LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

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WAGANAKISING ODAWAK

LEGISLATIVE BRANCH PERSONNEL POLICIES HANDBOOK

EFFECTIVE: OCTOBER 27, 222

Legislative Branch Personnel Policies Handbook Approved October 27, 2022

LTBB LEGISLATIVE HANDBOOK TABLE OF CONTENTS

PREAMBLE

_______________________________________________________________________________

I. INTRODUCTION

MISSION

SOVEREIGN IMMUNITY

II. EMPLOYMENT AND HIRING

INDIAN PREFERENCE

JOB DESCRIPTIONS AND POSTINGS

NEW POSITIONS VERSUS PROMOTION

REVIEW OF APPLICATIONS

REVIEW OF QUALIFICATIONS

INTERVIEWS

TEMPORARY STAFF

INTERNS

EMPLOYING MINORS

COMMUNITY SERVICE WORKERS

III. BACKGROUND CHECKS

IV. SALARY AND WAGE

V. CONDITIONS OF EMPLOYMENT

PROBATIONARY PERIOD

CONTRACTUAL EMPLOYEES

INDEPENDENT CONTRACTORS

FAMILY MEMBERS

INTERIM POSITIONS

TRANSFERS

RESIGNATION

TERMINATION

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ACCESS TO PERSONNEL RECORDS

REPORTING PERSONAL DATA CHANGES

VI. EMPLOYEE BENEFITS AND COMPENSATION PROGRAM

HEALTH INSURANCE

LIFE INSURANCE

SHORT TERM AND LONG-TERM DISABILITY INSURANCE

SUPPLEMENTAL LIFE INSURANCE

SUPPLEMENTAL MEDICAL INSURANCE

WORKER’S COMPENSATION INSURANCE

UNEMPLOYMENT INSURANCE

COBRA RIGHTS

401(K) RETIREMENT PLAN

LEAVES OF ABSENCE

PAID TIME OFF (PTO)

BEREAVEMENT LEAVE

EDUCATIONAL AND WELLNESS LEAVE

JURY DUTY LEAVE

FAIR EMPLOYMENT LEAVE

DOMESTIC VIOLENCE LEAVE

MILITARY LEAVE

PARENTAL LEAVE

HOLIDAYS

ANISHINAABE CULTURAL LEAVE

LEAVE PENDING INVESTIGATION

UNPAID PERSONAL LEAVE

WORK RELEASE

VII. WAGES AND HOURS

LIVING WAGE

COST OF LIVING INCREASES

COMPENSATORY PAID TIME OFF (CPTO)

OVERTIME

TIMEKEEPING

WORK SCHEDULES

ATTENDANCE

PAY DEDUCTIONS

PAYDAYS

PAY CORRECTIONS

ADJUSTED WORK WEEK

EMERGENCY CLOSINGS

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VIII. EMPLOYEE DEVELOPMENT AND ENHANCEMENT

PERFORMANCE EVALUATIONS

TRAINING AND ENHANCEMENT

IX. EMPLOYEE HEALTH AND WELFARE

IMPAIRMENT PROHIBITION

PRESCRIPTION MEDICATIONS

MEDICAL MARIJUANA

DRUG FREE WORKPLACE

TREATMENT IN LIEU OF TERMINATION

POST-ACCIDENT TESTING

X. EMPLOYEE CONDUCT AND WORK PROVISIONS

EMPLOYEE RELATIONS

PROFESSIONAL CONDUCT

DRESS CODE

SAFETY

IDENTIFICATION BADGES

CONFLICT OF INTEREST

HARASSMENT

SEXUAL HARASSMENT

XI. LTBB PROPERTY AND SYSTEMS

CELL PHONE USAGE

USE OF VEHICLES AND MOBILE DEVICES

UNINSURABLE DRIVERS

TELEWORKING

XII. OTHER WORK-RELATED ITEMS

VISITORS IN THE WORKPLACE

PERSONAL PROTECTION ORDERS

SECURITY INSPECTIONS

COMPLAINTS AGAINST EMPLOYEES BY NON-EMPLOYEES

LOST, DAMAGES, OR STOLEN EQUIPMENT

RETURN OF EQUIPMENT

RESPONDING TO EMPLOYMENT REFERENCE CHECKS

ETHICSPOINT

REPORTING FINANCIAL MISCONDUCT

UNIONS

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XIII. DISCIPLINE FOR MISCONDUCT

XIV. PROGRESSIVE DISCIPLINE

VERBAL WARNING

WRITTEN WARNING

SUSPENSION

TERMINATION

DISPUTE RESOLUTION

XV. TERMINATION OR REDUCTION IN PAY GRIEVANCE PROCEDURE

XVI. DEFINITIONS

XVII. APPLICABLE LAW

XVIII. LTBB CONSTITUTION AND SOVEREIGN IMMUNITY

EMPLOYEE ACKNOWLEDGEMENT FORM

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PREAMBLE

The Little Traverse Bay Bands of Odawa Indians Constitutionally Mandated Rules of

Conduct for All Levels of Tribal Government states that all officials and employees of the

Tribal government are Public Servants and public service is public trust. Each official and

employee has a responsibility to the Tribe and its Tribal Citizens to place loyalty to the

Constitution, laws and ethical principles above private gain. To ensure that every Tribal

Citizen can have complete confidence in the integrity of the Tribal Government, each official

and employee shall respect and adhere to the principles of ethical conduct set forth in these

Rules as enacted by Waganakising Odawak Statute 2018-018 Ethics for All Levels of Tribal

Government.

SECTION I. INTRODUCTION

Introductory Statement

The Little Traverse Bay Bands of Odawa Indians Tribal Government is pleased to

have you on board as an employee. One of our objectives is to provide a work

environment that is conducive to both personal and professional growth.

Our

commitment to the highest standard helps us hire great people like you.

This handbook has been designed to provide you, a Tribal Government 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 Tribal Government to benefit its employees.

The Tribal Government reserves the 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 provided a copy of such changes to the handbook as

they occur. As a sovereign nation, LTBB retains its inherent authority to change this

policy at any time.

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Employees will receive an EMPLOYEE ACKNOWLEDGEMENT FORM to sign at

every point of change to the handbook.

Policies contained within this handbook are not intended to create an employment

contract.

Mission

The mission of the LTBB Tribal Government is to ensure quality leadership by exhibiting integrity

and fairness in order to provide excellent programs and services while maintaining the unique cultural

heritage of individuals in the Tribal community.

Jurisdiction and Sovereign Immunity

LTBB is a sovereign Indian nation. LTBB laws shall apply to all employment matters. 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 stated otherwise. By accepting employment, you consent to the

jurisdiction of the LTBB and its laws.

SECTION II. EMPLOYMENT HIRING

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

that Citizens of the Tribe and other Federally Recognized Tribal Citizens be given priorities for

employment, promotion, training 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:

Citizens of the Little Traverse Bay Bands of Odawa Indians

Other federally recognized citizens of North American Indians Tribes (FRNAI)

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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.

Qualified. WOS 2002-004 Indian Preference in Tribal Employment states that a

qualified applicant means a person who meets minimum qualifications, experience,

background, abilities or education.

Promotion.

a. Any person who has been convicted of a crime of domestic violence in any

competent jurisdiction shall not be hired or promoted to a position of manager or

supervisor, or a position that has managerial or supervisory duties over another

person within the Tribal government within seven (7) years of such conviction.

b. Any person, if known, who has been held responsible for sexual harassment by

either a formal proceeding which may include an agency hearing, mediation or

arbitration, or in a court of competent jurisdiction shall be not be hired or

promoted to a position of manager or supervisor, or a position that has

managerial or supervisory duties over another person within Tribal government,

within seven (7) years of such finding.

c. If an LTBB Citizen holds a position where job duties, pay level and

qualifications increase, the new job is essentially an expansion of their current

job, and they meet the expanded qualifications, the Citizen may be promoted

without posting. (added same language as in Section

In accordance with Waganakising Odawak Statute 2008-011 Fair Employment LTBB ensures

that Citizens of the Tribe and other Federally Recognized Tribal Citizens be given priority for

retention of employment over non-Citizens of the Tribe.

Job Descriptions Job descriptions will be developed by the Department Director/Immediate

Supervisor and Human Resources Department and will include a wage range in accordance with the

approved wage scale. Classifications. Positions will be classified as exempt (salary) or non-exempt

(hourly) based on job duties and applicable Tribal and Federal law.

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Open positions. All new and vacant positions shall include the necessary

qualifications of the job with a clear description of experience, background, abilities,

skills, or education that is needed in order to be successful in the position. The

Department Director/Immediate Supervisor and Human Resources Department will

determine, based on the job description, and the pay range, the position level and the

exempt status.

Background checks. The job description will identify what applicable background

checks will be conducted by the Human Resources Department, i.e., personal,

employment, driving (as applicable), education, criminal, credit history (as

applicable), and/or employment references. Human Resources Department will set

the standards that will be used to adjudicate the background checks.

Job Applications.

A job application form shall not request unnecessary background

information nor shall it ask for non-applicable information such as arrest records, expunged records,

sealed court documents or dismissed court cases.

Posting requirements.

The Human Resources Department shall post new and vacant

positions in accordance with applicable law on the LTBB website, and forward it to all LTBB

Departments, LTBB Enterprises, and other media as appropriate.

Posting a new open position or vacancy.

The Department Director/Immediate

Supervisor will initiate the hiring process by completing the Human Resources

Department Staffing Requisition form and obtaining all the required signatures and

complete funding numbers.

