THE COLORADO RIVER INDIAN TRIBES (2020)
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EMPLOYEE’S HANDBOOK
THE COLORADO RIVER INDIAN TRIBES
26600 MOHAVE ROAD
PARKER, ARIZONA 85344
TELEPHONE (602) 669 9211
Dated: April 8, 2010
Page 1
DIRECTORY
PREFACE ……………………………………………………………………… 3
TABLE OF CONTENTS ……………………………………………………… 4
DEFINITIONS ………………………………………………………………….. 8
Colorado River Indian Tribes "MOTTO".
"I will meet all kinds of people today. Help me to help them all. If I meet any who are sad, help me to
comfort them, even if I can do no more than say a word of kindness and shake their hand. If I meet any
who are depressed, help me to cheer them and send them on their way happier because they met me.
If I meet any who are worried, help me ease their anxiety as far as I can. If I meet any who are
overburdened, help me to lend them a hand, even if it means extra work for me and even if I have to go
out of my way to do so. If I meet any who are disgruntled, even angry, help me to show them that things
are not as bad as they think they are. If I meet any who are happy help me to share in their joy. Make
me able to enter the minds and hearts of all I meet today and to bring joy and happiness wherever I go.
And finally, make me ever mindful that courtesy is not only the least expensive thing I have at my
immediate disposal but also that it is the most contagious.”
Dated: April 8, 2010
Page 2
PREFACE
The following subjects of the Tribal Employee’s Handbook have been
adopted by the Colorado River Indian Tribes for the purpose of assuring the
efficient, economic, consistent and fair administration of Tribal Employee’s
management matters.
Recognizing the importance of recruiting, selecting, training and retaining
the very best Tribal workers possible with the ultimate goal of providing the most
effective services to our Tribal people, the Colorado River Indian Tribes are
committed to implementing the provisions of the following policies relating to
Tribal employees, fully, impartially, and with a sense of dedication to the values
of human rights, privileges and dignity. All regular (permanent) Tribal employees
are to be included in this system.
Various forms are mentioned throughout this publication and all are
important. Department Heads and Supervisors are charged with the
responsibility of proper form usage and with the duty of providing appropriate
instructions to employees regarding proper form usage. In addition, an ample
supply of all forms should be maintained and controlled at the Department Head
level.
Dated: April 8, 2010
Page 3
TABLE OF CONTENTS
LEAVES OF ABSENCE……………………………………………….
Effect of leave of absence on employee benefits ……………
Types of Leaves of Absence …………………………………..
Personal Leave…………………………………………….
Emergency Leave …………………………………………
Administrative Leave………………………………………
Jury Duty Leave……………………………………………
Maternity Leave …………………………………………..
Military Leave………………………………………………
Sick Leave………………………………………………….
Annual Leave………………………………………………
Bereavement Leave ………………………………………
Medical Disability Leave …………………………………
Page 12
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Page 13
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Page 14
Page 15
Page 16
Page 16
Page 18
Page 18
ABSENTEEISM ………………………………………………………… Page 19
ALCOHOL ………………………………………………………………. Page 20
ATHLETIC ACTIVITIES ………………………………………………… Page 21
ATTENDENCE…………………………………………………………… Page 22
AUTOMOBILES…………………………………………………………
Page 22
AWARDS………………………………………………………………… Page 22
BENEFITS………………………………………………………………. Page 24
Medical……………………………………………………………… Page 24
Life Insurance ……………………………………………………… Page 24
Pension Plan ………………………………………………………. Page 25
Payroll Savings Plan ……………………………………………… Page 25
Breaks ……………………………………………………………… Page 25
BULLETIN BOARDS……………………………………………………. Page 25
COMPLAINT PROCEDURES…………………………………………. Page 25
COURTESY……………………………………………………………… Page 26
CRIT RULES of Conduct (with Specified Disciplinary Action for Violation)………. Page 28
CRIT PROPRIETARY INFORMATION ……………………………… Page 30
CRIT PROPERTY………………………………………………………. Page 30
Dated: April 8, 2010
Page 4
Care of CRIT Property …………………………………………… Page 30
Return of CRIT Property ………………………………………… Page 30
Personal Property on CRIT Property …………………………… Page 31
DISCIPLINE……………………………………………………………… Page 31
Purpose of Disciplinary Action……………………………………
Investigation of Misconduct ………………………………………
Classification of Misconduct ……………………………………..
Classification of Disciplinary Action …………………………….
Page 31
Page 31
Page 31
Page 31
DUPLICATION EQUIPMENT………………………………………….
Page 33
EMPLOYEE PRIVACY PROTECTION POLICY……………………. Page 34
GRIEVANCE PROCEDURE ………………………………………..... Page 34
Policy ……………………………………………………………. Page 35
Application ………………………………………………………. Page 35
Definition………………………………………………………..... Page 35
Administrative Guidelines ………………………………………. Page 35
Administrative Procedure ………………………………………. Page 36
Procedures for the Administrative Grievance Hearing ……… Page 37
Grieving Employee ……………………………………………… Page 37
Department Supervisor and Human Resources Director …… Page 37
Presenting Information ………………………………………….. Page 38
Confidentiality ………………………………………………….... Page 38
Determination by the Administrative Committee …………….. Page 38
Exceptions to Grievance Procedure …………………………… Page 38
HIRING………………………………………………………………….. Page 39
Policy ……………………………………………………………… Page 40
Veteran’s Preference ……………………………………………. Page 41
Statement of Non-Selection ……………………………………. Page 41
Procedures ……………………………………………………….. Page 41
Forms ……………………………………………………………… Page 43
HOLIDAYS………………………………………………………………
Page 43
Policy ……………………………………………………………… Page 43
Application ………………………………………………………... Page 43
Administrative Guidelines ………………………………………. Page 43
Designated Holidays ……………………………………………. Page 44
INJURIES………………………………………………………………..
Page 45
INFORMATION ABOUT EMPLOYEES………………………………
Page 45
INSUBORDINATION…………………………………………………… Page 46
LATENESS …………………………………………………………….
Dated: April 8, 2010
Page 46
Page 5
MAIL……………………………………………………………………..
Page 47
MOONLIGHTING …………………………………………………….
Page 47
ORIENTATION………………………………………………………… Page 47
Procedures for 1st Day …………………………………………. Page 47
Procedures during 2nd or 3rd week …………………………… Page 49
OUTSIDE ACTIVITIES ……………………………………………….
Page 49
PERFORMANCE REVIEW……...……………………………………..
Policy ……………………………………………………………..
Objectives ………………………………………………………..
Application ……………….......................................................
Administrative Guidelines ………………………………………
Administrative Procedures ……………………………………..
Page 49
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Page 50
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Page 52
PERSONAL TELEPHONE CALLS…………………………………..
Page 53
POLITICAL INVOLVEMENT………………………………………….
Page 53
POLITICAL CONTACTS…………………………………………….
Page 53
EMPLOYEES AS ELECTED OFFICIALS …………………………… Page 54
PROBATION …………………………………………………………… Page 54
OVERTIME ……………………………………………………………..
Page 55
COMPENSATORY TIME……………………………………………… Page 55
PROMOTIONS AND TRANSFERS…………………………………..
Page 55
RECORDS ………………………………………………………………. Page 56
Change of· Employee Status Policy …………………………….. Page 56
RESIGNATION/TERMINATION ………………………………………. Page 57
Policy ……………………………………………………………….. Page 57
Application …………………………………………………………. Page 58
Definitions ………………........................................................... Page 58
Administrative Guidelines ………………………………………… Page 59
Administrative Procedures ……………………………………….. Page 59
Re-hire ……………………………………………………………… Page 60
SAFETY……………………………………………….................... Page 61
HORSEPLAY ………………………………………………………. Page 62
HOUSEKEEPING ………………………………………………………. Page 62
DRESS ………………………………………………………………….. Page 62
Dated: April 8, 2010
Page 6
SEXUAL HARASSMENT ……………………………………………. Page 62
SOCIAL ACTIVITIES ………………………………………………… Page 64
TEMPORARY EMPLOYMENT ………………………………………. Page 65
TIMECARDS …………………………………………………………….. Page 65
TRAINING AND EDUCATION ………………………………………..
Page 66
TRANSFERS ……………………………………………………………. Page 67
TRAVEL …………………………………………………………………. Page 67
VACATIONS ……………………………………………………………. Page 67
VISITORS AND VENDORS …………………………………………… Page 69
WAGES ………………………………………………………………… Page 70
WARNING SYSTEM …………………………………………………… Page 71
WARNING NOTICE ……………………………………………………. Page 72
WORK SCHEDULES ………………………………………………….
Page 74
ADDENDUMS:
ADDENDUM A
PERFORMANCE REVIEW FORM…………….
ADDENDUM B
SUBSTANCE ABUSE POLICY ………………... Page 79
ADDENDUM C
SHARED LEAVE POLICY……………………… Page 95
(Rescinded on December 6, 2019)
ADDENDUM D
COMPUTER USE POLICY……………………… Page 96
ADDENDUM E
BACKGROUND CHECK POLICY……………… Page 101
Dated: April 8, 2010
Page 75
Page 7
DEFINITIONS
The following list of terms and expressions is not all inclusive and may require
updating from time to time to keep pace with Tribal progress in an ever-changing
world.
1.
CRIT - The Colorado River Indian Tribes.
2. Colorado River Indian Tribes – The membership and the organization of
the Colorado River Indian Tribes on the Colorado River Indian Reservation,
under and pursuant to its Constitution and Bylaws.
3. Tribal Council – The Governing body elected by Tribal membership,
existing and functioning pursuant to the Constitution and Bylaws of the Colorado
River Indian Tribes.
4
Reservation – The Colorado River Indian Reservation as established,
existing and geographically defined under the laws of the United States,
encompassing all territory within the exterior boundaries as now or hereafter
prescribed or ascertained, including fee patented lands, allotted lands, town sites,
roads, waters, bridges, and lands and rights-of-way owned, used or claimed by
any person.
5. Tribes – The Colorado River Indian Tribes, and Tribal – belonging or
pertaining to the Tribes.
6. Indian Preference – The implementation of various legislative enactments
which provide for preference in the employment of Indians when qualified Indians
are available.
7. Indian – Indian in this personnel system means a member of the Colorado
river Indian Tribes; non-Tribal members means other Indians; employee means
Indian, non-Tribal member and non-Indian working for the Tribes.
8. Veteran’s Preference – A qualified Indian who is a veteran shall have
preference in employment over a non-veteran Indian; a qualified Indian who is
not a veteran will have preference over a non-Indian veteran.
9. Statement of Non-Selection – In the event a non-Indian applicant for a
position is selected when qualified Indian applicants are available, justification for
such selection will be submitted by the hiring/selecting supervisor and approved
by Personnel System Board before the appointment is finalized.
10. Probationary Period – The first ninety (90) days of employment for most
position, possibly one (1) year for highly technical and professional positions.
Dated: April 8, 2010
Page 8
11. Leave Without Pay (LWOP) – Time away from the job, usually not
authorized.
12. Position Description (PD) – A written explanation of employee’s duties and
responsibilities.
13. Duty Hours – 8 am – 5 pm Monday thru Friday.
14. Compensatory Time – Work performed before or after regular duty hours.
15. Flex time – Employee oriented timekeeping system, to accommodate
unique or special employee requirements with respect to starting and quitting
time.
16. Holiday Pay – Certain days of the year regularly observed by CRIT as paid
holidays. LWOP immediately before or after a holiday prevents payment for
holidays.
17. Pay Day – Every other week on Friday, 26 pay periods during the year.
18. Disciplinary Action – Imposition of penalties for failure to comply with
official rules, regulations, directives, and supervisory instructions and requests.
19. Insubordination – Refusal to perform duties of a position.
20. Conflict of Interest – Use of status as an employee of the Tribes for
personal gain or gain for relatives.
21. Reportable Injury – All injuries suffered by employees during working hours
or on Tribal premises during the interval immediately, before, or after working
hours.
22. Annual Leave – A privilege of employees to earn time off with pay at the
rate of four (4) hours per pay period if employed less than three (3) years, six (6)
hours per pay period if employed for three (3) but less than fifteen (15) years,
and eight (8) hours per pay period if employed fifteen (15) years or more.
Honorable military service, properly supported (Honorable Discharge Certificate)
shall be creditable as employment for the purpose of computing annual leave
earned.
23. Sick Leave – Employees shall earn leave at the rate of four (4) hours per
pay period; 104 hours during the year of 26 pay periods.
24. Creditable Leave – Leave, annual and /or sick leave, will be creditable only
for a pay period of eighty (80) hours of service.
Dated: April 8, 2010
Page 9
25. Alcohol Abuse – The drinking of alcoholic beverages to an extent which
interferes with ability to do the job or with attendance on the job.
26. Administrative Leave – Time away from the job without loss of pay usually
associated with personal emergency when annual leave has been exhausted.
27. Per Diem – Reimbursable expense for cost of meals, lodging, laundry, and
incidentals incurred by an employee while away from place of work overnight on
Tribal business.
28. Performance Appraisal – An evaluation of the work and results achieved
by workers.
29. Incentive Awards – The recognition and reward of employees individually
or in groups for performing special acts or service in the Tribes’ interest in
connection with or related to official employment.
30. Special Achievement Awards – Merit Increases, Sustained Superior
Performance, Superior Service, Career Service Recognition.
31. Employee appeal – An entitlement to have an opportunity to question or
appeal any action of management which is considered to be adverse to your
interest. (Separation during probationary period is not subject to appeal).
32. Immediate Family – The Colorado River Indian Tribes impose certain
restrictions on the hiring of employee’ relatives in order to minimize the difficulties
that such relationships may cause in the normal conduct of work. Relatives may
be hired when the specific limitations noted are not violated; however, they must
be advised that future promotions, transferred, re-assignment, etc., may be
needed if such moves will create situation in conflict with Tribal policy.
Related persons may not be given work assignments which require one relative
to direct, review or process the work of another.
Definition of Relatives:
Husband and Wife
Parent and Child (step-child)
Brother and Sister (step- brother and step- sister)
Aunt or Uncle (by blood or marriage)
Grandparent and Grandchild
First Cousins
Brother-in-Law and Sister-in-Law
33. Policies – Guides to thing in decision – making. Their purpose is first to
define the area within which a decision should be made, and then to guarantee
Dated: April 8, 2010
Page 10
that the decision made will be in line with overall plans and goals. Provide for
necessary flexibility.
34. Rules – Rules are requirements for certain actions or non-actions, with no
allowance for discretion on the part of the person following them.
35. Termination – To discontinue employment; to bring employment to an end.
36. Date of Hire – Date employee started work as recorded on Personnel
Status Report.
37. Effective Date of Employment – Date of Hire provided employee has
completed 90-day probationary period.
38. Completion of One-Year Service – 365 days after Effective Date of
Employment.
39. Probationary Period – 90 day/3 months continuous service represented by
80 hours of work for six (6) consecutive pay periods supported by time cards
certified to by both the supervisor and employee.
Dated: April 8, 2010
Page 11
LEAVES OF ABSENCE
A.
B.
Effect of leave of absence on employee’s benefits.
1.
Time spent on unpaid leave of absence of over 30 days, except a
military leave of absence, will not be counted as time employed in
determining an employee’s eligibility for benefits that accrue on the
basis of length of employment.
2.
An employee who is granted a leave of absence for a period of 30 days
or more may be paid any annual leave that is due at the time he starts
leave.
3.
In the case of leaves of over 30 days, the Tribes cannot guarantee that
the same position or a similar position will be immediately available at
the time the employee returns; if this occurs the employee’s leave will
be extended until such a time a suitable position is available.
4.
Time-off under this policy applies to all permanent full-time employees
and part-time employees normally scheduled to work at least 30 hours
per week who have completed the probationary period.
5.
An employee will not be eligible to receive bereavement time-off while
on scheduled vacation time or absence from work because of sickness.
Types of Leaves of Absence.
1.
Personal Leave.
a.
A permanent full-time or permanent part-time employee,
scheduled to work 30 hours per week or more, who has
completed the probationary period, may request a leave of
absence without pay for personal reasons, including health.
b.
The Department Head shall review and act upon a request for
leave of absence for personal reasons in consideration of the
following:
(1) The purpose for which the leave is scheduled.
(2) The length of time the employee will be away.
(3) The effect the leave will have on the ability of the department
to carry out is responsibility.
(4) The employee’s position and length of service.
Dated: April 8, 2010
Page 12
c.
