The Nez Perce Tribe Intern Program

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HRM APPENDIX A

The Nez Perce Tribe Intern Program

Guidelines and Standards

Table of Contents

Mission Statement

Nez Perce Indian Education Background Information

How to Become a Nez Perce Tribe Intern

Intern Academic Eligibility Standards

Intern Employment Standards

Intern Opportunities Enhancements

Internship Working Agreement

Mission Statement

The Mission of the Nez Perce Tribe Internship Program is to assist Nez Perce Indian college

students in professional career development. This is accomplished by providing scholarships,

mentoring and employment opportunities that will develop and enhance Nez Perce Human

Resources.

Nez Perce Indian Education Background Information

The Nez Perce Tribe realizes the importance of an education and promotes education for all Indian

students. Seventy percent of the Nez Perce people are high school graduates, and 7.1% have bachelor’s

degrees or other higher education degrees. At the present time, Nez Perce college students are unlikely to

major in the sciences or mathematics. In general, Native Americans are the most under-represented

minority in the scientific and technical professions. One of the prominent factors responsible for this is

believed to be a cultural conflict between scientific and traditional values.

The Tribe is especially interested in education, which weaves traditional knowledge and respect for

educating the whole person rather than discreet training in individual scientific disciplines. It is the

Tribe’s belief that cultural and spiritual values should be incorporated into the education of our people.

How to become a Nez Perce Tribe Intern.

These are the criteria that must be met in order to become an intern.

Tribal Preference will apply.

Must have completed at least one successful semester of college. A successful semester is

defined as completion of a full-time/part time student load and a minimum 2.5

cumulative GPA.

Must declare major of interest to partner student with appropriate discipline/program.

Must submit:

Minimum of two letters of recommendation from:

The local community (employer, pastor, etc.), or

The academic community (professor, advisor, etc.), or

The Indian community (tribal official, elder, etc.)

College transcript; (high school transcript if waiver granted)

(A minimum 2.5 GPA must be maintained); and

Describe how internship will be relevant to their education.

Selection:

Intern positions will be advertised beginning in April based on funding availability and

class description.

Program staff will select interns based on recommendation

letters, letter of interest, transcripts and interviews. Students who solicit

intern placements on a non-compensated basis may solicit programs

directly and this policy shall apply.

Internships are subject to availability. Budget and workload may dictate

internship openings. All criteria must be completed before student will

be considered. Application for internship should be submitted to:

Nez Perce Tribe

P.O. Box 365

Lapwai, Idaho 83540

Intern Academic Eligibility Standards

Interns must meet academic standards to remain eligible for the Intern Program’s

benefits. In order to remain eligible to the Intern Program:

Submit a quarter/semester grade report within one month

after each completed semester. Reports should include

how classes went, what obstacles were overcome, expected

graduation date, etc.

Prior to each fall term, must submit a baccalaureate plan to

Mentor that outlines graduation requirements and

prospective fall and spring classes.

Support of each intern will be limited to:

Undergraduate

Graduate

Ph.D.



4 years

2 years

3 years

Students that do not meet these requirements will be placed on a

semester probation. If standards are not met during that semester, they are no longer

eligible to participate.

Intern Employment Standards

The following are the employment standards that interns must comply with during

employment as an intern:

Must have the responsibility to approach their internship with the

professionalism of a full-time employee.

Each intern is obligated to conduct himself/herself in a manner that

will reflect positively upon the Nez Perce Tribe. It is the policy of

the tribe to take corrective measures when an intern engages in

conduct or activities which detract from the effectiveness of an

intern’s work or performance which is contrary to the best interest

of the Nez Perce Tribe or program.

Must sign-in and out at the start and end of each workday.

Must read and follow the Nez Perce Tribal Human Resources Manual.

Must respect the department’s chain of command. When there are problems

interns will seek out assistance according to the chain of command.

10.

11.

12.

13.

14.

15.

16.

Must be doing actual work as assigned. Interns will not be paid to do homework.

Interns may need to use initiative in seeking out work from the staff if assigned

tasks are completed.

Must be willing to spend summers away from home if employed by a hosting

organization.

Must be able to take constructive criticism.

Must work with an assigned mentor to establish project(s).

Must keep the mentor informed on work activities and absences.

Must attend all staff and other meetings upon request, when available.

Provide written status reports as requested by mentor.

Must be willing to travel to training and conferences, when available.

Provide detailed trip reports for meetings attended, including knowledge gained

and information gathered.

Interns will be evaluated each year by the mentor to help provide guidance to

interns and to determine the disposition of future work activities.

