CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON (2026)

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CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON

PERSONNEL MANUAL

TABLE OF CONTENTS

PART 1

GENERAL POLICIES .........................................................................1

§ 2.800

§ 2.801

§ 2.802

§ 2.803

§ 2.804

§ 2.805

§ 2.806

§ 2.807

§ 2.808

§ 2.809

§ 2.810

§ 2.811

§ 2.812

§ 2.813

§ 2.814

§ 2.815

§ 2.816

§ 2.817

SUMMARY ............................................................................................................. 2

DELEGATION OF AUTHORITY ....................................................................... 2

UPDATING AND REVISIONS............................................................................. 2

WORK SCHEDULES ............................................................................................ 2

SMOKE FREE WORKPLACE POLICY ............................................................ 3

DEFINITION OF WORK WEEK ........................................................................ 3

FLEX TIME ............................................................................................................ 3

OVERTIME PAY ................................................................................................... 3

COMPENSATORY TIME .................................................................................... 4

CONFIDENTIAL/PRIVILEGED INFORMATION .......................................... 4

REPRESENTATION OF THE TRIBE ................................................................ 5

ATTENDANCE AT TRIBAL MEETINGS ......................................................... 6

ABSENCE FROM WORK .................................................................................... 6

OFFICE DRESS CODE ......................................................................................... 6

ABUSE REPORTING REQUIREMENT ............................................................ 7

ADVERSE WEATHER CONDITIONS ............................................................... 8

SECONDARY EMPLOYMENT ........................................................................... 8

WELLNESS/FITNESS PROGRAM..................................................................... 8

§ 2.818

§ 2.819

§ 2.820

§ 2.821

§ 2.822

TIMESHEETS ........................................................................................................ 9

PAY DAYS .............................................................................................................. 9

LEAVE ADJUSTMENTS .................................................................................... 10

EMPLOYEE DEDUCTIONS/BENEFITS ......................................................... 10

FINAL PAYCHECK POLICY............................................................................ 10

§ 2.823

§ 2.824

§ 2.825

DELEGATION OF AUTHORITY ..................................................................... 11

TRIBAL REGULATIONS APPLIED TO JOB VACANCIES ........................ 11

PROCEDURES FOR FILLING JOB VACANCIES ........................................ 13

PART 2

PART 3

PART 4

PAYROLL PRACTICES .....................................................................9

HIRING POLICIES ...........................................................................11

EMPLOYEES TRAINING AND ORIENTATION ........................21

§ 2.826

NEW EMPLOYEE ORIENTATION ................................................................. 21

§ 2.827

SKILL DEVELOPMENT AND TRAINING - EMPLOYEE

DEVELOPMENT PLAN ....................................................................................................... 21

PART 5

PERFORMANCE EVALUATIONS.................................................22

§ 2.828

§ 2.829

TIMING OF EVALUATIONS ............................................................................ 22

PROCEDURES FOR EVALUATIONS ............................................................. 23

§ 2.830

§ 2.831

§ 2.832

§ 2.833

SALARY SCHEDULE ......................................................................................... 25

NEW EMPLOYEES ............................................................................................. 27

MERIT INCREASES AND MERIT INCENTIVES ......................................... 27

CHANGE IN JOB ASSIGNMENT ..................................................................... 28

PART 6

SALARY ADMINISTRATION.........................................................24

i

§ 2.834

§ 2.835

§ 2.836

POSITION RECLASSIFICATION .................................................................... 28

TEMPORARY ASSIGNMENTS ........................................................................ 29

HIRED FOR A NEW POSITION ....................................................................... 29

§ 2.837

§ 2.838

§ 2.839

§ 2.840

§ 2.841

GOAL OF RECOGNITION AWARDS PROGRAM ....................................... 29

EMPLOYEE RECOGNITION AUTHORITY.................................................. 29

NOMINATIONS AND AWARDS ...................................................................... 30

ELIGIBILITY ....................................................................................................... 31

AWARD PRESENTATION AND PUBLICITY................................................ 31

§ 2.842

CLASSES OF EMPLOYEES .............................................................................. 31

§ 2.843

§ 2.844

§ 2.845

§ 2.846

§ 2.847

§ 2.848

§ 2.849

§ 2.850

ANNUAL LEAVE ACCRUAL & SELLBACK ................................................ 35

SICK LEAVE ACCRUAL ................................................................................... 37

HOLIDAY LEAVE............................................................................................... 38

FUNERAL LEAVE .............................................................................................. 39

ADMINISTRATIVE LEAVE .............................................................................. 40

LEAVE WITHOUT PAY..................................................................................... 41

SILETZ FAMILY/MEDICAL LEAVE.............................................................. 43

ANNUAL LEAVE DONATION POLICY (DAL) ............................................. 44

§ 2.851

§ 2.852

§ 2.853

§ 2.854

§ 2.855

§ 2.856

§ 2.857

§ 2.858

GENERAL PRINCIPLES.................................................................................... 46

CONDUCT POLICY ............................................................................................ 47

GROUNDS FOR DISCIPLINARY ACTION .................................................... 50

LEVELS OF DISCIPLINARY ACTION ........................................................... 51

ORAL OR WRITTEN REPRIMAND ................................................................ 52

SUSPENSION ....................................................................................................... 52

PROBATION ........................................................................................................ 52

DISCHARGE ........................................................................................................ 52

§ 2.859

§ 2.860

§ 2.861

§ 2.862

§ 2.863

DISCHARGE AUTHORITY............................................................................... 53

PROCEDURES FOR DISCHARGE .................................................................. 53

LAYOFF & FURLOUGH (REDUCTION IN FORCE) ................................... 53

RESIGNATIONS .................................................................................................. 55

EXIT INTERVIEWS ............................................................................................ 55

PART 7

PART 8

PART 9

EMPLOYEE RECOGNITION AWARDS ......................................29

EMPLOYEE CLASSIFICATION ....................................................31

EMPLOYEE LEAVE POLICY ........................................................35

PART 10 DISCIPLINARY ACTION ................................................................46

PART 11

PART 12

TERMINATION OF EMPLOYMENT.........................................53

GRIEVANCES AND EMPLOYEE APPEALS ............................55

§ 2.864

INFORMAL GRIEVANCE RESOLUTION ..................................................... 56

§ 2.865

FORMAL GRIEVANCES POLICY................................................................... 56

§ 2.866

GRIEVANCE CONFLICT OF INTEREST ...................................................... 58

§ 2.867

PROCEDURE WHERE GRIEVANCE IS AGAINST THE CHIEF

EXECUTIVE OFFICER ........................................................................................................ 58

§ 2.868

EMPLOYEE APPEAL OF DISCIPLINARY OR ADVERSE PERSONNEL

ACTION 59

§ 2.869

REVIEW BOARD ................................................................................................ 60

PART 13

HUMAN RESOURCES RECORDS AND REPORTS ................63

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§ 2.870

§ 2.871

EMPLOYEE PERSONNEL RECORDS............................................................ 63

PERSONNEL REPORT ...................................................................................... 64

§ 2.872

§ 2.873

§ 2.874

PURPOSE .............................................................................................................. 65

BACKGROUND ................................................................................................... 65

POLICY ................................................................................................................. 66

PART 14

PART 15

EMPLOYEE ASSISTANCE PROGRAM ....................................65

DRUG FREE WORKPLACE POLICY........................................67

§ 2.875

POLICY ................................................................................................................. 67

§ 2.876

VIOLATIONS OF THE POLICY ...................................................................... 68

§ 2.877

EMPLOYEE DRUG TESTING PROGRAM .................................................... 69

§ 2.878

CRIMINAL DRUG WORKPLACE VIOLATION REPORTING

REQUIREMENTS.................................................................................................................. 72

§ 2.879

PROBABLE CAUSE FOR SEARCH POLICY ................................................ 72

PART 16

PRODUCTIVE WORK ENVIRONMENT POLICIES ..............72

§ 2.880

§ 2.881

§ 2.882

§ 2.883

PWEP POLICY .................................................................................................... 73

PROHIBITED CONDUCT .................................................................................. 73

RESPONSIBILITIES ........................................................................................... 75

COMPLAINT PROCEDURE AND DISCIPLINARY PROCESS .................. 75

§ 2.884

§ 2.885

§ 2.886

§ 2.887

§ 2.888

PURPOSE .............................................................................................................. 77

RESPONSIBILITY............................................................................................... 77

SAFETY RULES .................................................................................................. 79

TEMPORARY ALTERNATE WORK ASSIGNMENTS ................................ 81

EARLY RETURN-TO-WORK GUIDELINES ................................................. 82

§ 2.889

§ 2.890

EMPLOYMENT PREFERENCE ....................................................................... 82

SOVEREIGN IMMUNITY.................................................................................. 83

PART 17

PART 18

PART 19

SAFETY ............................................................................................77

SOVEREIGNTY ..............................................................................82

APPENDICES ..................................................................................84

APPENDIX A – Definitions ................................................................................................... 84

APPENDIX C - Salary Schedule ........................................................................................... 84

APPENDIX D - C.T.S.I. Organizational Chart ................................................................... 84

iii

Ordinance Number § 2.800. Amended by

Resolution 2003-192, dated April 23, 2003;

Resolution No. 2003-455, dated October 17,

2003; Resolution No. 2003-519, dated

December 19, 2003; Resolution No. 2004-263,

dated June 18, 2004; Resolution No. 2004-373,

dated September 24, 2004; Resolution No. 2004507, dated December 17, 2004; Resolution No.

2005-201, dated May 21, 2005; Resolution No.

2005-361, dated September 16, 2005; Resolution

No. 2005-388, dated October 22, 2005;

Resolution No. 2005-481, dated December 16,

2005; Resolution No. 2006-125, dated March

17, 2006; Resolution No. 2006-192, dated May

18, 2006; Resolution No. 2006-299, dated

August 18, 2006; Resolutions No. 2007-112 and

2007-113, dated March 16, 2007; Resolution

No. 2007-144, dated April 20, 2007;Resolution

No. 2011-158, dated May 23, 2011; Resolution

No. 2013-292, dated November 14, 2013;

Resolution No. 2014-330, dated December 19,

2014; Resolution No. 2018-355, dated

November 15, 2018; Resolution No. 2020-179,

dated April 17, 2020; Resolution No. 2021-230,

dated June 18, 2021; Resolution No. 2021-283,

dated August 20, 2021; Resolution No. 2021387, dated November 17, 2021; Resolution No.

2021-425, dated December 17, 2021; Resolution

No. 2022-271, dated August 19, 2022;

Resolution No. 2023-054, dated February 17,

2023; Resolution No. 2023-310, dated October

20, 2023; Resolution No. 2023-333, dated

November 4, 2023; Resolution No. 2024-204,

dated June 18, 2024; Resolution No. 2024-397,

dated November 19, 2024; Resolution No. 2025414, dated December 22, 2025; Resolution No.

2026-176, dated June 18, 2026.

Original Date: November 15, 2002

Subject: Personnel Manual

PERSONNEL MANUAL

Siletz Tribal Code § 2.800

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PART 1

Adopted: 11/15/2002

GENERAL POLICIES

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Siletz Tribal Code § 2.800

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§ 2.800

SUMMARY

(a)

This manual establishes uniform policies and procedures for tribal administration

operations and any other programs operated by the Confederated Tribes of Siletz

Indians (CTSI or Tribe). The manual is not exclusive, and other policies and

procedures may apply. All employees are responsible to know and adhere to the

policies set forth in this manual. All changes, waivers, and exceptions to this

manual are subject to the approval of Tribal Council.

(b)

For purposes of this manual, the term "Chief Executive Officer" (CEO) applies

equally to the Executive Director, CEO, or General Manager of any other entity

set up by Tribal law. The Chief Judge shall supervise Tribal Court personnel

pursuant to this manual. This manual applies to all tribal entities, unless a tribal

entity creates their own employment and personnel rules, subject to Tribal

Council approval.

(c)

Where an employee has rights and responsibilities as an employee, such as the

right to grieve/appeal certain actions, such rights shall be exercised within the

entity in which the employee works.

§ 2.801

DELEGATION OF AUTHORITY

In the case of the Chief Executive Officer’s absence, the CEO will temporarily delegate

authority to a designee to accomplish administrative functions.

§ 2.802

UPDATING AND REVISIONS

The Chief Executive Officer is responsible for monitoring application and compliance

with this manual. The CEO shall evaluate and propose revisions to this manual regularly.

Tribal Council must approve all proposed revisions. Staff suggestions for revisions shall

be submitted in writing to the CEO for review. Approved revisions to this manual

supersede any previous manual or unwritten policies. Employees are responsible for

updating their individual Personnel Manual copies and for staying up to date on changes

to policy.

§ 2.803

WORK SCHEDULES

(a)

Employees shall have a lunch break and two distinct fifteen-minute breaks for

each full day worked. No employee will work through their lunch period and add

it to hours worked, without prior approval from their immediate supervisor. Each

supervisor has the responsibility of assuring that sufficient Tribal staff are present

on a daily basis to conduct Tribal business.

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The employee's immediate supervisor and the Chief Executive Officer must

approve non-standard work schedules that fall outside the normal working hours

or the regularly scheduled shift. If the work schedule change affects pay or

category of employment, a Personnel Action Notice (PAN) will be completed

designating the new hours and how long the action is to be in effect. If the work

schedule change does not affect pay or category of employment, the Human

Resources Department will create an employment record but a PAN is not

required. The procedures for flex time and comp time are outlined in STC §

2.806, Flex Time, and STC § 2.808, Compensatory Time, of this manual.

(c)

Employees are expected to be on the worksite at the start of their shift. An

employee who reports to work late may be subject to disciplinary action. Nonexempt employees who are late will not be paid for time missed. The employee’s

supervisor/manager and the CEO have authority to approve telework pursuant to

policies issued by Tribal Administration.

§ 2.804

(b)

SMOKE FREE WORKPLACE POLICY

Smoking or using commercial tobacco products, including but not limited to traditional

cigarettes, electronic cigarettes, and vapes, is prohibited within 25 feet of an entrance to

tribal property and buildings, except for designated smoking areas as denoted by signage.

Commercial tobacco product use is absolutely prohibited in tribal vehicles.

If an employee uses a designated smoking area, they shall ensure that such use only takes

place during their lunch or break time, and that all refuse is disposed of in a safe and

sanitary manner.

§ 2.805

DEFINITION OF WORK WEEK

The work week is defined as beginning at 12:00 a.m. on Saturday and ending at 11:59

p.m. on Friday.

§ 2.806

FLEX TIME

Employees who are in positions that, from time to time, require alteration of working

hours, are to flex their working hours within the 7-day work week, so as not to exceed the

normal amount of 40 working hours for the work week. Employees must get approval

from their immediate supervisor, prior to each occurrence.

