The Confederated Tribes of the (2023)
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The Confederated Tribes of the
Colville Reservation
Employee Policy Manual
2023
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TABLE OF CONTENTS
1.0
GENERAL POLICIES
4
1.1 PURPOSE ..................................................................... 4
1.2 AVAILABILITY AND SCOPE OF EPMREVISIONS................................................................................ 4
1.3 ORGANIZATION OF OPERATION AND CHAIN
OF COMMAND .......................................................................... 5
1.4 STANDARD OPERATING PROCEDURES ................... 5
1.5 SOVEREIGN IMMUNITY ............................................. 6
1.6 COLVILLE EMPLOYMENT LAWS AND RULES ......... 6
2.0
EMPLOYEE CLASSIFICATIONS
6
3.0
LEAVE
7
3.1
3.2
3.3
HOLIDAYS ................................................................... 7
VACATION LEAVE ...................................................... 8
SICK LEAVE, RETURN TO WORK, AND WORK
FROM HOME AGREEMENTS................................................... 9
3.4 JURY OR WITNESS LEAVE ...................................... 10
3.5 BEREAVEMENT LEAVE........................................... 11
3.6 ADMINISTRATIVE LEAVE....................................... 11
3.7 LEAVE WITHOUT PAY AND LEAVE OF
ABSENCE ............................................................................... 11
3.8 COLVILLE FAMILY MEDICAL LEAVE (CFML).... 12
3.9 MILITARY LEAVE .................................................... 13
3.10 TRADITIONAL LEAVE ............................................. 14
3.11 EMPLOYEE WELLNESS........................................... 14
3.12 ABSENT WITHOUT LEAVE .................................... 14
3.13 DONATED LEAVE .................................................... 14
3.14 TRIBAL EMPLOYEE VOLUNTEER PROGRAM
(TEVP) LEAVE .................................................................... 15
4.0
EMPLOYMENT PROCESSES
16
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
NO DISCRIMINATION ............................................. 16
TRIBAL PREFERENCE ............................................. 16
VETERAN’S PREFERENCE ...................................... 16
VACANCIES .............................................................. 16
APPLICATION REVIEW ........................................... 17
INTERVIEW/SELECTION........................................ 17
NEPOTISM ................................................................ 17
ORIENTATION ......................................................... 18
INTRODUCTORY PERIOD........................................ 18
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4.10 PERFORMANCE APPRAISALS ................................. 19
4.11 EMPLOYEE RECOGNITION...................................... 19
4.12 RECLASSIFICATION OF
POSITIONS/COMPENSATION.............................................. 19
4.13
4.14
4.15
4.16
4.17
4.18
4.19
RESIGNATIONS AND SEPARATIONS ...................... 20
ABANDONMENT OF JOB.......................................... 21
REDUCTIONS-IN-FORCE (RIF ............................... 21
PROGRAM LAYOFFS ................................................ 22
TRANSFERS .............................................................. 23
PROMOTIONS ........................................................... 24
EMPLOYEE-PROVIDED INFORMATION ................ 25
5.0
EMPLOYEE CONDUCT
25
5.1 EMPLOYEE RESPONSIBILITIES .............................. 25
5.2 DRESS CODE ............................................................. 25
5.3 SECONDARY EMPLOYMENT/CONFLICT OF
INTEREST............................................................................... 26
5.4 SERVICE ON COMMITTEES ..................................... 26
5.5 USE OF POSITION .................................................... 26
5.6 GIFTS AND GRATUITIES ......................................... 27
5.7 AWARDS AND RECOGNITIONS............................... 27
5.8 HONORARIUMS AND BOARD FEES ....................... 27
5.9 TRAVEL ..................................................................... 27
5.10 CONFIDENTIAL INFORMATION OF THE
COLVILLE TRIBES ................................................................. 28
5.11 HARASSMENT POLICY ............................................ 29
5.12 POLITICAL ACTIVITY .............................................. 30
5.13 USE OF TRIBAL PROPERTY .................................... 30
5.14 NOTICE OF A LAWSUIT OR OTHER LEGAL
CLAIM 31
5.15 INTERACTION WITH FUNDING AGENCIES ........... 31
5.16 INTERACTION WITH THE COLVILLE BUSINESS
COUNCIL ................................................................................ 31
5.17 HEALTH REQUIREMENTS ...................................... 31
5.18 BREASTFEEDING POLICY ....................................... 32
5.19 SAFETY RULES ......................................................... 32
5.20 TRIBAL OWNERSHIP OF EMPLOYEE WORK
PRODUCT ............................................................................... 32
5.21 CONTRACTING ......................................................... 33
5.22 PURCHASING ............................................................ 33
5.23 SOCIAL MEDIA POLICY .......................................... 33
6.0 ATTENDANCE, TARDINESS, AND
ABSENCES
34
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
WORK HOURS ......................................................... 34
FLEX TIME ............................................................... 34
BREAKS .................................................................... 34
TARDINESS .............................................................. 35
ABSENCES ................................................................ 35
WASTED TIME ........................................................ 35
OVERTIME................................................................ 35
EXEMPT EMPLOYEES ............................................. 36
COMPENSATORY TIME ........................................... 36
STANDBY TIME ....................................................... 36
7.0
BENEFITS AND COMPENSATION
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
ELIGIBILITY FOR BENEFITS ................................... 36
MEDICAL AND VISION ............................................ 37
DENTAL .................................................................... 37
LIFE INSURANCE ..................................................... 37
SUPPLEMENTAL LIFE INSURANCE ....................... 37
SHORT-TERM DISABILITY..................................... 37
LONG-TERM DISABILITY ....................................... 37
RETIREMENT ........................................................... 38
EDUCATION AND TRAINING .................................. 38
36
8.0 LEADERSHIP AND MANAGEMENT
TRAINING (SUCCESSION PLANNING)
41
9.0
41
EMPLOYEE DISCIPLINE
9.1 DISCIPLINARY ACTIONS......................................... 41
9.2 ADDRESSING POSSIBLE MISCONDUCT. ............... 42
9.3 PROGRESSIVE DISCIPLINE AND SUPERVISOR
DISCRETION REGARDING DISCIPLINARY ACTION .......... 42
Appendix:
10.0
COMPLAINTS,
GRIEVANCES,
AND............ 46
10.1 C
OMPLAINT PROCESS
, SEE DEFINITIONS
APPEALS
46
10.2
GRIEVANCE AND APPEAL PROCESS
GENERALLY, SEE DEFINITIONS ........................................... 47
10.3 GRIEVANCE PROCESS ............................................. 47
10.4 APPEAL PROCESS- ADMINISTRATIVE LAW
JUDGE (ALJ) ......................................................................... 48
EMPLOYMENT APPEALS WILL BE HEARD BY AN
ADMINISTRATIVE LAW JUDGE (ALJ) ............................... 48
11.0 DRUG AND ALCOHOL POLICY
11.1 APPLICABILITY OF DRUG AND ALCOHOL
POLICY ................................................................................... 50
11.2 PROHIBITION OF DRUGS & ALCOHOL IN THE
WORKPLACE ......................................................................... 50
11.3 SAFETY SENSITIVE POSITIONS.............................. 50
11.4. POST-ACCIDENT DRUG TEST ................................ 51
11.5. REASONABLE SUSPICION DRUG TESTS ............... 51
11.6 ALTERING AND EVADING DRUG TESTS ............... 51
11.7 RIGHT TO RETEST ................................................... 51
11.8 RELIGIOUS USE OF INTOXICANTS ......................... 52
11.9 PRESCRIBED DRUGS ............................................... 52
11.10 DEFINITIONS ............................................................ 52
12.0 WHISTLEBLOWER PROTECTIONS
53
12.1 GENERAL .................................................................. 53
12.2 PROCEDURAL REQUIREMENTS AND
REMEDIES.............................................................................. 54
13.0 EMERGENCY CLOSURES
54
14.0 DEFINITIONS
56
Employee Acknowledgment of Receipt
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50
1.0
GENERAL POLICIES
1.1
Purpose
1.1.1 The purpose of this Employee Policy Manual (EPM) is to describe the various
benefits, policies and procedures that apply to employees of the Tribes.
The employees of the Confederated Tribes of the Colville Reservation (the
Tribes) are dedicated to high standards of excellence and quality and are essential
to the work of tribal government. Tribal employees play a critical role in
achieving the goals of the Colville Business Council (CBC) and the Tribes as a
whole.
1.1.2 The Tribes’ values, traditions and customs influence the terms and conditions of
employment and should assist decision makers in creating and preserving a
workplace which is fair for employees and maximizes the productivity necessary
to serve the members of the Tribes and its communities.
1.1.3 Our languages are vital to the survival of our culture, traditions, and way of life.
To reflect this, all employees are encouraged to answer their work phones in one
of the three Languages of the Colville Confederated Tribes. Each employee will
have the option to choose for themselves which Language they answer their
phone in. Human Resources will include this information in new employee
orientation. Disciplinary action cannot be taken for failing to answer the work
phones in the languages.
1.1.4 This EPM is not intended to create or to be construed to imply or otherwise create
an expressed or implied contract or agreement relating to duration or any other
term or condition of employment or employment benefits.
1.1.5 The Tribes, through the Colville Business Council, reserves the right to change
and interpret EPM provisions, withdraw or add to employee benefits, or revise
terms and conditions of employment, at its sole discretion. Any changes will be
done through a Resolution and communicated to all employees via existing
communication methods.
1.1.6 The Human Resources Director will provide opportunities for all employees to
suggest improvements to this EPM, and will keep a file of these suggestions,
reviewing the EPM at least annually to determine if revisions need to be made. In
the event a revision is made, the EPM will be updated to reflect the change. No
provision contained in this EPM may be revised or suspended by any oral
statements made by supervisors or anyone in or outside the Tribes’ employ,
including members of the CBC. This EPM can only be modified in writing with
the approval of the CBC by resolution. This EPM is approved by Resolution
2022-67 and supersedes and replaces any prior EPMs and addendums approved
for general Tribal Employment use.
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1.2
Availability and Scope of EPM- Revisions
1.2.1 All employees will be given a complete and current version of this EPM upon hire
or whenever significant revisions are made. Supervisors are responsible for
ensuring their employees receive a copy of any revisions or updates. All
employees must sign an acknowledgment form indicating that they have received
the EPM and acknowledge they are responsible for reading the EPM in its
entirety. Acknowledgment Forms will be retained in the employee’s personnel
file in the Human Resources office.
1.2.2 Exceptions: This EPM governs all recruitment, hiring, transfer, promotion,
disciplinary, leave and other benefits, and grievances/appeals matters in all
programs and entities of the Colville Tribal government with the exception of
Tribal programs that have standard operating procedures related to their specific
internal operations and authorities. In cases where Programs specific internal
policies do not address an issue, this EPM shall govern.
1.3
Organization of Operation and Chain of Command
1.3.1 The Tribes’ governmental programs are organized and managed according to the
most recent and approved organizational chart. The Colville Business Council
approves Reorganizations and Organizational Charts with each budget cycle. In
general, the Executive Director reports to the CBC, Department Directors report
to the Executive Director, and Program Managers report to Department Directors.
Supervisors of sub-units within programs report to Program Managers.
Employees report to their immediate supervisors. All employees will follow the
chain of command in either direction (up and down) for approvals or other actions
required by this EPM unless specifically provided otherwise by its provisions.
1.3.2 The Executive Director has direct supervisory authority over the employees
he/she supervises and general supervisory authority over all employees. The
Executive Director has authority to establish/approve appropriate program
operating procedures and to delegate authority to subordinates as he/she deems
appropriate.
1.3.3 An employee in any supervisor capacity may delegate appropriate tasks and
responsibilities to his/her subordinates, but remains accountable to his/her own
superiors for all delegated duties. Any delegation of authority should be specific
in name and authority.
1.3.4 All employees shall follow their chain of command to attempt to resolve
workplace disputes or personnel issues, starting at the lowest level possible. When
an employee perceives a problem with another employee which cannot be
resolved by informal and respectful discussions between the two, the employee
shall immediately raise the issue with his or her immediate supervisor, or the
other employee’s immediate supervisor. Supervisors will conduct informal
meetings and will document the discussion, avenues researched, and the outcome.
In instances where the employee does not feel comfortable discussing the issue
with the immediate supervisor of the other employee, this may be brought to the
next highest person in the chain of command. Strict standards of confidentiality
must be adhered to by all parties. See 10.1 Complaint Process.
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1.4
Standard Operating Procedures
Departments and programs may establish Standard Operating Procedures (SOPs) that are
consistent with this EPM. SOPs are the written processes the department and program
follow to carry out Department/Program functions and goals. The Executive Director has
the authority to approve Standard Operating Procedures. Upon approval, it is the
Supervisor’s responsibility to assure that each employee receives a copy of the approved
Standard Operating Procedures and adheres to the SOP’s.
1.5
Sovereign Immunity
Nothing in this EPM constitutes a waiver of the Tribes’ inherent sovereign immunity or
an employee’s official immunity. Nor does this EPM confer any authority on any Tribal
employee to waive any immunity.
1.6
Colville Employment Laws and Rules
1.6.1 The Tribes is a sovereign nation which exercises its sovereignty by defining the
terms and conditions of employment. The Tribes has defined some of the terms
and conditions of employment through various laws and through this EPM and
other employment related documents.
1.6.2 Employees may acquaint themselves with tribal laws which impact the terms and
conditions of employment by visiting the Tribes’ website (colvilletribes.com),
which contains the Colville Confederated Tribes Law and Order Code.
1.6.3 As an exercise of its inherent sovereignty, the Tribes may voluntarily meet certain
federal employment laws but is not legally bound by these and does not waive its
inherent sovereign immunity in agreeing to meet any requirement of these statutes
or their related rules. The Tribes is not required to provide employees any
remedy, other than what this EPM provides, for any alleged breach of these laws,
but will endeavor to provide reasonable accommodation when practical and in the
best interests of the affected program.
2.0
EMPLOYEE CLASSIFICATIONS
Employees for the Tribes will be one of the following, depending upon the nature and
duties of their positions, and will be hired as follows:
2.0.1 Full-Time Employees are those who work at least 30 hours a week.
2.0.2 Part-time Employees work a regularly scheduled week of less than 30 hours.
2.0.3 Temporary Employees may work a varied schedule; in most cases an employee
who is hired on a temporary basis can expect to work in that position for a
maximum of 60 days unless an extension is approved in advance by the
Department Director and Human Resources. Justification for the extension must
be documented in writing and included in the HR file. Employment beyond 60
days as a temporary employee counts towards ‘years of service.’
2.0.4 Seasonal Employees are hired for seasonal occupations.
2.0.5 Short Notice Employees (formerly known as On-call Employees) are eligible to
be placed in an employee pool for certain tasks and are expected to be available
on short notice to perform these duties. These employees understand that their
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work hours will be difficult to predict and the Tribes recognizes that a person may
reasonably not be able to fulfill a “call” to work. Short Notice employees who
decline or fail to respond to a call to work three times within a 90 day period may
be separated from employment. Short Notice employees who will be unavailable
for a period of time will provide notice to HR of their unavailability.. Indian
preference will apply in scheduling Short Notice Employees’ work.
2.0.6 Contract Employees are employees who have a written contract which defines the
terms and conditions of employment between the Tribes and the Contract
Employee. Contract Employees will be hired through the regular hiring process
unless directed by Colville Business Council to recruit for such talent. The offer
of employment is not final until the Colville Business Council or designee
approves the contract. If an employee or the Executive Director/Supervisor
wishes to terminate contract prior to the end of its term and become a ‘regular
employee,’ the employee will be subject to all provisions of the EPM, including
but not limited to leave and other benefits. Colville Business Council, through
resolution, must approve any contracted employee becoming a ‘regular
employee.’