2.
3.
A leave of absence for personal reasons for up to 30 calendar
days may be approved by the Department Head. A leave of
absence for personal reasons of over 30 days must be approved
by the Administrative Manager and/or the Administrative
Committee.
Emergency Leave.
a.
If an employee does not have any accumulated annual or sick
leave, the employee may be allowed a maximum of three days
with pay for an emergency.
b.
In the case of a death in the immediate family or a deceased coworker, Bereavement Leave may be granted pursuant to section
B.9. herein.
Administrative Leave.
On occasions it may be necessary, in the best interest of the Tribes, to
grant an employee administrative leave. The employee shall be so
assigned by means of a memorandum of instructions signed by the
supervisor and approved by both the Department Head and the
Administrative Manager. Administrative leave shall be with pay and
may be for, but not limited to the following:
4.
a.
To obtain additional formal education that will be beneficial to the
Tribes.
b.
To attend special short course training in connection with assigned
duty.
c.
For travel to another location while on assignment or in a travel
status on Tribal business.
d.
To adjust or make right any prior contribution by an employee in
the form of compensatory time erroneously overlooked.
Jury Duty Leave.
Jury duty should be a fairly straightforward matter. When an employee
is ordered by the courts to be present, the employee makes every
effort to cooperate.
a.
Procedure.
Dated: April 8, 2010
Page 13
(1) An employee who receives notice of jury duty must notify his
supervisor as soon as possible.
(2) In the event the absence of an employee from work over a
long period of time would cause a hardship on the Tribes,
they (the Tribes) may petition the Judicial Clerk to excuse the
employee from jury duty. Also, the individual may petition to
be excused from jury duty if doing so would cause a hardship
on the employee’s family.
(3) The Tribes will cooperate fully with local, state, and federal
courts as well as the Tribal Court in allowing the employee to
serve on jury duty without any financial loss.
(4) All full-time regular employees called for jury duty will receive
their regular rate of pay plus fees received for jury duty from
the official court.
5.
Maternity Leave.
a.
Policy.
Under normal conditions, maternity leave will be granted to
permanent employees up to a period of four months based on
date of estimated departure. Expectant mothers are allowed to
work as long as their health permits with the approval of their
physician. All leaves granted will expire after three months from
the date of delivery. Leaves will not be extended unless supported
by a doctor’s certificate. An attending physician’s statement is
required indicating the anticipated delivery date so proper
departure and return to work dates may be arranged.
b.
Administrative Guidelines.
(1) Permanent full-time employees or permanent part-time
employees normally scheduled to work at least 30 hours per
week who have completed the probationary period may use
accumulated annual and sick leave in lieu of leave without
pay. Absence commencing at the time an employee’s
condition of pregnancy becomes disabling should be handled
under Sick Leave. Time away from the job not covered by
annual or sick leave will be without pay.
(2) The employee requests a maternity leave of absence form
the Department Head or supervisor as far in advance of the
requested Department Head or supervisor as far in advance
Dated: April 8, 2010
Page 14
of the requested departure date as possible. Prior to the
scheduled date to return to work the employee notifies the
Department Head concerning:
(A) Availability to return to work.
(B) Unavailability to return to work as scheduled due to
medical reasons or other circumstances; or,
(C) Intent to resign.
c.
Limitations.
In no instance should a maternity leave of absence be requested
or required of an employee.
If a pregnant employee is unable to perform the duties of her
position in a safe and/or efficient manner, the employee may be
involuntarily placed on sick leave of absence.
In no instance should an employee be involuntarily terminated
because of pregnancy.
d.
Exceptions.
Recommendations for exceptions to the Maternity Leave policy,
material described herein must have the approval of the
Administrative Committee.
6.
Military Leave.
a.
A leave of absence without pay will be granted to reservists
required to attend military training. Such leaves generally start no
earlier than two days in advance of the start of training and end
within two days following the end of same.
b.
Reservists may request that their vacations or a portion thereof be
scheduled for the period of their military training.
c.
Requests for military leave of absence must be approved by the
Department Head and the Administrative Manager.
d.
Employees entering active military service for a single enlistment
period will be granted military leave of absence. The Tribes will
make every effort to reinstate employees returning form military
leave to their former jobs or an equivalent position.
Dated: April 8, 2010
Page 15
7.
8.
Sick Leave.
a.
Sick leave is leave with pay granted an employee who is suffering
with a disability which prevents them from performing their usual
duties or who requires medical, dental, or optical consultation or
treatment. No sick leave shall be credited while serving under an
emergency appointment or under a temporary appointment.
b.
No employee shall be credited with sick leave until 3 months
probationary service has been completed.
c.
Accrued sick leave will be dropped from employee’s record after
date of termination.
Annual Leave.
a.
Annual leave shall be earned by each full-time and each part-time
employee who has a regular tour of duty. No employee shall earn
annual leave while serving under an emergency appointment or
under a temporary appointment.
b.
The earning of annual leave shall be based on the equivalent of
years of full-time service and shall be creditable at the end of
each regular pay period in accordance with the following schedule:
(1) Less than 3 years of service, at a rate of 4 hours of annual
and 4 hours leave for each 80 hours of regular duty.
(2) Three years but less than fifteen (15) years of service, at the
rate of 6 hours of annual and 4 hours of sick leave for each
80 hours of regular duty.
(3) Fifteen (15) or more years of service, at the rate of 8 hours of
annual and 4 hours of sick leave for each 80 hours of regular
duty.
c.
Honorable military service, properly supported (Honorable
Discharge Certificate), shall be creditable as employment by the
Colorado River Indian Tribes for the purpose of computing annual
leave earned.
d.
No employee shall be credited with Annual Leave:
(1) Until 3 months probationary service has been completed.
Dated: April 8, 2010
Page 16
(2) For any leave without pay.
(3) For any overtime hours.
(4) For any holiday or other non-work day which occurs while he
is on leave without pay.
(5) For any holiday or other non-work day which occurs
immediately before or immediately after his being in a leave
without pay status.
e.
Annual leave must be applied for by the employee and may be
used only when approved by the Department Head or his
authorized representative.
f.
Annual leave shall not be charged for non-work days.
g.
The minimum charge to annual leave records shall not be less
than one-half hour.
h.
The immediate supervisor may recommend and the Department
Head may approve annual leave for a maximum period up to 120
hours workload permitting.
i.
Annual leave requests for periods in excess of 120 hours must be
approved by the Administrative Committee.
j.
Enforced Annual Leave
(1) The Tribes may require an employee to take annual leave
whenever, in its administrative judgment, such action would
be in the best interest of the employee.
(2) No employee shall be required to reduce his accrued annual
leave to less than 30 working days or the equivalent thereof
in hours, provided that an employee may be required to take
any part or all of his accrued annual leave prior to being
granted leave without pay.
k.
Payment of Annual Leave upon Separation
(1) Each employee upon separation shall be paid the value of his
accrued annual leave in a lump sum disregarding any final
fraction of an hour. The payment of such leave shall be
computed as follows:
Dated: April 8, 2010
Page 17
(A) When an employee is paid on an hourly basis, multiply his
regular hourly rate by the number of hours accrued
annual leave.
(B) When an employee is paid other than an hourly basis,
determine the hourly rate by converting his salary to an
hourly rate. Multiply his converted hourly rate by the
number of hours of accrued annual leave.
9.
Bereavement Leave.
a.
Bereavement Leave is available to regular, full-time employees
(post-probational). Bereavement Leave can be taken, with the
approval of the employee’s Department Supervisor, in the event
of a death of a member of the employee’s immediate family. For
the purposes of Bereavement Leave an immediate family member
would be:
Husband or Wife
Parent or Child (step-parent and step-child)
Brother or Sister (step-brother and step-sister)
Aunt or Uncle directly related by blood
Grandparent or Grandchild
b.
Bereavement Leave can be taken for a period up to 3 days and
the employee approved for Bereavement Leave will receive pay at
the same pay level. Employees that qualify for Bereavement
Leave are compensated at their normal hourly rate.
[January 16, 2009]
10. Medical Disability Leave.
Medical Disability Leave is available to regular, full-time employees
(post-probational) who need to be absent from their employment (with
physician’s certification) for a period not to exceed four (4) months to
recover from a medical disability. During that time the employee has
the responsibility to provide routine notification to the supervisor of
their absence substantiated by a physician’s medical certification.
Prior to the expiration of the four-month recovery period, if the
employee has not been released by their physician to report to work,
the supervisor prepares and send a letter to the employee inquiring as
to their medical status and when they can be expected to report to
work without restrictions, substantiated by a letter from their physician.
Dated: April 8, 2010
Page 18
The supervisor’s letter should also make reference that if they are not
able to report to work by the expiration of the four-month recovery
period that they will be released (terminated) from their employment
due to their medical disability.
In the event the employee’s physician does not release the employee
back to work by the expiration of the four-month period the employee
may be terminated from employment due to their medical disability at
the discretion of their Department Head.
Employees who qualify for Medical Disability Leave can elect to use
their accumulated annual leave for compensation. The employee can
also apply for Shared Leave.
[January 16, 2009].
ABSENTEEISM
Employment is a matter of mutual agreement. In return for offering an agreed to
reliable income, the employer is entitled to or receive agreed to reliable
performance. An employer has a right to expect that employees will be present,
ready for work, when and where they are assigned.
EMPLOYEE ABSENTEEISM POLICY
You are expected to report for work on time, on a regular basis. Unnecessary
absenteeism and lateness are expensive, disruptive, and place an unfair burden
on other employees and your supervisor. Unsatisfactory attendance will also
result in disciplinary action, including suspension and discharge. It will also have
an adverse effect on any promotional consideration.
If you are going to be late or absent for any reason, telephone your immediate
supervisor as far in advance as possible of your starting time. Explain why you
are going to be absent and when you expect to return to work. NOTE: It is your
responsibility to ensure that proper notification is given. Asking another employee,
friend, or relative to five this notification is not considered proper, except under
emergency conditions.
Any employee who fails to give such notification will be charged with an
unexcused absence. If an employee is absent for three consecutive days without
notifying the Colorado River Indian Tribes, he or she is subject to discharge. If
notice is given and the Colorado River Indian Tribes do not think it justifies and
absence, it will be considered unexcused. The following chart shows the
discipline that will be administered for unexcused absences:
Dated: April 8, 2010
Page 19
1st Absence
Written warning
2nd Absence
3-day suspension
3rd Absence
4th Absence
10-day suspension
Discharge
Four consecutive unexcused absences = Discharge
Repeated lateness will also subject an employee to discipline including
suspension and discharge.
Holiday Pay:An employee will be excluded from holiday pay when a
holiday falls within the week in which an unexcused absence occurs.
All absences will be recorded on the employee’s attendance record (time card). If
the immediate supervisor decides that the excuse is not acceptable, a written
warning will be issued. A copy of the warning should go to the employee and
Human Resources. Keep in mind that these records may be used in a grievance
or formal hearing.
Employees have a right to appeal any imposed penalties through regular
grievance procedures. Termination for any reason during probationary period is
not subject to appeal.
ALCOHOL
(For more in-depth information consult the CRIT Substance Abuse Policy)
It is the Colorado River Indian Tribe’s policy to help reduce the losses in dollars
and manpower resulting from alcohol abuse. Through employees’ supervisors we
hope to maintain a program of early detection, provide a source for consultation
and readily available information concerning treatment.
All must recognize that the successful treatment of alcohol abuse depends on
early discovery, applicable reporting, appropriate communications and proper
medical aid.
Alcohol abuse is defined as the drinking of alcoholic beverages to an extent
which interferes with ability to do the job or with attendance on the job.
Supervisors are responsible for the recognition of signs of alcohol abuse and for
appropriate reporting and follow-up.
The Alcoholism Director administers the alcohol abuse program, provides or
arranges for consultation services, and arranges examination by appropriate
medical service.
Dated: April 8, 2010
Page 20
When a change in personality is evident, when absenteeism increases, when
appearance changes, when a previously good attitude turns bad, when work
begins to suffer, alcohol abuse may be the cause.
It is appropriate in such cases for the supervisor to inquire into what might be the
cause. If it appears that it might be drinking, he/she should say so and suggest a
cessation of drinking.
If no improvement is shown after a reasonable length of time and drinking is
apparent cause, the employee is told and warned that continued drinking
affecting his/her job performance will not be tolerated. Further, disciplinary action
including termination of employment will be taken if drinking continues. At this
point, the Colorado River Indian Tribes program is explained to the employee
and offered to him/her at Tribal expense with the assurance that strict adherence
to the program will eliminate the drinking problem. If it is refused and employee
does not want help, he is told the responsibility is his and the consequence may
be loss of job. A written record of all conversations and instructions are made
and forwarded to Administrative Manager for proper filing in employee’s
personnel record.
The program is simple and effective. The employee is examined by a doctor and
if indicated is placed on proper therapy. The Colorado River Indian Tribes will
provide follow-up at its expense through the Alcoholism program for as long as is
considered necessary by the doctor.
Services through the program are arranged by the Alcoholism Director who
provides the supervisor with periodic reports regarding attendance and stage of
recovery.
ATHLETIC ACTIVITIES
The Colorado River Indian Tribes encourages all its employees to participate in
athletic activities as a means to better health.
The Colorado River Indian Tribes provides a gymnasium for work out, lifting
weights, etc.
Athletic activity must be done on the employee’s own time.
The Colorado River Indian Tribes sponsors baseball, basketball, volleyball teams
for men and women and supports community sporting events at various times
during the year:
(1) Native American Days
(2) Other holidays
Dated: April 8, 2010
Page 21
(3) Special events
ATTENDANCE
Regular and prompt attendance at work is required of all employees.
If it does become necessary for you to be absent, it is your responsibility to notify
your supervisor.
An absence may be recorded as an excused absence for reasons of personal or
family illness or for several other reasons which would require an employee to
miss a part or all of a scheduled workday and which can be substantiated by the
employer if requested to do so. Such absence will be recorded as an excused
absence if the employee has requested of his or her supervisor the necessary
time off in advance or, if he calls in to report his absence between the hours of
8:00 and 9:30 am.
An employee’s failure to request and excuse, or to report his absence in the
manner described above, will result in the absence being recorded as an
unexcused absence.
An employee who fails to call in for three consecutive days shall deem to have
voluntarily terminated his/her employment with the Colorado River Indian Tribes.
If an employee’s attendance record indicates frequent absence, the employee
shall be required to document the reasons for his absence at the request of the
immediate supervisor in order for the absence to be recorded as an excused
absence.
AUTOMOBILES (Personal Automobiles)
The Colorado River Indian Tribes provides and maintains parking facilities for the
use of employees. As space is limited, we encourage the use of carpools
whenever possible. Employees shall park only in designated areas in the parking
lot in the rear of the Administration Building. The Colorado River Indian Tribes
assumes no responsibility for damage to vehicles or theft of articles from vehicles
while on Colorado River Indian Tribal property. Employees are asked to use
caution while driving and observe a 5 mph speed limit.
AWARDS
The Colorado River Indian Tribes incentive awards program is designed to
encourage employees to participate in improving the efficiency and economy of
operations; to recognize and reward employees, individually or in a group, for
participating in the form of superior performance, cost-saving suggestions and
Dated: April 8, 2010
Page 22
other personal efforts which contribute to improved efficiency in tribal operations.
Also, to recognize and reward employees or departments for performing special
acts of service to the Tribes' interest, in connection with or related to official
employment. This program provides for the following awards:
A.
Cash Awards for adopted suggestions resulting in improved methods,
procedures, working conditions, service to the Tribes, employees' morale,
health and safety. Suggestion boxes are located near the coffee bars.
Contact your supervisor for additional information.
B.
Special Achievement Awards.
1.
Merit increases
This award equates to an increase in salary and must be based strictly
on merit and increased productivity. Merit increases must not be used
to supplement annual salaries which may be considered low. Before a
supervisor submits a written recommendation for a merit increase to
the Administrative Committee through the Administrative Manager,
standards of performance must be established, reviewed and
approved.
All recommendations for merit increase must be supported
by written documentation, explaining:
2.
a.
Why an employee should be awarded an increase in pay.
b.
How the employee actually exceeded the approved standards of
performance
c.
When the employee performed in an outstanding manner and for
how long.
d.
To what extent employee performed in an outstanding manner.
Several examples of the outstanding performance should be
included setting forth the dates and a description of what was
actually accomplished to warrant an increase in pay.
e.
Each recommendation will also contain a statement to the effect
that the supervision expects the employee to continue to perform
at this high standard.