§ 2.807

OVERTIME PAY

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The Chief Executive Officer may authorize a non-exempt employee to work in excess of

40 hours in one work week, and to be paid overtime for such extra work. Overtime must

be approved in advance and in writing, signed by the employee's supervisor, manager,

and the CEO. Overtime work will be approved only when circumstances prohibit the use

of flex time. Overtime will be paid at the hourly equivalent of one and a half times the

employee's regular hourly wage for actual hours worked that are in the excess of 40 hours

per work week.

§ 2.808

COMPENSATORY TIME

(a)

A non-exempt Tribal employee may be occasionally required to work in excess

of 40 hours in a 7-day work week. Employees must get approval from their

immediate supervisor prior to each occurrence. Supervisors are required to submit

employee comp time logs to the Human Resources Department quarterly. If the

employee’s actual work hours exceed 40 hours, they will accrue comp time at

time and a half. If the employee’s actual work hours are less than 40 hours, they

will accrue comp time at the usual rate.

(b)

The employee must secure the prior written approval of their immediate

supervisor and department manager in order to work over 40 hours within any

given work week. The maximum number of compensatory time hours any

employee may carry for a ninety (90) day period is 24 hours.

§ 2.809

(a)

CONFIDENTIAL/PRIVILEGED INFORMATION

Tribal employees are prohibited from disclosing confidential information to any

other individuals, including other Tribal employees or Tribal officials, except for

official reasons and with the express consent of their supervisor, and the Chief

Executive Officer, or by an order of a court of competent jurisdiction. No

information will be considered confidential or privileged if it is part of the public

record of the Tribe, or any other public or Tribal entity, or is otherwise publicly

available. All work products, including confidential information, produced by an

employee in the performance of their duties are the property of the Tribe.

The following shall be considered confidential information:

(1)

Discussion or materials from an executive session of the Tribal Council or

any standing committee, unless the Council specifically authorizes

disclosure of such discussions or materials.

(2)

Client information of a personal nature, such as personal or household

income, health, academic records, paternity, arrest records, and court

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proceedings, except to the extent such information is necessary to

determine the client's eligibility or continued eligibility for Tribal services

or to provide such services to the client.

§ 2.810

(3)

Employee information of a personal nature, such as personal or household

income, health, academic records, previous criminal history, disciplinary

actions, and performance evaluations, except to the extent such

information is necessary to determine an employee or applicant's

suitability for Tribal employment, or in disciplinary investigations or

proceedings.

(4)

Tribal personnel reports provided to the Tribal Council by the CEO or

Human Resources Director.

(5)

Records in the enrollment office, including enrollment information and

enrollment applications. Confidential information in the possession of

enrollment staff may be disclosed to other Tribal employees as necessary

and appropriate for legitimate Tribal purposes, and on a limited basis to

the extent necessary to achieve that purpose. A person's name, enrollment

number and blood quantum shall not be considered confidential

information. A person's address, unless explicitly excluded, shall not be

considered confidential information.

(6)

Medical, counseling, or other health related records regarding patients or

clients of the Tribal Clinic, Behavior Health Program, or other medical or

counseling programs of the Tribe. These records may be disclosed only in

accordance with applicable federal law and state licensing requirements,

with a signed release of information from the patient, or pursuant to a

valid, court-ordered subpoena, subject to review by the Legal Department.

(7)

Tribal mailing lists except to the extent such information is necessary for

Tribal business.

(8)

Any other information which the Tribal Council directs will be kept

confidential.

REPRESENTATION OF THE TRIBE

(a)

An employee may not assume the role of policy spokesperson for the Tribe,

unless directed to do so by the Chief Executive Officer, Tribal Chairman, or the

Tribal Council. An employee shall not make substantive statements, either

verbally or in writing, on behalf of the Tribe, unless authorized to do so.

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(b)

An employee may not use the Tribal name, logo, or other official symbol or

statement of the Tribe without first obtaining permission from the CEO for such

use. Third parties and outside entities must obtain permission from the CEO in

order to use the Tribal name, logo, or other official symbol or statement of the

Tribe.

(c)

Employees must obtain permission from the CEO or Tribal Council in order to

participate in an official capacity on outside boards, committees, and other similar

appointments.

(d)

Employees whose job descriptions require them to interface with the general

public or community members are expected to engage in a timely and

professional manner. These employees should understand that their conduct

affects the Tribe’s public reputation and should comport themselves

appropriately. This includes responding promptly to public inquiries and directing

requests as needed, as well as abiding by policies surrounding use of social media.

§ 2.811

ATTENDANCE AT TRIBAL MEETINGS

Unless their attendance is specifically requested by the Tribal Council, or required by

their regular job responsibilities, Tribal employees shall not be compensated for

attendance at Tribal or General Council meetings. Tribal employees are however

encouraged to attend meetings of the Tribal Council and General Council on their own

time.

§ 2.812

ABSENCE FROM WORK

Employees are required to make direct contact with their supervisor at least one (1) hour

before the beginning of their scheduled shift on each day that will be missed. If the

immediate supervisor is unavailable the employee will contact the next supervisor in their

departmental chain of command (see Appendix C. - Organizational Chart.) Employees

may make such contact through a third party and/or via an official electronic

communication such as email, instant message, or a phone call. The supervisor has

discretion to adjust the class of leave granted based on the circumstances.

Employees are required to inform their supervisor of each subsequent day of absence and

the reason for the absence. Failure to report within the required time may result in leave

without pay. If an employee is absent for three consecutive workdays without contacting

their immediate supervisor, they will be terminated from employment with the Tribe.

§ 2.813

OFFICE DRESS CODE

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(a)

Employees of the Tribe represent the Tribe to members of the public, co-workers,

and Tribal leaders. Therefore, an employee's appearance is a factor in job

performance. All employees are expected to wear appropriate office attire, unless

their job environment warrants different, more appropriate attire. Employees

should be neat, clean, well groomed, and present a professional business

appearance at their daily location, in meetings with the public, or wherever they

represent the Tribe. On those occasions where they will be working in the field

under adverse conditions, supervisors will authorize appropriate attire. The

department manager or supervisor, as part of employee's departmental orientation,

will notify employees of any specific dress requirements within their department.

(b)

Employees who appear for work inappropriately dressed may be sent home, and

directed to return to work in proper attire. Under such circumstances, employees

will not be compensated for the time away from work.

(c)

The Chief Executive Officer may designate casual dress days. Casual dress may

include covered leggings, t-shirts, and jeans. Casual dress will not include

hoodies, shorts, sweatpants, uncovered leggings, uncovered tank tops, crocs, flip

flops, slides, or clothing with logos of tobacco, alcohol, other drugs, or other nonprofessional images or attire. Employees whose position involves heightened

expectations of professionalism must ensure that any casual dress accords with

such expectations.

§ 2.814

ABUSE REPORTING REQUIREMENT

(a)

All Tribal employees, as well as Tribal Council, who have a reasonable cause to

suspect that a minor or elder has been abused or neglected shall report the

suspected abuse or neglect to the Siletz Social and Human Services Department

and the Oregon Department of Human Services, or other tribal or state agency as

appropriate. Any employee who files a report of suspected abuse or neglect shall

remain anonymous, except those individuals who are required to report abuse

according to their licensed professional standards. This policy does not supplant

other professional mandates, or reporting requirements for child and elder abuse

reporting by licensed professional employees.

(b)

All employees or agencies reporting in good faith, known or suspected instances

of abuse or neglect, shall be immune from either civil liability or criminal

prosecution for such report.

(c)

While discipline may be imposed for failure to comply with reporting

requirements, the reporting requirement shall not otherwise create civil liability

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for the employee, agency, or Tribe.

§ 2.815

ADVERSE WEATHER CONDITIONS

(a)

When weather creates hazardous driving conditions, the Chief Executive Officer

or their designee shall decide whether to alter office hours and/or grant

administrative leave based on local office weather conditions. Managers will be

responsible for notifying their staff by 6:00 a.m. of delayed office openings or

office closures.

(b)

In the event an employee feels the weather conditions in their residential area are

hazardous they should contact their supervisor by the beginning of their scheduled

shift to make arrangements regarding flexing their work hours, or request

approval for annual leave.

§ 2.816

SECONDARY EMPLOYMENT

(a)

(b)

§ 2.817

All employees are required to notify their supervisor, manager, and the Chief

Executive Officer in writing of any and all secondary employment by entities

other than the Tribe and any businesses or entities of the Tribe. Such employment

cannot result in any of the following:

(1)

Conflict with or impairment of assigned duties.

(2)

Conflict of interest.

(3)

Unfavorable publicity or poor relations to the Tribe.

(4)

The use of tribal employment materials or confidential information for

secondary employment.

(5)

Interference with the normal business hours required by the employee’s

employment with the Tribe.

The CEO shall forward the employee's written notification of

secondary employment to the Human Resources Department for inclusion in the

employee's file.

WELLNESS/FITNESS PROGRAM

(a)

Full-time regular employees may participate in a wellness/fitness program using

the following guidelines:

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(1)

An employee may seek the approval of their immediate supervisor for

wellness/fitness time each day (not to exceed one hour per day and two

hours per week) to participate in a wellness/fitness activity of their choice

(walking, running, etc.).

(2)

Participation in off-site activities will be subject to verification.

(3)

A written agreement between the employee and their supervisor shall be

forwarded to the Human Resources Department for approval. The

supervisor must verify that the time taken by the employee is for

wellness/fitness activities, and not for conducting other business.

(4)

If the employee misses their wellness/fitness activity for the allotted time,

the employee will not be allowed to make it up later.

(5)

The employees' time that is designate shall be staggered within a

department, at the supervisor's discretion, to ensure adequate departmental

coverage. Supervisors have discretion to disallow scheduled

wellness/fitness activity time to ensure adequate departmental coverage.

(6)

Approval will not be granted for requests that require participation during

the first or last thirty (30) minutes of the employee's scheduled workday.

(7)

Supervisors may disallow approved activity based on workload or

departmental need.

PART 2

§ 2.818

PAYROLL PRACTICES

TIMESHEETS

The Accounting Department is responsible for the preparation of the Tribe’s payroll.

Payroll checks will not be issued for non-exempt employees without a timesheet that

includes the attestation of the employee/participant and is approved by their immediate

supervisor. It is the employee's responsibility to get their timesheet to the supervisor so

that it can be verified prior to the due date. It is the supervisor's responsibility to ensure

the timesheets are accurate and submitted in a timely fashion. A statement of gross

earnings, an itemization of all deductions, and net earnings will accompany each

paycheck. Exempt employees are exempt from the timesheet requirements for payroll

purposes, unless they are utilizing leave or subject to other reporting requirements.

§ 2.819

PAY DAYS

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Tribal paydays will be every other Friday, unless the regular payday falls on a Tribal

holiday, then paychecks will be issued on the preceding day.

§ 2.820

LEAVE ADJUSTMENTS

The Accounting Department will automatically adjust an employee's next regular

paycheck for any leave without pay taken during the previous pay period for which the

employee was paid. In calculating the amount overpaid, the Accounting Department will

not consider any leave accrued after the pay period in which the overpayment occurred.

§ 2.821

EMPLOYEE DEDUCTIONS/BENEFITS

The Human Resources Department is responsible for managing Tribal employee

benefits/deductions on behalf of the Tribe and providing a list of such benefits/deductions

to employees. The Tribe reserves the rights to modify, add, or delete benefits/deductions.

If the Tribe modifies, adds, or deletes benefits/deductions, it will provide thirty (30) days

advance notice to all affected employees. For regular employees who otherwise meet the

eligibility requirement for benefits, a break in service that is due to circumstances within

the program/department, and does not exceed two weeks, will not be considered as a

break in service for benefit eligibility.

§ 2.822

FINAL PAYCHECK POLICY

(a)

Terminated employees will be paid their final paycheck as soon as practicable

following the date of termination, subject to completion of the check-out

procedures described in STC § 2.822(b) and offset/reduction for unpaid debts

owed to the Tribe or unreturned property, regardless of whether the termination

was voluntary, involuntary, or by mutual consent. Supervisors of terminated

employees are responsible for forwarding the necessary paperwork to the

Accounting Department.

(b)

Employees who terminate their employment shall complete a check-out sheet

certifying that all paperwork has been completed, all equipment and office

supplies have been accounted for, all keys have been turned in, all outstanding

travel reimbursements have been completed, and the Tribal Employee

identification card and credit cards have been turned in before receiving their final

paycheck. Employees shall submit their check-out sheet to their immediate

supervisor, who shall verify the sheet is completed and accurate. The supervisor

shall forward the check-out sheet to the Human Resources Department after

verifying completion and accuracy.

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PART 3

§ 2.823

HIRING POLICIES

DELEGATION OF AUTHORITY

(a)

The Chief Executive Officer may delegate his or her authority to hire Tribal

employees to another manager, administrator, or supervisor; either on a case by

case basis or by general order on such terms as they believe will best serve the

interests of Tribal government, provided such delegation is in accordance with the

policies outlined in this manual.

(b)

Managers are responsible for coordinating all position vacancies with the Human

Resources Department and ensuring funds are available to fund the vacancies.

(c)

The Tribal Council delegates to the Human Resources Director the authority to

provide oversight of compliance with this Manual, including but not limited to:

§ 2.824

(1)

To ensure that all appropriate Tribal hiring policies and procedures are

followed.

(2)

To provide consistency in the hiring process.

(3)

To provide technical assistance to staff on hiring issues.

(4)

To coordinate and facilitate hiring activities in a timely manner.

TRIBAL REGULATIONS APPLIED TO JOB VACANCIES

(a)

Pre-Employment Background Check Requirements

(1)

Criminal history background investigations will be completed on all

employees or potential employees, including temporary employees and

volunteers, before beginning work with the Tribe. All criminal history

background investigations shall meet or exceed the standards required

under the Indian Child Protection and Family Violence Prevention Act, 25

U.S.C. § 3201 et seq. and 25 C.F.R. Part 63. Temporary Pow Wow

employees are exempt from this requirement.

(2)

A background check described above may also be performed after the preemployment period if reasonably necessary to ensure the safety of

children, elders, funds, workplace, or to otherwise comply with applicable

laws and regulations.

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(b)

(3)

Head Start employees, ICW, child care providers, or other program staff

that may be designated by the Chief Executive Officer, will be required to

be enrolled in the Criminal History Registry operated by the Oregon

Department of Employment.

(4)

No person(s) shall be hired or allowed to work (including volunteers, work

experience, interns, etc.) in any position that has regular contact with, or

control over children if the person has ever been found guilty, entered a

plea of no contest, or entered a plea of guilty to any offense under federal,

state, or Tribal law which involves violence, threat of violence, sexual

assault, molestation, exploitation, prostitution, crimes against persons, or

offenses committed against children.

(5)

Applicants for any position shall be required to list any and all

convictions, no contest pleas, diversion agreements, any other adjudication

of guilt, and/or pending charges for any crime. Applicants must sign

consent to a criminal history background investigation.

(6)

The Human Resources Department shall coordinate the criminal history

check through the appropriate agency. No person shall begin work in any

position that has regular contact with, or that has control over, children

until a criminal background check is completed.

