# APRIL 2008 CROW TRIBAL LEGISLATURE REGULAR SESSION > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A7e56f7c079ea7d3f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text , ( APRIL 2008 CROW TRIBAL LEGISLATURE REGULAR SESSION LEGISLATIVE RESOLUTION NO. LR08-06 INTRODUCED BY: SENATOR OLIVERHALF JR. CHAIRMAN OF THE CROW TRIBAL LEGISLATURE PERSONNEL SUB·COMMITTEE LEGISLATIVE RESOLUTION OF THE CROW TRIBAL LEGISLATURE ENTITLED: "APPROVING AND ADOPTING PERSONNEL PRACTICES AND POLICY MANUAL." WHEREAS, the Crow Tribal Legislature is authorized to adopt resolutions, regulations and guidelines for the governance ofthe Crow Tribe ofIndians, pursuant to Article V, Section 2(a) ofthe Constitution and Bylaws of the Crow Tribe of Indians, approved by the Secretary of the Interior on July 14th 2001; and WHEREAS, the CrowTribal Legislature implemented and approved a Personnel Subcommittee on January 7th 2008 in the Crow Tribal Legislative Quarterly Session. WHEREAS, although the subcommittee has been established, appropriate By-Laws are promulgated to govern the powers and authorities of such subcommittee; and' WHEREAS, the Crow Tribal Legislature finds it to be in the best interest of the Crow Tribal Legislature to approve and adopt Personnel Practices and Policy Manual for the Crow Tribal Legislative Branch. BE IT ENACTED BY THE LEGISLATURE OF THE CROW TRIBAL GOVERNMENT: .THAT, the Crow Tribal Legislature hereby approves and adopts the Personnel Practices and Policy Manual of the Crow Tribal Legislature, attached as Exhibit A. ( FURTHER, the Crow Tribal Legislature shall abide by the Personnel'Practices and Policy Manual. FURTHER, the Crow Tribal Legislature provides that the Personnel Practices and Policy Manual may be amended from time to time by Legislative Resolution, approved by majority vote ofthe Crow Tribal Legislature. FINALLY, the Crow Tribal Legislature directs that the attached Personnel Practices and Policy Manual shall be effective upon approval by majority vote of the Crow Tribal Legislature. LEGISLATIVE RESOLUTION OF THE CROW TRIBAL LEGISLATURE ENTITLED: "APPROVING AND ADOPTING PERSONNEL PRACTICES AND POLICY MANUAL. Page 1 of2 CERTIFICATION I hereby certify that this Legislative Resolution "APPROVING AND ADOPTING PERSONNEL PRACTICES AND POLICY MANUAL" was duly approved by the Crow Tribal Legislature with a vote of..1L in favor, --L. against, _I_abstained and that a quorum was present on this 8TH day of . April, 2008. ar01-hhn Cd >st~ an Jona! D. Stone Speaker of the House Attest: LEGISLATIVE RESOLUTION OF THE CROW TRIBAL LEGISLATURE ENTITLED: "APPROVING AND ADOPTING PERSONNEL PRACTICES AND POLICY MANUAL. Page 2 of2 Bill or Resolutio., Number --U 08'•OtD Introduced by~Date of Vote t.{. J1/ ;2,OD~ Representative: ' Yes Oli"$ tW€ Jr'. No L. Plain Bull, Sr. \/"" C. Goes Ahead ~ Abstained O. Costa V. Crooked Ann v"" M. Not Afraid v P.Alden, Jr. .....,.,.... B. House ..,...... E. Fighter, Sr. ......... C.J. Stewart V""" ......... L. Hogan -- S. Fitzpatrick, Jr. O. Half, Jr. ..,...... M.Covers Up, Sr. '-""""'" R. Old Crow, Sr. V""" W. Plainfeather v D. Wilson V""" B. Shane· ~ ~~ . ..~ Secretary ofthe House J.D. Stone, Sr. v- Speaker ofthe House -l3­ Totals: \ Result of Vote: ~ Not Passed {,' Se ator Jonathan D. Stone Speaker of the Housel Date Tabled Veto-Override L~Jh~ Senator: Beverly M. Shane Secretary of the House Date Crow Tribal Legislative Branch Personnel Practices and Policy Manual Table of Contents Definitions Page Abandonment of Position Allocations Appeal Application Forms Appointment Assignment to acting status Bench Mark Positions Class Classification and Compensation Plan Conflict of Interest Compensatory Time Demotion Discharge or Dismissal Disciplinary Action Leave with out Pay Effective Date Employee Employment Date Employee Relations Equal Pay for Equal Work Examination Exempt Employees Extended Immediate Family Grievance Immediate Family Improper Conduct Incapacities Increment Insubordination Job Freeze Just Cause Lay·Off Level of Difficulty Misuse of Funds Misuse of Facilities/Property Neglect of Duty Non·Exempt Employees Compensatory Time Performance Evaluation (Appraisals) 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 Definitions Page . Permanent Part-Time Employees Personnel Action Policy Position . Position Description Position Evaluation Probationary Period Reclassification Reassignment Recruitment· Reduction-In-Force Regulation Reinstatement Removal··· Reprimand, Written Series or Classes Sexual Harassment Special Assignment Supervisor Suspension Tardy Temporary Employees Test Transfer 5 5 5 5 Chapter 1 1 1 Subject 1.1 1.2 1.3 1.4 Introduction 8 General Statement of Policy 8 Elected Officials 8 Administrative Officers Responsibilities 9 Speaker&Secretary Responsibilities (absence) 9 2 2 2 2 2.3 2.4 2.5 2.6 2.7 2 2 , 2.1 2.2 2 2 2 7 7 7 7 7 7 7 7 8 Index 1 1 6 6 6 6 6 6 6 6 6 6 6 2.8 '~. -':." ,,~:>"{- .J~,:":~,,-';~k,:,,j~~''.;;'_/·::\l ...:t_~:;;iii__i'i;-:'~'>'~;'i Code of Ethics General Courtesy and Consideration of Others Harassment of Employees Use of Tribal Property for Personal Reasons Improper Use of Tribal Funds Gambling Use of Alcoholic Beverages and Drugs Outside Employment ~",.-,-.~~,;.,__ Page 9 9 10 10 10 10 10 10 10 . -, . ~~-,-,---,......:...._---,----.;---,-""":",,.~.L~'~';';";;;L_"i;\;~_J, . ",_ii,j".,!_,;;;tf:.,j,;i"""... ;;;;l''::...,/,,-: ,,:::. . ._._,---> Chapter Index Subjeer.t Page 2 2.9 Restriction on Political Activity 11 3 3 3 3 3 3 3.1 3.2 3.3 3.4 3.5 3.6 General Employment Practices Equal Employment Opportunity (EEO) Sexual Harassment Other Employment Policies Unlawful Actions Drug Free Workplace Policy Work Hours 11 11 11 12 12 12 13 4 4 4 4 4 4 4 4 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Hiring Process Application, Qualifications & Certification Interviewing, Screening and Testing Disqualification of Applicants Appointments Personnel Action Form Notice of Employment Classes of Employment Probation Period for New Employees 13 13 14 14 14 15 15 15 15 5 5 5 5 5 5 5.1 5.2 5.3 5.4 5.5 Personnel Record and Employee Orientation Overview Other Personnel Records Employee Records Record Keeping and Reporting Employee Orientation 16 16 16 17 17 18 6 6 6 6.1 6.2 Promotion Overview Promotion Procedures 19 19 19 7 7 7 7 7.1 7.2 7.3 Discipline Overview Examples of Infractions List of Infractions 19 19 20 20 8 8 8 8.1 8.2 Employee Performance Appraisal Overview Procedures for Performance Appraisal 22 22 22 9.1 Leave Benefits Overview 23 23 3 9 9 _, -', '" . . . -, .. · · i ' -- ~~t:~:~;;,:,'::;I/~;-,':~'_:::,j,~i§fi;:i:;~{i§i;;L;~~::,:_jS,.,"_);;f;)l %';;;;;}\;:':-\;';;Ai-.:.-:~~:j~ ':~,- ,:,., -.",' , 3. Creates a reall or apparent conflict Of interest; or, 4. Takes time and attention during offlpial work hours All outside employment requires appr~val by the Speaker, prior to accepting employment. 