2.0.7 Trainees are employees, usually in full-time positions, who have been hired as a
Trainee and will work under a Trainee Plan developed by the program.
Employees who work under Trainee Plans, if they do not meet the requirements
of the Plans within two years, they will be released and cannot grieve this
decision.
2.0.8 Youth Employment Workers are high school students that work during the
summer months, Spring break, winter break and weekends during the school year
before they graduate High School.
2.0.9 Interns are college students working for the Tribes, gaining supervised, practical,
on the job experience.
2.0.10 WEX, or ‘Work Experience,’ are individuals who are working to obtain on the
job work experience as trainees
2.0.11 Volunteers Must be 18 years or older, must complete an application, background
check, and sign a confidentiality agreement. Volunteering roles are designed to be
meaningful and mutually beneficial for both the volunteer and to add value to the
program. Volunteers are not assigned to cover the work of a paid employee or
cover vacancy for a paid position. Volunteering is intended to involve members of
the community in activities associated with tradition, education, healing, and in
support of our services. Additional requirements and/or restrictions may be
implemented on a program by program basis.
3.0
LEAVE
3.1
Holidays
3.1.1 All full-time employees are eligible to receive paid holidays; seasonal employees
are eligible for paid holidays within their work season; part-time are eligible for
paid holidays which fall on their usual work schedule; short notice and temporary
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3.1.2
employees are not eligible to receive paid holidays even if they have qualified to
receive health care benefits under applicable law.
Holidays will be observed on the day recognized as a holiday by the United States
Government. If a holiday falls on an employee’s regularly scheduled day off, the
holiday will be observed on the next scheduled workday.
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Juneteenth
CTCR Executive Order
Independence Day
Labor Day
Native American Day
Indigenous People’s Day
Veteran’s Day
Thanksgiving
Christmas
3.2
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
Observed July 3
July 4
1st Monday in September
4th Thursday in September
2nd Monday in October
November 11
4th Thurs. & Fri. in November
Workday before and December 25
3.1.3
Employees of programs with mandatory hours of operation 5 days a week, 8
hours per day Monday-Friday shall have 3 floating holidays. These are not
available for use until after an employee’s 90 day probation and cannot be cashed
out. See Definitions “Programs with Mandatory 5/8 Schedule.”
3.1.4
Some departments may, through standard operating procedures, designate
substitute days as holidays or appropriate compensation for holidays worked.
Vacation Leave
3.2.1 Accrual
Full-time regular employees will be eligible for accrued vacation based on their
length of employment with the Tribes and associated tribal entities. Part-time and
seasonal employees will be eligible for vacation using the same length-of-service
schedule, but their accrual will be determined by their paid hours. Temporary
employees and short notice employees will not be eligible for vacation. It is the
employee’s responsibility to notify the Benefits Office when he or she qualifies
for additional vacation or if there is an error regarding leave. Supervisors and
managers may not unreasonably refuse requests for earned and accrued vacation.
3.2.2 Employees promoted or hired into different positions without a break in
employment will retain earned calendar year vacation leave. Below are general
guidelines on how vacation is administered. In situations where positions are hard
to fill, and with the final approval of the Executive Director, different vacation
amounts may be negotiated and awarded, but cannot exceed 120 hours.
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3.2.3
Length of Service/Leave Earned Table:
Length of Service
Vacation leave earned
New Hires’ First year
241 months and over
121 months to 240 months
61 months to 120 months
25 months to 60 months
0 months to 24 months
200 hrs (5 weeks)
160 hrs (4 weeks)
120 hrs (3 weeks)
80 hrs (2 weeks)
60 hrs (1.5 weeks)
7.6923 hrs/pay period
6.1538 hrs/pay period
4.6154 hrs/pay period
3.0769 hrs/pay period
2.3077 hrs/pay period
3.2.4
Employees may carry over 200 hours of vacation leave into the next calendar
year. Anything over the allowable 200 hours of carry-over will be paid out at the
beginning of the next calendar year. New employees may not use vacation until
satisfactory completion of their introductory period. Employees promoted or hired
into different positions may use vacation accrued in their prior positions with
approval of the immediate supervisor, in consideration of the provisions of 4-9-2
below.
3.2.5 Employees are encouraged to take at least one (1) full-week block of vacation
each calendar year. Generally, vacation time should be requested through the
Paycom system no less than one week in advance of the first requested vacation
day. Managers and supervisors are not required to approve requests if doing so
would unreasonably disrupt the effective operation of the program or office.
3.2.6 Upon separation of employment, employees will be paid all vested, unused
vacation only. Except as agreed to in a written agreement for contract employees
the following will apply: vacation leave will be provided per contract year,
vacation leave does not renew when an employee takes a new job within the
organization in the middle of a contract year, and vacation leave is prorated based
on the contract year.
3.3
Sick Leave, Return to Work, and Work from Home Agreements
3.3.1 Sick leave may be used when an employee or an employee’s immediate family
require health care or medical attention unless it’s a qualifying event for an
employee to take leave under the Colville Family Medical Leave provisions in
this EPM. In this case, the scope of applicable relationships may be broader than
dependents or spouse. Employees must communicate with their supervisor or
manager when requesting leave unless a verified emergency exists to prevent such
communication.
3.3.2 Full-time regular employees will accrue sick leave at the rate of two (2) hours per
week. Part-time employees will accrue sick leave at the rate of one hour per week.
New employees may not use sick leave until satisfactory completion of their
introductory period. Employees promoted or hired into different positions may
use sick leave accrued in their prior positions with approval of the immediate
supervisor. Sick leave is not convertible to any other leave and will not be paid at
separation. Vacation leave may be used when sick leave is exhausted. Sick leave
requests shall be inputted in Paycom by the employee no later than two (2)
working days after the employee returns to work; otherwise, it may be considered
leave without pay, at the discretion of the manager or supervisor.
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3.3.3
Employees must provide documentation from a primary care provider verifying
an employee’s illness or inability to work for absences of (3) three consecutive
shifts or longer and a return to work medical release after extended illness, injury
or surgery. Employees who fail to follow this requirement shall take leave without
pay for the hours missed or may be considered Absent Without Leave depending
on the circumstances of the events. Employees who show up for work with
potentially contagious conditions (i.e., cold or flu) may be sent home at the
discretion of their manager or supervisor.
3.3.4 It is the responsibility of the employee who has a medical condition requiring
changes in work duties to notify his or her supervisor and Human Resources and
provide a physician’s signed statement to Human Resources describing their
limitations.
3.3.5 In certain cases involving an employee’s serious injury or long-term illness, a
Return to Work Agreement may be necessary to develop a plan to bring the
employee back to his or her position. The plan should include a graduated work
outline with appropriate time tables consistent with the treating physician’s
assessment of the employee’s capabilities, assigning appropriate transitional work
activities as soon as he or she is medically released to perform any work. The
employee is expected to take on work of increasing complexity, duration, and/or
physical difficulty. This process should be achieved in increments consistent with
the physician’s recommendations and with the goal of eventually returning the
employee to his or her job at full capacity or with modifications to accommodate
any permanent disabilities. The plan should have a beginning and an end and
include a clear definition of what is considered progress (e.g., the employee can
work five (5) hours a day by week three (3), or the employee can assume a certain
task by week five (5)). Goals and timetables should be established to help the
employee return to pre-injury/illness employment; with reasonable
accommodation if possible if there is permanent disability. The plan should also
include the responsibilities of the employee, the supervisor or manager, and any
co-worker who will be assisting the injured employee, and the actions each must
take to achieve the Agreement. This Agreement must be developed with the
supervisor and the employee and his/her health care provider, in consultation with
the Office of Reservation Attorney. The Supervisor must consult with HR and the
Office of Reservation Attorney regarding the development of a Return to Work
Agreement and determination as to whether the employee can meet their specific
job duties. If the injury is work related, the Risk/Claims Manger shall also be
consulted in the development of a Return to Work Agreement.
3.4
Jury or Witness Leave
An employee required to report for jury duty or subpoenaed as a witness in a court
proceeding is entitled to paid leave. Employees shall receive their regular pay but jury
fees received shall be deposited to the program that paid for the jury leave. A copy of the
summons or subpoena and record of payment must be submitted to the immediate
supervisor to be attached to the time sheet for that pay period. Employees on paid jury
duty or subpoenaed as witnesses must report to work during periods when excused from
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such service unless the immediate supervisor determines otherwise. Employees excused
from jury duty before the end of the work-day must report back to work that day, when
feasible or travel is local. Time spent on jury duty will be credited as hours worked for
computing sick leave, but not for overtime purposes. Employees may keep mileage
reimbursements. Witness Leave is not available when the case could benefit the
employee, directly or indirectly.
3.5
Bereavement Leave
Employees will be granted paid time off as bereavement leave when they experience the
death of an immediate or extended family member. Bereavement leave cannot be
combined (ex: an employee cannot receive 24 hours of leave for funeral participation, in
addition to 1 full work week 40 hours of leave for the loss of an immediate family
member). Employees may also request vacation, traditional or other leave as needed
during their bereavement.
3.5.1 Immediate Family
Employees will be eligible for up to 1 full work week of paid bereavement leave
each time there is a death of the employee’s immediate family. For these
purposes, immediate family is defined as spouse, child, parent, sibling,
grandparent, grandchild, aunts, uncles, neices and nephews; this includes step and
foster parents and children.
3.5.2 Relative Other Than Immediate Family
Employees will be eligible for up to 2 full work days of paid bereavement leave
each time there is a death of the employee’s extended family. For these purposes,
extended family is defined as a relative by blood or marriage.
3.5.3 Program Co-Worker
In the event of a program co-worker’s death, employees may be granted a
maximum of one workday with pay and with the approval of the immediate
supervisor.
3.5.4 Funeral Participation
Employees requested to participate in funerals during work hours may be granted
up to 3 full work days paid leave. Leave will be granted to employees serving the
family in activities necessary to carry out the funeral services and specifically
requested by the family. Examples include, but are not limited to: cook, hunter,
singer, drummer, speaker, gravedigger, altar server, pallbearer, and dressing of the
deceased. Employees will be expected to work as much as possible or use their
own leave when not actually participating in funeral activities as requested. Leave
may not be granted if the employee’s absence prevents the program from carrying
out its critical responsibilities.
3.6
Administrative Leave
At the discretion of the Executive Director, employees may be granted Administrative
Leave. Administrative Leave is not an employee right and will only be granted to those
employees in work status, that is, at work at the time the Administrative Leave is granted.
The Executive Director may require that an employee take Administrative Leave related
to a personnel matter.
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3.7
Leave Without Pay and Leave of Absence
Employees are expected to use their leave sensibly and plan for the full year, but
employees may request leave without pay with the approval of their immediate
supervisor after all other leave is exhausted and an emergency situation exists.
3.7.1 Extended periods of leave without pay will be approved only when there is
reasonable assurance the employee will be available to return to regular
employment at the end of the leave period. Leave without pay will be granted
only when such leave can be scheduled without adversely affecting the program.
Leave without pay shall end when the employee is able to return to work or the
situation is no longer emergent, even if time remains on the pre-approved
schedule. Failure to return to work when leave without pay expires, or working
for another employer during such leave, may result in separation of employment.
3.7.2 Leave without pay shall not be approved for a period in excess of 30 calendar
days unless approved by the Executive Director for a maximum of 60 calendar
days. Employees on leave without pay will not accrue leave of any type.
Employees on leave without pay are responsible for making pre-leave
arrangements with Benefits to continue employee-paid coverage as soon as
reasonably possible. Hours on leave without pay will not be counted towards
years of service. The Program shall notify Benefits of all such leave.
3.8
Colville Family Medical Leave (CFML)
3.8.1 The Tribes is committed to providing eligible employees with leave afforded
under Colville Family and Medical Leave (CFML), which provides employees
with job protected unpaid leave for up to 12 workweeks in a rolling 12 month
period under the following qualifying circumstances: (a) employee’s serious
health condition; (b) birth, adoption, or placement of a foster child with the
employee; (c) employee is needed to care for a family member (i.e., child, spouse
or parent with a serious health condition); or (d) incapacity due to pregnancy,
prenatal medical care or childbirth.
3.8.2 To be eligible for CFML, an employee must have worked for the Tribes for a total
of 12 months and at least 1,250 hours over the previous 12 months. The 12 month
period in the aforementioned criteria will be defined as the immediate 12 months
prior to the need for leave. If an employee is eligible for CFML, accumulated paid
leave time must be used prior to Leave Without Pay. CFML may commence at
the same time any other Tribal leave commences, regardless of whether leave
taken is paid or unpaid and the two run concurrently.
3.8.3 To apply for CFML, an employee must provide the Tribes with as much advance
notice as possible before CFML is to begin. Benefits provide the employee with
necessary forms, including the Colville Family Medical Leave Request form and
the Colville Certification of Health Care Provider form. All forms shall be
submitted to Benefits for consideration. Benefits will assist in completion of
forms, counsel an employee on available resources/benefits and other follow up as
necessary.
3.8.4 While on CFML, an employee’s health insurance coverage will be maintained in
the same manner as during the employee’s active employment status. Employees
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3.8.5
3.8.6
3.8.7
3.8.8
3.9
are responsible for paying their share of health insurance premiums while on
leave.
Prior to returning from leave, employees who take CFML for a documented
health condition must submit sufficient documentation from their healthcare
provider, stating that they can fulfill the requirements of their position. Employees
who do not provide this documentation will not be permitted to return to work.
Employees returning from CFML will be restored to the employee’s original job.
CFML also provides job protected unpaid leave for up to a total of 26 work weeks
of leave during a 12 month period for an eligible employee who is the spouse,
son, daughter, parent or next of kin of a covered service member in the Armed
Forces. This leave will only be available during a rolling 12 month period. Those
employees taking CFML for covered service members must provide Benefits with
sufficient proof of eligibility for this leave and the requisite certification issued by
a health care provider stating that the service member is being cared for by the
employee.
Eligible employees with a spouse, son, daughter or parent on active duty or call to
active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12-week leave entitlement to address certain qualifying
exigencies (i.e. short notice deployment; attending certain military events, etc.).
Certification of Qualifying Exigency for Military Family must be submitted to
Benefits to qualify for the leave entitlement.
The Executive Director can approve a 2nd period of CFML in limited, case-bycase situations.
Military Leave
3.9.1 The Tribes supports those who serve in the armed forces. In keeping with this
commitment, employees who must be absent from work for military service are
entitled to take a military leave of absence for a maximum leave of five (5) years.
This leave will be unpaid. When an employee’s military leave ends, that
employee will be reinstated to the position he or she would have held if
continuously employed.
3.9.2 Employees who are called to military service must notify their supervisors as soon
as possible that they will need to take military leave. An employee whose military
service has ended must return to work or inform the Tribes in writing that he or
she wants to be reinstated in accordance with these guidelines:
3.9.3 For a leave of 30 or fewer days, the employee must report back to work on the
first regularly scheduled workday after completing military service, allowing for
travel time.
3.9.4 For a leave of 31 to 180 days, the employee must request reinstatement within 14
days after military service ends and report back to work on the first scheduled
workday after being notified of reinstatement.
3.9.5 For a leave of 181 days or more, the employee must request reinstatement within
90 days after military service ends and report back to work on the first scheduled
workday after being notified of reinstatement.
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3.9.6
Employees who are called to military service continue to accrue leave at a rate of
50%.
3.9.7 Honorably Discharged Veterans are authorized to utilize the paid administrative
leave benefits to participate in Military activities such as Veteran’s Day
assemblies in schools, Honor Guard, Stand Downs, etc.
3.9.8 Disabled Veteran Leave: Available as a one-time benefit during a 12 month
period and may not exceed 104 hours for a regular-full time employee. Disabled
Veteran Leave can only be used for undergoing medical treatment of a qualifying
service-connected disability. Proof of medical appointments/treatment may be
requested.
