. All employees should familiarize themselves with its
contents.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 1.
§ 2. Interpretation
All policies and procedures outlined in this chapter shall be subject
to the interpretation of the Administration Policy Board; provided that
exemptions in any other section of this chapter or of Band Statute shall
apply.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 2.
§ 3. Attachments
Any proposed attachments to this Personnel Policy Manual shall be put
in writing, then forwarded to the Commissioner of Administration. The
Administration Policy Board shall have sufficient authority to review
a proposed attachment. Should the Chief Executive approve the aforementioned
proposed or any other proposed attachment it shall be integrated into
this manual. It shall be obligatory for the Commissioner of Administration
to number each attachment consecutively and all affected employees shall
receive notification of attachments within seven (7) calendar days of
integration.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 3.
§ 4. Duration
This
manual must be reauthorized on an annual basis to coincide with the
Band's fiscal year. The Commissioner of Administration shall recommend
any changes of this manual to the Chief Executive no later than sixty
(60) calendar days prior to the commencement of the Band's fiscal year.
The Chief Executive's annual recommendation is subject to Band Assembly
ratification.
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Art. 1, § 4.
§ 5. Amendments
The Administration Policy Board fully reserves the right to alter, amend,
or repeal the several provisions of these Policies, subject to ratification
of the Band Assembly. The Commissioner of Administration shall notice
the Speaker of the Assembly within two weeks of the proposed amendment.
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Art. 1, § 5.
§ 6. Definitions
In this Personnel Policy Manual the following terms shall have the following
definitions:
(a)
Administration. A major functional unit of the Executive Branch
that manages the day to day operations of the Band's contracts.
(b)
Administration Policy Board. A board in which the members are
the Commissioner of Administration, Assistant Commissioner of Administration,
Commissioner of Education, Commissioner of Health and Human Services,
and Commissioner of Natural Resources. Its powers are to the extent
of Band Statutes.
(c)
Advancement. A salary increase within the limits of a pay range
established for the position.
(d)
Assistant Commissioner of Administration. A Commissioner who handles
the duties and responsibilities of the Commissioner of Administration
upon delegation by the Commissioner of Administration. Other duties
of this person include Commissioner duties of other administrations
with that Commissioner's delegation.
(e)
Band Assembly. The legislative branch of tribal government. Elected
assembly consisting of Speaker of Assembly and representatives from
Districts I, II and III.
(f)
Band Statute. Tribal laws duly authorized.
(g)
Chief Executive. Elected head of Executive Branch who delegates
his authority to his appointees.
(h)
Commissioner of Administration. A Commissioner who is to chair
the Administration Policy Board and prepare the agenda. Perform other
duties as prescribed in this Personnel Policy Manual and in Band Statutes.
(i)
Commissioner of Education. A Commissioner who is in charge of
the Education Administration and is the supervisor to the Contracting
Officers and employees of the Education Administration. Other duties
are further delineated in the Band Statutes.
(i)
Commissioner of Health and Human Services. A Commissioner who
is in charge of the Human Services Administration and is the supervisor
to the Contracting Officers and employees of the Human Services Administration.
Other duties are further delineated in the Band Statutes.
(j)
Commissioner of Natural Resources. A Commissioner who is in charge
of the Natural Resources Administration and is supervisor to those
employees of the Administration. Other duties of this Commissioner
are further delineated in the Band Statutes.
(k)
Compensatory Time. Compensatory time shall be considered as time
worked in excess of the regularly scheduled workday or workweek. Employees,
which had been previously authorized in writing by the appropriate
Commissioner. Positions having this authorization must be filed with
the Commissioner of Administration.
(l)
Continuous Service. Uninterrupted employment by the Band from
fiscal year to fiscal year. Any leave by employee does not constitute
a break in service.
(m)
Contracting Officer. Any employee designated by a Commissioner
to be empowered with certain contract responsibilities.
(n)
Corporate Commission. A five (5) member commission duly empowered
by Band Statute to have jurisdiction over any and all matters pertaining
to commercial enterprise of the band.
(o)
Demotion. A transfer of an employee to a position which has a
lower rating or salary range.
(p)
Disciplinary Action. Imposition of certain personnel actions,
e.g. reprimand, warning, suspension, dismissal, demotion, as a result
of conduct detrimental to the Band.