2.9 Restriction on Political Activityi: Employees have the right to vote and to express opinions on political subjects and candidates. Generally, employees are prohibited from taking an active part in political management or political campaigns or using official authority or influence to interfere with an election or affect its results during working hours. Chapter Three General Employment Practices 3.1 Equal Employment Opportunity (EEO) It is the policy of the Legislative Branch to provide EEO by complying with Title VII of the Civil Rights Act of 1964 (P.L. 83-352), as amended by the EEO Act of 1972. Title VII is the basic Federal Law expressing national policy prohibit discrimination on the basis of race, color, national origin, religion or sex, in all aspects of employment, by all employers, with 15 or more employees. Title VII was extended to cover Federal, State, and Local pUblic, employers and educational institutions by the EEO Act of 1972. Discrimination on the basis of age, sex or physical disability is prohibited except where specific age, sex or physical requirements constitute a necessary occupational qualification for proper and efficient administration. Title VII prohibits any practices or procedures which limit or adversely affect employment opportunities on the basis cited above, including: advertising, recruitment referrals, testing, hiring, assignment, transfer, promotion, training, apprenticeship, disciplinary action, layoff and recall, termination, compensation, benefits and all other terms, conditions and privileges for employment. The Act also prohibits any reprisals or adverse action against an individual or group of individuals because they have opposed discriminatory practices, participated or assisted in any way ina change, investigation or proceeding brought under its provisions. As an Indian Organization, the Legislative Branch, also complies with the intent of the United States Congress as outlined in the terms of the "Indian Employment Preference Policy" and "Equal Employment Opportunity" The Indian Employment Preference Policy of the Legislative Branch is that hiring preference shall be given to fulI"time or part-time Tribal employees possessing the necessary qualifications for the 'ivaoantposition, with first consideration given to these employees working in the department wh~re the vacancy exists, and that first hiring preference given to qualified enrolled members of the Crow Tribe. The Speaker is responsible for equal employment opportunity programs for the Legislative Branch and is responsible for formulating, implementing, coordinating and monitoring all efforts in the area of equal employment opportunity. 3.2 Sexual Harassment It is the policy of the Legislative Branch to prohibit sexual harassment of its employees in any workplace or work related environment by any person in any form. Harassment on the basis of sex is a violation of Section 703 of Title VII. Unwelcome sexual advances, request for sexual favors, and other verbal or physical contact harassment when; 1. Submission to such conduct is made either explicitly a term or condition of an individual's employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or Page - 11 - of 31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 3. Such coriduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment, is prohibited.· Any employ.e who believes that he or she has been sUbjected to sexual harassment should report the alt~ged act immediately to the Speaker/Secretary/or AO. The Speaker will make every effort to insulie that complaints of sexual harassment are resolved promptly and effectively. If the employee is not satisfied with the decision of the Speaker, he or she should file a grievance in accordance with the Grievance Procedures established by the Personnel Committee. Any Legislative Branch official/personnel/agent! or other employees who is found to have engaged in sexual harassment of another employee will be subject to appropriate sanctions depending on circumstances up to and including termination. 3.3 Other Employment Policies No person shall, on the basis ofsex, be excluded from participation in, be denied the benefits of, or are otherwise subjected to discrimination under any program or activity for which the Legislative Branch receives or enjoys benefit from Federal Financial Assistance. If an applicant or employee believes that they have been unfairly discriminated against, they should request a review of all pertinent details of the cause as further described in this manual. The Legislative Branch complies with the provisions of various federally financed Indian programs regarding Indian Employment Preference and the Indian Preference Act of {1834} in the appointment of interpreters or other persons employed for the benefit of Indians. A preference in employment shall be given to persons of Indian Descent as outlined in Section 04.100. In recruiting, screening, and appointing applicants, the Legislative Branch shall give preference to enrolled members of the Crow Tribe. 3.4 Unlawful Actions Employees are prohibited from participating in, planning, or otherwise assisting in any unlawful action in connection with the performance of their duties. 3.5 Drug Free Workplace Policy The Crow Tribe of Indians desires to have a drug free workplace for all employees. To that end, the Tribe has established this Drug Free Workplace Policy for all employees, and has been adopted and approved with the passage of this Personnel Policy of the Legislative Branch. The manufacturing, distribution, dispensing, possession or use of illegal.drugs an€l ...controlled substances in the workplace create dangers to all employees in the workplace. The effects and side effects of illegal drugs and controlled substances can lead to serious injury, and even death for innocent employees, visitors. and others. The use of illegal drugs and controlled substances also leads to excessive costs and waste of materials due to poor quality of workmanship. The use of illegal drugs and controlled substances in any workplace of the Tribe is strictly forbidden. All illegal drugs and controlled substances are strictly forbidden on Tribal Property. Any employee reporting to work, or remaining in the workplace under the influence of alcohol, or other controlled substances or illegal drugs shall be immediately reported to the Speaker. Possession of illegal drugs or substances on Legislative Branch property shall be immediately reported to the Speaker. After completing an investigation of an alleged complaint against an employee of the Legislative Branch, the Speaker shall permit the employee to submit evidence within reasonable time limits as to the falsity of the allegations. and also any proposed recommendations regarding the appropriated discipline of the employee including the following; Page - 12 - oBI LEGISLATIVE BRANCHOF THE CROW TRIBE OF IND,IANS PERSONNEL PRACTICES AND POLICY MANUAIL ADOPTED 2008 \ \ 1; rehabilitative possibilities 2. available counseling 3. probation 4. demotion 5. suspension 6. other disciplinary action 7. termination I \ f The Speaker shall make the decision and shall provide a copy in writing to the employee. The employee shall have the opportunity to appear before an appeals board, pursuant to the Grievance Procedures established by the Personnel Committee. Legislative Branch personnel shall inform the Speaker within five (5) days of any conviction for the manufacture, distribution, dispensing, possession, or use of a controlled substances in the workplace. Within ten (10) days of receipt from the employee, the Speaker shall inform any Federal funding agency which provides funds for the salary of the employee, of the conviction; and shall within (30) days recommend proper disciplinary action to be initiated. 