Posting New Position Versus Promotion.

a. If a position changes from part-time to full-time, the position shall be posted

unless already filled by an LTBB Citizen in which case the Citizen may be

promoted to full-time status.

b. If an LTBB Citizen holds a position where job duties, pay level and

qualifications increase, the new job is essentially an expansion of their current

job, and they meet the expanded qualifications, the Citizen may be promoted

without posting.

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c. When job duties and qualifications significantly expand, especially when

accompanied by a significant pay increase, a new position should be posted and

Indian preference shall be applied. However, there is no need to post a new

position for every change in duties and qualifications if the core job functions

remain, especially if pay remains in the same wage range.

LTBB Citizen applicants. The Department Director/Immediate Supervisor, in consultation

with the Human Resources Department, shall review all of the LTBB Citizen applications, cover

letters and resumes, first and decide on whether or not an applicant meets the minimum qualification

for the position.

If any of the LTBB Citizen applicants are determined qualified for the position, then

an interview shall be set up by the Human Resources Department and the applicant

shall be interviewed. If the position is offered to an LTBB Citizen applicant, and the

offer is accepted, then no other applicants will be considered.

FRNAI Applicants. If none of the LTBB Citizen applicants are determined to meet the

minimum qualifications for the position, the Department Director/Immediate Supervisor in

consultation with the Human Resources Department shall review all FRNAI applications, cover

letters and resumes.

If any of the FRNAI applicants are determined to meet the minimum qualification for

the position, then an interview will be set up by the Human Resources Department

and the applicant shall be interviewed. If the position is offered to the FRNAI

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

Other Applicants. After prudent consideration for reposting the position, or after the position

has been reposted, and it is determined that no Tribal applicants meet the minimum qualifications, the

Immediate Supervisor may receive and review all other applicants who meet the minimum

qualifications.

Interview Process. Immediate family shall not be involved in the interview or selection

process for the applicant. “Immediate Family” shall mean spouse, child, step-child, child-in-law,

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

The Department Director/ Immediate Supervisor and the Human Resources

Department shall review all applications and the Human Resources Department shall

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contact qualified applicants and set up interviews. The Human Resources Department

will notify applicants of any skills testing or supplemental materials needed at that

time.

Interview panels will have no less than two (2) interviewers, including a

representative from the Human Resources Department.

A set of the same interview questions will be asked of each candidate during the

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

questions for clarification.

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

possesses the minimum qualification(s) of skills and experience and/or education

needed for a particular position. as set forth in the job description.

Second Interview. The Department Director/Immediate Supervisor may request a

second interview of candidates to ask related follow up questions or questions for

clarifications including information contained in a mandatory pre-employment offer

background check.

Temporary Staff. Departments requesting temporary staff will submit an approved Staffing

Requisition to the Human Resources Department. The Human Resources Department will present a

list of available temps to the requester. The Human Resources Department will determine the

minimum wage range for the “temporary pool” employees.

Interns. The Internship Program is maintained by the Human Resources Department and may

assist to recruit, monitor, and assist individuals who are interested in on-site work experience within

the Tribe. Internships require the approval of the Department Director/Immediate Supervisor and the

Human Resources Director.

1. To provide Tribal Members/Students with onsite work experience directly related to

career/educational goals and/or field(s) of interest, emphasizing cultural values and

professional development.

a. Internship: An on-site work experience directly related to career goals and/or field of

interest. Supervised/Mentored emphasizing learning and professional development.

Evaluative system for feedback and communication. Internships can be paid, unpaid,

for credit, not-for-credit.

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b. Culturally Proficient: The knowledge, skills, and attitudes/beliefs that enable a person

to work well with, respond effectively to, and be supportive of the Odawa Citizen

Community.

c. Learning Agreement: Objectives to be accomplished during the internship.

d. Direct Supervisor/Mentor: This employee responsible to facilitate the intern’s

Learning Agreement Objectives by providing guidance in the development of the

position’s cultural values. Progress documentation will be noted and an evaluation of

the intern will be created at the end of the internship.

Employing Minors

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

permit to ensure education is prioritized over work. 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. A minor may not work more than six days in a week.

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

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

d. A minor age 16 or older shall not work before 6:00 a.m. or after 10:30 p.m.,

Sunday through Thursday.

e. 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.

f. 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 16-year-olds

and older from the restrictions as set forth will require an approval by the United

States Department of Labor, Wage and Hour Division. There are some positions that

minors may not be hired based on the work duties.

A work permit is not required for a 17-year old minor who has passed the general

education development (GED) test and provided copy of certification to the

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employer. Certification is now issued by the MDE (Michigan Department of

Education).

Utilizing Community Service Workers

The Department Director/Immediate Supervisor will coordinate with the Human

Resources Department and the LTBB Tribal Court when requesting community

service workers for their department.

The LTBB Court will provide the Tribal Government 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.

LTBB will also accept community service workers from other courts, as long as all

provisions in this section are followed.

The Department Director/Immediate Supervisor, or designee, will be responsible for

direct supervision of the worker and will ensure that the worker is actually engaged

in productive community service work.

The worker shall be provided with safety protection and equipment commensurate

with the type of work being performed.

SECTION III.

BACKGROUND CHECK

The Human Resources Department (HR) will conduct background checks on all new

employees, including personal, employment, driving (if applicable), education, criminal, credit

history (if applicable) and/or past employment references.

Applicants or Employees that falsified information, provided invalid information or have

questionable or concerning information found in the background check may be denied employment or

terminated within 90 days of the discovery of a discrepancy. (Not applicable to sealed court

documents, dismissed court cases or expunged records.)

In accordance with Public Law 101-630, 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

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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.

LTBB reserves the right to perform post-hire background checks as needed or in accordance

with statutory requirements.

SECTION IV.

SALARY AND WAGE

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, quantity or quality of production, or any

other non-discriminatory factor. Starting wages will be within the approved wage range on the current

LTBB wage scale as presented by the Executive and approved by Tribal Council. The Department

Director/Immediate Supervisor in consultation with the Human Resources Department will determine

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

contract.

SECTION V.

CONDITIONS OF EMPLOYMENT

Probationary Period.

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

the probationary period, which is the first 90 calendar days after their date of hire. If

the 90th day is on a weekend or holiday that the employee does not work, then the

next business day that the Tribal Offices are open shall be the 90th day.

The Immediate Supervisor/Department Director may terminate, with Human

Resources Department consultation, an employee with or without cause 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.

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

absence of one (1) week or more.

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Contractual Employees. Contractual employees are regular employees who have terms of

employment outlined in a contract. Contractual employees will also follow all applicable provisions

of the employee handbook.

Independent Contractors. Independent Contractors are not considered employees of LTBB,

and may not hold the position of Department Director or Immediate Supervisor for employees or

contractual employees of the Tribal government.

Family Members. Immediate family members of persons currently employed by the Tribal

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

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

“Immediate Family” shall mean spouse, child, step-child, child-in-law, parent, step-parent,

parent-in-law, sibling, step-sibling, sibling-in-law, grandparent, grandchild, step-grandparent, stepgrandchild and any person living in the same household. Outside Employment

No Tribal Government employee may work for any other LTBB owned entity that

would potentially incur unauthorized overtime through dual employment.

The Department Director/Immediate Supervisor may determine that the dual

employment or outside work conflicts with the employee’s performance and their

ability to meet the requirements of the job or that the employee’s dual employment

causes unauthorized overtime.

If it is determined to present a conflict or otherwise interfere with the employee’s job

performance, the Department Director/Immediate Supervisor may require the

employee terminate the dual or outside employment if the employee wishes to remain

in their present position with the Tribal government.

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 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. The employee serving in the Interim position will be paid according

to that interim position’s pay scale.

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Transfers

Current Employees applying for an open position within the Tribal Government,

shall submit an updated application to the Human Resources Department.

Any employee may transfer without loss of benefits (e.g., PTO, Years of service)

provided their new position has the same benefitted status as their current position.

Any leaves or alternate work schedules within the transferred position will need to be

approved by the employee’s new Immediate Supervisor.

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

be paid at a rate within the wage range for the lower classification.

The Tribal Government requests at least two (2) weeks written notice of transfer from

all employees. Transferring employees will be subject to a 90-day performance

probationary period. Transferring employees may use PTO and Health & Wellness

Leave with updated approval from their new Department Director/Immediate

Supervisor during their performance probationary period.

Resignation

The Tribal Government 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), portability and conversion of other insurances, repayment of

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

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

A copy of Human Resources Department’s Exit Interview Policy will be available

upon request. The policy will contain all provisions available as discussed during the

Exit interview.

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

contains questions that would be helpful in evaluating the workplace environment.

The completed questionnaire will be copied to the Department Director/Immediate

Supervisor at the discretion of the Human Resources Director

If the exit interview questionnaire reports reveal that the Immediate Supervisor is

who the complaint is referring to, the report will be forwarded the next supervisory

level up it won’t be forwarded to that particular supervisor who the complaint is

referring to. This includes if the complaint is about the Human Resources Director as

an Immediate Supervisor.

If a complaint regards criminal behavior, sexual harassment, incidents of

discrimination or other legal issues, the Human Resources Director has an obligation

to take investigative action or report to Law Enforcement. All complaints will be

investigated promptly.

Confidentiality will be protected to the extent reasonably possible. What if the super

If the terminated employee declines an exit interview, standard employment

termination process will continue and the Human Resources Department will note the

date and time of the offer in the terminated employee’s file.

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

scheduled governmental payroll run, Repayment of outstanding debts to LTBB will

be deducted from employee’s final paycheck. New Hire Probationary Period

employees are not eligible for PTO payouts at termination. 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.

