HOOPA VALLEY TRIBAL COUNCIL

Tribal code

Ask Donna

What actually matters in this document.

Text

PERSONNEL POLICIES & PROCEDURES

TITLE 30

APPROVED: April 11, 2005

Amended: 2/13/13, 4/11/16, 02/08/2019, 06/04/2020, 05/14/2021,

2/17/2022, 07/07//2022, 12/18/2025

TABLE OF CONTENTS

CHAPTER 1● GENERAL PROVISIONS ............................................................................ 1

1.1 INTRODUCTION ..................................................................................................................... 1

1.2 PURPOSE AND OBJECTIVES ................................................................................................... 1

1.3 APPLICATION ......................................................................................................................... 1

1.4 APPLICATION TO TRIBAL CHARTERED ENTITIES ................................................................... 1

1.5 NEPOTISM/CONFLICT OF INTEREST ...................................................................................... 2

CHAPTER 2● ORGANIZATION FOR TRIBAL & PERSONNEL ADMINISTRATION....... 3

2.1 HOOPA VALLEY TRIBAL COUNCIL ......................................................................................... 3

2.2 TRIBAL CHAIRMAN ................................................................................................................ 3

2.3 TRIBAL VICE-CHAIRMAN ....................................................................................................... 3

2.4 PERSONNEL DEPARTMENT/DIRECTOR ................................................................................. 3

2.5 INSURANCE ADMINISTRATOR .............................................................................................. 4

2.6 PROGRAM MANAGER ........................................................................................................... 4

2.7 BOARDS, COMMITTEES, AND COMMISSIONS ...................................................................... 5

CHAPTER 3● EMPLOYMENT CLASSIFICATION ............................................................. 6

3.1 EMPLOYMENT CATEGORIES .................................................................................................. 6

3.1.1 Political Appointment Personnel ........................................................................................ 6

3.1.2 Constitutional Appointment Personnel .............................................................................. 6

3.1.3 Sergeant at Arms to the Tribal Council ............................................................................... 6

3.1.4 Employee............................................................................................................................. 6

3.1.5 Program Manager ............................................................................................................... 6

3.1.6 Contract Employee .............................................................................................................. 7

3.1.7 Volunteer/Serving without Pay ........................................................................................... 7

3.2 EMPLOYMENT STATUS .......................................................................................................... 7

3.2.1 Introductory Employee ....................................................................................................... 7

3.2.2 Full-Time Employee............................................................................................................. 7

3.2.3 Part-Time Employee ............................................................................................................ 7

3.2.4 Regular Employee ............................................................................................................... 8

3.2.5 Temporary Employee .......................................................................................................... 8

3.2.6 Seasonal Employee ............................................................................................................. 8

3.2.7 Volunteer ............................................................................................................................ 9

CHAPTER 4● RECRUITMENT & SELECTION .................................................................. 9

4.1 RECRUITMENT ....................................................................................................................... 9

4.2 JOB ANNOUNCEMENTS ........................................................................................................ 9

4.3 FILING APPLICATIONS ........................................................................................................... 9

4.4 AFFIRMATIVE ACTION ........................................................................................................ 10

4.5 QUALIFICATIONS ................................................................................................................ 10

4.6 EVALUATION OF APPLICANTS ............................................................................................ 10

4.7 INTERVIEW PANEL .............................................................................................................. 10

4.8 SELECTION ........................................................................................................................... 10

4.9 APPOINTMENT ................................................................................................................................................. 11

4.10 PAYROLL CERTIFICATION .......................................................................................................................... 11

CHAPTER 5●CONDITIONS OF EMPLOYMENT ........................................................................... 11

5.1 CHAIN OF COMMAND POLICY .................................................................................................................. 11

5.2 MANAGEMENT GENERAL PRINCIPLES ................................................................................................... 11

5.3 EMPLOYEE GENERAL PRINCIPLES ............................................................................................................. 12

5.4 EMPLOYEE RESPONSIBILITIES .................................................................................................................... 13

5.5 HARASSMENT POLICY .................................................................................................................................. 13

5.5.1 UNACCEPTABLE CONDUCT………………………………………………………………………………………...…..14

5.5.2 COMPLAINTS AND INVESTIGATIONS……………………………………………………………………………..14

5.5.3 RETALIATION …………………………………………………………..……………………………….14

5.5.4 GROUNDLESS AND MALICIOUS COMPLAINTS……………………………………………....….15

5.6 DRIVER’S LICENSE REQUIREMENT…………………..………………………………………………...….15

CHAPTER 6●EMPLOYEE & MANAGER PERFORMANCE, EVALUATION.................... 15

6.1 EMPLOYEE AND MANAGER EVALUATION PROCEDURES .................................................. 15

6.1.1 Introductory Evaluations .................................................................................................. 15

6.1.2 Extension of Introductory Period ..................................................................................... 16

6.1.3 Termination during Introductory Period .......................................................................... 16

6.2 Management Evaluations.....................................................................................................16

6.3 Employee Evaluations........................................................................................................17

CHAPTER 7●CHANGES IN EMPLOYMENT STATUS .................................................... 17

7.1 PROMOTION ....................................................................................................................... 17

7.1.1 Temporary Promotions .................................................................................................... 18

7.1.2 Retroactive Promotions .................................................................................................... 18

7.2 TRANSFER/REASSIGNMENT ................................................................................................ 18

7.3 SEPARATION ....................................................................................................................... 18

7.4 RETIREMENT ....................................................................................................................... 18

7.5 RESIGNATION ...................................................................................................................... 18

7.6 LAYOFF ................................................................................................................................ 19

7.7 DISMISSAL .......................................................................................................................... 19

7.8 END OF CONTRACT PERIOD ............................................................................................... 19

CHAPTER 8●CHANGE OF EMPLOYMENT RESULT FROM DISCIPLINARY ACTION.. 19

8.1 DISCIPLINARY ACTION - EMPLOYEES ............................................................................... 19

8.1.1 Corrective Interview/Written Warning ............................................................................. 20

8.1.2 Written Reprimand/Disciplinary Action ........................................................................... 20

8.1.3 Examples of Penalties ....................................................................................................... 21

8.2. DISCIPLINARY ACTION - MANAGERS ................................................................................ 22

CHAPTER 9●GRIEVANCE PROCEDURES ...................................................................... 22

9.1 MANAGER GRIEVANCE PROCEDURE................................................................................... 22

9.2 EMPLOYEE GRIEVANCE PROCEDURE ................................................................................. 23

9.3 TERMINATED EMPLOYEES/PROGRAM MANAGERS ........................................................... 23

CHAPTER 10● CLASSIFICATION & COMPENSATION ................................................ 23

10.1 CLASSIFICATION ............................................................................................................... 23

10.2. COMPENSATION .............................................................................................................. 24

10.3 HOURS OF WORK .............................................................................................................. 25

10.4 OVERTIME AND COMPENSATORY TIME .......................................................................... 25

10.5 TIME CARD PROCEDURES…………………………………………………………………………….26

CHAPTER 11● EMPLOYEE BENEFITS ............................................................................ 27

11.1 HOLIDAYS ......................................................................................................................... 27

11.2 LEAVE POLICY ................................................................................................................... 28

11.3 ANNUAL LEAVE ................................................................................................................. 28

11.4 SICK LEAVE ........................................................................................................................ 29

11.5 MATERNITY LEAVE ............................................................................................................ 30

11.6 ADMINISTRATIVE LEAVE ................................................................................................... 31

11.7 MILITARY LEAVE ................................................................................................................ 31

11.8 BEREAVEMENT LEAVE ....................................................................................................... 31

11.9 JURY DUTY ......................................................................................................................... 31

11.10 ELECTION DAY ................................................................................................................ 31

11.11 SOCIAL SECURITY ............................................................................................................ 32

11.12 GROUP INSURANCE PLANS ............................................................................................ 32

11.13 OPTIONAL/ADDITIONAL INSURANCE COVERAGE ......................................................... 32

11.14 FRINGE BENEFITS STATUS DURING INTRODUCTORY PERIOD ....................................... 32

11.15 WORKERS COMPENSATION/UNEMPLOYMENT ............................................................. 33

CHAPTER 12● TRAINING .............................................................................................. 33

12.1 GENERAL POLICY/OBJECTIVE OF THE TRIBALTRAINING TRANING PROGRAM ............... 33

12.2 EDUCATION LEAVE POLICY .............................................................................................. 33

12.2.1 Educational Leave .......................................................................................................... 34

12.2.2 Educational Co-op (section reserved) ............................................................................. 35

12.3 EXECUTIVE MANAGEMENT TRAINING PROGRAM ........................................................... 35

12.4 RESPONSIBILITY FOR DELIVERY OF TRAINING ................................................................. 36

12.5 TRAINING CATEGORIES .................................................................................................... 36

12.6 IDENTIFICATION OF TRAINING NEEDS ............................................................................ 36

12.7 BUDGETING FOR TRIBAL TRAINING ................................................................................. 36

12.8 EVALUATION OF TRAINING .............................................................................................. 36

CHAPTER 13● EEO COMPLAINTS ................................................................................ 37

13.1 EEO COMPLAINTS ............................................................................................................. 37

CHAPTER 14● RECORD KEEPING ................................................................................. 37

14.1 PERSONNEL RECORDS ...................................................................................................... 37

CHAPTER 15● EMPLOYEE CIVIL EMPLOYMENT ACTIONS AGAINST TRIBE ............ 37

15.1 CIVIL ACTIONS .................................................................................................................. 37

15.2 GOVERNING LAW .............................................................................................................. 38

15.3 SOVEREIGN IMMUNITY……………………………………………………………………………..38

CHAPTER 1- GENERAL PROVISIONS

1.1

INTRODUCTION

The Policies and procedures set forth in this ordinance shall constitute the rules and requirements

regarding employment with the Hoopa Valley Tribe. The Policies and procedures contained in this

manual are in no way to be interpreted as a statement of contractual rights between the Tribe and any

of its employees. The Tribe reserves the right to modify or delete any of these policies at any time.

Changes will be made as provided under the Legislative Procedures Act (LPA).

This policy manual supersedes all previous manuals, letters, memorandums, and understandings.

