LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

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WAGANAKISING ODAWAK

LEGISLATIVE BRANCH OPERATIONS

GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK

Legislative Branch Operations Governmental Employee Personnel Policies Handbook Approved 110917

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SECTION I. INTRODUCTION

Introductory Statement

This handbook has been designed to provide you, as a Legislative Branch

employee, information about working conditions, employee benefits, and other

employment matters. It is your obligation to read, understand, and comply with this

handbook. It describes many of your responsibilities as an employee and outlines the

programs developed by the Little Traverse Bay Bands of Odawa Indians (LTBB)

Legislative Branch to benefit its employees.

right to revise, supplement, or rescind any policies or portion of the handbook as it

deems appropriate, in its sole and absolute discretion. Employees will be notified of

such changes to the handbook as they occur. Every effort will be made to

communicate any such changes to the employees before any action is made that either

eliminates or adds a portion to the handbook. As a sovereign nation, LTBB retains its

inherent authority to change this policy at anytime.

As the Legislative Branch continues to grow, the Tribal Council reserves the

The mission of the Legislative Office is to exhibit the highest level of integrity and fairness

while representing the needs of the Tribal Citizens. The Legislative Office is established to

assist Tribal Council, through its leadership of the Tribe and its Citizens, to promote,

strengthen and further protect Tribal Sovereignty.

behalf of the Tribal Citizens, according to the terms and limitations defined in the Tribal

Constitution.

Mission

Tribal Council and Legislative Office Manager

The Tribal Council is authorized to represent and provide leadership responsibilities on

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The Legislative Office Manager is responsible for the day-to-day administration of the

Legislative Offices, and for carrying out any and all legislative and administrative duties as

may be directed by Tribal Council.

Jurisdiction and Sovereign Immunity

LTBB is a sovereign Indian nation. LTBB laws shall apply to all employment

matters unless otherwise set forth in this handbook or by law. Nothing in this

handbook is intended or shall be considered to be a waiver of the sovereign immunity

of the Tribe or a consent to the jurisdiction of the State of Michigan, or any state or

federal court, or state or federal administrative agency, unless started otherwise. By

accepting employment, you consent to the jurisdiction of the LTBB and its laws.

This handbook is based on the following documents:

February 1, 2005

WOS 2008-011, Fair Employment; as Amended by WOS 2013-010,

WOS 2016-007

WOS 2002-04, Indian Preference in Tribal Employment Statute; as

Amended by WOS 2013-006

WOS 2010-001, Whistle Blower Protection

WOS 2017-003 Worker’s Compensation Statute, as Amended by

WOS 2017-005

Rescheduling Tribal Council Meetings in the Event of an Emergency

Closure, March 9, 2017

Policy and Procedures for Hiring of Specific Individuals with the

Legislative Office, January 19, 2017

Legislative Branch Travel and Reimbursement Policy, April 6, 2017

Legislative Office Utilization of Community Services Workers Policy,

September 11, 2014

Cellular Equipment and Service Plan Policy, December 19, 2010

Hotline Policy, August 17, 2008

The Little Traverse Bay Bands of Odawa Indians Constitution,

SECTION II. EMPLOYMENT HIRING

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In the exercise of its inherent self-governing authority over its Citizens and territory,

the Tribe ensures that Citizens of the Tribe and other Federally Recognized Tribal Citizens

be given priorities for employment and retention of employment over non-Citizens of the

Tribe. The provision of such employment preferences for Tribal Citizens promotes the public

health and welfare of the Tribe by allowing the benefits of economic development within the

territorial jurisdiction of the Tribe to be realized by Citizens of the Tribe and other Federally

Recognized Tribal Citizens. In accordance with Waganakising Odawak Statute 2002-04

Indian Preference, the Tribe and Tribal Business Enterprises shall grant an Employment

Preference for hiring, promotion and training to the following persons in the following order:

Members of the Little Traverse Bay Bands of Odawa Indians,

Other federally recognized members of North American Indians Tribes.

Except for the Indian preference as stated, employment, promotion and training

opportunities within the Tribe will be offered to qualified individuals without regard to

religion, race, color, national origin, ethnicity, age, sex, height, weight, familial status,

marital status, disability, perceived disability or sexual orientation.

Tribal Council is the Immediate Supervisor for reporting purposes of the following

positions and will be responsible for their hiring/firing:

General Counsel

Office of Citizens Legal Assistance Attorney, but report to General Counsel

position

Tribal Historic Preservation Officer or Deputy, as designated by Tribal

Council

Other positions that are supervised by Tribal Council as indicated by Statute,

Job Description or by Tribal Council motion.

Senior Financial Analyst

Legislative Office Manager

Legislative Services Attorney

All other Legislative Branch employees will be hired by their Immediate Supervisor.

The Immediate Supervisor shall receive and review all of the Little Traverse Bay

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Bands of Odawa Indians (LTBB) candidates’ cover letters and resumes, first. If any of the

Little Traverse Bay Bands of Odawa Indian applicants are determined as qualified for the

position, then an interview shall be set up and the applicant shall be interviewed. If

Immediate Supervisor offers the position to the LTBB applicant(s), and the offer is accepted,

then no other applicants will be considered.

applicant shall be interviewed. If Immediate Supervisor offers the position to the other

FRNAI applicant, and the offer is accepted, then no other applicants will be considered. If

none of the other FRNAI applicants are determined to be qualified, then Immediate

Supervisor will receive and review all other applicants.

extended or no acceptance was received, the Immediate Supervisor may decide to repost the

position with the same or different classification, qualifications and/or other criteria.

If none of the LTBB applicants are determined to be qualified for the position, then

the Immediate Supervisor will receive and review all other federally recognized North

American Indian (FRNAI) applicants’ cover letters and resumes. If any of the other FRNAI

applicants are determined as qualified for the position, then an interview will be set up and

If none of the applicants are determined qualified or after an interview no offer was

Review of Qualifications.

as set forth in the job description.

The Immediate Supervisor will compare the Education and Experience

requirement against the applicant’s resume and cover letter, and make a

determination on whether or not the applicant is qualified for the position

based on Education and Experience.

The Immediate Supervisor will review the required Education and Experience

Interview Process. Anyone who is immediate family shall not be involved in the

interview or selection process for that position. Immediate Family shall mean spouse, child,

step-child, child-in-law, parent, step-parent, parent-in-law, sibling, step-sibling, sibling-inlaw, grandparent, grandchild and any person living in the same household.

The Human Resources shall set up the interviews for the qualified applicants.

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Sample interview questions will be prepared by Human Resources and

Immediate Supervisor. The questions will be based on the qualifications listed in the

job description that set forth the qualifications and skills that the candidate must

possess.

A representative from Human Resources will be present at all interviews.

The final set of interview questions will be asked for each of the candidates

during the interview, with the ability of the interviewers to ask follow up questions or

questions for clarification.

After the interview, the Interviewer(s) will assess whether or not the candidate

possesses the qualifications and skill as set forth in the job description.

Department services and wage scale for the “temporary pool” employee.

Hiring Process for Temporary Positions. Temporary employment positions will

require the approval of the Immediate Supervisor and will use the Human Resources

Job Descriptions and Posting.

Posting a vacancy. The Immediate Supervisor shall initiate the hiring process

by providing information to the Human Resources Department that a vacancy exists

within the Legislative Office.

and shall be developed by the Immediate Supervisor and Human Resources

Department. All new and vacant positions shall include the necessary qualifications

of the job with a clear description of experience, background, abilities, skills, and

education that is needed in order to be successful in the position. The Immediate

Supervisor and Human Resources Department will determine, based on the job

qualifications and the wage scale, the position level and exempt status. Additionally,

the job description will identify what background checks will be conducted, i.e.

personal, employment, driving, education, criminal, credit history background and/or

employment references and the standards that will be used to adjudicate the

background checks.

Job Description. The job description is a crucial part of the hiring process,

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Posting requirements. The Human Resources Department shall post the

position for fourteen (14) calendar days. Human Resources Department shall publish

the posting in all LTBB Publications, the Web Site, and forward it to all Tribal

Departments, Tribal Enterprises, and other Media as applicable.

Job Applications. The job application form shall not request unnecessary

background information that is not within the posted position and minimum

requirements for the position, nor shall it ask for non-applicable information such as

arrest records, expunged records, sealed court documents or dismissed court cases.

If Tribal Council is holding the interview, the interview will be held either at a

Regularly Scheduled Tribal Council meeting or at a Special Meeting, in closed

session. All other interviews will be held in a closed setting.

based on the qualifications and skills that are listed in the job description and that the

candidate must possess. If the interview is held by Tribal Council, the questions will

be sent out to Tribal Council for input and suggestions.

for clarification.

Human Resources and the Legislative staff along with the Legislative Leader,

will prepare sample interview questions, where appropriate. The questions will be

Each final set of questions will be asked of each of the candidates during the

interview. Interviewers will have the ability to ask follow up questions or questions

After the interview, Tribal Council or the Immediate Supervisor will assess whether

or not the candidate possesses the qualifications and skill as set forth in the job description.

interview of the candidate to follow up with additional questions, or to discuss matters that

were raised by the information contained in the background check.

SECTION III.

Tribal Council or the Immediate Supervisor may request an applicant to undergo a

personal, employment, driving, education, criminal, credit history background check and/or

Second Interview. Tribal Council or the Immediate Supervisor may request a second

BACKGROUND CHECK

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past employment references.

denied employment or terminated within sixty (60) days of the discovery of a discrepancy.

(Not applicable to sealed court documents, dismissed court cases or expunged records.)

An Applicants or Employees that falsified information, provided invalid information

or have questionable or concerning information found in the background check may be

See appendices for standards that will be used to adjudicate background checks.

Any person who is applying for a position involving regular contact with or control

over Indian children, may only be employed if the individuals meet standards of character no

less stringent than those prescribed as follows: The minimum standards of character that are

to be prescribed under this section shall ensure that none of the individuals hired to positions

have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious

offense, or any of two (2) or more misdemeanor offenses, under Federal, State, or Tribal law

involving crimes of violence; sexual assault, molestation, exploitation, contact or

prostitution; crimes against persons; or offenses committed against children.

SECTION IV.

If there are more than one qualified candidate, the following process will be used to select the

primary candidate and if determined prior to the vote, the selection of a secondary or third

candidate for hiring:

SELECTION PROCESS FOR HIRING BY TRIBAL COUNCIL

Legislative staff shall prepare and distribute to each Councilor a typed ballot

with a list of the final candidates.

In a closed session, all Tribal Councilors shall have the opportunity for

discussion regarding the candidate(s), prior to the vote.