LTBB may employ legal means to recover equipment and LTBB property that is not

returned when an employee leaves employment.

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 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.

Supervisory personnel may review their staff files as needed, in accordance with

Human Resources policy. 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

Human Resources ‘Personnel File Request’ form. Employees may review or obtain a

copy of their own personnel file. Personnel files may be reviewed in the Human

Resources Department with HR staff present. Personnel files may not be removed

from the Human Resources Department, but a copy may be made with proper

authorization.

Employees or former employees shall complete a personnel file review request form

and may obtain a copy of their own personnel file without cost.

If an 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.

SECTION VI.

EMPLOYEE BENEFITS & COMPENSATION PROGRAM

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. A Benefits Grid is utilized to

determine the benefits that each employee receives based on their employment status (i.e. Full time,

part-time, seasonal, temporary, interns).

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Health Insurance – Medical, Dental, Vision

a. 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.

b. 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).

c. Continuation Riders for “overage dependents” (obtaining the age of 26) 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/Benefits Coordinator.

Life Insurance. LTBB provides a Basic Term 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.

a. Employees may enroll in a basic term life plan without medical underwriting

during the first three months of employment.

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 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.

a. Employees may enroll in supplemental life plan without medical underwriting

during the first three months of employment.

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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 by law a comprehensive

workers' compensation insurance program that provides employees of the Tribe and

its sub-entities employment benefits 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.

a. An employee shall report any injury, verbally or in writing, no matter how

slight, to their supervisor within 96-hours after the injury has occurred.

No benefit will be paid to the employee, if the employee does not report

the injury within 96 hours to their supervisor. If the injury incapacitates

the employee, the time periods shall not begin to run until the incapacity

ends. An injury may be reported by another on behalf of the employee.

b. A supervisor receiving a report or notice of an injury from the employee

shall promptly report the claim to the Plan Administrator in writing within

72 hours of receipt of the report or notice of injury, or as soon as possible

thereafter.

c. The Human Resources Department shall provide Additional Terms and

Conditions.

Unemployment Benefits. LTBB choses to utilize 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. The Human Resources

Department provides each eligible employee with a written notice describing rights

granted under COBRA via a third-party company 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.

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401(k) Plan. LTBB has established a voluntary 401(k) retirement 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 LTBB 401(k) Plan

subject to the terms and conditions of the Summary Plan Provisions Document.

a. To be eligible to enroll in the LTBB 401(k) Retirement Savings Plan, employees

must complete three (3) months of service. The entry date will be the first day of

the month following the date the employee satisfies the eligibility requirements.

Contribution changes may be made anytime. Participants are provided with a

complete Summary Plan Provision Document upon entry into the plan.

b. The 401(k) Retirement 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.

c. Three Year Graded Vesting on Employer Matching Contributions

Years of Credited Service

Less than 1 ………………

1 ………………

2 ………………

3 or more ……..

Vested Percentage

50%

80%

100%

Leaves of Absence

Paid Time Off. Paid Time Off (PTO) is available to eligible employees who have

successfully completed the probationary period for periods of temporary absences.

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 the Tribal Government

(Executive, Legislative, or Judicial Branches, or the Prosecutor’s Office) as a regular

full-time or regular part-time employee, or employment with the Tribally-owned

enterprises (e.g.: Odawa Casino & Resort). When an employee accepts a position

within the Tribal government, their PTO accrual rate will reflect the years of service

that they had with one of the aforementioned entities, provided that the years of

service were continuous and the employee had left their position with one of the

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Tribally-owned entities to take a position with the Tribal government. 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.

The date that the employee officially started working for the Tribal government will

be the employee’s official hire date with the Tribal government, for purposes of

annual compensation and employee performance review.

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

increase with the length of their employment as shown in the PTO Accrual Rate

table (below) and shall be paid at the employee’s base pay rate at the time leave

is taken.

b. PTO shall be accrued and capped in accordance with the PTO Accrual Rate

Table. PTO will be accrued for all hours paid up to 40-hours per week. Exempt

employees’ PTO will be calculated on a 40-hour workweek.

PTO will be

accrued on a weekly basis throughout the year.

c. A maximum of 160-hours of accrued PTO may be carried over from one

calendar year to next. Any unused PTO over 160-hours on December 31st will be

lost. Earned PTO will be paid to eligible employees upon leaving the

employment of LTBB on the next payroll run following the termination of

employment.

ACCRUAL RATE TABLE

Years of Service

Hour

Hours / Days / Weekly Rate

Cap

0-1

144.04 hours / 18 days/ 2.77

144.04

1-3

184.08 hours / 23 days/ 3.54

184.08

3-5

224.12 hours / 28 days/ 4.31

224.12

5-9

264.12 hours / 33 days/ 5.08

264.16

9-15

304.20 hours / 38 days/ 5.85

304.20

15+

344.24 hours / 43 days/ 6.62

344.24

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d. The Tribe recognizes years of service for LTBB employees - If an employee is

laid off and returns to work within one year, PTO accrual will resume at the rate

the employee was earning as of the lay-off date. An employee, who resigns or is

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

e. Military Service. Employees with prior military service will be credited year-foryear, up to five (5) years of military service as time worked for the Tribe, for

purposes of determining PTO Accrual Rates.

f. Scheduling and Use of PTO - Scheduling is on a first-come, first-serve 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 Tribal

government 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 for denial.

g. PTO shall be used in increments no less than one quarter (1/4) hour. All requests

for PTO time shall be submitted via the approved timekeeping system.

h. Employees should request approval from their Immediate Supervisor with as

much advance notice as possible if intending to use more than eight (8) hours of

PTO.

i. If an employee is denied PTO and does not show up for work during the

timeframe for which PTO had been denied, the employee 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.

j. In the event of an emergency closure, any scheduled and approved PTO or any

other type of approved leave will still be utilized as intended. Office Closure

hours are intended for those who are scheduled to work. Examples:

i. If an employee has scheduled PTO or any other type of scheduled leave for a

day that LTBB buildings are closed due to an emergency, then that employee

will still utilize their scheduled PTO or other type of scheduled leave for that

day.

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ii. If an employee intends to come to work on a day that offices are closed, then

they will utilize Office Closure for that day.

k. All PTO used shall be reported on the approved timekeeping system.

l. Upon termination of employment, employees who have completed their

Probationary Period will be paid for unused PTO that has been earned through

the last day of work.

m. 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.

n. Employees out sick for five (5) or more days are required to get a Doctor’s note

to return to work and to apply for Fair Employment Leave through the Benefits

Coordinator. o. Emergency PTO Accounts – The emergency PTO accounts are

established by LTBB to assist employees with serious health conditions as

defined by Fair Employment Leave (FEL) and Domestic Leave. To utilize this

program, the employee must have current certification on file with Human

Resources.

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

emergency PTO that is donated.

ii. 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 LTBB Fair

Employment Statute.

iii. Emergency PTO Accounts have a maximum total approval for any employee

of 20-work days (160-hours) in any 12-month period. This 12-month period

is calculated beginning with the first day that an approved Emergency PTO

hour is used. The Human Resources Benefits Coordinator will track usage

and verify eligibility. Emergency PTO hours can only be used when no other

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form of leave is available to the employee (short term disability, long term

disability, or employees own PTO).

iv. An employee who is receiving payment on an approved emergency PTO

account will not be eligible to accrue PTO during this time.

v. 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.

p. Bereavement Leave. Employees who wish to take time off due to the passing of

an immediate family member should notify their supervisor immediately and

employee may take up to 10-business days of paid bereavement leave. 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-inlaw, grandparent, grandchild, domestic partner, or foster-child, aunt or uncle,

nieces and nephews, and any person living in the same household)

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

available PTO for additional time off.

Educational and Wellness Leave. Full-time employees, after completing their

probationary period may attend classes and/or fitness time up to four (4) hours per

week during work hours. A maximum of four (4) hours per week of either or a

combination of Educational and Wellness Leave is available to all full-time

employees. In the event that an employee takes Education or Wellness during the

work week, and then also works 40-hours (or has a combination of holiday pay and

time worked equaling 40-hours), Educational and Wellness hours are noncompensable. If an employee is scheduled for Wellness and is on scheduled PTO,

they cannot enter Wellness Leave.

a. Educational Leave. Verification of enrollment is required for educational leave

(i.e. semester curriculum.) and classes need not be job related. Online classes

may be approved, but the employee must designate a recurring weekly time for

online classes Educational Leave.

This benefit is contingent upon their

Immediate Supervisor’s approval. If the employee makes changes or drops from

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scheduled class, it is their responsibility to inform their Immediate Supervisor

and Human Resources. Misuse of Educational Leave is subject to disciplinary

action, up to and including termination.

b. Wellness Leave. Fulltime employees after completing their probationary period

may be approved to take wellness leave to utilize the Tribal Wellness Center

Programs or an approved wellness program by their Immediate Supervisor. A

Wellness Leave Program must consist of a documented regular schedule of

exercise or other approved wellness activity and be re-approved annually. An

approved Wellness Leave Program may be changed or cancelled if it creates a

hardship on the department. The Immediate Supervisor should approve Wellness

Leave based on the needs of the office. The employee must have an approved

Wellness form on file in Human Resources for the current year in order to be

paid for Wellness Leave. Misuse of Wellness Leave is subject to disciplinary

action up to and including termination.

c. 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 the Immediate Supervisor can plan accommodate their absence and

notify Human Resources. The employee is expected to report for work whenever

the court schedule permits, and provide all documentation for reimbursement.

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.