Provide a written report within two months of completion of internship period

and may be requested to give an oral presentation.

Intern Opportunities Enhancements

The following are benefits, which will be made available during the course of the

internship. Benefits will be provided as long as all standards in previous sections

are achieved.

Professional employment experience related to their educational

and career goals.

Interns will have work opportunities with the tribal

department during the school year when their academic

schedule permits.

Interns will have work opportunities during their academic

breaks.

Technical staff mentoring:

All mentors will provide sufficient guidance and direction

to ensure that assigned tasks can be successfully completed.

Goals will be set regarding project expectations.

Improvement of technical writing skills.

Guidance on educational opportunities and career

development

Pay scale. (based on academic standing and evaluation).

Pay will be determined according to class description,

education, experience and performance.

Interns pay may change during the course of outplacement sponsors may determine the intern’s salary.

Stipends and scholarships awarded to interns for an outplacement will be subject to review as to whether

additional funding will be required to support the

placement.

Interns will be given the opportunity to participate in professional conferences such as American Indian

Science Engineering Society, American Indian Physicians Association, Indians into medicine, and others.

The Internship Working Agreement

The guidance listed below provides the recommendations for working agreements

between tribal technical staff that serve as mentors and college interns.

Technical staff have the following responsibilities:

Provide guidance and oversight on a project agreed to by the mentor,

intern, and the manager.

Provide sufficient guidance and direction to ensure that assigned tasks can

be successfully completed.

Work with intern to set goals regarding project expectations.

Help interns improve technical writing skills.

Provide guidance on education opportunities and career development.

Interns have the following responsibilities:

Agree upon a project or projects with mentor, and/or managers.

Provide written status reports as requested.

Provide detailed trip reports for any meetings, conferences, trainings attended

including knowledge gained and information gathered.

Let mentor know location of work and study. Inform mentor of any absences.

Provide a written report within two months of completion of internship period and

be prepared to give an oral presentation to NPTEC or other sponsoring agencies

concerning your project.

Be self-motivated and be able to work independently when required.

Be able to take constructive criticism in a positive manner.

Interns are responsible for remaining alcohol and drug free during the course of

their internship. In the unforeseeable event that an intern is convicted of being

under the influence of alcohol or non-prescribed drugs, or any other drug/alcohol

related conviction (illegal possession, DUI, etc.), the internship relationship with

the Nez Perce Tribe will be terminated.

Compliance with Section E.

HRM APPENDIX B

Nez Perce Tribe

Applicant Eligibility List

Applicant Eligibility Lists can be developed for programs that require periodic or annual position

openings. The following is the process and requirements.

1. An approved class description must be on file in Human Resources. If one does not exist,

the program must have a class description developed according to the Human Resource

Manual (HRM) Sections 2.2 and 2.2.3.

2. The position must be advertised according to HRM Section 2.2.4 and 2.2.5.

3. The applications will be screened according to HRM Section 2.2.6.

4. The applicants who meet the minimum qualifications will be qualified for the Applicant

Eligibility List.

5. The list will be forwarded to the programs and the applicants who do not qualify will be

notified by Human Resources.

6. Interviews will be conducted with the qualified applicants. Those selected through the

interview process will qualify for the Applicant Eligibility List. The list will be

maintained by Human Resources.

7. As the need arises, the program will forward a written notice to Human Resources of

position opening(s).

8. Human Resources will provide the applications of the applicants who made the Applicant

Eligibility List to the program for review and selection for hire according to HRM

Sections 2.4.3 through 2.4.6 and sections 2.6, 2.6.1 and 2.6.2.

9. Positions must be reviewed or advertised every six months. Applicants that qualify will

remain on the list for six months from the date of the advertisement.

HRM APPENDIX C

Nez Perce Tribe

Evaluation of Supervisors

Name of supervisor

Title

What are the strengths of this supervisor?

What are areas that need improvement?

On a scale of one (1) to five (5) with 5 being the highest, rate this supervisor on the

following factors:

A. _____ Knows and follows their class description essential tasks.

B. _____ Knows and abides by their position expectations.

C. _____ Has a working knowledge of the Human Resource Manual.

D. _____ Abides by and implements the Human Resource Manual.

E. _____ Has a working knowledge of the Finance Manual.

F. _____ Abides by and implements the Finance Manual.

G. _____ Provides clear and reasonable expectations for staff.

H. _____ Oral communication skills

I. _____ Professional treatment of staff.

J. _____ Appropriate attire.

K. _____ Organizational skills.

L. _____ Leadership skills.

Policy, directives and information are provided from the Executive Director through the

managers and the chain of command. Does your supervisor provide this information on

a regular basis? How?