Sustained Superior Performance. This is a Cash Award for:
a.
Substantially surpassing normal production standards over a
period of several months.
Dated: April 8, 2010
Page 23
b.
3.
4.
Obtaining highly superior quality results on special projects(s)
while satisfactorily meeting standards of quantity for an extended
period.
Superior Service. This is a Cash Award given at any time during an
employee's career for:
a.
Significant acts of service.
b.
Achievements that materially aid or affect the successful
accomplishment of the Colorado River Indian Tribes' operation.
Career Service Recognition. This Award may be given in the form of an
emblem, gift, ceremony with plaque, or cash in recognition of years of
Service.
Lapel emblems for 5, 10, 20, 30, etc., years of service may be
awarded. Awards may be given in private, in presence of employee’s
peers, or at a Tribal Council meeting, depending on the length of
service. Employee's preference will be honored, if possible.
Awards must be earned and the price is high. Recipient's attitude,
conduct and performance must reflect the qualities of courtesy,
consideration, loyalty and a deep sense of responsibility to self and
others, both on and off the job.
BENEFITS
A.
Medical (Insurance).
All full-time regular employees are eligible to participate in the health
benefits available under a voluntary program. Employees pay 100% of
premium at group (reduced) rates for the benefits they desire. Employees
enrolling in the group plan within 30 days of date of employment are not
subject to medical examination. Employees leaving employment, who are
enrolled in the group plan, are allowed to convert their policy and retain
coverage.
B.
Life Insurance.
All full-time regular employees are eligible for insurance effective on the first
day of the month coinciding with or next following 90 days of continuous
employment. The amount of life insurance for you is the equivalent of your
annual salary multiplied by two (2). A booklet describing your insurance plan
will be distributed by Human Resources upon completion of the 90-day
Dated: April 8, 2010
Page 24
probationary period. Entire cost of your life insurance is paid by the
Colorado River Indian Tribes.
C.
Pension Plan.
All full-time regular employees who have completed one year of service
shall be deemed to be participants in the Colorado River Indian Tribes
Pension Plan. The one-year service date requirement starts upon
completion of your 90-day probationary period. Each participant shall have
an Employee Contribution Account. The Colorado River Indian Tribes
annual contribution shall be allocated to the Employee Contribution
Accounts of all eligible participants according to the ratio that each
participant’s compensation for the year bears to the total compensation of all
eligible participants for the year. Retirement date is the 31st day of
December following the date a participant has attained age 60. Entire cost of
your pension plan is paid by the Colorado River Indian Tribes. The Tribal
Council has appointed a Pension Committee which administers the Pension
Plan and decides all questions arising in its operation.
D.
Payroll Savings Plan (Not currently offered).
Payroll deduction is available for those who wish to purchase U.S. Savings
Bonds. Full details regarding this plan may be obtained from the Human
Resources Department.
E.
Breaks.
The Colorado River Indian Tribes provide two breaks each of 15 minutes
duration: one in the morning and one in the afternoon. Employees may
leave their work stations at this time and have a cup of coffee, light snack,
pop, etc.
BULLETIN BOARDS
All notices which affect employees in any way will be posted on the Bulletin
Board, including information on safety and policy changes. No one may post
information on the Bulletin Boards without first obtaining approval from the
Human Resources Office.
COMPLAINT PROCEDURE
It is the policy of the Colorado River Indian Tribes to give every employee’s
complaint a full and impartial hearing. Hopefully this procedure will resolve most
discontent and keep employee problems from developing into a grievance.
Dated: April 8, 2010
Page 25
DO YOU HAVE A PROBLEM?
If you do, we want to know about it. If there is something about your job that is
bothering you, bring it out in the open. Every effort will be made to straighten out
your problem. Here are four steps that can be taken to get your problem a fair
hearing.
STEP 1: Your immediate supervisor. He or she is ready and available to give
you a fair hearing. Talk your problem over with your supervisor honestly and
sincerely. There is a good possibility that your problem can be resolved at this
stage.
STEP 2: Human Resource Director. If your problem remains unresolved, you can
bring it to the Human Resource Director. If your problem remains unresolved,
you can go to Step 3.
STEP 3: At this step you will meet with the Administrative Committee for a
complete hearing. Be prepared to submit your problem(s) in writing including but
not limited to:
a.
Your name and mailing address
b.
Name and location of your office/place of work.
c.
Your present job title and salary.
d.
Your reason(s) for believing an injustice has been done or the
exact nature of your problem(s).
e.
Names of persons and a list of places, dates and events which
may have a bearing on the matter.
f.
Your recommendation(s) for solving the problem in a satisfactory
manner and for preventing a recurrence of the problem.
STEP 4: Your problem will be addressed by the Administrative Committee and a
recommended solution will be rendered within 7 days from date of the hearing.
COURTESY
A.
Employees should not work in a manner that willfully obstructs or hinders
another employee from completing his or her assigned duties.
B.
Employees should operate in a manner both safe to themselves and their
fellow workers.
Dated: April 8, 2010
Page 26
C.
Personal problems between employees should not be pursued at work.
D.
When leaving the work area or office area for other than lunch, all employees should have the permission of their supervisor who will know why,
where, and for how long they will be gone. Employees who work in the office
area will also tell the receptionist where they are going and when they
expect to return. Returning employees should check in with the receptionist
and/or their supervisor. Should supervisors be leaving the work area for any
extended period of time, they should tell their subordinates whom to contact
in case of emergency.
E.
In case of sickness, all employees must contact their supervisor or designated officer (not the receptionist) by phone promptly in the morning. For
extended illness in excess of 3 work days, a doctor’s statement will be
required.
F.
Telephones should not be used for personal telephone calls and employees
should not have personal visitors unless permission is obtained.
G.
All employee information will be posted on bulletin boards.
H.
Any employee who changes his or her address or family status should
report it in writing to the Human Resources Department.
I.
Contributions may not be solicited of employees of any department unless
approved by the Department Head. Raffles, benefit sales, and the like for
charitable organizations may be allowed if they do not interfere with the
progress of work.
Following is a list of Colorado Indian Tribe’s rules and disciplinary action
associated thereto: (Following page)
Dated: April 8, 2010
Page 27
RULES AND DISCIPLINE
VIOLATION OF THE FOLLOWING RULES WILL RESULT IN THE
DISCIPLINE SPECIFIED
Violation
1st Time
1. Theft of Property from Colorado River
Indian Tribes or other employee
Discharge
2. Drinking alcoholic beverages on
Colorado River Indian Tribes Premises
Discharge
3. Assault of Supervisor or other
employee
Discharge
4. Intentionally falsifying any time card in
any way
Discharge
5. Reporting for work under the influence
of alcohol or drugs
Discharge
6. Falsifying Colorado River Indian Tribes
records (any)
Discharge
7. Possession of illegal weapons or fire
arms on CRIT Premises
Discharge
8. Intentionally misusing or damaging
CRIT property of Another employee
30 day
suspension
Discharge
9. Smoking in unauthorized areas
3 day
suspension
30 day
suspension
Discharge
10. Leaving work area or department
during working hours Without permission
1 day
suspension
3 day
suspension
Discharge
11. Unauthorized operation of vehicles
and equipment
1 day
suspension
3 day
suspension
Discharge
12. Posting or removing notices on CRIT
bulletin boards without permission
Written
warning
3 day
suspension
Discharge
13. Disregard for safety rules
3 day
suspension
30 day
suspension
Discharge
14. Failure to wear specified equipment
3 day
suspension
30 day
suspension
Discharge
15. Failure to report injury or accident
3 day
suspension
30 day
suspension
Discharge
Written
warning
3 day
suspension
10 day
suspension
Discharge
17. Stretching breaks or wasting time
Oral warning
Written
warning
3 day
suspension
30 day
suspension
18. Creating or contributing to unsanitary
conditions by poor housekeeping
Oral warning
Written
warning
3 day
suspension
30 day
suspension
16. Unauthorized absence
Dated: April 8, 2010
2nd Time
3rd Time
4th Time
Page 28
1st Time
2nd Time
3rd Time
19. Insubordination by refusing a
supervisor’s orders
3 day
suspension
20 day
suspension
Discharge
20. Sleeping on CRIT premises during
work hours
3 day
suspension
30 day
suspension
Discharge
21. Unauthorized soliciting of contributions
on CRIT premises
Oral warning
Written
warning
3 day
suspension
Discharge
22. Threatening or intimidating other
employees or supervisor
10 day
suspension
Discharge
23. Lateness
Oral warning
Written
warning
10 day
suspension
Discharge
Written
warning
3 day
suspension
10 day
suspension
Discharge
25. Eating at work station at other than
authorized time
Oral warning
Written
warning
1 day
suspension
3 day suspension
26. Failure to observe traffic and parking
rules on CRIT property
Written
warning
3 day
suspension
10 day
suspension
Discharge
27. Fighting or attempting to provoke a
fight on CRIT premises
10 day
suspension
Discharge
28. Failure to follow specified instructions
Written
warning
10 day
suspension
29. Inability or unwillingness to work
harmoniously with other employees
Written
warning
3 day
suspension
10 day
suspension
Discharge
30. Removal of CRIT records or release of
confidential information
Discharge
Violation
24. Unexcused absences
Dated: April 8, 2010
4th Time
Page 29
PROPRIETARY INFORMATION
When the Tribal Council receives proprietary information or produces proprietary
information as a result of Tribal Council meetings and Tribal Committee meetings
or as a result of any ether action, all employees are obliged to safeguard the
information and to retain it on a confidential basis.
Adherence to confidential measures is required of all employees who from time
to time may receive, obtain, have access to, work with, or otherwise be in
knowledge of information of a confidential nature.
The nature of confidential information may include, but is not limited to such
materials as Tribal Council meeting minutes, Committee meeting minutes,
technical, economic or legal data or analyses, know-how, test results, lists,
charts, maps, accounting and financial data, job applications, employee credit
information and other proprietary interests of the Tribes and their employees.
Protecting and safeguarding of confidential information is a condition for initial
and/or continued employment. All employees whose regular work activities
involve access to such confidential information are so advised by their supervisor
of their obligations.
Requests from any outside source for disclosure of confidential information shall
be reported immediately to the Tribal Chairman.
PROPERTY OF COLORADO RIVER INDIAN TRIBES
A.
B.
Care of CRIT Property.
1.
An employee is expected to exercise due care in the use of the
property of the Colorado River Indian Tribes, and to utilize such
property only for authorized purposes. Negligence in the care and use
of Tribal property may be considered cause for suspension and/or
dismissal.
2.
Unauthorized removal of the property of the Colorado River Indian
Tribes from the premises, or its conversion to personal use, will be
considered cause for suspension and/or dismissal.
Return of Colorado River Indian Tribes Property.
CRIT Property issued to an employee must be returned to the Colorado
River Indian Tribes at the time he terminates employment or when it is
requested by his Department Head for his designated representative. The
value of any property issued and not returned may be deducted from the
employee's pay check.
Dated: April 8, 2010
Page 30
C.
Personal Property on CRIT Premises.
The Colorado River Indian Tribes assumes no responsibility for loss or
damage to the personal property of an employee.
DISCIPLINE
A.
Purpose of Disciplinary Action
A violation of the Colorado River Indian Tribes Rules constitutes misconduct
on the part of the employee, and appropriate disciplinary measures, as
indicated in the following actions, should be initiated by the supervisor. Such
disciplinary measures should be administered in an objective and
constructive manner intended to motivate the employee toward proper
conduct in the future. All disciplinary actions must be documented and a
copy sent to Human Resources.
The handling of work performance problems not arising out of misconduct
should be according to Performance Reviews and disciplinary action should
not be taken.
B.
C.
Investigation of Misconduct
1.
A supervisor who becomes aware of suspected employee misconduct
should promptly commence a thorough investigation of the incident,
and this must include asking the employee for an explanation of his/her
actions.
2.
If the suspected misconduct would constitute a serious offense, the
Administrative Manager should be notified as soon as possible. The
employee may be suspended without pay while the investigation is
being conducted for a period not to exceed seven (7) calendar days, if
warranted by the nature of the offense and/or the employee's behavior.
Any period of such suspension not converted to discharge or
disciplinary time off will be treated as compensable time not worked.
Classification of Misconduct
1.
Minor offenses are those violations of the Colorado River Indian Tribes
Rules which are unacceptable if repeated, but for which the employee
will not be discharged for the first offense.
2.
Serious offenses are those willful or deliberate violations of the
Colorado River Indian Tribes Rules of such a nature that the first
offense may indicate that continued employment of the employee may
not be in keeping with the best interest of the Tribes.
Dated: April 8, 2010
Page 31
D.
Classification of Disciplinary Action
There are four basic classifications of disciplinary action:
1.
Employee counseling or oral reprimand - Employee is counseled by the
supervisor following a minor offense in an effort to eliminate possible
misunderstandings and to explain what constitutes proper conduct.
2.
Written reprimand - Employee receives a written notice of discipline
following intentional or repeated minor offenses. The purpose of a
written reprimand is to make certain that the employee is fully aware of
the misconduct he/she has committed and what is expected, thereby
enabling the employee to avoid a recurrence of the incident.
3.
Final written warning - Employee receives written notice of disciplinary
action following serious misconduct or further repeated minor offenses;
disciplinary time off without pay may also be given. The purpose of a
final written warning is to make certain that the employee understands
the seriousness of the misconduct and that further misconduct will most
likely result in discharge.
4.
Discharge - Employee is discharged as the result of a serious offense
or the final step in the accumulation of minor offenses of the same
nature.
If any employee disagrees with discipline given, the Grievance Procedure may
be used.
Dated: April 8, 2010
Page 32
DUPLICATING EQUIPMENT
The use of Tribal duplicating equipment (Photocopier, etc.) will be confined to
tribal business and to projects specifically sponsored and financially supported by
the Colorado River Indian Tribes.
Use of duplicating equipment for personal benefit of employees or others is
contrary to tribal policy and will not be allowed.
When the Colorado River Indian Tribes directly sponsors outside or tribal
membership organizations, reasonable use of duplication equipment by a tribal
representative will be, on occasion, approved.
Following is the heading on Duplicating Use Log and entries for all duplication
use must be made:
DEPARMENT/ORGANIZATION
DATE
NAME
Dated: April 8, 2010
A/C NO.
NAME
NO. OF COPIES
Page 33
EMPLOYEE IDENTIFICATION BADGES
The Colorado River Indian Tribes shall issue employee identification badges to
every employee. Employees shall be required to wear the identification badge at
all times while on duty. Habitual failure to wear the identification badge will result
in disciplinary action. Employees are responsible for notifying the Human
Resources Department if his or her identification badge is lost or stolen and to
obtain a duplicate.
[July 23, 2009]
EMPLOYEES’ PRIVACY PROTECTION POLICY
The CRIT Employees’ Privacy Protection Policy has three basic objectives:
to create a proper balance between what an individual is expected to
divulge to its record keeping department (personnel) and what he
seeks in return (to minimize intrusiveness);
to open-up record keeping operations in ways that will minimize the
extent to which recorded information about an individual is itself a
source of unfairness in any decision about him made on the basis of it
(to maximize fairness); and
to create and define obligations with respect to the uses and disclosures
that will be made of recorded information about an individual to create
legitimate, enforceable expectations of confidentiality.
Note CRIT Rule No. 30 and accompanying explanation, particularly 3rd paragraph, page 30, concerning protection of Tribal governmental and operational
information.
GRIEVANCE PROCEDURE
A.
Policy.
It is the policy of the Colorado River Indian Tribes:
1.
To ensure that employees receive fair and equitable treatment;
2.
To provide employees with an easily accessible procedure for
expressing dissatisfaction;
3.
To foster sound employee-supervisor relations through communication
Dated: April 8, 2010
Page 34
and ultimate reconciliation of work-related problems.
The employee Grievance Procedure described herein has been established
as a primary means of meetings these policy objectives.
Department Heads and supervisors are responsible for making certain that
employees under their jurisdiction have knowledge of and understand the
Grievance Procedure, and that employees feel free to use the procedure
without fear of criticism or action being taken against them affecting their job
security, wage progression opportunity, or chance for job advancement.
B.
Application.
This policy has application to all employees.
C.
Definition.
GRIEVANCE.
D.
An expression of dissatisfaction relating to wages, hours
of work, administration of personnel policies, perceived
unfair or inequitable treatment or discipline, or other
conditions of employment.
Administrative Guidelines.
1.