(7)

A driving record check covering the three years prior will be required on

any applicant or employee who is or reasonably may be required to drive

in the performance of his or her job.

(8)

A background check and/or driving record check described above may

also be performed after the pre-employment period if reasonably

necessary to insure the safety of children, elders, funds, vehicles, property,

or the workplace, meet employment requirements, or to otherwise comply

with applicable laws and regulations.

(9)

The CEO or their designee will have the sole authority to evaluate the

applicability and effect of the results of any criminal history checks.

Except where an applicant is barred from a position by subsection (4)

above, the CEO shall have discretion to approve or disapprove any offer

of employment to an applicant based on the results of the pre-employment

criminal history background and/or driving record check. The CEO shall

consider the nature and/or severity of any negative report, the timing of

the report, rehabilitation activities, and the position requirements.

Pre-employment Drug Testing

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The Tribe's policy is to maintain a work place that is free from the effects of drug and

alcohol abuse. The Tribe will not hire applicants whose current use of such substances

impairs their ability to perform work safely and adequately. For that reason, the Tribe

will test all applicants to whom offers of employment are made, for illegal drug use or

misuse of legal drugs, as a condition of employment with the Tribe. After an offer of

employment is made, but prior to beginning work, the candidate will submit to a drug test

scheduled by the Human Resources Department. The Tribe reserves the right to withdraw

the offer of employment if the test results indicate illegal drug usage, or misuse of legal

drugs. Temporary Pow Wow employees are exempt from this Section.

(c)

(d)

Valid Driver's License and Insurability Requirements

(1)

Prior to beginning employment, in those jobs that require a valid driver's

license, an applicant or employee must provide documentation of a current

valid driver's license, automobile insurance, and a three-year nonemployment driving record.

(2)

Proof of a valid driver's license and insurance will be documented during

onboarding. If for any reason, an employee loses their driver's license or

automobile insurance they must immediately notify their immediate

supervisor in writing. Failure to notify will result in disciplinary action.

The CEO shall have the authority to determine if a driver’s license and

automobile insurance is a necessary requirement of the job. An employee

may be terminated for failure to meet job requirements if it is determined

that driving is a mandatory requirement of the position.

(3)

New employees with out of state driver's licenses shall be required to

obtain a valid Oregon driver's license within the applicable time frames

required by state law. Failure to obtain an Oregon driver's license in a

timely fashion may be grounds for termination.

High School Diploma/GED Waiver

The High School Diploma/GED requirement for entry level positions will be waived for

enrolled Tribal members who are 55 years of age or older.

§ 2.825

(a)

PROCEDURES FOR FILLING JOB VACANCIES

Exceptions to Procedures for Filling Job Vacancies

This Section does not apply to positions supervised exclusively by the Siletz Tribal

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Council and the class of positions in the Siletz Community Health Clinic that require

specialized education, training, and/or licensing. For Tribal Council supervised positions,

including the Chief Executive Officer, Tribal Council Secretary, and Tribal Court Judges,

the Human Resources Department shall develop separate policies and procedures

governing the process for filling those vacancies. For Siletz Community Health Clinic

positions that are exempt from this section, the Siletz Community Health Clinic shall

develop separate policies governing the procedures for filling those vacancies.

(b)

Establishment of New Positions

Any supervisor seeking to add a new position (salaried, part-time, temporary, volunteer

or seasonal) must:

(c)

(1)

Design a job description to meet the need of the job duties. The job

description shall include job title, job location, and scope of work, overall

responsibilities, specific job duties, qualifications, and suggested

salary/wage.

(2)

Complete and submit a job requisition form, which includes a justification

for the new position and a description of resources available to fund the

position.

(3)

Coordinate through the Human Resources Department, which will review

the job description to ensure consistency with hiring policies and

procedures, obtain Tribal Council approval (or Chief Executive Officer

approval for temporary positions), and complete the recruitment process.

(4)

The CEO is authorized to make edits to approved job descriptions,

provided the edits do not significantly alter the job responsibilities and

does not result in a change in Tribal wage level.

Filling an Existing Vacancy

(1)

As a position becomes vacant, the departmental manager will submit a job

requisition form to the Human Resources Department requesting

advertisement of the position. The manager shall send a job description

that includes any proposed revisions from the previous job description.

The Human Resources Department will send the job requisition form and

job description to the CEO for approval. Upon CEO approval, the Human

Resources Department shall advertise the position.

(2)

Tribal Council must approve revisions on all regular job descriptions,

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except as provided in STC § 2.825(b)(4). The Human Resources

Department will review the job description for consistency with hiring

policies and procedures. Following the review, the Human Resources

Department will notify the manager of any changes and determine a

closing date and appropriate advertising medium.

(d)

(3)

The CEO has the authority to fill temporary vacancies that do not exceed

120 days without following the advertising and competition procedures

described in this manual. A job requisition form must be submitted by the

supervisor, and approved by the CEO for any temporary position.

(4)

Temporary vacancies exceeding 120 days, which include replacements for

employees on maternity leave, prolonged illness, or other unscheduled

long-term absence must be approved by Tribal Council. Recruitment will

occur to identify more than one qualified candidate. The supervisor will

submit selections, and the CEO will approve the selection.

Reassignment

(1)

Adopted: 11/15/2002

The CEO may initiate or approve employee job reassignments from one

job to another, or from one location to another if all of the following

conditions are met:

(A)

The employee's position is being eliminated due to organizational

restructuring or loss of funding or the employee has a documented

medical condition that prohibits the employee from performing the

essential duties of their position.

(B)

The employee has not been working under a grant provided by an

outside entity of limited duration, other than a self-governance

contract, for a period of less than three years.

(C)

The Tribe has employed the employee for at least one hundred and

eighty (180) days.

(D)

The employee has not received any disciplinary action for the past

one hundred and eighty (180) days.

(E)

There is a current job vacancy, and the employee meets the

requirements as stated in the job description. If the reassignment

request is based upon a medical condition, the Tribe shall require a

physician's statement to verify the employee's ability to perform

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the essential duties of the new position.

(2)

(e)

(f)

(g)

The employee will be eligible for a reassignment once the event giving

rise for the need of a reassignment is documented. If two or more

employees are eligible for a reassignment into one job vacancy, the

interview process will be conducted.

Advertisement and Recruitment

(1)

The Human Resources Department will advertise vacancies for a period of

at least two weeks. Vacancies may be advertised utilizing the following

resources: Tribal newsletters and/or newspapers; other tribes and native

organizations; local newspapers; professional publications/newsletters;

local Indian organizations, schools, and training institute postings; and

websites.

(2)

Whether to re-advertise a position due to lack of qualified candidates shall

be up to the discretion of the Human Resources Department and the hiring

manager.

Submission of Job Application

(1)

An applicant must submit a current, updated Tribal employment

application to be considered for a position with the Tribe. An applicant

will be required to submit an employment application for each position

they desire to apply for. Applications will remain on file for one hundred

and eighty (180) days. Applicants will be required to show and

demonstrate that they meet the qualifications of the job description, and

submit the required supplementary material required in the job

announcement in order to be considered for an interview for any job

vacancy.

(2)

Incomplete applications will be returned to the applicant for completion.

(3)

Job applications must be received by the close of business as set forth in

the job announcement. The Human Resources Department shall track the

date and time that applications are received.

Applicant Screening

The Human Resources Department will conduct initial screening of all employment

applications and determine candidate eligibility for the applicable role. The Human

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Resources Department will make initial selections on which applicants to interview and

will send those selections to the hiring manager. The hiring manager will communicate

their agreement or any disagreements with the selections to the Human Resources

Department, and the Department has discretion whether to consider the hiring manager’s

comments. The Human Resources Department has the final authority to determine the

final selections on which applicants to interview. Once interview candidates have been

selected, the hiring manager shall identify an interview date. The Human Resources

Department staff will schedule applicable testing and interviews.

(h)

(i)

Interview Committee Formation

(1)

For all positions, a committee shall be appointed of not less than three

members including the immediate supervisor of the position being filled.

(2)

No employee will be eligible to participate as a member of the interview

committee if they are an immediate family member of the applicant.

Immediate family member is defined as: parents, children, spouses,

siblings, or any other person living in the same household. Adoptive

family members are included in this definition.

(3)

The hiring manager will appoint the interview committee, which shall

consist of at least three (3) members. The Human Resources Department

will verify eligibility of the appointed members, and notify the hiring

manager if an appointed member is ineligible and another appointment is

necessary. The maximum number of people on any interview committee

shall be seven (7). The interview committee must include the departmental

manager and a departmental supervisor. The interview committee may

also include a Tribal Council member, a Standing Committee member,

other staff, or outside professionals depending on the nature of the role.

Interview committees may move forward with interviewing candidates if

they have less than three members due to the unexpected absence of an

initial appointee.

Notification to Applicants Not Selected for Interview

(1)

The Human Resources Department will ensure that all applicants not

selected for an interview are notified in writing prior to the interview

date(s).

(2)

If an enrolled Siletz Tribal Member is notified that they do not meet the

minimum job requirements for a position, and they disagree with that

decision, the applicant shall have five (5) working days from the date on

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the notification letter to submit a written appeal for reconsideration to the

CEO. The CEO will review the applicant's application to determine if they

did meet the requirements. If the CEO determines that the applicant did

meet the requirements, the applicant's name will be added to the interview

list. The CEO’s decision on whether the applicant meets the requirements

of the position shall be final for the Tribe.

(j)

(k)

Reference Checks.

(1)

The Human Resources Department will conduct reference checks on those

applicants selected for an interview. To the extent possible, reference

checks will be available to the committee for viewing prior to the

interview.

(2)

Tribal managers and/or supervisors who receive internal requests for

reference checks shall complete those checks with candor, within five (5)

working days of receipt. The manager or supervisor may seek assistance

from the Human Resources Department or the Legal Department for any

questions regarding reference checks. Failure to promptly complete

internal reference checks may be grounds for disciplinary action.

The Interview Process.

(1)

Department heads, managers, and supervisors may submit updated

interview questions to the Human Resources Department at any time.

Prior to the interview date, the Human Resources Department will prepare

the interview questions for that interview, based off of the interview

questions currently on file. The Human Resources Department will review

the interview questions, and any testing material to ensure they are in line

with the qualifications as stated on the job announcement and other Tribal

policies. The hiring manager and immediate supervisor for the position

will have an opportunity to communicate proposed question changes to the

Human Resources Department. The interview committee shall only ask

applicants the questions prepared by the Human Resources Department.

(2)

At a minimum, during the interview process, the applicant will be asked

the following:

Adopted: 11/15/2002

(A)

To state the specific nature of their experience that relates to their

ability to successfully complete job duties;

(B)

Whether the applicant can perform the essential duties of the job,

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and;

(C)

Whether the applicant has any objections to undergoing a drug

screen prior to employment.

The Human Resources Department will maintain the interview

committee's records of each applicant's responses to the questions.

(l)

(m)

Recommendation for Hire

(1)

After the interviews are completed the interview committee will review all

relevant material and make a recommendation for hire.

(2)

In determining the final selection, committee members should evaluate

candidates on the following bases:

(A)

Applicant's complete application and responses to interview

questions.

(B)

Extent to which the applicant's listed experience and abilities are

related to the job opening and are verifiable.

(C)

Applicant's work record with particular emphasis on stability,

dependability, and potential for growth.

(D)

Whether an applicant meets the job requirements and can perform

the job duties of the position.

(E)

Applicant's general conduct during the interview, with principal

emphasis on the applicant's ability to work with the Tribal Council,

community, Tribal employees, and other agencies; and their ability

to meet general rules of conduct for all employees. After

completing the interview process, the interview committee will

forward all interview notes, records, along with the

recommendation for hire, to the Human Resources Department.

(F)

All information, selection, interview notes are confidential. No

decision is final until approved by the CEO.

Final Authorization for Hire

(1)

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After reviewing the interview committee's recommendation, the Human

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Resources Department will forward the selected applicant's file to the

CEO. The CEO will review and, if acceptable, sign off on the hiring

recommendation.

(n)

(o)

(2)

In the event that an applicant is recommended for hire over another

applicant who may be entitled to preference under STC § 2.889, the

interview committee is required to document, in writing, the reason for

such decision.

(3)

If the CEO disagrees with the interview committee's recommendation, the

CEO will convene a meeting with the committee to discuss their concerns.

(4)

The final authorization for hire rests with the CEO and is considered final

for the Tribe.

Hiring

(1)

After the CEO’s signature is obtained, the Human Resources Department

will notify the applicant of their selection, and schedule an appointment

for them to undergo a drug screen and run a criminal history check. Upon

verification of a satisfactory drug screening and criminal history approval,

the Human Resources Department will set up an orientation appointment

for the new employee.

(2)

In the event that the person selected refuses the job offer or terminates

employment within ninety (90) days, the CEO is authorized to use the

same interview list to fill the position. The Human Resources Department

can, after the CEO’s approval, offer the position to the interview

committee's next choice.

Non-Selection

Applicants not selected for the position will be notified by the Human Resources

Department as soon as the final offer of employment is accepted. There are no appeal

rights for non-selection.

(p)

Personnel Action Notices

A new hire Personnel Action Notice (PAN) will be created by the Human Resources

Department. The PAN will include salary, position, evaluation dates, funding sources and

previous tribal employment from the applicant’s application. Since the CEO has signed

the rating form for the approval of hiring, new hire PANs will not require CEO signature.

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PART 4

EMPLOYEES TRAINING AND ORIENTATION

It is the policy of the Siletz Tribe to encourage all employees to continue educational endeavors,

to improve their skills, and to pursue advancement in their job status.

§ 2.826

NEW EMPLOYEE ORIENTATION

All new hire employees are required to attend a mandatory New Hire Orientation and

Benefits Orientation.

(a)

An orientation program will be developed by the Human Resources Director to

acquaint each new employee with Tribal government and to familiarize them with

their jobs. Each employee's supervisor will be responsible for assuring that the

orientation program is carried out.

(b)

At a minimum, the orientation program will include the following:

§ 2.827

(a)

(1)

An opportunity for the employee to read and ask questions about this

manual.

(2)

An opportunity for the employee to read Tribal government materials that

are relevant to the employee's job; including work plans, program

contracts and grants, annual reports, and program budgets.

(3)

An opportunity for the employee to meet other Tribal employees,

representatives, and officials which whom the employee will work with.

(4)

An opportunity for the employee to resolve any questions about the work

for which the employee is responsible, either through the employee's

direct supervisor or through another Tribal employee.

(5)

Information about the importance of work-related safety, and the

employee's responsibility for following safety practices.

SKILL DEVELOPMENT AND TRAINING - EMPLOYEE

DEVELOPMENT PLAN

The employee and their immediate supervisor may develop an annual

Employee Development Plan (EDP) which outlines the employee's need for

training and education to improve their performance relating to their current

position, prepare the employee for future promotional opportunities, or maintain

required professional certifications. Training and education shall be defined as

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continuing education, conferences, seminars, and professional training. The

immediate supervisor approves the EDP. An approved EDP does not constitute

approval for specific travel or training.