If you have any questions or wish to have further information about any guideline in this manual, please

contact the Personnel Department.

Notwithstanding anything to the contrary contained in this manual, the contents contained in this

manual shall be interpreted in a manner that furthers the political and economic stability of the Hoopa

Valley Tribal Government and, as such, each of its employee’s is expected to provide services to the

tribe in a manner that promotes and furthers the well-being of the Tribal Government. Nothing in this

manual shall be interpreted as limiting the duties, responsibilities, employment requirements or services

of any employee, including those outside of an employee’s ordinary duties and responsibilities, if such

action is needed or necessary to accommodate a Tribal goal. It is the policy of the Hoopa Valley Tribal

Government that each program manager plays a pro-active role in problem solving and that problems

be solved at the closest possible level to where the service is delivered.

1.2

PURPOSE AND OBJECTIVES

This Personnel Policy and Procedures manual is to provide uniform and consistent practices to be

followed in administering personnel related activities while carrying out the functions and operations of

the Hoopa Tribal Government. This manual is intended to provide a consistent method for addressing

personnel matters of the Tribe. Indian Preference in hiring shall be consistent with the Tribal

Employment Rights Ordinance.

1.3

APPLICATION

These policies apply to all employees and program managers of departments, programs and specified

entities of the Tribe, with all the exception of those that are employed under procurement contracts.

1.4

APPLICATION TO TRIBAL CHARTERED ENTITIES

This manual shall apply to all entities of the Tribe. Tribal chartered entities may develop personnel

manuals that are not in conflict with this manual, provided there is concurrence by the Tribal Council.

Entities shall, no later than thirty 30 days following passage of this policy, submit to the council their

present personnel policies and procedures accompanied by proposed deletions and amendments in

conference with this paragraph; subsequent entity personnel policies and procedures shall, preceding

implementation, be submitted to the Council for its concurrence.

1.5

NEPOTISM/CONFLICT OF INTEREST

“Nepotism,” as used in this Policy is defined as preferential treatment accorded to a member of one’s

immediate family: spouse, son, daughter, father, mother, sister, brother, grandmother, grandfather,

grandson, granddaughter, aunt, uncle, niece, nephew, including step fathers, mothers, sons and

daughters when determined clearly evident by the Personnel Director and the Chairman concurs with

the findings; and the following in-laws: son, daughter, brother, sister, mother, father, aunt, uncle,

nephew and niece. In conducting Tribal Activities:

No member of a Personnel Selection Committee or the Tribal Council shall participate in any

portion of the selection process when a conflict of interest or nepotism exists, as defined in this

section.

No employee or member of the Tribal Council shall participate in the taking of personnel action

of any individual when a conflict of interest or nepotism exists, as defined in this section. No

Manager shall promote or hire and employee that would create a conflict of interest or

nepotism.

No Employee may be assigned to a unit supervised by a member of the family, as defined in this

section. In the event the supervisory relationship is brought into existence by the promotion of

an employee, the Personnel Director shall recommend to the Chairman the proper personnel

action to take on an individual case basis.

Employees, program managers, shall not accept outside employment or participate in an activity

which inferences in any manner with the full and proper discharge of the duties of his or her

position or results in a conflict of interest. A conflict of interest also exists if an employee’s

private activities interfere with the proper discharge of his or her official duties.

No program manager with decision making authority shall participate in any activity that creates

a conflict-of-interest situation. A conflict of interest exists when a manager with a decisionmaking authority uses, or appears to use, his or her position for benefits to himself or herself,

relatives (as defined in this section), or business associates. If a manager with a decision-making

authority pertaining to the activity subject to inquiry is involved in an outside interest which

could be affected by a Tribal project or activity, and a conflict of interest exists in reality or

appearance, he or she must report the situation to the Chairman immediately. The Tribal

Chairman will take necessary measures to remedy the Conflict-of-Interest situation. Such

measures may include reassignment. Unless as specifically authorized in writing, no manager

shall participate in a conflict-of-interest situation and such participation shall be deemed a

violation of this policy.

CHAPTER 2 – ORGANIZATION FOR ALL TRIBAL AND PERSONNEL ADMINISTRATION

2.1

HOOPA VALLEY TRIBAL COUNCIL

The council is responsible for approving personnel policies, procedures and amendments and waivers

consistent with section 1.2 of this manual. The Council shall carry out an oversight function in the

application of this policy. The Council may, from time to time, conduct an oversight review of the

administration of these policies by the Tribal Chairman.

2.2

TRIBAL CHAIRMAN

The Tribal Chairman, as the Senior Executive Tribal Officer, shall carry out this policy and have

supervisory authority over all personnel. The Tribal Chairman may delegate to his/her representative the

responsibility for carrying out this policy. The Tribal Chairman shall approve budget revisions, new

positions and salary increases consistent with the budget. The Chairman shall make interim

appointments to key position vacancies until the selection has been made as provided in the personnel

policies and confirmed for key positions by the Tribal Council. Key positions are defined as political and

constitutional appointment personnel and program managers. The Chairman shall approve waivers that

are administrative in nature and do not change the intent of these policies.

2.3

TRIBAL VICE-CHAIRMAN

The Tribal Vice-Chairman, shall act as the Senior Executive Tribal Officer and shall have the same

authority as the Tribal Chairman only when the Tribal Chairman is absent or when the Tribal Chairman is

unable to perform his duties.

2.4

PERSONNEL DEPARTMENT/DIRECTOR

The Personnel Department shall have day-to-day general oversight authority to carry out this policy; to

provide support services to the Chairman, Council and program managers on a personnel matter. The

Personnel Director exercises oversight, administrative and employment development functions

pertaining to management of personnel, including, but not limited to:

Oversight Functions:

• Communicates and interprets policies;

• Recommends policy changes and conducts salary surveys at least every 3 years;

• Assists department managers in classifying positions;

• Prepares special policies and waivers; and

• Advises entities on personnel matters.

Administrative Functions:

• Maintains employee personnel files;

• Advertises jobs, boards, committees, and commissions and assists in screening and selection

process of candidates;

•

Certifies personnel actions, reviews disciplinary actions, and provides technical and staff

assistance on appeals;

Assists on group, workman’s compensation and disability insurance issues and the retirement

plan.

Employment Development:

• Conducts initial orientations with new employees;

• Assists in employee and program manager training, counseling and career development;

• Attends program manager evaluation meetings; and

• Ensures that employees prior to employment by the Tribe have met the requirements of the

Tribe’s Drug and Alcohol Policies (Hoopa Valley Tribal Code Title 21).

2.5

INSURANCE ADMINISTRATOR

The Insurance Administration is responsible for administering and evaluating the Tribe’s insurance

coverage, including entities that wish to participate in the Tribe’s insurance program. Included in the

responsibilities are, but are not limited to, group medical, life, pension, and retirement plan, flexible

benefit package, workers compensation, disability, property, and liability insurance. The Administrator is

also responsible for billing departments and entities for insurance coverage and ensuring that all

departments, personnel, and events are properly insured.

2.6

PROGRAM MANAGER

The program manager, whether regular, interim, or temporary, is responsible for the administration of

personnel matters, consistent with this policy, within his/her respective department. It is the

responsibility of each manager to participate in a pro-active manner to identify and solve problems and

deficiencies within the Tribal Government and to address matters at the closest level to where the

service is delivered. The authorities and responsibilities of the program manager shall include, and are

not limited to, the following oversight, administrative and employment development functions:

Oversight Functions:

•

Initiates changes in this policy, special policies and waivers to best meet program needs and

cost effectiveness.

Administration Functions:

•

Informs each employee under their charge of responsibility to know and understand these

personnel policies.

Develops and participates in the evaluation of annual program goals and objectives, program

structure, and service delivery;

Participates and is responsible for the development of subordinate program goals and

objectives, program structure and service delivery;

•

In consultation with the Personnel Director, and develops employee wage/salary classification,

job descriptions, hires, assigns, reassigns and recommends merit increases for staff;

Evaluates staff performance, disciplines staff;

Reports staff accidents and injuries;

Submits certified payroll and approved leave requests; and

Recommends recruitment methods, testing and interview procedures for hire.

Employment Development Functions:

•

2.7

Determines work assignments, schedules and locations;

Develops training, counseling, and career development plans; and

Assists the Fit for Duty Officer in accordance with the Tribe’s Drug and Alcohol Policy.

BOARDS, COMMITTEES AND COMMISSIONS

a) Unless as otherwise delegated in written and approved governing documents to the

contrary, the authority of any board of directors, committee and commission shall be limited

to oversight functions, policy development and interpretation necessary to carry out this

policy. The board, committee or commission may, from time to time, conduct oversight

reviews of the administration of this policy with the program or entity. No board, committee

or commission, or any member of any board, committee, or commission, shall have or

exercise any administrative authorities in carrying out this policy.

b) Each member of a board, committee or commission shall conduct his/herself in a

professional and ethical manor. Information acquired during his/her term of office shall not

be purposely misused or misinterpreted in a manner that results in a misinterpretation of the

truth.

c) It is the responsibility of the board, committee, or commission to enforce policies, rules and

regulations applicable to them, including the conflict of interest and nepotism policies and

the Legislative Procedures Act.

d) Each member of the board, committee or commissions is responsible for enforcing this

section within their membership and shall report, within 10 calendar days any violation to

the Tribal Council along with the recommended actions to remedy the alleged violation.

e) Each member of the board, committee or commission is subject to the Tribe’s Alcohol and

Drug Policy.

CHAPTER 3 – EMPLOYMENT CLASSIFICATION

3.1

EMPLOYMENT CATEGORIES

3.1.1 POLITICAL APPOINTED PERSONNEL

Political appointments are those positions appointed or employed at the political discretion of the

Tribal Council or Chairman and are subject to immediate appointment, removal, or termination by the

Tribal Council or Chairman, excluding members of boards, committees, and commissions. The term of a

Political Appointment shall be determined by the Council or Chairman. Political Appointment personnel

shall not have the ability to appeal termination under these policies except in cases of alleged

discrimination. The decision of the appointing authority shall be final. Political Appointment personnel

who are paid a salary wage shall be entitled to fringe benefits. Appointees are subject to alcohol & drug

testing pursuant to the Tribe’s Alcohol & Drug Policy.