Does your supervisor set goals for your program? If so how?

6. Does your supervisor allow staff to participate in the planning process for your program? If

so how?

Employee development includes training and education. Do you have employee training

plans and are you given the opportunity to determine your training needs?

Do you have any recommendations for change in your program?

How would you describe your supervisor’s knowledge of their position?

10. What do you think should be the priority your supervisor needs to address?

11. What is the most beneficial thing your supervisor has done for you?

12. What is your supervisor’s most significant accomplishment?

HRM APPENDIX D

Nez Perce Tribe

Career Development Plan

Name ____________________________________

Date _______________________

Career Objective: Clearly state the profession/position you would like.

________________________________________________________________________

Assess training, education and experience necessary.

________________________________________________________________________

Inventory achievements and skills.

________________________________________________________________________

Strategy to achieve goal: (Set time frames; Identify school, funding, childcare, transportation,

etc.)

________________________________________________________________________

HRM APPENDIX E

Nez Perce Tribe

Position Reclassification Process

Position classification must come in writing through the Department Manager to the Human

Resource Office. To expedite the review of this request, the following information shall be

included in the submittal:

1. A copy of the approved class description of the affected position.

2. A detailed listing of the specific additions, deletions or modifications recommended for

reclassifying the position.

3. The background material to document the change related to the job complexity, job

knowledge, accountability, or supervisory responsibility of the position.

4. A narrative of the changes recommended that provides a complete rationale for the

changes.

The revised recommended class description will be reviewed by Human Resources as follows:

1. The salary grade as it related to the minimum qualifications in terms of experience,

education, supervisions and performance.

2. The technical level of the essential tasks as they relate to the education and experience

requirements.

3. The Indian/Tribal Preference as it relates to the funding agency of the position.

4. Comparing the current and recommended class descriptions in terms of the three above

listed items.

Human Resources will provide a written review and recommendation of the request to the

affected employee, supervisor and department manager within sixty (60) days. The employee,

supervisor and manager will review and respond to the recommendations within five (5) days.

Human Resources in concert with the employee, supervisor and manager will finalize the class

description within ten (10) days and submit the revised class description to the Executive

Director for final approval.

Upon approval of the new class description, the incumbent will remain in the position if

reclassified to a lower grade, and their salary frozen until the salary of the position reaches the

current pay of the employee.

If the reclassification elevates the position, the employee’s qualifications will be evaluated to

determine if they qualify for the position through the Employment Action Notice and Human

Resources Manual Sections 2.2.1 and 2.2.3.

Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions

and promotions.

HRM APPENDIX F

Nez Perce Tribe

Wage and Salary Classification

INTRODUCTION

The purpose of the Wage & Salary Classification Guideline is to provide for the uniform

recruitment, selection, and compensation guidelines for employees of the Nez Perce Tribe. The

three (3) major components of the classification are:

1. Class Descriptions (format of the HR Program)

2. Wage & Salary Schedule

3. Nez Perce Revised Human Resources Manual

The key point is the matching of the educational and experience requirements with the starting

and ceiling (salary grade). Other qualifying factors are 1) three years of related experience =

one year of college; 2) years of administrative experience; 3) years of related field experience;

4) years of experience with another tribe or agency; and 5) years of experience with the Nez

Perce Tribe. Other areas of concern are to match educational requirements in the related field.

Please see the classifications for example(s). The basic criteria to prepare and develop class

descriptions are as follows: 1) Education (high school, technical, higher, graduate, doctorate);

2) Related experience; 3) Administration/Management experience; 4) Supervision experience; 5)

Technical expertise in specialized field; 6) Experience in the unique Federal-Indian relationship;

7) Requirement of published documents, studies (i.e., technical reports); 8) Requirements to

work in area of Policy Analysis/Formulation.

The MGT Study will provide the basic framework for the preparation and development of the

class descriptions. Once the class descriptions are prepared and developed, the next step is to

match position with the approved Wage & Salary Schedule. There are basically three (3) grades

for each classification within the organizational structure. After the matching of the class

description with the Wage & Salary Schedule, the position must be included in the

organizational structure of the department or program.

The revised Nez Perce Human Resources Manual will provide the basic process for

advertisement, recruitment, placement, discipline, and promotions for the tribal employees. The

Wage & Salary Classifications will become a major element (appendix) of the revised Nez Perce

Human Resources Manual.