Tribal Councilors shall abstain from voting in accordance with Constitutional

Article XII Section (I) Nepotism.

Each Tribal Councilor shall rank each of the candidates from one (1) to the

number of candidates, with one (1) standing for the best candidate and the highest

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number standing for the least favorable candidate. The results will be tallied by the

Legislative staff and the candidate with the lowest number (best candidate) will be

made an offer by the Legislative Leader through the Human Resources Department.

Tribal Council, by motion, will “approve the Legislative Leader to make an

offer to candidate # for the position of ____________ in the amount as agreed upon

by Tribal Council and set forth in (a memo) (a contract) dated __________.

If there is a tie, there will be runoff vote between the top contenders until a

primary, (if applicable a secondary candidate) is selected.

All Tribal Councilors shall have the opportunity to view the ballots.

The Legislative Leader with work with the Human Resources Department to

communicate, negotiate and finalize the offer to the candidate.

SECTION V. SELECTION PROCESS FOR HIRING BY IMMEDIATE

SUPERVISOR

The Immediate Supervisor and any other person involved with the hiring process shall rank

each of the candidates from one (1) to the number of candidates, with one (1) standing for the

best candidate and the highest number standing for the least favorable candidate. The results

will be tallied and the candidate with the lowest number (best candidate) will be offered the

position by the Human Resources Department. The Supervisor with work with the Human

Resources Department to communicate, negotiate and finalize the offer to the candidate.

SECTION VI.

SALARY AND WAGE

quantity or quality of production, or any other factor other than sex or gender. Starting

wages will be within the approved range on the current LTBB wage scale. The Immediate

Supervisor along with the Human Resources Department will determine the starting wages.

All employees have the right to be paid the same as other employees who perform

substantially equal work in the same establishment with same skill, effort, responsibility and

working conditions other than differentials that are permitted based on seniority, merit,

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Contractual employees’ salary and wage will be according to the contract.

Employees may not exceed the maximum pay on the wage scale for their

position level.

SECTION VII.

CONDITIONS OF EMPLOYMENT

Probationary Period

Exempt and Non-exempt employees will be considered an “at-will”

employees during the probationary period, which is the first ninety (90) calendar days

after their date of hire.

at any time during the probationary period. The employee will not be eligible for the

termination grievance process, if they are terminated during the probationary period.

Employee will be classified as a “regular” employee upon satisfactory

completion of the probationary period. Wages shall not increase at the end of the

probationary period.

The Immediate Supervisor may terminate an employee with or without cause

The probationary period will automatically be extended by the length of any

excused absence of one week or more.

Contractual Employees

Contractual employees will follow the terms of employment outlined in their contract.

Contractual employees will also follow all applicable provisions of the handbook, unless

otherwise stipulated in the terms of the contract.

Family Members

Immediate family members of persons currently employed by the Legislative Branch may be

hired only if they will not be working directly for or supervising an immediate family

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member. Employees cannot be transferred into such a reporting relationship.

wishes to remain in their present position.

Outside Employment

Employees shall report any outside employment to their Immediate Supervisors annually.

The Employee shall sign a statement that identifies any potential conflict of interest. The

Immediate Supervisor may determine that the outside work interferes with the employee’s

performance or their ability to meet the requirements of the job. If it is determined to present

a conflict or otherwise interfere with the employee’s job performance, the Immediate

Supervisor may require the employee terminate the outside employment, if the employee

Dual Employment

No Legislative Office employee may work for any Tribal entity that would potentially incur

overtime to the Legislative branch.

filled immediately. The interim period shall not exceed a six (6) month period. Only one

interim position term can be used per permanent vacancy occurrence.

Interim Positions

Interim positions, also known as “acting” positions, are defined as a temporary position or

performing services temporarily. Interim positions may only be utilized to fill a permanent

position that cannot be left vacant. Interim positions do not need to be posted and may be

Transfers

Employees requesting a transfer to an open position within the Tribal

Government, shall submit their notice, via approved transfer form to the Human

Resources Department.

Any employee may transfer without loss of benefits (e.g. PTO, Yr’s of

service)

When an employee transfers to a position in a lower position level, the

employee shall be paid at a rate within the wage scale for the lower classification.

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Current employees who apply for and are selected for transfer must submit a

two (2) week notice prior to changing positions, or as otherwise agreed upon by their

Immediate Supervisor.

Resignation

The Legislative Office requests at least two (2) weeks written notice of resignation

from non-exempt employees and four (4) weeks notice from exempt employees.

Employment Termination

The Human Resources Department shall schedule exit interviews at the time

of employment termination, whether it is a voluntary or involuntary termination. The

exit interview will afford an opportunity to discuss such issues as employee benefits

(Consolidated Omnibus Budget Reconciliation Act, COBRA), repayment of

outstanding debts to LTBB, and return of LTBB owned property (keys, I.D. badge,

computer files/passwords, laptops, cell phone, etc.)

forward by the Human Resources Department to the Immediate Supervisor.

the next scheduled governmental payroll run and repayment of outstanding debts to

LTBB will be deducted from employee’s final paycheck. Some benefits may continue

at employee’s expense if employee so chooses. The employee will be notified in

writing of the benefits that may continue and of the terms, conditions, and limitations

of such continuance.

Access to Personnel Files. The Human Resources Department maintains a personnel

file on each employee. The personnel file includes such information as the employee's job

At the exit interview, the departing employee will be offered a questionnaire

that contains questions that would be helpful to the Immediate Supervisor in

evaluating the workplace environment. Any completed questionnaires will be

Any earned PTO time that is due and payable at termination will be paid on

application, resume, records of training, documentation of performance appraisals, salary

increases, disciplinary actions and other employment records.

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Personnel files are the property of LTBB and access to the information is

restricted. The Human Resources Department controls access to the personnel files

and shall keep all original files.

An employee who wishes to review his or her own personnel file shall

complete the personnel file request form with the Human Resources Department.

Employees may review or obtain a copy of their own personnel file. Personnel files

may not be removed from the Human Resources Department.

If the employee does not agree with any of the information in their personnel

file, they may submit a written statement explaining their position to their Immediate

Supervisor and the Human Resources Department, which will become a part of their

personnel file.

Reporting Personal Data Changes. It is the responsibility of each employee to keep

their personnel file accurate and current at all times by promptly notify the Human Resources

Department of any changes in personal data, such as: personal mailing addresses, telephone

numbers, number and names of dependents, individuals to be contacted in the event of an

emergency, educational accomplishments and other such information. Some benefit

programs may have a time limit by which an employee can make additions and changes.

Employing Minors

A minor must be at least 14-years-old for most occupations and shall possess

a work permit. Minors may only work certain hours and such hours cannot exceed

forty-eight (48) hours in a work week, when combining school and work under the

following restrictions:

A minor may not work more than six days in a week.

a.m.

14- and 15-year-olds may not work after 9:00 p.m. or before 7:00

14- and 15-year-olds may not work during school hours.

A minor age 16 or older shall not work before 6:00 a.m. or after

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10:30 p.m., Sunday through Thursday.

A minor age 16 or older shall not work before 6:00 a.m. or after

11:30 p.m. Fridays and Saturdays, during school vacation periods, and during

periods when a minor is not regularly enrolled in school.

Minors are limited to working no more than ten (10) hours in a day,

with a weekly average of eight (8) hours per day.

No deviations are allowed for 14- and 15-year-olds. Any deviations for

sixteen years or older from the restrictions as set forth will require an approval by

the United States Department of Labor, Wage and Hour Division.

Utilizing Community Service Workers

The Legislative Office Manager will coordinate with the Human Resources

Department, Law Enforcement or the Court Probation for the use of community

service workers.

The Chief of Police or Court Probation Officer will provide the legislative

office with community service workers as they become available and will be assigned

work commensurate with their capabilities, health and physical conditions. The

assignment will include a date, time and place to which the worker is to appear.

The Legislative Office Manager or designee will be responsible to supervise

the workers. The person directly supervising the defendant will ensure that the worker

is actually engaged in productive community service work.

The worker will not be permitted to operate machinery except for hand held

machinery, such as hand operated mower and shall be provided with safety protection

and equipment commensurate with the type of work being performed.

SECTION VIII.

EMPLOYEE BENEFITS & COMPENSATION PROGRAM

Immediate family for purposes of this section shall mean: spouse-including same-sex

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spouse, child, step-child, child-in-law, parent, step-parent, parent-in-law, sibling, stepsibling, sibling-in-law, grandparent, grandchild and any person living in the same household.

Insurance Benefits and Retirement Plans. Eligible employees are provided a wide

range of benefits. A number of the programs (such as Social Security and Unemployment

Insurance) cover all employees in the manner prescribed by Federal, State and/or Tribal Law.

Eligibility for benefits is dependent upon a variety of factors and is subject to all terms and

conditions of the agreement between the LTBB and the insurance carrier or governmental

agency.

Health Insurance – Medical, Dental, Vision

Little Traverse Bay Bands of Odawa Indians health insurance plan

provides eligible employees and their dependents access to medical, dental,

and vision care insurance benefits. Eligible employees may participate in the

health insurance plan. If both spouses work for LTBB Tribal Government,

only one LTBB health insurance plan will be issued.

A change in employment classification that would result in loss of

eligibility to participate in the Health Insurance Plan may qualify an employee

for benefits continuation under the Consolidated Omnibus Budget

Reconciliation Act (COBRA). (See COBRA Section II, Paragraph A-6)

(COBRA Appendix).

Continuation Riders for dependents will be determined by the

Consolidated Omnibus Budget Reconciliation Act (COBRA), and the Health

Insurance plan and can be verified through the Human Resources Department.

Life Insurance. LTBB provides a Basic Life Insurance Plan for eligible

employees. Accidental Death and Dismemberment (AD&D) insurance provides

protection in cases of serious injury or death resulting from an accident. AD&D

insurance coverage is provided as part of the Basic Life Insurance Plan.

Short Term and Long-Term Disability Insurance. LTBB provides for

short term disability insurance (STD) and long-term disability insurance (LTD) for

eligible employees. STD and LTD provide partial income replacement per the

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insurance policy in the case of an employee becoming disabled.

Supplemental Life Insurance. Eligible employees may purchase additional

Supplemental and/or Dependent Life Insurance coverage. The premiums shall be paid

via payroll deduction.

Supplemental Medical Coverage. LTBB offers eligible employees the

option to purchase insurance that will supplement their basic insurance plan, i.e.

AFLAC. Monthly premiums shall be paid via payroll deduction.

Workers’ Compensation Insurance. LTBB provides a comprehensive

workers' compensation insurance program that provides for employment benefits for

employees of the Tribe and its sub-entities to which the employee would be entitled

to for accidental injuries sustained by the worker arising out of and in the course of

their employment which require medical services or result in disability or death.