3.1.2 CONSTITUTIONAL APPOINTMENT PERSONNEL

Constitutional appointments are those positions appointed by the council as stated in constitution and

bylaws of the Hoopa Valley Tribe. The term, of a constitutional appointment shall be one (1) year or at

the discretion of the Council. Constitutional appointment personnel shall not have the ability to appeal

termination under these policies except in cases of alleged discrimination. The decision of appointing

authority shall be final. Salary, Stipend, and fringe benefits is determined by the Council. Appointees are

subject to alcohol & drug testing pursuant to the Tribe’s Alcohol & Drug Policy.

3.1.3

SERGEANT AT ARMS TO THE TRIBAL COUNCIL

The Sergeant at Arms to the Tribal Council is a position appointed by the Council as stated in the

constitution and bylaws of the Hoopa Valley Tribe. The term of the Sergeant at Arms shall be one (1)

year or at the discretion of the Council. The Sergeant at Arms shall not have the ability to appeal

termination under these policies except in cases of alleged discrimination. The decision of appointing

authority shall be final. The Sergeant at Arms shall receive health insurance benefits and will be covered

by workers compensation insurance. The Sergeant at Arms is subject to alcohol & drug testing pursuant

to the Tribe’s Alcohol & Drug Policy.

3.1.4 EMPLOYEE

An employee may be employed in a full-time or part-time capacity. Employees are not considered to be

in a management position.

3.1.5 PROGRAM MANAGER

A program manager has the direct responsibility for the functions of the operations of a department,

subordinate programs, company, or business.

3.1.6 CONTRACT EMPLOYEE

A contract employee is one that is hired under a specific employment contract. This policy applies to all

contract employees except where contract language supersedes these personnel policies. In the

absence of a contract employee evaluation process, the Manager’s evaluation and appeal process will

apply to contract employees. Contract employees are subject to the alcohol & drug testing pursuant to

the Tribe’s Alcohol & Drug Policy.

3.1.7 VOLUNTEER/SERVING WITHOUT PAY

Volunteers and persons appointed to serve without pay are not eligible to receive wages and benefits

available to paid employees under this manual other than non-income workers compensation benefits,

provided that they have completed the proper documents and are approved for appointment.

3.2

EMPLOYMENT STATUS

3.2.1 INTRODUCTORY EMPLOYEE

The introductory period shall be an integral part of the selection and screening process and shall be

utilized by the program manager as an opportunity to observe the new employees work, to train and

aid the new employee in adjustment to the position, and to relieve from employment any employee

whose performance fails to meet required standards. All entrances and all promotional appointments

are subject to an introductory period of at least ninety (90) days from the date of hire. Any interruption

of service during the introductory period shall not be counted as part of such period. Employees that

satisfactorily complete the introductory period will be expected to meet the requirements of their job

position and no additional rights attach to that employee’s status as an employee with the exception of

certain fringe benefits that may be available upon completion of the introductory period.

3.2.2 FULL-TIME EMPLOYEE

A full-time employee is one who receives an assignment to work for a minimum of 32 hours per week

on a continuing basis. Full-time employees shall be eligible for benefits described in this Manual if

classified as a regular.

3.2.3 PART-TIME EMPLOYEE

a) A part-time employee is one who receives an assignment to work for less than 30 hours per

week on a continuing basis.

b) A part-time employee may be a regular or temporary employee.

c) A part-time employee shall be eligible for benefits described in this Manual if classified as

regular, prorated to the hours worked.

3.2.4 REGULAR EMPLOYEE

A regular employee is one who has completed the introductory period either in full-time or part-time

capacity.

3.2.5 TEMPORARY EMPLOYEE

a) A temporary employee receives an appointment with the understanding that it is a short-time

assignment.

b) Employees on temporary appointment do not accrue sick or annual leave and are not eligible

for any of the benefits described in this manual with the exception of paid Tribal Holidays

consistent with section 11.1 of this policy. Other benefits may be granted on occasion or to the

extend required by state and federal laws.

c) Should a temporary employee become a regular employee, his/her anniversary date will be

based on the date the said employee acquired regular status.

d) Temporary appointments are limited to six (6) months. Successive temporary appointments to

the same position with the same person are prohibited.

e) A temporary employee shall not have the ability to appeal termination under these policies

except in cases of alleged discrimination.

All temporary or temporary on-call employees are subject to alcohol and drug testing for

positions exceeding seven (7) workdays, pursuant to the Tribe’s Alcohol and Drug Policy.

3.2.6 SEASONAL EMPLOYEE

Program managers may make seasonal appointments where additional employees are needed during a

particular season, provided budgeted funds are available. The types of seasonal employees include:

a) Temporary Seasonal:

A seasonal employee may be hired on a temporary basis for a limited time period and are not

eligible for benefits with the exception of paid Tribal Holidays consistent with section 11.1 of this

policy. Other benefits may be granted on occasion or to the extent required applicable laws.

Seasonal appointments are paid by the hour. Temporary seasonal positions must be advertised

each season.

b) Regular Seasonal:

Regular seasonal employees are reinstated each year for the season and are eligible for all

benefits for the time period in which they are employed. After the initial advertising it is not

required to advertise each season.

3.2.7 VOLUNTEER

Volunteer employees are not entitled to any benefits provided under this policy but shall preform

consistent with these policies. Volunteer employees will be covered by non-income Workers

Compensation Benefits.

a) Volunteers may be dismissed at the discretion of the department manager and have no appeal

rights.

b) All volunteers are subject to alcohol and drug testing for positions exceeding seven (7)

workdays, pursuant to the Tribe’s Alcohol and Drug Policy

CHAPTER 4 – RECRUITMENT AND SELECTION

4.1

RECRUITMENT

To assure that interested persons are informed and qualified persons are attracted to compete, job

vacancies must be publicized for a minimum of 15 days except for temporary appointments for periods

less than fifteen (15) workdays. To assure equal employment opportunity, announcements shall be

posted on bulletin boards and advertised to the extent that they will be available to all members of the

community and other interested parties as deemed necessary by the Personnel Director. Additional

announcements may be made to newspapers, radio and television stations, educational institutions, and

community organizations as needed.

4.2

JOB ANNOUNCEMENTS

Vacancy announcements shall include the position title, filing deadline, salary range, brief description of

major duties, responsibilities, and minimum qualifications for the position. The announcement shall also

include an Indian Preference statement and Drug Policy statement. Public notices shall be done in a

cost-effective manner.

4.3

FILING APPLICATIONS

a) Application for employment shall be made on forms provided by the Personnel Department and

must be filed with that office on or prior to the closing date specified in the announcement or

postmarked before midnight of that date. Such applications may require information concerning

education, experience, references, and other pertinent information. All applications shall be

signed, and the truth of the statements contained therein certified by such signatures.

b) Applications for employment will be accepted at any time. The applications will be kept on file

for one year and, applicants will be considered for positions if requested by the applicant.

c) All applicants shall be informed of the Tribe’s Alcohol and Drug Policy.

4.4

AFFIRMATIVE ACTION

a) Candidates for employment will be considered without regard to race, color, age, religion,

national origins, political affiliation, marital status, sex, disability, or other non-merit factor.

b) As provided by TERO, qualified members of the Hoopa Valley Tribe and other qualified Indians

of a federally recognized Tribe shall be given preference in hiring.

4.5

QUALIFICATIONS

The program manager shall screen all applications for minimum qualifications requirements established

for the job. Minimum qualification requirements reflect only the basic knowledge, skills, and abilities

which are directly related to the duties of the position. Applicants who meet the minimum qualifications

shall be rated qualified. Applicants who do not meet these requirements will not be considered for

employment and shall be notified in writing by the Personnel Department.

4.6

EVALUATION OF APPLICANTS

a) Evaluation of applicants can take the form of written examinations, oral interviews, consideration

of training/education and experience, and previous job performance, etc. All applicants must be

evaluated by the same method. Whatever form the evaluation takes, it must be practical in

nature, job-related, and constructed to reveal the capacity of the candidate for the particular

position for which he or she is competing.

b) Applicants for a position are ranked by the Personnel Director or by a Selection Committee.

4.7

INTERVIEW PANEL

a) Interview panel may be convened by the program manager or Personnel Director.

b) The Committee will consist of two to three individuals selected for their knowledge of the

position, objectivity, and skill in interviewing and evaluating qualifications of candidates.

4.8

SELECTION

a) Neither the Personnel Director nor the interview panel will make hiring decisions. They will rank

applicants and send the list to the appropriate program manager for action.

b) The selection of key management personnel must be confirmed by the Tribal Council. A final

offer of employment will be contingent upon completion of a favorable background

investigation. Key positions are defined as political and constitutional appointment personnel

and program managers.

c) All selected applicants will be subject to alcohol and drug testing pursuant to the Tribe’s Alcohol

and Drug Testing Policy.

d) Background investigations may be required for other employment positions if contained in the

minimum qualifications or job description.

4.9

APPOINTMENT

Prospective employees shall receive written offers of employment. Upon arrival in the workplace,

employees will be given an initial orientation regarding employment with the Tribe. The written

offer will include a brief description of the job, starting salary, effective date of employment and

other specific conditions relating to the individual’s employment.

4.10

PAYROLL CERTIFICATION

The Personnel Director shall certify those persons who have been appointed and are employed in

accordance with the provisions of these policies. The Chief Financial Officer shall not approve

payment for salary/and or wages to any person who has not been so certified to begin

employment by the Personnel Director.

CHAPTER 5 – CONDITIONS OF EMPLOYMENT

5.1

CHAIN OF COMMAND POLICY

It is the policy of the Tribal Council that all violations of the chain of command are prohibited

within the operations of the Tribe with respect to policy and personnel matters. Any employee or

manager who violates the chain of command policy may be subject to immediate disciplinary

action, including possible termination of employment. A violation to the chain of command policy

is defined as, 1) when an employee usurps the established lines of authority within the Tribal

structure without first discussing the matter with his/her immediate supervisor, then program

manager; or 2), when a program manager submits a matter to the Tribal Chairman and/or Council

without including a recommended solution.