NEZ PERCE TRIBE

WAGE/SALARY EMPLOYEE CLASSIFICATIONS

The Nez Perce Tribe, to provide for the orderly recruitment, promotion, and

compensation of the employees, has developed the following employee classifications.

The Wage & Salary Schedule of 10/01/99, as approved and updated, provides the method

of computation of compensation for the employee. The key factors of the classifications

are the educational, experience, supervision, and length of employment requirements.

The following are the classifications of the employees of the Nez Perce Tribe:

Executive Director/Department Managers/Professionals (i.e., Lawyers, etc.). The

position will direct, supervise, and coordinate programs and program areas of the

Nez Perce Tribe assigned to the department.

1. Minimum Education, experience, and supervision requirements are as follows:

Masters Degree in Administration, Management, or related field. Requires three

(3) to five (5) years of experience in their related field and three (3) to five (5)

years of supervisory experience. Also three (3) to five (5) years of experience in

working with the unique Federal-Indian relationship. Must also have

demonstrated grants/contracts writing skills, knowledge of compliance

requirements, and knowledge of financial management.

2. Salary Grades Grade 13 through 17 dependent upon the education, experience,

supervision and length of employment requirements. The four (4) levels of

classification are:

Level 1 (Grade 13) – meets the minimum qualifications (department

Managers).

Level 2 (Grade 14) – exceeds the educational, experience, and supervisory

requirements. Also supervises four (4) programs and seven (7) years of

documented experience (department managers).

Level 3 (Grade 15) – exceeds the educational, experience, and

programs and has twelve (12) years documented experience

(department managers).

Level 4 (Grade 16) – meets the educational, experience, and

supervisory requirements. Also supervises four (4) programs and

has seven (7) years of documented experience (professional

classification).

level 5 (Grade 17) – exceeds the educational, experience, and

supervisory requirements. Also supervises four (4) to seven (7)

programs and has twelve (12) years of documented experience

(professional classification).

Program Directors. The position will direct, supervise, and coordinate the

assigned program of the Nez Perce Tribe.

1. Minimum Educational, experience, and supervision requirements are as follows:

Bachelor of Science and/or Arts degree in their respective field, and Masters degree in

lieu of experience. Requires one (1) to three (3) years of experience in their related field

and three (3) years of supervisory experience. Also, requires the ability to learn and

understand the unique federal-Indian relationship. Must also have demonstrated

grants/contracts writing skills, have knowledge of compliance requirements and

knowledge of financial management.

2. Salary Grades Grade 9 to 11 dependent upon the education, experience, supervision, and

length of employment requirements. The four (4) levels of classifications are:

Level 1 (Grade 9) – meets the minimum requirements.

Level 2 (Grade 10) – exceeds the educational, experience, and supervisory

requirements. Also supervises one (1) to four (4) personnel of the assigned

rogram and has seven (7) years of documented experience.

Level 3 (Grade 11) – exceeds the educational, experience, and supervisory

requirements. Also supervises four (4) to seven (7) personnel and has

twelve (12) years of documented experience.

Technical (i.e., forestry, Fisheries, Water Resources, Environmental). The

position will direct, supervise, and coordinate the assigned program elements of

the Nez Perce Tribe.

1. Minimum Educational, experience, and supervisory requirements are as follows:

Bachelors of Science and/or Arts degree in Administration, Management, or related field

(Master’s degree preferred). Requires one (1) to three (3) years of experience in their

related field and one (1) to three (3) years of supervisory experience. Also, one (1) to

three (3) years working with the unique Federal-Indian relationship. Must also have

demonstrated grants/contracts writing skills, have knowledge of compliance

requirements, and knowledge of financial management.

2. Salary Grades Grade 11 through 13 dependent upon the education, experience,

supervision, and length of employment requirements. The four (4) levels of classification

are:

Level 1 (Grade 11) – meets the minimum requirements.

Level 2 (Grade 12) – exceeds the educational, experience, and

supervisory requirements. Also supervises one (1) to four (4) components

and has seven (7) years of documented experience.

Level 3 (Grade 13) – exceeds the educational, experience, and

supervisory requirements. Also supervises four (4) to seven (7)

components and has twelve (12) years of documented experience.

Technician/Office Manager/Teachers/Bookkeepers. The position will direct,

coordinate, and supervise the skilled and unskilled labor. There will also be the

assignment of specific tasks to be performed in the office or field.

1. Minimum Educational, experience, and supervisory requirements are as follows:

Requires two (2) to four (4) years of college in a related field. Associate of Arts degree

preferred (Bachelor of Arts in lieu of experience). Requires one (1) year of related

experience, one (1) year of administration/management experience and one (1) year of

supervisory experience. Also, must be willing to learn and understand the unique

Federal-Indian relationship.