(q)
Dismissal. Termination of employment for just cause.
(r)
Duty Day. Any day which an employee is scheduled for work.
(s)
Employee. Anyone who is employed with the Band through the hiring
process.
(t)
Fiscal Year. Twelve (12) month period beginning October 1 and
ending September 30.
(u)
Full-Time Employee. An employee who works a minimum of thirty
(30) hours per payroll period.
(v)
Grievance. A complaint filed by an employee for an alleged injury,
injustice or wrong which initiates a process to seek relief.
(w)
Housing Executive Director. The executive who directs day-to-day
activities for the Housing Authority.
(x)
Intergovernmental Transfer. A change of an employee from one position
to another in a different administration.
(y)
Lay-Off. A separation from employment because of organizational
changes, lack of work, lack of funds, or other reasons not reflecting
discredit upon an employee.
(z)
Leave. Any absence during any scheduled duty day by an employee
authorized by their supervisor or by this manual.
(aa)
Part-Time Employee. An employee who is employed regularly for
less than the minimum number of working hours (less than 30 hours),
but who normally follows predetermined, fixed pattern of working hours.
(bb)
Personnel Action. Any action taken with reference to compensation,
promotion, transfer, lay-off, dismissal, or other action affecting
the status of employees.
(cc)
Probationary Period. A working test period of ninety (90) days
during which an employee is required to demonstrate his fitness for
the duties to which he is employed by actual performance of the duties
of this position. A probationary employee is subject to termination
due to just cause.
(dd)
Promotion. The change of position for any employee to higher rating
or salary range.
(ee)
Public Service Contracts. Any contract entered into by the Band
for the provision of services to its members.
(ff)
Regular Employee. An employee who is retained on an annual basis.
(gg)
School Board. A five (5) member board duly empowered by Band Statute
to exercise jurisdiction in educational matters of the Band.
(hh)
Supervisor. Any person who directs the work of others.
(ii)
Suspension. Temporary separation of an employee from Band service
for disciplinary purposes.
(jj)
Temporary Employee. An employee who has been employed for a limited
period usually less than thirty (30) days.
(kk)
Termination. A termination is when an employee resigns or is discharged
from employment.
(ll)
Workday. The regularly scheduled workday shall be eight (8) hours.
(mm)
Workweek. The regular scheduled workweek shall be Monday through
Friday eight (8) hours per day, unless modified by Commissioner.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 5.
§ 7. Civil rights
The provisions
of Article XIII of the Constitution of the Minnesota Chippewa Tribe
and 1 MLBSA § 1 et seq.,
regarding the basic civil rights of persons located on lands subject
to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians, are applicable to all employees of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 5.
§ 8. Exempt personnel
(a) The
following positions shall not be subject to the provisions contained
herein.
(1)
The Chief Executive.
(2)
Members of the Band Assembly, including Speaker of the Assembly.
(3)
Justices of the Court of Central Jurisdiction.
(b) The
appointees of the Chief Executive shall be obligated to perform any
duty contained herein but will be exempt from these personnel policies
subject to the limitation of applicable Band Statutes.
(c) Any
employee hired under contract is hereby not affected by these policies.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, §§ 5, 6.
§ 9. Organizational charts
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 7.
§ 10. Trade involving employees and appointees
of the Mille Lacs Band
Government employees are not to trade with any entity of the Band except
in certain cases. No person employed in the civil service of the Mille
Lacs Band shall have any interest or concern in any trade with any entity
of the Band except for an on account of the Mille Lacs Band; and any
person offending herein shall be liable to a penalty of $500.00. Pending
the promulgation of regulations prescribing in more detail the transactions
authorized by the Act of June 19, 1939, United States Code, (See, now,
18 U.S.C.A. § 437 (b)) employees of the Mille Lacs Band,
including those employed in political sub-divisions of the Mille Lacs
Band, may be permitted to trade with any Band member or Band organization
under the conditions specified below:
(a)
Employees of the Mille Lacs Band, including those in the employ of
political sub-division thereof, may, with the approval of the Chief
Executive in each case where the amount involved exceeds $500.00 and
with the approval of the Chief Executive where the amount involved
does not exceed $500.00, be permitted to purchase from any Band member
or Band organization any arts and crafts or any other product, service
or commodity produced, rendered, owned, controlled or furnished by
any Band member or Band organization. Provided that no employee of
the Mille Lacs Band shall be permitted to make any such purchases
for the purposes of engaging, directly or indirectly, in the commercial
selling, reselling, trading or bartering of said purchases by the
said employee.
