Absentee-Shawnee Tribe of Indians of Oklahoma
Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Chapter Twenty-One. Civil Procedure
Informal Administrative Hearings Guidelines
May 8, 2002 L-AS-2002-16
Absentee Shawnee Civil Procedure Ch. 21, , AST CIV PRO Code Ch. 21,
Section 2001. Purpose
To provide an informal forum for an employee to appeal the termination by a Department Head made in the Grievance procedures of the Administrative Systems Manual. See Chapter VII, Section Q. Grievances, of the Administrative Systems Manual.
Absentee Shawnee Civil Procedure Section 2001, AST CIV PRO Code Section 2001
Section 2002. Time to Appeal
After the Department Head has replied in writing to the employee's grievance, the employee who finds the Department Head's decision unsatisfactory may appeal the Department Head's decision to the Tribal District Court within five (5) working days of the receipt of the Department Head's decision.
Absentee Shawnee Civil Procedure Section 2002, AST CIV PRO Code Section 2002
Section 2003. How to Appeal
The aggrieved employee will file a written or typed statement with the Court Clerk of why the employee finds the Department Head's decision to terminate to be unwarranted. This written statement should contain a summary of the reasons why the termination is believed to be unwarranted and a summary of the Department Head's response. Attached to the filed statement should be copies of the employee's written grievance upon termination and the Department Head's written response.
Absentee Shawnee Civil Procedure Section 2003, AST CIV PRO Code Section 2003
Section 2004. Delivery to Department Head
The aggrieved employee will hand deliver to the Department Head a copy of the file stamped document required by paragraph 2003 above as soon as possible after filing and not more than one (1) day later.
Absentee Shawnee Civil Procedure Section 2004, AST CIV PRO Code Section 2004
Section 2005. Response of Department Head
Within five (5) working days of the hand delivery of the employee's filed appeal, the Department Head may respond in writing to the appeal. Response is not mandatory.
Absentee Shawnee Civil Procedure Section 2005, AST CIV PRO Code Section 2005
Section 2006. Hearing Before Tribal District Judge
The Tribal District Court will set a date for an Administrative Hearing before a Tribal District Judge no earlier than twenty (20) working days after the filing of the employee's appeal but no later than thirty (30) working days after the filing of the appeal.
Absentee Shawnee Civil Procedure Section 2006, AST CIV PRO Code Section 2006
Section 2007. Notice to the Parties
The Tribal Court Clerks shall direct timely notice of the hearing date to both parties.
Absentee Shawnee Civil Procedure Section 2007, AST CIV PRO Code Section 2007
Section 2008. No Filing Fees
No filing fee will be assessed to any employee filing a grievance pursuant to his/her right under Section Q of the Administrative Systems Manual.
Absentee Shawnee Civil Procedure Section 2008, AST CIV PRO Code Section 2008
Section 2009. Hearing Process
a. To be conducted by a District Court Judge.
b. No attorneys for either party may appear.
c. The hearing is to be conducted in an informal manner rather than in a traditional trial-like manner.
d. The District Court Judge will allow each party a reasonable amount of time, not to exceed forty-five (45) minutes per party to present his/her side of the dispute under oath.
e. The parties in their above allotted time may present witnesses and/or documents in support of their individual positions. Neither Chapter 5 of this Code relating to witnesses nor Chapter 7 relating to Trial Procedures will apply. Each witness, if any, will present to the District Judge his or her testimony under oath.
f. The hearing Judge will deliver an opinion in writing based on the presentation of information by both parties and their witnesses, if any, within five (5) working days of the hearing.
g. The decision of the District Court Judge hearing the appeal is final.
Originally Passed by Resolution No. L-AS-2002-12; Dated April 10, 2002; Amended by Resolution No. L-AS-2002-16: Dated May 8, 2002
Absentee Shawnee Civil Procedure Section 2009, AST CIV PRO Code Section 2009