2. Salary Grades Grade 8 through 10 dependent upon the education, experience,

supervision, and length of employment requirements. The four (4) levels of classification

are:

Level 1 (Grade 8) – meets the minimum requirements

Level 2 (Grade 9) – exceeds the educational, experience, and supervisory

requirements. Also supervises one (1) to three (3) personnel of the

assigned programs and has seven (7) years of documented experience.

Level 3 (Grade 10) – exceeds the educational, experience, and supervises

one (1) to three (3) personnel and also has twelve (12) years documented

experience.

Counselors/Outreach Workers/Assistants/Secretaries. The position will not

supervise but will be required to perform specific, assigned tasks.

1. Minimum Educational, experience, and supervisory requirements are as follows:

High School diploma or GED equivalency and documented and certified skills in the

related field. Also one (1) to three (3) years experience. Must be willing to upgrade

skills on an annual basis.

2. Salary Grades Grade 6 through 8 dependent upon the education, experience,

supervision, and length of employment requirements. The four (4) levels of

classification are:

a. Level 1 (Grade 6) – meets the minimum requirements.

b. Level 2 (Grade 7) – exceeds the educational and experience requirements

and has seven (7) years of documented experience.

c. Level 3 (Grade 8) – exceeds the educational and experience requirements

and also has twelve (12) years of documented experience.

Skilled Labor (Clerks, Aides). The position will perform specific assigned tasks

requiring certain skills and will require supervision.

1. Minimum Educational and experience requirements are as follows: High School

diploma or GED equivalency and skills in related field. Also one (1) to three (3) years of

experience in related field.

2. Salary Grades Grade 4 through 6 dependent upon the education, experience, supervision,

and length of employment requirements. The four (4) levels of classification are:

Level 1 (Grade 4) – meets the minimum requirements.

Level 2 (Grade 5) – exceeds the minimum requirements and has (seven) 7

years of documents experience.

level 3 (Grade 6) – exceeds the minimum requirements and also has

twelve (12) years of documented experience.

General Labor. This position will perform assigned tasks with constant supervision.

1. Minimum Education and experience requirements are as follows: High School diploma

or GED equivalency and the ability and willingness to learn and follow directions.

2. Salary Grades – Range 1 through 4 dependent upon the education and experience

requirements. The four (4) levels of classification are:

Level 1 (Grade 1) – minimum wage.

Level 2 (Grade 2) – meets the minimum requirements.

Level 3 (Grade 3) – exceeds the minimum requirements and also has

seven (7) years documented experience.

Level 4 (Grade 4) – exceeds the minimum requirements and also has

twelve (12) years of documented experience.

The Wage & Salary Classification System will also provide the compensation standard for

personnel of the Nez Perce Tribe. The classifications are based upon the organizational structure

of the Tribe.

The following are guidelines to be utilized with the classification system:

An employee may receive up to two (2) merit increases and one (1) cost of

living increase per annum adjusts the Wage and Salary Schedule on a total

basis. The total increase may not exceed two (2) salary steps per annum.

An employee may advance one (1) grade based upon the factors of

qualifications, supervision, and experience. The employee must initiate

the advance through the appropriate supervisor. The total advance may

not exceed one (1) grade level per annum.

An employee may be promoted according to the approved and revised

Human Resource Manual.

The supervisor must approve the class description in the final format as described above and as

available in Human Resources.

The Nez Perce Tribe is organized based upon a departmental basis. There are ten (10)

departments currently developed and approved (see organizational chart). The definitions of a

department and program are as follows:

Department – the coordination and supervision of four (4) to seven (7)

programs.

Program – the coordination or supervision of one (1) to seven (7)

personnel and/or program elements.

The purpose of organization is to provide an effective and efficient management network and

process. Each new grant, contract, or program elements will be assigned to a department during

the preparation of the program element and upon approval by the grantor agency. A new

department must be approved by the Nez Perce Tribal Executive Committee (NPTEC) and the

organizational chart revised accordingly.

Employee Evaluation Form

Employee’s Name (Last, First & Initial)

Employee #

Department/Title

Supervisor’s Name (Last, First & Initial)

Review Type

Review Period (Dates)

Regular _____ Probationary _____ Special _____

From:

To:

Department Mission Statement

Department Vision Statement

Job Description

(Describe all major job duties and responsibilities in order of importance. Attempt to limit job

duties to 10 or less. Expand or delete job duty numbers as needed.)