3.6 Work Hours Normal work hours are from 8:00 AM to 5:00 PM, with one hour for lunch break. the AO may recommend to the Speaker a change in the work hours for any employee to improve the effective and efficient utilization of manpower. Such changes in work hours require seven (7) days advance notice to any employee affected by the change and require the written approval of the Speaker. NOTE: Next Item(s) is reserved by the Body until at a later time. All employees non-exempt from the Fair Labor Standards Act receive overtime pay at the rate of one and one-half times the regular rate for each hour worked in excess of forty (40) hours per week. Time taken off for vacation, sick leave, administrative leave or holidays is notto be used considered in calculating the total hours worked. If overtime is not in the budget, the supervisors need to instruct employees not to work over the forty (40) hour work week. Eligible employees must request in writing to work overtime and receive approval in advance by the Speaker prior to working the additional hours. Budget must be considered in approving overtime. Chapter Fout Hiring Process 4.1 Application, Qualifications and Certification A position description must be established for the vacancy before the recruitment process is initiated. If a position description is not available, it is the responsibility of the Speaker and the Personnel Committee to establish one consistent with other descriptions in effect. The format of the description may vary with the personal preferences of the Speaker and AO. However, it must minimally include major duties and responsibilities and minimum qualifications for the position. All established vacancy notices require the prior approval of the Speaker before advertisement for the vacancy is made. Consistent with the Legislative Branch policy on Indian Employment Preference, vacancy notices will be posted at the Tribal Offices and other reservation locations to maximize exposure of the job opening. All applications for employment shall complete a standard application form and sign a release of information form. Such forms shall be submitted to the Speaker. With respect to information submitted by applicants in the Family Education Rights and Privacy Act of 1974 (P.L. 93-390). Page - 13 - of31 LEGISLATIVE BRANCHOF, THE CROW TRIBE OF INDIANS PERSONNEL ARACTICES AND POLICY MANUAL ADOPTED 2008 The AO shall maintain and distribute updated lists of vacancies as they occur. The Legislative Branch policy is to encourage qualified employees to apply for upward classification. The filing time for vacant positions shall be a minimum of five working daysj Preference is given to former employees who have been separated because of lack of work or funds, or for any other reason not related to fault, delinquency, or misconduct on the part of the employee. However, the Legislative Branch policies on Indian Preference Employment are followed. Employees who are required to have licenses or other certification requirements must present proof of the licenses or verifications to the Speaker at the time of application. 4.2 Interviewing, Screening and Testing Part of the employment process is for the Speaker and/or Personnel Committee to complete a comprehensive background check on all applicants. This background check will include but not limited to, a determination of criminal convictions, dismissals from previous jobs due to sexual harassment, and dismissal from previous jobs due to sexual offenses. Data obtained by the Speaker in the background check will be part of the applicant's record submitted to the Personnel Committee. Drug testing shall be required by the interviewing, screening and testing process. Qualified applicants must go through an interview process with the appropriate Legislative Branch official delegated for the interview process (Speaker or Personnel Committee). No applicants will be promised or paid any travel per diem expense relating to interviews, screening, or testing. Any recruiting efforts shall targeted to areas with a relatively large percentage of Native American students and employees. Upon appointment of an applicant to a regular position, the Speaker shall officially notify in writing non~selected applicants that they were considered, but not selected. The hiring officials shall give preference to qualified enrolled Crow applicants in accordance with established policies (see rating criteria listed below). If a position requires a test, a written or oral examination may be used to assist in selecting qualified applicants. All applicants being considered shall be given the same examination. All examinations shall be approved and implemented by the Speaker. 4.3 Disqualification of Applicants Applicant may be disqualified and/or have the applications removed for the following reasons; 1. the applicant is addicted to the use of controlled substances or the habitual use of intoxicating beverages to excess 2. the applicant has made a false statement of material fact in the application 3. the applicant has previously been dismissed from any public service for delinquency, misconduct, or other similar cause 4. the applicant has failed to submit the application correctly, or within the prescribed time limit 5. the applicant has violated any provisions of the Legislative Branch Personnel Policies 4.4 Appointments Employment with the Legislative Branch is contingent upon the availability of funds. Employment may be terminated with layoffs effective immediately in the event Revenue Committee/Speaker determines it has inadequate funding to provide services and staffing at the current levels or the Page -14 ~ of31 , lEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS I \ PERSONNEL PRACTICES AND POLICY MANUAL \ I ; : , ADOPTED 2008 levels initially proposed orl budgeted. I 4.5 Personnel Action Form , This is the form utilized to formally apprbve the employment of personnel. The PAF must be approved and signed the Speaker and proper Finance Officer, prior to entering on duty. The PAF must contain the following information; i 1. employee name 2. program and position, 3. salary or wage rate 4. entered on duty date 5. fund, department and general ledger line item coding 6. signed by Speaker and Budget Officer This form is utilized t authorize other changes in employment status ( ie, transfers, wage increases/decreases, termination or layoffs, etc.). The original form is filed within the Legislative Branch Finance Office. A copy is submitted to the payroll department. Copy is flied in employee personnel file for records. 4.6 Notice of Employment Upon employment, the Speaker notifies the employee in writing the type of employment and terms, if any. Upon acceptance by the employee, the employee may then appear for work. If hours are worked prior to the written notice, then the employee may not receive compensation for those hours. 4.7 Classes of Employees Overview Permanent full..time appointments must be for appointments to fulfill vacancies, which occur in permanentlY,Glassified and budgeted positions. 1. permanent full-time employee; permanent full-time employee is an employee who works a full­ time normal work week offorty (40) hours and whose position is not considered to be of a temporary nature. The hourly rate of pay is calculated on the basis of 2080 work hours per year. 2. permanent part-time employee; permanent part-time employee who works less than forty (40) hours per week, but at least ten hours per week, and whose position is of a permanent nature. 3. temporary full-time employee; an employee who works a full-time, normal work-week of forty (40) hours and whose position is considered to be of a temporary nature according to the terms of the funding agency award, or less then twelve months, is a temporary full-time employee. 