5.2

MANAGEMENT GENERAL PRINCIPLES

a) The Tribal Council shall require performance from its program managers that is in accordance

with the roles and responsibilities of the position.

b) Program managers have a direct responsibility to contribute to the continued development and

improvement of the Tribal Government. These include goal setting, evaluations and problem

solving.

c) Persons holding management positions are expected to know the responsibilities of their jobs,

contribute to the identification and resolution of deficiencies in the Tribal structure that impact

their jobs, programs, and services.

5.3

EMPLOYEE GENERAL PRINCIPLES

a) The Tribal Council shall require performance from its employees that is in accordance with the

roles and responsibilities of the position.

b) New employees shall receive an orientation on job requirements by the immediate supervisor.

c) Employees shall be fully informed of the performance requirements of the positions they fill and

shall receive a current copy of their job description.

d) Employees shall be informed of the location and accessibility of the personnel manual and if

requested by the employee shall receive clarification from their immediate supervisor on all

personnel matters affecting them such as fringe benefits, pay policies, Indian Preference, etc.

e) Employees shall be informed of any inadequacies in their job performance and shall have

reasonable opportunity to improve performance through counseling or coaching from the

supervisor. If counseling or coaching fails, the employee may be terminated from his/her

position.

Employees shall be permitted to submit complaints through grievance procedures without

reprisal.

g) Employees shall be informed in writing of any adverse actions that may directly affect them.

h) Personnel information about employees shall be protected. Personnel folders shall only be

available to the employee and officially authorized personnel consistent with Chapter 14 of this

policy.

Employees shall be reimbursed for expenses accumulated for travel and transportation on

authorized Tribal activities at rates approved by the Council.

Employees are encouraged to exercise their political rights as citizens and Tribal Members. They

may vote as they choose, support candidates of their choice, and express their political opinions.

However, political activities must take place outside of working hours and away from Tribal

Offices.

5.4

EMPLOYEE RESPONSIBILITIES

a) Employees shall provide complete and accurate information in their job applications.

b) Employees shall perform “other duties as assigned,” as it pertains to their position or goals of

the Tribe.

c) Employees shall be expected to make a reasonable effort to improve performance when the

supervisor has identified inadequacies.

d) All employees shall read this manual in its entirety, shall keep abreast of changes and revisions,

and shall seek clarification when necessary.

e) No employee shall presume to speak for the Hoopa Valley Tribe to any mass media outlet on

any matter concerning the Tribe without the delegated authority to do so, or the express prior

written approval of the Tribal Council, or unless public relations, negotiations, and similar work is

a duty of the employee’s position.

Employees shall be expected to dress in a manner appropriate to their position and proper in

respect to specific occasions. Each program manager is responsible for establishing a reasonable

dress code appropriate for their department. Personal overall appearance shall be a matter of

concern for each employee, which includes but is not limited to grooming and personal hygiene.

The manner has sole discretion to determine whether an employee’s appearance is appropriate

for his/her job position.

g) An employee shall not solicit or accept gifts, contributions, favors, etc., for personal gain value

from any person or organization doing business with the Hoopa Valley Tribe.

h) No children of the employees shall be allowed in the Tribal Offices during work hours.

Employees are responsible for the maintenance and upkeep of all Tribal Equipment.

Employees are required to abide by all policies and procedures, including the Tribe’s Alcohol

and Drug Testing Policy

k) Any employee leaving a work site must notify and seek authorization from their supervisor in

advance. Every employee is required to be at the work site as directed by the program manager

or his/her immediate supervisor.

5.5

HARASSMENT POLICY

The Hoopa Valley Tribal Council strives to maintain a work environment in which all individuals may

expect to be treated with dignity, respect, and courtesy. The purpose of this policy is to foster a positive

and safe organizational culture free of intimidation, oppression, and exploitation; unlawful harassment

of any kind will not be tolerated. All tribal employees and volunteers, as well as all members of the

Tribal Council and all members of the Tribe’s Boards, Committees, and Commissions, are subject to this

harassment policy. Through education and enforcement of this policy the Hoopa Valley Tribal Council

will seek to prevent, correct, and discipline behaviors that violate this policy. Violation of this policy will

result in disciplinary action, which may include termination of employment. The Tribal Council accepts

no liability for harassment of one employee by another. The individual who commits prohibited

harassment is personally liable for such actions and their consequences.

5.5.1 UNACCEPTABLE CONDUCT

a. Harassment. Harassment is prohibited by federal and tribal employment laws. This policy

prohibits harassment of any kind. Harassment is defined as: Any unwelcome verbal, non-verbal,

or physical conduct designed to threaten, intimidate, or coerce employees. Such conduct directly

impairs an employee’s physical, mental, and/or emotional ability to perform their job.

Harassment can take the form of unwelcome verbal (including jokes, comments, slurs, and

gossip) or non-verbal (including the distribution or display of material in any medium)

communication as well as unwelcome physical contact (touching, assault, and destruction of

property).

b. Sexual Harassment. Sexual Harassment in any form is prohibited under this policy as well as

federal and tribal law. Sexual Harassment is defined as: Unwelcomed sexual advances, requests

for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or

rejection of such conduct is used as the basis for employment decisions or such conduct has the

purpose or effect of creating an intimidating, hostile, or offensive working environment. The

determination of whether sexual harassment has occurred takes into consideration the

perceptions of the individual being harassed, not solely the intentions of the alleged harasser.

Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable

nature. It refers to behavior that is unwelcome, that is personally offensive, and that lowers morale,

thereby interfering with work effectiveness.

5.5.2 COMPLAINTS AND INVESTIGATIONS

The Personnel/HR Department shall develop guidelines, to be approved under the Legislative

Procedures Act, for implementing this harassment policy, including the process for receiving and

investigating harassment complaints and carrying out the appropriate corrective

action/discipline in response to violations of this harassment policy.

5.5.3 RETALIATION

Retaliation or attempted retaliation is a violation of this policy. Anyone who does so will be

subject to severe sanctions up to and including termination. No hardship, loss of benefits, or

penalty may be imposed on an employee as punishment for:

•

Filing or responding to a harassment complaint

Appearing as a witness in the investigation of a harassment complaint; or

Serving as an investigator of a harassment complaint.

5.5.4 GROUNDLESS AND MALICIOUS COMPLAINTS

Filing groundless or malicious complaints are an abuse of this policy and are prohibited. A

complaint deemed groundless or malicious may be subject to review for disciplinary action up

to and including termination.

5.6

DRIVER’S LICENSE REQUIREMENT

The Hoopa Valley Tribe does not require employees or applicants to possess a valid driver’s license

unless the responsibilities of the position explicitly include operating a motor vehicle as an essential

function.

A valid driver’s license will only be required when:

a) The employee is expected to drive a Tribal owned, or personal vehicle for business purposes

as part of their job duties; or

b) Driving is a critical operational requirement based on the nature of the work or regulatory

obligations.

CHAPTER 6 – EMPLOYEE & MANAGER PERFORMANCE, EVALUATION

6.1

EMPLOYEE AND MANAGER EVALUATION PROCEDURES

It is the policy of the Hoopa Valley Tribe that employees and managers be provided constructive and

objective feedback regularly to maximize their contributions to the organizations. The employee and

manager evaluation performance appraisal serves purposes. The most important aspects are

communication between the supervisor and employee regarding any changes in the employee’s job,

areas of performance strength and weakness, and areas of specific training need. It is the responsibility

of the program manager to make reasonable efforts to conduct employee evaluations at least once a

year. Evaluations conducted under this policy include, but are not limited to, introductory, employee

and manager reviews.

6.1.1 INTRODUCTORY EVALUATIONS

Written evaluations are made on introductory employee performance one month prior to completion of

the introductory period. The Personnel Department shall send reminders to managers when the

introductory performance reviews are due. However, failure to send the reminder does not excuse the

manager from the responsibility to conduct the evaluation.

Evaluation of an employee’s performance during the introductory period is a continuing process.

However, one month prior to completion of the introductory period, the employee’s manager will

provide a detailed assessment in writing of the employee’s performance with a recommendation to take

one of the following actions:

•

6.1.2

Affirm that the services of the employee have been found to be satisfactory and certifies that the

employee be given a regular appointment to the position.

Recommend that the employee’s services be terminated.

Recommend that the introductory period be extended.

EXTENSION OF INTRODUCTORY PERIOD

A program manager, may with the concurrence of the Personnel Director, extend an employee’s

introductory period for a specific time not to exceed an additional 90 days. The employee shall be

notified of the reason for the extension, and a further report and decision shall be required at the end

of this additional period.

6.1.3 TERMINATION DURING INTRODUCTORY PERIOD

The employment of introductory employees is at the will of the employer and may be terminated at any

time. The reason or reasons for the termination of the introductory employee will be documented in the

employee’s personnel file for records purposes.

6.2

MANAGEMENT EVALUATIONS

Managers are hired based upon their expertise and ability to manage in the discipline for which they

were hired. The premise upon which management evaluations will be based is that managers are

expected to be among the most knowledgeable in developing decisions and for addressing problem

areas within their program.

Program managers will be evaluated at least annually, or as otherwise needed, by the Tribal Chairman

or his/her authorized representative using the manager evaluation forms provided by the Personnel

Department. Performance deficiencies will be identified during the evaluation or under a separate

document and provided to the manager. Annual manager evaluations will be consistent within the

provision of the Tribal Audit and Report Policy. Managers will be provided a copy of the completed

evaluation form, and a copy will be placed in the manager’s personnel file. A manager may submit a

written response to the evaluation which will be placed in the manager’s personnel file.

Managers will be evaluated on the following criteria:

•

Goals and objectives – Progress/achievements;

Management of finances and Tribal assets;

Efforts/ability to identify and solve problems;

Administrative functions – personnel/budget management, application/waiver of policies and

procedures; and

Identification of areas needing improvement.

Other written criteria that are related to the manager’s duties.

Poor and/or unsatisfactory duties by managers at any time during their employment may result in

disciplinary action or termination.