Job Duty 1

Job Duty 2

Job Duty 3

Job Duty 4

Job Duty 5

Definition of Ratings

5 -- Performance consistently exceeds to a significant degree

4 -- Performance consistently exceeds expectations

3 -- Performance consistently meets expectations

2 -- Performance is intermittently below expectations

1 -- Performance is consistently below expectations

N/A – Performance on a particular item could not be evaluated for this review

Reviewer Instructions: At the start of the review period, list the duties to be reviewed in order of

importance and indicate the acceptable level of performance expectation for each. At the end of the

review period, indicate the employee’s performance rating for each duty and provide written

justification

on the

Job Duty in

1: the “Comments” section. Reference to any attachments should be made

Rating

evaluation

_____ form.

Performance Expectations: (Provide measurable standard for the proficient level)

Comments: (Documentation/justification for rating)

Job Duty 2:

_____

Rating

Performance Expectations: (Provide measurable standard for the proficient level)

Comments: (Documentation/justification for rating)

Human Resource Manual as adopted by NPTEC March 25, 2003

Job Duty 3:

Rating ___

Performance Expectations: (Provide measurable standard for the proficient level)

Comments: (Documentation/justification for rating)

Job Duty 4:

_____

Rating

Performance Expectations: (Provide measurable standard for the proficient level)

Comments: (Documentation/justification for rating)

Job Duty 5:

_____

Rating

Performance Expectations: (Provide measurable standard for the proficient level)

Comments: (Documentation/justification for rating)

Human Resource Manual as adopted by NPTEC March 25, 2003

Performance Factor Checklist

A. EFFECTIVENESS AS A TEAM MEMBER

Rating

N/A

Ability to work with others within the department

Accepts responsibility

Ability to work with other departments

Accepts change

Comments:

_________________________________________________________________________________

_______________________________________________________________________________

B. PERSONAL COMMUNICATION SKILLS

Rating

N/A

Courteous

Respects Others

Confidentiality

Comments:

_________________________________________________________________________________

___________________________________________________________________________

C. INDIVIDUAL EMPLOYEE ATTRIBUTES

Rating

N/A

Attendance

Observance of Work Hours

Dependability

Personal Appearance

Effectiveness Under Stress

Compliance with Policy

Human Resource Manual as adopted by NPTEC March 25, 2003

Comments:

_________________________________________________________________________________

___________________________________________________________________________

Employee Personal Development Plan: Individual plans developed by all employees with their

supervisors completed to identify specific performance and career goals providing a systematic

process of renewal, learning and growth. The Professional Development Plan (PDP) should include

both short-term and long-term goals along with the training plan for achieving such goals for the

upcoming evaluation period. (Use a blank additional page if needed.)

Professional Development Plan Review from Previous Evaluation – Goals entered for 20____ - 20____

(previous evaluation period)

Achieved

In Progress or

Not Achieved

Comments:

_________________________________________________________________________________

___________________________________________________________________________

Human Resource Manual as adopted by NPTEC March 25, 2003

Professional Development Plan – CURRENT Review – Short-Term Goals: (Within next year)

Comments:

Training Plan for Achieving Short-Term Goals

Professional Development Plan – CURRENT Review – Long-Term Goals

Comments:

Training Plan for Achieving Long-Term Goals

Corrective Action Plan Required: (check one)

* Yes _____ No _____

* An unsatisfactory rating earned must be identified with goals for accomplishing by completing a

Corrective Action Plan. In the event needed, the Corrective Action Plan will be prepared as a

separate document supplied by the Department of Human Resources. The Corrective Action Plan

should be completed, signed, and filed within 30 days after the evaluation date with the Department

of Human Resources.

Human Resource Manual as adopted by NPTEC March 25, 2003

Are all employee evaluations current for employees directly supervised by this employee?

Yes _____

No _____

Are all employee evaluations current for employees indirectly supervised by this employee?

Yes _____

No _____

Notes:

_________________________________________________________________________________

____________________________________________________________

Merit Increase Recommended: (check one)

1 Step _____ 2 Step _____ No Merit _____

Employee Comments:

_________________________________________________________________________________

___________________________________________________________________________

Employee Acknowledgement:

I have read and understand this performance review. I have had the opportunity to discuss this

review with my supervisor and have entered comments that I felt were appropriate. I understand that

I have the option of filing a written rebuttal to this review. My signature indicates only that I have

read the review and that I have received a copy. My signature does not necessarily indicate that I

agree with its contents.