3.10
Traditional Leave
Employees in full-time regular, part-time, or seasonal status will be granted 30 hours
paid Traditional Leave each calendar year, regardless of a temporary lapse in tribal
employment in that calendar year. Requests for paid Traditional Leave must be approved
by the Immediate Supervisor and must be requested through Paycom as far in advance as
possible. In recognition of the diversity of our employees, “Traditional Leave” is given
on the basis that the Tribes recognizes the culture, traditions and diversity of all
individuals, whether or not the individual is a member of the Tribes. This leave is not
paid upon separation or after resignation or when a termination notice has been provided.
3.11
Employee Wellness
3.11.1 The Tribes recognizes the importance of employee good health and wellness and
provides each full time, part time, and seasonal employee with four hours of paid
leave per calendar year to have an annual physical. Requests for Wellness leave
shall be completed through Paycom.
3.11.2 Employees may have up to three, one hour breaks per week for exercise programs
(including lunch) if approved by their immediate supervisor.
3.12
Absent Without Leave
Employees who have been denied leave by their supervisors and who nevertheless fail to
report for work on time on the day of denied leave, or employees who fail to report for
work and do not call within 30 minutes after their shift begins, or who abandon their
work station for the remainder of their shift without approval from their immediate
supervisor will be recorded as Absent Without Leave (AWOL) unless there is an
emergency situation. Up to a 5-day unpaid suspension may be imposed for each day an
employee is AWOL. A third AWOL within a 12-month rolling period will be deemed
grounds for immediate dismissal.
3.13
Donated Leave
3.13.1 Vacation leave may be donated to another employee if the following criteria are
met:
(a) Recipient has been deemed eligible for Colville Family Medical Leave and
recorded in Benefits as such.
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3.13.2
3.13.3
3.14
(b) All sick and vacation leave must be drawn down, prior to being eligible to
receive donated leave.
(c) Must receive approval by the donor’s Program Manager and recipient’s
Program Manager in conjunction with Benefits.
(d) Broadcasts requesting Donated Leave must be requested by Benefits.
(e) Donated leave shall not exceed 12 weeks or beyond the duration of the
documented health condition, whichever is sooner.
(f) An additional four (4) weeks of donated leave can be approved at the
discretion of the Executive Director.
(g) Donated leave that surpasses the length of leave allowed will be returned to
the donor, based on chronological order received. A leave recipient may
use donated leave only for the purposes related to the medical emergency
for which the leave recipient was approved.
(h) Intermittent leave donation requests will be reviewed on a case-by-case
basis.
(i) Benefits reserves the right to verify the medical need throughout the
duration of the donated leave being utilized.
Recipients of this leave and supervisors of donor and recipient employees are
expected to use it appropriately and with good judgment.
Donated leave is not a right. Employees are eligible for donated leave one time
per rolling year. However, there may be situations where employees are not
afforded this option due to extenuating circumstances.
Tribal Employee Volunteer Program (TEVP) Leave
3.14.1 Family and community service are important to the Tribes. The Tribes recognizes
the benefits of investing in our youth by teaching in the areas of culture,
education, and coaching sports. The employee cannot receive additional
compensation for their services when on TEVP leave. The following criteria must
be met before an employee is considered for TEVP:
(a) Employee cannot receive additional compensation for services.
(b) Employee must be in good standing.
(c) Employee will receive 32 hours of TEVP leave.
(d) TEVP leave will not be awarded until the employee and supervisor complete
the TEVP Leave Application.
(e) Must be approved through Paycom by the employee’s supervisor.
(f) Employee must fulfill all requirements of the agency and be accepted by the
agency as a volunteer.
(g) Employees must conduct themselves professionally, appropriately, legally,
and ethically during their volunteer service.
(h) Employees must include the volunteer activity, including location and name
of contact in their request for leave through PayCom.
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(i) Employees who abuse this policy (ex: are not volunteering during their
approved TEVP leave) may be subject to disciplinary action, up to and
including termination.
4.0
EMPLOYMENT PROCESSES
4.1
No Discrimination
The Tribes supports equal opportunity and does not discriminate based on race, religion,
national origin, age, sexual orientation, gender, or disability in employment related
decisions. Simultaneously the Tribes is committed to making the best use of the
significant talents of its members and other persons within its community.
4.2
Tribal Preference
The Tribes leverages the talents of its members and individuals within the community by
and through this tribal preference policy. Tribal preference shall apply in all aspects of
employment (interview selection, hiring, training, layoffs, promotions, reduction-inforce, reorganization, etc.) by selecting the person who is highest on the following list:
4.2.1 First preference: Colville Tribal Members
Second preference: First Line Colville Descendants
Third preference: Spouses or guardians/custodians of Colville Tribal Members
Fourth preference: Members of other federally recognized tribes
4.2.2 When hiring, the above order of preference applies when more than one applicant
meets the minimum qualifications set forth in the job description, passes all
required background and reference checks, performs satisfactorily in the
interview, and at least one of these qualified applicants is a Colville Tribal
member. If only one Colville member applies and meets all these requirements, he
or she will be offered the job. If there are two or more Colville members in the
applicant pool who meet these requirements, the Colville applicant who is the best
candidate will be selected. Otherwise, hiring decisions will be based on the
remaining preferences as listed in the order above.
4.2.3 The Colville Business Council may waive Tribal Preference by resolution.
4.3
Veteran’s Preference
An applicant’s veteran’s status shall be considered in hiring and promotion decisions.
Veterans will receive extra consideration in the selection process. Honorably discharged
Veterans will receive an additional 5% on interview scores. Veteran’s preference shall be
verified through a DD-214.
4.4
Vacancies
When a position becomes vacant for any reason, the program with the vacancy will
complete a Requisition through Paycom. Human Resources staff will work with the
program to finalize the job description and job announcement in order to advertise the
position. Human Resources assist departments in developing and modifying job
descriptions. In order to reduce risk of liability to the Tribes, Human Resources will
ensure the final job description complies with the appropriate classification, wages, and
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physical requirements. If the program intends to create a new position, the program will
work with HR to develop the position description and pay range.
4.4.1 New positions and salary must be proposed in writing by HR and approved by
signature of the Executive Director. Immediately upon such approval, HR will
advertise the position.
4.5
Application Review
4.5.1 HR shall screen out applicants if the applicant’s hire would violate any Tribal
policy, or if they are disbarred, excluded, or ineligible to participate in a federal
program, or have been terminated and/or convicted of certain crimes affecting
their fitness or the requirements of the position applied for.
4.5.2 The program will determine which applicants satisfy minimum qualifications,
conditions of hire, and physical requirements of the position applied for, in
addition to the level and extent of background check needed.
4.5.3 Documented concerns regarding employment history or concerns regarding
references, potential nepotism, inaccurate information in the application, prior
convictions or arrests (when applicable) or any other circumstance that may
impact fitness for hire, those concerns will be discussed with the Interview Board.
4.5.4 Applicants who have been subject to discipline, up to and including termination
and/or convicted of crimes involving misappropriation, theft, or negligent loss of
tribal funds, property or equipment or conspiracy to commit misappropriation or
theft, will not be eligible for any position that involves direct management of the
Tribes funds or property as a job requirement.
4.6
Interview/Selection
The interview process will be conducted by a fair, ethical, unbiased, and confidential
Interview Board comprised of the immediate supervisor and two (2) other voting
members who have professional or technical knowledge of the position requirements.
4.6.1 Interview questions must be submitted to Human Resources at least two days
prior to the interviews taking place. Answers to questions will be rated with a
numerical score of 0–4, with zero meaning “unresponsive” 1 meaning
“unsatisfactory” 2 meaning “satisfactory/average,” 3 meaning “better than
average” and 4 meaning “Superior.” All interviews must include at least 10
scored questions, and the interview scoring sheet will include a space for
additional points for veteran applicants as provided in § 4.3 above.
4.6.2 Final selection of an applicant by the Interview Board will be based, among other
things, upon satisfactory employment record, supporting job references, meeting
minimum qualifications, possessing the physical capabilities to perform the
essential functions of the position, providing accurate and complete information
on the application and at the interview, passing applicable background and driving
clearances, responding to job interview/job offers in a timely manner, passing all
required health or drug screening, and remaining in good standing with the Tribes
throughout the application, interview, and hiring processes.
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4.6.3
The Interview Board will make recommendations for final selection but cannot
negotiate salaries (See Salary Policy enacted 2015, per Reso. 2015-153 for
additional information attached as an appendix).
4.6.4 The Interview Board will forward to the HR Director for final approval.
4.7
Nepotism
4.7.1 Nepotism means favoring relatives by giving them jobs, promotions, etc. This
form of preferential treatment by a family member for his or her immediate
family in hiring, promotion, firing, or lay-off and is prohibited. “Immediate
family” (as defined in the definitions section) shall include: spouse, child, parent,
sibling, grandparent, aunt, uncle, nieces and nephews; this includes step and foster
parents and children.
4.7.2 No person shall hold a job or be hired into a job that requires him or her to
directly supervise or to be supervised by an immediate family member.
4.7.3 No employee shall enter into an agreement with another employee for training or
educational benefits provided by the Tribes if the persons are members of the
same immediate family.
4.7.4 No person shall enter into or supervise contracts or services to the Tribes that are
to be performed by his or her immediate family members.
4.7.5 No person shall serve as an Interview Board Member if an immediate family
member is being considered for a vacant position.
4.7.6 A person, randomly or otherwise, selected to serve on an Interview Board, shall
not accept and shall withdraw when the decision of the board or committee will
affect a member of his/her immediate family.
4.7.7 No person shall participate on an Interview Board if there is an immediate family
member on the Interview Board.
4.7.8 Employees may report concerns regarding nepotism to Human Resources.
4.8
Orientation
Employee orientation is intended to provide new employees with general information
about Tribal operations, benefits, Policies and Procedures and job expectations. It is the
responsibility of the immediate supervisor to ensure the new employee attends orientation
sessions, completes the required forms and is available for questions. A schedule of
orientation sessions will be provided to the new employee with the expectation that
he/she will attend the first available date. The employee will sign the orientation form to
acknowledge the information was received. In addition, all employees will receive and
sign an acknowledgement they received a copy of this EPM and will agree, in writing, to
read it in its entirety and abide by its provisions.
4.9
Introductory Period
4.9.1 During the introductory period, both the Tribes and its employees will have the
opportunity to better understand each other regarding the Tribes’ expectations and
the employee’s skills, attendance, talents and fit for the job. Introductory periods
for employees are 90 days in length. Although discouraged, the introductory
period may be waived by the Executive Director with adequate written
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justification upon recommendation of the interview board. During the
introductory period an employee may be released for any reason. Programs are
responsible for determining, during an employee’s introductory period, whether
the employee is able and willing to fulfill his or her job duties. The Tribes may
release employees who do not or will not satisfactorily perform the duties of their
position during the introductory period and this release is not subject to the
grievance/appeals process.
4.9.2 Programs are responsible for conducting, at minimum, a 60 day interim
probationary review during the employees introductory period. The program
should utilize the ‘Short Form’ appraisal form when conducting the 60 day
interim probationary review.
4.9.3 Current employees hired for new positions or demoted to a different position are
subject to a 90 calendar day introductory period. Employees will retain their
benefits if the position they have assumed is eligible for benefits. Leave time
taken in the new position may extend the introductory period, day-for-day of
leave used, at the discretion of the supervisor. If the Program deems that an
additional introductory period is warranted to determine if the employee can
fulfill the job duties, the manager may request, in writing and in advance, an
extension of the introductory period for 30 days to the Executive Director, who
may approve it at his or her discretion.
4.9.4 Employees in their introductory period do not have an expectation of continued
employment, as during this period they may be released for unsatisfactory
performance and may not grieve or appeal a termination while in the introductory
period.
4.10
Performance Appraisals
4.10.1 Performance appraisals (long form) during an employee’s interim probationary
review must occur, at a minimum, after 60 days (See 4.9 Introductory Period).
4.10.2 Performance appraisals will be completed by the immediate supervisor on a
standardized Performance Appraisal Form (long form) annually during the month
of October. The Performance Appraisal process must be completed within 90
days. Failure to complete the process within the 90-day timeframe may result in
disciplinary action.
4.11
Employee Recognition
4.11.1 The Tribes understands the value of recognizing employees whose performance
exceeds the standard and the importance of public service by employees and shall
hold an annual Employee Appreciation event. Departments are responsible for
identifying employees whose attendance, performance, professionalism,
leadership, and/or public service is outstanding and deserving of special
recognition.
4.11.2 Directors shall annually provide to the Executive Director a list of employees who
are deserving of special recognition. A special committee shall be appointed by
the HR Director to develop this recognition program.
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4.11.3 Programs, with the approval of the Executive Director, are encouraged to
recognize outstanding employees on a more frequent basis through an established
standard practice. This may include but it is not limited to: merit increase, free
day off, bonus, etc.
4.12
Reclassification of Positions/Compensation
Positions may be reclassified—that is, their titles and job descriptions and at times, pay
range may change.
4.12.1 When a manager or supervisor determines that a position in his or her program
should be reclassified, or when an employee believes that his or her position
should be reclassified, the supervisor, manager or employee will complete and
send a Reclassification Packet and all supporting documents to Human
Resources for review.
4.12.2 Upon approval and subject to the availability of funding, the wages may be paid
retroactively from the date of receipt of a complete reclassification packet in the
Human Resources office so long as the date is in the current fiscal year. If there
is no funding available at the time of approval the job description and/or title
may still be revised with a notation that compensation will be based upon the
availability of funding.
4.12.3 The overall intent of job descriptions should not be compromised. Job
descriptions are intended to reflect and describe the nature and intent of a job
classification and may not be a total list of duties. When new assignments are
made to a specific job classification, they do not automatically require
additional compensation.
4.12.4 Tribal Preference shall be considered when a Reclassification Packet/request is
submitted to HR for processing.
4.13
Resignations and Separations
4.13.1 Employees may resign with or without cause. Resignations must be written and
signed by the employee, or, if an employee has given verbal notice of
resignation to his supervisor or anyone in the chain of command, the supervisor
will timely document the verbal resignation in a memorandum, including its
date and the person to whom the resignation was stated, and provide a
reasonable opportunity for the employee to review the memo and concur by his
or her signature. If the employee signs the concurrence he or she is deemed to
have resigned. If the employee remains at his or her work station following the
verbal resignation and continues to report for work and refuses to concur with
the memo, the employee will not be deemed to have resigned.
4.13.2 A resignation submitted by an employee during an HR or program investigation
of possible misconduct by the employee may not be accepted until the
investigation has been completed. If a determination is made by either HR or
the supervisor that the misconduct occurred and that immediate termination is
the appropriate disciplinary action under the circumstances, the employee will
be terminated for cause pursuant to these policies, or may sign a “Resignation in
Lieu of Termination” Agreement acknowledging the misconduct and agreeing
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4.13.3
4.13.4
4.13.5
4.13.6
that this record may be accessed by a supervisor considering the employee for
hire in the future.
A Separation of Employment (SOE) must be submitted to Human Resources
within three (3) business days of the date of separation. All employees are
requested to give at least two (2) weeks’ notice. The immediate supervisor may,
with the concurrence of the next level supervisor, agree to a shorter notice to
accommodate extenuating circumstances. The last day worked shall be
considered the date of separation.
A separated employee shall be compensated for all vested, accrued, and unused
vacation leave only. Employees shall in no case be paid out for unused
traditional leave or unused sick leave. Employees who are eligible to receive
compensatory time may receive payment for approved but unused
compensatory time.