All time limits specified herein are calendar days. In the interest of the
prompt resolution of employee complaints, the action at each step of
the Grievance Procedure should be taken as rapidly as possible but not
later' than the prescribed time limit. In the event of extenuating
circumstances, a time limit may be extended by mutual agreement of
the parties at that step.
2.
Grievance hearing will be scheduled at mutually satisfactory times.
Grievance hearings are considered compensable hours
worked, except in cases where the employee has been placed
on suspension or terminated.
3.
An employee may have the assistance of the Human Resources
Director in preparing and processing a grievance at any step.
4.
New grievance issues that were not raised at Step 1 may not be raised
by either party at Steps 2 and 3.
5.
A written summary of the complaint and facts and information
accumulated should be made by the representative at each step and
forwarded to the Human Resources Director and to the next higher
level in the Grievance Procedure, together with copies of grievance
appeals and responses.
Dated: April 8, 2010
Page 35
6.
E.
Grievance information or testimony must be treated in a most discreet
and confidential manner by all persons involved.
Administrative Procedure.
1.
Every reasonable effort should be made by supervisors and employees
to resolve any questions, problems and misunderstandings that have
arisen. Accordingly, employees should first discuss any complaints or
questions they may have with their immediate supervisors and are
urged to initiate such discussions at the time the dissatisfaction or
question arises. Supervisors, in turn, should take positive and prompt
action to answer employee’s questions and resolve complaints
presented to them. Employees may also meet with the Administrative
Manager prior to initiating a grievance to receive guidance and
assistance.
2.
If an employee’s problem has not been resolved after presenting it to
his/her supervisor, a grievance may be initiated with the Department
Head at Step 1. To be accepted for consideration, a grievance must be
initiated within ten (10) days following the date when the employee first
had knowledge of the incident that gave rise to the grievance. The
Department Head arranges a meeting with the employee to discuss the
complaint, develops all the available facts and information relative to
the grievance. In cases where an oral response has been given the
employee, a memorandum summarizing the response should be
prepared and forwarded to the Human Resources Director.
3.
Step 2 – Human Resources Director.
If a satisfactory resolution of the grievance is not reached at Step 1,
the employee may request that the grievance be processed to the
Administrative Manager for review at Step 2. The grievance must be in
writing and presented to the Administrative Manager within seven (7)
days after receiving the Step 1 decision; the grievance is considered
settled on the basis of the Step 1 decision if such a request is not
presented. Upon receiving the grievance appeal, the Administrative
Manager conducts a preliminary investigation as a background for
analysis and discussion, and meets with the employee within seven (7)
days after receiving the grievance to hear the employee's viewpoint.
The Administrative Manager's written decision is presented to the
employee within seven (7) days following the meeting, with copies to
the Administrative Committee.
4.
Step 3 - Administrative Committee.
If a satisfactory resolution of the grievance is not reached at Step 2,
Dated: April 8, 2010
Page 36
the employee may request that the grievance be processed for review
at Step 3. The request must be in writing and presented to the
Administrative Committee within seven (7) working days after receiving
the Step 2 decision. If the Grieving Employee and the Department
Supervisor agree, the seven (7) working days can be extended. The
grievance is considered settled on the basis of the Step 2 decision if
such a request is not presented. At the Administrative Committee’s
option, the grievance is reviewed and a final decision made by the
Administrative Committee.
For purposes of Step 3 Grievance Hearings with the Administrative
Committee, the Administrative Committee will present the Chairman,
Vice-Chairman, Tribal Secretary and Tribal Treasurer. The Chairman
has the option to replace a member of the Administrative Committee
who is absent from or who elects to recuse themselves with another
Tribal Council Member.
The Administrative Committee will arrange for a grievance hearing to
be conducted within fourteen (14) working days after receiving the
Step 3 appeal. The Administrative Committee will review all the
available facts and information and will make the best effort to issue a
written decision within seven (7) working days following the hearing.
The Administrative Committee will review the decision of the Human
Resources Director in Step 2. The only evidence before the
Administrative Committee will be the record used by the Human
Resources Director in Step 2. A decision issued by the Administrative
Committee is final and binding on all concerned.
F.
Procedures for the Administrative Grievance Hearing.
The Chairman shall have responsibility and authority over the entire hearing
process. Each Administrative Committee member will be given the
opportunity to address questions to the Grieving Employee, Human
Resources Director and Department Supervisor.
The Chairman will enter Executive Session in order to maintain
confidentiality for the protection of the Grieving Employee’s rights to privacy.
A copy of the Grievance will be distributed to the Tribal Council members in
attendance and will be collected by the Human Resources Director at the
end of the Administrative Hearing.
G.
Grieving Employee.
The Grieving Employee will have the opportunity to make an opening and
closing statement to present his or her perception of the issue of the
Grievance. The Grieving Employee will have the opportunity to review and
Dated: April 8, 2010
Page 37
discuss the record as stated in the Human Resources Director’s findings
from Step 2.
H.
Department Supervisor and Human Resources Director.
In addition to the Grieving Employee and Administrative Committee
members, the Human Resources Director and the Department Supervisor
who took the course of action with the Grieving Employee will be in
attendance at the Administrative Hearing. The Human Resources Director
and the Department Supervisor will be given the opportunity to review the
record as stated in the Human Resources Director findings from Step 2. The
Human Resources Director will be given the opportunity to make an opening
and closing statement.
I.
Presenting Information.
Before addressing the Administrative Committee, all persons at the hearing
shall be recognized by the Chairman.
The presentation of any information that is irrelevant, immaterial or unduly
repetitious or that does not bear directly on the issue before the
Administrative Committee shall be disallowed by the Chairman.
Personal comments regarding individuals whether or not present at the
hearing, will not be allowed, unless they clearly go to the credibility of a
witness present some evidence of relevant bias, or are clearly probative to
the issue before the Administrative Committee.
J.
Confidentiality.
Confidentiality of the hearing is of the utmost importance. The Administrative
Committee, Department Supervisor, Human Resources Director and
Grieving Employee participating in the hearing shall not discuss the action
beyond the confines of the hearing, except to seek legal advice.
K.
Determination by the Administrative Committee.
Once the review of the findings of the Human Resources Director from Step
2 is complete and closing statements are made the Chairman shall exit the
Executive Session and a motion can be made concerning the Grievance. A
decision issued by the Administrative Committee is final and finding on all
concerned.
L.
Exceptions to Grievance Procedure.
1.
In cases where an employee believes that the overall performance
rating or a particular rating received under a Performance Review is
Dated: April 8, 2010
Page 38
unfair, the employee may discuss his/her concerns with the supervisor
in an attempt to reach a satisfactory resolution and enter any remarks
deemed appropriate in the section provided on the Performance
Review form. If a satisfactory resolution is not reached, the employee
may initiate a grievance at Step 1 of the procedure. Except in cases
where the overall performance review rating is unsatisfactory, and/or
where the employee has been suspended, placed on probation, or
involuntarily demoted or transferred, the decision of the Department
Head is final.
NOTE: A grievance initiated by an employee reporting directly to a
Department Head may be appealed to Step 2 of the procedure for
review and final decision by the Administrative Manager.
2.
In cases where an employee believes that he/she should not have
been involuntarily terminated (released or discharged), the employee
may initiate a grievance at Step 2 of the procedure.
3.
In cases where a grievance has been initiated by a new employee in
probationary status, the decision of the Department Head at Step 1 of
the procedure is final Recommendations for other exceptions to the
Grievance Procedure described herein must have the approval of the
Administrative Manager and the Administrative Committee prior to
submission to the Tribal Council.
[July 23, 2009]
HIRING
The Colorado River Indian Tribes (CRIT) is an equal opportunity employer and
will not discriminate in the hiring process on the basis of sex, religion, race, color,
age of national origin. The same actions apply to the hiring of any handicapped
person unless the handicap is directly related to job performance.
There is a Tribal policy with respect to Indian preference as explained below:
Background: The history of granting Indians preference for employment within
the outer boundaries of the reservation is quite extensive. The Act of June 30,
1834 (25 U.S.C. 45) stipulates:
“In all cases of the appointment of interpreters or other persons
employed for the benefit of the Indians, as far as practicable be given
to Indians in the employment of clerical, mechanical and other help on
reservations and about agencies. “
A hundred years later, after the original enactment of legislation providing for
Indian preference the Wheeler Howard Act of June 18, 1934 (25 U.S.C. 472) was
Dated: April 8, 2010
Page 39
enacted providing for,
“Standards for Indians appointed to Indian Office. The Secretary of the
Interior is directed to establish standards of health, age, character,
experience, knowledge, and ability for Indians who may be appointed
without regard to civil service laws, to the various position maintained,
now or hereafter, by the Indian office, in the Administration of functions
on services affecting any Indian tribe. Such qualified Indian shall hereafter have the preference to appointment to vacancies in any such
positions.”
It is obvious and clear that it is the interest and policy to provide preference to
Indians seeking employment within the Indian programs and Tribal operations.
POLICY
It is the policy as well as the intent of the Colorado River Indian Tribes to
implement the various legislative enactments cited which provide for preference
in the employment of Indians within exterior boundaries of the Colorado River
Indian Reservation. Accordingly,
A.
When a qualified Indian* is available, she or he will be selected for initial
appointment to vacancies unless there are valid and documented reasons of
unsuitability or unsatisfactory performance as a basis for rejection.
*Indian in this document means a member of the Colorado River Indian
Tribes.
B.
The Colorado River Indian Tribes will continue active recruitment efforts
through all possible channels to locate qualified Indians.
C.
A thorough review will be made to determine whether the scope or
responsibility of any vacant position may be structured to permit the
appointment of a qualified Indians.
D.
To enhance the achievement of the goal and objective of the Colorado River
Indian Tribes Preference Policy, persons of Indian descent will be given
priority for promotions. When a position with promotional opportunity is
available, qualified Indian employees and qualified Indian applicants will be
given priority consideration within the precepts of good management. When
applicants are basically equal, priority will be extended to Indians unless
there are valid, documented reasons of unsuitability or unsatisfactory performance which would justify non-selection of the Indian employee or
applicant.
E.
As a basic part of the overall policy of the Colorado River Indian Tribes to
Dated: April 8, 2010
Page 40
increase the involvement and participation of Tribal members in the
management of their offices, the Colorado River Indian Tribes will
aggressively promote career development and training programs which will
give consideration to their needs. Training positions may be established,
funded and monitored by tile Tribal Council; these positions to be scattered
throughout operating units forming a bridge for advancement (career
development) leading to an all-Indian operated organization.
VETERAN’S PREFRENCE
It is the policy of the Colorado River Indian Tribes regarding veteran’s preference
that a qualified Indian who is not a veteran will have preference over a non-Indian
veteran. A qualified Indian who is a veteran shall have preference over a nonveteran Indian.
STATEMENT OF NON-SELECTION
In the event a non-Indian applicant for the position is selected where qualified
Indian applicants are available, justification for such selection will be submitted
by the hiring/selecting supervisor and approved by Tribal Administration officials
before the appointment is finalized.
Complete records of this process will be kept and all job openings not filled from
within the Colorado River Indian Tribes operating units will be placed as public
ads with the local or surrounding area news media. The Human Resources
Office must be contacted prior to undertaking any action to procure help. All
hiring procedures must be adhered to.
The Colorado River Indian Tribes will also endeavor to hire the best qualified
applicant. The selection will be based on qualifications, skill, training, personality,
temperament and experience. All Department Heads will coordinate applications
through Human Resources.
All new positions that are advertised will be posted for all present employees to
note.
Files of applicants are maintained in the Human Resources office. These may be
used and should be reviewed when seeking new employees.
PROCEDURES
Prior to employing an individual, certain preliminary steps must be taken to
ensure uniformity of our Personnel practices and compliance with the various
laws concerned with employment practices. These are the steps and procedures.
A.
The Department Head requesting additional or replacement people must
Dated: April 8, 2010
Page 41
submit in writing the request identifying the job position and need to Human
Resources. The need for temporary employees would be anticipated at least
several days in advance for the proper channels to be followed.
B.
Human Resources must then verify if a Job Description has been written
and is up to-date. The Job Description must include a description of duties,
responsibilities, qualifications, salary range, and performance standards.
C.
If the Job Description has not been written or is not up-to-date, Human
Resources must do so together with the Head of the hiring department. This
Job Description together with the request then goes to the Administrative
Committee for approval.
D.
If the request is approved, the Department Head may rehire a person from
the established Recall List of past employees which is held in Human
Resources. If a person is not hired from the Recall List, Human Resources
will post the opening with the Job Description on all bulletin boards for a
period of 10 working days.
E.
Employees may then apply for the opening. Applications must be submitted
to Human Resources Office in writing.
F.
The Department Head is to review the applications submitted by employees.
A suitable person from within the Colorado River Indian Tribes may be hired
at this point. The Review Sheet must be completed for all applicants from
any source for any job.
G.
If a suitable person is not available from within the Colorado River Indian
Tribes, Human Resources is to review the files for persons on the Recall
List. If a suitable person is not then available, applications on file in Human
Resources must be reviewed and noted on the Review Sheet. Human
Resources will keep all applications of the past 8 months. If a suitable
person is not available from past applicants, advertisements and where they
are to be placed must be submitted to Human Resources.
H.
The Human Resources Department must approve all advertisements and
post the openings of jobs of greater than 5-day duration. All applications are
to be kept by Personnel. Copies may be made of applications if a
Department so wishes. The hiring of a presently employed person or a
person from the Recall List are exemptions· to the posting requirement.
I.
If a suitable applicant is found, he or she may then be hired.
J.
If desirable, the Human Resources Office may coordinate this process to
allow an internal search, a Recall List review, and an outside search
simultaneously to produce applicants.
Dated: April 8, 2010
Page 42
K.
After an employee has been hired, Human Resources must be notified in
writing and all pertinent information on the person supplied. Instructions will
come from Human Resources.
L.
The actual hiring of persons will be made by an Officer of the Colorado
River Indian Tribes or his/her authorized representative. Interviewing and
selection may be done by persons designated by an Officer. Actions to
begin the Employment Request must be initiated by an Officer, or in a
written request to an Officer from a Department Head.
M.
The qualifications which we impose as necessary when hiring, must be
directly related to successfully performing the job.
FORMS
The forms applicable to the hiring process are:
A.
Office Memo requesting the job position and need to Human Resources.
B.
Job Description
C.
Vacancy Announcement
D.
Employment Application
E.
Personnel Status Report
F.
W-4 Employees Withholding Allowance Certificate
G.
State Withholding Exemption Certificate
H.
Recommendation for Hire Form
I.
Drug Screening Consent Form
Copies of forms listed above are in the Department Head's office.
HOLIDAYS
A.
Policy
It is the policy of the Colorado River Indian Tribes to afford qualifying employees
eleven (11) paid holidays each year.
B.
Application
Dated: April 8, 2010
Page 43
This policy applies to all permanent full-time employees and permanent part-time
employees normally scheduled to work at least thirty (30) hours per week.
C.
Administrative Guidelines
1.
Holidays Observed
a.
The Colorado River Indian Tribes observes the following holidays:
January 1
January 19
Third Monday in February
March 3
Last Monday in May
July 4
First Monday in September
Last Friday in September
November 11
4th Thursday &Friday in November
December 24 (1/2 Day)
December 25
December 31 (1/2 Day)
2.
New Year’s Day
Martin Luther King Birthday
Washington’s Birthday
CRIT Observance Day
Memorial Day
Independence Day
Labor Day
Native American Day
Veteran’s Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve
b.
If a paid holiday falls on Sunday, Monday will be the paid holiday.
If a paid holiday falls on Saturday, Friday will be the paid holiday.
c.
An employee who is scheduled to work on a holiday, or is on a
scheduled day off when a holiday is observed, will be granted
equivalent time off with pay, either before or following the holiday.
d.
If an employee desires time off to observe a holiday not listed
above, such time off may be granted without pay or by a charge to
annual leave, subject to staffing needs of the department.
Designated Holidays
a.
Holiday pay benefits for Native American Day, Independence Day
(July 4), and Labor Day (First Monday in September) apply to all
employees including temporary part-time employees, summer
vacation relief employees and temporary student help.
b.
An employee who is on paid leave of absence including leave due
to occupational injury will be eligible for holiday pay for a
designated holiday observed during the leave of absence.
Dated: April 8, 2010
Page 44
c.
If a designated holiday is observed during an employee's vacation
period, the employee will be eligible for an additional time off with
pay equal to the holiday time for which the employee is eligible.
d.