(b)
Employees of the Mille Lacs Band, who are enrolled members of Mille
Lacs Band, may be members in the same manner as other Band members
of the Non-Removable Mille Lacs Band of Chippewa Indians not so employed
and receive benefits by reason of their membership in such Band or
corporation or cooperative associations, organized by and operated
for the Non-Removable Mille Lacs Band of Chippewa Indians. Such Band
member government employees may engage in all lawful transaction with
band members, the Non-Removable Mille Lacs Band of Chippewa Indians
and such corporations or cooperative associations. None of the transactions
authorized herein may be entered into by such employees for the purpose
or engaging, directly or indirectly, in selling, releasing, reading,
bartering or passing on in any other way for profit the objects, rights,
services or property thus acquired. Nothing in this section shall
prevent in proper cases the disposition of any such property when
such transaction cannot be considered as actually engaging in any
of the business prohibited in this Section. All transactions authorized
herein to be valid must be approved by the Chief Executive upon ratification
by the Band Assembly.
(c)
The purchase of small quantities for home use or consumption by Government
employees or other, of blankets, baskets, etc., and articles of subsistence
offered for sale by any entity of the Band, is held not to constitute
trading with Band members.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1. § 8.
Cross
References
Procurement, standards of conduct, see 7 MLBSA
§ 4.
Senior Executive Staff appointees, avoiding conflict of interest, see
6 MLBSA § 1007.
§ 11. Leases of restricted lands under jurisdiction
of Band
Leases of trust or restricted lands under the jurisdiction of the Non-Removable
Mille Lacs Band of Chippewa Indians or from Band member employees of
the Mille Lacs Band must be made on sealed bids unless the Chief Executive
upon ratification by the Band Assembly waives this requirement on the
basis of a full report showing: the need for the transaction, the benefits
accruing to both parties and that the consideration for the proposed
transaction shall be not less than the appraised value of the lands
or leasehold interest unless the Indian employee qualifies and is intending
a transaction in accordance with this chapter. An affidavit as follows
shall accompany each proposed land transaction:
I, ________________________
(name), _________________ (title), swear (or affirm) that I have not
exercised any undue influence nor used any special knowledge received
by reason of my office in obtaining the (grantor's, purchaser's, vendor's)
consent to the instant transaction.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 9.
Cross
References
Procurement, standards of conduct, see 7 MLBSA
§ 4.
Senior Executive Staff appointees, avoiding conflict of interest, see
6 MLBSA § 1007.
SUBCHAPTER
II
EMPLOYMENT AND RETENTION
Section
101. Contract obligations.
102. Evaluation and review.
103. Summary dismissal.
104. Just cause for termination.
105. Termination procedure.
§ 101. Contract obligations
All contract awards to the Band must be filed immediately with the Chief
Executive, or if he so designates, the Commissioner of Administration.
After approval of personnel positions necessary to implement contract
obligations obtained through the Administration Policy Board. The following
hiring process shall be utilized to insure the employment of the most
qualified individuals for service to the Band:
(a)
Upon notification of contract award the Commissioner of Administration
or any designated executive shall develop a job position description
listing qualifications and expectations of the position.
(b)
Authorized job position description shall be announced at all three
districts in public place for a period of ten (10) days prior to closing.
(c)
All applicants will be reviewed to ascertain their qualifications
for the position. Qualified applicants shall be notified for interviews.
Interviews will be conducted by the Commissioner of Administration
and/or appropriate empowered executives.
(d)
The most qualified applicant shall be recommended to the appropriate
Board/Commission for hire.
(e)
The appropriate Board/Commission must review their decision within
seven (7) days with the Chief Executive. The Chief Executive may overturn
that decision for just cause. Any employee who has their hiring overturned
in said manner shall be immediately terminated and compensated for
actual time worked. Any applicant may request in writing to the Administration
Policy Board an explanation for their non-selection. The Court of
Central Jurisdiction may exercise jurisdiction to hear matters of
applicant grievance, provided: if grieved applicant shows that a Commissioner's
or Executive's action violated these personnel policies, or; if grieved
applicant shows that any violation of their civil rights occurred
as defined by 1 MLBSA § 1
et seq., or; if grieved applicant shows that any action of a Commissioner,
Policy Board, or Commission exceeded their statutory authority.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 2, § l.