(b)

Training requests must be submitted and approved by the employee's immediate

supervisor, program manager, and the Chief Executive Officer. Out-of-area

training requests must follow the procedures outlined in the Travel Policy.

Training requests will be evaluated on the length of time the employee will

participate in the training, and the overall benefit to the Tribe. Employees within

their probationary period can attend training with appropriate approvals.

(c)

If feasible, each program is responsible for determining and including training

funds in their program budgets. Approval of funding for training does not

constitute approval of training.

PART 5

§ 2.828

PERFORMANCE EVALUATIONS

TIMING OF EVALUATIONS

(a)

Evaluations will generally be held at the designated times indicated in this

section, but may be conducted at other times upon the request of evaluating staff

and approval by the Human Resources Department. The due date for all

performance evaluations is the fifth business day after the relevant anniversary

date giving rise to the evaluation.

(b)

All new employees shall have a performance evaluation after the first ninety (90)

days of the probationary period. A salary increase will not be received at the

midpoint evaluation. If the midpoint evaluation would fall on a Tribal holiday the

evaluation shall be performed on the next available workday.

(c)

All new employees will be evaluated upon completion of their probationary

period, which will be their one hundred and eighty (180) day evaluation. If the

probationary evaluation would fall on a Tribal holiday the evaluation shall be

performed on the next available workday.

(d)

All other employees will be evaluated on the anniversary date from their one

hundred and eighty (180) day evaluation. If the annual evaluation would fall on a

Tribal holiday the evaluation shall be performed on the next available workday.

Evaluations are to be completed and submitted with the appropriate signatures to

the Human Resources Department on the anniversary date of when the employee

obtained regular employee status.

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(e)

Evaluations that are not completed within forty-five (45) days of due date will be

considered satisfactory and a Personnel Action Notice (PAN) will be completed

to include the normal step increase if applicable. Evaluations not performed

within the 45-day window will be considered untimely. Untimely completion of

evaluations without an approved extension from the Human Resources

Department may subject supervisors and/or managers to disciplinary action and

will affect their own evaluation. Failure to complete evaluations within forty-five

(45) days of due date without good cause will result in the supervisor and/or

manager being ineligible for their next merit incentive.

(f)

An evaluation PAN will be created by the Human Resources Department. The

PAN will include any salary increases, position changes, evaluation dates, and

funding source. Since the Chief Executive Officer has signed the evaluation form,

evaluation PANS will not require CEO signature.

§ 2.829

PROCEDURES FOR EVALUATIONS

(a)

The immediate supervisor will complete an Evaluation Form for each employee.

A draft evaluation will be reviewed by the second line supervisor, if applicable,

prior to conducting the evaluation with the employee. At this point, any second

line supervisor, including area office supervisors, may add input, as they deem

appropriate. The supervisor and the employee will then meet to review and

discuss the final evaluation. After the review and discussion is complete, the

employee shall sign the evaluation to acknowledge the review took place. The

employee may include a written response to the evaluation. The employee's

written response must be submitted to the employee's immediate supervisor and

the Human Resources Department within ten working days after the completed

review. The Human Resources Director and the CEO shall have discretion to

review the final evaluation and the employee's written response and determine

whether the employee should be reevaluated.

(b)

Evaluations will be based upon an assessment of the employee's job

responsibilities and performance.

(c)

Each evaluation will result in a determination by the supervisor that the

employee's work is rated as follows in specific evaluation categories:

Distinguished – 5

Commendable – 4

Satisfactory – 3

Needs Improvement – 2

Unacceptable – 1

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The employee’s overall rating will be the average of the scores in each evaluation

category on the Evaluation Form. Overall ratings shall be rounded up. For

example, an overall rating above 4.5 qualifies as distinguished, above 3.5

qualifies as commendable, and so on.

(d)

If any employee's overall rating is satisfactory, at the employee's request, the

supervisor should identify those areas of the employee's performance which can

be improved.

(e)

If an employee's overall rating is needs improvement or unacceptable, the

supervisor will identify those areas of the non-probationary employee's

performance which must be improved and develop a work plan to cover the

following ninety (90) day period, at which time another evaluation will be

conducted. Upon adequate completion of the work plan, the employee will be reevaluated and if their overall rating is satisfactory they will receive their step

increase from the date of that evaluation. The normal evaluation date will not

change.

(f)

If an employee's overall rating is unacceptable, the employee may be discharged

from Tribal employment.

(g)

If the employee is on probation, performance that could be rated as needs

improvement or unacceptable may result in termination of employment.

Termination of a probationary employee need not, however, specify a reason for

such termination.

(h)

A non-probationary employee who disagrees with their evaluation may appeal

the evaluation under the terms of the Employee Appeal Procedure.

(i)

Tribal Council will evaluate employees that they directly supervise.

(j)

The Human Resources Department may alter the evaluation process, with

approval of the Tribal Council to fit the needs of different job positions.

(k)

The Human Resources Director shall periodically review performance of the

evaluation process to ensure that it is accomplishing the purpose of encouraging

superior employee performance. The Human Resources Director may suggest

changes in the evaluation process from time to time as appropriate and such

changes shall be included in this manual after approval by the Tribal Council.

PART 6

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§ 2.830

SALARY SCHEDULE

(a)

The salary schedule (see Appendix B) will be reviewed annually by Tribal

Council, and may be adjusted for cost of living adjustments (COLAs) or other

increases if Tribal Council so decides. Employees who reach the end of their

salary scale are only eligible for approved COLAs.

(b)

Pay Differential Policy:

(1)

Intent: Authorize the CTSI Chief Executive Officer to implement a Pay

Differential Policy in an effort to appropriately compensate employees for

reasons listed below. Not addressing pay differentials related to such

reasons can cause pay disparity and inequity. Pay differential may be

needed in order to recognize:

(A)

Recruitment and retention difficulties.

(B)

Undesirable work location or ship assignment.

(C)

Performance of atypical duties.

(D)

Recognition of special but temporary responsibilities.

(2)

Definition: “Pay Differential” - A special additional pay recognizing

unusual competencies, circumstances, or working conditions applying to

one or a group of employees.

(3)

Policy: The CEO may authorize a pay differential not to exceed ten

percent of the base salary to address the situations listed under the intent

of this policy. Under an approved emergency declaration, the CEO may

authorize a pay differential not to exceed twenty percent of the base

salary. The CEO, in consultation with the Human Resources Director,

may consider the following when determining whether a pay differential is

appropriate and to determine an appropriate differential amount:

Adopted: 11/15/2002

(A)

Are the duties included in the employee job description? If the

duties in question are expected to be permanent, a revised job

description shall be drafted, rated, and presented to Tribal Council

for approval. If the duties are temporary, attempts will be made to

hire temporary staff.

(B)

Is the employee temporarily assuming full responsibility of an

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unoccupied position as the interim holder instead of their regular

position? The CEO shall consider the additional duties and hours

dedicated to the interim position that are assumed.

(4)

(5)

Adopted: 11/15/2002

(C)

Whether a supervisor temporarily assumes responsibilities for a

subordinate employee.

(D)

Whether an employee temporarily assumes responsibilities of a

position that is either paid equal or paid less than their regular

position. An increased workload in these situations should be

addressed by workload redistribution and/or hiring temporary staff.

The employee or supervisor must submit a Pay Differential Request Form

to the Human Resources Director. The form must include:

(A)

Copies of relevant job descriptions(s).

(B)

A list of the higher-level responsibilities.

(C)

The number of hours which are devoted to, or expected to be

devoted to, the additional higher-level responsibilities, plus the

number of hours in the employee’s work week.

(D)

The time period during which the subject employee is expected to

perform the additional higher-level responsibilities (including

beginning and end dates).

(E)

Explanation of the need for higher-services compensation (as

opposed to permanently filling the position or other alternatives).

(F)

The plan for ending the temporary responsibilities.

(G)

Identify an appropriate budget.

If the pay differential is approved, the CEO will direct the Human

Resources Department to process a PAN outlining the pay differential

amount and timeframe. If an extension is required beyond the approved

timeframe, approval will be required to continue the pay differential with a

new plan. The Human Resources Department will track pay differential

approvals and report monthly to Tribal Council. If the request is not

approved, the Human Resources Director will provide the employee or

supervisor a written decision including recommendations to address the

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justifications included on the Request Form. This decision is final for the

Tribe.

§ 2.831

NEW EMPLOYEES

Salaries for new employees are established within the ranges of the established salary

schedule. At the recommendation of the department supervisor, new employees will be

placed on the salary scale at Tribal Level Step One for the established pay grade. If

program budgets permit, new employees may be placed on the salary scale based on the

Hire-In tool, at a step no higher than five. The Hire-In tool factors in years of education,

years of direct experience and professional certifications directly related to the position.

§ 2.832

(a)

(b)

MERIT INCREASES AND MERIT INCENTIVES

Merit Increase: Merit Increases are given upon receipt of a satisfactory

performance evaluation at the conclusion of the probationary period and thereafter

based on satisfactory performance on subsequent evaluations and upon

availability of funding. The general guidelines for merit increases are as follows:

(1)

Satisfactory performance evaluation at completion of one hundred and

eighty (180) day probation period: 2.5% increase.

(2)

Satisfactory performance on subsequent performance evaluations: One

step 2.5% increase for steps 1 – 7. At step 8, step increases will occur

every other year until the employee has reached step 13 and will remain at

2.5%. The overall performance evaluation rating must be satisfactory or

better for an employee to be eligible to receive the step increase.

(3)

If the overall evaluation rating is below Satisfactory, (rating lower than

2.6), then the employee will be ineligible to receive a step increase based

on their evaluation.

Merit Incentive: Within the limits of available funds, departments may budget for

merit incentives based on employee job performance. Merit incentives may be

granted to employees for commendable job performance as determined by the

employee’s supervisor(s) and manager(s). Commendable job performance means

that all of the employee’s job elements have been performed in a manner

substantially exceeding normal requirements.

Merit incentives shall not exceed 3% of the employee’s gross wages. Merit

incentives will be awarded based upon the individual employee’s performance.

Recommendations must be submitted by the employee’s immediate supervisor to

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the employee’s department manager, unless the employee’s immediate supervisor

is the department manager. The department manager must submit approved merit

incentive recommendations to the Chief Executive Officer for final approval.

Merit incentives for the CEO must be recommended by a member of Tribal

Council, and approved by the Tribal Council.

Merit incentives approved by the CEO will be disbursed bi-annually in June and

December. Employees with less than a year of service are not eligible to receive a

merit incentive. An employee who receives a merit incentive is not eligible to

receive another merit incentive for three years from the date of disbursement.

The Human Resources Department is responsible for monitoring and assuring the

consistent and equitable application of merit incentive procedures throughout

Tribal government. The CEO may reject any recommended merit incentive that

they believe is not supported by performance evaluations or other indicators of

employee performance, or that they believe is not in the best interests of the Tribe.

§ 2.833

CHANGE IN JOB ASSIGNMENT

A job assignment may change due to position reclassification, temporary transfer, or

being selected through the hiring process for another position within Tribal

administration. When an employee is assigned to a new Tribal Level (TL), their

anniversary date of employment will change to the effective date of the new Tribal Level

assignment.

§ 2.834

POSITION RECLASSIFICATION

Additional job duties may be assigned to a position, if it is the job within the department

to which the responsibility logically would fall. Revised job descriptions must be

submitted by the supervisor with a written justification that outlines the changes, which

have been made in the job and the reasons for the changes. In addition, an employee may

request to their immediate supervisor that their position description be updated and reevaluated due to a permanent change in job duties and responsibilities that have occurred

over a period of time. The supervisor, manager, Chief Executive Officer, and Tribal

Council must approve all revisions. The Tribal Council has final approval for job

description revisions, except as provided in STC § 2.825(b)(4).

If the position is reclassified and warrants a Tribal Level increase, the employee's current

pay will be increased by two percent and then located on the higher Tribal Level. If the

pay increase is substantial, and cannot be located on the new Tribal Level, then the

employee will start out at step-one of the new Tribal Level. If the position is reclassified

and it warrants a pay decrease, the employee's current compensation will remain frozen

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until it comes in line with the new Tribal Level.

§ 2.835

TEMPORARY ASSIGNMENTS

An employee who is temporarily assigned to a different position will receive their current

salary/wage if the temporary position is paid at a lower rate. If the position is paid at a

higher rate, and the employee can perform all of the duties in the job description, the

employee will be paid at the higher rate assigned to the temporary position. If the

employee cannot perform all of the duties in the job description, a modified job

description will be developed and evaluated for the appropriate compensation.

§ 2.836

HIRED FOR A NEW POSITION

(a)

If an employee is selected for another position within Tribal administration, the

employee will be paid at the same rate if the position is classified at the same

Tribal Level and current step.

(b)

If the new position is at a higher Tribal Level, the employee's current pay will be

increased by two percent and then located on the higher Tribal Level. If the pay

increase is substantial, and cannot be located on the new Tribal Level, then the

employee will start out at step one.

(c)

If the new position is at a lower Tribal Level, then the employee's pay will be

lowered to reflect the new Tribal Level. The employee will maintain their current

step for satisfactory performance and years of service.

(d)

All new hires will serve the one hundred and eighty (180) day probation period,

unless specifically stated in the job description.

PART 7

§ 2.837

EMPLOYEE RECOGNITION AWARDS

GOAL OF RECOGNITION AWARDS PROGRAM

The Employee Recognition Award Program has been designed and implemented to

recognize employees whose individual or group efforts have increased the efficiency,

economy, or effectiveness of Tribal government operations; and/or recognize employees

for their outstanding performance of official or non-official duties.

§ 2.838

EMPLOYEE RECOGNITION AUTHORITY

The Human Resources Department is responsible for soliciting and determining

nominations and eligibility for employee recognition awards.

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§ 2.839

NOMINATIONS AND AWARDS

(a)

Nominations for Spot Awards may be made at any time and will be approved or

denied as soon as practicable following nomination.

(b)

Nominations will be solicited from all employees on an annual basis for the

following awards:

(1) Employee Suggestion/Invention Award

(2) Special Acts or Service Award

(3) Time Off Award

(4) Extra Effort Award

(5) Performance Bonuses

An Employee(s) of the Year may be selected from new nominations or nominations

received for all categories throughout the year.

(b)

Nominators, Staff, Managers, and Supervisors Responsibilities

(1)

Recognize employees for specific achievements.

(2)

Ensure recognition is distributed equitably and based in appropriate

justification.

(3)

Consider input from appropriate sources when making recognition

decision.

(4)

Recognize contributions in a timely manner.

(5)

Emphasize the importance of teamwork through recognition of group

accomplishments.

(6)

Use non-monetary recognition as an alternative to monetary awards for

specific achievement or when monetary awards are not authorized.