Unemployment Benefits. LTBB utilizes the State of Michigan’s

Unemployment Insurance Agency for unemployment benefits.

COBRA Rights. The federal Consolidated Omnibus Budget Reconciliation

Act (COBRA) gives employees and their qualified beneficiaries the opportunity to

continue health insurance coverage under the LTBB Health Plan when a "qualifying

event" would normally result in the loss of eligibility. Human Resources Department

provides each eligible employee with a written notice describing rights granted under

COBRA when the employee becomes eligible for coverage under the LTBB Health

Insurance Plan.

Under COBRA, the employee or beneficiary pays the full cost of

coverage at the LTBB group rates plus an administration fee in accordance

with the Provider’s provision.

401(k) Plan. LTBB has established a voluntary 401(k) Savings Plan to

provide employees the potential for future financial security for retirement. Both pre

and after tax contribution options are available. Contributions to the 401(k) are

payroll deducted. Eligible employees may participate in the 401(k) Plan subject to

the terms and conditions of the plan.

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To be eligible to join the 401(k) Savings Plan, employees must

complete three months of service and may join the plan or make contribution

during open enrollment periods as determined by the provider.

The 401(k) Savings Plan allows employees to elect how much salary

they want to contribute, up to the plan maximum. LTBB contributes an

additional matching amount up to a maximum of 5% of gross income.

Three Year Graded Vesting on Employer Matching Contributions

Years of Credited Service

Vested Percentage

Less than 1……………………………………………0%

1…………………………………………...50%

2…………………………………………...80%

3 or more .………………………………..100%

C. Leaves of Absence

Paid Time Off. Paid Time Off (PTO) is available to eligible regular

employees for periods of temporary absences. This benefit is offered to eligible

regular employees who have successfully completed the probationary period.

Employees are eligible to earn and use PTO as described in this policy. The amount

of PTO is determined by continuous employment for the Tribe. Continuous

employment for the Tribe will refer to employment with Tribal Government

(Executive, Legislative, or Judicial Branches) as a regular full-time or regular parttime employee, employment with the Tribally-owned casino, or employment with one

of the Tribally-owned enterprises. When an employee accepts a position within the

Legislative Branch, their PTO accrual rate will reflect the years of service that they

had with one of the afore mentioned entities, provided that the years of service were

continuous and the employee was leaving their position with one of the Triballyowned entities to take a position with the Legislative Branch. For purposes of PTO,

continuous employment years are calculated by the employee’s original date of hire.

PTO is available for use as vacation, sick or personal time off. Temporary, internships

and summer employees are not eligible for PTO, but may take unpaid leave with their

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Immediate Supervisor’s permission.

The date that the employee officially started working for the Legislative

Branch will be the employee’s official hire date with the Legislative Branch, for

purposes of annual compensation and employee performance review, will be the date

the employee started working for the Tribe.

Rate of Accrual - The amount of PTO an employee receives each year

will increase with the length of their employment as shown below and shall be

paid at the employee’s base pay rate at the time leave is taken.

PTO shall be accrued and capped in accordance with the PTO Accrual

Rate Table. PTO will be accrued for all hours paid up to forty (40) hours per

week. Exempt employees’ PTO will be calculated on a forty (40) hour

workweek. PTO will be accrued on a weekly basis throughout the year.

A maximum of one-hundred and Sixty (160) hours of accrued PTO

may be carried over from one calendar year to next. Any unused PTO over

one-hundred and Sixty (160) hours on December 31st will be lost. Earned

PTO will be paid to an employee upon leaving the employment of LTBB on

the next payroll run following the termination of employment.

PTO

ACCRUAL RATE TABLE

Year YEARS OF SERVICE

Hour

Hours / Days / Weekly Rate

CAP

Cap

0-1

144.0 144.04 hours / 18 days/ 2.77

144.0 144.04

1-3

184.0 184.08 hours / 23 days/ 3.54

184.0 184.08

3-4

3-5

224.1 224.12 hours / 28 days/ 4.31

224.1 224.12

5-6

5-9

264.1 264.12 hours / 33 days/ 5.08

264.1 264.16

9-10

9-15

304.2 304.20 hours / 38 days/ 5.85

304.2 304.20

15+

344.2 344.24 hours / 43 days/ 6.62

344.2 344.24

The Tribe recognizes years of service for LTBB employees - If an

employee is laid off and returns to work, PTO accrual will resume at the rate

as if the employee continued working. An employee, who resigns or is

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terminated and is subsequently rehired, will accrue PTO as a new employee.

Military Service. Employees with prior military service will be

credited year for year for military service, up to five (5) years, as time worked

for the Tribe, for purposes of determining PTO Accrual Rates.

Scheduling and Use of PTO - Scheduling is on a first-come, firstserved basis. Employee’s requests for use of PTO may be denied by their

Immediate Supervisor if their absence would create an undue hardship on the

Legislative Branch operations or services to Tribal Citizens. If the Immediate

Supervisor denies a PTO request, the denial will be in writing and will convey

the reason that the PTO was denied.

PTO shall be used in increments of no greater than three (3) weeks or

no less than one (1) hour. All requests for PTO time shall be submitted via the

“Employee Web Services for Abila”.

Employees should request approval from their Immediate Supervisor

two (2) weeks in advance if intending to use more than eight (8) hours of

PTO.

If an employee is denied PTO and does not show up for work, then

s/he shall be subject to disciplinary action and time lost will be considered as

unpaid leave, unless there is a health or medical condition that is substantiated

by a doctor’s note.

In the event of an emergency closure, any scheduled and approved

PTO will not be credited for the time the office is closed due to an emergency

closure.

All PTO used shall be reported on the Employee Web Services for

Abila.

Upon termination of employment, employees will be paid for unused

PTO that has been earned through the last day of work.

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Earned PTO may be accumulated up to the established cap amount

based on years of service. An employee who reaches the PTO cap will not

earn additional time until they have used some of their earned PTO time.

During periods of time when an employee has reached their cap and they are

not earning additional PTO, PTO time will cease to accrue and will not be

made up at a later date.

Emergency PTO Accounts – The emergency PTO accounts are

established by LTBB to assist employees of the Legislative Branch with

serious health conditions as defined by Fair Employment Leave-Domestic

Leave. An employee must first exhaust all of their own PTO before utilizing

any emergency PTO that is donated. The employee must apply for the

assistance on the approved form and submit the request to their Immediate

Supervisor for approval. Their Immediate Supervisor will coordinate with the

Human Resources Department who will use guidelines for approved leave that

are outlined by the Fair Employment Statute. Emergency PTO Accounts have

a maximum total approval for any employee of 20 work days in any (12)

twelve-month period. This (12) twelve-month period is calculated beginning

with the first day that an approved Emergency PTO hour is used. Emergency

PTO hours can only be used when no other form of leave is available to the

employee (STD, LTD, employees PTO). An employee who is receiving

payment on an approved emergency PTO account will not be eligible to

accrue PTO during this time. An employee may only donate up to half of their

available PTO hours. When an employee donates time to an Emergency PTO

account, that donated time is unavailable to them unless it is not needed by the

person with approved Emergency PTO leave.

Bereavement Leave. Employees who wish to take time off due to the death

of an immediate family member should notify their supervisor immediately.

(Immediate family for purposes of this policy provision shall mean: spouse, child,

step-child, child-in-law, parent, step-parent, parent-in-law, sibling, step-sibling,

sibling-in-law, grandparent, grandchild and any person living in the same household.)

Eligible full-time employees shall be granted four (4) days of paid

bereavement leave. Bereavement pay is calculated on the base pay rate at the

time of absence. Eligible part-time employees shall be granted 2 days of

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bereavement leave.

Employees may, with their supervisor’s approval, use unpaid leave or

any available PTO for additional time off.

Educational Leave, Fitness Leave and Professional Development Leave.

Full-time employees, after completing their probationary period may attend classes,

professional development and/or fitness time up to four (4) hours per week during

work hours. Verification of enrollment is required for educational leave (i.e. semester

curriculum.) and classes need not be job related. This benefit is contingent upon

their Immediate Supervisor’s approval. Fitness Leave. Fulltime employees after

completing their probationary period may be granted four (4) hours per regular workweek to utilize the Tribal Wellness Center Programs or an approved fitness program

by their Immediate Supervisor. A Fitness Leave Program must consist of a

documented regular schedule of exercise and be re-approved every year. An approved

Fitness Leave Program may be changed or cancelled if it creates a hardship on the

Legislative Branch offices. The Immediate Supervisor should approve Fitness Leave

based on the needs of the office. A maximum of four (4) hours per week of either or

a combination of Educational Leave, Professional Development and Fitness Leave is

available to all full-time employees.

Jury Duty Leave. If an employee receives a summons or subpoena from any

court of competent jurisdiction (Tribal, Federal or State), the employee must show the

jury duty summons/subpoena to their Immediate Supervisor as soon as possible so

that their Immediate Supervisor may make arrangements to accommodate their

absence. The employee is expected to report for work whenever the court schedule

permits. LTBB will continue to provide insurance benefits, PTO accrual, and holiday

benefits for the full term of the jury duty absence.

Jury duty pay will be calculated on the employee's base pay rate times

the number of hours the employee would otherwise have worked on the day(s)

of absence.

Any compensation from the court for employee’s time, other than

mileage and/or expenses will reduce the amount of paid time.

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Fair Employment Leave (FEL)-Domestic Leave. An eligible employee

enjoys the right to take unpaid leave for the following events as described below:

To care for employee’s child after birth or placement for adoption or

foster care;

To care for the employee’s spouse, child or parent who has serious

health condition;

For a serious health condition that makes the employee unable to

perform the occupational functions of the employee’s job;

Upon return from FEL an employee may not be discharged or

subjected to adverse employment action for taking such leave.

Upon return from FEL an employee shall be restored to their original

or equivalent positions with equivalent pay, benefits, and other employment

terms.

"Serious health condition" means any illness, injury, impairment, or

physical or mental condition that involves in-patient care in a hospital, hospice

or residential medical care facility; or continuing treatment by a health care

provider and/or Traditional Healer.

The definition of "parent", for the purposes of FEL, does not include

“in-laws”.

The definition of "child" does not include individuals’ age eighteen

(18) or older unless they are incapable of self-care due to a mental or physical

disability.

Employees must provide a thirty (30) day notice before the FEL is

necessary, if the need for the leave is foreseeable, as is the case of most

pregnancies and elective surgeries. However, if the employee cannot

reasonably give thirty (30) days notice, the employee is nonetheless entitled to

FEL.