Employee’s Signature: __________________________________ Date: _____________________

Reviewer’s Signature: __________________________________ Date: _____________________

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX H

Nez Perce Tribe

Affiliate Entities

For purposes of calculating the longevity of tribal employees, the employee may include

employment time with tribal affiliates as identified below:

Nez Perce Tribal Housing

Ni Mii Puu Health

Nez Perce Tribal Enterprises

Any or all entity under the auspices of the Nez Perce Tribal Executive

Committee.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX I

Nez Perce Tribe

Employee Confidentiality Statement

I have read and understand the Nez Perce Tribe’s Confidentiality Policy HRM 4.12. I understand

and agree that I must hold in strict confidence all client information, fellow employee information,

tribal financial information and financial transactions; and property acquisitions I am privy to, and

any personnel information and information related to drug testing, the grievance process, employee

complaints, statistical, scientific and legal information I have access to as an employee of the Nez

Perce Tribe.

I understand that this prohibition applies during and after the employment relationship with the Nez

Perce Tribe. I further understand that unauthorized disclosures that can be documented may be

grounds for disciplinary action, including termination; or legal action.

I further understand that certain records are protected by Federal Privacy Act, .5 USC Sections

552A, federal regulations promulgated under the Act and 442 CFR part 2.

Print Employee Name _______________________________________

Employee Signature _________________________________________

Date ____________________

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX J

Nez Perce Tribe

Grievance Hearing Procedures

1. Statement of Purpose. The Nez Perce Tribal Executive Committee (NPTEC) has authorized

these Grievance Hearing Procedures (“GHP”), in addition to the administrative procedures

contained in Chapter 2-5 of the Nez Perce Tribal Code, for the purpose of ensuring that all Tribal

Employees receive fair and objective administrative hearings of grievances filed in accordance

with Step Three of the grievance procedures contained in: the Nez Perce Tribe Human Resource

annual; the Human Resource Manual of the Nez Perce Tribal Gaming Enterprise; and the

NiMiiPuu Health Human Resource Manual.

2. Confidentiality. All information pertaining to any grievance shall be confidential and shall not

be disseminated beyond the involved Human Resources Office, the Hearing Officer, and the

Parties or their attorneys. All persons participating in a grievance are bound by this

confidentiality provision.

3. Role of the Involved Human Resources Office. The “involved” Human Resources Office is

the one from the Tribal entity that employs the Grievant. The involved Human Resources

Manual is the one from the Tribal entity that employs the Grievant. The involved Human

Resources office will serve as staff for grievance proceedings involving that entity’s employees,

which includes: providing a Grievant with copies of requested documents from the Grievant’s

personnel files; providing the Hearing Officer with appropriately numbered copies of documents

from any earlier steps of the grievance process; assisting grievants with the preparation and

numbering any7 addition exhibits; making the tape recordings of grievance hearings; serving as

timekeeper for grievance hearings; providing notice to the Parties of all hearing and conference

dates; receiving all documents to be submitted to the Hearing Officer; and preparing the official

record for appeal.

Parties to the Grievance Hearing. The Parties to a grievance hearing are the Grievant and

the Grievant’s Supervisor or the Supervisor’s designee. These are the only persons who will

be permitted to remain in the hearing room throughout the hearing, other than the Hearing

Officer, a staff member from the involved Human Resources Office, and the Parties’

attorneys if the Parties choose to be represented by attorneys.

Conduct Required. All persons participating in a grievance proceeding must conduct

themselves in an ethical and courteous manner.

Conflict of Interest.

Prior to any hearing, the Hearing Officer shall determine whether the Hearing

Officer has a conflict of interest. A conflict will exist if the Grievant, the

Grievant’s Supervisor, or the Supervisor’s designee is a close family member

of the Hearing Officer. Close family members include:

Human Resource Manual as adopted by NPTEC March 25, 2003

`b.

biological mother, father, son, daughter, husband, wife, brother, sister in-laws

(mother, father brother, sister, son, daughter), grandparents, or grand

children; or

ii.

adopted father, mother, brother, sister, or grandparents; or

iii.

any other relative living in the same household.

If the Hearing Officer determines that a family conflict or any other conflict of

interest exists; the Hearing Officer shall promptly notify the involved Human

Resources Office and an alternate Hearing Officer shall be designated to hear

the grievance.

Date of the Grievance Hearing

The Hearing Officer will conduct hearings on the second Wednesday of each

month unless there are no grievances to hear or the Parties and the Hearing Officer

agree informally to a different day.