Cross
References
Administration Policy Board powers and duties, see 4
MLBSA § 8.
§ 102. Evaluation and review
(a)
Evaluations. Evaluations will be done on all employees ninety
(90) days into the Band's fiscal year. The supervisor of an employee
will also conduct an evaluation prior to end of the Band's fiscal
year. Probationary employees are subject to evaluations at any time
during their probationary period.
(b)
Annual review. Each Band employee is subject to an annual review
at the end of each fiscal year and the supervisor may at his discretion,
recommend the continued employment of current employees. If the employee
has a negative review at the end of the fiscal year, the supervisor
may:
(1)
Terminate the employee provided the employee has received a verbal
reprimand and a written warning during the fiscal year. The employee
shall have the right for a post-termination hearing pursuant to
6 MLBSA §§ 104 and 105.
(2)
Issue a written warning to the employee if the employee has received
a verbal reprimand during the fiscal year pursuant to 6
MLBSA §§ 104 and 105.
(3)
Verbally reprimand the employee pursuant to 6 MLBSA
§ 103.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 1, § 5, Art. 4, § 1.
§ 103. Summary dismissal
(a) An
employee is subject to an immediate Summary Dismissal if a supervisor
has a reasonable belief that the employee has committed one of the
following acts while on duty. However, this list shall not be considered
exclusive:
(1)
An offense against another person:
(A)
Assault.
(B)
Battery.
(C)
Sexual assault.
(2)
An offense against property:
(A)
Theft (including embezzlement).
(B)
Robbery.
(C)
Unauthorized use of a vehicle (including driving without insurance).
(D)
Burglary.
(E)
Arson.
(F)
Receiving stolen property.
(G)
Vandalism.
(3)
Miscellaneous offenses:
(A)
Forgery.
(B)
Obtaining a signature by deception.
(C)
Bribery.
(D)
Criminal impersonation.
(E)
Improper influence of official
(F)
Obstruction of Band administration.
(G)
Obstruction of justice.
(H)
Tampering with a public record.
(I)
Falsification of documents.
(4)
Alcohol related offenses:
(A)
Intoxication on the job.
(B)
Selling alcohol to persons under the age of 21.
(5)
Controlled substances:
(A)
Possession of controlled substances.
(B)
Sale of controlled substance.
(b) A
hearing before the Administration Policy Board will be held within
five days of a Summary Dismissal upon the employee's written request.
Employees shall have the right to counsel and the right to present
testimony and evidence. The Administration Policy Board shall serve
as the finder of facts. In the event the employee does not exercise
this option, the supervisor shall notify the individual of termination.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 4, § 2.
Cross
References
Administration
Policy Board, powers and duties, see 4
MLBSA § 8.
Assault, see 24 MLBSA § 1101.
Battery, see 24 MLBSA § 1102.
Bribery, see 24 MLBSA § 1204.
Compliance with Drug-Free Workplace Act of 1988, see Admin.Comm. Order
35-90.
Controlled substances, possession or sale, see 23
MLBSA §§ 3, 4.
Disorderly conduct, see 24 MLBSA §
1253.
Embezzlement, see 24 MLBSA § 1153.
Forgery, see 24 MLBSA § 1156.
Fraud, see 24 MLBSA § 1154.
Impersonating tribal officer or other person in authority, see 24
MLBSA § 1213.
Injury to public property, see 24 MLBSA
§ 1201.
Liquor violations, see 24 MLBSA §
1258.
Malicious mischief, see 24 MLBSA §
1160.
Motor vehicles, operation without insurance, see 19
MLBSA § 302.
Obstruction of justice, see 24 MLBSA §
1208.
Open Bottle Law, see 19 MLBSA § 306 [Digitizer's note: Section
not in digital copy].
Operation of motor vehicle under influence of alcohol or controlled
substance, see 19 MLBSA § 305.
Receiving stolen property, see 24 MLBSA
§ 1158.
Theft, see 24 MLBSA § 1152.
§ 104. Just cause for termination
Just cause
for termination shall be as follows:
(a) All
infractions listed in 6 MLBSA § 103.