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Employees requesting FEL related to the serious health condition of a

child, spouse or parent may be required to submit a Health Care Provider's

Statement verifying the need for a family leave.

FEL may not exceed the twelve (12) week limit.

Employees that have less than one (1) year of service are eligible for a

maximum of 30 days of FEL for any qualified event.

Employees that have more than one (1) year of service and have

worked a minimum of 1250 hours within a twelve (12) month rolling period

from the date of requested FEL will be eligible for a maximum of twelve (12)

weeks leave for any qualified event during a twelve (12) month rolling period.

FEL must not exceed twelve (12) weeks total within the rolling twelve (12)

month period.

Employees that use approved FEL time will be required to use any

accrued PTO while they are on leave.

LTBB will maintain group health insurance coverage (provided the

employee was on the plan prior to the leave) and all other benefits that would

normally accrue during FEL on the same terms as if the employee continued

to work. In some instances, the LTBB may recover premiums it paid to

maintain health coverage for an employee who fails to return from FEL.

Employees on FEL are requested to provide LTBB with at least two

(2) weeks advance notice of the date the employee intends to return to work.

The employee will be reinstated to the same position, if it is available, or to an

equivalent position for which the employee is qualified.

If an employee fails to return to work on the agreed upon return date,

LTBB will determine that the employee has resigned.

Domestic Violence Leave. An employee who is a victim of domestic abuse,

sexual assault, stalking, or other domestic violence-related crimes may take up to

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thirty (30) days of unpaid leave to seek a restraining order, obtain medical care or

counseling, locate safe housing or find or make secure housing arrangements, or seek

legal assistance and prepare for or attend court-related proceedings. Additional leave

can be requested if there are other qualified events as a result of the situation.

Fair Employment Leave-Military Leave. An eligible employee enjoys the

right to take unpaid leave for compulsory military duty or a spouse or parent of a

person called to military service lasting longer than thirty (30) days.

Upon return from FEL for compulsory military duty or any period of

active duty in the National Guard or other military reserve units, an employee

may not be discharged or subjected to adverse employment action for taking

such leave.

Upon return from FEL for compulsory military duty or any period of

active duty in the National Guard or other military reserve units, an employee

shall be restored to their original or equivalent positions with equivalent pay,

benefits, and other employment terms.

Advance notice of FEL is required, unless military necessity prevents

such notice or it is otherwise impossible or unreasonable.

Employees will receive partial pay for two-week training assignments

and shorter absences. Upon presentation of satisfactory military pay

verification data, employees will be paid the difference between their normal

base compensation and the pay (excluding expense pay) received while on

military duty. Paid time off (PTO) and holiday benefits will continue to

accrue during a paid military leave of absence.

The portion of any FEL in excess of two weeks will be unpaid.

However, employees may use any available PTO for the absence.

Continuation of health insurance and other benefits is available based

on the length of the leave and subject to the terms, conditions and limitations

of the applicable plans for which the employee is otherwise eligible;

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Employees on FEL, for up to thirty (30) days are required to return to

work for the first regularly scheduled shift after the end of service, allowing

reasonable travel time. Employees on longer military leave (deployment) must

apply for reinstatement.

Birthing Parent/Non-Birthing Parent Leave/Adoption Leave. Employees

who wish to take time off for the birth of a child must notify their Immediate

Supervisor at least (30) days in advance of the approximate due date. Employees

getting placement of a child in anticipation of adopting the child must notify their

Immediate Supervisor as soon as possible to determine eligibility for adoption leave.

Birthing Parent Leave. Regular eligible fulltime birthing parent will

be granted six (6) weeks of paid Birthing Parent Leave for the birth of their

child. The time taken will be reduced from the twelve (12) weeks of Fair

Employment Leave time available to all eligible employees;

No-Birthing Parent Leave. Regular eligible fulltime Non-birthing

parent will be granted six (6) weeks of paid No-Birthing Parent Leave for the

birth of their child. The time taken will be reduced from the twelve (12) weeks

of Fair Employment Leave time available to all eligible employees.

Adoption Leave. A regular eligible fulltime employee that has

adopted a child will be granted up to six (6) weeks of paid Adoption Leave for

placement of children up to one (1) year of age, or three (3) weeks of paid

Adoption Leave for all others. Eligibility for adoption leave will be

determined by the date of placement. A sworn statement by the court with the

date of placement or a court order verifying placement is required.

Holidays. The Legislative Office will grant paid holiday time off to eligible fulltime employees for the following listed Holidays:



New Year's Eve (December 31)

New Year’s Day (January 1)



Good Friday (Friday before Easter)

Memorial Day (last Monday in May)

Independence Day (July 4)

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

“Adams Tribal Holiday” (first Monday in September)

Tribal Sovereignty Day (September 21)

Michigan Indian Day (Fourth Friday in September)

Veterans Day (November 11)



Thanksgiving (Fourth Thursday in November)

Friday after Thanksgiving

Christmas Eve (December 24)

Christmas (December 25)

Holiday pay will be calculated based on the employee's straight-time pay rate

as of the date of the holiday times the number of hours the employee would otherwise

have worked on that day up to a total of eight (8) hours for non-exempt employees.

To be eligible for holiday pay, employees must work the last scheduled

workday preceding and the first scheduled workday following the holiday, unless the

employee is on pre-approved leave. Absences due to illness preceding and following

a holiday require a physician’s statement.

If a recognized holiday occurs during an eligible employee's PTO, holiday pay

will be provided instead of the paid time off benefit that would otherwise have

applied.

A holiday listed above that falls on a Saturday will be observed on the

preceding Friday. A recognized holiday listed above that falls on a Sunday will be

observed on the following Monday, unless Monday is a holiday, then the recognized

holiday will be on next business day (Tuesday).

Employees who are required to work on a recognized holiday will receive

their regular pay for all hours worked that day, plus eight (8) hours of holiday pay at

their regular rate of pay.

Paid time off for holidays or other paid time off will not be counted as hours

worked for the purposes of determining overtime.

Anishinaabe Cultural Heritage Leave. A “regular” full-time employee who works

an average of thirty-two (32) hours per week throughout the year is eligible for up to thirtyLegislative Branch Operations Governmental Employee Personnel Policies Handbook Approved 110917

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two (32) paid hours off per calendar year (employees working more than eight (8) hour shifts

see below), to fulfill activities that are in line with the Preamble of the Little Traverse Bay

Bands of Odawa Indians Constitution, “IN THE WAYS OF OUR ANCESTORS, to perpetuate

our way of life for future generations, we the Little Traverse Bay Bands of Odawa Indians,

called in our own language the WAGANAKISING ODAWAK, a sovereign, self-governing

people who follow the Anishinaabe Traditions, Heritage, and Cultural Values . . .

while

recognizing the importance of preserving a strong, unified Tribal identity in accordance with

our Anishinaabe Heritage. We will work together in a constructive, cooperative spirit to

preserve and protect our lands, resources and Treaty Rights, and the right to an education

and a decent standard of living for all our people. In keeping faith with our Ancestors, we

shall preserve our Heritage while adapting to the present world around us.

Anishinaabe Cultural Heritage Leave is provided to employees to allow them the

opportunity during a scheduled work day to participate in Anishinaabe Traditions, Heritage,

and Cultural events, and activities to preserve and protect our lands, resources and Treaty

Rights that could not be done outside of work. Any additional time desired would need to be

utilized through the Paid Time Off benefit or taken as unpaid leave.

To request Anishinaabe Cultural Heritage Leave; All requests for Leave time

shall be submitted via the “Employee Web Services for Abila” to be approved by their

Immediate Supervisor.

The Immediate Supervisor will make the final determination as to whether a

proposed absence will be granted, and will also determine how it will be considered,

either Anishinaabe Cultural Heritage Leave, PTO leave or in the event that the

employee does not have any PTO days accrued, unpaid leave.

The employee’s Immediate Supervisor may deny Anishinaabe Cultural

Heritage Leave during peak business periods or if their Immediate Supervisor is

unable to staff the office and provide services to the Tribal Citizens in the employee’s

absence. Every reasonable effort will be made to accommodate requests to use Leave.

The total number of hours that are available for Anishinaabe Cultural Heritage

Leave use may not exceed thirty-two (32). Unused hours may not be carried forward

to the next year, transferred, or used for any other purpose. An employee who works a

shift greater than eight (8) hours may also take eight (8) hours of Leave and then the

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rest of the shift in PTO time if they have any available or unpaid leave if it is

approved by their Immediate Supervisor.

G. Leave Pending Human Resources Investigation. Certain offenses, violations, or

infractions may require investigative actions to determine an employee’s involvement.

An employee may be placed on an investigative leave temporarily during such

investigations. The duration of any investigation shall take no longer than seven (7) days.

Employees will be notified by the Human Resources Department as to the findings,

conclusions, and any further actions as needed.

H. Work-Release.

Employees who are incarcerated may be eligible to participate in a Work

Release Program. The following criteria must be met:

The employee’s status must be fulltime regular.

The employee must be employed for more than 90 days.

Work release cannot exceed more than one (1) time in a rolling two (2)

year period.

Requests must be made to the Human Resources department and appropriate

documentation must be provided before approval is given.

SECTION IX.

WAGES AND HOURS

In order to maintain a minimum standard of living necessary for health, efficiency

and general well-being of all employees within its jurisdiction, the Little Traverse Bay Bands

of Odawa Indians has set forth the following to establish a LTBB Living Wage that is set at

$10.50 per hour. Each year the Living Wage will be adjusted annually by the beginning of

the fiscal year, based on the Federal Consumer Price Index. Such living wage will be

approved by Resolution by the Tribal Council.

An employer who employs those that receive tips is required to pay in hourly wages,

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plus the tips, equal to at least the LTBB Living Wage. The employee must retain all tips if

the employee customarily and regularly receives more than $30 a month in tips. If an

employee's tips combined with the employer's direct wages do not equal the LTBB Living

Wage, the employer must make up the difference.

Hourly employees are paid at their regular rate of pay and are paid for all hours

worked. Hourly employee shall not be employed for a workweek longer than forty (40) hours

unless such employee receives overtime compensation for the employee’s employment in

excess of forty (40) hours at a rate not less than one and one-half times the regular rate at

which the employee is employed or the employee may choose compensatory time (also

referred to as Paid Time Off, PTO) for hours worked in excess of forty (40) hours worked in

a work week at a rate not less than one and one-half times the hours worked in excess of

forty (40).