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

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

ii. LTBB employees are subject to the Tribal Court Jury Pool as defined by

Tribal law:

who is at least 18-years of age;

who is not under any legal disability; (include the definition)

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who has not been convicted of a felony in any jurisdiction in the last

ten years or convicted of a crime of domestic violence;

who is a LTBB Citizen or a citizen of another federally recognized

Tribe living within the territorial jurisdiction of LTBB; and

In Special Domestic Violence Criminal Jurisdiction cases, who is a

LTBB citizen or a citizen of another federally recognized tribe living

within the territorial jurisdiction of LTBB, employed by LTBB or

any of its entities, or who lives in tribal housing; and

In Special Domestic Violence Criminal Jurisdiction cases, LTBB

ensures that jury pools represent a fair cross-section of the

community, and include non-Indians that live on trust land, are

employed by LTBB, or any of its entities.

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

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

a. 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;

b. For a serious health condition that makes the employee unable to perform the

occupational functions of the employee’s job;

c. Upon return from FEL an employee may not be discharged or subjected to

adverse employment action for taking such leave.

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

equivalent positions with equivalent pay, benefits, and other employment terms.

e. "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.

f. The definition of "parent", for the purposes of FEL, does not include “in-laws”.

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g. The definition of "child" does not include individuals’ age 18-years of age or

older unless they are incapable of self-care due to a mental or physical disability.

h. The employee and /or Immediate Supervisor/Department Director must contact

Human Resources/Benefits Coordinator to discuss eligibility, obtain appropriate

certification and discuss their leave requirements.

i. Employees must provide a 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 30-day notice, the

employee is nonetheless entitled to FEL.

j. Employees requesting FEL related to the serious health condition of a child,

spouse or parent will be required to submit a Health Care Provider's Statement

verifying the need for a family leave.

k. FEL may not exceed the 12-week limit.

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

of 30-days of FEL for any qualified event.

m. Employees that have more than one (1) year of service and have worked a

minimum of 1250-hours within a 12-month rolling period from the date of

requested FEL will be eligible for a maximum of 12-weeks leave for any

qualified event during a 12-month rolling period. FEL must not exceed 12 weeks

total within the rolling 12-month period.

n. Employees that use approved FEL time will be required to use any accrued PTO

while they are on leave.

o. 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. The

employee is still required to pay the employee contribution on any benefits while

on leave.

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

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

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p. 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.

q. 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 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. Employees

are eligible for this leave on the first day of employment. Domestic Violence Leave

does not count toward FEL. The employee must contact Human Resources/Benefits

Coordinator to obtain the Personal Leave II form and discuss leave requirements.

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 30-days.

a. 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.

b. 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.

c. Advance notice of FEL is required, unless military necessity prevents such notice

or it is otherwise impossible or unreasonable.

d. 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

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off (PTO) and holiday benefits will continue to accrue during a paid military

leave of absence.

e. The portion of any FEL in excess of two (2) weeks will be unpaid. However,

employees may use any available PTO for the absence.

f. 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. Employees are

still required to maintain employee contributions for benefits they wish to retain

while on leave.

g. Employees on FEL, for up to 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.

Parental Leave. 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.

a. 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 12-weeks of Fair Employment Leave time

available to all eligible employees;

b. Non-Birthing Parent Leave. Regular eligible fulltime Non-birthing parent will be

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

child. The time taken will be reduced from the 12-weeks of Fair Employment

Leave time available to all eligible employees.

c. 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. The time taken will be reduced from the 12-weeks of Fair Employment

Leave time available to all eligible employees.

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Holidays.

The Tribal government will grant paid holiday time off to eligible full-time

employees for the following listed Holidays:

• Ngoding Dibikigiizis (First Moon January 1)

• Ogichidaa Mikwendaagwaziwok (Veterans, they are remembered) Day (last

Monday in May)

• U.S. Independence Day (July 4)

• Lewis and Doris Adams Tribal Holiday (first Monday in September)

• Tribal Sovereignty Day celebrating Reaffirmation (September 21)

• Michigan Indian Day (Fourth Friday in September)

• Indigenous Peoples Day (Second Monday in October)

• Ogichidaa (Veterans) Day (November 11)

• MiigwechweGiizhigat (Thanksgiving)

• MiigwechweGiizhigat (Day after Thanksgiving)

• Bigidaangzhedaa Niibaanamaang minwaa Nimkwadaading (to take a break Dec 24Jan 1)

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, or the length of their regularly

scheduled shift for non-exempt employees.

a. 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.

b. 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 also a holiday, then the recognized

holiday will be on next business day (Tuesday).

c. Exempt and non-exempt employees who are required to work by their supervisor

on a recognized holiday will receive their time and a half pay for all hours

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

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d. 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 Leave. A “regular” full-time employee who works an average of 30-

hours per week throughout the year is eligible for up to 32 paid hours off per calendar year to

participate in recognized cultural activities. Employees working more than eight (8) hour shifts, see

below. Anishinaabe Cultural 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. Any additional time desired

would need to be utilized through the Paid Time Off benefit or taken as unpaid leave.

To request leave, employees must have the ‘Anishinaabe Cultural Leave’ form

approved by both their Immediate Supervisor and Department Director. If approved,

leave time shall be submitted via the appropriate timekeeping system.

The Department Director will make the final determination as to whether a proposed

absence will be granted, and will also determine if the absence will be considered,

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, or the Department Director may deny

Anishinaabe Cultural 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 Leave use may

not exceed 32-hours. 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 rest of the

shift in PTO time if they have any available or unpaid leave if it is approved by their

Immediate Supervisor. Anishinaabe Cultural Leave may be taken in (4) hour

increments.

Administrative Leave. 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 administrative leave temporarily during such investigations. The

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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.

Paid Leave. Employees shall receive their full pay and benefits, including accruals of

PTO, and health benefits, and retirement contributions. Due process will be provided

to employees with charges against them and the employee shall have the opportunity

to respond to those charges before any job-related benefits are taken away.

Unpaid Administrative Leave. Unless otherwise defined as “unpaid leave” with in

this handbook, unpaid administrative leave may occur when an employee is under

review for a potential workplace violation or a criminal matter. The employee will

not be terminated until the review is completed. If it is decided that an employee

placed on unpaid administrative leave should retain employment, the Tribal

government must compensate the employee for the unpaid leave time.

a. Unpaid leave shall be for no more than seven (7) days for work place violation

investigation, or two (2) months for felony crimes investigation.

b. Employees on leave for conduct review are not prohibited for filing for

unemployment benefits, but they will not receive a decision on benefits until it is

determined whether the employer intends to lift the leave and compensate them

for any unpaid administrative leave time. If after an investigation ends, and the

employer does not lift the ban, the Tribal government shall terminate the

employee.

Unpaid Personal Leave. Under extreme circumstances, an employee may be granted an

unpaid 30-day personal leave. Leaves are subject to the approval of the Department Director and the

Branch Manager.

Work-Release.

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

Program. The following criteria must be met:

a. The employee’s status can be either full time or part-time.

b. The employee must be employed for more than 90-days.

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

period.

d. The Immediate Supervisor and Department Director must approve the Work

Release request.

Requests must be made to the Human Resources department and appropriate

documentation must be provided before approval is given.

SECTION VII.

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 a LTBB Living Wage.

Annual Cost of Living Increase. The amount of an annual cost of living increase, will be

determined annually by Tribal Council Resolution.

Hourly employee shall not be employed for a workweek longer than 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 40-hours worked in a work week at a rate not less than one and onehalf times the hours worked in excess of 40-hours.

Law Enforcement personnel may work under a "14-day work period". Under

a 14-day work period, a police officer is due overtime pay only if, when and

to the extent actual hours worked exceed 80-hours in the 14-day work period.

All overtime hours must be approved in advance by the Immediate Supervisor. Disciplinary

action may result from an employee working unapproved overtime hours.

Exempt employees shall not receive overtime for hours worked in excess of 40-hours worked

in a work week. Exempt employees are generally executive employees, administrative employees,

learned professional employees, computer employees, creative professional employees, and highly

compensated employees.

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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 approved timekeeping system.

All timesheets for the work week are to be submitted to payroll by noon on the following 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. Any overtime hours require supervisor approval

prior to being worked.

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

required to work a standard workday, as defined by their job assignment, or a work schedule

approved by their Immediate Supervisor. Exempt employees are still required to enter any requested

time off into the timekeeping system.

Work Schedules.

To maintain a safe and productive work environment, LTBB Executive

Branch expects employees to be reliable and to be punctual in reporting for scheduled work.

Office Hours.

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

Supervisor must approve any deviation from the standard work schedule.

Breaks: Rest and Meal Periods.

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a. All employees working five (5) or more hours will be allowed a 60-minute nonpaid lunch period. Immediate Supervisor may schedule meal periods and assign

break areas to accommodate operating requirements.

b. 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. Employees are not permitted to leave the

premises during these 15-minute work breaks.

These breaks cannot be

combined.

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. Every Department

will designate their own call in procedure.

Poor attendance, excessive absenteeism (an average of five (5) or more unplanned

absences in 30-days, or excessive tardiness/leaving early is disruptive and shall lead

to disciplinary action, up to and including termination of employment.

Absences of three (3) consecutive workdays without notifying their Immediate

Supervisor will be considered a voluntary resignation.

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.

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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 (except Law Enforcement who are paid bi-weekly) are paid weekly

on Friday.

The Payroll period is Sunday through Saturday, with paychecks received the

following Friday.

Required timesheets for the work week must be received in the Payroll Department

no later than 12:00 Noon by the following Monday. Times may be adjusted by the

Accounting Department to meet Payroll schedules.

Failure to meet the Payroll 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.

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.