4. temporary part-time employee; an employee who works less than the normal work-week of forty hours and whose position is of a temporary nature according to the terms of the funding agency award, or less than twelve months, is a temporary part-time employee. 4.8 Probation Period for New Employees All new permanent full-time employees .shall be subject to a three (3) month probationary period. At the completion of the probation period the employee must be hired permanently or terminated. Page -15 - of31 I '. I LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 'However, the probationary period can be extended up to an additional thirty (30) days at the discretion of the Speaker. I ' The probationary period shall be utilized to closely observe the performance of each employee; to identify deficiencies and to develop a training plan to correct deficiencies; and to reject an employee whose performance is unsatisfactory. Probationary employees accrue annual and sick leave from the date of employment, but cannot use annual or sick leave until the probationary period is completed and permanent status granted. Should the probationary employee not attain permanent status, then, no annual and sick leave will accrue to that employee. A probationary employee may be terminated at any time during the probationary period when his or her quality of work is judged insufficient to merit continuation in the position or when insufficient work is avaiJableto warrant the additional employee. The probationary employee shall not be eligible for payments for any accrued annual and/or sick leave upon termination. A new employee that has been terminated during probation shall not have the right to appeal the grounds for his/her termination. Chapter Five Personnel Record and Employee Orientation 5.1 OverView General Legislative Branch Policies regarding personnel records include the following; 1. The Speaker and AO Will beresponsible for maintaining centralized employee personnel files. Only the Speaker and delegated supervisor shall have access to such files and files shall not be removed from the Legislative aranch office. .2. Any employee may review his or her personnel file but may not add or remove materials. In no case shall an employee review the file of another employee. 3. Upon separation, an employee may authorize the Legislative Branch through written communication to the Speaker to release other employment related information to 'outside parties. 4. Personnel records on former employees shall be maintained in an inactive file for five (5) years after termination and access to those files shall be controlled by the same policies governing active employees. 5~2 Other Personnel Records 1. Applications for employment for persons not hired: copies of all applications for employment filed with the Legislative Branch shall be maintained for three years. This is to provide evidence, which may be required in order to show compliance with Federal Civil Rights Legislation. 2. Time, attendance and leave records: appropriate time and attendance records for full-time and part-time employees shall be maintained for three or five years. Records shall also be kept of annual leave and sick leave and compensatory time earned and used by the each employee. These records shall be kept with the payroll records rather than with the personnel files. Page -16 - of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL! : ! i. ' ADOPTED 2008 , , \ 3. Disciplinary ActionRecords: The Speaker will dispose of all disciplinary action notices aft~r the following length of time; Written Reprimands-three year, Suspensions-three years, Dismissals­ Personnel file is destroy after seven years of termination. 4. Destruction of Personnel Files: The personnel file shall be destroyed when a folder has been in the inactive file upon seven years of the effective termination date. Cards will be maintained only listing pertinent employment information that may be needed for future verification of employment. 5.3 Employee Records A personnel file shall be maintained for every employee, which shall include, but not limited to the following; 1. Application for employment and materials related to application (resume, official college transcripts, lettel"sof recommendations, certification, copies for any employment correspondence including notification of employment, etc.). A background check to include a determination of criminal convictions, dismissal from previous jobs due to sexual harassment, and dismissal from previous jobs due to sexual offenses is required. 2. Personnel Action Forms. 3. Employee evaluation forms, records of all personnel appraisals, reviews and evaluations, including chang~s in job and income. 4. Notices of Disciplinary Actions: All records shall be maintained for all disciplinary actions such as admonitions, reprimands, probationary suspension, and other adverse personnel actions. ( NOTE: disciplinary actions is reversed upon appeal, there shall be no records of charges maintained in the employee file). 5. Benefit records. 6. Other employee related data, such as W-2 and W-4 forms, letters from creditors (court order document, etc.). 7. Records of urinalysis record, and test results, if requested by the Legislative Branch. 8. Current position description. 9. If the employee is authorized to -drive on program business, the employee's folder shall contain a copy of the employee's driver's license. 10. Training and career development plans. 11. Letters/certificates of appreciation approved and initiated by the Speaker or other officials of the Legislative Branch. 12;Group insurance and claims. 5.4 Recordkeeping and Reporting 1. Payroll shall be processed by the payroll office according to policies and procedures documented in the Financial Management System. Page -17 - of31 LEGISLATIVE BRANCHOF TIrIE CROW TRIBE OF INDIANS PERSONNEL PRACTIOE$AND POLICY MANUAL ADOPrfED 2008 2. Employees and responsible supervisors shall sign all timesheets before forwarding to the Payroll Office for processing. It is the Speaker1s responsibility to review time sheets very carefully before routing timesheets for final approval. 3. Completed employee timesheets shall be maintained on file by the Payroll Office. 4. Payroll shall not be processed unless an employment action notice and a timesheet is signed by the Speaker and submitted to the Payroll Office. 5. An employee shall not submit a timesheet unless he or she has received a notice of employment and is officially listed on the roster of employees. 6. The Speaker shall notify the Payroll Office immediately of personnel actions that affect payroll. 7. Rates of pay shall be established by the employment action notice and calculated on an hourly basis by the Payroll Office for purposes of payroll. No changes in rate may be made without preparation of a personnel action form and approved by the Body. NOTE: This next item is reserved until a later date. 8. Payroll shall be based on hourly rates, even though the employee may be on a fixed pay basis with no overtime provision. 9. Mandatory payroll deductions are Federal Withholding Taxes, Social Security and Medicare Taxes and State of Montana Withholding Taxes, if applicable. For their benefit, employees should keep abreast of special tax exemptions and tax benefits, which are in effect. 10. Employees shall report as soon as possible to their supervisors any changes in personal status such as name, address, telephone number, marital status and number of dependents. 11. An employee's final paycheck must be issued by the next pay period the employee was laid­ off, quit or discharged. or 15 days, whichever occurs first. 