Upon the effective date of resignation or separation for any cause, employees
are required to return all tribally-owned and issued equipment and property,
including but not limited to computers and devices, cell phones and accessories,
keys, credit cards, passwords, and any work-related documents in the
employee’s possession. Employees who are notified of their separation via mail
will have three (3) business days to return the Tribes’ property. Information
created by employees while working for the Tribes is the sole property of the
Tribes and shall not be duplicated and removed either in hard copy or
electronically from the Tribes’ virtual or physical properties. Employees found
to have taken or accessed tribal property may be prosecuted.
Employees shall provide their supervisors a written summary of their work in
progress in order to affect a smooth transition. The employee’s final check will
be held until the property is returned and may include deductions for amounts
owed to the Tribes.
4.14 Abandonment of Job
An employee who fails to report to work and does not personally contact the immediate
supervisor for three (3) complete and consecutive employee work days or shifts will be
considered to have abandoned his or her job and will be dismissed, unless he or she can
provide a statement signed by a physician or other authorized professional that the
employee was physically incapable of making such contact. Employees who abandon
their jobs have waived their right to grieve or appeal termination on that basis.
4.15
Reductions-in-Force (RIF
4.15.1 The Colville Business Council may approve a Reduction in Force (RIF),
following a recommendation from the Executive Director, based on substantiated
facts that there is a lack of funding, shortage of work, or a reorganization of the
government operations or structure is required that may cause positions to be
considered no longer necessary and therefore eliminated.
4.15.2 An employee who will be separated under this section will be given as much
notice as possible but at least 14 calendar day’s written notice from the Human
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Resource Office. Employees who are in their introductory period or are temporary
will be considered for separation first.
4.15.3 The conditions of lay off under a RIF for employees are:
(a) Voluntary RIF. When there is a position scheduled to be eliminated, an
employee of the same classification of position within the same program
may voluntarily offer to be laid off under this section as a RIF with the
approval of their Program Manager or Department Director if the position
reports to the Department Director.
(b) Offer of Reassignment/Transfer. Prior to his/her last date of employment, an
employee in good standing (has no current or pending disciplinary actions)
who is scheduled to be separated as a result of a RIF or Reorganization may
be offered a reassignment/transfer into a comparable vacant position if the
employee clearly qualifies for the position. If the employee chooses not to
accept this offer, no other offers will be made under this policy.
(c) Displaced Employees on Re-employment Lists. The names of employees
who have been laid-off shall be placed on a re-employment list in the
Human Resource Offices who will notify the displaced employee of job
openings. Persons on the re-employment list will have preference over nonRIF’d applicants provided that the worker displaced by the RIF meets the
minimum qualifications for the position and appropriately applies for the
position. This option expires 12 months following the RIF or when the
employee has accepted another Tribal position within those 12 months.
Indian Preference applies.
(d) Appointment or Hire of Displaced Employees to Positions of a Lower Class.
A Department Director may, in consultation with affected Program Manager
and with the approval of the Executive Director, reassign an employee who
is to be laid off to an existing vacancy in a lower class for which the
employee is qualified and if the employee accepts the lower class position.
If the employee chooses not to accept the lower position there shall be no
negative consequences with regard to future Tribal employment. Indian
Preference applies.
(e) Order of Separation or Retention. To determine which positions will be
RIF’d or retained, the decision shall be based first upon Indian Preference,
performance, and then upon seniority. A termination as a result of a RIF
cannot be grieved or appealed.
4.16
Reorganizations
Reorganizations will be based on changes necessary to improve or eliminate
functions or services, address shifts in funding, to eliminate or change the types of
positions needed to meet the goals of a program, department or the Tribes.
Reorganization does not result in a loss of employment; rather, it is realigning
positions within the program or Department. The request for Reorganization
requires Human Resource Office review and approval by Executive Director, with
final approval from the Colville Business Council. Documents submitted for
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approval will include the reason the action is being taken, which positions are
affected and how and why these specific positions have been identified.
4.16
Program Layoffs
4.16.1 In certain instances an individual program may face a budget shortfall requiring
the layoff of one or more employees in positions which, in the best judgment of
the manager, can no longer be funded. In other instances employees may be hired
with the understanding that the position may be terminated in the event that its
funding is depleted. Positions are not necessarily permanently eliminated in a
Program layoff. Managers seeking to layoff an employee or employees under this
section must have the signed approval of their division Director and the Executive
Director for such action, and must present a full justification of the proposed
action. This action cannot be taken to terminate an employee or employees based
on poor performance; it is not to be substituted for a disciplinary action.
4.16.2 Employees laid off under this provision will be provided with the same
opportunities as those offered RIF’d employees under section 4.15.4 above.
4.16.3 As with RIF’ed employees, persons laid off under this provision may not grieve
or appeal the action.
4.17
Transfers
4.17.1 A transfer is a lateral movement, to any other position within the Tribal
organization. The transfer must be within the same skill grade and same pay, or
to a lower skill grade. A transfer may not be to a higher skill grade. A transfer
must be approved by the Program Manager and Division Director of each affected
program. At the Program Manager’s and Division Director’s discretion, an
employee may be permitted or required to make a temporary or permanent
transfer in order to accommodate the needs of the Tribes, so long as the
employee’s hourly rate and benefits are not affected.
4.17.2 Transfer Eligibility & Requirements:
(a) Employees requesting a transfer should submit a ‘Transfer/Promotion’
Request Form’ and submit to their supervisor.
(b) Employee must meet the minimum experience, education, and certification
and training requirements associated with the position classification.
(c) Employee must have a track record of maintaining above average
attendance and performance.
(d) Employee must be in good standing without any current or pending
disciplinary actions.
(e) Employee must have been in their current position for a minimum of 6
months.
(f) New positions must be filled through the regular hiring process.
(g) A Notice of Positions Vacancy (NPV) packet is submitted by the program to
Human Resources, within five (5) business days. The packet must contain
the NPV, Position Description, Budget and Organizational Chart.
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(h)
The HR Director verifies that the recommended employee is eligible for
transfer and has passed the probationary period.
(i) Indian preference applies.
4.17.3 Employees requesting transfers under this section should make those requests in
writing to their supervisor, who may approve or disapprove the request. This
option must meet the operational needs or services of the Tribes and program.
4.17.4 Transfers may occur when the funding source for the position changes but the
employee remains in the same capacity and in the same program under a different
funding source.
4.18
Promotions
4.18.1 Promotions are changes in employment status that result in an increased hourly
rate, and responsibilities.
4.18.2 Promotion Eligibility & Requirements:
(a) Employee must meet the minimum experience, education, and certification
and training requirements associated with the position classification.
(b) Employee must have a track record of maintaining above average
attendance and performance.
(c) Employee must be in good standing without any current or pending
disciplinary actions.
(d) Employee must show potential for being able to manage the increased scope
of duties and responsibilities associated with the vacant position
classification.
(e) Employee must have been in their current position for a minimum of six (6)
months.
(f) New positions must be filled through the regular hiring process.
(g) Indian preference applies.
In the event of extraordinary circumstances, any of the above criteria may be
waived with the approval of the Executive Director.
The employee’s rate of pay, after a promotion, will be determined according to
the salary scale for the new position. This policy provides no guarantee of future
transfers, promotions, step increases or any other salary adjustments.
4.18.3 Promotions are initiated through the following process:
(a) Employee completes and submits a ‘Transfer/Promotion’ Request Form’
and to their supervisor.
(b) The Supervisor reviews and recommends that a vacancy be filled by
promotion and must consider all qualified employees in the program for the
promotion.
(c) The Program Manager and Department Director concur in writing.
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(d)
A Notice of Positions Vacancy (NPV) packet is submitted by the program to
Human Resources, within five (5) business days. The packet must contain
the NPV, Position Description, Budget and Organizational Chart.
(e) The HR Director verifies that the recommended employee is eligible for
promotion and has passed the initial probationary period.
4.18.4 If multiple employees qualify for consideration of a promotion to the same
positions, supervisors must notify all qualified employees of the promotion
opportunity. An interview will be conducted of qualified employees, within five
working days of the notification to employees who qualify for consideration
under these requirements.
4.18.5 The Promotion Process described above is a separate process from “Succession
Planning.”
4.19
Employee-Provided Information
Each employee is responsible for making changes to their name, address, contact
information, and any other life-changing event through Paycom. Employees who hold
positions that require a license or certification must provide Human Resources
documentation of their license or certification to be included in their employee file.
5.0
EMPLOYEE CONDUCT
5.1
Employee Responsibilities
All employees shall abide by reasonable expectations to improve standards of service, to
instill the confidence of the Colville Tribal Members, to prevent conflicts of interest and
to otherwise abide by the requirements of this EPM. All employees shall respect every
individual’s basic human rights and dignity, will work cooperatively with other
employees and guests, and refrain from making derogatory comments about the Tribal
Organization and its’ employees. There is an expectation that employees will act
professionally, whether on delegation, travel status, in the office, or otherwise.
5.1.2 Each employee shall provide the best service possible to all individuals,
recognizing the importance of everyone’s contributions to the overall
effectiveness of the tribal government. Employees shall actively participate in
helping their Department reach the Tribes’ programmatic goals. All employees
have a duty to protect tribal resources, including its natural resources, financial
resources, and its people, to promote the self-sufficiency of the tribal organization
and individuals, and to model responsible behaviors in the workplace and their
communities.
5.1.3 All employees shall recognize the importance of diversity and the importance of
human relationships and shall treat members, guests, and employees with equal
respect and dignity.
5.1.4 All employees at all times shall perform their duties professionally and in a timely
manner, with accountability and integrity. All employees shall maintain positive,
productive and safe work habits, including but not limited to punctuality, timely
responses to directives by supervisors, and production of quality work. Employees
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shall work cooperatively with each other and share relevant information in order
to complete job duties or directives.
5.1.5 All employees shall practice good judgment, be honest, and conduct themselves
in an ethical manner at all times.
5.2
Dress code
Employee appearances should be appropriate for the environment that they work in. At
all times, employees must project an appropriate, professional and respectful image of
their employer. Supervisors have the discretion to set appropriate guidelines for employee
dress in the work place. As a general rule, all clothes must be work appropriate and
project professionalism. Clothes that are too revealing or inappropriate are not allowed.
5.3
Secondary Employment/Conflict of Interest
5.3.1 An employee’s activities, including those of a political or economic nature, that
conflict with, or appear to conflict with, his or her duties as an employee, shall not
be permitted. Employees who hold secondary employment or contracts must
submit an Additional Employment or Service Form to their supervisor and
Program Manager to determine if a conflict of interest exists or if it interferes with
their regular job duties.
5.3.2 Employees may have secondary employment, provided the employment does not
conflict with their regularly scheduled work hours and work duties. In the event of
a schedule conflict, the needs of the Tribes will take precedence. Should a public
safety or other serious emergency require the paid services of an employee, this
shall take precedence over the employee’s regular duties, subject to the discretion
of the immediate supervisor.
5.3.3 The Tribes recognizes that some employees have alternate sources of income, and
although the Tribes does not wish to hinder their livelihood, they cannot allow
that business to interfere with the work flow and services provided by the Tribes.
To safeguard both, it is the policy that employees shall not solicit or sell products
or goods during their work hours with the Tribes. Employees may not take on
additional outside work that results in their unsatisfactory performance in their
positions for the Tribes.
5.3.4 When evaluating proposals, contracts, bids, and other instruments of business
relationship, employees who have prior or current association with firms
proposing to do business with the Tribes shall recuse themselves from any
dealings involving any proposal, contract, bid or other instrument of business.
5.4
Service on Committees
The Tribes supports participation of its employees as representatives on boards,
committees or associations provided there are clear benefits to the Tribes and its
membership and when resources support such service. Prior to accepting a seat on a
board, commission, committee or association outside of program advisory boards,
Colville Business Council (CBC) prior approval is required if acting in an official tribal
capacity. Participation on local, program, or advisory committees (i.e. parent education
committees, health advisory committees) requires only department director approval, if
acting in an official tribal capacity, unless appointed by CBC. An Additional
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Employment or Service Form must be submitted to immediate supervisor and Program
Manager for approval. If an employee is serving on a board outside of their official
capacity, only notification to their supervisor is required (See section 5.8 below re:
Honorarium).
5.5
Use of Position
Employees are expected to be professional, honest and to act in good faith. A misuse of a
position is unacceptable. Employees are expected to stay within the scope of their
authority and of their position. Employees may not use their official title, position, or
office in the following ways:
(a) To coerce, threaten, or intimidate any person for any reason.
(b) To provide preferential or discriminatory treatment, for personal gain, or to conduct
personal business.
(c) To give the impression to any person or agency that he or she represents the Tribes
when in fact, he or she does not.
5.6
Gifts and Gratuities
Accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or anything
of monetary value reasonably determined to exceed $100.00 in value from any person,
group, or private organization seeking to enter into, or already in, a business or financial
relationship with the Tribes, is prohibited. Any such gift offered to an employee during
the course of his or her employment must be immediately reported to the employee’s
immediate supervisor, who shall forward the gift to the Purchasing Office to be used as
determined by the Employee Recognition Committee. Items that are excluded include:
(a) Gifts from family members, friends, or co-workers.
(b) Food and refreshment of nominal value in the ordinary course of a luncheon or
dinner meeting, or other work-related social occasion.
(c) Unsolicited advertising, promotional material, or door prizes.
5.7
Awards and Recognitions
Employees may accept traditional gifts or awards or personal achievement, meritorious
service, or community service awards.
5.8
Honorariums and Board Fees
Employees who receive honorariums or board fees while acting in their capacity as an
employee of the Tribes must return the fee to their program unless otherwise approved by
their supervisor. Employees on pre-approved leave and not in approved travel status may
keep honorariums or board fees and mileage allowances. Employees must notify their
immediate supervisor of their status and payment while acting in their capacity as an
employee of the Tribes.
5.9
Travel
5.9.1 Individuals who travel for business purposes require a valid driver’s license and
must be eligible for the Tribe’s insurance if they’re driving or transporting
themselves. Tribal or GSA vehicle should be the primary vehicle to conduct
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5.9.2
5.9.3
5.9.4
5.9.5
5.9.6
5.9.7
5.9.8
5.9.9
business. In situations where Tribal or GSA vehicles are not immediately
available, the employee may use their personal vehicle. A valid driver’s license
and proof of adequate insurance for use of a personal vehicle is required, per the
Tribes Vehicle Use Policy. Personal vehicle insurance will be considered the
primary insurance if the employee uses their personal vehicle.
Employees using a tribal vehicle must be eligible for the Tribes’ Vehicle
insurance and comply with the Tribes Vehicle Policy. The Vehicle Use
Authorization Form, signed by appropriate approving authorities, is required
when a tribal or GSA vehicle is used before or after scheduled work hours.
Employees must comply with all Federal Policies, Rules and Regulations relating
to the use of GSA vehicles, including completion of form ‘GSA 3607 Motor
Vehicle Operator’s License and Driving Record.’
When possible, one vehicle shall be shared by all employees traveling to the same
destination; only one person may claim mileage for use of a personal vehicle.
Mileage will not be paid for travel within the boundaries of the Agency Campus
or for use of a tribal vehicle.
Employees are expected to practice safe driving habits, abide by local laws, and
wear seatbelts appropriately. Distracted driving which includes, but is not limited
to, driving while using cell phones or other electronic devices, is not allowed.
Employees must report any driving violations to their supervisors within 48 hours.
Driving infractions that occur during the course of business or while driving a
Tribal or GSA vehicle are the responsibility of the employee.
Use of tobacco, illegal drugs and alcohol are prohibited in a Tribal or GSA
vehicles at any time.
Employees are prohibited from transporting non-Tribal employees, unless
authorized by the Program Managers. Employees are encouraged to report
violations to the Executive Director immediately. Tribal or GSA vehicles other
than commuter vans may not be used for regular commuting to and from work
unless the vehicle is being used by an emergency response employee or is
approved by the Executive Director.