Exempt employees shall not receive overtime for hours worked in excess of forty (40)

hours worked in a work week. Exempt employees are generally executive employees,

administrative employees, outside sales employees, learned professional employees,

computer employees, creative professional employees, highly compensated employees, and

meet the following:

Executive Employee whose primary duty is management of the enterprise or a

recognized department or subdivision. Customarily and regularly directs the work of

two or more other employees; AND has authority to hire or fire other employees, OR

the employee’s suggestions as to hiring, firing, promotion or other change of status of

other employees are given particular weight.

Administrative employee whose primary duty is the performance of office or

nonmanual work directly related to the management or general business operations of

the employer or the employer’s customers. Primary duty includes the exercise of

discretion and independent judgment with respect to matters of significance.

Customarily and regularly exercises discretionary powers and independent judgment

in performing the job.

Outside Sales employee whose primary duty is making sales or obtaining

orders or contracts for services, or for the use of facilities for which a consideration

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will be paid by the client or customer. The employee is customarily and regularly

engaged away from the employer’s place or places of business. The salary

requirements of this section do not apply.

Learned Professional employee whose primary duty is the performance of

work requiring advanced knowledge, defined as work which is predominantly

intellectual in character, requiring the consistent exercise of discretion and judgment.

The advanced knowledge must be in a field of science or learning and customarily

acquired by a prolonged course of specialized intellectual instruction.

Computer employee whose primary duty of:

application of systems analysis techniques and procedures, including

consulting with users, to determine hardware, software or system functional

applications;

design, development, documentation, analysis, creation, testing, or

modification of computer systems or programs, including prototypes, based

on and related to user or system design specifications;

design, documentation, testing, creation or modification of computer

programs related to machine operating systems; or

a combination of duties described in (a.), (b.), and (c.), and the

performance of which requires the same level of skills.

Creative professional employee whose primary duty is the performance of

work requiring invention, imagination, originality, or talent in a recognized field of

artistic or creative endeavor.

Employee whose is paid at least $913 per week ($47,476 for a full-year

worker) or more; and customarily and regularly perform at least one of the duties of

an exempt executive, administrative, or professional employee.

Employee who has annual earnings of $134,004 or more which may include

commissions, nondiscretionary bonuses and other nondiscretionary compensation

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earned; and customarily and regularly perform at least one of the duties of an exempt

executive, administrative, or professional employee.

Employers may count nondiscretionary bonuses, incentives, and commissions toward

up to 10 percent of the required salary level for the standard exemption, so long as employers

pay those amounts on a quarterly or more frequent basis.

Timekeeping. Non-exempt employees shall keep an accurate record of time worked

in order to calculate employee pay and benefits. Time worked is all the time actually spent on

the job performing assigned duties as follows:

The time they begin and end their work;

The beginning and ending time of each meal period;

The beginning and ending time of any split shift;

Departure from work for personal reasons.

It is the employee’s responsibility to enter their time via the “Employee Web Services

for Abila”. All timesheets are to be submitted to payroll by noon on Monday. Any

timesheets turned in after the deadline on Monday will be processed on the next week payroll

run.

If a holiday is observed on a Monday, timesheets will be due in the payroll

office by the close of business on the previous Friday.

All hours worked by employees beyond specified work-week must be

approved in advance by Immediate Supervisor.

Exempt employees are not required to submit weekly timesheets. Exempt employees

are required to work a standard workday or a work schedule approved by their Immediate

Supervisor.

Work Schedules. To maintain a safe and productive work environment, LTBB

Legislative Branch expects employees to be reliable and to be punctual in reporting for

scheduled work.

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Office Hours.

The Legislative Office shall be open to the public from 9:00 a.m. to

5:00 p.m.

The standard workday for all employees is 8:00 a.m. to 5:00 p.m.

Their Immediate Supervisor must approve any deviation from the standard

work schedule.

Breaks: Rest and Meal Periods.

All full-time employees will be allowed a 60-minute non-paid lunch

period. Immediate Supervisor may schedule meal periods and assign break

areas to accommodate operating requirements.

There will be two paid 15-minute breaks. (i.e. one a.m. / one p.m.

break) Since this is paid as time worked, employees must not be absent from

their workstations beyond the allotted break.

Alternative Scheduling. The Immediate Supervisor reserves the right to alter

work schedules as needed.

Attendance. Absenteeism and tardiness place a burden on other employees and on

the Tribe. In the rare instances when employees cannot avoid being late to work or are unable

to work as scheduled, they must notify their Immediate Supervisor, prior to the start of the

employee’s scheduled start time so other arrangements can be made to cover the employee’s

absence.

Poor attendance, excessive absenteeism, or excessive tardiness/leaving early

are disruptive and shall lead to disciplinary action, up to and including termination of

employment.

Absences of three consecutive workdays without notifying their Immediate

Supervisor will be considered a voluntary resignation.

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Pay Deductions. LTBB makes certain deductions from every employee's

compensation. Among these are applicable federal and state income taxes. If an employee

has questions concerning why deductions were made from a paycheck or how they were

calculated, the employee should contact the Payroll Department for assistance.

LTBB must deduct Social Security taxes on all applicable employees’

earnings up to a specified limit that is called the Social Security "wage base." LTBB

matches the amount of Social Security taxes paid by each employee.

LTBB offers benefits beyond those required by law. Eligible employees may

voluntarily authorize deductions from their paychecks to cover the costs of

participation in these programs not paid for by LTBB.

LTBB offers direct payroll deposit to employee savings and/or checking

accounts. An employee will receive an itemized statement of wages when the direct

deposit is made.

Paydays. All employees are paid weekly on Friday.

Required timesheets must be received in the Payroll Department no later than

12:00 Noon Monday.

Failure to meet the deadline will result in a delay of the paycheck being issued

until next scheduled payday.

Each paycheck will include earnings for all work performed through the end

of the previous payroll period.

In the event that a regularly scheduled payday falls on a holiday, the employee

will receive pay on the preceding day.

An employee must present a written authorization to the Payroll Department

for someone else to pick up his or her paycheck.

LTBB does not provide pay advances under any circumstances.

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Pay Corrections. LTBB takes all reasonable steps to ensure that employees receive

the correct amount of pay in each paycheck and that employees are paid promptly on the

scheduled payday. In the unlikely event that there is an error in the amount of pay, the

employee should promptly bring the discrepancy to the attention of their Immediate

Supervisor, who shall notify the Payroll Department so that corrections can be made as

quickly as possible.

Flex Time. With the approval of their Immediate Supervisor, employees may vary

(“flex”) their schedule from the standard workday outlined above because of the necessities

of the job or for personal reasons. “Flex Time” should only be taken within the same pay

period that hours are worked outside of the standard workday, unless unusual circumstances

exist. If possible, Flex Time must be taken within one pay period of the time that it was

earned, and may not be transferred. The employee’s Immediate Supervisor will authorize

Flex Time for Tribal business that employees must conduct outside of the standard pay

period. Flex Time will only be granted for time that an employee is working outside of the

standard workday. Flex Time is not granted for traveling, total time spent at a conference or

training outside of conference or training itself, etc. Authorization for Flex Time for personal

reasons is subject to the reasonable discretion of their Immediate Supervisor. Flex Time

must be approved by the supervisor before it is earned.

Emergency Closing. At times, emergencies such as related to severe weather, fires,

or power failures, or other safety or welfare conditions. In extreme cases, these circumstances

may require the closing of the LTBB work facility.

Paid Leave: When operations are officially closed due to emergency

conditions or severe weather, employees will be paid for the time off from work.

In cases where an emergency closing is not authorized, employees who

believe that travel would be dangerous may use available PTO (Paid Time Off). The

employee shall make a reasonable attempt to contact their Immediate Supervisor prior

to the start of their shift unless other arrangements with the department have been

made.

SECTION X. EMPLOYEE DEVELOPMENT & ENHANCEMENT

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Performance Evaluation. Immediate Supervisors are strongly encouraged to discuss

job performance and goals on an informal, day-to-day basis. Formal performance evaluations

are conducted to provide both supervisors and employees the opportunity to discuss job

tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss

positive, purposeful approaches for meeting goals. Annual performance reviews will be

conducted on the anniversary date of hire with the Tribe. Verbal evaluation of job

performance in the probationary period will be done by the Immediate Supervisor at the 30,

and 60-day intervals. A completed written evaluation will be done by the Immediate

Supervisor, at the 90-day interval.

Annual Monetary Compensation. The amount of annual monetary compensation

increase will be at the rate of 1.5% per year.

Training/Professional Enhancement. Employee are encouraged to keep abreast of

current trends and skill sets that enhance their job performance. Employees will have any

necessary training and professional enhancement approved by their Immediate Supervisor.

SECTION XI.

EMPLOYEE HEALTH and WELFARE

The use of drugs that are lawfully obtained and properly used is permitted, provided

that such drugs so not interfere with the employee’s ability to perform the essential functions

of his or her job safely and productively. Any employee taking prescribed medication that

may impair his or her ability to work safely and effectively must notify the Human Resources

department prior to beginning work. Such medication may include, but is not limited to, that

which warns the user not to operate motor vehicles or heavy equipment while taking the drug

or warns that the drug may cause drowsiness.

If required to take prescription medication, it is the sole responsibility of the

employee to ask his or her physician, prior to reporting to work whether the prescribed

medication may impair his or her job performance. If the prescription is known to have side

effects that may impair the employee’s ability to work, a written statement from the

employee’s physician stating that the employee is capable of working safely and effectively

must be presented to the supervisor prior to the employee beginning work. The Immediate

Supervisor along with the Human Resources Department will attempt to accommodate any

job limitations that are noted by the physician, unless to do so would pose a hardship on the

Legislative Branch operations.

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Positions that involve the handling of hazardous materials or the use of heavy

machinery or equipment shall adhere to a no-drug policy except upon a written statement

from the employee’s physician stating that the employee is capable of working safely and

effectively. The Immediate Supervisor along with the Human Resources Department will

attempt to accommodate any job limitations that are noted by the physician, unless to do so

would pose a hardship on the Tribal operations.

Michigan and other state laws permit certain medical providers to advise their

patients on the use of medical marijuana for certain medical conditions. The written advice

of a physician regarding the use of medical marijuana to treat medical conditions constitutes

a prescription for the purposes of this policy.

Marijuana for medicinal purposes may not be smoked at the place of

employment/workplace or in Tribal vehicles. Employees who are under doctors’ care may

possess marijuana within the legal guidelines. Employees will not be allowed to sell or

distribute marijuana at the place of employment/workplace. Employees who are under

doctors’ care taking marijuana are expected to adhere to all attendance and performance

policies/requirements.

The Federal Drug-Free Workplace Act requires employers with government grants to

certify that their workplaces are drug-free. In order to comply with the law, employees must

meet specific requirements. Under the Drug-Free Workplace Act, an employee who

performs work for a government contract or grant must notify their Immediate Supervisor of

a criminal conviction for drug-related activity occurring in the workplace. The report must be

made within five days of the conviction.