5.5 Employee Orientation The employee's direct supervisor (AO/Speaker) shall be responsible for providing employee orientation. Items of discu~iorllandclarification to be included in the orientation include the following: 1. Overview of the Legislative Branch organization structure and functions shall be explained to all new employees. 2. The employees shall be provided with a copy of the position description. The direct supervisor shall ensure thatthe employee understands the position duties and responsibilities, working hours, and other requirements. The signature of the employee on the job description as well as the direct supervisor is required. 3. Each new employee shall be provided with a copy of the Personnel Management System or shall be allowed time to review the copy at the AO office as needed. 4. The initial probationary period shall be explained to all new employees. 5. The direct supervisor shall introduce the employee to co-workers. 6. The direct supervisor shall explain the mission, goals, and objectives of the Legislative Branch. Page -18 - of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS i ! PERSONNEL PRACTICES AND POUCY MANUAL , ! I: I ADOPTED 2008 Chapter Six Promotion 6.1 Overview In order to encourage the. career advancement of experienced and competent employees, the Legislative Branch will make every effort to promote existing employees into position vacancies of greater responsibility and compensation for which they are qualified. Promotions is advancement in position within the program or department, which gives the employee more responsibility and compensation. 6.2 Promotion Procedures 1. All position vacancies shall be advertised according to the procedures outlined for advertising and recruitment. 2. EXisting employees within the particular program and the Legislative Branch structure shall be given the opportunity to apply for positions which are at a higher level of responsibility and compensation. 3. In selecting an employ~e for a position vacancy, the Legislative Branch shall give first consideration to qualified eXisting employees of the program. This means that in the process of rating applicants, in the case of equal ratings among applicants, the existing employees for the program shall receive first consideration. 4. Promotions are to be based upon evaluation for past performance and the qualifications or capacity to perform duties in the position to be filled. When these factors are relatively equal for two or more employees, seniority will be considered the decisive factor. 5. No employee shall be required to accept a promotion of greater responsibility. 6. When a position becomes vacant, the Speaker may temporarily appoint an existing staff person to the position in the interest of ensuring program activities are continued until the position is permanently filled. Such appointments shall be for a specific period, not to exceed (90) ninety calendar days. Chapter Seven Discipline 7.1 Overview The Speaker is authorized to initiate disciplinary actions to all employees following proper procedures outlined in this manual. This includes the application of all degrees of discipline of personnel, including recommendations for removal of an employee. The Body makes the final decision to terminate/remove an employee. Discipline shall be reasonable and applied in keeping with the significance of the employee's position and be of such nature as to not affect the Legislative Branch interest or rights. The degree of disciplinary actions described below shall be taken where merited, depending on the circumstances and the employee's conduct. The listing of these actions is not to be construed as stages of discipline. It is not necessary to progress through lower degrees of discipline, in order to impose a more severe form of discipline. 1. Notice to Correct Deficiency; this constitutes a formal reprimand and involves a formal interview between the Speaker and the employee. The Speaker shall advise the employee of his or her deficiency and actions required to correct the deficiency and how to improve performance. Such notices shall be made in writing, signed by the Speaker and delivered to the employee. A Page - 19 - of 31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 copy of the ndtice shall be placed in the employee's permanent personnel file. \ 2. Leave withopt pay; leave without pay status may be imposed where an employee is tardy, absent from dUty without approval, or has attempted to use leave benefits in an inappropriate manner or in e>lcess of the benefits available to the employee. Leave without pay status to an employees paycheck does not prevent the imposition of additional disciplinary actions for the same infraction. 3. Suspension; suspension is a temporary separation from employment for disciplinary reasons where the cause is not sufficiently serious to merit removal. An employee may be suspended up to five days per time by the Speaker for a period not exceeding thirty days within any given fiscal year. An employee shall be notified in writing of a suspension and copy of the notice shall be placed in the employee's personnel file. Suspension may be with or without pay at the discretion of the Speaker. 4. Demotion; an employeewho is demoted is assigned to a lower paying position, does not deserve dismissal, and is considered to have skills necessary to perform other duties of the Legislative Branch. The Speaker is authorized to make demotions and an employee shall be notified in writing with a copy placed in the employee's personnel file. A demoted employee may, based on performance, training or education, qualify at a later date for the duties from which he or she was demoted or other higher classes of work. A demotion requires com pletion of a personnel action notice wherein any changes in salary or status shall be specified. 5. Dismissal; dismissal is the most serious step of disciplinary action. The notice of dismissal may be delivered at anytime. All dismissal require formal written communication from the Speaker to the employee and require the approval of the Legislative Body. 7.2 Examples of Infractions The following list of infractions is provided as examples of the types of activities that will result in the imposition of discipline. The imposition of disciplinary action depends upon the severity of the infraction. The list is not all inclusive. For the infractions not listed, discipline shall be recommended to the Personnel Committee by the Speaker for approval on a case by case basis. ThegeneraUypes of discipline that will be administered are as follows: A= notice to correct deficiency B= leave without pay status C= suspension D= demotion E= dismissal Other forms of discipline may also be administered. 