Employees authorized to use their personal vehicle for a business trip may request
pre-paid mileage on the approved mileage form and voucher to Accounts Payable.
If an employee chooses to drive a personal vehicle and the cost exceeds round-trip
air fare to the destination, the employee will be paid only the cost of the air fare
and per diem for the days that would be used if the employee had traveled by air.
Any employee who is not insurable by the Tribes cannot drive for work related
reasons that includes using their personal or a rental vehicle for tribal business
purposes.
Employees delegated on approved out-of-area travel will be provided allowable
costs or expenses within the established Per Diem schedule. Per diem will be
allowed from departure time to return time based on Domestic Per Diem Schedule
or the CONUS rate or other approved rate schedule, available in Accounts
Payable. Employees must return any overpaid travel allowances with the
exception of per diem unless it was overpaid. Where travel costs exceeded per
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diem, the employee shall submit receipts to request reimbursement and the
immediate supervisor shall determine whether those expenses are eligible for
reimbursement.
5.10
Confidential Information of the Colville Tribes
5.10.1 During the course of employment, employees will have access to confidential of
the Tribes, its members, employees, partners, and its clients. Employees shall not
disclose any confidential information to anyone without permission from their
supervisor. If an employee has access to or inadvertently discovers information
which is considered confidential , it is the duty of the employee to consult with his
or her immediate supervisor to determine if the information is in fact confidential
and to treat it as such until a determination is made (See Section 14.0 for
Definition).
5.10.2 If employees are served with a subpoena, discovery request, or other legal
document compelling disclosure of confidential information, employees must
immediately notify their immediate supervisor and the Office of Reservation
Attorney.
5.10.3 Employees shall not use confidential information for their personal gain or profit.
The duty to maintain confidentiality continues after an employee leaves
employment through resignation or termination, or due to the elimination of the
employee’s position, or for any other reason. Any employee who violates this
policy will be subject to disciplinary action that may result in immediate
dismissal; current and former employees who violate confidentiality in such a
way as to be damaging to the Tribes or its employees are subject to legal action in
the Colville Tribal Court. In addition to other remedies and damages, the Court
may award punitive damages to the Tribes if it deems such award appropriate
under the circumstances.
5.11
Harassment Policy
5.11.1 The Tribes is committed to providing a work environment that is free from all
forms of discrimination and conduct that is harassing, coercive, or highly
inappropriate. Highly inappropriate conduct includes, but is not limited to
actions, words, jokes and/or comments based on an individual’s race, religion,
national origin, age, sexual orientation, gender, or disability nor will situations
that appear to be Quid Pro Quo harassment. Quid Pro Quo harassment exists
when submission to harassment is used as the basis for employment decisions,
linking benefits such as raises, promotions, and better working hours to an
employee’s compliance with sexual advances or other forms of harassment. The
Tribes provides ongoing harassment training to ensure employees the
opportunity to work in an environment free of sexual and other unlawful
harassment. All harassment is prohibited. Bullying and other inappropriate
behavior not limited to the categories listed above is prohibited.
5.11.2 Employees who experience or witness any form of harassment in the workplace
should report the act immediately to a supervisor or Human Resources. If the
supervisor is unavailable or it would be inappropriate to contact that person,
employees may contact any other manager or director, who shall report the
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allegation to the Human Resources Director. Employees can raise concerns and
make reports without fear of reprisal or retaliation that is strictly prohibited and
will subject the person retaliating in response to the report to disciplinary action,
up to and including termination.
5.11.3 Human Resources will receive all written complaints of harassment on its
Complaint form and the Employee Relations Manager will review the
Complaint within one (1) business day of its receipt. If the Employee Relations
Manager determines an investigation is needed, it will be conducted strictly
confidential manner and may not be discussed with anyone outside the process.
5.11.4 An investigation will begin within one (1) work week of HR’s receipt of the
Complaint.
5.11.5 All allegations of harassment shall be quickly and discreetly investigated by HR
in consultation with the Office of Reservation Attorney as necessary.
Employees are required to participate in any and all harassment investigations.
5.11.6 HR may request that one (1) or more employees be placed on paid
administrative leave pending outcome of the investigation. The Executive
Director is authorized to approve these requests. Employees placed on leave
under this provision must be available for interviews as required by the HR or
other investigator.
5.11.7 Investigations will be completed within two (2) work weeks of HR’s receipt of
the Complaint. If this is not possible, the complainant will be notified in writing.
5.11.8 After the investigation is completed, the complainant and respondent will
receive the written findings of the investigator. Specific evidence gathered in
investigations of harassment is strictly confidential and may be disclosed only to
the immediate supervisor of the person alleging harassment and the immediate
supervisor of the person alleged to have committed harassment.
5.11.9 A supervisor or manager who is aware of the harassment and fails to report it
will be subject to disciplinary action, up to and including dismissal. Anyone
engaging in any form of harassment will be subject to disciplinary action
including dismissal.
5.11.10 False and malicious reports of harassment may be subject to disciplinary action.
5.12
Political Activity
5.12.1 Employees on paid status may not campaign for a candidate for public office.
While on the job or on delegation employees shall not conduct political
activities, except as endorsed by Colville Business Council directive or
Resolution. Employees will not, while engaged in allowable political activities,
interfere with the performance of duties of other Tribal employees.
5.12.2 Employees will not use their position to interfere with a tribal election or to
influence its results. Employees who are directed to report at District or General
Membership meetings are considered on duty, acting in their official capacity
only during the time of their reporting (See Section 5.10 above regarding
disclosure of confidential information).
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5.12.3
The above provisions notwithstanding, the Planning Program may, as
authorized by the Colville Business Council, print election materials at cost for
CBC candidates.
5.13
Use of Tribal Property
5.13.1 An employee may not use tribal property in an inappropriate, careless, or
unauthorized manner, including for personal reasons. All credit cards, computers
and devices, equipment, furniture, vehicles, office supplies, phones or other
property purchased by the Tribes for use by an employee remain the sole property
of the Tribes and may not be used for personal reasons.
5.13.2 Employees found to have taken or accessed tribal property without authorization
may be prosecuted.
5.14
Notice of a Lawsuit or Other Legal Claim
In the event any employee is served with notice of a lawsuit, subpoena, or of any other
claim, whether naming the Tribes as a party or not, regarding the employee’s official
duties for the Tribes rather than a personal matter, the employee must notify his or her
immediate supervisor, who must notify the Executive Director, Human Resources, and
the Office of Reservation Attorney as soon as possible.
5.15
Interaction with Funding Agencies
Employees are expected to maintain professional standards when dealing with tribal,
federal, state, or private funding agencies and their representatives. Employees will
contact funding agencies only as required by their job responsibilities and when
authorized to do so in order to conduct tribal business; unauthorized contact may result in
disciplinary action.
5.16
Interaction with the Colville Business Council
The Colville Business Council is the policy-making body of the Tribes. The CBC has
delegated responsibility for all personnel matters to the Executive Director through its
approval of this EPM. Employees shall notify their immediate supervisor when a
directive or assignment is received from a member of the Colville Business Council (See
Resolution 2000-094; “A directive must be signed by at least 5 committee members to be
valid, and must be agreed upon and signed at a regular committee meeting”).
5.17
Health Requirements
Some programs have a responsibility to provide healthy workers for the protection of the
clients served. The Tribes requires:
5.17.1 TB Testing: As a condition of employment, employees who directly interact with
vulnerable populations such as elders or youth are required to have a tuberculin
skin test or have a chest x-ray with a negative result. Additionally, employees
who may have been exposed to TB are encouraged to obtain a TB health screen.
5.17.2 Contagious/Infectious Illness Reporting: Employees must immediately report a
contagious/infectious illness or exposure to a contagious/infectious illness to their
immediate supervisor. This duty includes potential exposure as a result of large
social gatherings, non-essential travel, or other voluntary actions on the part of the
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employee during a pandemic. Employees may be subject to disciplinary action
under Section 9.0, for knowingly and intentionally violating any emergency
proclamation/resolution set in place by the Colville Business Council or
Executive Director pertaining to preventing the spread of a contagious/infectious
disease. Administration has the responsibility to use their best judgment to
develop an appropriate course of action to protect other employees, including but
not limited to requiring an employee to take leave from work. Supervisors have
the responsibility to use their best judgment to develop an appropriate course of
action to protect other employees and are encouraged to consult Human
Resources. As the official custodian of employee records, Human Resources shall
receive and maintain all medical documentation.
5.17.3 Reporting Injury or Illness: Injuries or illness as a result of a work condition or
suffered on the job must be reported to the employee’s immediate supervisor
within 24 hours of the injury, illness, or Occupational Disease and complete
worker’s compensation forms. Failure to report an injury within twenty four (24)
Hours may impact an employee’s eligibility for Workers Compensation benefits.
5.18
Breastfeeding Policy
In recognition of the well documented health advantages of breastfeeding for infants and
mothers, the Colville Tribes provides a supportive environment to enable breastfeeding
employees to express their milk during work hours.
5.18.1 Breastfeeding employees are allowed to take reasonable breaks in order to
breastfeed or express milk during their work day.
5.18.2 A lactation room is available for employees to breastfeed or express milk. The
lactation room is located on the first floor of the Government Center, directly
across from the Café and should only be used by breastfeeding mothers.
Expressed milk may be stored in the refrigerator provided in the lactation room;
all expressed milk must be labeled with their name and date collected.
5.19
Safety Rules
The Tribes has adopted a Tribal Occupational Safety and Health Act (TOSHA) to
provide safe work conditions and training. Employees should always be aware of their
surroundings and practice safe behavior. Employees are obligated to observe the safety
regulations, use the safety equipment provided to them and to practice safe behavior at all
times. Employees shall report safety concerns to their supervisor immediately.
Employees are provided the ability to participate in the Safety Committees.
5.20
Tribal Ownership of Employee Work Product
5.20.1 All work areas/posts, equipment, tools, and vehicles used to conduct tribal
business are considered part of the work place of the Tribes that can be examined
at any time.
5.20.2 During the normal course of business, other tribal employees may need to obtain
access to these areas in order to locate materials or information necessary to
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complete their duties. As a result, employees should be aware that personal items
in their workspace are not private or confidential.
5.20.3 All documents, reports, photographs, artwork, intellectual property, or any other
employee work product, created or developed by an employee being paid by the
Tribes to perform these tasks, whether such work product is in hard copy or
electronic form, is the sole and exclusive property of the Tribes and may not be
removed from the possession and control of the Tribes.
5.20.4 The provisions of this section do not override the confidentiality of client records.
5.21
Contracting
Only the Colville Business Council, or the Executive Director or designee, may enter into
a contract that is intended to bind the Tribes. All contracts require appropriate
administrative review and approval, and compliance with the Tribal policy. All original
contracts shall be sent to the Purchasing Office to be filed.
5.22
Purchasing
Employees may purchase items on behalf of the Tribes with proper authorization and in
accordance with the Purchasing Policy.
5.23
Social Media Policy
5.23.1 For purposes herein, “social media” includes all means of communicating or
posting information or content of any sort on the Internet, including to one’s
own or someone else’s blog, journal or diary, personal web site, social
networking or affinity web site, web bulletin board or a chat room, whether or
not associated or affiliated with the Colville Tribes, as well as any other form of
electronic communication.
5.23.2 Employees are required to read and familiarize themselves with all provisions of
this policy. A failure to follow these provisions will not be excused based upon
a lack of awareness of them.
5.23.3 Employees may not discuss any confidential workplace information either
orally, in writing, or on any social media platform or through any form of
electronic communication unless appropriately authorized or required by their
duties to do so.
5.23.4 Employees must be fair and courteous to fellow workers, visitors, Tribal
members, and people who work on behalf of the Colville Tribes, in any social
media posting or electronic communication.
5.23.5 Employees must avoid using statements, photographs, video or audio that
reasonably could be viewed as malicious, discriminatory, obscene, threatening
or intimidating to disparage fellow workers, Tribal members, visitors, or people
who work on behalf of the Colville Tribes.
5.23.6 Employees shall not use any form of electronic communication or social media
platform to harass or bully another person. Examples of such misconduct might
include offensive posts meant to intentionally harm someone’s reputation or
posts that could contribute to a hostile work environment on the basis of race,
sex, disability, religion or any other status protected by applicable law or policy.
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Employees who falsely accuse another person of serious misconduct or a crime
on any social media outlet may be subject to discipline under this policy or
prosecution for defamation in the Colville Tribal Court.
5.23.7 Tribal employees who use social media in whatever form are urged to use
discretion and common sense. Employees should be aware that, if they identify
themselves as a tribal employee or if they hold a tribal position known to the
community, it is important that the content they post or otherwise communicate
electronically on government or personal sites appropriately reflects the
professionalism and trust required of their position.
5.23.8 Unless authorized to do so, an employee shall not represent him or herself as a
spokesperson for the Tribes. On personal blogs, websites, and other social
media, employees are strongly encouraged to include a disclaimer such as “The
postings on this site are my own and do not necessarily reflect the views of the
Colville Tribes.”
5.23.9 Employees have no expectation of privacy while using Tribal equipment or
facilities for any purpose, including authorized blogging, and that generally
there is no expectation of privacy while using the Internet.
5.23.10 The Tribes investigates all reports of violations of this social media policy.
Reports shall be provided to the Human Resources Office, which will forward
these to the appropriate investigative party. Violation of the Tribes’ social
networking policy may result in disciplinary action up to and including
immediate termination. The Tribes reserves the right to take legal action where
necessary against employees who engage in prohibited or unlawful conduct.
6.0
ATTENDANCE, TARDINESS, AND ABSENCES
6.1
Work Hours
Good attendance contributes to a positive and productive work environment. Employees
are expected to report to work on their scheduled days and for the duration of their
scheduled shift. The Tribes’ business hours are 7:00 a.m. to 5:30 p.m, Monday through
Thursday. See Resolution 2019-569. Most employees work four (4), ten (10) hour days
unless otherwise approved by the Department Director. Every Tribal office will be open
Monday through Thursday unless officially closed for a holiday or other authorized
closure; those offices with non-traditional hours will arrange days off to ensure the office
is open five (5) days a week. If the employees do not have an office but work in the field,
it is not necessary to schedule five-day coverage. The workweek is defined as starting
Sunday morning and ending Saturday night.
6.2
Flex Time
Flex time is time on the job outside the normal working shift, used to arrive at 40
working hours in a week. Flex time is not allowed unless specifically requested in
advance in writing and approved by the Program Manager, monitored by the Supervisor
and used in the same pay period in which it is accrued. Exempt employees are not
eligible for Flex Time.
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6.3
Breaks
Employees are entitled to an unpaid 30-minute lunch break and two paid 15-minute
personal breaks each day, at a time agreed/arranged with the employee’s immediate
supervisor. Employees cannot work during their lunch breaks without advance
permission of their supervisor unless they are exempt employees. Non-exempt employees
who are required to work through their lunch must be compensated appropriately.
However, they cannot be required to work during their 15-minute breaks.
6.4
Tardiness
Exempt and non-exempt employees are expected to report to work on time. If an
employee has to be more than 30 minutes late, it is the employee’s responsibility to
personally contact his or her immediate supervisor no later than 30 minutes after their
shift has begun unless there is an emergency. Employees who are habitually tardy or have
a pattern of tardiness may be subject to disciplinary action. “Habitual Tardiness” means
being tardy two times in any two-week period. “A Pattern of Tardiness” means tardiness
that occurs in a regular and repeated way. Any pattern of tardiness for any reason that
occurs so frequently as to impact the operation of the Program may be addressed by the
supervisor in consultation with HR.