6.3

EMPLOYEE EVALUATIONS

Regular employee evaluations will be conducted annually, or as otherwise needed, by the program

manager or his/her authorized representative using the employee evaluation forms provided by the

personnel department. Performance deficiencies will be identified during the evaluation or under a

separate document and provided to the employee. Employees will be provided a copy of the completed

evaluation form, and a copy will be placed in the employee’s personnel file.

Employees will be evaluated on the following criteria:

•

Work performance;

Knowledge of job/ability to satisfactory perform;

Administrative functions, timecards, property control, attendance;

Efforts/ability to understand, address and remedy job related problems; and

Identification of areas needing improvement.

Other written criteria that are related to the employee’s duties.

The supervisor and employee will meet to discuss the completed evaluation form. The evaluation form

shall be signed by the employee and supervisor and forwarded to the program manager for review.

Following review, the form shall be forwarded to the employee’s personnel file. Employees disagreeing

with a performance evaluation shall sign the report to acknowledge they have read it. The employee

may outline in writing their basis for disagreement to be included with the evaluation.

CHAPTER 7 – CHANGES IN EMPLOYMENT STATUS

There are various factors that can affect an employee’s or manager’s status of employment within the

tribe. These can include actions intended to benefit an employee or manager following superior work

performance, those that are mutually agreed to by the employee or manager and Tribe, as well as those

actions resulting from the need to take corrective actions resulting from less than satisfactory work

performance. Any employee or manager who does not agree with actions taken to change his or her

employment status with the tribe may appeal such actions through the appropriate employee or

manager procedures contained in this policy. Examples in employment status include:

7.1

PROMOTION

Vacancies shall be filled by promotion whenever practical and in the best interest of the Hoopa Valley

Tribe. Promotion occurs when an employee moves from his/her current position to a position of

increased responsibility and complexity. No employee may be promoted permanently if he/she does

not meet the minimum qualifications at the higher-level position.

7.1.1 TEMPORARY PROMOTIONS

Temporary promotions may be made in certain situations such as periods of extended leave, special

temporary projects, etc. Competition will not be required for a temporary promotion, but the employee

must be preforming the higher-level duties for at least two pay periods. The employee will be paid at

the usual higher rate of the higher-level position. If the employee receives a pay increase for the

temporary promotion, the employee’s pay will revert to his/her previous pay when the temporary

promotion is over.

7.1.2 RETROACTIVE PROMOTIONS & PAY INCREASES

Promotions and pay increases shall not be retroactive before the date of approval by the appointing

power authority. The program manager is responsible to provide the necessary forms and

documentation to the Personnel Department in advance of any deadlines for processing promotions or

pay increases.

7.2

TRANSFER/REASSIGNMENT

Transfer is when an employee is moved from one position to another position. An employee must meet

the minimum qualifications of the said job before he/she can be transferred to it. Reassignment is when

an employee is returned to a formally held position. The Personnel Director shall verify the employee

meets the qualifications for the position. The salary paid to a transferred or reassigned employee shall

be at the rate normally paid for the position by the department or entity.

7.3

SEPARATION

Separation is when there is a termination of an employee relationship with the tribe. When separation

occurs, the employee’s final paycheck will not be prepared by the Fiscal Department until a statement

of clearance is submitted by the program manager stating that all Tribal assets have been returned and

any outstanding obligations to the Tribe have been cleared.

7.4

RETIREMENT

Retirement is the separation of an employee in accordance with the provisions of the retirement system

under which the employee may be eligible to receive benefits.

7.5

RESIGNATION

8) Resignation is the separation of an employee by his/her voluntary act.

8) The employee should give at least two weeks prior notice of the resignation in writing to the

immediate supervisor. A copy of the notice shall be forwarded to the Personnel Director by the

program manager.

8) Employees who are not at work without prior authorization and have not contacted their

supervisor after three (3) scheduled working days from the last day the employee worked or the

end of authorized leave, shall be deemed to have resigned.

7.6

LAYOFF

8) An employee may be laid off whenever it is deemed necessary by reason or lack of work or

funds due to program reduction, reorganization, or other administrative adjustments.

8) The affected employee(s) shall be notified of an impending layoff within at least ten (10)

working days prior to the effective date of the layoff, when possible. The notification shall state

the reasons for the layoff and the option(s) the employee has, if any, for reassignment and

subsequent re-employment.

8) Seniority, performance, and type of appointment shall be considered in determining the order of

layoff. No Employee is to be separated by layoff until all temporary and introductory employees

serving in the same job classification have been separated.

7.7

DISMISSAL

An employee may be dismissed at any time when there is a reasonable basis for such termination.

Examples of such reasonable basis are, but are not limited to, the employee’s inappropriate behavior at

work, failure to perform the required duties of the job, lack of funding for the position, restructuring of

a department, or any reasonable business judgment or economic reason in making the decision to

terminate the employee. When an employee is subject to dismissal for employee-based conduct, the

program manager shall have followed the procedures specified in section 8 of these policies. Employees

may be immediately terminated without notice when it is determined by the program manager’s

reasonable judgment that the employee’s specific behavior is seriously prejudicial to the best interests

of the Tribe. For the purposes of this section an employee shall also include the program managers.

Program managers shall consult with the Office of Tribal Attorney prior to any employee termination. A

program manager may not dismiss an employee without consulting the Personnel Director who shall

verify that all required documentation has been properly placed in the employee’s file and the Office of

Tribal Attorney has reviewed the termination.

7.8

END OF CONTRACT PERIOD

Employment of a contract employee with the Tribe shall end upon expiration of the contract.

CHAPTER 8 – CHANGES OF EMPLOYMENT RESULTING FROM DISCIPLINARY ACTION

8.1

DISCIPLINARY ACTION – EMPLOYEES

Disciplinary action including termination or demotion, may be taken against any employee. Program

managers must demonstrate that counseling on specific areas of poor performance has occurred, and

that insufficient improvement has taken place as a result of counseling or other corrective efforts.

Unsatisfactory performance must be documented and must relate to the employee’s job description

and employee’s evaluation. However, employee’s may be immediately terminated without notice when

it is determined by the program manager’s reasonable judgment that the employee’s specific behavior

is seriously prejudicial to the best interests of the Tribe.

8.1.1 CORRECTIVE INTERVIEW/WRITTEN WARNING

The supervisor shall discuss a problem with the employee and suggest corrective action. Within five (5)

workdays following the corrective interview, the program manager and/or supervisor.

shall file with the employee and Personnel Department a written warning from the identified problem

and suggested corrective action needed by the employee. If the employee has taken the corrective

action and the program manager is satisfied, the written warning may be removed from the employee’s

personnel file at the employee’s request after twelve (12) months.

8.1.2

WRITTEN REPRIMAND/DISCIPLINARY ACTION

At the discretion of the program manager, disciplinary action may be taken against an employee at the

time that a written reprimand is given. In the event of immediate termination, a written notice of

termination shall be given in place of a reprimand.

A written reprimand/notice of disciplinary action shall be addressed to the employee and reasonably

includes the following information: the behavior and dates that support the charge and the type of

disciplinary action being taken against the employee. The employee will be advised that the

continuance of inappropriate behavior will result in more severe disciplinary action, which could include

termination. Employees shall be advised of the employee grievance procedures regarding disciplinary

action and that they may take the matter up the department’s chain of command should the employee

not agree with their immediate supervisor’s action.

A signed copy of the reprimand shall be included in the employee’s personnel file, and the employee

will have the opportunity to submit comments for the personnel folder. The types of disciplinary action

which may be taken, but not limited to, include:

a) Disciplinary Probation: Disciplinary probation is when an employee is placed in probationary

status sending further review of job performance. The notice will explain the reasons for the

probationary period, the duration, the standards for judging the employee’s improvements and

the action to be taken if the deficiencies are not corrected within the probationary period. A

copy of the personnel action is placed in the employee’s personnel file. In no instance shall

disciplinary probation be more than 90 days.

b) Suspension With/Without Pay: Suspension with pay will be allowed in cases of pending

investigation and while waiting to be assessed or waiting for results of a for cause drug test. The

program manager may suspend an employee with pay for up to, but not exceeding (30)

calendar days. On or before the effective date of the suspension, the supervisor will furnish the

employee with a written statement setting forth reasons for the suspension, the effective dates

of the suspension, and the date the employee is to return to work.

c) Demotion: Demotion is defined as when an employee is moved to a lower level of responsibility

and compensation for disciplinary reasons.

d) Dismissal: Dismissal is when an employee is removed from employment.

8.1.3 EXAMPLES OF PENALTIES

The penalties listed below are guidelines only to serve as examples of inappropriate behavior and are

not intended to limit other appropriate action. These penalties need to be followed in the order

indicated also they are in addition to any which may be imposed by a court of law.

KIND OF OFFENCE

Unsatisfactory Job

Performance.

Neglect of Duty/

Sleeping on the Job.

Excessive

absenteeism/Tardiness;

abuse of policies.

Insubordination; failure to

carry out legitimate

instructions or duties.

Releasing confidential

information without proper

authorization.

1ST PENALTY

Corrective Interview/

Written Warning

Disciplinary Action or

Dismissal

Corrective

Interview/Written Warning

2ND PENALTY

Disciplinary Action

3RD PENALTY

Dismissal

Disciplinary Action

Disciplinary Action or

Dismissal

Disciplinary Action or

Dismissal

Vending, soliciting, or

collecting contributions on

employer time of premises

without authorization.

Corrective Interview/

Written Warning

Reporting under the

influence of alcohol or

drugs.

Consuming alcohol or drugs

on the job.

Misconduct

Refer to Alcohol and Drug

Policy

Violation of safety

regulations.

Intentional falsification of

information on employment

application or falsification of

personnel records, time

sheet, or other records.

Falsifying or counterfeiting

expense claims.

Theft of unauthorized

possession of tribal

property.

Acceptance or solicitation of

gifts; unless it’s a promotion

or company logo.

Acceptance of bribes in

official capacity.