In certain circumstances, employees may be directed to undergo treatment or

rehabilitation in lieu of termination. This option is at the sole discretion of LTBBOI. If an

employee refuses treatment or has a subsequent violation of this policy following treatment,

this is grounds for immediate termination.

Any employee who suspects that he/she may have an alcohol or drug dependency

problem is strongly encouraged to contact the Human Resources Director or the Director of

Substance Abuse to obtain assistance and/or referrals to appropriate resources in the

community. In certain circumstances, employees may be approved for unpaid leave to

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participate in a rehabilitation or treatment program, provided they agree to abide by the

Tribe’s conduct policies and rules. This provision cannot be used to avoid disciplinary action

for a known violation of the drug and alcohol policy, or work performance issues related to

substance abuse.

LTBB has a drug and alcohol testing program. Applicants are required to undergo

pre-employment drug testing. Employees are subject to random drug and alcohol testing, as

well as testing for reasonable suspicion that an employee is violating this policy, postaccident (accident involving injury or damage to property), and periodic testing following a

positive test.

Employees who refuse a test, tamper with a test or have a positive test result are

subject to discipline, up to and including termination.

Post-Accident Testing

An employee will be required to submit to a drug and alcohol test if the

worker suffers from a reportable injury as a result of an on-the-job accident or the

employee’s job performance, actions or conduct either contributed to an accident or

cannot be completely discounted as a contributing factor to an accident. Testing will

also be required if the employee’s conduct resulted in or contributed to damage to

tribal property or injury to another individual, even if the employee was not injured as

a result of the incident. The employee must provide a sample of his or her urine, hair,

or breath when seeking medical treatment.

The following drugs are prohibited and an employee’s test results registering

at or above the corresponding detection levels shall be considered to be under the

influence:

Amphetamines: initial: 1000 NG/ML, confirmation: 500 NG/ML

Opiate Metabolites: initial 300 NG/ML, confirmation: 300 NG/ML

Cocaine Metabolites: initial 300 NG/ML, confirmation: 150 NG/ML

Phencyclidine: initial 25 NG/ML, confirmation: 25 NG/ML

Marijuana Metabolites: initial 50 NG/ML, confirmation: 15/ML

Alcohol: initial: .04 BAC, confirmation: .04 BAC

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SECTION XII. EMPLOYEE CONDUCT and WORK PROVISIONS

Employee Relations. If employees have concerns about work conditions or

compensation, they are strongly encouraged to discuss these concerns directly with their

Immediate Supervisor. If the employee feels they cannot speak with their Immediate

Supervisor about an issue, they should set up a meeting with the Human Resources Director.

Professional Conduct on the Job. The successful business operation and reputation

of the Legislative Office is built upon the principles of fair dealing and proper conduct of our

employees. Our reputation for integrity and excellence requires careful observance of the

spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the

highest standards of conduct and personal integrity.

The Legislative Branch will comply with all applicable laws and regulations

and expects its employees to exercise good judgment and conscious regard for the

highest standards of conduct.

If a situation arises where it is difficult to for an employee to determine the

proper course of action, they should discuss it openly with the Immediate Supervisor,

and if necessary, with the Human Resources Department.

Integrity and professional conduct are the responsibility of every Legislative

Branch employee. Disregarding or failing to comply professional conduct could lead

to disciplinary action. The use of professional judgment and the observance of

applicable laws and regulations is the responsibility of each employee.

Work Performance and Business Conduct. Every organization must have certain

rules in order to operate in an orderly and efficient manner, to make cooperation with other

employees easier and to assist in properly respecting the rights of LTBB and its employees.

Discipline for Misconduct. The following misconduct by an employee may result in

disciplinary action up to and including termination. This list is not all-inclusive, as

circumstances change, rules of conduct may also change. Discipline may include a warning,

suspension or termination, based on the severity of the misconduct.

Creating or contributing to the creation of an intimidating, hostile or offensive

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working environment based on race, sex, age, marital status, sexual orientation,

physical or mental disabilities or other factors prohibited by law. Anyone engaging in

sexual or other harassment. (See Section E. Harassment)

Theft or inappropriate or unauthorized removal or possession of Tribal, client

or another employee's property.

Falsification of timekeeping records or travel documents. Falsifying records or

giving false information to authorized departments or to employees responsible for

record keeping or Intentional failure to provide accurate and complete information

whenever an authorized person requires such information.

Intentionally concealing, removing, mutilating or destroying program records

or documents.

Use or possession of illegal drugs, alcohol, or controlled substances during

work hours without a prescription. (See Section Employee Health and Welfare)

Fighting or threatening violence in the workplace. Threatening, attempting or

doing bodily harm to another person. Intimidating, interfering with or using abusive

language towards others. Making false or malicious statements concerning other

employees, supervisors or program heads. It is expected that all employees should be

treated with courtesy and respect at all times and are encouraged to bring their

disputes or differences to the attention of Immediate Supervisor or the Human

Resources Director before the situation escalates into potential violence. All threats

of (or actual) violence, both direct and indirect, should be reported as soon as possible

to the Law Enforcement Department and the Immediate Supervisor. This includes

threats by employees, as well as threats by customers, vendors, solicitors, or other

members of the public. When reporting a threat of violence, the employee should be

as specific and detailed as possible. In order to maintain workplace safety, LTBB

may suspend employees, with pay, pending investigation of all reports of threats of

(or actual) violence.

Negligence or improper conduct leading to damage of Tribal, client or another

employee's property.

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Insubordination or other disrespectful conduct. Insubordination, including

disobedience, or failure/refusal to carry out assignments or instructions.

Exploitation of another person for private advantage.

Smoking in prohibited areas. In keeping with the intent to provide a safe and

healthful work environment, smoking is prohibited by all employees, clients, and

visitors throughout the workplace. The use of sage, tobacco, sweet grass, cedar, is

permitted for ceremonial purposes. "Ceremonial purposes" does not include the

personal use of cigarettes, cigars or pipes. Smoking is allowed in designated areas

only.

10.

Possession of dangerous or unauthorized materials, such as explosives or

firearms, in the workplace.

11.

Excessive absenteeism or any absence without notice. Failure to report

promptly and observe work schedules. Unauthorized absence from work during

required hours of attendance. When an employee is absent from work during required

hours which results in lost time they will not accrue PTO during that pay period.

12.

Unauthorized or improper use of Tribal property or equipment. For example:

vehicles, telephone or postage etc. Misuse, lending, borrowing or duplicating of

Tribal keys. Unauthorized or improper use or possession of identification cards.

Unauthorized entry to Tribal property including unauthorized entry outside of

assigned hours of work or entry into restricted areas without prior approval by their

Immediate Supervisor. (See Section F. Telephone, Cell Phone and Mail Systems)

13.

The improper, careless, negligent, destructive, or unsafe use or operation of

equipment or vehicles, as well as excessive or avoidable traffic and parking

violations. (See Section G. Use of Vehicles)

14.

Unauthorized or uninsured motorist while using Tribal vehicle or Employees

while driving LTBB owned vehicles for work-related business. (See Section H.

Uninsurable Drivers)

15.

Unauthorized disclosure of confidential information is a serious breach of

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confidentiality.

16.

Unsatisfactory performance or conduct. Loafing, loitering, sleeping or

engaging in unauthorized personal business. Failure to comply with rules and

regulations regarding health, safety and sanitation requirements. Negligence in the

performance of assigned duties.

17.

Unauthorized public statements on behalf of the LTBB. Legislative Office

employees may make statements pertaining to their departmental duties,

responsibilities and services. All other media inquiries will be directed to their

Immediate Supervisor.

16.

During business hours, employees are expected to present a clean, neat and

professional appearance. Clean and neat appearance means good personal hygiene.

Dress may be casual but should always be in good taste. The following are

considered unacceptable attire:

T-shirts and other clothing with drug, alcohol or sex related material or

design.

Provocative or revealing clothing (i.e. tank tops, belly shirts, short

skirts).

Dress shorts or the like, are acceptable but not short shorts or cut-offs.

Denim jeans except for on Friday.

Inappropriate dress or lack of personal hygiene, which adversely

affects proper performance of duties or constitutes a health or safety hazard.

18.

Political Activity. Every employee has the right to freely express opinions as

citizens and to vote, however, partisan political activity of any kind during work

hours is strictly prohibited. Employees engaged in political activities may not charge

any costs incurred in the course of these activities to the Tribe. Political activities

include but are not limited to campaigning, distributing political materials, soliciting

support for a candidate, or soliciting signatures for ballot petitions, within the Tribal

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Governmental Administration Building. Employment with the LTBB of Odawa

Indians Legislative Branch may not be offered as consideration for the support of any

political party of candidate for public office. Direct involvement in an unauthorized

political activity during scheduled work hours.

19.

The acceptance of any gifts or gratuities by Tribal employees in the course of

his/her official duties or responsibilities for personal gain.

20.

Employees who are incarcerated for any reason which affects work attendance

and results in lost time will be subject to the following disciplinary action:

21.

Failure to be courteous in dealing with fellow employees or the general

public.

22.

To assist in providing a safe and healthful work environment for employees,

Tribal Citizens, clients and visitors, LTBB has established a workplace safety

program. LTBB provides information to employees about workplace safety and

health issues through regular internal communication channels such as supervisoremployee meetings, bulletin board postings, memos, or other written

communications. Each employee is expected to obey safety rules and to exercise

caution in all work activities and report any unsafe condition to their Immediate

Supervisor.

Employees who violate safety standards that cause hazardous or

dangerous situations, fail to report hazardous or dangerous situations where

appropriate or knowingly and wittingly neglect to remedy such situations may

be subject to disciplinary action, up to and including termination of

employment.

Reports and concerns about workplace safety issues may be made

anonymously. Reprisals for reporting unsafe working conditions are

prohibited.

In the case of accidents that result in injury, regardless of how

insignificant the injury may appear, employees should immediately notify

their Immediate Supervisor and Human Resources Department. Such reports

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are necessary to comply with laws and initiate insurance and workers'

compensation benefits procedures, if needed.

All employees are required to wear or possess an LTBB issued

identification badges while in the workplace during work hours. Human

Resources Department may charge a cost for replacement of an identification

badge. If an Employee loses their identification badge they must notify their

Immediate Supervisor or Human Resources Department immediately.

23.

Employees have an obligation to conduct business within guidelines that

prohibit actual or potential conflicts of interest. Employees are prohibited from

engaging in any activity in direct conflict with the financial, legal and proprietary

interests of the Legislative Branch. Employees will refrain from providing any direct

services to family members.