6.5
Absences
Employees shall plan their absences responsibly by requesting leave in advance. If an
employee has to be absent on short notice, it is the employee’s responsibility to
personally contact his or her immediate supervisor no later than 30 minutes after their
shift has begun unless there is an emergency. Failing to properly request non-emergency
leave in advance or failing to provide adequate justification following an unscheduled
absence will result in the absence being recorded as Absent Without Leave or Leave
Without Pay, at the supervisor’s discretion. Employees who have inadequate attendance
or a pattern of absences may be subject to disciplinary action. “Inadequate attendance”
means being absent twice on short notice in any 30 day period for other than Sick Leave.
“A Pattern of Absences” means absences that occur in a regular and repeated way. Any
pattern of absences for any reason that occurs so frequently as to impact the operation of
the Program may be addressed by the supervisor in consultation with HR.
6.6
Wasted Time
Employees shall not display unproductive work habits. Examples of unproductive work
habits include, but are not limited to the following: spending excessive time visiting,
talking on the telephone on personal matters, “surfing” the internet for non-work related
reasons, or promoting their private business.
6.7
Overtime
6.7.1 While the Tribes is not subject to the Fair Labor Standards Act (FLSA) the Tribes
uses the term “non-exempt” to describe those employees who are overtime
eligible and “exempt” for those employees who are not overtime eligible. The
Tribes will define whether the position is a non-exempt or exempt for purposes of
determining eligibility for overtime compensation.
6.7.2 A non-exempt employee may not work more than 40 hours per workweek without
pre-authorization in writing from the Program Manager. If non-exempt employees
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are required to work in excess of 40 hours, they will be compensated at time-anda-half their regular rate via overtime or compensatory time based on funding
availability. Leave taken within the same work week shall offset any
compensation for overtime. Example: If an employee takes ten hours of sick
leave on Monday and works ten hours on the Saturday of the same work week,
the actual hours worked are 32; as such, the employee is not entitled to overtime
pay.
6.8
Exempt Employees
Exempt employees are employees who, because of their duties and responsibilities and
level of decision-making authority, are exempt from overtime, flex, and compensatory
time. Exempt employees are expected to work their scheduled shifts that require at least a
40 hour work week in order to adequately achieve the deliverables identified in their
work load and job descriptions. All leave policies and procedures herein apply to exempt
employees.
6.8.1 The one exception when an exempt employee may be eligible for overtime pay is
when the Colville Business Council declares a ‘State of Emergency.’
6.9
Compensatory Time
Compensatory time is time off from work in lieu of overtime compensation. Like
overtime pay, compensatory time is calculated at 1.5 hours for every hour worked in
excess of 40 hours in a workweek. Exempt employees are not eligible for overtime
compensation. Compensatory time requires pre-approval. Leave taken within the same
work week shall offset any compensation for compensatory time. Example: If an
employee takes 10 hours of sick leave on Monday and works 10 hours on the Saturday of
the same work week, the actual hours worked are 32; as such, the employee is not entitled
to compensatory time/ pay.
6.10
Standby Time
Certain positions may be required to be available for work (on standby) without actually
being at work but must be accessible to report to duty within a reasonable time. The
Standby plan and approved rate must be approved by the Department Director in
conjunction with Human Resources.
7.0
BENEFITS AND COMPENSATION
The Tribes provide competitive benefits to employees as a portion of employee
compensation, including medical, vision, dental, and limited retirement and life
insurance. Supplemental life insurance, short-term disability, long-term disability, and
other optional coverage’s may be available at the employee’s expense.
7.1
Eligibility for Benefits
Eligibility for benefits is defined by benefit documents maintained in the Benefits office
and generally summarized below. Managers shall submit Separation of Employment
(SOE) forms within 3 business days of the effective date of the employee’s separation.
Benefits cease the end of the month following the effective date of the employee’s
separation.
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7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
Full-Time employees working at least 30 hours per week will be eligible for
benefits the first of the month following the date of hire.
Part-Time employees working less than 30 hours per week may receive prorated
benefits and leave. Medical benefits shall begin the first of the month following
their first day of employment.
Temporary employees are not eligible for leave but are eligible for medical and
dental coverage after 60 days of employment if they work an average of 30 hours
or more per week during the length of their employment or if coverage is required
by applicable law.
Seasonal employees working seasonal occupations may receive a prorated amount
of benefits.
Short Notice employees are not eligible for leave but they will be eligible for
medical and dental coverage after 60 days of employment if they work an average
of 30 hours or more per week during the length of their employment or if required
by applicable law.
WEX employees are not eligible for leave and medical/dental coverage during the
duration of their employment.
7.2
Medical and Vision
A comprehensive medical and vision plan is provided for each eligible employee.
Dependent coverage is available as a deduction from employee payroll. Rate information
and plan description are available in the Accounting Office, Benefits Division. Please
note there are Open Enrollment limitations.
7.3
Dental
A comprehensive dental plan is provided for each eligible employee. Dependent coverage
is available as a deduction from employee payroll. Rate information and plan description
are available in the Accounting Office, Benefits Division. Please note there are Open
Enrollment limitations.
7.4
Life Insurance
The Tribes provide life and accidental death and dismemberment benefits to each eligible
employee. This benefit is available for dependents as a deduction from employee payroll.
Voluntary life and accidental death and disability insurance companies are authorized by
the Tribes to speak with employees at designated times during the year. This additional
coverage is available at the expense of the employee.
7.5
Supplemental Life Insurance
Eligible employees may purchase supplemental life insurance on a voluntary basis for
themselves and their dependents.
7.6
Short-Term Disability
Short-term disability is available on a voluntary basis for each employee who works a
minimum of 30 hours per week. Short-term disability coverage is only available to the
employee at their expense at the time of hire. Eligibility criteria are set by the insurance
carrier. For further information, contact the Accounting Office, Benefits Division.
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7.7
Long-Term Disability
Long-term disability is available on a voluntary basis for each employee who works a
minimum of 30 hours per week. Long-term disability coverage is only available to the
employee at their expense at the time of hire. Eligibility criteria are set by the insurance
carrier. For further information, contact the Accounting Office, Benefits Division.
7.8
Retirement
A generous retirement plan is provided as part of the compensation package offered to
employees. The Tribes encourage all employees to participate in the plan through payroll
deductions. For those employees who contribute to the retirement plan through elective
deferrals, the Tribes make a basic Matching Contribution equal to 50% of the elective
deferral which does not exceed 6% of total compensation. Regardless of whether an
employee contributes to the plan or not, the Tribes contribute 3.00% through profit
sharing to each employee. Any monies contributed by the Tribes (which are considered
employer contributions) will be deposited into the employee’s 401(k) account.
Employees who elect to make deferrals can choose between a pretax 401(k) and after-tax
Roth 401(k) account. Additional information about the Tribes’ retirement plan is
available through the Retirement Program.
To determine your Vested Interest: In determining the Vested Interest in your Account, you
will be credited with a Year of Service if you complete 1,000 Hours of Service within a 12consecutive month vesting computation period, which is the Plan Year.
Years of Service Vested Interest
1 . . . . . . . . . . . . . 20%
2………………..40%
3………………..60%
4………………..80%
5………………..100%
7.9
Education and Training
The goal of the Tribes is to employ properly trained and fully qualified Colville Tribal
members for all positions with the Tribal governance operations. Training is a benefit the
Tribes provides to its employees intended to improve production and service. Employees
must remain abreast of new technology, research, theories and application skills to
provide quality services and as resources allow will participate in relevant training.
Training, career development and educational opportunities for employees is not an
entitlement but a discretionary benefit that responds first to those we serve, to the Tribal
Government, and then to the individual employee.
7.9.1 Tribal Administration and Managers will provide training and education
opportunities in an effective, fair and fiscally responsible manner, including
utilizing Paycom for training. Individuals who participate in training and
education programs will represent the Tribes with integrity and will make
progressive efforts toward completing training and academic programs in a timely
and satisfactory manner and be mindful of their responsibility to use Tribal
funding and time invested in their training plan for only those purposes (See
Salary Policy enacted 2015, per Resolution 2015-153 for additional information).
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7.9.2
Training and education opportunities are available to all eligible employees of the
Tribes who meet the criteria specified herein. Indian Preference in hiring,
promotion and training applies with preference given to Colville Tribal members.
Participants must have written Goals that are inputted in Paycom to be eligible for
either academic or other training programs and meet program-specific criteria as
determined by the program requirements. Program-specific criteria may apply as
required by grant or contract.
7.9.3 The Tribes will invest in its employees to the extent there is a return. Planning
individual or program training, whether for a short-term training (seminar,
conference, workshop, webinar, core technical training, etc.) or a longer-term
training plan (college degree, work experience, internship, academy, succession &
leadership training, etc.) is effective when the overall benefit of the training
activity to the Tribes is considered. Employees must obtain approval to attend a
training and/or education activity/program from their immediate supervisor with
Program Manager and Department Director approval for off-reservation travel
and use of program funds. Subsequently the Department Director will approve
Program Manager training/education and the Executive Director or designee will
approve the Department Director’s requests. All training and education requests
must consider the following to be approved:
(a) Training must be clearly relevant to the employee’s job duties and
skill/education level and experience.
(b) Training must be cost effective and managers must consider its impact on the
job responsibilities, time away from the work site and on co-worker
workload. All training is subject to the availability of funding.
(c) Training must support goal(s) and required competency.
(d) The employee must meet standard eligibility requirements to be approved.
(e) Locally-sponsored or regional training is preferred to out-of-state training to
the greatest extent possible to maximize funding and to train the greatest
number of employees with similar goals. The Tribes may elect to bring the
training to the reservation in lieu of off-reservation training.
(f) If there is a local trainer or “expert” within the Tribal or affiliated tribal
agencies who can provide the same information, the manager is to
recommend and/or arrange for technical assistance and local training using
local Tribal trainers.
(g) Sending multiple staff to attend the same training activity is discouraged and
must be clearly justified in writing to the Manager and/or Director.
(h) Managers may not approve training requests where the employee’s skill or
education level exceeds the level of the training (i.e. basic training or similar
training has already been attended).
(i) A trained and competent employee is worth being retained and adequately
compensated as they complete their training plan. A reasonable expectation
by the Tribes is that an employee trained by the Tribes is also expected to
continue employment with the Tribes for a reasonable period of time
(payback period). For certain types of training, an Agreement may be
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required that requires continued service to the Tribes in return for the training
expense incurred by the Tribes.
(j) Employees are expected to represent the Tribes with integrity and will be
required to sign an Education & Training Standards of Conduct form.
7.9.4 Training and Education Terminology: For the purpose of these policies,
“Training” activities and programs include:
(a) Short-term training for employment-related skill development and training;
cultural enrichment, personal and professional development through
classroom instruction, on-line instruction, seminars, workshops, webinars,
technical assistance and training conferences, on the job training, etc.
(b) Long-term training may include work experience, internships, succession
training, certification or licensing programs, pre-requisite courses, academy
completion; vocational and technical series certificated courses.
(c) “Educational” activities and programs include enrollment in a degreed
program of study from an accredited post-secondary institution and includes
coursework (distant learning, video conferencing, local or non-local
classroom sites, online, laboratory work), practicum, professional continuing
education, or a language emersion program.
7.9.5 The Tribes will allow up to 80 hours of paid educational leave per calendar year
for full time permanent, part-time permanent or seasonal permanent employees to
fulfill the educational goals of their Employee Development Plan. The employee
will complete the Education Leave Request Form and secure approval from
his/her program Manager.
7.9.6 The Tribes supports employee participation in Tribal language, history and
diversity training regardless of their ethnicity, race, Tribal affiliation or position.
When training is available, employees may participate in or attend up to four
hours per month up to a total of 48 hours annually of organized training or
education activities related to the Colville Tribes. The employee is responsible for
providing documentation of their attendance and participation. Supervisor
approval is required and will ensure there is no adverse impact on program
business and services.
7.9.7 Professional Certifications
(a) Professional certifications may be required for certain positions with the
Tribes and demonstrate employee qualifications and mastery of particular
subject areas. Employees with professional certification and licensing
requirements will make arrangements with their supervisor to continue their
certification and licensure whether costs are borne by the Tribes or by the
employee. In no case will an employee with required Professional
Certification or License allow their license or certification to expire as it
may result in termination from employment. Employees are responsible to
pass required exams and obtain their required certification within the time
specified. Failure to do so may result in termination.
(b) Employees are encouraged to obtain and maintain additional relevant
professional certifications as part of their Employee Development Plan
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when it can be demonstrated that these certifications are in the best interest
of quality service, the government and the program.
(c) Employees must ensure they meet the requirements for continuing education
hours/units as required by their profession.
(d) An employee may, upon the written approval of the Program Manager, be
allowed a reasonable period of paid leave not to exceed 40 hours to prepare
for an examination or entrance exam reasonably related to the employee’s
current position.
(e) Employees who fraudulently misrepresent their credentials, educational
degrees, licensing or certifications may be subject to discipline, up to and
including termination.
7.9.8 The Human Resource office will maintain these documents, as applicable in the
employee personnel file: Employee Goals, copies of training certificates, the
Employee Education Funding Acceptance Agreement, signed Education and
Training Standards of Conduct (and annual renewals), copies of Professional
Certificates, licensure and other documents that documents the completion of
education and training objectives. Employees must provide a copy of their
training certificates, grades, diplomas, certificates, license, and other documents
related to training and education agreements.
7.9.9 Employees who complete their Employee Goals may be eligible for a step
increase. Employees who receive training paid for by the Tribes may be required
to sign an agreement that they will maintain their employment with the Tribe for a
specific time period following receiving the training, or will be required to repay
the Tribe for the expense of their training.
8.0
LEADERSHIP AND MANAGEMENT TRAINING (SUCCESSION PLANNING)
Reserved for creation of a separate policy
9.0
EMPLOYEE DISCIPLINE
9.1
Disciplinary Actions
9.1.1 The Tribes prefers to use good management and fair supervision to support its
employees. When disciplinary action is necessary, the Tribes generally, but not
always, depending on the circumstances, encourages the use of progressive
discipline tools, beginning with a verbal warning, moving to written warning, then
suspension, demotion, and termination. Supervisors are expected to implement
discipline that is appropriate for the situation, including immediate dismissal.
9.1.2 All disciplinary measures must be documented and documentation placed in the
employee’s personnel file and will be removed after one year if no other adverse
disciplinary actions have occurred. After 6 months, an employee may petition to
have a disciplinary action removed from their file, after demonstrating they have
no other adverse disciplinary actions, have complied with any requirements of
their disciplinary action, and any other relevant factors. Documentation of
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disciplinary actions for serious misconduct, which includes but not limited to
sexual harassment, assault, theft from the Tribes, fraud, or embezzlement will not
be removed from an employee’s personnel file.
9.2
Addressing Possible Misconduct.
9.2.1 Investigating Possible Misconduct, See Definitions
When concerns about possible misconduct arise, it is imperative that the
allegations are investigated and addressed. Supervisors must contact Human
Resources to initiate an investigation. Investigations will be conducted by Human
Resources, as follows:
(a) Document the concern or allegation.
(b) Determine if the alleged misconduct, if determined to be true, is in fact a
violation of policy.
(c) Notify the employee, in writing, with a summary of the concern or
allegation; a copy of what is provided must be maintained.
(d) Interview all potential witnesses and utilize all reasonably relevant resources
(e) Provide the employee the opportunity to answer to the allegations, provide
documentation, and allow the employee to timely respond in writing by a
specific date.
(f) Human Resources will complete an investigative report and provide to the
supervisor.
(g) The supervisor will consult with HR on appropriate disciplinary actions.
(h) If disciplinary action is warranted, the supervisor will draft the
recommended forms to complete disciplinary action and sending these to
Human Resources for review. Disciplinary actions must be reviewed by HR
before issuing notice to the employee.