(b) Behavior
problems:
(1)
Intoxication on the job.
(2)
Absence from work without permission.
(3)
Being habitually late or tardy.
(4)
Being wasteful of materials or property.
(5)
Inability to interrelate with co-workers in a peaceful manner.
(6)
Insubordination problems.
(c) Work
procedure problems:
(1)
Failure to follow orders of a supervisor.
(2)
Failure to perform work in an efficient manner.
(3)
Failure to carry liability insurance for a vehicle used for Band
business.
(4)
Operating a Band vehicle without a Minnesota driver's license.
(5)
Failure to comply with the terms of a grant or contract.
(d) Miscellaneous
problems:
(1)
Disrupting other Band programs.
(2)
Conduct unbecoming an employee while on duty.
(3)
Conviction of a felony under Band, State or Federal law while an
employee of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8 Art. 4 § 3.031.
Cross
References
Compliance
with Drug-Free Workplace Act of 1988, see Admin.Comm. Order 35-90.
Gaming during regular working hours, see Admin.Comm. Order 45-92.
Political activity by Band employees, see Admin.Comm. Order 58-94.
§ 105. Termination procedure
Supervisors
may terminate employees after the following steps are taken except if
a violation of 6 MLBSA § 103:
(a)
Verbal Reprimand: The supervisor must orally explain the behavioral
or work procedure problem which he is experiencing with the employee.
The supervisor should provide a means to remedy the problem.
(b)
Written warning: The supervisor must explicate the specific problem
in writing and present the statement to the employee.
(c)
Termination notice: The supervisor must state the specific reason
for termination on the notice. Termination notices may only be sent
subsequent to a verbal reprimand and a written warning.
(d)
Post-termination hearing: An employee shall have the right to
an administrative hearing within two weeks following the serving of
the Termination Notice. Employee shall have the right to counsel and
the right to present testimony and evidence. The Administration Policy
Board shall serve as the finder of facts.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 4 § 3.
SUBCHAPTER
III
BENEFIT POLICIES
Section
201. Compensation.
202. Fringe benefits.
203. Sick leave and annual leave.
204. Retention and transferability of sick leave and annual leave.
205. Holiday leave.
§ 201. Compensation
All employees shall be compensated for work done satisfactorily. Prior
to commencement of the fiscal year, the Commissioner shall compile a
job classification and salary schedule for the Chief Executive's review.
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Art. 3, § 1.
Cross
References
Fiscal year, see 2 MLBSA § 19 [Digitizer's note: Section not in
digital copy].
§ 202. Fringe benefits
Fringe benefits shall be Workman's Compensation Insurance, health and
life insurance, F.I.C.A. (Federal Insurance Contribution Act), B.U.E.P.
(Band Un-employment/employee Plan).
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Art. 3, § 2.
§ 203. Sick leave and annual leave
The rate at which an employee accumulates sick leave shall be the same
rate regardless of employee's length of service. The rate at which an
employee accumulates annual leave shall be based on the length of employment
within applicable administration units limitations. Schedule one shall
indicate sick leave and annual leave computations for employees under
jurisdiction of the Administration Policy Board and other units adopting
the schedule.
SCHEDULE
ONE
Sick Leave
Sick leave
is computed at a rate of two (2) hours per pay period based on forty
(40) hours per pay period. Sick leave does not increase as to the number
of years of employment.
20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
1 hour sick leave accumulated.
1 1/2 hours sick leave accumulated.
2 hours sick leave accumulated. |
Annual
Leave
Annual
leave will not go any higher that 4 hours per pay period.
1st,
2nd & 3rd Years of Continuous Service
20
hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
1
hour annual leave accumulated.
1 1/2 hours annual leave accumulated.
2 hours annual leave accumulated. |
4th,
5th & 6th Years of Continuous Service
20
hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
1
1/4 hour annual leave accumulated.
1 7/8 hours annual leave accumulated.
2 1/2 hours annual leave accumulated. |
7th,
8th & 9th Years of Continuous Service
20
hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
1
1/2 hour annual leave accumulated.
2 1/4 hours annual leave accumulated.
3 hours annual leave accumulated. |
10th,
11th & 12th Years of Continuous Service
20
hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
1
3/4 hour annual leave accumulated.
2 5/8 hours annual leave accumulated.