Harassment.

Employees may not harass or discriminate against other employees on the

basis of religion, race, color, national origin, ethnicity, age, sex, height, weight,

familial status, marital status, disability, perceived disability or sexual orientation.

Such harassment is against Tribal law; is disruptive; can create an intimidating,

offensive or hostile environment; damage morale; and negatively affect productivity.

Sexual harassment is against Tribal law. Sexual harassment includes, but is not

limited to, unwelcome sexual advances, requests for sexual favors, and any other

verbal or physical conduct of a sexual nature. Sexual harassment occurs when

submission to or rejection of unwanted sexual conduct is used as the basis for

employment decisions, or when unwelcome sexual conduct creates an intimidating,

offensive or hostile working environment. Examples of sexual harassment include,

but are not limited to the following:

Sexual touching, advances or propositions;

Verbal abuse of a sexual nature;

Graphic or suggestive comments about an individual’s dress or body;

Sexually degrading words to describe an individual; and

Display in the workplace of sexually suggestive objects or pictures,

including nude photographs.

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If an employee believes that they have been the subject of harassment because

of the actions of a supervisor, another employee or a non-employee, they should

immediately report the incident to their Immediate Supervisor or the Director of

Human Resources. Any Immediate Supervisor who becomes aware of possible

harassment is required to report the matter as soon as possible to the Human

Resources Director.

All complaints will be investigated promptly. Confidentiality will be protected

to the extent reasonably possible. Any employee or Immediate Supervisor who is

found to have engaged in harassment or discrimination against another employee will

be subject to appropriate disciplinary action, up to and including termination. In

certain circumstances, an employee’s conduct could also result in criminal or civil

action against him/her.

Retaliation against any employee for filing a complaint or participating in an

investigation of harassment or discrimination is prohibited.

Sexual Harassment - Sexual harassment does not refer to occasional

compliments of a socially acceptable nature. Sexual harassment is defined as

“unwelcome sexual advances, request for sexual favor, or other verbal or physical

conduct of a sexual nature made to any employee”, and can seriously undermine

employee morale, work quality or productivity. Sexual harassment occurs when such

behavior creates a hostile, offensive or intimidating work environment. Unwelcome

sexual advances, requests for sexual favors or other verbal or physical conduct of a

sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a

term or condition of an individual's employment.

Submission to or rejection of such conduct by an individual influences

employment decisions affecting that individual.

Such conduct has the purpose or effect of unreasonably interfering

with an individual's performance.

Such conduct has created an intimidating, hostile or offensive

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employment or personal living environment.

Reporting Harassment – At such time when their Immediate Supervisor

become aware of possible sexual or other unlawful harassment and in consultation

with the Human Resources Director will handle the matter in a timely and

confidential manner. Reporting an investigation of sexual harassment will be handled

outside of the normal problem resolution procedure.

Telephone, Cell Phone and Mail Systems.

Computers and Software are the property of LTBB and are intended for

business use. LTBB prohibits the use of computers in ways that are disruptive,

offensive to others, or harmful to morale. To ensure compliance with this policy,

computer and e-mail usage may be monitored; consequently, employees should

always ensure that the business information contained on LTBB computers is

accurate, appropriate, ethical, and lawful. Employees should inform their Immediate

Supervisor upon learning of violations of policy. Employees who violate this policy

will be subject to disciplinary action, up to and including termination of employment.

Cell Phone Usage Rules:

All cellular equipment that has the feature for voice-mail shall be

utilized.

Employees are strongly discouraged from using governmental

provided cellular equipment while operating a motor vehicle. The employee

or official shall find an area off the traveled portion of the road way, stop the

vehicle before conducting business on any governmental issued hand-held

cellular equipment.

Excessive Personal use is found; if the personal use of equipment

results in an increase in costs or additionally incurred costs.

Personal use of cellular equipment for private commercial purposes is

strictly prohibited regardless of whether or not it results in additional charge

to the Tribe.

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Excessive use of cellular equipment could result in loss of use or

limitations on use, disciplinary or adverse actions, or reimbursement of costs.

Failure to reimburse costs may result in the Tribe reporting the value of the

device and activation plan as taxable income to the employee or official.

The Immediate Supervisor shall be responsible for oversight of

employee’s cellular equipment usage by providing softcopy bills directly to

the LTBB Accounting Department. Accounts Payable will check bills to

identify any red flag areas for additional investigation and will then notify

the Immediate Supervisor of any concerns. The Accounts Payable will look

at the following areas:

Billing costs for the individual exceed the budgeted amount

greater than ten percent (>10%);

ii.

Significant personal call activity;

iii.

iv.

vi.

Lengthy calls (calls in excess of 45 minutes);

Excessive roaming and/or long-distance charges.

Excessive Texting

Download of Applications/ Games, Ringtones, etc.

Identified misuse of cellular equipment may result in termination of

cellular services. Individuals will also be required to compensate the Tribe for

personal usages that cause the bill to exceed the monthly service charge. The

LTBB Accounting may draw personal usage costs from the individual's

payroll or stipend, with prior notice.

The Legislative Office shall be responsible for submitting any requests

to discontinue service to the Purchasing Technician including the date of

termination of services.

the Purchasing Technician will contact the Legislative Office to ensure

that the removed user has returned the equipment.

Postage/Mail - The use of the LTBB paid postage for personal correspondence

is prohibited.

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Use of Vehicles. When using LTBB vehicles, employees are expected to exercise

care, and follow all operating instructions, safety standards, and guidelines. Please notify

their Immediate Supervisor if any vehicles appear to be damaged, defective, or in need of

repair. Prompt reporting could prevent deterioration of equipment and possible injury. An

employee should consult their Immediate Supervisor with any questions regarding the

responsibility for maintenance and care of vehicles used on the job.

Employees shall be required to sign a receipt for equipment issued, accepting

responsibility for equipment while in their custody. A payroll deduction will be taken

for any equipment lost or not turned in upon termination.

Employees who drive LTBB owned vehicles shall have an appropriate license

and be insurable under the Tribe’s insurance. Changes to a status of an operator’s

license or CDL (Commercial Driver’s License) for employees who drive LTBB

vehicles, must be communicated to their Immediate Supervisor as soon as the change

has occurred.

Employees while driving LTBB owned vehicles for work-related business

shall have with them, a valid driver’s license with all appropriate and necessary

classifications and be insurable under the Tribe’s insurance.

Uninsurable Driver

If any of the following occur within the previous five-year period, then the

Driver is not insurable under the Tribe’s insurance and is not allowed or authorized to

drive on behalf of the Tribe or tribal business.

Two or more suspensions with reinstatements

Two or more at fault accidents

Three or more moving violations

Any combination of three or more moving violations, at fault

accidents and suspensions with reinstatements

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If any of the following traffic violations occur within the previous five-year

period, then the Driver is not insurable under the Tribe’s insurance and is not allowed

or authorized to drive on behalf of the Tribe or tribal business.

Operating under the influence of intoxicant or controlled substance

(DUI) (DWI)

Failure to stop & report when involved in an accident that resulted in

bodily injury to any person

Vehicular homicide, manslaughter or assault

Operating a vehicle during license revocation or suspension

Operating a vehicle without the permission of the owner

Operating a vehicle while used in commission of a felony

Racing or speed contest

Attempting to elude a police officer

Youthful (underage) passenger with open container

Reckless or careless driving

Driving on wrong side of highway

Hit and run

If any of the following occur within the previous three-year period, then the

Driver is not insurable under the Tribe’s insurance and is not allowed or authorized to

drive on behalf of the Tribe or tribal business.

Suspended, denied or revoked driver's license.

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SECTION XIII.

PROGRESSIVE DISCIPLINE

LTBB recognizes that there are certain types of employee problems that are serious enough

to justify either a reprimand, suspension, or, in extreme situations, termination of

employment. All disciplinary action will begin with the supervisor consulting with the

Human Resources Director about the alleged violation or behavior that needs to be addressed

and corrected. The Human Resources Director will conduct an investigation to determine the

legitimacy of the complaint and provide the direction as to the proper course of action. This

course of action can be a warning at any step in the progressive discipline process, up to and

including termination, with an action plan for the improvement of the problem and a

guideline should the problem continue or in the case of a serious infraction the suspension or

termination of employment. In the event that a step in the progressive discipline process is

initiated, the employee that receives the warning will be able to provide his or her own

comment to the warning and have that comment placed in their personnel file as an

attachment to the warning notice. In the event that an employee has a problem with their

Immediate Supervisor the employee can and should consult with the Human Resources

Director about the issue for possible resolution.

VERBAL WARNING - The Supervisor will discuss clearly and frankly the

reason(s) necessitating the warning and present specific suggestions for corrective action by

the employee. An action plan will be developed to assist in the management and correction of

the problem. Written documentation (Human Resources Employee Warning Notice) will be

placed in the employee’s personnel file. Signature of the employee does not necessarily

denote agreement with the action, only that they were made aware of the action.

WRITTEN WARNING - The Supervisor will discuss clearly and frankly with the

employee the reason(s) necessitating the written warning and present specific suggestions for

corrective action to be taken by the employee. An action plan will be developed to assist in

the management and correction of the problem. Written documentation (Human Resources

Employee Warning Notice) will be placed in the employee's personnel file.

SUSPENSION - This step shall be considered the final warning. The Supervisor will

provide a written statement to the employee that clearly explains the reason(s) for the

suspension, outlining the standards to be used in measuring improvement and what action

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will be taken if the deficiencies are not corrected. Suspended employees will be required to

turn in keys and other Tribal property while on suspension. Copies of the signed Employee

Warning will be placed in the employee’s personnel file. Should a disciplinary action result

in a suspension of the employee, the following guidelines shall apply:

Immediate supervision shall mutually determine the length of suspension.

In no case shall the length of suspension exceed five (5) work days in

duration.

Suspensions pending further investigation can be with or without pay and in

no case, shall the length of suspension exceed thirty (30) work days in duration.

TERMINATION - The final disciplinary action step taken by the Immediate

Supervisor shall be termination of employment. All terminations shall be conducted in

consultation with the Human Resources Department.

All disciplinary action will be removed from the employee’s file after a period of two

(2) years provided that there are no additional disciplinary actions within the two (2) year

period. If there has been disciplinary action within the two (2) year period, the disciplinary

action will remain in the employees file for a period of three (3) years.

XV. GRIEVANCE PROCEDURE

The Legislative Branch recognizes the employee’s right to grieve any matter that the

employee feels he/she has been wrongly accused, or has reason to believe that this policy has

been wrongly misapplied or misinterpreted.

Definitions

Grievance – a written allegation by an employee that there has been a

violation, misapplication, or misinterpretation of this policy.