AWOL 1–3 Days

Harassment

8.2

Refer to Alcohol and Drug

Policy

Disciplinary

Action

Dismissal

Corrective Interview/

Written Warning

Repayment; Disciplinary

Action or Dismissal

Disciplinary Action

Dismissal

Disciplinary Action

Dismissal

Repayment; Disciplinary

Action or Dismissal

Dismissal; Prosecution

Repayment; Dismissal

Repayment or forfeiture;

Disciplinary Action or

Dismissal

Disciplinary Action or

Dismissal

Refer to Section 5.5 of this

policy

DISCIPLINARY ACTION – MANAGERS

Program managers are employees of the Tribe and shall be subject to the same requirements as

specified in section 8.1 with the exception that the Tribal Chairman has the authority to

discipline or terminate program managers.

CHAPTER 9 – GRIEVANCE PROCEDURES

Grievance procedures are accorded to all non-introductory regular employees and managers. The

person filing a grievance shall be free from restraint, coercion, discrimination, or reprisal. A copy of the

grievance procedure will be provided by request to any manager and employee against whom the

disciplinary action is taken.

9.1

MANAGERS GRIEVANCE PROCEDURES

Within five (5) calendar days following any disciplinary action or termination of employment; the

Program manager may submit in writing to his or her immediate supervisor who may be the Tribal

Chairman, a summary of the reasons and any documentary evidence supporting why the said action

should not have been taken against the Program Manager. If the immediate supervisor does not

respond within ten (10) calendar days, the prior decision shall be deemed to be upheld. Failure of the

disciplined or terminated program manager to submit a response to the disciplinary action within the

time period specified shall constitute an automatic withdrawal of the grievance. With the exception of

persons who have been terminated as described in § 9.3 of this Ordinance, the supervisor’s decision

shall be final. The program manager’s submission and any supervisor responses will be kept in the

program manager’s file. Whenever a response is required in a certain number of days, the time

computation does not include the day the action was taken, but begins as of the next following day and

runs until the last day specified, unless the last day falls on a weekend or a Tribal Holiday, in which even

the due date is the next Tribal workday.

9.2

EMPLOYEE GRIEVANCE PROCEDURE

Within 5 (five) calendar days following any disciplinary action or termination of employment, the

employee may submit in writing to his or her immediate supervisor a summary of the reasons and any

documentary evidence supporting why the said action should not have been taken against the

employee. If the process does not resolve the grievance to the employee’s satisfaction, the employee

may submit a written grievance to the Program manager of the immediate department for which the

employee works. If the Program manager of the immediate department for which the employee works

does not respond within ten (10) calendar days, the prior decision shall be deemed to be upheld. Failure

of the disciplined or terminated employee to follow the specified timelines shall constitute an automatic

withdrawal of the grievance. With the exception of persons who have been terminated as described in §

9.3 of this Ordinance, the program manager’s decision shall be final. The employee’s submission and

any supervisor responses will be kept in the employee’s file. Whenever a response is required in a

certain number of days, the time computation does not include the day the action was taken, but

begins as of the next following day and runs until the last day specified, unless the last day falls on a

weekend or a Tribal Holiday, in which even the due date is the next Tribal workday.

9.3

TERMINATED EMPLOYEES/PROGRAM MANAGERS

This section shall only apply in cases where an employee or program manager employment has been

terminated. After appealing a termination according to the time frames set forth in § 9.1

and § 9.2 of this section all non- introductory, full time or part-time, regular employees and program

managers if they choose to appeal their grievance may file a complaint in the Hoopa Valley Tribal Court

according to § 5.1 of this Title. Terminated employees shall have thirty (30) calendar days from the date

of termination to file a complaint with the Hoopa Valley Tribal Court. Whenever a response is required

in a certain number of days, the time computation does not include the day the action was taken, but

begins as of the next following day and runs until the last day specified, unless the last day falls on a

weekend or Tribal Holiday, in which evet the due date is the next Tribal workday. All untimely

complaints shall be dismissed, and the Hoopa Valley Tribal Court shall have no jurisdiction over the

matter.

CHAPTER 10 – CLASSIFICATION AND COMPENSATION

10.1

CLASSIFICATION

The position classification system groups jobs into categories based upon the type and difficulty

of work performed and ranks the category according to predetermined standards. A

classification system does not evaluate people. It evaluates and describes the duties of positions.

The objective of the system is to assure employees that there has been an objective analysis of

the place of their position within the organization’s structure and that pay administration and

other actions will be handled equitable for equivalent positions.

A position is classified after a careful study of the duties and responsibilities assigned to the

position. This process requires a systematic study of the organizational structures, position

descriptions, an interview of the supervisor and the employee, and other techniques as needed

to gather the necessary information about the position or positions concerned.

If the assignment of an employee has changed substantially as to type or level of work, a revised

position description should be written, and the position considered for re-classification.

10.2

COMPENSATION

A current salary plan shall be maintained by the Hoopa Valley Tribe by conducting a periodic

salary survey and job analysis.

In setting salaries for a particular position, the following are considered:

•

Salaries for similar positions in the same category.

Availability of program funds.

Minimum wage (no employee shall receive less)

Outstanding qualifications of the applicant for the position.

Increases for superior performance or longevity.

Most salaries are set at the first step of the salary range. The Council may authorize hiring at a

higher step in the pay schedule upon the request of the program manager. The salary may be

set at a higher step if the person selected has qualifications which significantly exceed the

minimum qualifications specified in the job description. The basis for this determination must be

documented and should be included in the personnel folder.

Annual evaluations of regular employees may result in recommendations for salary increases.

Merit salary increases are not automatic. Program managers shall recommend to the Personnel

Director merit increases only for those employees who have demonstrated superior standards of

work performance.

The feasibility of a cost-of-living increase shall be determined and approved by the Tribal

Council.

Program managers and the Tribal Council must certify that the sufficient funds are able to cover

the cost of salary increases as provided in these rules and that no budgetary or service

deficiency will thereby be created.

Pay days are bi-weekly and will be paid every other Thursday. Should a pay day fall on a holiday,

the pay day shall be the preceding day prior to the holiday.

Pay advances will not be granted except in emergencies. When requests for pay advances are

made, they must be submitted in writing with evidence supporting the emergency and must be

approved by the program manager and the Chief Financial Officer. Pay advances shall be limited

to the amount of accrued compensation at the time of request.

Premium or Hazard Pay may be temporarily granted by a majority vote of the Tribal Council, on

a position-by-position basis, to employees who normally would be on administrative leave

during an emergency declared by the Tribal Council, but are subsequently declared to be

essential employees and called back to duty by the Tribal Chairman at the request of the

Incident Commander for the disaster or emergency.

•

Premium Pay is defined as a night-time and weekend differential pay.

Hazard Pay is defined as pay to compensate front-line employees who are directly

exposed during the declared emergency. A temporary hazard pay increase may not

exceed 50% of the rate of pay at the time the emergency is declared.

If Federal law provides Premium or Hazard Pay greater than described above for a

declared emergency, the Tribal Council may approve, by majority vote, that the Tribe

complies with the Federal law in order to provide more benefits to its employees.

10.3

HOURS OF WORK

The normal work week for full time employees shall be 32 hours.

The normal schedule is Monday through Thursday, eight hours a day from 8:00 a.m. to 5:00 p.m.,

except where otherwise scheduled. One hour is allocated for lunch.

A temporary flex-time schedule may be approved for an employee by the Tribal Chairman,

providing all flex-time is fully justified and approved in advance.

A temporary flex-time schedule may be approved for all employees by the Tribal Chairman in

emergency situations such as adverse weather conditions.

10.4

OVERTIME AND COMPENSATORY TIME

It is expected that, from time to time, managers and other salaried personnel may be required to work

hours more than the normal work schedule. Program managers and other salaried personnel are not

eligible to receive overtime or compensation time.

It is the policy of the Hoopa Valley Tribe that overtime work be held to a minimum and reserved

for essential or emergency situations. Any and all overtime/compensatory time must be

approved in advance by the immediate supervisor. Paid overtime must be approved by the

immediate supervisor. Paid overtime must be approved by the program manager, providing

funds are available.

Non-management employees who work more than forty hours a week shall be paid 1 ½ times

the hourly rate for each hour worked over forty hours in a week.

c) Non-management employees shall receive double the hourly rate for all hours worked in excess of

60 hours each week and for hours in excess of eight hours on the seventh day of any work week.

Any employee may be employed on the seventh workday in one week with no overtime pay when

the total hours do not exceed thirty for the work week, or six in any work day.

d) When no funds are available for overtime pay for non-management employees, 1 ½ hours of

“comp” (compensatory) time shall be given for each hour of work over forty hours in a work week

provided written authorization has been given.

e) Comp-time shall be used as soon as possible, but at a mutually acceptable time for employee and

supervisor. Employees may not accrue comp-time over a 40-hour balance, unless approved by the

Tribal Chairman. An employee wishing to earn a comp-time must obtain the approval of his or her

supervisor in writing before working the extra hours.

Employees must punch out when attending meetings which do not pertain to their jobs, during

working hours. They must use either compensatory time or annual leave, or leave without pay,

provided their supervisor has approved the leave request.

g) Employees may be required to spend time in travel status and in attending training sessions as part

of their job requirements and are not eligible for overtime or compensatory time.

10.5

TIMECARD PROCEDURES

The Program manager is responsible for certifying the accuracy of payroll documentation. Neglect of

responsibility for certifying payroll documentation shall be reflected in the manager’s evaluation.

Every employee of the Hoopa Valley Tribal Council shall utilize the timecard procedures with the

exception of management employees. Timecards will not be accepted or approved if they do not follow

the procedures below:

a) Timecards with time written in by hand, typed, or any other non-conformance are not acceptable.

When an employee fails to punch in or out, the Immediate Supervisor must verify that the employee

worked by initialing the timecard.

b) Timecards will be punched at the start of each work day, at the beginning and end of lunch periods

and at the end of the workday.

c) Absolutely no one may punch a timecard in or out for another employee under any circumstances.

Violation of this policy may be grounds for dismissal.

d) Time punched in early at the beginning of the workday and punched out late at the end of the

workday will not be allowed to be used towards compensatory time or overtime, unless prior

written approval is obtained.

e) Employees may not use annual, sick, or compensatory leave to compensate for tardiness.