An employee with an unexcused absence immediately prior to or
after a designated holiday, or equivalent day off, will not be paid
for the holiday or equivalent day off.
INJURY
On the Job
A.
Regardless of the nature or severity, all injuries incurred while on the job
must be reported to your supervisor at once.
B.
The Colorado River Indian Tribes insures employees against accidental
injuries under the Workmen's Compensation Act of the State of Arizona.
Injured employees are to be sent to Parker Community hospital for
treatment.
C.
In case of serious injury your Supervisor may refer the employee to the
treatment doctor on duty at the local hospital.
D.
An injured employee who is sent home by the doctor will be paid for the
remainder of the work day. In no event shall an employee receive
remuneration in excess of base pay for time lost due to a work incurred
injury. The injured employee becomes eligible on the eighth day and if
continues until the fourteenth day retro to the first day of injured for
compensation.
E.
Any employee who fails to report an injury during the work day in which the
injury incurred, will be subject to disciplinary action. Examinations, follow-up,
prescription, mileage, meals, and accommodations, are provided under
policy.
INFORMATION ABOUT CURRENT OR FORMER EMPLOYEES
A.
In order to protect the interests of the tribes and Tribal employees,
information regarding employees is treated as confidential.
B.
All inquiries regarding current or former employees from any source outside
the Tribes are referred to the Administrative Manager.
C.
Letters of reference or recommendation for employees leaving the Tribes
are usually not provided. Any specific request for an exception is referred to
the Administrative Committee through the Administrative Manager.
Dated: April 8, 2010
Page 45
D.
The Administrative Manager or a duly authorized representative will provide
certain employee information in accordance with the following guidelines:
1.
Verification of employment in respect to a prospective creditor via
telephone.
2.
Verification of salary only in response to written requests for information
from prospective employers or creditors.
3.
Necessary information only in response to written requests for
information required to process an employee's credit application (home
loan, etc.) making certain that the employee understands and agrees to
Administrative Manager's processing such information.
INSUBORDINATION
There is a fine line between outright refusal to accept a supervisor’s instructions,
and legitimate questioning of an order. The former challenges the superior’s
authority and cannot be ignored; the latter may well have a constructive intent,
even when it is crudely expressed.
When employee challenges a superior’s authority, and uses a few choice words
in the process, recognize that the superior cannot ignore the situation. It is a
direct challenge to authority, particularly if other workers hear the remarks.
It should also be recognized that provocation, illness and stress are mitigating
factors in cases of foul language. But no one will support an employee who
claims his words were free speech protected by the First Amendment.
One of the most justifiable reasons to refuse an order is a belief it would be
unsafe to obey. However, unless the employee has a reasonable safety
complaint it is usually better for all concerned to do the work now, and file a
grievance later.
LATENESS
Employees are expected to be on time. Continued lateness will not be tolerated
and may result in the employee's dismissal.
If you are going to be unavoidably detained, you should phone your supervisor
and let him know.
Employees, in cooperation with their supervisor, must fill in their timecards and
certify to their correctness.
Dated: April 8, 2010
Page 46
Anyone found cheating on his/her timecard may be subject to immediate
dismissal. Honest mistakes should be corrected immediately upon detection.
All incoming mail is subject to examination. Mail addressed to employees may be
opened as it is Colorado River Indian Tribes’ standard practice to open all
incoming mall. If employees do not wish to be subjected to this standard practice,
they must have their mail sent to their place of residence.
Employees may use Tribal Courier service for outgoing mail. All employee
outgoing mail must bear applicable postage.
MOONLIGHTING
DEFINITION
When permanent full-time Colorado River Indian Tribes
employees take employment outside Colorado River
Indian Tribes.
The Colorado River Indian Tribes discourages its full-time employees from taking
employment outside the Colorado River Indian Tribes.
If an employee is planning to take an outside job the employee's supervisor
should be notified.
If an employee is unable to maintain high work performance at the Colorado
River Indian Tribes as a result of his moonlighting at the outside job, the
employee may be asked to terminate his outside job.
The Colorado River Indian Tribes will not pay medical benefits for injuries or
sickness resulting from employment at an outside job.
ORIENTATION
Orientation activities for all full-time permanent employees are divided into two
segments. The objective of an orientation procedure is to explain the Colorado
River Indian Tribes' policies and procedures to new employees so they
will have a thorough understanding of what is expected of them.
A.
Orientation Procedures for First Day
Welcome the employee to the department and make him/her feel at home.
Explain what the department does, its role in relation to the total, Colorado
River Indian Tribes operation, and where the new employee's job fits into
the total department and Colorado River Indian Tribes operations.
Dated: April 8, 2010
Page 47
Tell the new employee about work schedule - starting time, quitting time,
lunch hour, and breaks. Be sure to stress the importance of promptness.
Explain pay procedures. Tell employee when pay day is, how checks are
distributed, and the length of pay periods.
Discuss procedures pertaining to absence from work. Employee should be
told whom to call to state why they will be absent. Also explain the sick
leave plan and stress the effect that absences will have on the employee's
record. Stress importance of completing 90-day probationary period.
Explain that smokers must respect the right of non-smokers.
Introduce new employee to other workers and explain what other workers
do and how their jobs relate to his/her job.
Show new employee where washroom, fire exits, drinking fountain, and
vending machine are located. Also explain parking rules and location of
parking lot.
Explain what holidays the Colorado River Indian Tribes celebrates and the
policy on being paid for these holidays.
Discuss procedures for compensatory time and extent of new employee's
role in working before and/or after regular starting and quitting time.
Explain the Colorado River Indian Tribes vacation policy; when vacations
are scheduled, how long they last, and the pay policy for vacations.
Specify where first aid can be obtained and explain policy on filing an
accident report if hurt on the job.
Give information on department safety rules, practices and procedures.
Explain policy on making or receiving personal telephone calls during
working hours.
Discuss courtesy and explain how it affects employee's image as well as
Colorado River Indian Tribes' image with tribal members, the general public,
fellow employees, and other individuals. Give new employee a
copy of Colorado River Indian Tribes "MOTTO".
"I will meet all kinds of people today. Help me to help them all. If
I meet any who are sad, help me to comfort them even if I can
do no more than say a word of kindness and shake their hand. If
I meet any who are depressed, help me to cheer them and send
Dated: April 8, 2010
Page 48
them on their way happier because they met me. If I meet any
who are worried, help me ease their anxiety as far as I can. If I
meet any who are overburdened, help me to lend them a hand,
even if it means extra work for me and even if I have to go out of
my way to do so. If I meet any who are disgruntled, even angry,
help me to show them that things are not as bad as they think
they are. If I meet any who are happy help me to share in their
joy. Make me able to enter the minds and hearts of all I meet
today and to bring joy and happiness wherever I go. And finally,
make me ever mindful that courtesy is not only the least
expensive thing I have at my immediate disposal but also that it
is the most contagious.”
B.
Orientation Procedures During Second or Third Week
Discuss Colorado River Indian Tribes' policy regarding the solicitation of
funds (collections and donations) during working hours.
Discuss employee benefits as pension, life insurance, and group medical
plan.
Tell employee what procedures to follow in case of changes in personal
status such as change of address, change of beneficiary, change of marital
status, etc.
OUTSIDE ACTIVITIES
By and large, an employer cannot dictate the activities in which an employee
may participate away from the employer’s place of business. However, if an
employee’s activities off the job have a negative impact on his or her work,
there may be valid reason for disciplining or terminating an employee in order to
eliminate any difficulties caused by non-work activities.
Employees should avoid any outside activities which interfere with their work
performance.
PERFORMANCE REVIEW
A.
Policy
It is the policy of the Colorado River Indian Tribes to conduct Performance
reviews with employees on a regularly scheduled basis as an employee
development activity intended to assist and motivate employees to attain
their maximum potential.
B.
Objectives
Dated: April 8, 2010
Page 49
The specific objectives of the Performance Review Plan are:
C.
D.
1.
To motivate and guide employees toward greater self-development and
improve performance by discussing significant strengths and areas
needing improvement in a positive, constructive manner.
2.
To provide a uniform means for supervisors to make tenure-merit
salary determinations based upon their assessment of employee
performance in relation to performance requirements.
3.
To provide a means for evaluating employee suitability for
continuation of employment beyond the probationary period and for
job transfer and/or promotions.
4.
To identify training resource needs.
5.
To provide a record of employee progress.
Application
1.
The performance of all employees should be reviewed on a regularly
scheduled basis. The program described herein applies to all
employees.
2.
The review of unsatisfactory performance due to employee misconduct,
rather than job inaptitude, should be handled under Employee Conduct
and Discipline.
Administrative Guidelines
1.
Performance Requirements
Performance requirements represent the level of performance that
is expected of employees in fulfilling the duties and responsibilities
of a position. Performance requirements are established by the
Department Head and supervisor responsible for a position, and
should be communicated to incumbent employees.
2.
Reviewing Employee Performance
a.
Supervisors are responsible for conducting thorough, impartial
and timely Performance Review with employees who report
directly to them. Performance Reviews are a function of "rating"
employees on the basis of their performance and length of time in
the position in relation to the performance requirements, Reviews
Dated: April 8, 2010
Page 50
should not be made by comparing or "ranking" the performance of
one employee against another employee's performance.
b.
Performance Review forms are intended to assist supervisors in
recording their assessments of employee performance in
communicating their appraisals with employees.
(1) Employee Performance in each criterion should be ratedindependently of the other criteria according to the
following definitions of performance levels:
OUTSTANDING - Performance is consistently at the
very highest level and far exceeds requirements.
(Note: the supervisor must include explanatory
comments)
SATISFACTORY- Performance is at an acceptable
level and meets or exceeds requirements.
UNSATISFACTORY - Performance is at an unacceptable
level and below requirements. (Note; the supervisor must
include explanatory comments and notify employee 30 days
in advance.)
(2) Whenever a supervisor has insufficient information
concerning performance, the supervisor should confer
directly with the employee and with other supervisors who
have knowledge of the employee's performance.
(3) Space is provided on the forms to include pertinent
comments relative to the employee's performance and
together with the discussion of the Performance Review
should lead to a complete understanding of why the rating
has been made. If additional space is required, attach
another sheet properly referenced.
(4) In determining the Overall Employee Performance Rating,
those criteria most important to the duties of the position
should be given the most weight; the performance ratings
should not be averaged.
c.
Should an employee disagree with the Performance Review, the
employee should discuss the differences with the supervisor in an
effort to reach a mutually satisfactory resolution. If unable to
achieve such a resolution, the employee should note any
unresolved issues on the form. The employee should also be
advised that the dispute can be appealed to the supervisor's
Dated: April 8, 2010
Page 51
superior or the Department Head
for review.
d.
Where it has been determined that the employee's performance is
unsatisfactory and immediate improvement appears unlikely, the
Department Head should confer with the Administrative Manager
to arrange for the employee’s release, demotion or transfer.
Involuntary termination of employee initiated by the supervisor
requires prior approval by the Department Head and
Administrative Manager and, except in cases involving
probationary employees, the Administrative Committee.
(See attached performance review form in the addendum)
3.
E.
Frequency of Performance Reviews
a.
The performance of an employee should be reviewed three (3)
months after employment, six (6) months after employment,
twelve (12) months after employment, and annually thereafter.
b.
Special Performance Reviews should be conducted at time other
than the above when deemed necessary or appropriate by
supervisors, e.g., unusual improvement or decline in work
performance.
c.
Performance Review dates are adjusted as necessary to be
consistent with changes in an employee's salary review date.
d.
Performance Review discussions should closely interface with the
day-to-day informal coaching and guiding of employees in their
development.
Administrative Procedure
1.
Department Head or supervisor originates the Performance Review
form as indicated in Frequency of Performance Reviews, (See D3.)
2.
Supervisor prepares the Performance Review form and reviews
completed form with the next higher level of supervision.
3.
Supervisor discusses Performance Review with employee on or before
the scheduled review date. Supervisor invites the employee to enter
comments on the Performance Review form affording the employee a
reasonable period of time to develop his/her comments, if requested.
4.
Supervisor makes distribution of the form as follows:
Dated: April 8, 2010
Page 52
a.
Original – Human Resources Department
b.
First copy - Department Head
c.
Second copy - Employee
5.
Human Resources Department reviews the Performance Review form
to determine that it is consistent with administration policy guidelines.
6.
Human Resources Department prepares annual departmental and
overall summaries of the ratings and advises Department Heads on
significant departures from the normal distribution.
7.
As appropriate, the Department Head and supervisor will review the
results of Performance Reviews in order to identify training needs and
develop or recommend training programs or other specific follow-up
measures for individual employees or groups. Cost estimates for
training or other measures will be included in annual budget request.
PERSONAL TELEPHONE CALLS
A.
Personal calls, both incoming and outgoing, are discouraged.
B.
The Colorado River Indian Tribes recognize that there may occasionally be
times when personal calls must be made or received during business hours.
Such call s must be held to a minimum and must not interfere with the
employee's work. Workers are encouraged to make personal calls during:
their morning or afternoon breaks.
C.
In an emergency, phone calls may be made or received. An emergency is
regarded as illness or a severe injury to a member of one's family, changed
plans regarding an employee's transportation home from work. etc.
D.
Where a long distance call must be made in an emergency situation, the call
must be billed to the caller's home phone number.
E.
Long "chatty" telephone conversations on unimportant matters may result in
disciplinary measures.
POLITICAL INVOLVEMENT
The Colorado River Indian Tribes encourage employees to participate in the
political electoral process. It is each employee's duty to his government to do so.
However, employees may not do the following on a personal as is during working
hours:
A.
Work on political efforts during specific working hours.
Dated: April 8, 2010
Page 53
B.
Use Colorado River Indian Tribes' stationary, staff services, employee's
time, office equipment, materials or plant equipment, or any other
Colorado River Indian Tribes' owned asset for political purposes. This
includes telephone calls.
C.
Exploit their titles or positions within the Colorado River Indian Tribes.
POLITICAL CONTACTS
The Tribal Council has the sole authority to develop and represent the
Tribes' position on any public issue, legislation or regulatory proposal.
Tribal Officers, with approval of the Tribal Council, have sole authority to
represent the Colorado River Indian Tribes' position on the concerns in an
open forum, including formal letters, personal telephone calls, conversations
at public gatherings, etc.
Employees are encouraged to contact their governmental representative on their
own time in any appropriate place and manner.
EMPLOYEES AS ELECTED OFFICIALS
The Colorado River Indian Tribes grant unpaid leaves of absence to employees
who seek elective office. With the Administrative Committee’s approval,
employees who wish to participate in a temporary, full-time, campaign position
may be granted a leave of absence for the duration of the election.
The possibility of conflict of interest precludes staff members and
permanent full-time employees being appointed members of Tribal
committees.
Committee appointees are expected to participate fully, and employees may not
be able to provide the required time without adversely affecting their regularly
assigned work.
PROBATION
New employees shall be on probation until they have completed three months
satisfactory service. Employees in a probationary status may be discharged, or
laid-off at the sole discretion of the Tribes.
No employee shall be credited with annual or sick leave until 9O-day
probationary period has been completed. At the completion of the probationary
period the employer will be credited with the annual and sick leave applicable to
the 90-day probationary period.
CETA Manpower personnel who have completed a 90-day probationary period
Dated: April 8, 2010
Page 54
prior to transferring to a CRIT Department will not be required to complete an
additional 90-day probationary period for annual and sick leave purposes, but will
have to complete an additional 90-day probationary period for job performance
and punctuality purposes.
Any trainee, from CETA or any other program will, upon transfer to the Tribal
payroll, start from zero hours annual and/or zero hours sick leave.
Department Heads, Program Managers and Other Key Employees hired to fill
supervisory and/or management positions may be required to complete a longer
than 3 months probationary period. Key positions as Comptroller, Librarian,
Administrative Manager, etc, may be required to complete 12 months satisfactory
service in a probationary status. This determination will be made at the time
approved for hire is made by the Administrative Committee.
Termination/Separation during probationary period is not subject to appeal.
OVERTIME
It is Colorado River Indian Tribes' policy not to work beyond the regular time of
duty which is from 8 a.m. to 5 p.m. The annual department budgets do not
include funds for overtime work except in the Law and Order Department,
Newspaper and Fish and Game Department. Emergency situations which arise
during the year must be provided for and the use of compensatory time only
would place an undue hardship on these departments resulting in a disruption of
necessary services.