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§ 2.840

(7)

Promote the recognition program by encouraging employee participation,

arranging for appropriate presentations and periodically publicizing

recognition activities.

(8)

Forward suggestions and inventions to the appropriate parties for

evaluation.

(9)

Review nominations to ensure that the recognition is linked to the

contribution and that the award amount accurately reflects the value of

the contribution.

ELIGIBILITY

All full time, part time, and seasonal Tribal employees are eligible to receive recognition

awards. WEX, summer youth employees, interns, volunteers, judges, and Tribal Council

are not eligible to receive recognition awards. Temporary employees are eligible for spot

awards, but not for other recognition awards.

§ 2.841

AWARD PRESENTATION AND PUBLICITY

To be effective, presentation of awards should be made by the Chief Executive Officer

before staff meetings or employee assemblies whenever possible. In-house publications

and bulletin boards to publicize the achievements of award recipients are encouraged.

PART 8

§ 2.842

EMPLOYEE CLASSIFICATION

CLASSES OF EMPLOYEES

Employees of the Confederated Tribes of Siletz Indians are classified in the following

categories.

(a)

Probationary Employee (new and disciplinary)

(1)

Adopted: 11/15/2002

New employees will serve a one hundred and eighty (180) day

probationary period to determine their suitability as a Tribal employee. If

extended leave of absence or layoff occurs during the probation period, the

probationary period will be extended by an equivalent amount of time. A

probationary employee may be terminated at any time during the

probationary period only by the recommendation of the employee's

supervisor and/or manager and the approval of the Chief Executive

Officer. Supervisory and managerial staff shall document reasons for

termination of a probationary employee.

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(b)

(c)

(2)

Probationary employees accrue sick and annual leave during their

probation period; but may not use any leave during the first ninety (90)

days of the probation period. Any absences during the first ninety (90)

days of the probation period will be designated as Leave Without Pay. All

leave (annual/sick/funeral/administrative) will be forfeited if the employee

is terminated during the probationary period. Where an employee has had

a change of position with no break in service, the employee will be

eligible to use accrued Annual or Sick leave during the first 90 days with

supervisor approval.

(3)

Employees who have previously worked for Tribal Administration shall

be treated as a new employee in any new position.

(4)

At the completion of the employee's probationary period, the employee's

supervisor will evaluate the employee's performance under the procedures

of this manual and shall recommend to the CEO if the employee is entitled

to regular employee status or if the employee should be terminated.

(5)

Except for alleged substantive constitutional violations, administrative

error, or discrimination in the termination or a disciplinary process,

probationary employees shall have no right to appeal any disciplinary

action taken during the probationary process under other sections of this

manual. The extent of a probationary employee's appeal rights shall be set

out in any disciplinary or termination notice.

Regular Employee

(1)

A regular employee is a part-time, part-time/on-call (part-time schedule

hours and on-call up to 40 hours), or full-time employee who has been

retained in their appointed position after the successful completion of their

probationary period. Regular employees shall be subject to the disciplinary

procedures set forth in this manual.

(2)

A regular employee may include employees who are employed on a

seasonal basis. It is not necessary to re-advertise to fill such positions after

a seasonal layoff. Such employees shall accrue leave and other benefits

provided to regular employees only during their period of active

employment.

Temporary Employee

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An employee, other than seasonal worker, hired for up to one hundred and twenty

(120) days on either a full-time or part-time basis. Temporary employees are not

eligible for annual, holiday, administrative, or sick leave; life and disability

insurance, health insurance, or retirement benefits. The CEO can authorize

appointment of a temporary employee whenever a short-term vacancy occurs, or

when they determine it to be in the best interest of the Tribe. A temporary position

may be filled without following the advertising and competition procedures

described in this manual.

(d)

Limited Duration Employees

An employee hired for a limited duration of time as specified by need or grant

funding. Limited duration positions shall be eligible for annual, holiday,

administrative, or sick leave, life and disability insurance, health insurance, or

retirement benefits. Limited duration employees shall be subject to the one

hundred and eighty (180) day probationary period. In the event that additional

grant funding is received that continues supporting the ongoing grant objectives,

the employee will retain their position and a break in service will be allowed up to

ninety (90) days where grant funding lapses. If a limited duration position

becomes a regular funded position, the position will be re-advertised and filled

through the regular Tribal hiring process. Limited duration positions that are

extended by department funding for the completion of the project must be

approved in advance by the CEO.

(e)

On-Call Employees

An employee is considered on-call when they do not have a fixed schedule and

are utilized for periods when regular staff are unavailable, or during peak hours.

On-call employees are not eligible for insurance benefits. On-call employees who

work over 1,000 hours in a calendar year will be eligible to participate in the

Tribe's retirement plan. On-call employees are not eligible for annual, holiday,

administrative, or sick leave, life and disability insurance, health insurance, or

step increases (except for COLAs, if approved).

(f)

Seasonal Employees

A regular employee who works full or part-time for a specified period of time

each calendar year shall be considered a seasonal employee. Seasonal employees

are eligible for annual and sick leave according to Tribal policies, but are not

eligible for retirement or health benefits unless they work for one hundred and

eighty (180) days or longer during each calendar year. Seasonal employees will

not accrue annual and sick leave during periods of non-employment. Retirement

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and health benefits will be suspended during periods of non-employment unless

the employee pays the premiums. Head Start employees shall receive

health/dental, disability, & life insurance benefits during the summer break if they

are otherwise eligible for coverage immediately prior to the start of the break.

(g)

Detached Duty Employee

An employee assigned from another agency (such as the Bureau of Indian Affairs,

or Indian Health Service) to work within the Tribe shall be considered a detached

duty employee. A detached duty employee will work within the functional

policies in this manual, but will receive compensation and personnel benefits

under the provision of the assigning agency.

(h)

Exempt Employee

Exempt employees are employees who, because of their position, duties,

responsibilities, and level of decision-making authority, are exempt from the

overtime provisions of this manual. In general, exempt employees are not

required to submit timesheets unless they are utilizing leave. Exempt employees

may be required to submit timesheets to account for funding requirements or to

track hours worked.

Exempt employees are expected to work the hours that are reasonably necessary

to accomplish the goals and deliverables of their position. Thus, exempt

employees have more flexibility in their schedules to come and go as necessary to

accomplish work than non-exempt employees, because they typically end up

working more than 40 hours per week as a result of their job requirements.

(i)

Non-Exempt Employee

Non-exempt employees are subject to all relevant provisions of this manual

including the policies covering overtime, flex time, and compensatory time. Nonexempt employees are normally required to account for hours and fractional hours

worked and are paid for all hours and fractional hours worked.

(j)

477 Training Employees (WEX)

The CEO may establish opportunities for Tribal members and other Indian

applicants in need of work experience to enter the Tribal government work force

through a 477 program. The 477 participants, who satisfactorily complete a

related work experience placement, may be hired by the CEO in an entry level

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position without regard to formal recruitment and selection policies. The CEO is

authorized to use the 477 program to fill entry-level positions.

(k)

Volunteers

A volunteer is an individual who performs a service for the Tribe, but does not

receive compensation from the Tribe. Before a volunteer can begin work, they

must sign a Volunteer Agreement, complete an application, undergo drug

screening, and a criminal history check which will be maintained in the Human

Resources Department. Volunteers are not considered employees of the Tribe, and

are not entitled to Tribal employee benefits.

(l)

Job Share

Job share means that two (or more) employees share the duties and benefits of one

full-time job. Each employee in a job share arrangement is considered a part-time

employee. Job share is permitted if beneficial to the Tribe. Leave will be pro-rated

based on hours worked. Other benefits will be based on eligibility requirements of

the specific benefit. At no time will combined benefits exceed one (1) full time

equivalent.

(m)

Student Interns

A student intern is an individual who can be compensated or not compensated and

is a student working for the Tribe to gain work experience in a field of study.

These individuals are considered work experience employees and are not eligible

for Tribal employee benefits, unemployment benefits, and are usually tax exempt.

PART 9

§ 2.843

EMPLOYEE LEAVE POLICY

ANNUAL LEAVE ACCRUAL & SELLBACK

(a)

Regular full-time Tribal employees will accrue annual leave based on their length

of employment with Tribal Administration, as follows:

Annual leave earned per month -

(b)

(1) Up to 2 years

(2) 2 to 4.99 years

(3) 5 to 9.99 years

(4) 10 to 19.99 years

(5) 20+ years

8 hours

10 hours

12 hours

14 hours

16 hours

Regular part-time Tribal employees will accrue prorated annual leave based on

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the number of hours worked compared to the full-time equivalency.

(c)

Regular employees will be paid for accrued annual leave upon termination of

employment. New probationary employees who are terminated shall not be paid

for annual leave accumulated during their probationary period.

(d)

Each Tribal employee will provide their supervisor with at least 24 hours advance

notice of planned absences and will obtain the approval of their immediate

supervisor before taking annual leave. Probationary employees will accumulate

leave at the regular rate; but may not use their annual leave during the first ninety

(90) days of the probation period. After the 90-day period, the immediate

supervisor may approve the use of annual leave. Employees with no break in

service will be eligible to use accrued annual or sick leave during the first 90 days

with supervisor approval.

(e)

Employees who voluntarily terminate employment with Tribal Administration

and employees who are laid off and are subsequently re-hired will be considered a

new employee, but will retain their annual leave accrual rate.

(f)

Employees who are transferred, promoted, or accept another position within

Tribal Administration will maintain their current hourly leave balance and annual

accrual rate.

(g)

Annual Leave sellback: Available 2 times per year:

(h)

(i)

(1)

Last pay period in May, and/or

(2)

The first or second pay period in December.

Annual Leave Sellback Requirements:

(1)

Must have used 20 hours of annual leave prior to the last pay period in

May to qualify for a sellback in May, and 40 total hours of annual leave

during the calendar year to qualify for sellback in December.

(2)

After sellback, must have combined annual leave or sick leave balance of

at least 40 hours.

Annual Leave Sellback form will be prepared and signed by the employee.

Sellbacks are subject to the approval of the supervisor and Chief Executive

Officer.

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(j)

Automatic Leave Sellback: Any employee carrying more than 320 hours as of the

last pay date in December will have their excess balance automatically paid out to

bring the balance down to 320 hours for the following calendar year.

(k)

Sellback Calculation: Pay rate to determine the sellback amount will be the

employees’ normal pay rate as of the sellback date (i.e. it will not include any

temporary differentials).

(l)

Emergency Use: Employee may request a leave sellback one time per calendar

year for emergencies as determined by the supervisor and CEO. Annual leave

requirements in section (h)(1) are not applicable to emergency use.

§ 2.844

SICK LEAVE ACCRUAL

(a)

Regular full-time Tribal employees accrue sick leave at the rate of 8 hours per

month, up to a maximum of 320 hours. Regular part-time Tribal employees will

accrue pro-rated sick leave based on the number of hours worked compared to the

full-time equivalency. Accrued sick leave will not be paid to an employee upon

termination, and sick leave is forfeited upon termination.

(b)

Probationary employees will accrue sick leave, but may not use their sick leave

during the first 90 days of the probation period. After the 90-day period, the

immediate supervisor may approve the use of accrued sick leave. Employees with

no break in service will be eligible to use accrued sick leave during the first 90

days with supervisor approval.

(c)

Sick leave is authorized only for medical necessity relating to the employee or an

employee's immediate family member, and may be used for the following

purposes only:

(d)

(1)

Illness;

(2)

Appointments with health care providers;

(3)

Hospitalization or outpatient treatment; or

(4)

Quarantine based on exposure to contagious disease, when documented by

a physician's statement.

Each Tribal employee will notify their immediate supervisor as soon as

possible after the need for sick leave is known. The supervisor may require the

employee to substantiate, by doctor's letter or similar document, that the sick

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leave was necessary. Sick leave of three (3) days or more duration shall require

documentation by doctor.

(e)

In addition to imposing disciplinary sanctions for abusing sick leave, the Chief

Executive Officer may disallow sick leave unwarranted under this section and

either charge it against an Employee's annual leave or consider it leave without

pay. Sick leave may not be used by an employee in lieu of annual or other

personal leave.

(f)

In cases where excessive absences of an employee are determined to be

negatively impacting work performance, clients, the worksite, or the Tribe, the

CEO shall have the authority to terminate employment.

(g)

Employees who are transferred, promoted, or accept another position within

Tribal Administration will maintain their current hourly leave balance.

§ 2.845

HOLIDAY LEAVE

(a)

The following shall be recognized and observed as paid holidays for

regular/Probationary Tribal employees. On the observance of these holidays by

Tribal government, all Tribal offices will be closed. Tribal employees who are in

leave without pay status the entire workday before or the entire workday

following a Tribal holiday will not receive holiday pay for the Tribal holiday.

(1)

New Year's Day

(2)

Martin Luther King's Birthday

(3)

President's Day

(4)

Memorial Day

(5)

Juneteenth

(6)

Independence Day

(7)

Labor Day

(8)

All Treaty Day September 10th

(9)

Indigenous Peoples’ Day

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(10)

Veteran's Day

(11)

Restoration Day

(12)

Thanksgiving Day

(13)

Native American Heritage Day

(14)

Christmas Day

(b)

In addition to the above holidays, the Tribal Council may close Tribal offices for

other official holidays or commemorations. Such holidays shall be paid, unless

decided otherwise by the Tribal Council.

(c)

Full-time regular and probationary employees will receive 8 hours of pay for

Tribal holidays. Part-time Employees will receive pro-rated pay, based on the

number of hours worked per week.

(d)

If a non-exempt employee is required and authorized by the Chief Executive

Officer to work on an official Tribal holiday, the employee will receive 1.5 times

the regular rate for the actual hours worked.

(e)

Tribal holidays will be observed on the same date such holiday is observed by the

federal government or on such date as designated by the Tribal Council. If the

Tribal holiday falls on a Saturday, it will be observed the previous Friday. If a

Tribal holiday falls on a Sunday, it will be observed the following Monday.

(f)

Tribal employees are not encouraged to work on Tribal holidays. If they do, no

additional compensation will be provided unless authorized in writing by their

supervisor and the CEO, who may also authorize compensation time as set forth

in this manual, as an alternative to paid compensation.

(g)

Temporary employees are not allowed to work any Tribal holiday or non-work

day without a supervisor present and CEO approval.

§ 2.846

FUNERAL LEAVE

(a)

Regular full-time employees may use up to five days or 40 hours of funeral

leave each calendar year. Funeral leave applies to the loss of an employee’s

human relative or loved one. Regular part-time employees may use pro-rated

funeral leave based on the number of hours worked compared to the full-time

equivalency. If additional days are required, the employee shall request

permission from their supervisor to use accrued annual leave. Probationary

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employees will be granted funeral leave during their probationary period with

supervisory approval.

(b)

§ 2.847

A Tribal employee who is designated by the Tribal Council to represent the Siletz

Tribe at a funeral is entitled to receive their regular pay for such attendance

without regard to the provisions of this section.

