# THE COLORADO RIVER INDIAN TRIBES (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acolorado_river%3Aae1ec39d610a9251 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Page 12 Page 12 Page 12 Page 13 Page 13 Page 13 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 Page 49 Page 49 Page 50 Page 50 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. MAIL 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 Page 57 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 Page 61 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 Page 62 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 Page 63 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 Page 64 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acolorado_river%3Aae1ec39d610a9251. Public record. Not legal advice.