COMPENSATORY TIME
When it is necessary to work beyond the regular time, employees will be
compensated in the form of time off during regular working hours at a later date.
All compensatory time will be approved in advance by the supervisor, recorded
as such on the time card, and should be taken during the same or immediately
following pay period. Compensatory time not taken during designated time will be
lost.
PROMOTIONS AND TRANSFERS
The Colorado River Indian Tribes will fill job openings and promote present
employees whenever such employees are qualified. Specifically:
A.
Whenever job opening arises as a result of a resignation, transfer, or
creation of a new position, present employees will be given first
consideration.
B.
Persons outside the Colorado River Indian Tribes will be hired to fill vacancy
only if no one working for the Colorado River Indian Tribes has the
necessary qualifications and ability to fill the position.
Dated: April 8, 2010
Page 55
C.
Factors to be considered in the promotion of employees include education,
experience in present and previous jobs held with the Colorado River Indian
Tribes, performance record, ability, character, skill, willing participation in
on-the-job training programs, and health and physical fitness. Seniority will
be a factor in the selection of employees for promotion only when two or
more employees are equal in all other respects.
D.
This promotion policy is not applicable in following situations:
1.
Temporary opening - that is a position which is established for
a prescribed time period or for a specific project.
2.
Reassignment of personnel which is not a promotion but is
actually a reorganization of a department or several
departments within the Colorado River Indian Tribes.
E.
The employee will begin a new probationary period for the position solely for
the purposes of evaluating the employee’s performance in the new position.
The employee will be subject to drug testing and any required background
and credit checks for the new position.
F.
A promotion or transfer between tribal departments will be considered a
continuation of employment for all benefits leave accruals, compensatory
time, and seniority purposes. However, this provision is not applicable
where prohibited by the term or requirements of a grant or contract which is
the funding source of the position.
Reassignment of an employee made at the discretion of the Administrative
Committee to correct a faulty placement, eliminate personal disagreement, and
compensate for physical problems. Such reassignments are not considered
promotions but are made to improve Colorado River Indian Tribes organization,
relationship between people working together, and provide suitable opportunities
for handicapped workers currently on the payroll.
RECORDS
Change of Employee Status Policy
A.
Employee personnel records. As required by law and for efficient
operations, will be maintained by the Colorado River Indian Tribes.
Employees are requested to report promptly changes in status listed below
to their Department Head.
Change of:
Name
Address
Telephone Number
Marital Status
Dated: April 8, 2010
Page 56
Name, relationship and total number of dependents
Formal education, courses completed and other training or skills
acquired
Person(s) to notify in case of emergency
Physical or other limitations
Pension Plan Beneficiary
Life Insurance Beneficiary
B.
Department Heads are responsible for forwarding any of the above
information received by them to the Personnel Department. In addition to
the above, the Department Heads are responsible for reporting promptly
changes in status of employees as listed below to the Personnel
Department:
Change of:
Completion of 3 months probationary period
Annual leave allowance
Annual salary
Department with account number
Job Title
Duties and Responsibilities
Working hours in conjunction with flex time program
Employees' personnel records maintained in the Personnel Department are the
only personnel records officially recognized by the Colorado River Indian Tribes,
employee personnel records maintained independently by Department Heads
are not authorized and may not be recognized as "official".
RESIGNATION / TERMINATION
In the event you resign, advance notice is expected, i.e., at least ten (10) days for
all employees in a non-supervisory position, and four (4) weeks for any
employees in Supervisory /Management positions.
Should it be found necessary to terminate your employment because of lack of
work or your inability to do the job successfully, you will be given advance notice,
i.e., two (2) weeks for non-supervisory, and four (4) weeks for Supervisory/
Management personnel. Advance notice will not be granted if you are discharged
for dishonesty or an infraction of rules or policies. Employees shall be given the
opportunity to resign before being terminated.
All employees having completed their probationary period whose service is
terminated for any reason will be paid all earned annual leave (vacation time).
Any compensation or other termination pay shall not extend the effective date of
termination beyond the last day worked.
A.
Policy
It is the policy of the Colorado River Indian Tribes to process terminating
employees according to a standardized personnel procedure for the
Dated: April 8, 2010
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following purposes:
B.
1.
To ensure the consistent and equitable treatment of terminating
employees, employees will be given the opportunity to resign before
the power of termination is instituted.
2.
To conduct exit interviews to receive suggestions that terminating
employees may have for improving employment conditions.
3.
To review group insurance conversion privileges and other pertinent
employee benefit matters.
4.
To reclaim credit cards and other Colorado River Indian Tribes’
property.
5.
To arrange for distribution of terminal paychecks.
Application
This policy applies to all departments and to all terminating employees.
C.
Definitions
1.
RESIGNED - Voluntary termination initiated by the employee for
such reasons as other employment, returning to school, leaving
area, staying at home, dissatisfaction with pay or working
conditions.
a.
With Notice - Notification of intent to resign is given in advance
of the last day of work according to the following schedule: nonsupervisory employees, two weeks; supervisory employees, four
weeks.
b.
Without Notice - No notification of intent to resign is given. An
employee absent without notification to, or prior approval by
supervision for three consecutive days on which employee was
scheduled to work is considered a voluntary resignation without
notice.
2.
RELEASED - Involuntary termination initiated by the Colorado River
Indian Tribes due to the inability of the employee to perform
satisfactorily the duties of position for reasons of job inaptitude, health
problems, or lack of work.
3.
DISCHARGE - Involuntary termination initiated by the Colorado River
Indian Tribes for cause, such as absenteeism, misconduct or poor work
attitude.
4.
RETIRED - Termination in accordance with provisions of the
Pension Plan (age 60); such terminations may be voluntary or
involuntary.
Dated: April 8, 2010
Page 58
5. DECEASED - Termination due to death.
D.
Administrative Guidelines
Terminal Pay
1.
Terminal pay shall include:
a.
Pay for work performed through the last hour worked; and
b.
Pay in lieu of unused vacation allowance accrued for each full 40
hours of employment since most recent pay period.
Employees who are resigning or retiring without notice, of being
discharged shall not receive the terminal pay supplement described in
b. above.
2.
3.
E.
Terminal pay shall be reduced by any:
a.
Required legal deductions as loans outstanding;
b.
Blue Cross and/or other insurance employee premiums, if
due that payroll period;
c.
Deductions for Colorado River Indian Tribes' property not
returned;
d.
Prepaid tuition, travel and per diem payment for courses of
transportation not completed at date of termination.
Terminal paycheck(s) are normally made available on the regular
payday next following the date of termination. Such checks are issued
through normal payroll distribution channels; alternative arrangements
may be
made, however, for terminal paychecks to be mailed; issued during the
exit interview, or retained in the Human Resources Department for
issuance at a later date.
Administrative Procedure
1.
It is the responsibility of an employee who intends to resign to notify
the immediate supervisor as soon as possible to allow for the select
ion and training of a suitable replacement in a timely manner.
2.
It is the responsibility of the Department Head or supervisor
designated by the Department Head:
a.
To originate Termination Notice and forward the Personnel Status
Report form to the Human Resources Department.
Dated: April 8, 2010
Page 59
(1) On the date that notice of intent to resign is given by an
employee;
(2) On the date that an employee is notified of discharge or
release; or
(3) On the third day of absence without notice from scheduled
work.
3.
F.
b.
To schedule an exit interview appointment with the Human
Resources Department (normally the employee's last day of
work).
c.
To meet with terminating employee to discuss details of the
termination
d.
Process, including terminal. pay adjustments, return of company
property, final performance appraisal, exit interview appointment,
handling of the terminal paycheck(s) and to issue the Employee
copy of the Termination
Notice;
e.
To forward terminating employee attendance records (time
cards) to the Human Resources Department on the last day of
work.
It is the responsibility of the Human Resources Department:
a.
To conduct and record the exit interview;
b.
To advise the employee with respect to group insurance
conversion privileges and other pertinent employee
benefits matters;
c.
To determine if prepaid tuition, travel and/or per diem is
due the Colorado River Indian Tribes'
d.
To ensure that the employee’s personnel record is complete and
in order to be placed in the terminated employee files; and,
e.
To furnish a summary report of exit interview information
to the Administrative Committee on a quarterly basis.
RE-HIRE
Employees terminated for cause will not be considered for re-hire without
approval of a special written request by employee to Tribal Council through the
Administrative Committee. Employees terminated for cause due to theft from the
Colorado River Indian Tribes or its enterprises will not be eligible for re-hire until
the following special conditions have been completed:
1.
The employee has paid full restitution;
Dated: April 8, 2010
Page 60
2.
Three (3) years have passed since the Discharge for Cause due to
Theft; and
3.
The employee obtains approval of the Tribal Council after submission
of a written request.
The written request will set forth the facts surrounding the cause for
termination with reasons why the Tribes should consider the
application for re-hire. An employee terminated for cause due to theft
of a de minimus amount of quantity of property will not be subject to
the special conditions.
Theft is the dishonest appropriation of property without the owner’s
consent, with intent to deprive them of its use, either temporarily or
permanently. Property can include but is not limited to:
a.
Property of the Colorado River Indian Tribes
b.
Property of a Co-worker or Patron
c.
Office Supplies
d.
Data and Information
e.
Office Equipment
f.
Financial assets including:
(1) Cash
(2) Equivalents to cash
(3) Checks and items that can be converted into money
(4) Colorado River Indian Tribes’ charge and credit accounts
(5) Confidential information that can be used in identity theft.
SAFETY
The Colorado River Indian Tribes expect all employees to be safety
conscious and to assist in finding conditions in offices which might cause
an accident. Report any unsafe condition or injury received while at work
to your supervisor or Department Head.
EVACUATION PROCEDURES IN CASE OF FIRE OR OTHER EMERGENCY
Established evacuation procedures prevail and can only be modified by the
Dated: April 8, 2010
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Safety Officer. Unless directed otherwise you will adhere to the following
instructions to evacuate the building in case of emergency.
A.
Walk to nearest exit - DO NOT RUN! Once outside, proceed to the nearest
parking lot and remain until your supervisor requests that you return to the
work area.
B.
Department Head or Supervisor and/or alternate will insure that:
1.
Entire work area is cleared, including restrooms and storerooms.
2.
All safes or vaults and money are secure.
3.
Office business machines are turned off.
4.
Doors are closed upon exiting.
HORSEPLAY
Horseplay and practical joking can result in serious injury or death;
therefore, anyone engaging in horseplay or practical joking will be subject
to discipline and possible dismissal.
HOUSEKEEPING
A clean work area makes for a more pleasant, as well as a safer place to work.
Employees in all departments are asked to help keep the surroundings as neat
and orderly as possible.
Trash receptacles are located throughout the areas. Please use the bins,
baskets and receptacles.
DRESS
The many changes that are influencing dress styles of people suggest that a
position should be taken to adhere to safety regulations in some cases and to
maintain an acceptable image for the employee in other cases:
Shoes: No thongs, no platform type shoes over 3 inches in elevation.
Pants: No short pants, no pants riddled with holes.
Shirts: No tank tops, no shirts with midriff exposed, shirts to be worn at all times
SEXUAL HARASSMENT
Employees have a grave responsibility for maintaining high standards of honesty,
Dated: April 8, 2010
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integrity, impartiality and conduct to assure proper performance of tribal business
and the maintenance of confidence of tribal members. Any employee conduct
which violates these standards and confidence will be dealt with promptly and
appropriately.
Sexual harassment is a form of employee misconduct which undermines the
integrity of the employment relationship. All employees must be allowed to work
in an environment free from unsolicited and unwelcome sexual overtures. Sexual
harassment weakens morale and interferes in the work productivity of its victims
and co-workers.
Sexual harassment is a prohibited personnel practice when it results in
discrimination for or against an employee on the basis of conduct not related to
performance, such as the taking or refusal to take a personnel action, including
promotion of employees who resist or protest sexual overtures.
Specifically, sexual harassment is deliberate or repeated unsolicited verbal
comments, gestures, or physical contact of a sexual nature which are
unwelcome.
A supervisor who uses implicit or explicit coercive sexual behavior to control,
influence, or affect career, salary, or job of an employee is engaging in sexual
harassment. Similarly, an employee who behaves in this manner in the process
of conducting Tribal business is engaging in sexual harassment.
Any employee who participates in deliberate or repeated unsolicited verbal
comments, gestures, or physical contact of a sexual nature which are unwelcome
and interfere in work productivity is also engaging in sexual harassment.
It is the policy of the Colorado River Indian Tribes that sexual harassment is
unacceptable conduct in the workplace and not be condoned. Personnel
management within the Tribal workforce shall be implemented free from
prohibited personnel practices and sexual harassment is a prohibited personnel
practice.
A.
The following options are open to the victim of sexual harassment:
1.
Recognize it for what it is, and understand that it is not your fault. You
have a right to complain and take action.
2.
If possible, confront the offender directly if you think he or she can be
reasoned with or scared off. Make it clear you are not interested and
that this behavior is unacceptable.
3.
Keep a written record of the incidents of harassment, and of your
complaints and their results. If people are present during the
harassment, say something like, "Did you see so-and-so do such-andsuch" .... ? The observers will be more likely to remember the incident.
Get their names down in your
Dated: April 8, 2010
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documentation.
4.
Talk to good friends, to co-workers, to relatives. It is important to
have a strong support system at this time. If you keep feelings to
yourself, you will most likely remain isolated and powerless. By
speaking out and documenting the incident and forms of sexual
coercion, you help yourself as you contribute to defining sexual
harassment as a social problem. A sense of being able to affect
your own life replaces the sense of isolation.
5.
To get information or advice taking further action against the
harasser, contact one or more of the following:
a.
Your supervisor or a supervisor above him/her.
b.
Human Resources Department.
c.
Human Resources Director.
B.
Choose among the suggested contacts on the basis of who is involved in
the complaint and which person you could be comfortable to talk with.
C.
It is Tribal policy that complaints of harassment should be examined
impartially and resolved promptly.
SOCIAL ACTIVITIES DURING WORKING HOURS
Informal coffee and cake parties during business hours, "long lunch hour" parties,
etc., are not permitted.
The Tribal Council has set aside a liberal amount of time, the last Friday of each
month, for employee get-together. This time has been officially designated STAFF MEETING - on the monthly activity calendar. Each employee has a
standing invitation to attend the monthly staff meetings and should consider this
time as a part of his/her official tour of duty.
The Tribes discourage the participation of employees in certain social activities
during working hours. Such activities include planning, organizing and attending
informal parties in celebration of events, such as marriage, engagements,
birthdays, resignation of employees, anniversaries, transfers of employees from
one department to another, etc.
Although the Tribes discourage the above-mentioned practices, it is recognized
that under certain unusual circumstances, some may be justifiable. Under no
circumstance is the use of Tribal mail service, telephone facilities, or stationery
and supplies justifiable. Supervisors serve as a reminder for all the above and
shall place appropriate emphasis on applicable attendance at monthly staff
meetings.
Dated: April 8, 2010
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TEMPORARY EMPLOYMENT
A.
Definition: Management-assigned people on short notice to duties for a
period lasting more than 40 hours, but less than three months.
B.
Source of temporary employees is list of prior employees, particularly those
who participated in training programs (CETA) sponsored by the Colorado
River Indian Tribes.
C.
Temporary assignments and/or temporary hires may be extended beyond
the three (3) months but only in those instances where a few additional days
are needed to finish a job which has been substantially completed.
D.
Temporary employees will be entitled to Workmen's Compensation
Insurance.
E.
Temporary employees will not be entitled to:
1.
Accumulation of seniority
2.
Leaves of absence
3.
Use of grievance procedure
4.
Accumulation of annual and sick leave
5.
Pay for time lost due to sickness or other unavoidable absences
6.
Holiday pay, except Indian Day, July 4th, and Labor Day.
7.
Group insurance
8.
Life insurance
TIMECARDS - BASIC RULES
A.
Each employee’s pay is based on information contained on a timecard.
B.
Every timecard must show:
1.
Employee number at the Top Left Side
2.
Department Account number at the Top Right Side
3.
Employee Name
4.
Pay period ending date
5.
Dates worked and hours worked on dates
6.
Annual leave, sick leave, administrative leave, compensatory time, and
leave without pay when applicable.
Dated: April 8, 2010
Page 65
7.
Total hours to be reimbursed at BOTTOM RIGHT SIDE
8.
Employee’s signature on bottom line
9.
Supervisor’s signature near employee’s signature
C.