Adjusted Work Week. With the approval of their Immediate Supervisor, employees may

vary their schedule from the standard workday because of the necessities of the job or for personal

reasons. Schedules may only be adjusted within the same work week. Time cannot be transferred

between work weeks.

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Emergency Closing.

At times, emergencies caused by severe weather, fires, or power

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

require the closing of an LTBB work facility. Employees will be notified by electronic means or

phone tree of office closures. Employees are responsible for making sure that their preferred contact

information is on file with IT.

Paid Leave: When operations are officially closed due to emergency conditions or

severe weather, employees, who were scheduled to work, will be paid for the time off

from work. Example, if an employee was scheduled for PTO, and LTBB is closed

that day, the employee would still utilize PTO.

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

travel would be dangerous may use available PTO. 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 VIII.

EMPLOYEE DEVELOPMENT & ENHANCEMENT

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.

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 IX.

EMPLOYEE HEALTH and WELFARE

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Employees are prohibited from reporting to work under the influence of alcohol, drugs, or

other substances that impair their ability to perform their job.

The legal and proper use of prescribed medication is permitted, provided that such

medications do not interfere with the employee’s ability to perform the essential functions of his or

her job safely and productively, and provided that all medical restrictions associated with the

medication are adhered to by the employee. Any employee taking prescribed medication that may

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

and their Immediate Supervisor prior to beginning work.

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 must be presented to the supervisor, and Human Resources Department 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

doing so would pose a hardship on Tribal government operations. Certain positions may have

additional restrictions based on licensing conditions.

Marijuana for medicinal purposes may not be smoked, at any LTBB/Tribally-owned place of

employment or workplace, or in LTBB-owned 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 Federal 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 (5) days of the

conviction.

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

rehabilitation in lieu of termination. This option is at the sole discretion of the Immediate Supervisor

and Department Director. If an employee refuses treatment or has a subsequent violation of this

policy following treatment, this is grounds for immediate termination.

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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 a Behavioral Health Program to

obtain assistance and/or referrals to appropriate resources in the community.

In certain

circumstances, employees may be approved for unpaid leave to participate in a rehabilitation or

treatment program, provided they agree to abide by the Tribe’s conduct policies and rules. Both the

Immediate Supervisor and Department Director must approve this leave. 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.

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 if 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 their

urine, 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:

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

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

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

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

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

SECTION X.

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

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, or Director about an issue,

they should set up a meeting with the Human Resources Department.

Professional Conduct on the Job. Successful governmental operation and reputation is built

upon the principles of fair dealing and proper conduct of our employees. Our reputation for integrity

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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 Tribal government 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

action,

they

should

discuss

openly

with

the

Immediate

Supervisor/Director and if necessary, with the Human Resources Department.

Failing to exercise professional conduct could lead to disciplinary action. The use of

professional judgment, integrity, and the observance of applicable laws and

regulations is the responsibility of each employee.

LTBB strives to respect the established professional codes of ethics licensed or

certified staff are required to follow.

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. Each department may set guidelines based on departmental activities.

Certain employees of LTBB may be required to wear uniforms. Uniforms are to be clean and in good

repair. Uniforms should not be worn outside of work-related functions or at inappropriate locations.

The following are considered unacceptable attire:

Clothing with drug, alcohol, violence, 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.

Inappropriate dress or lack of personal hygiene, which adversely affects proper

performance of duties or constitutes a health or safety hazard.

Beachwear including flip flops.

Safety

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LTBB has established a workplace safety program to assist in providing a safe and

healthful work environment for employees, Tribal Citizens, clients, and visitors.

LTBB provides information to employees about workplace safety and health issues

through regular internal communication channels such as supervisor-employee

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. Safety

equipment will be provided to employees.

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 must immediately notify their Immediate Supervisor and

Human Resources Department. Such reports are necessary to comply with laws and

initiate insurance and workers' compensation benefits procedures, if needed.

Identification Badge. All employees are required to wear or possess an LTBB issued

identification badges while in the workplace during work hours. The Human Resources Department

may charge a cost for replacement of an identification badge, following the approved Identification

Badge Policy. If an Employee loses their identification badge they must notify their Immediate

Supervisor or Human Resources Department immediately.

Conflict of Interest: 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 Tribe.

The

following are examples of conflict of interest. This list is not all inclusive.

Employees will refrain from approving any direct services to immediate family

members.

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Employees are prohibited from accepting, in their official capacity, any gifts, money

or gratuity that reflects a positive impact on the employee’s monetary financial

wellbeing or increases an employee’s recognizable assets.

Employees are not permitted to enter into contracts with immediate family members.

Employees are prohibited from directly supervising an immediate family member,

spouse, or significant other.

Dating a subordinate employee is strictly prohibited.

If it is determined that a conflict of interest exists, management reserves the right to take

corrective action, which may include changing of schedules, transferring an employee, or discipline

up to and including termination.

Harassment.

Employees may not harass or discriminate against other employees or LTBB Elected

Officials who hold Immediate Supervisory positions 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 and is defined as “unwelcome sexual

advances, request for sexual favor, or other verbal or physical conduct of a sexual

nature made to any employee or LTBB Elected Officials who hold Immediate

Supervisory position.” and can seriously undermine employee morale, work quality

and/or productivity. Sexual harassment does not refer to occasional compliments of a

socially-acceptable nature.

Examples of sexual harassment include, but are not

limited to the following:

a. Sexual touching, advances or propositions;

b. Verbal abuse of a sexual nature;

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

d. Sexually degrading words to describe an individual; and

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e. Display in the workplace of sexually suggestive objects or pictures, including

nude photographs.

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:

a. Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual's employment.

b. Submission to or rejection of such conduct by an individual influences’

employment decisions affecting that individual.

c. Such conduct has the purpose or effect of unreasonably interfering with an

individual's performance.

d. Such conduct has created an intimidating, hostile or offensive employment or

personal living environment.

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

because of the actions of a supervisor, another employee, LTBB Elected Official, or a

non-employee, they should immediately report the incident to their Immediate

Supervisor, Department Director or Human Resources Department. Any Immediate

Supervisor who becomes aware of possible harassment is required to report the

matter as soon as possible to Human Resources.

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 or nonemployee will be subject to appropriate disciplinary action, up to and including

termination. In certain circumstances, an employee’s or LTBB Elected Official

conduct could also result in criminal or civil action against the employee.

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

investigation of harassment or discrimination is prohibited, and subject to

disciplinary action or civil action.

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SECTION XI.

LTBB PROPERTY AND 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 illegal, disruptive, offensive to others, or harmful to

morale. Employees are prohibited from using LTBB computers for personal use.

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. If an employee takes a leave of absence or is on a

disciplinary leave, their immediate Supervisor may request that their computer be returned and held

until their return.

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.

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.

Employees are prohibited from texting while driving.

Excessive personal 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 will participate in the oversight of employees’ cellular

equipment usage in conjunction with the LTBB Accounting Department. If an

employee takes a leave of absence or is on a disciplinary leave, their immediate

Supervisor may request that their cell phone be returned and held until their return.

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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 Immediate Supervisor/Department Director will be responsible for submitting

any requests to discontinue service to the Accounting Department.

Postage/Mail: The use of the LTBB paid postage for personal correspondence is prohibited.

Use of Vehicles and mobile equipment. When using LTBB equipment, employees are

expected to exercise care, and follow all operating instructions, safety standards, and guidelines.

Immediate Supervisors need to be notified 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 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.

a. The Immediate Supervisor shall notify the Safety Coordinator of any changes.

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.

Seatbelts must be worn while operating Tribal vehicles.

Smoking in Tribal vehicles is strictly prohibited.

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

vehicles, as well as excessive or avoidable traffic and parking violations, can result in

disciplinary action, up to and including termination of employment.

Employees are responsible for immediately reporting accidents to their Immediate

Supervisor/Department Director, and Human Resources.

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On occasion, with approval, employees may be authorized to drive a tribal vehicle

outside of work hours to expedite program services.

Unauthorized passengers are prohibited.

Uninsurable Driver

If any of the following occur within the previous five (5)-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.

a. Two (2) or more suspensions with reinstatements

b. Two (2) or more at fault accidents

c. Three (3) or more moving violations

d. Any combination of three (3) or more moving violations, at fault accidents and

suspensions with reinstatements

e. Five (5) or more points assessed on license

If any of the following traffic violations occur within the previous five (5)-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.

a. Operating under the influence of intoxicant or controlled substance (DUI) (DWI)

b. Failure to stop & report when involved in an accident that resulted in bodily

injury to any person

c. Vehicular homicide, manslaughter or assault

d. Operating a vehicle during license revocation or suspension

e. Operating a vehicle without the permission of the owner

f. Operating a vehicle while used in commission of a felony

g. Racing or speed contest

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h. Attempting to elude a police officer

i. Youthful (underage) passenger with open container

j. Reckless or careless driving

k. Driving on wrong side of highway

l. Hit and run

If any of the following occur within the previous three (3)-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.

a. Suspended, denied or revoked driver's license.

Teleworking, or telecommuting, is the concept of working from home or another location on

a full or part-time basis. Teleworking is not a formal, universal employee benefit. It is an alternative

method of meeting the needs of the organization. LTBB has the right to mandate or refuse

teleworking requests.

LTBB’s policies for teleworking are as follows:

Compensation and Work Hours: The employee’s compensation, benefits, work status

and work responsibilities will not change due to participation in the teleworking

program. The amount of time the employee is expected to work per day or pay period

will not change as a result of participation in the teleworking program.