No employee shall work through their lunch period and add it to hours worked without prior

written approval from the program manager in each occurrence.

g) Employees who punch more than five minutes past their scheduled work time will be docked onequarter of an hour of pay. Example if scheduled work time is 8:00am:

•

8:01 am.

8:06 am.

8:16 am.

8:31 am.

8:46 am.

9:01 am.

No docking

Dock fifteen minutes

Dock one-half hour

Dock forty-five minutes

Dock one hour

Is considered absent without official leave (A.W.O.L)

h) Employees shall not take more than the allocated time for lunch period. Employees will

docked when late.

Employees punching out early will be paid only the actual time worked.

Employees are not allowed to carry timecards with them.

CHAPTER 11 – EMPLOYEE BENEFITS

11.1

HOLIDAYS

a) The following holiday are recognized as paid holidays by the Hoopa Valley Tribe:

•

New Year’s Day

Martin Luther King Jr. Day

President’s Day

Memorial Day

Independence Day

Sovereign Day

Labor Day

•

Day of the Boat Dance

Indian Day (Last Friday in

September)

Veteran’s Day

Thanksgiving Day

Friday after Thanksgiving

Christmas Day

b) After three (3) years of service, employees will be eligible for one floating holiday each year. The

floating holiday may be added to vacation time.

c) Floating Holidays must be used within the fiscal year they are accrued otherwise they will be

lost; floating holidays do not carry over into the following fiscal year.

d) Employees eligible to receive floating holidays who have separated from tribal employment

before a floating holiday is used, shall be entitled to payment for the accrued floating holiday.

e) Holidays falling on Saturday shall be observed on the Thursday preceding. Those falling on

Sunday shall be observing the following Monday.

Part-time employees and temporary employees may receive a paid holiday if such a holiday falls

on one of their regular workdays. Part-time employees who work on a regularly scheduled work

week, but with unequal hours per day, may be paid for the hours regularly scheduled for that

day.

g) Employees wishing to observe religious holidays or participate in religious ceremonies during

normal working hours must take annual leave.

11.2

LEAVE POLICY

The transfer of accrued leave of any type from one employee to another is not permitted. The Tribal

Council reserves the right to appoint or employ additional employees to serve in a temporary position

in place of a regular employee who is on official leave.

h) Leave is any authorized absence, with or without pay, during regularly scheduled work hours

and shall not exceed six (6) months. Requests for such leave must be in writing and must

establish reasonable justification for approval of request.

Leave is granted on the basis of the work requirements and whenever possible, the personal

wishes of the employee. Leave must be approved in advance by the program manager.

Absence without leave (AWOL), is an unauthorized absence and shall be subject to disciplinary

action.

k) Any employee failing to return to work at the end of an authorized leave and failing to contact

the program manager within three (3) working days is deemed to have resigned.

11.3

All leaves of absence for periods in excess of ninety (90) days must be approved by the tribal

chairman. Such leave will not be approved for an employee who is accepting employment

outside Tribal Government.

ANNUAL LEAVE

a) All regular employees and program managers accrue annul leave from the date of employment,

but no annual leave may be taken until the completion of the Introductory period.

•

0 – 3 years of service

4 – 10 years of service

11 – 15 years of service

16 – 20 years of service

21 or more years of service

8 hours per month

12 hours per month

14 hours per month

16 hours per month

20 hours per month

b) Annual leave for part-time regular employees is accrued on a prorated basis.

c) An authorized holiday falling within an employee’s approved leave will not be counted as annual

leave time.

d) Vacations are to be arranged at times that are most convenient for the Hoopa Valley Tribe,

although the individual employee’s preference will be given due consideration. When two or

more employee’s desire the same leave time, and only one can be spared, the choice will be

given to the senior employee. Annual leave will be taken during the period of the grant or

calendar year.

e) Annual leave maximum carryover per year is 240 hours. If the hours are in excess of the carry

over amount, accrual of annual leave will cease until annual leave balance recedes to 240 hours

or less at which time the accrual will again commence.

An employee who terminates during the initial introductory period shall not be entitled to

annual leave. Those employees who have completed their initial introductory period and are

separated from Tribal employment, shall be entitled to payment for accrued leave. In no case

shall payment be for more than the maximum accumulation. In case of death, compensation for

accrued annual leave shall be paid in the same manner that salary due is paid.

g) It is the policy of the Tribal Council that all employees take annual leave. It is the responsibility

of program managers to require their personnel to take vacations during the year in which leave

is earned. Payment of money in lieu of accrued leave will not be permitted.

h) When the transfer of an employee, from one Tribal department/entity to another Tribal

department/entity occurs, the annual leave accrued will be transferred providing funding is

available.

11.4

SICK LEAVE

Sick leave may be granted for illness, disability, pregnancy, or other medical purposes.

a) Regular employees earn sick leave at a rate of one day per month. Part-time Regular employees

accrue sick leave on a pro-rated basis. Temporary employees are not entitled sick leave benefits.

b) Sick leave credit accrues from the date of hire, but shall not be granted during the employee’s

introductory period.

c) Sick leave may be accrued on an unlimited basis.

d) Sick leave may only be used when an employee is ill/injured or a member of the employee’s

immediate family is ill, injured or dies. Immediate family is defined in section 1.5 of this policy.

e) Payment of sick is dependent upon the employee notifying the immediate supervisor in the

morning, within one hour of the employee’s scheduled start time, on the first workday of illness.

Medical certification from a doctor is required should the start period of illness exceed three (3)

days.

Misuse of sick leave may result in disciplinary action.

g) Upon termination of employment, no payment shall be made for accumulated sick leave.

h) Sick leave not exceeding ninety (90) calendar days may be approved by the program manager. If

the employee is a program manager, the leave must be approved by the Tribal Chairman. The

following conditions must apply.

•

Written request submitted by employee or representative.

A Doctor’s excuse must be submitted.

May or may not be in excess of accrued sick leave.

Sick leave in excess of ninety (90) calendar days must be approved by the Tribal Chairman. Sick

leave in excess of six (6) months may only be granted by Council action, provided reasonable

justification is submitted. Prior to any sick leave being granted the conditions listed in section

11.4(h) must be met.

11.5

Employees who are off work due to extended sick leave in excess of six (6) months may be

terminated at the discretion of the Council.

MATERNITY LEAVE

a) Employees shall be permitted to use accrued and sick leave for purposed relating to pregnancy

or childbirth. Any additional time beyond the sick and/or annual leave balance will be counted

as leave without pay.

b) A combination of leave and leave without pay may be granted for a period of up to six months

for maternity purposes.

c) The employee is responsible for making known in advance his/her intention to request leave for

maternity purposes including the type of leave, appropriate dates, and anticipated duration in

order to allow the Tribe time to prepare for any staffing adjustments which may be necessary.

d) The employee’s position may be filled on a temporary basis during the absence.

e) The employee will have re-employment rights to the former position or a position of similar rank

and pay.

11.6

ADMINISTRATIVE LEAVE

Paid administrative leave may be granted at the discretion of the Tribal Chairman and shall be granted

only for the time and day specified. Employees who work during administrative leave will be paid at

their regular wage. No additional compensation will be paid.

11.7

MILITARY LEAVE

A regular employee or program manager who is a member of any reserve unit of the United States

Armed Forces shall be allowed a leave of absence for required training or duty up to 15 working days a

year. The employee shall be paid the difference between compensation received while on reserve duty

and regular compensation rates paid the employee by the Hoopa Valley Tribe.

11.8

BEREAVEMENT LEAVE

Bereavement leave up to ten days (64 hours), per fiscal year shall be granted for death in the immediate

family. Immediate family is defined as spouse, son, daughter, father, mother, sister, brother,

grandmother, grandfather, aunt, uncle, niece, nephew, and the following in-laws: son, daughter, brother,

sister, mother, and father.

11.9

JURY DUTY

An employee shall be granted pay for jury duty. An employee called for such duty shall advise the

program manager as soon as summoned. The employee shall receive the difference between his/her

regular salary and the compensation received for the jury services not to exceed 8 hours per day. (The

employee may retain any compensation paid for mileage.) With the exception of the workers’

compensation benefits the employee will continue to receive all benefits to which they may be entitled

to during the period he or she is on jury duty.

11.10 ELECTION DAYS

Primary and General Election Days will not be considered as holidays. Employees are expected to vote

during non-working hours.

11.11 SOCIAL SECURITY

All employees are covered under the provisions of the Social Security Act and are eligible for the

benefits which are provided.

11.12 GROUP INSURANCE PLANS

Employees are eligible for group health plan benefits starting the first of the month after completing 60

days of employment regardless of introductory period status in Section 3.2.1.

In accordance with provisions of the Affordable Care Act (ACA) and in order to comply with the

mandate for purposes of group health insurance coverage only the following will be applicable.

Full Time is considered an employee who works 30 hours or more per week for more than 120

days in a year. This shall be regardless of employee classification pursuant to Section 3.2 Employment

Status of this ordinance.

Hours of Service is:

•

Each hour for which an employee is paid, or entitled to payment for the performance of duties

for the employer, and

Each hour for which an employee is paid, or entitled to payment by the employer for a period of

time during which no duties are performed due to vacation, holiday, illness, incapacity (including

disability), layoff, jury duty, military duty or leave of absence.

Group health insurance coverage on the employee and dependent(s), if applicable, may continue for a

maximum of six (6) months while the employee is on medical leave and/or disability leave. Employee

will be responsible for payment of their portion of the dependent coverage.

Employees on any other type of unpaid leave will be responsible for total insurance premium. Should an

employee fail to make premium payments, employee and dependents (if applicable) will be terminated

from the group health insurance plan and notified of their right to continue coverage under COBRA.

11.13 OPTIONAL/ADDITIONAL INSURANCE COVERAGE

Employees may purchase additional insurance coverage for themselves and/or dependents. This is

called the Flexible Benefits Plan. Interested employees may contact the Insurance Administrator.