9.2.2 Misconduct Investigation Involving criminal violations
In cases where the misconduct involves criminal violations, a report must be
forwarded to the appropriate enforcement authorities.
9.3
Progressive Discipline and Supervisor Discretion Regarding Disciplinary Action
Supervisors are encouraged to use progressive discipline when possible. However, in
some workplace incidents progressive discipline may not be appropriate. In such cases
the supervisor may elevate the level of discipline up to termination.
9.3.1 Verbal Warning
Verbal warnings are typically given for first time incidents such as, but not
limited to employee tardiness, minor instances of non-productive work hours,
unauthorized absence during work day, minor unprofessional behavior instances,
failure to complete assigned duties, inadequate quality of work, failure to obtain
advance approval before working extra hours, misrepresentation, and failure to
contact immediate supervisor with leave request when supervisor is available to
consider request. A verbal warning notifies the employee of his or her
unacceptable behavior and encourages the employee to improve to acceptable
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standards. Verbal warnings should be documented by the immediate supervisor
for progressive discipline purposes.
9.3.2 Written Warning
Typically, for a second occurrence of the behavior addressed by a verbal warning,
or for more serious first offenses, the supervisor may issue a written warning, or
take more serious measures. A written warning notifies the employee of his or her
unacceptable behavior and encourages the employee to improve to acceptable
standards. Written warnings are documented through the Employee Warning
Notice form. The completed originals and all supporting documentation must be
submitted to Human Resources.
9.3.3 Suspension Without Pay
Typically a suspension without pay is used by a supervisor to address more
serious workplace behaviors or behaviors which have been addressed, but not
corrected, by the employee. The duration of a suspension will depend upon the
severity of the violation, but shall be for a minimum of three to a maximum of 10
workdays or shifts, subject to the discretion of the supervisor. Suspensions are
documented on a Suspension Notice form. The completed originals and all
supporting documentation must be submitted to Human Resources.
9.3.4 Demotions
Demotions may occur as a result of poor employee performance, unsatisfactory
attendance, prior disciplinary actions, and at times an employee-desired reduction
in responsibility. Demotions are not required to be implemented rather than more
serious discipline.
(a) Managers are responsible for determining if a demotion can truly achieve
the desired purpose, considering, among other factors, whether the demotion
will satisfactorily solve the issue for which the demotion is being
considered, and whether there is a vacant position no more than one skill
grade below the employee’s current position to which the employee can be
demoted. If an employee requests a demotion under these circumstances, the
employee may be demoted to a position a number of steps below the
employee’s current position.
(b) In all cases the employee shall meet the minimum requirements of the lesser
position. In cases of demotions related to unsatisfactory performance and/or
attendance, at least two written notifications identifying necessary
improvements in performance must be provided to the employee prior to
implementing a demotion; however, gross negligence or inefficiency in job
performance does not require any previous written notifications prior to a
demotion. Self-demotions must be mutually agreed upon by the employee
and the Tribes, and the demotion must be in the best interest of the Tribes.
(c) When the above criteria are met, an employee may be demoted to a lower
pay grade. It is recommended that the compensation for the demoted
employee take into account the employee’s experience, the requirements of
the position, and any applicable budgetary constraints. In no event shall an
employee's salary rate be reduced to less than the minimum rate or the
special entry rate for the applicable pay grade of the position.
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9.3.5
Dismissal
(a) Progressive Discipline. An employee may be dismissed if they have failed
to correct their behavior despite documented progressive disciplinary
actions. This may include the employee repeats the same misconduct or
engages in other misconduct of a serious nature, including but not limited to
a pattern of tardiness or absences, acting or failing to act in a way that
endangers the health and safety of the workplace or the health and safety of
others in the workplace, or violating safety rules.
(b) Poor Job Performance. An employee may be dismissed if they receive an
unsatisfactory job appraisal on two consecutive performance evaluations.
(c) Immediate Dismissal. In some cases immediate dismissal may be
appropriate. This decision is within the supervisor’s discretion, in
consultation with Human Resources. Depending on severity, causes for
immediate dismissal include, but are not limited to:
(1) Misappropriation, theft or negligent loss of tribal funds, property, or
equipment, or conspiracy to commit misappropriation or theft;
(2) Failure to reasonably protect tribal assets, property or equipment;
(3) Violation of the conflict of interest, misuse of position, or nepotism
policy;
(4) Violation of the harassment policy;
(5) Criminal conviction that negatively impacts the employee’s fitness for
the position held;
(6) Extremely unsafe acts endangering oneself or others in the workplace;
(7) Concealing, removing, falsifying, misrepresenting records or
information, or unauthorized altering of records or information;
(8) Insubordination;
(9) Disclosing confidential information without appropriate authorization;
(10) Absent Without Leave or unauthorized absence from work for three
consecutive days or shifts;
(11) Serious verbal assault upon another employee or another person in the
workplace;
(12) Serious misuse or unauthorized use of tribal or government vehicles,
property, or equipment;
(13) Viewing, printing, or storing pornography on Tribal equipment or use
of Tribal equipment to access, send, or show pornography;
(14) Threatening another person with bodily harm or displaying
extraordinary aggressive behavior that is threatening in nature;
(15) Dishonesty or misrepresentation to a supervisor, an administrator
higher up the chain of command, or to the Colville Business Council
regarding a workplace matter;
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9.3.6
(16) Failure to comply with the a Corrective Action Plan, Return to Work
Agreement, Work from Home Agreement, or Mandatory Referral to
the Employee Assistance Program;
(17) Willfully and intentionally refuse to follow a lawful written directive
or resolution of the Council;
(18) Willfully attempt to conceal from Council information regarding a
matter of importance to the Tribes;
(19) Off the clock or off-duty behavior which significantly compromises
the Tribes’ confidence in the employee; or,
(20) Any other offense deemed terminable by the employee’s supervisor,
Human Resources, and the Division Director or Executive Director.
(d) Documentation & Processing of Separation of Employment. Dismissals
must be documented on the ‘Employee Dismissal Form.’ The completed
originals and all supporting documentation must be submitted to Human
Resources within one (1) work week. The separation of employment due to
dismissal will be handled pursuant to section 4.13.
Additional Disciplinary Options
Upon determining that an employee has engaged in repeated misconduct or has
failed to perform required work duties, after issuing a written warning, , a
supervisor may use one of the following to address the situation, short of
immediate dismissal.
(a) Corrective Action Plan. A Corrective Action Plan (CAP) is a written
document that sets out in detail the misconduct or performance issue(s), the
measurable improvement in performance required, and timelines for
achieving that improvement. The CAP will specify that a failure to achieve
the necessary improvement by the timelines may result in dismissal. A
dismissal after failure to comply with the provisions of a signed CAP is not
subject to the grievance/appeal process. A CAP may be in place for a
period of time up to 1 year.
(b) Mandatory Referral to an Employee Assistance Program or Similar
Resource. The Tribes offers an Employee Assistance Program (EAP) that
provides confidential behavioral health services to employees experiencing
a variety of personal challenges. If a supervisor, after speaking with an
employee who has committed an act of misconduct, believes that referral to
the EAP would be an appropriate step, the supervisor may make a
mandatory referral to the EAP or a Similar Resource; a referral may include
requirements that an employee comply with any treatment
recommendations. Supervisors must consult with HR regarding how to
make such a referral. A termination based on a failure to comply with the
mandatory referral and/or recommendations from the referral are not subject
to the grievance/appeal process.
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10.0
COMPLAINTS, GRIEVANCES, AND APPEALS
10.1
Complaint Process, see Definitions
The Tribes’ Complaint process provides a way to address workplace issues or disputes
that do not fall under the Grievance and Appeals process of this Policy. Such complaints
will be handled in accordance with section 1.3.4 of this EPM, requiring that employees
follow and exhaust their chain of command, prior to engaging in the formal HR
complaint process.
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
The first step in the Complaint process is the filing of a completed Complaint
Form with Human Resources. Complaints must be current in origin in that they
are filed within one (1) work week from the date upon which the employee has
exhausted their chain of command.
Human Resources will receive all written complaints on its Complaint Form and
the Employee Relations Manager will review the Complaint within three (3)
business day of its receipt. The Employee Relations Manager shall make an
initial determination whether an investigation is needed, based upon: 1)whether
the employee has exhausted their chain of command; 2) whether the complaint
alleges violations of the EPM; and, 3) whether, if the allegations contained in
the complaint were true, would it amount to an EPM violation. In the event a
determination is made that an investigation is not warranted, the reasons must
be clearly documented and provided to the complainant within one (1) work
week.
An investigation will begin within one (1) work week of HR’s receipt of the
Complaint and will be conducted in a strictly confidential manner and may not
be discussed with anyone outside the process. The subject of the compliant
shall be provided with a written document that summarizes the complaint; a
copy of what is provided must be maintained by the investigator for
documentation purposes.
Investigations will be completed within two (2) work weeks of HR’s receipt of
the Complaint. If this is not possible, the complainant will be notified in writing.
Employees who refuse to participate or otherwise cooperate with an HR
investigation may be subject to disciplinary action.
After the investigation is completed, a report will be generated, including the
EPM violations, interviews conducted, documentation/evidence consulted and
findings of the investigator. In the event disciplinary or other employment
action is recommended, the report will be forwarded to the Program Manager(s)
for determination of next steps, in consultation with Human Resources.
10.1.6 (a) The details of the investigation and the findings cannot be shared
with the complaining party. All that can be provided is an
acknowledgment that the complaint has been received and the
process has been followed.
10.1.6 (b) A complaint summary will be provided to the subject; the
summary shall include the allegations, a summary of the
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investigation including information received/consulted and the
findings of the investigator.
10.2
Grievance and Appeal Process Generally, See definitions
10.2.1 The procedures outlined below describe how grievances and appeals are resolved.
The Human Resources Department is available to provide employee consultation
or assistance at any time prior to or during the grievance and appeal process.
Training and support will be provided to supervisors and managers in dealing
with employee grievances and appeals.
10.2.2 The Grievance and Appeal Process is available only to Tribal employees who:
(a) are a full time, part time, or seasonal employee; and
(b) have been dismissed (with a right to appeal), suspended without pay, or who
have been involuntarily demoted as a disciplinary measure that results in
less compensation —no other employment actions may be grieved or
appealed;
10.2.3 The Grievance and Appeal Process contains strict deadlines that must be
followed. Employees must complete and deliver certain forms by certain dates
as described herein. Forms are available in Human Resources. A failure to meet
certain deadlines will result in the employee’s loss of opportunity to start or
pursue a grievance or appeal. Extenuating circumstances, such as employee
leave that impacts the ability to complete the process within the proscribed
timelines shall be taken into consideration; notice to the grievant must be
provided if the time lines cannot be followed.
10.3
Grievance Process
10.3.1 The first step in the Grievance process is the filing of a completed Grievance
Form with Human Resources within one (1) work week of the event being
grieved.
10.3.2 Within one (1) work week of Human Resource’s receipt of the Grievance, the
Department Director will meet with the employee’s Program Manager to discuss
this matter. If the Department Director made the decision being grieved, the
Executive Director will take his or her place in the Grievance Process. If the
Executive Director made the decision being grieved, the employee may proceed
directly to the Appeal Process.
10.3.3 Within one (1) work week of the Department Director and Program Manager
meeting, the employee and those in his or her chain of command, including the
Department Director, will meet to discuss the matter. This meeting will be
informal and an opportunity for the employee and their chain of command to
discuss the matter in an open setting. In particular, the employee will be given the
opportunity to show why some lesser discipline, or no disciple, was warranted. It
shall be the discretion of the Director whether to hold separate meetings between
the employee and their chain of command, in the event a ‘group’ meeting is not
feasible or appropriate given the circumstances.
10.3.4 Within one (1) work week of the meeting described immediately above, the
Department Director shall issue a written decision regarding the grievance. The
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decision will be mailed to the employees last known address via certified mail or
will be provided to the employee upon their request once the decision is issued.
10.3.5 If the employee disagrees with the Department Director’s decision, the employee
must initiate an appeal by following the Appeal Process set forth below in section
10.4.
10.4
Appeal Process- Administrative Law Judge (ALJ)
Employment appeals will be heard by an Administrative Law Judge (ALJ)
10.4.1 Initiation of Appeal
(a) An employee may appeal the Department Director’s decision regarding
his/her grievance by filing a completed ‘Appeal Form’ with Human
Resources within two (2) work weeks after the decision following the
meeting described in section 10.3.3(b).
(b) Within one (1) work week of receiving the ‘Appeal Form,’ Human
Resources will forward the paperwork to an Administrative Law Judge
(ALJ).
(c) An Administrative Law Judge will be selected from a panel of ALJ’s
retained by the Tribe for the purpose of hearing Employee Appeals. All
ALJ’s shall be law-trained, and admitted to practice in the State of
Washington or other court of competent jurisdiction.
(d) An employee may withdraw an appeal at any time by submitting their
written withdrawal to Human Resources. Once withdrawn, the decision will
remain as defined by prior actions and the process cannot be restarted for
the same action.
10.4.2 Pre Hearing Conference
(a) Within two (2) work weeks of receiving the case, the ALJ must schedule a
Pre-Hearing Conference on the matter.
(b) The purpose of the Pre-Hearing Conference is to:
(1) Allow the parties to make any requests for documents; and,
(2) Set a date for the Appeal Hearing; all Hearings must be set within 30
days of the Pre-Hearing Conference.
10.4.3 Hearing
(a) Both parties must deliver a list of witnesses and copies of all documents
relevant to the matter they plan to present at the Hearing at least one (1)
work week prior to the hearing to the Human Resources employee
facilitating the hearing. The Facilitator will then makes copies of all
documents for the hearing. The Facilitator will then deliver the lists to each
party.
(b) The hearing will be closed and confidential. The employee may be
represented by an attorney or spokesperson at the hearing. The Tribes may
- 48 -
(c)
(d)
(e)
(f)
10.4.4
be represented by a Spokesperson or at the Executive Director’s discretion,
an attorney. Prior to the hearing date, either party must notify the ALJ and
the opposing party if an attorney or spokesperson will be representing them.
All proceedings will be recorded and either party may obtain a copy of the
recording at his/her own expense. No formal rules of evidence will be
utilized, unless by agreement of the parties.
Each party may make an opening statement, the purpose of which is to give
the ALJ a brief overview of the party’s case to be presented. The employee
will be given the first opportunity to make a brief statement and each party
will have up to 15 minutes to speak.
After opening statements, if any, have been given, each party beginning
with the employee will present its information, documents and witnesses to
the ALJ. The ALJ may ask questions of anyone, including the employee.
After each party has presented its information, each will be given an
opportunity to make a closing statement, with the employee going first. The
purpose of the closing statement is to present the ALJ a brief summary of
the important aspects of their case and to clarify what the party is seeking
form the ALJ. Each party will have up to 15 minutes for their closing
statement.
Decision of the ALJ
(a) The ALJ shall evaluate the evidence offered at the Hearing and apply the
rules and expectations of the workplace as set forth in this Employee Policy
Manual and other relevant tribal policies, as well as the Colville Tribal
Code, and any other applicable law or policies, to reach a decision in the
matter.
(b) The ALJ may only consider evidence presented at the Hearing when
reaching its decision.
(c) The ALJ shall issue a decision based on clear and convincing evidence
within 10 business days indicating one of the following:
1)
Upholding the employment action;
2)
Order reinstatement;
3)
Payment of back pay and benefits, less any unemployment
benefits; and/or,
4)
Removal of all documents in the employee’s personnel file related
to this personnel action.
(d) The Executive Director shall ensure that the decision of the ALJ is carried
out.
(e) The ALJ’s decision is final and may not be appealed by either party.