ADMINISTRATIVE LEAVE

The Chief Executive Officer may approve paid leave for administrative purposes as

follows:

(a)

JURY DUTY: Tribal employees who are required to serve on a jury will be

entitled to administrative leave for the period of time such service requires. If the

employee receives payment for such services, these funds will be surrendered to

the Accounting Department, excluding any mileage payment.

(b)

CULTURAL PRESENTATIONS: Administrative leave may be taken for triballyapproved cultural presentations to outside agencies, such as schools and nursing

homes, upon approval by the CEO. Employees are allowed up to one day, not to

exceed 8 hours, per month.

(c)

CULTURAL DAY: Employees are authorized one cultural activity per year.

Employees will receive 8 hours of administrative leave with supervisory approval

per calendar year. Paycheck stubs will show at the beginning of each year 8

(eight) hours of Culture. Cultural time is not available for carryover nor is payable

upon termination.

(d)

OTHER: Other types of administrative leave shall be approved at the discretion of

the CEO. Except for the staff representative, employees who volunteer for

Standing Committees will be required to use annual leave to attend committee

meetings, related training, and committee functions, if necessary.

(e)

SAFETY DAY: An employee who completes one year of employment without

any lost time due to injury shall be awarded a paid day off (Safety Day). New

employees will be eligible for a safety day after they complete one year of service

from their original hire date. After one year of service, time will be allotted by

calendar year. Paycheck stubs will show at the beginning of each year 8 (eight)

hours. Safety time is not available for carryover nor is payable upon termination.

If injured with a lost time injury, the leave balance will reset to zero and the

employee will not be eligible for a safety day until the beginning of the following

year.

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(f)

VETERANS HONOR GUARD: Administrative leave may be taken for approved

veteran presentations upon approval by the CEO. Employees are allowed up to

one day, not to exceed 8 hours, per month. CEO may approve additional time for

memorial services. If employee is on administrative leave, employee is not

eligible for stipend or honorarium.

(g)

EMERGENCY: Due to an emergency including but not limited to, natural

disaster, earthquake, fire, tsunami, pandemic, or other emergency as declared by

Tribal Emergency Declaration and shall be in effect until such time as the

Emergency Declaration has been suspended.

(h)

CROSS-DEPUTIZATION: Employees whose job descriptions require them to

participate or employees who have an approved request to participate in

interagency or intergovernmental actions, such as firefighting services, shall be

entitled to have paid or unpaid administrative leave approved for the time period

of cross-deputization for such actions. If the employee receives compensation or

pay from the partner agency or government, they shall either surrender those

funds to the Accounting Department and take paid administrative leave or they

shall keep those funds and take unpaid administrative leave, other than mileage

reimbursement.

§ 2.848

LEAVE WITHOUT PAY

(a)

Personal Leave

(1)

(2)

Adopted: 11/15/2002

Personal Leave may be granted for the following reasons:

(A)

Serious illness in the employee's immediate family requiring

attention of the employee.

(B)

Compelling personal business.

(C)

Extreme personal emergencies.

(D)

Approved absences during the first 90 days of the probation

period.

Requests for personal leave for less than two weeks shall be in writing on

approved leave slips and submitted in advance to the employee’s

immediate supervisor, and shall contain reasonable justification for

approval.

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(b)

(3)

Requests for personal leave in excess of two weeks shall be approved by

the Chief Executive Officer, and will be processed with a Personnel

Action Notice. In no case will personal leave be granted in excess of

twelve months.

(4)

Employees must exhaust other available leave balances prior to making a

request for personal leave. Personal leave is granted with the

understanding that the employee intends to return to work upon

completion of the leave and that the retention of the employee is desirable.

If the personal leave is for longer than 30 days, the written approval for

such leave shall contain a discussion of conditions, if any, for return of the

employee to their prior position

(5)

Requests for personal leave will only be granted when such leave can be

scheduled without adversely affecting the operation of the Tribal

Administration and when the needs of the employee are sufficiently

important to offset the cost and inconvenience to the Tribal

Administration. Personal leave will not be granted to allow an employee to

work for another organization or company unless approved in writing by

the CEO, with the concurrence of the Tribal Council.

(6)

The employee embarking on personal leave is responsible for making

necessary arrangements to continue participation in the group insurance

plan during their leave.

(7)

Employees on leave without pay will not accrue sick leave, annual leave,

or length of service accrual in their absence.

(8)

In cases where excessive absences of an employee are determined to be

negatively impacting work performance, clients, the worksite, or Tribal

Administration, the manager or supervisor shall have the authority to

initiate progressive disciplinary action up to and including termination.

(9)

A Personnel Action Notice must be completed to authorize the employee’s

return to work.

Military Leave

(1)

Adopted: 11/15/2002

Military leave will be granted to a regular employee who is drafted into

active duty with the Armed Forces of the United States. This section shall

not cover voluntary enlistment in the Armed Forces. Voluntary enlistment

in the Armed Forces Reserves and subsequent call-up shall be considered

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"drafted" under this section.

(c)

(2)

Upon honorable discharge from such service, the employee shall return to

a position in the same class as their last position held, at the salary rate

prevailing for such class, without loss of seniority or employment rights. If

it is established that they are not physically able to perform the duties of

their former position by reason of such service, they shall be reinstated to

other work that they are able to perform at the nearest appropriate group to

the former classification if at all possible.

(3)

Application for reinstatement must be made to the CEO at least 90 days

prior to separation from service. A decision on reinstatement shall be

made prior to the separation date. Employees must report to work within

30 days following separation from active military duty.

(4)

A regular full-time employee who is required to attend a summer

encampment of the Reserve of the Armed Forces or the National Guard

shall be granted a military leave for a period not to exceed thirty days in

any calendar year.

Educational Leave

(1)

§ 2.849

The CEO may approve educational leave not to exceed one year for such

purposes as attending a special school or completing a college degree.

Educational leave will only be granted when a training request and leave

form have been completed. The Human Resources Department will verify

that the educational request is job related, and that Tribal Administration

feels it is in the best interest of the Tribe. The employee shall be entitled to

reinstatement in their previous position at the end of the educational leave.

SILETZ FAMILY/MEDICAL LEAVE

(a)

The Tribe has elected to provide Siletz Family Medical Leave with employer and

employee responsibilities as described in this manual. The Human Resources

Department will promulgate regulations implementing this section and describing

procedures for employees.

(b)

Family/Medical leave may be granted for: the birth of a child; obtainment of a

child through adoption or foster care; to care for an immediate family member

with a serious health condition; or because the employee is unable to perform his

or her job because of a serious health condition.

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(c)

It is the policy of CTSI to grant up to twelve (12) weeks of Family/Medical leave

during a fixed twelve (12) month period, to eligible employees. Family/Medical

leave places the employee in a protected status, which means that the employee

cannot be terminated. Family/Medical leave protected status is only available

during the twelve (12) week period that Family/Medical leave is utilized.

Employees may use accrued leave balances prior to or following the use of

Family/Medical leave, subject to the normal approval processes for utilizing

accrued leave.

(d)

In order to qualify for Family/Medical leave the employee must have worked for

the Tribe for twelve (12) months, and worked at least 1250 hours in the previous

twelve (12) month period. The twelve (12) month Family/Medical leave

entitlement period shall be based on a fixed twelve (12) month period measured

from the first day leave is taken.

(e)

Employees on Family/Medical leave will have their insurance continued in the

same manner as if they were not on leave. Employees who are required to

contribute to part of the cost of health insurance or who pay for supplemental

coverage must make arrangements with the Human Resources Department for

timely payments of premiums. Annual and Sick leave will not accrue while an

employee is on unpaid Family/Medical leave.

(f)

Reasonable efforts will be made to place employees back into the same jobs they

left upon return from approved leave. If the same job is not available, an

equivalent position may be found. If the employee chooses not to return to work

for reasons other than a continued serious health condition of the employee or the

employee's family member or a circumstance beyond the employee's control, the

Tribe will require the employee to reimburse the amount paid for the employee's

health insurance premiums during the leave period.

§ 2.850

ANNUAL LEAVE DONATION POLICY (DAL)

(a)

This program is designed to aid employees suffering from any illness or injury to

the employee or to a member of an employee’s immediate family member by

enabling them to draw upon annual leave donated by other employees.

(b)

Employees may donate annual leave directly to another specified employee

suffering from illnesses/injuries pursuant to the terms and conditions set forth by

this policy.

The donated annual leave program is to allow Tribal employees to receive

donated leave for certain life events. The maximum usage for donated leave is 22

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days per calendar year from January 1st to December 31st. Employee may not use

DAL and Short-Term Disability together.

(c)

The following is the Policy. Please Note: The following provisions apply to all

donors and donor recipients in completing any Donated Annual Leave Program

forms.

(1)

DONATED LEAVE

Employees may donate accrued annual leave to another designated

employee who meets the requirements of this policy as long as the donor

has a sufficient leave balance to donate.

(2)

DONATED LEAVE CONVERSION

The Accounting Department will convert the donated leave into cash value

at the donor’s rate of pay, then shall re-convert the cash value to hours of

leave at the recipient’s rate of pay, and then credit the recipient’s account

for the equivalent hours.

(3)

ILLNESS

Donated leave may be used by a recipient only for an illness or injury of the

recipient or of an immediate family member diagnosed by a physician and

certified by the physician as rendering the employee or the member of the

employee’s immediate family unable to work.

(4)

OTHER REQUIREMENTS

Before receiving donated leave time, the requesting employee shall: (1)

have been a Tribal employee for at least ninety (90) days prior to the

request; (2) have used all of their sick leave, annual leave, and Safety Day;

and (3) have established medical justification, which must be renewed every

30 days.

(5)

PROGRAM MANAGEMENT

The Human Resources Department has developed the following forms and

process checklist for departments to implement the provisions of the policy:

• DL-1: Request for Donated Annual Leave

• DL-2: Request to Make a Direct Annual Leave Donation

• DL-3: Authorization to Release Information for Solicitation

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(6)

(8)

SOLICITATION FOR DONATED LEAVE

(A)

Employees must complete the Donated Annual Leave application

including the DL-3, “Authorization to Release Information for

Solicitation Purposes.” The DL-3 must contain the language the

employee would like the Human Resources Department to include

in the solicitation for donated leave.

(B)

The Human Resources Department will issue a tribe-wide

solicitation. The solicitation must contain the language provided by

the employee.

(C)

The Human Resources Department will process all donations

received as the result of the Tribal solicitation.

(D)

The Accounting Department will process approved donations.

EXCESS LEAVE DONATIONS

In the event that annual leave donations outweigh the employee’s needs, the

balance will be prorated and returned to the donor’s leave balance. Donations will

be processed in the order that they are received.

PART 10 DISCIPLINARY ACTION

§ 2.851

GENERAL PRINCIPLES

(a)

A Tribal manager, administrator, or supervisor may take disciplinary action, up

to and including discharge, against Tribal employees when there is sufficient

cause. A Tribal manager, administrator, or supervisor will have the discretion to

determine whether or not there is sufficient cause for disciplinary action, and if so

what level of discipline is appropriate within the guidelines set forth in this

manual.

(b)

Whenever possible, discipline shall be of increasingly progressive severity.

However, if an employee's misconduct is so egregious as to pose a threat to the

physical safety of other persons, Tribal property, or to impair the operation of the

program so as to render impractical their continued employment, the employee

may be immediately discharged by the Chief Executive Officer.

(c)

A written notice shall be given to each employee for each disciplinary action,

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stating the reasons for the disciplinary action, the date it shall take effect, and the

employee's appeal rights. The notice shall be given to the employee at the time

such action is taken. With the exception of informal reprimands, a copy of all

such notices, signed by the employee, shall be placed in the employee's personnel

file and shall serve as evidence of delivery. If an employee refuses to sign the

notice, such refusal shall be documented.

(d)

§ 2.852

A non-probationary employee may appeal any disciplinary action, including

discharge, under the relevant employee appeal policy set forth at STC § 2.868 of

this manual.

CONDUCT POLICY

(a)

Introduction. All employees and volunteers shall adhere to this Conduct Policy

or be subject to the enforcement procedures outlined below. Tribal Council will

follow their Ethics Policy and are not bound by this conduct policy.

(b)

Tribal Identification Badges: All employees must wear their tribal employee

identification badges so that they are visible at all times. Additionally, employees

must use their tribal employee identification to badge in and out of their

workplace location at the beginning of the workday and throughout the workday

if they leave the premises to create an electronic record of attendance.

(c)

All employees shall comply with and recognize the laws, policies, priorities,

and procedures of the Tribe now in effect or issued in the future.

(d)

No employee shall use their position to threaten, intimidate, or attempt to

influence another employee or any department in any manner inconsistent with

the laws, policies, priorities, and procedures of the Tribe.

(e)

No employee shall deviate from established Tribal policies without written

authorization of the employee's supervisor, or if the employee has no supervisor,

the Tribal Council or their delegate.

(f)

Employees are expected at all times to conduct themselves in a positive manner

so as to promote the best interests of the Tribe. A failure to behave in accordance

with such expectations may subject an employee to disciplinary action. Such

conduct includes:

(1)

Adopted: 11/15/2002

Complying with all applicable laws (including criminal laws), policies,

regulations or procedures. If the Chief Executive Officer has reasonable

grounds to believe an employee has violated this subsection, where an

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investigation is ongoing, a conviction, guilty plea or plea of no contest has

not been obtained, the CEO shall have the authority to place any employee

directly involved with the investigation on suspension, with or without

pay:

(g)

(A)

until an investigation is complete; or

(B)

when an employee has been charged with a serious crime, pending

resolution of any court proceedings related to the accusation of

such crime.

(2)

Complying with all Tribal safety and security regulations.

(3)

Maintaining work place and work areas cleanliness and orderliness.

(4)

Treating all customers, visitors, and fellow employees in a courteous

manner.

(5)

Refraining from behavior or conduct deemed offensive, undesirable, or

contrary to the Tribe's best interests.

(6)

Failing to report to the employee's supervisor, and/or a designated

management staff person, behavior or evidence indicative of conduct by

fellow employees or clients in violation of any applicable laws, ethical

obligations, or policies. The employee’s supervisor shall immediately

forward the report to the CEO.

(7)

Modeling positive behavior when working with children and youth. This

includes but not limited to, managing personal behavior when representing

the Tribe or Tribal Programs, refraining from smoking and/or alcohol use

during an event sponsored by the Tribe, and modeling appropriate

language and conduct.

The following conduct is prohibited and will subject the individual involved to

disciplinary action:

(1)

Adopted: 11/15/2002

Reporting to work under the influence of alcohol and/or controlled

substances, including narcotics, or the sale, use, distribution, or possession

of alcoholic beverages and/or controlled substances or narcotics on Tribal

property. This prohibition does not apply to prescription medications

prescribed by a licensed physician to the employee.

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(2)

The use of profanity or abusive language.