Timecards must be delivered to the Comptroller’s office, Payroll
Department, before noon on Monday after the Payroll period ends. If the
Monday cited above falls on a holiday, timecards should be delivered on
Friday, the last day of the pay period. This will greatly assist the Payroll
Department in meeting the compressed schedule.
D.
In case of sickness, the employee should call in and his/her supervisor will
write on the employee’s timecard that he/she is out sick that day. In case of
annual leave/vacation, the supervisor will also be responsible for the
employee’s timecard.
TRAINING AND EDUCATION
A.
Job related self-improvement in an employee is spare time is encouraged.
Although no-formal training program is available, it is the policy of the
Colorado River Indian Tribes to provide tuition reimbursement for those who
are taking educational courses to improve themselves in their work. If an
employee takes courses which are approved beforehand by the Colorado
River Indian Tribes at a recognized institution he will be refunded a part or
all of his/her tuition upon satisfactory completion.
B.
Employees receiving training sponsored by the Tribes (either on-the-job or
at an approved program) will submit an evaluation report co-signed by the
supervisor to the Administrative Manager within 30 days after completion of
training.
C.
Training is an important part of each employee's career development and
will be a matter of permanent record.
D.
Technical training required to meet specific needs including the appropriate
planning programming and budgeting is the responsibility of the Department
Head.
E.
Assistance in fulfilling training needs will be provided by Personnel in the
following areas:
1.
Assist in the development of training plans and programs.
2.
Makes arrangements for direct help through Adult Education programs
or via cooperative efforts of the Bureau of Indian Affairs' training officer.
3.
Provides information about opportunities for and sources of specialized
Dated: April 8, 2010
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training.
TRANSFERS
The right to transfer employees where reasonably necessary is normally
considered to be within the basic function of management.
A temporary transfer is usually made to cover a short-term vacancy and to avoid
such alternatives as compensatory time and temporary/ part-time help. It is a
recognized management tool used to help smooth over rough spots in the work
flow.
Employees who wish to transfer are permitted to do so but only when there is a
vacancy and a need. The Colorado River Indian Tribes reserves the right to
transfer workers from one job to another or one department to another, according
to need. If employees refuse to be transferred, and there is no work for them in
their current position, for whatsoever reason, they may be subject to lay-off.
Only employees having completed their probationary period will be considered
for inter-departmental transfer.
In the event an employee transfers from one department to another it must be
the co-acceptance of both supervisors. Advance notice is expected, i.e., at least
10-days for all employees in a non-supervisory position and four weeks for
employees in supervisory positions.
In the event an employee fails to comply with the advance notice provision
stipulated above, the transfer action will be classified as a voluntary resignation
without notice, resulting in forfeiture of accumulated sick leave and reestablishment of the 90-day probationary requirement beginning with effective
date of re-hire.
TRAVEL
SEE TRAVEL POLICY AND PROCEDURES adopted on June 27, 2017 and became effective
October 1, 2017, Tribal Resolution #215-17.
VACATIONS
POLICY
It is the policy of the CRIT to grant vacations with pay to provide qualifying
employees with periods of rest and recreation in recognition of service
performed.
Administrative Guidelines.
Dated: April 8, 2010
Page 67
A.
Vacation Allowance.
The vacation allowance for eligible employees is based on length of service
according to the following schedule:
COMPLETE YEARS OF SERVICE
PER PAY PERIOD
Under 3 Years
3 - 15 Years
Over 15 Years
ANNUAL LEAVE ALLOWANCE
4 HOURS*
6 HOURS
8 HOURS
*Eligible to use after completion of 90-days probationary period. The
effective date for accumulation of annual leave is the first day of any 90-day
probationary period.
Military Service may be considered in above calculations provided employee
submits evidence inform of an Honorable Discharge Certificate. A certified
copy will suffice.
B.
C.
D.
Eligibility Provisions – General.
1.
Vacation benefits apply to all personnel full-time employees and
permanent part-time employees normally scheduled to work at least 30
hours per week.
2.
The vacation year is defined as the 12-month period from January 1
through December 31.
Eligibility Provisions - Holidays , Leave of Absence , Illness Occurring
During Vacation.
1.
If a designated holiday is observed during an employee's vacation
period, the employee will be eligible for an additional time off with pay
equal to the holiday time off.
2.
An employee's vacation allowance will not be reduced by any paid
leave of absence.
3.
An employee will be allowed to use accumulated sick leave in lieu of
vacation time (annual leave) due to illness occurring while on vacation.
A Doctor's certificate must be provided upon return to duty.
Eligibility Provisions - Terminating Employees.
1.
In all cases, a terminating employee will receive pay in lieu of any
Dated: April 8, 2010
Page 68
unused vacation/annual leave allowance as of date of termination.
2.
E.
Additionally, a terminating employee will receive all pay and allowance
occurred at completion of last day of work provided termination was
due to one of the following reasons:
a.
Resignation with notice
b.
Release of the employee, including termination of grant or
contract;
c.
Retirement; or
d.
Death of the employee
Vacation Pay
Vacation pay will be at the same rate as regular pay.
F.
Vacation Scheduling.
1.
Vacation will be scheduled by Department Heads with due
consideration given to staffing requirements, employees’ length of
service and employee preference, in the order listed. Scheduled
starting dates must be announced and approved not less than sixty
days in advance, except where individual circumstances preclude such
notice.
2.
Vacation time/annual leave may not be accumulated in excess of 240
hours. All accumulated annual leave in excess of 240 hours at midnight December 31 is dropped from the records.
3.
Vacations should normally be taken in units of at least one week.
Where possible, employees should take their total vacation.
4.
Pay in lieu of vacation will not be granted; vacation in lieu of pay may
be granted.
5.
Personnel office will be notified prior to any vacation and this notification
will include completion of PERSON IN CHARGE FORM. (Copy in
Department Head's office)
VISITORS AND VENDORS
Visits by personal friends are discouraged.
Dated: April 8, 2010
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Visitors to the Colorado River Indian Tribes who are there on business must
identify themselves, sign the visitor's book, and state their business.
No visitor will be allowed to wander about the premises unescorted.
No visitors (particularly children) are allowed to break rules affecting safety
running in halls, playing on stairs, and any employee seeing this happen should
inform his/her supervisor.
Groups of visitors, such as school children, who wish a guided tour are welcome.
Arrangements for this must be made well in advance.
Vendors will not be allowed in work areas during working hours.
WAGES
A.
Garnishments
Request for Garnishment of Tribal employees wages or salaries will not be
honored. The Personnel Department will notify the employee of attempted
garnishments and will send a copy to the employee's Department Head.
B.
Advances on Unearned Wages and Salaries.
Advances on unearned wages and salaries will not be made. Distribution of
pay checks prior to regularly scheduled payday may be made but must be
recommended by a Department Head and approved by the Administrative
Manager. The Department Head must show evidence that:
C.
1.
The stipulated emergency was investigated and warrants
consideration.
2.
Employee was provided advice and counseling with respect to personal
financial management.
3.
A running log of emergencies approved is maintained and readily
available for review by Administrative Manager.
4.
Repeat requests are given special attention by Department Head.
Pay Checks Lost.
Employees are responsible for their pay checks after they have been
issued. Checks lost or otherwise missing should be reported immediately to
the Payroll Department so that a stop payment order may be initiated. The
Dated: April 8, 2010
Page 70
Comptroller with the approval of the Tribal Treasurer shall determine when
and if a new check should be issued to replace a lost or missing check.
D.
Final Pay Check for Dismissed Employees.
Whenever possible, a final pay check should be issued to a dismissed
employee at the time of dismissal.
E.
Final Pay Check for Voluntary Resigning Employees.
The final pay check for a voluntary resigning employee will be made
available on the regular payday. In unusual circumstances a Department
Head may make arrangements for earlier payment.
F.
Pay Adjustment.
Any request for adjustments in pay will be made in writing, setting forth the
reasons, and will be approved by the responsible Supervisor, Comptroller,
and the Tribal Treasurer before processing by the Payroll Department. A
request for adjustment must be made within 30 calendar days from receipt
of pay for the day or days in question.
WARNING SYSTEM
The Colorado River Indian Tribes believe that there is no better way to deal with
rule violations than by using a consistent and effective warning system. There
are four good reasons why a formal warning system is essential:
A.
It acts as a deterrent to a repetition of the offense.
B.
It gives rule enforcement a consistency.
C.
Since copies of written warnings are sent to Personnel it pin-points recurring
problems and focuses on departments having rule infractions.
D.
It reduces charges of favoritism.
A sample warning notice follows:
Dated: April 8, 2010
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WARNING NOTICE
NAME_______________________
DATE _________________________
DEPARTMENT ________________
EMP. NO. ______________________
WARNING FOR:
Unexcused Absence
_____
Poor Housekeeping
_____
Lateness
_____
Horseplay
_____
Leave Early
_____
Safety Violations
_____
Others (explain in comment) _____
COMMENT
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Signed: __________________________
Employee
Dated: April 8, 2010
__________________________
Supervisor
Page 72
CRIT DISCIPLINARY PROCEDURES
A.
Supervisor must get all the facts:
1.
Obtain detailed and complete statements of the incident by interviewing
privately and separately each person who saw or heard what occurred
and who therefore has firsthand information.
2.
If written statements are not secured, record the information obtained
during, or immediately after, each interview.
3.
Interview the accused employee and obtain from him/her a written
statement in which the employee admits, denies, or explains the
alleged improper actions.
4.
Make every effort to reconcile conflicting statements.
5.
Where necessary, examine pertinent records and make written notation
of such information, as it may have a bearing on the case.
B.
Prepare a complete, accurate and unbiased report, setting forth the
information obtained. The report should be in narrative form and should
relate information obtained regarding each alleged improper action; all
persons, places, dates, records, etc., mentioned in the report should be
completely identified.
C.
Weigh the evidence.
Review the report and weigh the evidence to determine whether the offense
is one that warrants formal disciplinary action. Doubtful points should
normally be resolved in favor of the employee.
D.
If discipline is called for, consider the following factors before deciding on a
penalty:
1.
How serious was the offense?
2.
What is the employee's past record?
3.
Has he or she been disciplined in the past for the same infraction?
4.
What is the attitude of the employee?
Dated: April 8, 2010
Page 73
WORK SCHEDULES
A.
B.
Normal Work Schedule
1.
The normal work day for all employees consists of 8 hours of work;
interrupted by an unpaid period from 12 noon to 1:00 p.m.
2.
The normal work week for all employees consists of 5 consecutive 8
hour days from 8 a.m. to 5 p.m.
3.
Two (2) 15-minute break periods are provided, one in mid-morning and
the other in the mid-afternoon.
4.
Every employee is expected to start work promptly at the regularly
scheduled starting time. Work, as referred to here, includes getting
equipment and supplies, etc., ready for actual work, and putting them
away at the end of the day.
Flex-Time Schedule
Employees may make arrangements with approval of the Department Head,
to establish starting and quitting times to satisfy a special or unique
circumstance.
Basic Requirements:
1.
The Department Head must approve in advance all requests for any
change from the regularly established 8-hour work day (8 AM to 12
Noon & 1 PM to 5 PM) Monday thru Friday.
2.
Employees are required to work 80 hours during a pay period
regardless of starting and quitting time arranged.
3.
Supervision must be available for employee’s reporting for work before
8 AM and those remaining after 5 PM.
4.
Supervisory personnel working in close proximity may assist one
another in order to provide required supervision for employees starting
early and quitting late.
Dated: April 8, 2010
Page 74
Addendum A
The Colorado River Indian Tribes
Performance Review Form
PURPOSES OF PERFORMANCE REVIEWS:
The principal purposes of staff reviews are to encourage staff development and to strengthen
the Department’s effectiveness. Some specific purposes are to:
1.
2.
3.
4.
5.
6.
Identify specific indicators of achievement
Pin-point areas of greatest/least effectiveness
Stimulate improved performance
Aid in promotion, retention and salary decisions
Develop mutually established goals
Increase employer-employee communication
The formal performance review occurs at the end of the probationary period and annually
thereafter. The entire Performance Review form should be sent to the Office of Human
Resources to be permanently filed.
DEFINITIONS OF TERMS:
CONSISTENTLY BELOW EXPECTATIONS: Performance is at a level below established
objectives with the result that overall contribution is marginal and substandard. Performance
requires a high degree of supervision.
BELOW EXPECTATIONS: Meets some of the established objectives and expectations but
definite areas exist where achievement is substandard. Performance requires somewhat more
than normal degree of direction and supervision.
MEETS EXPECTATIONS: Meets established objectives in a satisfactory and adequate
manner. Performance requires normal degree of supervision.
CONSISTENTLY EXCEEDS EXPECTATIONS: Job performance easily exceeds job
requirements, performance approaches best possible attainment.
INSTRUCTIONS:
Listed on the following pages are a number of Performance Factors that are important in the
successful completion of most assignments. Factors 1-11 apply to all employees. Factors 1116 apply only to administrators, Department Heads, and Supervisory personnel.
To complete the Performance Review form. Place an “X” under the level of each of the
Performance Factors you are encouraged to support your ratings with clarifying comments
and specific examples which occurred during the review period that determined or affected the
level of achievement marked. Factors rated “Consistently Exceeds Expectations” or
“Consistently Below Expectations” must be supported with examples or reasons.
Dated: April 8, 2010
Page 75
EMPLOYEE'S NAME
Last:
Position:
Department:
First:
PERFORMANCE FACTORS
Date of Review:
PERIOD REVIEW
From:
To:
RATING KEY
1. Consistently Below Expectations
2. Below Expectations
3. Meets Expectations
4. Exceeds Expectations
5. Consistently Exceeds Expectations
6. Unobservable or Not Applicable
1. QUALITY OF WORK: How accurate, neat and complete is the individual’s work? Consider the
degree work meets acceptable standards.
Examples or reasons for giving this rating are:
2. PRODUCTIVITY: Does individual produce and acceptable amount of work? Consider how person
effectively uses available working time, plans and prioritizes work, sets and accomplishes goals and
completes assignments on schedule:
Examples or reasons for giving this rating are:
1
2
3
4
5
6
1
2
3
4
5
6
3. KNOWLEDGE OF JOB: Is individual familiar with duties and requirements of position as well as
methods, practices, and equipment to do the job? Consider knowledge gained through experience,
education and specialized training. Consider if person maintains current knowledge about changes in
policy and procedure: keeps abreast of new developments and major issues in field.
Examples or reasons for giving this rating are:
1
2
3
4
5
6
4. ADAPTABILITY: How does individual adjust to changes? Consider ability to learn quickly,
to adapt to changes in job assignments, methods, personnel, or surroundings.
Examples or reasons for giving this rating are:
1
2
3
4
5
6
1
2
3
4
5
6
1
2
3
4
5
6
4
5
6
5. DEPENDABILITY: How reliable is individual in performing work assignments and
carrying out instructions? Consider degree of supervision required and willingness to take on
responsibilities and to be accountable for them.
Examples or reasons for giving this rating are:
6. INITIATIVE AND RESOURCEFULNESS: Does individual see things to be done and then take
action? Consider ability to contribute, develop and/or carry out new ideas or methods. Consider ability to
be self-starter, to offer suggestions, to anticipate needs and to seek additional tasks as time permits.
Examples or reasons for giving this rating are:
7. JUDGEMENT: Does individual exercise ability to decide correct or choose best course of action
when some decision must be made? Consider ability to evaluate facts and make sound decision, and
use or reasoning to identify, solve and prevent problems. Works in a safe manner, preventing
accidents, injuries and theft.
Examples or reasons for giving this rating are:
Dated: April 8, 2010
1
2
3
Page 76
8. RELATIONSHIPS WITH PEOPLE: Does individual work effectively with others. (Supervisors,
peers, subordinates)? Consider respect and courtesy shown to others, how attitude affects the work area,
willingness to accept supervision, and attitude exhibited toward CRIT as well as own job. Are apparel,
manners and sociability appropriate to the job responsibilities?
Examples or reasons for giving this rating are:
9. ATTENDANCE AND PUNCTUALITY: How faithful is individual in reporting to work and
staying on the job? Consider arrival times, observance of time limits for breaks and lunches. Consider
patterns of sick leave, prior approval for vacation and prompt notice of absence due to illness.
Examples or reasons for giving this rating are:
10. FOLLOWING DIRECTIONS: Does individual follow instructions faithfully and promptly.
Consider ability to follow directions without out the need for additional encouragement.
Examples or reasons for giving this rating are:
11. OVERALL JOB PERFORMANCE: Does the individual reliably perform the job duties as described
in the job description? Consider the previous ten questions along with the expected job performance.