7.3 List of Infractions 1. Abandonment of position Unauthorized absence; from work without proper leave or notification to immediate supervisor. a. For one day in single occurrence b. For up to three days in a single occurrence Page - 20 - of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POI_ICY MANUAL i I ADOPTED 2008 c. For up to five days in a single occurrence i \ 2. Conflict ofinterest or conversion of conversion of Legislative Branch resources for personal! gain, including; a. Accepting compensation for services performed for personal use or gain, including; \ b. Willful theft of Tribal or Legislative Branch or Governmental property, Federal prosecution is i probable. c. Making toll calls from the Legislative Branch or charging them to the Legislative Branch number without proper and prior arrangements for payments for them, employee may be liable for costs. d. Performance of personal business (correspondence, telephoning, shopping, selling, etc.) during working hours (excluding lunch hours, personal break time, etc.). e. Offering, accepting or soliciting or gifts or favors in an official capacity, federal prosecution possible for any offenses. f. Accepting or solicitation of bribe, federal prosecution probable. g. Unauthorized use of Tribal vehicle (if applicable). h. Any other use of Tribal/Legislative Branch equipment, supplies, or resources for personal gain or benefit, may be liable for cost of damage. 3. Disclosure of information of any confidential file, record, or document, without authorization of the person in charge with access to the information. a. Personnel files are confidential, as well as some financial records. 4. Negligence in the care of property under the employer's charge and control resulting in damage,loss or theft of such property. Employee may be liable for costs of damage. 5. Insubordination: a. Refusal to follow direct instruction of immediate supervisor or delegated supervisor. b. Verbal attack upon immediate supervisor or delegated supervisor to whom he or she reports, stating unwillingness to accept supervision therefore, or denying competency or authority of supervisor to perform acts clearly assigned or implied in the position description, policy manual or other instructions. c. Any physical assault upon any supervisor or an elected official, prosecution possible. d. Malicious gossip, which hinders the conduct of the Legislative Branch business or policy in an order as directed by the Speaker, whether, such gossip is communicated while on duty or off duty hours. 6. Deliberate misrepresentation of facts in relation to the Legislative Branch business: a. Misstatement of material facts in application for employment. b. Falsification, counterfeiting, or forging of any Legislative Branch form or record involving money. Prosecution is probable. c. Concealment, removal, mutilation, obliteration or destruction of official records or documents, except on order of the Speaker that the records and files no longer are required to be preserved. Prosecution is probable. 7. Unacceptable personal behavior while on duty, including: a. Physical assault of any kind upon any person on the Legislative Branch property. b. Malicious mischief or disorderly conduct on legislative Branch property. c. Consumption of alcoholic beverage during work hours, including on lunch hour. d. Immediate possession of, or selling, delivering or causing to be delivered to any person, any alcoholic beverage on Legislative Branch property. e. Intoxication while on duty, as evidenced by breath odor, inability to function normally or slurred speech. Page-21-of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED :2008 8. Sexual Harassment. 9. Sleeping during working hours. 10. Knowingly harboring a communicable disease that may endanger other employees (AIDS, HIV, TB, etc.). 11. Neglect of duty. 12. Substandard work performance or poor productivity. 13. Violation of safety rules, practice or procedure. 14. Failure to report an accident or personal injury in which an employee is involved while on the job. 15. Tardiness (three times per pay period). Chapter Eight Employee Performance Appraisal 8.1 Overview All employees of the Legislative Branch shall participate in a performance appraisal process to provide for an opjective and systematic review and analysis of job performance. The goals of performance appraisals listed below. 1. Improve the employee's understanding of job responsibilities, and standards for satisfactory performance. 2. To assist the Speaker and employees in identifying areas of performance strength or weaknesS. 3. To recognize and prOVide commendationfor areas of exceptional job performance. 4. To assist employees in overcoming weakness in job performance. 5. To provide a basis for wage and salary adjustment. 6. To aid management in selecting employees for promotion, transfer, training and reduction-in­ force (RIF). 7. To provide objectively and fairness in the evaluation of personnel. 8.2 Procedures for Performance Appraisal 1. Performance appraisals shall include both formal and informal performance appraisal. a. Informal appraisals are those conducted on a regular basis through regular contact between the immediate supervisor and the employee. b. Formal performance appraisals are those conducted at regular intervals of which there is a written record. 2. The Speaker or delegated supervisor of the employee shall be responsible for conducting performance appraisals of the employee. Page - 22 - of31 " LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS ! i PERSONNEL PRACTICES AND POLICY MANUAL I ADOPTED 2008 3. Permanent employee should be evaluated on an annual basis, at minimum, and more frequently if the Speaker determines' it is In the best interest of the program. I 4. The criteria for a formal written perform~nce appraisal shall be the job. \ 5. The formal performance appraisal shall include an interview session between the Speaker and the employee at which time job performance is discussed. 6. A written evaluation shall be completed by the Speaker shortly after the interview session it) which areas of job strength are recognized. The Speaker may elect to reward cases of exceptional job performance with a letter of commendation to the employee. This written evaluation shall also identify areas of job performance weakness. The Speaker and employee shall agree upon in writing specific measures and a time period to bring areas of weakness to acceptable performance standards. 7. The employee shall be given a written copy of the performance appraisal and shall have the opportunity to respond to areas of the evaluation with which he or she disagrees. 8. Employees shall note in writing that they have participated in the appraisal process and have been given a written copy of the appraisal. 9. Acopy of all written performance appraIsals shall be placed in the personnel file. Chapter Nine Leave Benefits 9.1 Overview All LegislatIve Branch employees, regardless of funding source for the employees' compensation, receive equal treatment in leave benefits. No program can add or deduct employee benefits for any reason. 9.2 Annual Leave 1. Overview Annual leave, may be taken by an employee when employee has given three day advance notice to the Speaker and Speaker has approved the leave. 