3 1/2 hours annual leave accumulated. |
13th,
14th & 15th Years of Continuous Service
20
hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period |
2
hour annual leave accumulated.
3 hours annual leave accumulated.
4 hours annual leave accumulated. |
No employee
shall accumulate sick leave or annual leave while they are on sick leave
or annual leave status.
SCHEDULE
TWO
Total allowable
hours of annual leave per year shall be calculated by the formula:
Total Annual Leave = y{[2080-(hours of sick/annual leave used)]/40}.
When y = rate of accumulated Annual Leave.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 3, § 3.
Cross
References
Time limit
for expending annual leave, see Admin. Comm. Order 57-94.
§ 204. Retention and transferability of sick leave and annual
leave
(a) Employees
shall retain sick leave and/or annual leave if either of the following
circumstances are applicable:
(1)
Funding source and job description remain similar fiscal year to
fiscal year and supervisor approves retention.
(2)
Employees transfer to another contract within same administration
with essentially same duties and supervisor approves retention.
(b) Employees'
retention of sick or annual leave shall not normally transfer on a
fiscal year to fiscal year basis nor if employee transfers to a different
administration.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 3, § 4.01.
§ 205. Holiday leave
(a) For
subordinate administrations of the Administration Policy Board the
observation of twelve (12) day holiday leave shall be designated and
occurrence dates as:
| *American
Indian Day |
October
10, 1988 |
| Warriors
Day |
November
11, 1988 |
| Miigwech
Day |
November
24, 1988 |
*Mid-Winter
Break Days
|
December
23, 1988 at noon
December 26, 1988
January 2, 1988 |
| Chiefs'
Day |
February
___, 1989 |
| *Spring
Break Days |
February
___, 1989 at noon |
| Memorial
Day |
May
___, 1989 |
| Mid
Summer Day |
July
4, 1989 |
| *Mille
Lacs Day |
August
___, 1989 |
| Labor
Day |
September
___, 1989. |
(b) Asterisked (*) holidays may be worked by employee if approval
is received by Commissioners for an optional holiday day later.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 3, § 4.02.
SUBCHAPTER
IV
FEDERAL
REGULATIONS
Section
301. Federal regulations incorporated into Personnel Policies.
§ 301. Federal regulations incorporated into Personnel Policies
The following
CFR provisions as they relate to the Mille Lacs Band of Chippewa Personnel
System have become a part of our Personnel Policies:
(a) 25-271.14.
Contents of Contract Application.
(b) 25-275.1.
Staffing, Purpose and Scope.
(c) 25-275-3.
Methods of Staffing.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Art. 5, § 1.
CHAPTER
2
SENIOR EXECUTIVE STAFF POLICIES
[See
Ordinance 39-98 -- Travel regulations]
Section
1001. Payroll.
1002. Salary status.
1003. Travel mileage.
1004. Per diem.
1005. Fringe benefits -- [Repealed and replaced by Ordinance
45-98]
1006. Effect of resignation or removal -- Repealed and replaced by Ordinance
45-98]
1007. Avoiding conflict of interest.
[Additional Fringe benefits ordinance -- Ordinance
47-98]
§ 1001. Payroll
(a)
The Mille Lacs Band Assembly has determined that each appointed member
of the government shall have a payroll check prepared after they submit
and sign an authorized time sheet.
(b)
The Mille Lacs Band Assembly has determined their payroll is to be
issued each Friday at 10:00 a.m. for the previously ended pay period
of Friday.
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Gov. Pol., §§ 1, 1.2.
§ 1002. Salary status
(a)
All appointed members of the government are on salary.
(b)
Compensatory time shall not be available for Senior Executive Staff
appointees of tribal government.
Historical
and Statutory Notes
Source: Band Statute 1099-MLC-8, Gov. Pol., §§ 1.3, 1.4.
§ 1003. Travel mileage
(a)
Senior Executive Staff appointees of tribal government may claim mileage
at a rate not to exceed an amount established by the government. Including
this information on your voucher will enable the Mille Lacs Band of
Chippewa Indians to verify the amount of per diem claimed quickly
and easily. This means that your voucher will be processed without
having to verify these details by phone or letter.
(b)
If an individual is a passenger in a vehicle, they may not claim any
reimbursement for mileage.
(c)
Senior Executive Staff appointees of tribal government shall exercise
the car pooling concept as much as possible when traveling to the
same location.