Grievant – a non-probationary employee who alleges that there has been a

violation, misapplication, or misinterpretation of a specific term of this policy.

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Immediate Supervisor – the supervisor or management person to whom the

employee is accountable.

General Provisions

The grievant has the right to be accompanied at all levels of this grievance

procedure.

Time limits at each level may only be extended by mutual consent of the

parties.

The purpose of this procedure is to resolve grievance quickly, therefore,

extensions should be sought only for good cause.

No reprisals shall be taken against any employee for the filing and processing

of any grievance.

Grievances settled before arbitration shall be binding only to that particular

grievance, and shall not be precedent setting.

A grievant may withdraw a grievance at any time, but no subsequent

grievance may be filed later for the same incident.

If the supervisor fails to respond within the times allotted, the grievance may

be appealed to the next higher level of the grievance procedure. If the grievant fails

to respond in the times allotted, the grievance shall be considered settled on the basis

of the employer’s last answer and shall not be subject to further review.

file.

Grievance records shall be filed separately from the employee’s personnel

By mutual consent of both parties, the grievance may enter the grievance

process at an elevated level of the review.

10.

An arbitrator shall be selected from a pool of arbitrators.

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11.

For purposes of this procedure, the progressive levels of authority shall be the

Immediate Supervisor, the Legislative Leader in consultation with the Human

Resources Director, Tribal Council, and finally the arbitrators.

Grievance Levels

Level I Informal Review.

Before a formal written grievance is filed, the employee must attempt to resolve the

problem through an informal conference with the employee’s Immediate Supervisor

no later than seven (7) days after the event giving rise to the problem. The supervisor

shall provide an answer no later than seven (7) days after the Level I meeting.

Level II Formal Review.

If resolution of the grievance has not been achieved at Level I, the grievant may file a

Level II grievance with the supervising authority two levels up within 7 days after

receipt of response for the employee’s Immediate Supervisor. The grievance shall

state clearly and concisely on a form provided by the Legislative Office:

a. the specific term of the policy that is alleged to have been violated;

b. the facts of the grievance for a better understanding of the circumstances

that led to the alleged infraction:

i. names of people involved, or witnesses;

ii. date and time of alleged infraction; and

iii. place the alleged infraction took place;

c. remedy sought; and

d. the date of submission of the grievance.

Provided the grievance is complete, the supervisor shall hold a meeting with the

grievant at a mutually acceptable time and location within seven (7) days of receipt of

the grievance. The appropriate supervisor shall respond in writing to the grievant

within seven (7) days of the Level II meeting.

Level III Formal Review II

If the grievance is not settled at the Level II, the grievant may file a Level III with the

supervising authority three levels removed from the grievant. A written explanation

of the unsatisfactory response from the Level II must be submitted with the

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accompanying grievance file. The Level III authority shall schedule a meeting at a

time and location that is mutually consented to by both parties. The supervising

authority shall respond in writing to the grievant within seven (7) days of the Level

III meeting.

Level IV Arbitration

If after the Level III meeting, the grievance is not settled, the grievant may file a

request for arbitration with the Legislative Office. The grievant shall include in the

grievance file the responses from the Level II and Level III meetings and the reasons

the grievant is not satisfied with responses. The Arbitration shall be scheduled within

thirty (30) days of the receipt of the response from the Level III meeting. The

arbitrator will be selected by allowing the grievant the first strike of three arbitrators

and the employer the second strike. The remaining arbitrator will preside over this

grievance proceeding. The cost of the arbitrator will be borne equally by the parties;

the cost of the witnesses will be the responsibility of the party on whose behalf they

testify. The arbitrator shall respond in writing within thirty (30) days of the Level IV

meeting. The decision of the arbitrator is final and binding upon the parties.

a. Limits of the Arbitrators. The arbitrator shall have jurisdiction and

authority to interpret the provisions of this policy. The arbitrator shall not

amend, delete, or modify any of the provisions of terms or of this policy.

SECTION XVI.

OTHER WORK-RELATED ITEMS

Visitors in the Workplace. It is the responsibility of the staff to assist in maintaining

safety standards, protecting against theft, ensuring security of equipment, and protecting

confidential information. Visits by individuals that are personal in nature shall be kept to a

minimum.

Visitors are allowed at the Legislative Office but restricted to the areas in the

office and/or building where the safety and security of employees, facilities,

member/client files or other confidential records are protected.

Employees have the responsibility to ensure that confidential information

contained within their office is out of view of any visitors.

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Visitors to the office should be asked to sign the office guest book and be

seated in an established waiting area until the party they wish to meet with is located.

If an individual is observed on LTBB premises whose business cannot be

ascertained by an employee's inquiries, employees should immediately notify their

Immediate Supervisor, and if necessary, the Tribal Police.

Reporting and Whistleblower Protection. A website is established to allow for

anonymous reporting of financial matters for the Tribal government and its enterprises, the

can be found at https://secure.ethicspoint.com/domain/en/default_reporter.asp. Employees

are encouraged to report any of the following violations related to enterprise activities and

financial matters:

Account, Auditing and Financial Controls: Concerns regarding questionable

practices relating to accounting, auditing or internal financial controls.

Accurate Books and Records: The unethical systematic recording and analysis

of the business and financial transactions associated with generally accepted

accounting practices.

Misappropriation: Misappropriation refers to the unauthorized or improper use

of Little Traverse Bay Bands or any of it enterprises, intellectual property rights,

including patents, trademarks, copyrights and trade secrets.

Improper Supplier or Contractor Activity: Supplier or contractor activity in

violation of Tribal policies and procedures; improper supplier or contractor selection

based on personal gain, improper negotiation or diversion of contract awards.

Embezzlement: To appropriate (as property entrusted to one’s care)

fraudulently to one’s own use.

Theft: The act of stealing; specifically: the taking and removing of personal

property with intent to deprive the rightful owner of it.

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Misuse of Assets or Services: Use of Tribal resources or equipment without

permission for non-business reasons.

No employee shall be terminated, demoted, penalized or disciplined in any way as a

direct result of the employee ‘s reporting of activity, over which the employee has actual

knowledge and which the employee reasonably believes to be in violation of any applicable

law, to a supervisor, tribal law enforcement official, or the Tribal Council. Any employee

who is subject to retaliatory action based on good faith and reasonable shall have standing to

bring a cause of action in Tribal Court for damages.

Personal Protection Order (PPO)

For the purposes of this policy a Personal Protection Order (PPO) is a court

issued injunctive order that helps protect victims of Family Violence, Dating

Violence, or Stalking. A PPO is filed by a Petitioner against a Respondent to stop or

restrain from:

Contacting the Petitioner through any means (in person, by phone, by

mail or e-mail, etc.);

Entering the Petitioner's residence property or work place;

Assaulting, attacking, beating, or wounding the Petitioner;

Harassing, stalking, or threatening the Petitioner; or

Purchasing or possessing a firearm

When an Employee is the petitioner for a PPO and obtains a personal

protection order (PPO) against another employee (Respondent), the Respondent shall

be placed on a leave of absence for up to 30 days. If the leave of absence is longer

than 30 days, and it creates an undue hardship on the Legislative Branch operations,

the Respondent employee may be terminated. A request for extension of the leave of

absence shall be in writing, must state specific reasons supporting the request and be

submitted to their Immediate Supervisor and the Human Resources Department.

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Any termination of employment arising from this policy is final and shall not

be grieved by a Team Member Review Board, as provided by the Team Member

Handbook.

Security Inspections. LTBB wishes to maintain a work environment that is free of

illegal drugs, alcohol, firearms, explosives, or other improper materials. LTBB prohibits the

possession, transfer, sale, or use of such materials on its premises. Desks, lockers, and other

storage devices may be provided for the conveniences of the employees but remain the sole

property of the LTBB. LTBB reserves the right to inspect such property for just cause. LTBB

also reserves the right to demand the return of issued equipment or property at any time.

Complaints Against Employees by Non-Employees. The Tribe recognizes the need

for proper resolution of complaints made against Tribal employees by non-employees. It is

the responsibility of all employees who hear or receive a complaint to inform the

complaining party of the proper procedure for resolution of such complaints. Complaint

forms may be picked up and returned to the Human Resources Department.

Lost, Damaged or Stolen Cellular Equipment. If cellular equipment is lost or

stolen the Legislative Office shall be notified immediately. The individual shall submit

such necessary documents such as police reports, lost item reports, etc. to the

Legislative Office. Cellular equipment is insured and the individual will be allowed a

replacement of one (1) cellular piece of equipment every four years for lost or broken

equipment. If there is future lost cellular equipment beyond the first replacement, then the

employee or Tribal Council member will be responsible for all costs associated with

replacing the cellular equipment.

Return of Equipment. Employees are responsible for all LTBB property,

materials, or written information issued to them or in their possession or control.

Employees must return all Tribal property immediately upon request or upon termination of

employment. Where permitted by applicable laws, LTBB may withhold from the

employee's final paycheck the cost of any items damaged or not returned.

Responding to Employment Reference Checks

1. For reference requests sent to the LTBB Legislative Branch from other

organizations, the Human Resources Department will respond, in writing only, to

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those reference check inquiries that are submitted in writing. Any reference about

a former LTBB employee’s work efforts will be reviewed by the Human

Resources Department, Immediate Supervisor before it will be released and will

be released only after receiving a written authorization, signed by the individual

who is the subject of the inquiry.

2. Responses to such inquiries will confirm only dates of employment and

position(s) held. No employment data will be released without a written

authorization signed by the individual who is the subject of the inquiry.

APPLICABLE LAW.

Tribal law and applicable federal law apply to the terms and conditions of employment with

the Tribe and any Tribal entity and likewise shall govern all petitions for judicial review of

final employment decisions.

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Little Traverse Bay Bands of Odawa Indians

Human Resources Department

7500 Odawa Circle, Harbor Springs, MI 49740

Tele: (231) 242-1555 Fax: (231) 242-1565

EMPLOYEE ACKNOWLEDGEMENT FORM

The employee handbook describes important information about LTBB, and I understand that

I should consult the Immediate Supervisor or the Human Resources Department regarding

any questions not answered in the handbook.

Since the information, policies, and benefits described here are necessarily subject to change,

I acknowledge that revisions to the handbook may occur. All such changes will be

communicated through official notices, and I understand that revised information may

supersede, modify, or eliminate existing policies in this handbook.

Furthermore, I have read the handbook, and I understand that it is my responsibility to read

and comply with the policies contained in this handbook and any revisions made to it.

____________________________________________________

Employee Signature

____________________________________________________

(Print) Employee Name

____________________________________________________

Date

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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.