2. Annual Leave Accrual * Permanent, full-time employees, who have been employed by the Legislative Branch less than two years, shall earn annual leave at the rate of four hours for each two-week pay period. * Permanent, full-time employees, who have been employed by the Legislative Branch from two to four years, shall earn annual leave at the rate of six hours for each two-week pay period. * Permanent, full-time employees, who have been employed by the Legislative Branch from four to six years, shall earn annual leave at the rate of eight hours for each two-week pay period. Legislative Branch is reserving this part. until at a later date * Permanent, part-time employees accrue annual leave at the rate as follows; Less than 2 years/2 hours/two-week pay period 2 to 4 years/3 hours/two-week pay period 6 years and over/4 hours/two-week pay period Page - 23 - of31 , ! LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 , I . I All1nualleave is earned when the employee is in pay status and is earned on a pro-rate basis for the first 80 houks worked in each two-week pay period. No annual leave is earned on hours worked in exces,s of 80 hours in any given pay period. For permanent part-time employees, annual leave is earned when the employee is in pay status and is earned on a pro-rate basis of the first 40 hours worked in each two-week pay period. No annual leave is earned on hours worked in excess of 40 hours in any given pay period. Elected officials will not accrue annual leave because they are on call 24 hours a day. For the purposes of determining the amount of annual leave earned during the pay period, employed, includes employment only by the Legislative Branch, Executive Branch and the Judicial Branch of Crow Tribal Government. A minimum of60 hours annual leave should be taken each year, and no more than 160 hours may be carried forward from one calendar year to the next. The employee will be required to use or lose unused annual leave balance in excess of 160 hours. Employees, who accrue annual leave, are paid upon termination of employment from the Legislative Branch of Government. Temporary or Seasonal employees do not earn annual leave. Advances on annual leave to be earned are not permitted. No employee is permitted to buy-out or be compensated for annual leave in lieu of taking the time off, unless written approval from the Speaker through the Legislative Body. 9.3 Sick Leave 1. Overview Sick leave is earned by an employee, notification is required to use sick leave and prior notice given to the Speaker before taking leave. Sick leave requests shall be one hour before start of tour/shift. The Speaker may require a doctor's statement at his discretion. 2. Sick Leave Accrual Sick leave will be earned at the rate of four hours for each two-week pay period for a permanent full-time employee. Temporary or seasonal employees will not accrue sick leave. Elected officials will not accrue sick leave because they are on call 24 hours a day. Probationary employees will accrue sick leave but may not use sick leave during the probationary period (only during extreme circumstances, exception will be at the Speakers disGretiol\i).. Sick leave balance accrued by employee will be carried into the next calendar year. Upon termination sick leave balance will not be paid, but the sick leave balance will be kept in the em ployees official record. 3. Sick Leave Uses Sick leave maybe used for the following purposes: actual illness prevents the employee from performing job duties; the employee's work attendance jeopardizes the health of others; medical or dental appointments for the employee or the employee's dependents; drug and/or alcohol counseling; and institutional treatment of alcohol and/or drug dependency and illness of a member of the immediate family that requires the employee to care for the member. 9.4 Military Leave Leave with pay will be granted for military purposes such as reserve forces training.. Military leave, without pay will be granted for active military duty. All military leave requires the prior approval of the Speaker. Written documentation of the military leave requirement must be provided at the time of request for leave. A maximum of fifteen paid days is permitted in any fiscal year for paid military leave. Page - 24 - of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 y,;, "Li!-;:'~,;;'!J'(~':i' 9.5 Bereavement Leave \ Leave with pay up to five days will be granted related to bereavement for the immediate family'; and leave with pay up to three days will be granted related to bereavement for extended I immediate family and friends. Limitations on total paid bereavement leave per year is determined by the Speaker on an individual basis. All bereavement leave requires approval by the Speaker~ Bereavement leave does not require use of annual or sick leave. 9.6 Administrative Leave The Speaker for purposes such as inclement weather and holiday extensions may grant administrative leave with pay. Administrative leave does not require use of annual or sick leave. Administrative leave can only be approved by the Speaker. 9.7 Maternity Leave Maternity leave, including leave for husbands with a maternity status spouse, may be granted up to sixty days. Sick leave and annual leave may be used for maternity leave with pay., Maternity leave with paywill be granted for forty hours for one spouse. If all annual leave and sick leave hasoeeri exnaustea~leave without paymay be used for the balance of the granted maternity leave. . 9.8 Leave Without Pay Leave without pay may be granted to an employee upon the prior approval of the Speaker. Leave without pay may not exceed thirty days per calendar year. 9.9 Compensatory Time The Legislative Branch reserves the right until this manual is adopted and approved by the Body, which will reqUire compensatory time in lieu of overtime (over-time is not budgeted) for full-time permanent employees. 9.10 Jury Duty and Witness Leave An employee who has been subpoenaed or directed by proper authority to appear as a witness or juror for a recognized judicial system shall be granted administrative leave with full pay. Written documentation ofthe jury and witness requirement must be prOVided at the time of request for leave. Any reimbursement to the employee by a judicial system for jury or witness leave must be repaid to the proper Finance Officer or Finance Department by the employee, except for travel and meal reimbursements, which will be retained,bythelem~loyee. 9.11 Voting Leave An employee may receive up to four hours of administrative leave to vote in any election recognized by the Tribal Government, with prior notice to the Speaker during work hours. 9.12 Extended Sick Leave Extended sick leave, not to exceed 30work-days, may be granted to permanent employees in order to maintain continuity of service in instances where unusual or unavoidable circumstances require prolonged absence of the employee to recover from a medical disability. Request for extended sick leave must be submitted to and approved by the Speaker ten days prior to the commencement of the leave. Upon return to duty, the employee will return to his or her previous position. If extended sick leave is in excess of 30 work-days or more, the Speaker, at his or her discretion may fill the position with a temporary employee, not to exceed 120 working days. 9.13 Family Leave Permanent, full-time employees may be granted up to three days paid family leave per calendar Page - 25 - of 31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 year to tend to family related matters that cannqt be conveniently haMled other than during working hours: All family leave is approved at the discretion of the Speaker, with two day advance notice. 9.14 Sick Leave Donation \ Any permanent employee may donate sick leave to another employee, provided that need is for medical related situation and the employee is in need of sick leave due to the exhaustion ohick leave benefits. Written request will be required by the employee donating the sick leave and approval shall be upon the discretion of the Speaker . Copies of written request shall be maintained by the Legislative Branch and copies given to the proper Finance Officer for the employee records concerning leave balances. Chapter Ten Other Employee Benefits 10.1 Holidays The Legislative Branch shall establish a schedule of paid holidays for the calendar year with Federally recognized holidays and Crow Tribal recognized holidays. 