(3)

The possession of firearms or other weapons at the workplace, unless

authorized otherwise by the CEO or applicable law.

(4)

Insubordination or the refusal by an employee to follow a supervisor's

authorized instructions concerning a job-related matter.

(5)

Fighting or assault on a fellow employee or client.

(6)

Theft, destruction, defacement, or misuse of Tribal property or of another

employee's property.

(7)

Altering without authority, or falsifying, any Tribal record or report.

(8)

Threatening or intimidating supervisors, Tribal officials, co-workers, or

clients.

(9)

Violations of the dress code.

(10)

Engaging in any violation of the Productive Work Environment Policy.

(11)

Violating the procedures for disclosing confidential information as

outlined in this manual, STC § 2.809, Confidential/Privileged Information.

(12)

Attempting to enter into a non-professional and/or non-consensual

relationship with a subordinate employee, client, patient, consumer, and/or

contractor.

The examples provided above are illustrative of the type of behavior that will not be permitted,

but are not intended to be an all-inclusive listing. Any questions with this policy should be

directed to the Human Resources Director.

(h)

Favors or Gifts: Employees shall not accept any favors, gifts, or other personal

benefit, excluding meals and food, from any vendor, contractor or individual firm

having, or proposing to have business with the Tribe, when the value of such

item(s) exceeds $500. Any Tribal employee who receives such favor or gift will

notify their supervisor immediately and will return any received item(s)

immediately.

(i)

Conflict of Interest: No employee shall engage in any decision, which may likely

result in a financial benefit or advantage to them, or their immediate family.

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Immediate family includes parents, children, spouses, siblings, or any other

person living in the same household. Adoptive family members are included in

this definition. A conflict of interest does not exist when an employee's decision

benefits a general class of persons. A conflict of interest exists when an employee

participates in any job interview where a qualified applicant for that job is a

member of the employee's immediate family.

(j)

Contract Awards: No contract for services to the Tribe or any Tribal Programs

will be entered into if a Tribal employee has an interest in the contracting entity

without full disclosure to the Tribal Council, and approval of the Tribal Council

prior to executing such contract.

(k)

Supervision of Relatives. No Tribal employee will directly supervise or be

supervised by a member of the employee's immediate family.

(l)

Appeals of Enforcement. Tribal employees may appeal disciplinary decisions as

provided in this Manual.

§ 2.853

GROUNDS FOR DISCIPLINARY ACTION

(a)

Tribal employees shall not violate the established rules and regulations of Tribal

Administration. Conduct outside of work shall not be covered by these rules

except as such conduct impacts job performance or violates the Conduct Policy as

set forth in STC § 2.852 of this manual.

(b)

Just cause for discipline, up to and including discharge, shall include, but not be

limited to the following infractions:

(1)

Verbal harassment or intimidation of a Tribal employee, official, or client.

(2)

Use of foul or abusive language.

(3)

Assaulting or threatening to assault a Tribal employee, official, or client.

(4)

Refusal to carry out the directions or instructions of Tribal supervisors.

(5)

Any violation of the Personnel Manual.

(6)

Any violation of the Drug Free Workplace Policy

(7)

Excessive absenteeism, leave abuse, or tardiness.

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§ 2.854

(8)

Misusing or damaging Tribal property.

(9)

Failure to follow the employee grievance/appeal procedure in this manual

or circumventing its provisions.

(10)

Instituting or threatening disciplinary action against an Employee without

justification.

(11)

Intentionally or recklessly endangering the safety of other Tribal

employees or violating safety rules and standards.

(12)

Disclosure of confidential information.

(13)

Deliberately falsifying Tribal records or deceiving Tribal supervisors

about job-related activities.

(14)

Theft or destruction of the property or funds of the Tribe, or another Tribal

employee.

(15)

Falsification or intentional misrepresentation of a material nature on an

employee's application for employment.

(16)

Unsatisfactory job performance, after being given the means and

opportunity to improve.

(17)

Failure to return to work after an approved leave of absence or suspension.

(18)

Any violation of the Productive Workplace policy.

(19)

For probationary employees, failure to satisfactorily perform their new job

duties within the 180-day probation period at a satisfactory level.

(20)

Engaging in criminal activity on or off the premises.

(21)

Unexcused and/or excessive absences from work.

(22)

Unauthorized internet use.

LEVELS OF DISCIPLINARY ACTION

Disciplinary action can take the following forms: Oral or Written Reprimands,

Suspension, Probation, and Discharge. Factors to be taken into consideration in

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determining appropriate disciplinary action include, but are not limited to: severity and

frequency of the infraction, level of responsibility of the employee, and employee's work

history with the Tribe. If an offense is sufficiently egregious, the employee may be

discharged immediately by the Chief Executive Officer.

§ 2.855

ORAL OR WRITTEN REPRIMAND

(a)

Oral Reprimand. Oral reprimands are informal disciplinary actions and are the

least severe form of discipline. An oral reprimand may be documented and used

to support subsequent formal disciplinary action, but oral reprimands do not

become part of the employee’s personnel file unless used to support subsequent

discipline. Oral reprimands are not appealable under this manual.

(b)

Written Reprimand. Written reprimands shall be in writing and placed in the

employee's personnel file. A written reprimand is a formal disciplinary action.

Written reprimands shall provide detailed corrective action(s) to the employee.

§ 2.856

SUSPENSION

A disciplinary suspension will extend no longer than two weeks from the date of

the supervisor's decision. During the period of suspension, the employee may not earn

any salary and will not accrue or use any annual or sick leave.

§ 2.857

PROBATION

A disciplinary probation will extend no longer than sixty (60) days from the date of the

Administration’s decision, or until resolution of any appeal filed by the employee.

During the period of probation, the employee will not be entitled to take annual or sick

leave without the approval of the Chief Executive Officer. The employee shall work with

their supervisor or manager to create a work plan to remedy the circumstances that

warranted disciplinary action, if appropriate and applicable.

§ 2.858

DISCHARGE

(a)

Discharge will take effect immediately on the date of the Chief Executive

Officer’s authorization.

(b)

The Tribe will not re-hire a discharged employee for a period of one hundred and

eighty (180) days after the discharge becomes final. The 180-day penalty will not

apply to new employees who are discharged, while on probation, for inability to

perform job duties at a satisfactory level. However, any probationary employee

who is discharged due to disciplinary action shall be subject to the 180-day

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penalty. If an employee is terminated due to drug or alcohol abuse or misuse, the

penalty for re-hire eligibility shall follow the guidelines set forth in the Drug Free

Workplace Policy, STC § 2.875, of this manual.

If an employee is terminated for egregious conduct, the CEO may determine that

they are no longer eligible for employment with the Tribe.

(c)

The CEO may delegate their authority to discharge employees to another Tribal

manager, administrator, or supervisor, either on a case-by-case basis or by general

order, on such terms as they believe will best serve the interests of Tribal

Administration.

PART 11

§ 2.859

TERMINATION OF EMPLOYMENT

DISCHARGE AUTHORITY

Recommendation for discharge may be made by the immediate supervisor and approved

by the department manager, and Chief Executive Officer. The CEO makes the final

authorization and determination for discharge. The CEO has independent authority to

authorize discharge. The CEO’s discharge decision shall be final for the Tribe.

§ 2.860

PROCEDURES FOR DISCHARGE

A supervisor who believes that discharge of an employee is justified will document the

reasons for discharge, and submit them to all appropriate levels of supervision, for

review. If discharge is approved, the supervisor will contact the Human Resources

Director so a Personnel Action Notice can be completed. If the CEO independently

authorizes discharge, they shall document the reasons for discharge and contact the

Human Resources Department so a PAN can be completed.

The employee's final timesheet must immediately be forwarded to the Accounting

Department for immediate preparation of the employee's final pay after the discharge

PAN is completed. The supervisor shall ensure that keys, equipment, and other Tribal

property have been returned before the release of the employee’s final paycheck. The

Accounting Department will ensure that advances have been collected and accounted for,

annual leave has been calculated, and any amounts due to the Tribe have been withheld

from the final payroll check prior to issuance. Refusal to return Tribal property will result

in the value of the property and incidental expenses being deducted from the employee's

final paycheck.

§ 2.861

LAYOFF & FURLOUGH (REDUCTION IN FORCE)

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(a)

A layoff or furlough is an action to reduce the number of employees in a work

unit or at the Tribe overall. A layoff or furlough may become necessary due to

reduced funding, reorganization, or emergency circumstances. Employees who

are to be laid off or furloughed for such reasons shall be given written notice

thirty (30) days prior to their termination date, or as much notice as reasonably

possible under the circumstances. The Chief Executive Officer must authorize the

layoff or furlough.

(b)

In all situations warranting a reduction in force, the CEO shall authorize a

furlough over a layoff in order to avoid substantial adverse impacts to employees.

It is the policy of the Tribe that employees are to be furloughed or laid off only

after examining all other available alternatives, including delay in the filling of

vacant positions, position re-design and work unit reorganization, and job sharing.

(c)

Furloughs. A furlough shall not constitute a break in continuous service.

Employees shall not perform any work while furloughed, including work-related

communications, training, and travel. During a furlough, employees shall not

continue to accrue leave, but shall continue to receive all other benefits. Upon

return to work, employees may be entitled to back pay for the period of furlough.

(d)

Layoffs. Prior to the layoff date, the CEO shall grant a request by the laid off

employee to follow the procedures outlined in STC § 2.825, Procedures for

Filling Job Vacancies - Transfers. With respect to such employee, if suitable work

cannot be found prior to the layoff date, the employee will be offered the

opportunity to fill job vacancies for which they meet the qualifications, for a

period of one hundred and eighty (180) days from the date of termination. The

laid off employee will not have to interview for the position. The laid off

employee will be notified of a pending opening and offered the position. It is the

responsibility of the laid off employee to notify the Human Resources Department

of changes in address and telephone numbers. If an employee cannot be reached

within ten (10) working days after documented date of notification, the position

shall be advertised normally.

(e)

When two or more employees are on layoff or furlough status and meet the

qualification for a vacancy, the laid off or furloughed workers shall be

interviewed under STC § 2.825 of this manual to determine which worker will be

selected to fill the vacancy.

(f)

If a laid off employee is re-hired within one hundred and eighty (180) days of the

layoff, such re-employment shall not constitute a break in service for purpose of

Tribal benefits.

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(g)

§ 2.862

This policy does not apply to any employee who has been working under a grant

provided by an outside entity of limited duration. Such positions shall be

designated as a "limited duration" position.

RESIGNATIONS

(a)

Employees are requested to give at least two (2) weeks written notice of

resignation. Directors, managers, Gaming Hearing Officers, and the Tribal

Attorneys shall give at least thirty (30) days’ notice of resignation. Resignation

letters shall be submitted to, and accepted by, the employee's immediate

supervisor.

(b)

When an employee gives written notification of their resignation, the Tribe

will not be obligated to accept a withdrawal of the written resignation. It is at the

discretion of the employee's supervisor and the Chief Executive Officer to

approve a request from the employee to withdraw their resignation.

(c)

The supervisor shall ensure that keys, equipment, and other Tribal property have

been returned. The Accounting Department will ensure that advances have been

collected and accounted for, annual leave has been calculated, and any amounts

due to the Tribe have been withheld from the final payroll check prior to issuance.

Refusal to return Tribal property will result in the value of the property and

incidental expenses being deducted from the employee's final paycheck.

§ 2.863

EXIT INTERVIEWS

(a)

All persons who leave employment with the Siletz Tribe shall be offered an exit

interview with the employee relations manager.

(b)

The interview shall discuss reasons for resignation; status of work completed and

assignments pending; and return of Tribal property and Tribal employee

identification card.

(c)

The employee relations manager shall document, as accurately as possible, the

contents of the exit interview and forward this documentation to the Human

Resources Department to be placed in the employee's personnel file.

PART 12

GRIEVANCES AND EMPLOYEE APPEALS

All work-related grievances and disputes which occur between employees shall be

resolved by following the Grievance Policy. An employee’s complaint regarding another

employee’s job performance while providing official services or other official activity on

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behalf of the Tribe to the complainant is not a grievance subject to this process. Such

complaints will be directed to the direct supervisor of the complained-about employee.

This Grievance Policy shall not be used to resolve disciplinary or adverse personnel

actions, which shall be resolved in accordance with the Employee Appeal Policy,

STC § 2.868.

A formal grievance is the only process available for the formal resolution of employee

grievances. Employees who do not follow these procedures to resolve grievances may be

subject to disciplinary action.

It is the policy of the Tribe that job-related difficulties be resolved informally whenever

possible. However, when informal methods have failed to achieve a satisfactory

resolution, or if an employee chooses not to utilize the informal resolution process, an

aggrieved employee shall follow the formal grievance procedures of this section.

GRIEVANCE POLICY

§ 2.864

INFORMAL GRIEVANCE RESOLUTION

(a)

It is the intention of the Siletz Tribal Council and the policy of those charged with

administering Tribal government to provide procedures for resolving disputes

involving two or more employees, in a manner that is respectful in its process and

supportive of all people's dignity.

(b)

It is the policy of the Tribe to resolve employee related disputes as soon as

appropriately possible after they arise. Employees are expected to make every

effort to resolve job-related dispute or problems with the other employees in an

informal, respectful manner. An employee shall initiate an attempt to informally

resolve any dispute within three (3) working days after the event occurred, or

three working days after the employee should reasonably have been made aware

of the event giving rise to the problem, whichever is later. An employee may

choose to make use of the formal grievance policy rather than use this informal

grievance policy, without incurring penalty or disciplinary action as a result of

their choice. FOR INFORMAL RESOLUTION GUIDANCE PLEASE SEE

HUMAN RESOURCES FOR A PAMPHLET.

§ 2.865

FORMAL GRIEVANCES POLICY

(a)

Step 1. File a written statement with the immediate supervisor of the employee

you are filing a grievance against (the opposing employee). The person filing the

grievance is called the complainant.

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(b)

(1)

The complainant must submit the grievance in writing within ten (10)

working days of the dispute's occurrence, or ten (10) working days after

the complainant should reasonably have learned of the event giving rise to

the grievance, whichever is later. This time requirement shall exist and

continue to run even if the employees are engaged in informal grievance

resolution process. The complainant must submit their written grievance

with the immediate Supervisor of the opposing employee. The written

grievance must explain the problem or dispute that is the basis for the

grievance, any attempts to informally resolve the problem, and a

description of what remedy the complainant seeks to resolve the dispute.

The complainant must attach all relevant documentation to their grievance.

(2)

The immediate supervisor of the opposing employee shall investigate the

grievance, including obtaining the opposing employee’s response to the

description of the dispute and proposed solutions. The supervisor shall

respond in writing to the grievance within ten (10) working days after

receiving the grievance (excluding date of receipt of the grievance),

describing their decision and setting forth the reasons behind it. Both

employees will acknowledge in writing receipt of the supervisor's

decision. The supervisor will give a copy of the acknowledged decision to

both employees and will route the decision to the Human Resources

Department to be placed in both employees’ personnel files.