(d)
Senior Executive Staff appointees of tribal government shall reimburse
the government account for all travel in which they will receive a
travel payment by the sponsoring agency in order to avoid double payment.
Historical
and Statutory Notes
Source:Band Statute 1099-MLC-8. Gov. Pol. § 2
§ 1004. Per diem
(a)
The maximum rate of per diem is not to exceed an amount established
by the government unless the travel is to a city designated by the
tribal government as a high rate locality. See high rate locality
designated which is out of the State of Minnesota.
(b)
If the traveler will be required to stay overnight at his/her own
expense, per diem should be charged, on quarterly basis, at $50.00
per day ($12.50 per quarter).
(c)
If overnight accommodations will not be at the traveler's expense
(staying with family, friends, etc.) per diem should be charged at
$25.00 per day on a quarterly basis ($6.25 per quarter).
(d)
A travel period of longer than six (6) hours, beginning before 8:00
a.m. or ending later than 5:00 p.m., would make the traveler eligible
to claim per diem at a rate of $6.25 per quarter ($25.00 per day).
(e)
Computing per diem:
(1)
Establish the appropriate daily maximum ($25.00 per day without
lodging: $50.00 per day with lodging).
(2)
Determine how many hours the trip took. If, for example, a traveler
left for a meeting at 5:30 a.m. and returned at 9:30 p.m. on the
same day, the trip required sixteen (16) hours.
(3)
Take the total number of hours and divide by six (6). Using the
same example, 16 divided by 6 equals 2 and 2/3.
(4)
The traveler is entitled to one quarter of the daily maximum for
each six hour period or portion of a six hour period they were gone.
In the example, the person was gone for 2 and 2/3 six hour period,
or three quarters. No overnight lodging was necessary so the daily
maximum would be $25.00 per day or $6.25 per quarter.
(f)
The traveler is entitled to a set amount for meals which are during
time of travel. The set amounts are: $3.50-breakfast, $5.00-dinner,
$8.00-supper. These set amounts are for those traveling over 29 miles
from work and no receipts are required to receive monies for meals.
(g)
When you submit your voucher to the Financial Officer for reimbursement
be sure that you give the following information:
(1)
Date and times of departure and return.
(2)
Location traveled to (city, state, etc.).
(3)
Purpose of travel (attached meeting, training session, etc.)
(4)
Attached copy of plane/bus ticket, when such transportation is used.
(h) Senior
Executive Staff appointees of tribal government who receive per diem
for program business travel must receive compensation at a rate established
by the tribal government for program employees. The difference in
payment schedules to be reimbursed with government funds.
(i) Out
of town travel shall be governed by the Mileage and Per Diem Reimbursement
Regulations of the Mille Lacs Band Assembly. Requests for travel advances
are due in the Office of Management and Budget in advance of your
scheduled departure as check signers may not be available. An approved
Authorization for Official Travel document serves as your request
for travel advance. Out-of -state travel requires the approval of
the Chief Executive.
(j) Upon
your return from official travel, Senior Executive Staff appointees
are required to submit an Out of Town Travel Expense Statement. See
the bookkeeper/accountant who issued the check for this. The only
receipts needed are the hotel, airline, and travel receipts. Once
these receipts are turned in they are the responsibility of the accountant.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Gov. Pol., § 3.
§ 1005. Fringe benefits -- [Repealed
and replaced by Ordinance 45-98]
§ 1006. Effect of resignation or removal
-- [Repealed and replaced by Ordinance 45-98]
§ 1007. Avoiding conflict of interest
(a) Senior
Executive Staff appointees of tribal government shall not use their
appointed position for their own personal financial benefit or the
financial benefit of family members.
(b) Appointed
officials of tribal government shall not order the preparation of
any type of check in which they/or an immediate family are to be the
payee.
(c) Senior
Executive Staff appointees of tribal government shall not be loaned
program/corporate funds under any circumstances provided that all
programs follow the same policy.
Historical
and Statutory Notes
Source:
Band Statute 1099-MLC-8, Gov. Pol., §§ 4.03 to 4.05.
Cross
References
Leases
of restricted lands under Band jurisdiction, see 6 MLBSA
§ 11.
Trade involving employees and appointees of Band, see 6
MLBSA § 10.
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