Eligibility: Successful teleworkers have the support of their supervisors. Employees

will be selected based on the suitability of their jobs, an evaluation of the likelihood

of their being successful teleworkers, and an evaluation of their supervisor’s ability to

manage remote workers. Each department will make its own selections.

All teleworkers must sign a work agreement.

Equipment/Tools: The company may provide specific tools/equipment for the

employee to perform his/her current duties. This may include computer hardware,

computer software, phone lines, email, voice-mail, connectivity to host applications,

and other applicable equipment as deemed necessary.

The use of equipment, software, data supplies and furniture when provided by the

company for use at the remote work location is limited to authorized persons and for

purposes relating to company business. The company will provide for repairs to

company equipment. When the employee uses her/his own equipment, the employee

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is responsible for maintenance and repair of equipment. A loaner laptop may be

provided when available. Loaner computers will vary in performance and

configuration. Loaners must be returned upon request.

SECTION XII.

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, and at the

discretion of the Immediate Supervisor.

Visitors are allowed at the Executive Offices but restricted to the areas generally

accessible to the public.

Employees have the responsibility to ensure that confidential information contained

within their office is out of view of any visitors.

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.

Visitors and clients are expected to behave themselves in a respectful manner.

Anyone acting in a threatening or hostile manner may be asked to leave and/or

denied services.

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. 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

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When an Employee is the petitioner for a PPO and obtains a personal protection

order (PPO) against another employee (Respondent), The Tribal government will

work to maintain compliance with the PPO.

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.

LTBB reserves the right to inspect such

property for just cause. Desks, lockers, and other storage devices may be provided for the

conveniences of the employees but remain the sole property of the LTBB. 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 Equipment.

If equipment is lost or stolen the Immediate

Supervisor/Department Director shall be notified immediately. The Director shall submit necessary

documents such as police reports, lost item reports, etc. to the Executive Office.

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.

The Tribal government shall not deduct from the wages of an employee, directly or

indirectly, in any amount without the full, free, and written consent of the employee,

obtained without intimidation or fear of discharge for refusal to permit the deduction.

a. A deduction for the benefit of the employer requires written consent from the

employee for each wage payment subject to the deduction, and the cumulative

amount of the deductions shall not reduce the gross wages paid to a rate less than

minimum rate as defined in the minimum wage

The Department Director may file a police report for any unreturned equipment of the

Tribal government.

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Responding to Employment Reference Checks. For reference requests sent to the LTBB from

other organizations, the Human Resources Department will respond, in writing only, to 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 and Immediate

Supervisor before being released, and will be released only after receiving a written authorization,

signed by the individual who is the subject of the inquiry.

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

EthicsPoint

https://secure.ethicspoint.com/domain/en/default_reporter.asp

has

been

established for anonymous reporting of concerns regarding questionable practices relating to

accounting, auditing or internal financial controls of the Tribal government and its enterprises.

Employees are encouraged to report any of the following violations related to financial matters:

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 its 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.

Misuse of Assets or Services: Use of Tribal resources or equipment without

permission for non-business reasons.

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Reporting of Financial Misconduct. 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, LTBB law enforcement official, or the Tribal Council. Any employee

who is subject to retaliatory action based on good faith and reasonable reporting shall have standing

to bring a cause of action in Tribal Court for damages.

Unions. The right of employees to work shall not be denied or abridged by the Tribal

government or by any labor organization on account of membership or non-membership in

any labor union, labor organization, or association.

No person shall be required by the Tribal government to abstain or refrain from

membership in any labor union or labor organization as a condition of employment or

continuation of employment.

No person shall be required to become or remain a member of any labor union or labor

organization as a condition of employment or continuation of employment.

No person, as a condition of employment or continuation of employment, shall be

required to pay any dues, fees, or other charges of any kind to any labor union or labor

organization or to pay to any charity or other third party, in lieu of such payments, any

amount equivalent to or a pro-rata portion of dues, fees, assessment or other charges

regularly required of members of a labor organization.

No person shall be required, as a condition of employment or continuation of

employment to be recommended, approved, referred, or cleared by or through a labor

organization.

It shall be unlawful to deduct from the wages, earnings or compensation of an employee

any union dues, fees, assessments, or other charges to be held for, transferred to, or paid

over to a labor organization, unless the employee has first presented, and the Tribal

government has received, a signed written authorization of such deductions, which

authorization may be revoked by the employee at any time by giving written notice of

such revocation to the Tribal government.

No person shall be required by the Tribal government to abstain or refrain from

membership in any labor union or labor organization as a condition of employment or

continuation of employment.

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It shall be unlawful for any person, labor organization, or officer, agent or member

thereof, or the Tribal government, or officer or agent thereof, by any threatened or actual

intimidation of an employee or prospective employee or his parents, spouse, children,

grandchildren, or any other persons residing in the employee's or prospective employee's

home, or by any damage or threatened damage to his property, to compel or attempt to

compel such employee or prospective employee to join, affiliate with, or financially

support a labor organization or to refrain from doing so, or to otherwise forfeit his rights

as guaranteed by provisions of law. It shall be unlawful to cause or attempt to cause such

employee to be denied employment or discharged from employment because of support

or nonsupport of a labor organization by inducing or attempting to induce any other

person to refuse to work with such employee.

Any agreement, understanding or practice, written or oral, implied or expressed,

between any labor organization and the Tribal government which violates the rights of

employees as guaranteed by the provisions of law is hereby declared to be against public

policy and is null and void and of no legal effect.

Strikes and Lockouts

An employee shall be considered on strike, if the employee who, without the lawful

approval of their Immediate Supervisor, willfully absents themselves from their

position, or abstains in whole or in part from the full, faithful and proper performance

of their duties for the purpose of:

a. including, influencing or

coercing a

change

in employment

conditions,

compensation, rights, privileges or obligations of employment; or

b. protesting or responding to an act alleged or determined to be an unfair labor practice

committed by the Tribal government.

SECTION XIII.

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, leave pending investigation (with or without pay) or

termination, based on the severity of the misconduct.

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

supervisors or directors. 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 Department 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 LTBB Law Enforcement Department and the Immediate

Supervisor. This includes threats by employees, as well as threats by customers, vendors,

solicitors, Elected Officials 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 or without 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.

Insubordination or other disrespectful conduct. Insubordination, including disobedience, or

failure/refusal to carry out assignments or instructions.

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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.

Possession of dangerous or unauthorized materials, such as explosives or firearms, in the

workplace.

Excessive absenteeism or any absence without notice. Failure to report promptly and observe

work schedules. Unauthorized absence from work during required hours of attendance.

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:

Telephone, Cell Phone and Mail Systems)

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: Use

of Vehicles)

Unauthorized or uninsured motorist while using Tribal vehicle or Employees while driving

LTBB owned vehicles for work-related business. (See Section: Uninsurable Drivers)

Unauthorized disclosure of confidential information is a serious breach of confidentiality.

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.

Unauthorized public statements on behalf of the LTBB. Employees may make statements

pertaining to their departmental duties, responsibilities and services. All other media inquiries

will be directed to their Immediate Supervisor.

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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 Governmental Administration Building. Employment with

the LTBB 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 is prohibited.

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

duties or responsibilities for personal gain is prohibited. Employees may accept hospitality

gifts of food, traditional gifts, but nothing of lasting value more than $50.00.

Employees who are incarcerated for any reason which affects work attendance and results in

lost time will be subject to disciplinary action based on attendance policy.

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

Bullying means the repeated use of a written, verbal, physical act, or gesture, or any

combination thereof, directed at an individual that causes physical or emotional harm to the

individual, or damage to the individual’s property or places the individual in reasonable fear

of harm to themselves or damage to their property. Bullying can also be defined as the use of

information and communication technologies to support deliberate, repeated, and hostile

behavior by and individual or group that is intended to harm others.

All disciplinary action will remain in the employee’s file for the purposes of progressive

disciplinary action when an employee fails to correct a; only discipline incurred in the last

three (3) years will be considered.

SECTION XIV.

PROGRESSIVE DISCIPLINE

LTBB recognizes that there are certain types of personnel 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 Immediate Supervisor/Department Director consulting with the Human

Resources Director about the alleged violation or behavior that needs to be addressed and corrected.

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The Human Resources Director will investigate 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.

VERBAL WARNING - The Supervisor will clearly and frankly discuss 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 clearly and frankly discuss 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 Immediate 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

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:

1. Immediate Supervisor and Human Resources Director will mutually determine the

length of suspension.

2. In no case shall the length of suspension exceed five (5) work days in duration.

3. Suspensions pending further investigation can be with or without pay and in no case,

shall the length of suspension exceed ten (10) work days in duration.

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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.

DISPUTE RESOLUTION - Although we seek to provide a workplace in which all employees

feel they are an important part of the Little Traverse bay Bands of Odawa Indians, and where

employees feel fairly treated, there may be times when you have a dispute with a supervisor

or the Tribe which can best be resolved through a formal procedure of dispute resolution. All

disputes between any employee and LTBB are to resolved in accordance with the following

procedure. Please note, however, LTBB reserves the right to modify this procedure at any

time and noting in this procedure should be construed as a contract between the employee and

LTBB.

A dispute is a complaint by an employee concerning any matter related to the employee’s

employment with LTBB. All disputes must be in writing on the form provided by Human

Resources. You must state clearly and concisely all the known facts related to the dispute

including “who, what, where, when and the why.” Clearly explain why you disagree with the

act or omission that forms the base of the dispute. Also explain what remedy you are

requesting. Procedure is as follows.

1. Preliminary Step. You must first address your dispute with your immediate

supervisor. This may be done orally or in informal discussion. If your informal

attempts to resolve the matter are not successful, you may implement the formal

Dispute Resolution process.