10.2 Employer and Employee Insurance Benefit 1. Social Security Taxes; employees are required to pay Social Security Taxes at the rate set by federal law. 2. Medicare Taxes; employees are required to pay Medicare Taxes at the rate set by federal law. 3. Unemployment Compensation; employees, full-time or part-time, permanent or temporary are covered by Unemployment Compensation Insurance as determined by the State of Montana. This coverage is offered at no cost to the employee. Chapter Eleven Employee Assistance 11.0 Overview It is policy of the Legislative Branch that if personal problems are the cause of unsatisfactory job performance, employees will receive careful consideration and an offer of assistance on no individual basis to help resolve such problems in an effective and confidential manner. The Crow Tribe recognizes alcoholism lortCh~ical dependency as a treatable disease, and shall make provisions for employees to seek institutional treatment for such problems. 11.1 Voluntary Assistance Employees who feel they have a problem related to alcohol or drug dependency may voluntarily seek assistance and referral to a treatment program or center. 11.2 Supervisor Recommended Assistance In the event that institutional treatment is agreed upon in writing by the Speaker and employee, the following considerations shall be observed: 1. Employees participating in drug or alcohol treatment programs may be eligible for insurance coverage for a portion of costs at a private center, provided the employee is enrolled in a group health insurance plan. 2. If an employee is not covered by a group health insurance plan, Indian Health Service may be utilized at no cost to the employee Page - 26 - of31 LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS : PERSONNEL PRACTICES AND POLICY MANUAL , \ : I; I ADOPTED 2008 3. Employees participating in alcohol or dr$g treatment programs shall utilize accrued sick leave and annual leave if they wish to be paid fon absence to seek treatment. \ 4. In the event that an employee has exhausted leave benefits, the Speaker may permit the employee to receive administrative leave with or without pay. This determination is to be based upon program needs and the availability of funds. 5. If the treatment is approved for an employee, the employee's position shall be available to the employee completion of treatment. However, due to the nature of some programs, it may be necessary for the Speaker to temporarily fill the position during the regular employee's absence in order to continue the deliver service (s). 6. The successful completion of alcohol or drug treatment and after care programs and subsequent adjustment of employment problems related to chemical dependency shall ensure that the employee is not subject to discrimination in job status or promotions. Chapter Twelve Separations 12.1 Overview The Legislative Branch recognizes seven distinctly different forms of separation of employment initiated eitherby the employee or the Legislative Body and also the Speaker. 1. Removal; removal may also be termed dismissed. It is an involuntary separation of employment initiated either by the Legislative Body prior to the expiration of the employee's term of employment. The Speaker must approve and sign all dismissals. Employee may be dismissed before the expiration of his or her contract for inefficiency in the discharge of duties, di$l~yalty to the interests of the Legislative Branch and for unprofessional conduct, such as malicious gossip and other situations. No Employee shall be removed or di$niissed in the event of a change in elected Legislative Officials. 2. Suspension; suspension is an involuntary separation initiated by the Speaker for a limited period of time for disciplinary purposes. All suspensions must be recommended and approved by the Speaker at his or her discretion. Suspensions shall be in writing and state the cause and shall be of temporary nature, not to exceed 15 work days per employee in a given fiscal year. Any employee action warranting further discipline after 15 days of suspension shall be cause for removal. However, an employee may be moved at any time for cause regardless of the days of suspension levied. 3. Resignation; resignation is a voluntary initiated by the employee and requires 10 working days notice to the Speaker. The Speaker under extenuating circumstances may consider a shorter notice. Am employee who has submitted a resignation may, at the approval of the Speaker, continue in his or her position if a written request to withdraw or amend the resignation is submitted prior to the resignation's effective date. 4. Layoff; a layoff is an involuntary separation through no fault of the employee, due to lack of funds, changes in the Crow Tribal Government, completion of temporary employment, or other such causes which, do not adversely affect the employee' eligibility for further employment. Layoffs shall be made with written notice stating cause, effective date, and any other pertinent information. Effective immediately, unless otherwise notified. Page - 27 - of31 , ,, LEGISLATIVE BRANCHOF THE CROW TRIBE OF INDIANS PERSONNEL PRACTICES AND POLICY MANUAL ADOPTED 2008 When more tha¢l one employee is affected by a layoff, the Speaker reserves sole discretion to make decisions 'about the determination as to which positions will be vacated. Any employee wpo is separated through layoffs shall be given priority and consideration for employment sho~ld vacancies occur within the position in which the employee is qualified. ~ 5. Abandonment of Position; abandonment of position is When an employee is on docking pay for a number of days. This form of separation is a automatic termination effective on the close of business on the fifth day of the employee of the employee's absence without further action by the Legislative Branch. As a courtesy to the employee, a notice that the position will be filled shall be sent to the employee. However, failure to receive such notice shall not prevent the termination nor bar the Legislative Branch from filling the position. 6. Furlough; an employee agrees to be laid off and hired back at a future date. Annual leave is not paid out. The employee does qualify for unemployment in most cases because they are considered job attached. 7. Other Separations; separation by death, or disability is the last forms of separation. Separation for disability due to mental or physical incapacity may be made, but only upon formal request supported bya certificate or other evidence from a licensed physician. Upon separation for death, all compensation and other benefits shall be paid to the employee's designated beneficiary(s) or estate. 12.2 General Policies()f Separation AII·separations should have an exit interview initiated by the Speaker. The employee's final paycheck shall not be released until a Termination Checklist is completed and appropriated decisions made as to any outstanding employee obligations to the Speaker. The Payroll Office shall deduct from the employee's final paycheck arnounts deemed appropriate as financial obligations to the Legislative Branch and to the Tribe for property or debts owed. The Finance Officer shall be responsible for approving deductions in the final paycheck, based upon recommendation for the Finance Department staff and the Speaker. Unless authorized by the Legislative Branch, compensation shall not extend beyond the last working day. . "":0""=- >tlfJtll