11.14 FRINGE BENEFITS STATUS DURING INTRODUCTION PERIOD

This section applies to only new employees serving an introductory period to the Tribe. It does not

apply to employees who are serving a period of introduction to a position as a result of being

promoted.

a) Leave. No leave other than authorized without pay or military leave shall be taken by an

employee during the introductory period.

b) Accrual of Leave. Sick leave and annual leave benefits based upon or earned in connection with

time worked shall accumulate during an employee’s introductory period. The employee shall not

be entitled to receive leave benefits during the introductory period, other than compensatory

time.

11.15 WORKERS COMPENSATION/UNEMPLOYMENT INSURANCE

The Hoopa Valley Tribe pays premiums for Workers Compensation Insurance and Unemployment

Insurance. All accidents shall be reported immediately after the event.

CHAPTER 12 - TRAINING

12.1

GENERAL POLICY/OBJECTIVE OF THE TRIBAL TRAINING PROGRAM

The Council encourages and promotes training opportunities for all Tribal employees provided that

services they render to the Tribe may be more effective. Preference in training will be afforded to Tribal

member employees except in instances in which training is necessary for a specific employee. The

Personnel Director shall assist program managers in meeting the training needs of the personnel of the

departments; and in cooperation with the program manager, shall encourage the development of

department and inter-departmental training programs designed to meet personnel needs and to

prepare the Tribal employees for promotion to positions of greater responsibility.

The objective of the Tribe’s training program is to improve the ability of Tribal staff to provide services

to the members of the Hoopa Tribe and community. The Council recognizes the training function to be

essential to the development of technical and administrative skills of Tribal employees.

12.2

EDUCATIONAL LEAVE POLICY

The Hoopa Valley Tribal Council, a sovereign government, has the responsibility to exercise Tribal rights

and promote the welfare of its membership in accordance with the constitution and Bylaws of the

Hoopa Valley Tribe

In order to operate an effective governmental system, the Council encourages and supports educational

and training development for the purpose of increasing productivity and capability of Tribal personnel.

In order to achieve this goal, the Council hereby establishes the following conditions and guidelines to

govern Tribal personnel development and training. These requirements shall apply to all Tribal entities

and departments.

The guidelines identify two general categories of training that will enable the Council to develop more

effective personnel performance and capability.

a) Employee Development:

Based upon program or department needs and program manager recommendations,

employees may be granted an opportunity to attend workshops, seminars, classes, and other

training sessions related to specific job requirements.

b) Accelerated or Extended Training:

Based upon priorities approved by the Council and recommendations by program managers,

employees may be granted leave, for a pre specified time period, with pay to attend an

accredited institution or recognized training facility in order to acquire specific job-related

knowledge and capabilities that will benefit and enhance overall Tribal management and

technical development. All accelerated or extended training opportunities shall be conducted in

accordance with a written contract.

12.2.1 EDUCATIONAL LEAVE

Educational leave is defined as leave granted to Tribal employees and program managers for the

purpose of attending an accredited institution of higher education or other recognized training facility

for a period of thirty (30) days or more.

a) Eligibility for Educational Leave with Pay:

Eligibility for educational leave with pay shall be limited to employees enrolled in or preparing

to meet the entrance requirements for a planned academic program related to the Tribal or

departmental needs. Educational leave will not be approved if the services of the department

diminish. Educational leave shall be limited to full-time, employees who have been employed by

the Council for a period of at least two (2) years.

b) Salary or Stipend:

Requests for educational leave with pay shall detail salary request; costs of tuition, books and

supplies, travel, housing, and other costs; grants, scholarships, and stipends from any source for

the period of leave.

c) Contractual Arrangements:

Employees who are granted educational leave with pay shall enter into a contractual agreement

in which the applicant agrees to provide services in a manner determined by the Council and the

program manager for a period of obligated service equal to one year for each year of

educational leave received or two years, which is ever greater.

•

The program manager shall recommend and submit a proposed educational plan and

contract to the council for approval by resolution prior to the leave being approved.

An educational or training plan must be developed by the employee, program manager,

Educational Director, and an advisor for the educational institution. The Educational plan

shall include an estimated completion date, required units per term, academic

performance requirements, expected results and benefits, anticipated job position to be

obtained, a financial assessment which identifies the total and yearly projected costs and

financial resources available to meet the employee’s personal and educational expenses.

The Council shall be entitled to recover an amount equal to the educational costs,

including associated funds awarded, plus interest at 10% per annum from employees

who fail to begin or complete the period of obligated service incurred under contract for

any reason, other than those expressly waived by the Council. Failure of the employee to

perform his/her obligations shall be considered a debt to the Hoopa Valley Tribe.

d) Performance:

The student must maintain full-time enrollment, or the number of units expressly agreed upon

in the contractual agreement, until completion of the course of study for which the educational

leave is provided.

•

The student must maintain a Grade Point Average (GPA) of at least 2.0 while enrolled in

the course of study for which the educational leave is provided.

•

The student must submit a class schedule prior to the beginning of each semester for

review by the program manager, the Educational Department, and the Personnel

Department.

•

The student must submit grades at the end of each semester to the program manager,

the Educational Department, and the Personnel Department.

•

The student must serve one year of obligated service for each year the educational

endowment is provided, or two years, whichever is greater, upon completion of course of

study (this requirement may be waived by the council in the event there is no

employment opportunity within the Hoopa Valley Tribal Government).

12.2.2

12.3

EDUCATIONAL CO-OP. (section reserved)

EXECUTIVE MANAGEMENT TRAINING PROGRAM

The purpose of the Tribal Executive Management Training Program is to provide training and other

opportunities to Tribal Member program managers in the areas relating to the executive management

and functions of the Hoopa Tribal Government. To the greatest extent possible program managers

participating in the Tribal Executive Management Training programs will be provided opportunities to

work in the areas involving the legislative, judicial, and administrative functions of the Tribe. Executive

Training positions will be no longer than one (1) year. The manager will be guaranteed that the

program manager position will be available after completing the Executive Management Training

Program. Once appointed in a position under the Executive Management Training Program, the

manager will be evaluated based on the performance standards established for that position. The

Council may provide funds for this program in the Tribal budget.

12.4

RESPONSIBILITY FOR DELIVERY OF TRAINING

The Personnel Department is responsible for all training programs involving persons from more

than one department. Individual program managers will be responsible for training that affects only

members of their individual departments.

12.5

TRAINING CATEGORIES

The following categories of training are established to meet the objectives of the training program:

a) Job related Training:

This category includes training to provide skills or knowledge not usually available in the labor

market. Included is training:

•

To meet requirements of Tribal Programs.

To improve proficiency in one’s present position.

To improve performance of one’s present job in terms of administrative procedure and

inter-department coordination.

b) Employee Development Training:

This category includes training to improve general knowledge and skill in a wide range of

positions in Tribal Government. Included is training:

•

12.6

In basic skills (written secretarial skills, language, mathematics).

To prepare for future positions in the Tribal structure (professional development

activities, technical and vocational training).

IDENTIFICATION OF TRAINING NEEDS

All Tribal training actives will be scheduled in response to needs identified by Tribal employees and

program managers in individual development plans completed during the time of annual performance

appraisal.

12.7

BUDGETING FOR TRIBAL TRAINING

The Hoopa Valley Tribal Council will appropriate budget amounts to support Tribal training.

Training programs which benefit personnel of only one department will be budgeted for by that

department in coordination with the Personnel Director.

12.8

EVALUATION OF TRAINING

Employees attending training courses will be asked to complete an evaluation form to determine if the

training met Tribal Objectives.

CHAPTER 13 – EEO COMPLAINTS

13.1

EEO COMPLAINTS

Any applicant or employee who alleges discrimination in any aspect of employment may first discuss

the problem with the Personnel Department, and if the problem is not resolved, file a complaint

through the applicable EEO grievance process. Information on that process shall be located at the TERO

office. The applicant or employee may also retain the right to file a complaint with an applicable Federal

agency exercising authority matters of discrimination (e.g., Equal Employment Opportunity

Commission).

CHAPTER 14 – RECORD KEEPING

14.1

PERSONNEL RECORDS

a) An individual personnel file folder shall be maintained for each employee beginning at the date

of hire. The folder shall be maintained through the entire length of employment. Upon

separation of employment, the folders are transferred to inactive files and retained as a

permanent section of Tribal Records.

b) Access to personnel folders shall be limited to the following authorized personnel: Tribal

Chairman, the Office of Tribal Attorney, Personnel Director, program manager and employee’s

supervisor to only on a “need to know” basis. Before any information is released from an

employee’s personnel folder to non-authorized persons the Personnel Director must obtain

written consent from the employee.

c) All information pertaining to an employee shall be kept in the personnel folder. This includes,

but is not limited to: applications for employment and promotions; test results, if any; reference

letters; formal education records; correspondence pertaining to employment or promotion;

current job description; performance evaluations; records of changes in job, salary, grade,

tenure, copy of driver’s license, if required for the job; records of any pre-employment physical;

records of disciplinary actions; awards, letters of appreciation, etc.; certificates from completed

training.

CHAPTER 15 – EMPLOYEE CIVIL EMPLOYMENT ACTIONS BROUGHT AGAINST THE TRIBE

15.1

CIVIL ACTIONS

All non-introductory, full-time, regular employees and managers may file non-frivolous complaints

related to their termination from employment with the Hoopa Valley Tribe in accordance with Hoopa

Valley Tribal Code § 1.1.04(f). Complaints must be filed with the Hoopa Valley Tribal Court within thirty

(30) calendar days of the date of termination. The time computation does not include the date of the

termination, but begins as of the next following day and runs until the last day specified, unless the last

day falls on a weekend or a Tribal Holiday, in which even the due date is the next Tribal work day. The

complaint shall be subject to the statute of limitations described in Hoopa Valley Tribal Code § 2.3.13(b).

15.2

GOVERNING LAW

This ordinance shall be governed by, constructed by, and enforced in accordance with the laws of the

Hoopa Valley Tribe.

15.3

SOVEREIGN IMMUNITY

Nothing in this ordinance shall be deemed or constructed to be a waiver of the sovereign immunity of

the Hoopa Valley Tribe, its officials, its entities, or employees acting within their official or individual

capabilities, except to the limited extent provided pursuant to Hoopa Valley Tribal Code § 1.1.04 (f).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.