2. Step 1.

You must first submit your Dispute in writing to your immediate

supervisor. Disputes must be submitted within 30 calendar days following the

date you first knew, or should have known of the dispute. If you do not submit

the Dispute within 30 days, you waive your right to assert it. Your supervisor

will respond in writing within 10 days following receipt of your Dispute. All

Disputes and replies in Step 1 must be in writing. If the Dispute is not settled in

Step 1, then you may proceed to Step 2.

3. Step 2 – Within 10 days following your receipt of the written answer to your Step

1 Dispute from your supervisor, you may appeal the decision of your dispute to

your Department Director. The Department Director will then undertake an

investigation of your Dispute and the underlying facts. Within 15 business days

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following the receipt of your Dispute appeal, the Department Director will meet

with you in person to discuss the Dispute. The Department Director will then

provide written response to your Dispute appeal within 15 business days

following the date of your meeting.

4. Step 3 – If you are not satisfied with the Response of the Department Director at

Step 2, you may submit your Dispute to the Branch Designee for review within 5

business days following the receipt of the written response from your Department

Director. The Branch Director or their designee will review the Dispute and

provide written response within 15 business days following receipt of the Step 3

Dispute.

Step 4 – You may appeal a Step 3 Dispute to Step 4 and request final and binding arbitration of your

Dispute. The request for arbitration must be in writing and must be made within 30 days following

receipt of the response of the Branch Manager in Step 3. Upon receipt of your request, LTBB will,

within 10 working days of its receipt of your request provide a list of prospective arbitrators. The

parties will choose an arbitrator from the list provided. All fees or expenses of arbitration, including,

without limitation, the arbitrator’s fees and expenses for the arbitration shall be borne equally by the

parties. Each party will pay its own attorney’s fees or costs other than the arbitrator’s fees and

expenses. The employees bring the Dispute bears the burden of proof as to the validity of the

Dispute. The decision of the arbitrator shall be in writing, and the decision is final and binding.

SECTION XV.

PROCEDURE

TERMINATION OR REDUCION IN PAY GRIEVANCE

APPLICABLE LAW: Tribal law and applicable federal law apply to the terms and conditions of

employment with the Tribal government and likewise shall govern all petitions for judicial review of

final employment decisions.

Access the Grievance Procedure. A Claimant must be or have been a government employee

and must meet at least one of the following criteria:

Must have been a non-probationary employee at the time of dismissal or reduction in

pay.

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Must have received a new classification based on restructuring not requested by the

employee within the same department or to a new department with a new

classification.

An employee of the Tribal government who is also an employee at a Tribal enterprise

may not use this process as a grievance procedure between the employee and the

Tribal enterprise.

Initiating A Grievance (Step 1).

A Claimant must initiate a grievance on a fully completed " Grievance Form." The grievance

form will be available at the Human Resources Department and also made available on

Tribe's web-site. The grievance form must state the claim, the facts in support of the claim,

and the relief requested. If there is not enough space on the grievance form for a complete

statement, attachments may be used. Once the grievance is initiated, additional claims may

not be added.

A Claimant’s grievance must:

a. Be presented to Human Resources within 14 calendar days of the Claimant's

grievance criteria;

b. Pertain directly and personally to the Claimant’s own employment;

c. Not be used to harass or otherwise impede the efficient operations of Tribal

government;

d. Not have been pursued through another process (for example, a law suit filed in

court);

e. Not duplicate another grievance challenging the same action or arising out of the

same facts.

If any of these requirements are not met, the Human Resources Department shall notify

the Claimant, using the Grievance Form that the grievance will be administratively

closed due to noncompliance. The Human Resources Director’s decision to deny access

to the grievance procedure on any of the above is final.

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The Human Resources Director may deny a Claimant access to the grievance procedure on

any grounds other than what is listed below following receipt of a written grievance.

Management Resolution Step. The Human Resources Director must:

a. Accept the grievance

b. Enter the date of receipt on the Grievance Form

c. Forward the Grievance to the Immediate Supervisor/Department Director by the

next business day.

Denials from the Human Resources Director must be in writing with in seven (7) calendar

days of the receipt of the grievance.

If the Claimant is determined to have access to the grievance procedure, the grievance is

returned to the appropriate resolution step for a response on the merits.

The Immediate Supervisor/Department Director:

After receiving the written grievance, the Immediate Supervisor/Department Director

should identify the issues, gather information and review the facts or in the case

where the Immediate Supervisor or Department Director is the direct supervisor of

the Claimant, the grievance proceeds directly to the hearing phase.

Within Seven (7) calendar days of the Immediate Supervisor/Department Director

receipt of the grievance, a meeting must be held to discuss the issue in dispute. The

Claimant and the Immediate Supervisor/Department Director must be at this meeting.

Others may participate with the consent of the Claimant and the Immediate

Supervisor/Department Director. However, no attorney shall represent either party at

the meeting. The meeting should not be adversarial or treated as a hearing.

Arguments and cross-examination are not allowed at this meeting. The meeting must

not be recorded unless one of the parties has a disability as defined by the Americans

with Disabilities Act that would be accommodated by recording the meeting.

Within

seven

(7)

calendar

days

this

meeting,

the

Immediate

Supervisor/Department Director must provide a written response on the appropriate

grievance form as provided by the Human Resources Department. The response must

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address the issues and the relief requested and shall notify the Claimant of their

procedural options.

The Immediate Supervisor/Department Director may uphold the employee's

termination or reduction in pay or implement appropriate remedies on behalf of the

Claimant. The Immediate Supervisor/Department Director may not implement

remedies on behalf of the Claimant that are inconsistent with Tribal law, federal law

or Tribal government personnel policies. If granting the Claimant relief, the

Immediate Supervisor/Department Director should consider the relief requested in

the written grievance.

Examples of relief, which may be implemented:

Reinstatement to the Claimant’s former position, or, if occupied, hiring into an

objectively similar position at the same rate of pay;

Upholding, reducing or rescinding the termination or reduction in pay;

An award of full, partial, or no back pay, from which interim earnings must be

deducted;

The restoration of full benefits and seniority

Examples of relief, which are not appropriate:

Establishing or revising compensation, classification or benefits;

Establishing or revising Tribal policies, procedures, rules, or regulations;

Suggesting any adverse action against a Claimant (other than upholding or reducing the

action challenged by the grievance);

Any other relief that is inconsistent with the statute or procedure.

Within seven (7) calendar days of receiving the Immediate Supervisor/Department Director

response, the Claimant must:

Indicate on the grievance form their intention to continue to the hearing process and

submit the form to the; or Immediate Supervisor/Department Director 2. Indicate on

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the grievance form their intention to conclude the grievance and submit the form to

the Immediate Supervisor/Department Director.

Third Party Hearing: The Tribe shall retain an impartial Hearing Officer for appeals from the

above. An impartial Hearing Officer shall be selected at random by the Executive from a pool of at

least three (3) candidates as provided by the Human Resources Department. The Tribal Council shall

appoint the Hearing Officer within 14 calendar days of the claimant's request to continue to a ThirdParty Hearing.

The Grievance Hearing (Step 2)

A Grievance Hearing must be held and a written decision issued within 30 calendar days of the

Hearing Officer’s appointment. This time can be extended only upon a showing of just cause to the

Hearing Officer.

It is the responsibility of the Hearing Officer to notify the parties, in writing of the

date, time, and place of the hearing. Service shall be by registered return receipt mail

service or personal service.

The holding of the grievance-hearing timetable can be extended only by agreement of

the parties signed in writing or upon a showing of just cause by one of the parties.

The hearing must be held in the locality where the Claimant is or has been employed.

The Tribal government must arrange a place for the hearing unless the Hearing

Officer chooses to make the arrangements.

Pre-Hearing Conference

A Pre-Hearing conference is encouraged. This conference can be conducted in person or by

telephone. This conference provides an opportunity to improve the management of the hearing by

addressing procedural and evidentiary issues.

Length of Grievance Hearing

A hearing is to last no more than one (1) day, unless the Hearing Officer determines that the time is

insufficient for a full and fair presentation of the evidence by both sides. The Hearing Officer may

grant a postponement or extend the 30-day period for just cause.

Absence from the Grievance Hearing

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The Hearing Officer shall provide a phone number that the Parties can reach the

Hearing Officer at immediately before and during the scheduled hearing time in case

a Party needs to request an emergency postponement.

The Parties must appear at the Grievance Hearing, request a postponement or show

just cause for failure to do either.

Just cause shall be determined by the Hearing Officer, but shall be limited to sudden

injury, illness, or other like emergencies that would cause great detriment to the Party

at issue or their dependents (minors or elders in their care) if not addressed by the

Party in an immediate fashion, that could not have been addressed earlier.

The Hearing Officer has the discretion to grant or deny a request for a postponement.

The Hearing Officer has the discretion to excuse an absence for just cause and

reschedule the Grievance Hearing. However, the Grievance Hearing and decision

may go beyond the 30-day time limit only upon a showing of just cause as outlined

above.

Should the Claimant fail to appear at the hearing without just cause, to be determined

by the Hearing Officer within three (3) working days of the hearing, the Claimant's

grievance shall be deemed dropped by the Claimant and ineligible for renewal or

revival.

In order to make a just cause determination, the Hearing Officer may accept or

request statements or proofs of just cause as necessary (such as a doctor's note).

Should the Tribe fail to have a representative at the Grievance Hearing without just

cause, the Tribe will be required to grant the relief requested in the grievance within

three (3) working days of the Grievance Hearing.