Step 2. Filing Second Level Grievance - Appeal to a Higher Level

(1)

(c)

If the employee’s grievance is not resolved satisfactorily at Step 1 either

employee may choose to submit the grievance to the manager level, within

five (5) working days after receipt of the immediate supervisor's written

response or the date by which the employee should have received the

supervisor's response (excluding date of receipt of the grievance). The

relevant manager is required to respond to the grievance in writing,

describing their decision and setting forth the reason behind it, within ten

(10) working days after receipt of appeal. In the event that the decision is

not satisfactory to either employee, the next level is the Chief Executive

Officer. The CEO will follow the procedures in step 3.

Step 3. Discretionary Review by the CEO.

(1)

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Upon completion of Step 2, if either employee is dissatisfied with the

decision in Step 2, the employee may request further review by the CEO.

The employee's request must be in writing, and must be submitted to the

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CEO within five (5) working days from the date of the manager's decision

or the date the manager should have issued a decision. The CEO shall

have complete discretion to uphold or overturn the decision of the

manager, or to refer the grievance to a Conflict Resolution Mediator

selected by the CEO. In making their decision on a grievance, the CEO

shall consider factors such as broad importance of the grievance to tribal

operations, and whether the issue has been decided in a previous appeal. If

the CEO decides not to refer the grievance to a Conflict Resolution

Mediator, the CEO shall issue their decision on the grievance within ten

(10) working days after receiving the appeal (excluding date of receipt of

the appeal). The decision will be issued in writing and a copy given to the

employee.

(2)

§ 2.866

Except in the case where a Conflict Resolution Mediator is appointed by

the CEO, the CEO’s decision under this section will be final for the Tribe.

If a Conflict Resolution Mediator is appointed, the Mediator will inform

the CEO whether resolution of the grievance has been reached, which

resolution shall be entered by the CEO as the final decision of the Tribe. If

the mediator cannot achieve resolution of the grievance, the grievance

shall be returned to the CEO for final decision pursuant to this section.

GRIEVANCE CONFLICT OF INTEREST

In any situation where it would be a conflict of interest for a supervisor or manager to

hear and/or decide a specific grievance, or if for any reason a supervisor or manager

excuses themselves from hearing or deciding a specific grievance, that supervisor or

manager will forward the grievance to the next higher level of supervision. If that level is

the Chief Executive Officer, the CEO may appoint an alternate supervisor or manager to

hear and decide the grievance.

§ 2.867

PROCEDURE WHERE GRIEVANCE IS AGAINST THE CHIEF

EXECUTIVE OFFICER

(a)

An employee who has a grievance against the Chief Executive Officer may

attempt to resolve their grievance against the CEO informally using the

procedures set out in STC § 2.864. If informal resolution is not successful or the

employee chooses not to pursue informal resolution, the employee shall file their

grievance directly with the Tribal Council. The grievance policy shall not be used

to appeal any personnel decision made by the CEO against an employee; such

actions may be appealed only as set forth in STC § 2.868 below. The grievance

shall be submitted in writing to the Tribal Council Executive Secretary within ten

(10) working days of the event's occurrence, or ten (10) working days of the date

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the employee should reasonably have learned of the event giving rise to the

grievance, whichever is later (excluding date of receipt of grievance).

(b)

The Tribal Council shall review and respond to the grievance as they deem

appropriate, and may conduct a hearing and /or request submission of

documentation and testimony as is necessary to decide the grievance. The Tribal

Council will decide grievances made against the CEO within 45 days unless they

deem a longer time is necessary. If an individual Tribal Council member has a

conflict of interest or excuses themselves from hearing or deciding a specific

grievance against the CEO, they will recuse themselves from that specific

grievance after stating the reason. The Tribal Council’s decision as to a specific

employee grievance against the CEO shall be final for the Tribe.

EMPLOYEE APPEAL POLICY

§ 2.868

EMPLOYEE APPEAL OF DISCIPLINARY OR ADVERSE PERSONNEL

ACTION

(a)

An employee may appeal a disciplinary or adverse personnel action (“the action”)

taken against them. An appeal must be submitted in writing within ten (10)

working days after employee's receipt of the written action (excluding the date of

receipt of the action) to the supervisor or person who issued the original action.

(b)

The appeal shall explain the reasons why the employee is appealing the action and

the remedy the employee is requesting. The supervisor or manager deciding the

appeal may receive written statements or documentation relevant to the appeal

from either the employee or from the Tribal Administration, and may conduct a

hearing if they decide a hearing would be appropriate. The supervisor or manager

deciding the appeal shall make their decision within ten (10) working days after

receiving an employee’s appeal, provided that the time for deciding will be

extended by the amount of time necessary to schedule and conduct the hearing.

Such decision shall be made in writing and shall contain an explanation of the

reason for the decision, and shall be given to the employee.

(c)

In the event the employee is dissatisfied with the decision made on their appeal,

they may appeal that decision to the next level of the departmental supervision

within five (5) working days after receipt of the decision set out in the previous

paragraph. The time frame will be the same as the above paragraph.

(d)

In the event the employee is dissatisfied with the decision made on their appeal,

they may appeal that decision to the Chief Executive Officer within five (5)

working days after receipt of the decision set out in the previous paragraph. The

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appeal shall be submitted in writing and shall set out the reasons why the decision

is wrong and the remedy requested.

(e)

The CEO shall have complete discretion whether to affirm, overturn, or review

the department manager’s decision, either by the CEO’s own review or by

designating, in writing, another manager who will be assigned to review the

appeal, or finally, if warranted, by a review board. A review board will be used

only where warranted (see STC § 2.869(c)). The CEO will provide a copy of this

written designation to the employee within ten (10) days after receiving the

appeal. The designated decision maker shall decide the appeal within five (5)

working days after receipt of assignment. The decision shall include an

explanation of the findings of facts leading to the decision and the tribal rules,

laws or regulations applicable to the decision, and copies shall be provided to the

employee, manager, supervisor and Human Resources. The decision made at this

level of appeal shall be final for the tribe, except as set forth in STC § 2.869

below.

(f)

In the event any supervisor or manager has a conflict of interest in deciding a

particular employee appeal, or otherwise recuses themselves for any reason from

hearing any such appeal, the appeal shall be forwarded to the next level of

supervision for decision. If that level is the CEO, they may appoint another

supervisor or manager to determine the employee discipline appeal.

(g)

If the CEO disciplines an employee they directly supervise and that employee

appeals, a review board must be empaneled pursuant to STC § 2.869.

REVIEW BOARD POLICY

§ 2.869

REVIEW BOARD

(a)

A review board may be used only as set forth in this Section. The review board

will be used, if it is empaneled, to hear an appeal of (1) a termination decision

made pursuant to STC § 2.860, or (2) an additional appeal of disciplinary or

adverse personnel action taken pursuant to STC § 2.851 et seq. A review board

may consist of any three (3) managers and/or supervisors appointed by the Human

Resources Department. The Human Resources Department may also appoint a

review board consisting of members from outside Tribal Administration,

including but not limited to outside legal counsel, investigatory firm personnel,

human resources consultants, or members of other tribal entities.

(b)

Request for a Review Board - General. Upon completion of the above steps under

STC § 2.868, if the employee is dissatisfied with the disciplinary or adverse

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personnel decision or if the employee desires to appeal a termination decision

made by the CEO under STC § 2.860, the employee may make a request to have

the decision reviewed by a review board. The employee's request shall be

submitted in writing to the CEO within ten (10) working days from the date the

employee was given the last decision. The request shall state whether the

employee wants to have a hearing before the review board, if one is empaneled. If

the request does not include a request for a hearing, it will be presumed that no

hearing will be conducted.

(c)

CEO Discretion to Empanel a Review Board in Disciplinary or Adverse

Personnel Action Appeals: The CEO shall have complete discretion whether

empanel a review board with regard to a particular disciplinary or adverse

personnel action decision. In making their decision, the CEO shall consider

factors such as the importance of the particular issue to tribal administration or

operations, and whether the same or a similar issue has been addressed in a

previous appeal. If the CEO decides that a review board will not be empaneled,

the decision will be issued in writing within ten (10) working days after receiving

the appeal request, and shall be given to the employee, department manager, and

the Human Resources Department.

(d)

If the CEO does not refer a disciplinary or adverse personnel action appeal to a

review board, the CEO’s decision to affirm or overturn a discipline decision will

be final for the Tribe. A copy of the CEO’s discipline decision will be placed in

the employee's personnel file.

(e)

Review Board Procedures Regarding Appeals of Disciplinary or Adverse

Personnel Actions: If the CEO decides to empanel a review board to review an

action under STC § 2.868, the following procedures shall be followed after the

Employee has been notified in writing of the CEO’s decision to empanel a review

board.

(1)

The review board will be appointed and empaneled within five (5)

working days of deciding to approve the request. The CEO will notify the

employee in writing that the review board has been empaneled. The notice

shall inform the employee that if the employee did not ask for a hearing in

the request for a review board, no hearing will be held unless the

employee requests one within five (5) days.

(2)

The review board shall have fifteen (15) working days after being

empaneled within which to review the appeal and hold any hearing or

meeting it deems as appropriate in the matter. Such time may be

reasonably extended by the CEO if necessary under the circumstances.

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(f)

(3)

The review board may accept submissions of written statements and

documentary evidence from both parties, if requested, and may hold a

hearing to take oral testimony or receive evidence.

(4)

Upon completing its review of an appeal as set forth in paragraph 2, the

review board shall have ten (10) working days in which to consider the

matter and render its written decision, provided, that the review board may

be granted a ten (10) day extension of time to render its decision by the

CEO.

(5)

The review board will issue its decision in writing, with a copy given to

the employee and to the CEO. A copy of the decision will be given to the

Human Resources Director, and a copy will also be placed in the

employee's personnel file. The decision of the review board shall be final

for the Tribe.

Review Board Procedures: Termination Appeals. If an employee requests that a

review board be empaneled to review an employment termination decision under

STC § 2.860, the Human Resources Department shall empanel a review board to

evaluate whether the termination should be upheld or overturned. The review

board is the only administrative review for non-probationary terminations. The

following procedure will be followed when an employee requests that a review

board be empaneled to review a termination decision made by the CEO.

(1)

The employee's request to empanel a review board to review a termination

decision must be submitted in writing to the CEO within ten (10) working

days after the date the employee received written notification of the

CEO’s termination decision.

(2)

A review board will be empaneled by the CEO within five (5) working

days of receiving a request from an employee.

(3)

Within five (5) working days after being empaneled, the review board will

set a hearing date, if one was requested, which must be within ten (10)

working days and/or a date to submit additional documentary evidence or

written statements. Notice of the date, time and location of the hearing will

be mailed to all interested parties.

(4)

The employee may, at their discretion, waive a hearing by failing to

request one as directed herein or by explicitly stating that no hearing is

requested. If the employee waives a hearing, the review board decision

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must be completed within thirty (30) days after being empaneled.

(5)

The review board shall have discretion over the procedure to follow at the

hearing, except that the employee and CEO or their designee shall have

the opportunity to make a statement to the review board and to present any

relevant evidence and/or witness testimony at any hearing.

(6)

After the hearing, if one has been scheduled, or at any time after being

empaneled if no hearing is requested, the review board will review the

appeal and decide whether to uphold or overturn the appeal. The standard

of review that the review board must apply is that a discharged employee

has the burden of proof to show that there was no reasonable basis for

their termination.

(7)

The review board will reduce its decision to writing and give a copy to the

employee, the CEO, and the Human Resources Director. The review

board's decision will be made within sixty (60) days of being empaneled

unless the CEO has granted an extension of time. If the review board

upholds the termination, the decision will be final for the Tribe. If the

decision of the review board is to overturn the termination, the matter will

be remanded to the CEO for reconsideration in light of the review board’s

finding of facts and conclusions of law. A copy of the review board’s

decision will be placed in the employee's personnel file.

(8)

If the review board’s decision does not accord with their duties under the

Personnel Manual, the CEO may send the decision back for

reconsideration by the review board. The review board must address the

reasons for reconsideration and issue a decision within fifteen (15) days of

the CEO’s determination to send the decision back.

PART 13

§ 2.870

HUMAN RESOURCES RECORDS AND REPORTS

EMPLOYEE PERSONNEL RECORDS

(a)

Personnel records for each employee will be maintained in the Human Resources

Department. These records will include:

(1)

Employee's job application.

(2)

A copy of the job description under which the employee was hired and

any signed updates.

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(3)

Training/education obtained while working for the Tribe.

(4)

All records relevant to informal and formal grievance/appeal procedures

concerning the employee.

(5)

Evaluations.

(6)

Any work plans developed for the employee.

(7)

Personnel Action Notices.

(8)

Exit interview information.

(9)

Any other information relevant to the employee's employment with the

Tribe.

(10)

Disciplinary actions and memos.

(b)

Employee records are confidential, accessible only to the employee, their

supervisors, Chief Executive Officer, Human Resources Department staff, and the

Tribal Attorneys for official business reasons. A "Request for Employee

Information from the Personnel Records" form must be completed and approved

by the CEO in order to access an employee's personnel file.

(c)

Other than those identified above, a release form signed by the employee must

accompany all other requests for personnel information.

(d)

A Personnel Action Notice shall be used to initiate and/or update personnel

records. The Personnel Action Notice must have the appropriate signatures before

any action is to take place and be considered official.

§ 2.871

(a)

PERSONNEL REPORT

The Human Resources Director will provide a monthly written report to the

Tribal Council on any changes in personnel matters under their authority. The

Human Resources Director's monthly personnel report to the Tribal Council will

include at a minimum:

(1)

The names, positions, responsibilities, and compensation levels for new,

transferred, and rehired employees.

(2)

The names, positions, and compensation levels for all employees who

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have received performance evaluations during the month.

(b)

(3)

The names, positions, and compensation levels for all employees who

have received compensation adjustments during the month.

(4)

The names and positions for all Tribal employees who have left Tribal

government, including reasons for their termination.

(5)

The status of all recruitment efforts to fill Tribal government vacancies.

(6)

Any other personnel matter the Human Resources Director deems

necessary to be brought to the attention of Tribal Council.

The Human Resources Director's monthly report to the Tribal Council will be

considered confidential and will not be available to persons other than the Human

Resources Director, Chief Executive Officer, Chief Administrative Officer, and

members of the Tribal Council.

PART 14

§ 2.872

EMPLOYEE ASSISTANCE PROGRAM

PURPOSE

(a)

The Employee Assistance Program (EAP) exists primarily to promote the

employee’s wellbeing, to assist Tribal employees in retaining their jobs, and to

provide the Tribe with options necessary to retain valued employees.

(b)

The goal of the EAP is to create a safe and healthy work environment; improve

the quality and quantity of services being rendered, and improve the wellbeing of

all Tribal employees.

§ 2.873

BACKGROUND

(a)

Supervisors should be aware that the proper functioning of any organization is

directly

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