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11.0
DRUG AND ALCOHOL POLICY
11.1
Applicability of Drug and Alcohol Policy
11.1.1 This policy is applicable to all employees. Independent contractors and their
employees who work for the Tribes may be subject to this policy through their
contracts with the Tribes, if the Executive Director, after consultation with
appropriate department directors and/or program managers, determines that it is
in the interest of public health or safety to do so.
11.1.2 All employees are required to warrant in writing that they have been informed
of this Drug and Alcohol Policy and agree to it in all respects. Such agreement
is required as a condition of continued employment. The writing will be made a
part of the employee’s personnel file.
11.1.3 Individual programs may have additional drug and alcohol policies as a
requirement of funding and/or regulatory requirements, that employees are
required to follow, in addition to the Policy proscribed herein.
11.2
Prohibition of Drugs & Alcohol in the Workplace
11.2.1 The use of intoxicants or being intoxicated while on paid status or during
approved breaks is strictly prohibited. Any drug test that results in a positive
will be sent for further laboratory testing to ensure the validity of the test and to
determine if any use is consistent with prescriptions provided.
11.2.2 Employees are prohibited from lawfully or unlawfully manufacturing, selling,
purchasing, transferring, possessing, or using intoxicants in the workplace, and
may be immediately terminated for doing so. Disciplinary action may also
include up to 10 working days’ suspension from employment and signing a
Return to Work Agreement prior to returning to work. The Return to Work
Agreement must include a requirement for an assessment and treatment plan
that may include participation in a rehabilitation program and successfully
passing follow up testing. A second positive drug or alcohol test will result in
dismissal and cannot be grieved or appealed.
11.2.3 Employees who are convicted of criminal drug or alcohol violations must report
this to their supervisor and Human Resources within five calendar days of the
conviction. Failure to do so may result in disciplinary action. Supervisors shall
notify their chain of command and consult with Human Resources regarding
employees who report convictions.
11.3
Safety Sensitive Positions
11.3.1 All candidates for employment in Safety Sensitive positions or returning
seasonal employees in Safety Sensitive positions are subject to pre-employment
or return-to-employment drug and alcohol testing. Employees in Safety
Sensitive positions are subject to random drug and alcohol testing.
11.3.2 As part of the interview and screening process the Human Resources Office will
inform all candidates for Safety Sensitive positions that a pre-employment drug
and alcohol test will be required. If the test results are positive, the candidate
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11.3.3
will be immediately dismissed from the applicant pool without appeal and may
not apply for another position for at least 30 days.
Random tests will occur during work hours and no employee will be required to
take leave for the test. Safety sensitive employees who produce positive drug
tests during the course of employment are subject to disciplinary action, up to
and including termination.
11.4.
Post-Accident Drug Test
If the employee is involved in an accident while at work which injures the employee,
another person, or property, the employee will be subject to immediate drug and alcohol
testing. Supervisors must contact Human Resources to arrange for testing. The employee
cannot drive until released by Human Resources and until then must be transported by
supervisor or designee. If the test results are positive, the employee will be subject to
disciplinary action, up to and including dismissal.
11.5.
Reasonable Suspicion Drug Tests
11.5.1 If an employee has a reasonable suspicion that another employee in the
workplace is intoxicated, the employee shall report this in writing to the
suspected employee’s direct supervisor. The direct supervisor shall immediately
speak with and observe the employee reported as being intoxicated and shall
reasonably ascertain whether the employee exhibits signs of being under the
influence of drugs or alcohol. If the supervisor reasonably determines that
employee appears to exhibit such signs, the supervisor shall immediately order a
drug test for the employee as appropriate, or the manager shall be subject to
disciplinary action. Supervisors must contact Human Resources to arrange for
testing. The employee cannot drive until released by Human Resources and
until then must be transported by supervisor or designee. Supervisors and
employees are encouraged to consult with Human Resources when questions or
concerns arise.
11.5.2 Supervisors are mandated to receive annual Reasonable Suspicion training.
11.6
Altering and Evading Drug Tests
If the Tribes determines that a test sample has been altered or diluted or in any way
tampered with by the employee, the employee shall be determined to have tested positive.
If an employee refuses or evades a drug or alcohol test required by these policies, the
employee shall be determined to have tested positive. Employees must complete the drug
and alcohol test within the timeframes specified. The results of all drug tests will be
available only to those who need to know.
11.7
Right to Retest
Any employee whose drug test indicates a positive result may immediately request that
the initial sample be retested; this retest will be done at the employee’s expense. If the
retest is a confirmed negative the matter will be treated as if the employee had tested
negatively in the initial sample.
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11.8
Religious Use of Intoxicants
Regarding religious use, employees are expected to refrain from using or being under the
influence of these substances while on paid status. In the event that an employee who is
directed to take a drug test pursuant to these policies and procedures reasonably believes,
because of the religious use of an intoxicant, that he or she might be determined to test
positive in a drug test, the employee will immediately inform his or her immediate
supervisor. The immediate supervisor will approve leave (as appropriate) for the
employee for that day; however, the employee will still be required to undergo drug
testing before leaving the work.
11.9
Prescribed Drugs
An employee who is prescribed drugs for medical or psychological purposes is required
to immediately report to supervisors and Human Resources if any side effects of the
prescription may limit or affect work performance, motor skills or cognitive abilities,
including a physical abilities form.
11.10 Definitions
11.10.1 “Approved Medical Use” means the proper use of a substance consistent with a
prescription issued by a health care professional and used only by the person for
whom the prescription is prescribed.
11.10.2 “Controlled substance” has the same meaning as contained in Colville Tribal
Code, Section 3-1-175(b).
11.10.3 “Intoxicant” means:
(a) A substance listed as a scheduled drug under Colville Tribal Code,
Sections 3-1-176 and 3-1-177;
(b) Alcohol in any form designed for human consumption (including cough
suppressants and inhalants) and marijuana; and
(b) Any drug obtained pursuant to a legitimate prescription issued by a
medical professional.
11.10.4 “Intoxication” or “Intoxicated” means that as a result of the use of an
intoxicant, the employee is mentally or physically impaired.
11.10.5 “Religious use” means the use of a substance pursuant to a recognized Native
American religious practice.
11.10.6 “Safety sensitive employee” means those in positions which require a
Commercial Driver’s License; law enforcement personnel who carry fire arms;
correction employees; emergency responders; employees who work with
vulnerable populations, and heavy equipment operators. Whether a specific
position is “safety sensitive” will be determined on a case-by-case basis by the
Human Resources Office in consultation with the individual Program.
11.10.7 “Worksite” and “workplace” mean:
(a) The offices of the Tribes or assigned work stations, including rented
meeting sites for conferences attended as part of the employee job;
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(b)
(c)
Any vehicle provided by the Tribes, whether rented, leased, or purchased
which shall also include an employee’s personal vehicle used in the course
of the employee’s work or when mileage is claimed for such use); and
Off-reservation sites where employees are representing the Tribes,
working pursuant to a contract with the Tribes, or the employee’s home
when the employee is on “standby” and receiving pay.
12.0
WHISTLEBLOWER PROTECTIONS
12.1
General
A Whistleblower is an employee of the Tribes who reports or takes the following actions:
12.1.1 Discloses Violation of Law. Discloses, threatens to disclose or is about to
disclose to a supervisor or to a public body or official, an activity, policy or
practice of the employer, a co-employee or another employer, that the employee
reasonably believes is in violation of a law, or a rule or regulation promulgated
pursuant to law, or, in the case of an employee who is a licensed or certified
health care professional, reasonably believes constitutes improper quality of
patient care.
12.1.2 Provides Information to Official Proceeding. Provides information to, or
testifies before, any public body or tribunal conducting an investigation, hearing
or inquiry into any violation of law, or a rule or regulation promulgated
pursuant to law by the employer or another employer, or, in the case of an
employee who is a licensed or certified health care professional, provides
information to, or testifies before, any public body conducting an investigation,
hearing or inquiry into the quality of patient care.
12.1.3 Discloses Incompatibility with Policy. Discloses, threatens to disclose or is
about to disclose to a supervisor or to a public body or official, an activity,
policy or practice of the employer, a co-employee or another employer, that the
employee reasonably believes is incompatible with a clear mandate of public
policy concerning the public health, safety or welfare or protection of the
environment.
12.1.4 Assists Official Proceeding. Assists or participates in a proceeding to enforce
the provisions of this law or any other official proceeding.
12.1.5 Objects to Violating Process. Objects to, opposes or refuses to participate in
any activity, policy or practice that the employee reasonably believes:
(a) Is in violation of a law, or a rule or regulation promulgated pursuant to law
or, if the employee is a licensed or certified health care professional,
constitutes improper quality of patient care;
(b) Is fraudulent or criminal; or,
(c) Is incompatible with a clear mandate of public policy concerning the public
health, safety or welfare, or the protection of the environment.
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12.2
Procedural Requirements and Remedies
12.2.1 The Executive Director shall receive all whistleblower complaints and must
consult with the ORA on the appropriate investigative body/ person to conduct
the investigation.
12.2.2 Employees are not excused from continuing to perform their jobs or follow their
company's legitimate workplace rules because they have filed a complaint.
12. 3 Retaliation
Any employee of the Tribes is prohibited from taking any retaliatory action against
another employee because that employee filed a whistleblower complaint or took action
as a whistleblower as outlined in Section 12.1.
12.3.1
12.3.2
13.0
Examples of retaliation include, but are not limited to employment actions such
as unwarranted termination, refusal to hire, and denial of promotion. Other
actions affecting employment such as threats, unjustified negative evaluations,
unjustified negative references, or increased surveillance.
Any employee who believes he or she has been retaliated against by any tribal
employee as a result of “whistle blowing” shall report the retaliation in writing
to the Executive Director, or to the Colville Business Council if the person
alleged to have retaliated is the Executive Director. An investigation shall be
completed in a timely manner. As a result of the investigation, appropriate
disciplinary action, up to and including dismissal may be taken.
EMERGENCY CLOSURES
13.0.1
13.0.2
13.0.3
13.0.4
During inclement weather and other emergency situations at Lucy F. Covington,
Government Center or other tribal government satellite offices, the threat to the
safety of employees and the community will determine whether offices are
closed. In most instances tribal offices will remain open and operate normally to
the greatest extent possible.
Decisions to simultaneously close all or most Tribal government offices because
of dangerous weather conditions or other serious emergencies will be made by
the Executive Director or designee. Prior consultation with the Public Safety
Director must occur unless the seriousness of the situation requires an
immediate action.
Decisions to temporarily close individual Tribal government offices based on
isolated and likely temporary non-emergency situations, such as power outages
or water shut-offs projected to last more than one hour, or outages/shut-offs
which have lasted more than an hour, may be made by the Division Director in
consultation with the affected Program Managers.
All closures made under this provision will be communicated immediately to all
affected employees in person or on the Tribe’s website and via e-mail or phone
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13.0.5
13.0.6
13.0.7
13.0.8
if possible. All affected employees will be informed of the expected date and
time of reopening of offices as soon as this is determined.
When the Executive Director directs employees not to report to work, delay
coming to work, or leave early, employees will not be charged leave unless their
time off was already scheduled and approved.
Employees not at their workstations due to emergency closures are expected to
be accessible and responsive to their supervisors as needed during their
regularly scheduled work hours if reasonably possible. Supervisors may require
that employees check and respond to email and voicemail regularly, and may
expect that assigned work that can be accomplished remotely is completed on
time regardless of emergency cancellations. Likewise, supervisors may make
reasonable adjustments to be able to continue essential program operations,
including holding meetings by teleconference and handling normal business by
email, and employees who would normally be present at work may be required
to participate.
Operations including public safety and other critical services may be required to
continue even in severe weather or during other circumstances when other
Tribal government offices close.
The Tribes through its Division Directors may designate certain positions as
“Essential” if their job functions are necessary or potentially necessary to
conduct the tribal government’s business, even when some or all government
programs are not operating normally. Employees in positions designated as
Essential will be notified of this designation upon hire or immediately after the
designation is made. They are typically expected to report to or remain at work
when the Tribe has a delayed opening, early release, or closure unless there is
an imminent threat to their health and safety and their positions do not require
responding to this threat.
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14.0
Definitions
A
Abandonment of Job: Employee’s failure to report to work or personally contact immediate
supervisor for three complete and consecutive employee work shifts or days.
Absent Without Leave (AWOL): Failing to report for work on time on the day of denied leave, or
failing to report for work and do not call within 30 minutes hour after their shift begins, or who abandon
their work station for the remainder of their shift without the approval of their immediate\ supervisor.
Address of Record: Payroll and Human Resources’ last known address for a current or former
employee of the Colville Tribes as stated on the most recent W-4.
Administrative Leave: Paid or unpaid leave granted by the Executive Director for health and safety
reasons to affected employees only; for Business Council-sanctioned events, or, for an employee related
to personnel matters.
Advertisement: Job announcements and postings necessary to recruit for vacant positions
Americans with Disability Act (ADA): Federal law that requires reasonable accommodations for
disabled workers and protects them from discrimination due to their disability. The ADA does not apply
to Federally Recognized Tribes. The Colville Tribes exercises discretion on compliance with this act.
Appeal: Due process providing the opportunity for a hearing in front of an Administrative Law Judge
for a full-time permanent, part-time permanent or seasonal employee to challenge the a grievance
decision
Appellant: Person initiating an appeal from a grievance decision in a personnel matter.
Authorization: Official approval or permission by a person with the authority to do so.
B
Bereavement Leave: Paid time off to attend or participate in the funeral of an employee’s immediate
family, other relative, co-worker or other individuals.
Break Time: 15 minute intervals of paid absence taken mid-morning and mid-afternoon.
C
Calendar Year: January 01 to December 31.
Chain of Command: The administrative line of established authority from immediate supervisor to
the Executive Director, or, if the employee is directly supervised by a Colville Business Committee, the
chair of that committee.
Co-Worker: A currently employed fellow worker.
Colville Business Council (CBC): Elected Governing body of the Confederated Tribes of the Colville
Reservation.
Colville Tribes: The Confederated Tribes of the Colville Reservation.
Compensatory Time: Pre-approved time to be absent from duty station to compensate non-exempt
employees for pre-approved work hours which exceed the usual and regular work week for their job.
Compensatory time for non-exempt employees is calculated at 1.5 hours for every hour worked over 40
hours in a work week.
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Complaint: Is the formal process used by an employee to address violations of policy by another
Tribal employee. Complaints must be filed on the Human Resources “Complaint Form.”
Confidential Information: Private, protected or privileged information of the Colville Tribes’
governmental, business, or other operations, or regarding tribal employees or clients that cannot be
disclosed without permission from an authorized individual.
Conflict of Interest: A conflict of interest arises when an employee’s non-work activities, including
those of a political or economic nature, conflict with or appear to conflict with the employee’s regular
duties.
Contract Employees: Usually professional level employees who are employed under a written
employment agreement which defines the terms and conditions of their employment, for example, duties,
contract term, benefits and wage.
Corrective Action Plan (CAP): A step in the Progressive Disciplinary process for misconduct which
the supervisor deems serious, but not requiring suspension or termination. The CAP is a written
agreement signed by the supervisor and the employee detailing necessary improvement in performance
and timelines. Failure to comply with the CAP is grounds for suspension without pay or termination at the
supervisor’s discretion.
Cost of Living Raise: Wage adjustment based on the federal cost of living index and approved by the
CBC, or as determined and approved by the CBC.
Credit Card (AKA “P-Card”): A Tribally issued and owned credit card used by programs or program
employees to purchase authorized goods or services on behalf of Tribal business only. Misuse of Tribal
credit card is grounds for disciplinary action up to and including dismissal and/or prosecution.
Criminal Background Check: R
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