Recording the Grievance Hearing:

The Tribal government is responsible for providing proper recording equipment, unless the Hearing

Officer plans to provide it. The Hearing Officer is responsible for recording the hearing and

preserving the recording as part of the grievance record, which shall be kept in the Human Resources

Department employee or former employee personnel file. Employees or former employees may

review or obtain a copy of their own personnel file without cost.

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Authority of the Hearing Officer: Hearing Officers have the authority to:

Hold a pre-Hearing conference

Require the parties to exchange a list of witnesses and documents

Issue subpoenas for the appearance of witnesses at hearing and the production of

documents

Decide whether non-parties may attend the hearing

Record the hearing verbatim

Administer oaths

Admit evidence, exclude evidence, and accept offers of proof of excluded evidence

Rule on procedural requests

Render written determinations on qualified grievances suggesting appropriate relief

10.

Take other actions as necessary or specified in the grievance procedure.

Rules for The Grievance Hearing to proceed as follows:

Parties may represent themselves or may be represented by an individual of choice;

this representative does not have to be an attorney

The Tribe must present its evidence first and must show by a preponderance of the

evidence that the action was warranted and appropriate under the circumstances

Opening and closing statements may be made by each party

Formal rules of evidence do not apply

Testimony and exhibits may be admitted into evidence and made part of the record

Non-party witnesses are not to be present in the hearing except to give testimony and

be cross-examined

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The hearing should be closed to the public unless both parties stipulate to the

contrary

Hearing Officer’s Determinations

A Hearing Officer’s determinations must be in writing. The determinations must contain

findings of fact on the material issues and the grounds in the record for those findings.

The Hearing Officer must send his decision by certified mail, return receipt requested, to

each party.

Hearing Officers may determine appropriate remedies but may not determine relief that

is inconsistent with Tribal law or federal law or Tribal personnel policies. In suggesting

relief, the Hearing Officer should consider the relief requested in the written grievance.

Examples of relief, which may be determined:

a. Reinstatement to the Claimant’s former position, or, if occupied, hiring into an

objectively similar position at the same rate of pay

b. Upholding, reducing or rescinding the termination or reduction in pay

c. An award of full, partial, or no back pays, from which interim earnings must be

deducted

d. The restoration of full benefits and seniority

Examples of relief that is not appropriate:

a. Establishing or revising compensation, classification or benefits

b. Establishing or revising Tribal policies, procedures, rules, or regulations

c. Suggesting any adverse action against a Claimant (other than upholding or reducing

the action challenged by the grievance)

d. Directing the methods, means or personnel by which work activities are to be carried

out

e. Award damages, or,

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f. Any other relief that is inconsistent with the grievance statute or procedure

Noncompliance with The Grievance Procedure

If a party fails to comply with a provision of the grievance procedure, the opposing party

may challenge such noncompliance to the Hearing Officer, who is authorized to issue

final, non-appealable rulings on compliance challenges between parties. No

noncompliance challenges can be made after the issuance of the Hearing Officer

determination.

A challenge to the Hearing Officer will stop the grievance process. The grievance

process will resume when the Hearing Officer issues a ruling on the challenge. The

Hearing Officer's ruling on the challenge must be made within seven (7) calendar days

of the challenge, extending the 30-day hearing period by the length of time it takes to

make the challenge.

Grievance Noncompliance Appeal:

The Claimant’s grievance form must comply with the requirements for initiating a

grievance.

If the grievance form does not comply the Human Resources Director will notify the

Claimant, that the grievance will be administratively closed due to noncompliance.

The Claimant may request, within seven (7) calendar days of receiving notice that the

grievance will be closed, and that a Grievance Hearing Officer will decide whether

the grievance complies and can proceed. The Hearing Officer shall be selected in

accordance with Section XIV., H. The Hearing Officer shall only review the

documents to reach the compliance determination.

Party Noncompliance

Once the grievance has successfully been initiated, parties must comply with the

requirements of the grievance procedure. The Tribe must follow the Hearing Officer's

final written determinations made in response to a Grievance Hearing unless

appealing the determination as allowed by the grievance procedure. All claims of

noncompliance should be raised immediately. By proceeding with the grievance after

becoming aware of a procedural violation, one may forfeit the right to challenge the

noncompliance at a later time. To remedy noncompliance, a party must:

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g. Notify the other party in writing of the noncompliance (if the Tribal government is

out of compliance, written notice of noncompliance must be made to the Human

Resources Department)

h. Allow the other party seven (7) calendar days after receipt of the written notice to

correct the noncompliance

i. If the noncompliance is not corrected, the party may request a ruling from a Hearing

Officer (providing the other party with a copy of that request); the request must

identify the specific requirement of the grievance procedure that has not been

followed

j. If the noncompliance is corrected within the seven (7) calendar days, the party is

considered in compliance and no relief will be available from the Hearing Officer,

and,

k. If the Hearing Officer finds that a party has failed to correct the noncompliance

within the seven (7) calendar days, the Hearing Officer may (i) order the party to

correct the noncompliance, or (ii) where a substantial procedural requirement of the

grievance procedure was violated without just cause, render a final, binding and nonappealable decision against the noncomplying party on any qualifying issue

Review of A Hearing Officer's Determinations

A Hearing Officer's determination must be consistent with Tribal law and federal law and Tribal

personnel policies. Once a Hearing Officer's recommendation is made, it is subject to Tribal Court

review only for a decision as to whether the Hearing Officer's determination was arbitrary and

capricious or inconsistent with Tribal law or federal law or Tribal personnel policies, or a

determination on whether the Tribal government failed to follow the Hearing Officer's

recommendation and then an order to do so with whatever additional remedies the Court deems just.

Additional Grievance Procedure Rules

Computation of Time: In computing any period of time required by this procedure, the day of the

event from which the designated period of time begins to run shall not be included.

Example: If the Human Resource’s Department receives the appropriate grievance

form from a Claimant on Tuesday, then Wednesday is considered the first of the

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seven (7) calendar days in which the Human Resources Department must respond to

the grievance.

Extension of Timeframes:

Upon mutual agreement, parties to a grievance may extend all pre-qualification time limits including,

but not limited to, the 30-calendar day grievance initiation requirement. After a Hearing Officer is

assigned, a request for postponement of the Grievance Hearing must be directed to the Hearing

Officer. All extension agreements must be in writing.

Costs of a Grievance Hearing:

While the cost of the Hearing Officer and the facilities for the Grievance Hearing shall be borne by

the Tribal Government, incidental costs of a Grievance Hearing for the parties such as transportation,

meals, and lodging for the Claimant is the sole responsibility of the Claimant.

Reasonable Accommodations for Disabled Persons:

The Tribal government must provide reasonable accommodations for disabled persons as defined in

the American's with Disabilities Act participating in the grievance process.

SECTION XVI.

DEFINITIONS

Arbitrary or Capricious: In disregard of the facts or without a reasoned basis.

Attachments: Documents joined with the grievance form in the resolution steps and in the

qualification decision.

Back Pay: Retroactive payment of wages, bonuses, leave or other benefits, overtime (if a requisite of

the job) and other forms of fixed compensation, as directed by the hearing officer.

Claimant: An employee of the Tribe who files a grievance under this procedure

Cross-Examination: Questioning by the opposing party to test the truth or further develop the prior

testimony of a witness.

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Discrimination: Different or hostile treatment based on race, color, religion, political affiliation, age,

disability, national origin, or sex, sexual orientation or veteran status. Indian and Tribal preference

as allowed under Tribal law or Federal law is not discrimination.

Grievance: Written complaint on the grievance form stating the nature of the claim, the facts in

support of the claim, and the relief requested.

Harass: Action taken with the intent or purpose of impeding the operations of the Tribe.

Termination: Separation, which is not of free, will; resignation obtained through misrepresentation,

deception, duress, coercion, or time pressure.

Just Cause: A reason sufficiently compelling to excuse not taking a required action in the grievance

process.

Noncompliance: Failure to follow a grievance procedure rule.

Offers of Proof: Documents, testimony and other evidence offered but not admitted into the record.

Preponderance of the Evidence: Evidence, which shows that what is sought to be proven, is more

probable than not; evidence that is more convincing than the opposing evidence.

Reduction in Pay: Actions taken regarding an individual employee. This does not include across the

board actions that affect all employees.

Pay: Wages, bonuses, leave or other benefits, overtime if a requisite of the job and other forms of

compensation.

SECTION XVII.

APPLICABLE LAW

Tribal law and applicable federal law apply to the terms and conditions of employment with the

Tribal government shall govern all petitions for judicial review of final employment decisions.

SECTION XVIII.

IMMUNITY

LTBB CONSTITUTION ARTICLE XVIII. SOVEREIGN

Legislative Branch Personnel Policies Handbook Approved October 27, 2022

Page 69 of 70

Tribal Immunity from Suit

The Little Traverse Bay Bands of Odawa Indians, including all subordinate entities,

shall be immune from suit except to the extent that the Tribal Council clearly and expressly

waives its sovereign immunity, and officials and employees of the Tribe acting within the

scope of their duties or authority shall be immune from suit.

Suit against Officials and Employees

Officials and employees of the Little Traverse Bay Bands of Odawa Indians who act

beyond the scope of their duties and authority shall be subject to suit in Tribal Court for

purposes of enforcing rights and duties established by this Constitution or other applicable

laws.

Legislative Branch Personnel Policies Handbook Approved October 27, 2022

Page 70 of 70

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.

I acknowledge that if I am in receipt of LTBB data, files, keys, or other such property, that I must

return all such items upon termination, or legal action may be taken against me.

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

Legislative Branch Personnel Policies Handbook Approved October 27, 2022

Page 71 of 70

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.