Examples or reasons for giving this rating are:
1
2
3
4
5
6
1
2
3
4
5
6
1
2
3
4
5
6
1
2
3
4
5
6
_________________________________________________________________________________________________________________
IF THE PERFORMANCE REVIEW IS FOR NON-SUPERVISORY PERSONNEL, PROCEED TO PAGE 4
ADMINISTRATORS, DEPARTMENT HEADS, AND SUPERVISORY PERSONNEL
(Complete this section in addition to performance factors 1 – 11)
12. LEADERSHIP ABILITY: Is administrator, department head or supervisor able to get employees, and
1
2
3
4
5
co-workers to do willingly and well the duties to be accomplished? Consider ability to get the work done
with a high degree of morale and satisfaction on the part of those doing the work: the ability to function
consistently and effectively in an objective and rational manner regardless of pressures.
Examples or reasons for giving this rating are:
13. APPRAISAL AND DEVELPOPMENT OF PEOPLE: Does administrator, department head or supervisor
demonstrate ability to select, train and effectively develop subordinates by recognizing their abilities and
improving their weaknesses? Consider ability to exhibit fairness and impartiality with employees in
assigning job duties and objectively evaluate work performance.
Examples or reasons for giving this rating are:
14. PLANNING AND ORGANIZATION: How effective is the administrator, department head or supervisor
In setting effective goals, planning ahead and establishing priorities? Consider ability to make the most
effective use of time, facilities, material, equipment, employee’s skills and other resources. Examines
ability to prepare and administer budget effectively,
Examples or reasons for giving this rating are:
15. COMMUNICATION SKILLS: To what extent does administrator, department head or supervisor
demonstrate ability to communicate effectively in both oral and written expression with employees and
his/her supervisor? Are issues confronted and resolved constructively? Consider ability to help employees
with their work problems, ability to keep employees informed to decisions and plans for own office as well
as policies and procedures of the Colorado River Indian Tribes.
Examples or reasons for giving this rating are:
16. INTERNAL CONTROL: Does administrator, department head or supervisor have an internal control
program? If yes, how effective is the program? Consider how reliable the finance information is when
received from the administrator, department head or supervisor. Does the individual safeguard assets?
How effective and efficient is the operation? Does the administrator, department head or supervisor
comply with the laws, regulations, policies and procedures?
Examples or reasons for giving this rating are:
1
2
3
4
5
6
1
2
3
4
5
6
1
2
3
4
5
6
1
2
5
6
3
4
Upon completion of above sections, proceed to back page.
Dated: April 8, 2010
6
Page 77
SUMMARY REVIEW SHEET
Review the ratings assigned to the Performance Factors on the previous pages. Check the category below which most clearly describes the
employee’s total performance.
CONSISTENTLY
BELOW
BELOW EXPECTATIONS
EXPECTATIONS
JOB SKILLS BEING PERFORMED WELL:
MEETS
EXPECTATIONS
EXCEEDS
EXPECTATIONS
CONSISTENTLY
EXCEEDS EXPECTATIONS
IMPROVEMENT PLANS:
What can the employee do to improve his/her performance on the job?
___________________________________________________________________________________________________________________
What can the supervisor do to support the employee’s performance improvement?
EMPLOYEE COMMENTS:
If the employee wishes to do so, any comments concerning the Performance Improvement Plan or the evaluation (for example, agreement or
disagreement) may be indicated in the space provide below:
I have reviewed this document and discussed the contents with my supervisor. My signature means that I have been advised of my performance
status and does not necessarily imply that I agree with this evaluation.
_________________________________________________________________
Employee’s Signature
________________________________________
Date
_________________________________________________________________
Print Name
SUPERVISOR’S COMMENTS:
(Record here only those additional significant items brought up during the discussion with the employee which are not recorded elsewhere in this
document)
___________________________________________________________________________________________________________________
__________________________________________________________________
Supervisor’s Signature
________________________________________
Date
__________________________________________________________________
Print Name
The original Performance Review is to be forwarded to The Office of Human Resources upon completion
Dated: April 8, 2010
Page 78
ADDENDUM B
COLORADO RIVER INDIAN TRIBES'
SUBSTANCE ABUSE POLICY
[As amended April 8, 2010.]
1.
PURPOSE.
As part of its commitment to safeguard the health of its employees, provide a
safe place for employees to work and promote a drug-free community, the
Colorado River Indian Tribes (hereinafter "the Tribe") establishes this Substance
Abuse Policy ("Policy") on the use and abuse of alcohol and illegal drugs by its
employees. Substance abuse, while at work or otherwise, can seriously
endanger the safety of employees and the general public, and can create or
contribute to a variety of workplace problems, including increased injuries on the
job, increased absenteeism, increased health care and benefit costs, increased
theft, decreased morale, decreased productivity, and a decline in the quality of
products and services provided by the Tribe.
The purpose of this Policy is to communicate the Tribe's position on alcohol and
drugs in the workplace and to provide guidance for the implementation of related
programs within the Tribe.
The Tribe's policies, procedures, and substance abuse or employee assistance
programs are not intended to create any contract, express or implied, between
the Tribe and its employees, independent contractors or job applicants. The
Tribe retains the right to terminate any employee at will or to refuse to hire any
job applicant.
This Policy supersedes the Tribe's previous Alcohol and Drug Policy. To the
extent anything in this Policy conflicts with or is inconsistent with any provision of
the Tribe's Employee Handbook, the provision of this Policy shall control. In
particular, the Grievance Procedure set forth in the Employee Handbook shall
not apply to terminations of employment for violations of this Policy.
2.
SCOPE.
All Tribal employees, including management and administration, are covered by
this Policy. As a condition of employment, employees are required to abide by
the terms of this Policy.
3.
SUBSTANCE ABUSE POLICY DISSEMINATION.
A.
All employees are to be informed of this Policy. All current
employees and new employees shall be required to sign an
Acknowledgment of Receipt and Understanding.
Dated: April 8, 2010
Page 79
B.
4.
All applicants for employment shall be informed in writing of the
Tribe's Policy of pre-employment testing and shall be required to
provide written consent to drug testing prior to referral for a drug
test.
DEFINITIONS.
A.
Employee.
Any person employed by the Colorado River Indian Tribes,
including but not limited to those persons serving under
appointment or employee contract whether in temporary, part-time
or full time status.
B.
Illegal Drugs.
"Illegal drugs" are drugs or controlled substances that are (1) not
legally obtainable or (2) legally obtainable but not obtained or used
in a lawful manner. Examples include, but are not limited to,
cocaine, marijuana and methamphetamines, as well as prescription
drugs that are not lawfully obtained or properly utilized (3) any drug
or substance identified or defined as a "controlled substance" under
the provisions of Chapter 13, Title 21, United States Code, § 812,
as amended to the date of the violation. The term "illegal drug" also
includes mind-altering and/or addictive substances that are not sold
as drugs or medicines but are used for mind or behavior-altering
effect.
C.
Legal Drugs.
"Legal drugs" are those prescribed or over-the-counter drugs that
are legally obtained by the employee and used for the purpose for
which they were prescribed and/or sold.
D.
Tribal Property.
The term "Tribal Property" includes work sites; parking lots; vehicles
or offices owned, rented, utilized, or serviced by the Tribe or by any
members/vendors of the Tribe; employee-owned or employeerented vehicles on the property of the Tribe or of any
member/vendors of the Tribe while on Tribal business; and
locations where an employee represents the Tribe in any capacity.
E.
On Duty.
Dated: April 8, 2010
Page 80
The term "on duty" includes all working hours, as well as meal
periods, break periods, and travel, regardless of whether on
premises, and all hours during which an employee is representing
the Tribe in any capacity, including attendance at trainings and
conferences during the required hours of attendance.
5.
6.
PROHIBITED CONDUCT.
A.
The use, sale, purchase, possession, manufacture, distribution or
dispensation of illegal drugs on Tribal property or while on duty is
prohibited and will result in immediate termination.
B.
Reporting to work or performing work with the presence of illegal drugs
or the metabolite of illegal drugs in the employee's body is prohibited
and will result in disciplinary action in accordance with Section 8 of this
Policy.
C.
Any employee who is taking any legal prescription or over-the-counter
drug that might impair safety, effective job performance, or any motor
functions must advise his or her supervisor before reporting to work
under medication. Failure to do so may result in disciplinary action in
accordance with Section 8 of this Policy. Improper use of legal drugs is
prohibited and may result in disciplinary action in accordance with
Section 8 of this Policy.
D.
The consumption, sale, purchase, possession, manufacture or
distribution of alcohol on Tribal property or while on duty is prohibited
and will result in immediate termination.
E.
Reporting to work or performing work under the influence of alcohol or
with a breath alcohol content level of .02 or above is prohibited and will
result in disciplinary action in accordance with Section 8 of this Policy.
TYPES OF TESTING.
Testing will be mandatory under the circumstances described below. Any
drug testing or alcohol impairment testing of employees normally will occur
during, or immediately before or after, a regular work period. The Tribe will
pay for all preliminary, instant testing costs for current employees.
Confirmation testing will be paid by current employees and reimbursed if
such confirmation is negative. Also for current employees, testing time will
be compensated and transportation to and from the testing facility will be
provided at the Tribe's expense.
A.
Pre-Employment Testing.
Dated: April 8, 2010
Page 81
1.
The Tribe requires a pre-employment drug test as a part of the
application process prior to being hired.
2.
Pre-employment drug screening is required for all current/active
employees who are considered for "new" employment
opportunities within the tribal government.
3.
Applicants will be advised of the Tribe's pre-employment testing
requirements in writing prior to an offer of hire and asked to sign
the Pre-Employment Drug Screening Consent Form. The
instant saliva test is administered at no cost to the applicant.
However, if the instant test is positive, the applicant must
provide a money order or cashier's check made out to the
Colorado River Indian Tribes and deliver payment to The
Human Resources Department for the cost of the second
confirmation testing that will be sent to the laboratory If the
applicant does not wish to submit or pay the cost for the second
confirmation test the Human Resources Department will notify
the applicant he or she will not be eligible for hire, nor will the
applicant be reimbursed for the cost of the test. The Human
Resources Department will notify the Department Head if an
applicant tests positive on the instant saliva test and refuses to
submit or pay for the confirmation testing.
4.
Applicants who receive a negative test result on the
confirmation testing and who begin working for the Colorado
River Indian Tribes will be reimbursed for the cost of the
test.
5.
The Human Resources Department will notify the
Department Head if an applicant tests positive and the
Department Head will then contact the applicant advising of
a positive test result. The applicant will not be eligible for
hire, nor will the applicant be reimbursed for the cost of the
test. If an applicant's test is confirmed as positive by Medical
Review Officer (MRO), this decision is final and can not be
appealed.
B. Initial Implementation Testing.
Upon initial implementation of this Substance Abuse Policy, all
current employees will be subject to a mandatory substance abuse
test as a condition of their continued employment.
C. Random Testing.
1.
Dated: April 8, 2010
Following initial implementation testing, all employees will be
Page 82
required to submit to drug and/or alcohol testing on a
random basis. In support of this policy and the Tribe’s
commitment to a drug-free workplace and community, the
members of Tribal Council will be subject to and required to
participate in random testing. Tribal Council members are
not subject to discipline as outlined within this policy. The
Chairman shall maintain all the records of Tribal Council
member testing, including his or her refusal to submit to
testing. Any enrolled tribal member may make a formal
request to view the testing results of members of Tribal
Council. Said request will be considered by Tribal Council.
2.
Each month, a number of employees and/or Tribal
Council members will be selected for random testing
through the use of random number generation or other
neutral selection process.
3.
Selection at random for testing does not remove a covered
employee from the pool of employees eligible for testing for
any period of time. Every employee has the same chance of
being selected for random testing each month.
4.
The Procedures for Random testing will be as follows:
Initial Set-up and Up-dates: The Director of Human
Resources or his/her Designee will provide the third party
administrator with an up-to-date list of all employees on a
computer program compatible with the testing facility and The
Human Resources Department. The Director of Human
Resources or his/her Designee will provide the third party
administrator with an up-to-date list of all employees the 15th
day of every month, deleting terminated employees and
adding new employees. The updated list will be e-mailed,
faxed or mailed on a disc.
Method of Random Selection: The selection of employees
for random alcohol/drug testing shall be generated
electronically through a computerized random-pick program
established by the third party administrator.
The number of employees to be randomly tested per
month is 25 employees. Names will be randomly picked
according to the following schedule: 6 employees
selected 1 day per week.
Test Days: The days of random testing will be decided by the
Dated: April 8, 2010
Page 83
Director of Human Resources in conjunction with the third
party administrator and will not occur on the same day every
week. The list of names that are randomly selected by the
third party administrator will be e-mailed and faxed to The
Director of Human Resources or his/her Designee between
8:00 - 10:00 a.m. by the third party administrator.
Notification to Employee/Department Head: The Director
of Human Resources or his/her Designee will telephonically
notify the Employee through their supervisor/designee
between 10:00 a.m. and 12:00 noon. Each employee who is
notified for random alcohol/drug testing shall immediately
proceed to the drug testing collection facility as indicated on
the Drug Screening Consent Form. If employee is not
available due to approved travel status or other leave of
absence, the third party administrator will be called to select
additional employees needed to satisfy the count.
Employees who are on 24 hour shifts shall report to the drug
testing collection facility as determined on the Drug Testing
Consent Form and shall report within two (2) hours after
starting their shift.
Drug Screening Consent Form: Supervisor/designee and
Employee are to immediately process the Drug Screening
Consent Form when notified by The Director of Human
Resources or his/her Designee. Failure to process the
consent form and/or notify the employee within the
prescribed timeframe will be deemed as failure to follow a
directive and may result in disciplinary action against the
supervisor/designee.
Report Date and Time: Employee has two (2) hours to
report to testing facility as determined by the Drug
Screening Consent Form. Failure to report within the
prescribed date and time frame will result in the employee
being "positive" and disciplinary action will be implemented
pursuant to the Substance Abuse Policy.
Test Results: Employees and their supervisor will be notified
as to the results of the random drug/alcohol drug test
pursuant to the Substance Abuse Policy.
D. Reasonable Suspicion Testing.
1.
Dated: April 8, 2010
Employees may be required to submit to a drug and/or
Page 84
alcohol test based on a reasonable and articulable belief
that their ability to perform work safely or effectively may be
impaired. The reasonable and articulable belief will be based
on specific physical, behavioral or performance indicators of
unlawful possession or use as observed during, before or
after an employee's work hours.
2.
Dated: April 8, 2010
Factors that individually or in combination could result in
reasonable suspicion include, but are not limited to, the
following:
a.
Direct observation of an individual engaged in
substance abuse, or substance abuse related activity;
b.
A pattern of abnormal conduct;
c.
Unusual, irrational, or erratic behavior, or acute
behavioral changes;
d.
Unexplained, increased or excessive absenteeism or
tardiness;
e.
Deterioration in work performance;
f.
Repeated failure to follow instructions or operating
procedures;
g.
Violation of the Tribe's safety policies or failure to
follow safe work practices;
h.
Unexplained or excessive negligence or
carelessness;
i.
Discovery or presence of drugs or alcohol or drug
paraphernalia defined as "drug paraphernalia" under
the provisions of Chapter 13, Title 21, United States
Code, § 863 (d) as amended to the date of the
violation, in an employee's possession or near an
employee's work station;
j.
Odor or residual odor peculiar to some drugs or
alcohol;
k.
Recent arrest or conviction for a drug-related or
alcohol-related crime;
Page 85
l.
Information provided either by reliable and credible
sources or independently corroborated;
m.
Evidence that an employee may have tampered with
a prior substance abuse test;
n.
Various physical indicators, including red eyes,
slurred speech, physical instability or lack of balance;
o.
Suspicions or indications of distribution of illegal
substances at a CRIT worksite may result in
reasonable suspicion testing of every employee of the
department or enterprise with access to or use of that
worksite.
3.
If a supervisor believes that reasonable suspicion exists, the
supervisor should document his or her findings and
observations and promptly report their written findings to The
Director of Human Resources or his/her Designee. The
Director of Human Resources shall make phone numbers of
Human Resources staff available to those supervisors with
employees who work outside the regular business hours. If
the supervisor is unable to locate a qualified Human
Resources staff member to administer the instant salivabased test, the supervisor will immediately contact La Paz
Regional Hospital for testing of the employee. Hu
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.