The involved Human Resource Office shall send notice of the date, time, and

location of the grievance hearing to:

the Grievant’s supervisor(s) by confidential inter-office mail; and

location of the grievance hearing to:

ii.

to the Grievant by united States mail to the most recent home mailing

address indicated in the Grievant’s personnel file; and

iii.

to the Hearing Officer.

It is the responsibility of the grievant to inform the involved Human Resources

Office of the Grievant’s current home mailing address.

Failure of the Grievant to Appear at the Grievance Hearing. If the Grievant fails to

appear at a scheduled grievance hearing, the Grievant waives the right to a hearing on the

disciplinary action at issue and the Hearing Officer will decide the grievance based on

appropriate written materials that have been submitted by the involved Human Resources

office.

Subject Matter for the Hearing. The only issue before the Hearing Officer is whether

the grieve3d disciplinary action was an abuse of discretion under the involved Human

Resource Manual. Only information relating to that issue will be heard and the Hearing

Officer will determine whether any offered evidence is relevant. It will be in the Parties’

best interests to provide only information which relates to that issue.

Human Resource Manual as adopted by NPTEC March 25, 2003

10.

Hearing Length. Hearings will not exceed 90 (ninety) minutes and will be conducted

as follows:

a. The Hearing Officer will determine that the Parties are present and will explain

the procedure to be followed during the hearing.

b. The Grievant will have 15 minutes to explain why the grievant believes that the

disciplinary action was an abuse of discretion.

c. The Supervisor, or the Supervisor’s designee, will have 15 minutes to explain

why the disciplinary action was taken.

d. The Hearing Officer will have 15 minutes to ask questions of the Parties.

The Grievant will have 15 minutes to ask additional questions of the Parties.

f. The Hearing Officer will have 15 minutes to ask additional questions of the

Parties.

11.

The Hearing Officer may use the remaining 15 minutes to clarify any issues and

close the grievance hearing.

Hearing Procedures:

a. The Grievant has the burden of providing that the disciplinary action taken was an

abuse of discretion under the involved Human Resource Manual.

b. All grievance hearings are closed to the public.

c. If the Hearing Officer allows witnesses to testify, they will wait outside the

hearing room until called to address the Hearing Officer, and they will be asked to

leave immediately following their participation in the hearing.

d. A designated timekeeper from the involved Human Resources office shall notify

the Parties when only two minutes of their allotted times remain. Time

restrictions will be strictly enforced.

e. The involved Human Resources Office will make an audio record of the hearing

and maintain a copy of the recording. This audio recording will be the official

record of the grievance hearing, and no other form of recording by either Party

will be allowed. Either Party may obtain a copy of the recording, but may be

required to reimburse the involved Human Resources office for copying costs.

f. If, at the end of the Hearing officer needs no further information in order to render

a decision, the hearing record will be closed, and the Parties will be excused.

Human Resource Manual as adopted by NPTEC March 25, 2003

h. Official Notice. The Hearing Officer may take official notice of any facts that

could be judicially noticed in Nez Perce Tribal Court. Either before or during the

grievance hearing, and before entry of an order based on officially-noticed facts, the

Hearing Officer shall notify the Parties of the specific facts or material noticed

and the source of the material noticed and shall give the Parties an opportunity to

contest and/or rebut the facts officially noticed.

12. Exhibits. All documents submitted for consideration by the Hearing Offi8cer shall be

submitted through the involved Human Resources Office and shall be identified

sequentially on the bottom of each page.

a. All documents from any earlier steps of the grievance process shall be identified on

the bottom of the page with the initials “HR” followed by a number beginning with

001, and each page shall be numbered in order thereafter. Example: HR 001, HR

002, HR 003.

b. Any additional documents submitted on behalf of the Grievant shall be identified on

the bottom of each page with the Grievant’s initials followed by a number beginning

with 001, and each page shall be numbered in order thereafter. Example: XX001,

XX002, XX003, etc. At the request of the Grievant, the involved Human Resources

Office will assist the Grievant with the properly numbering documents before they

are presented to the Hearing Officer.

c. Any additional documents submitted on behalf of the Supervisor or the Supervisor’s

designee shall be identified on the bottom of each page with the initials “NPT”

followed by a number beginning with 001, NPT 002, NPT 003, etc.

d. If the Hearing Officer allows the Parties to submit any other documents, those

documents shall be numbered as above with the appropriate initials and beginning

with the next number in order.

e. Exhibits identified at hearing are subject to appropriate and timely objection before

the close of the proceedings. Exhibits to which no objection is made are

automatically admitted into evidence without motion of the sponsoring Party.

f. Any materials not capable of duplicating by still photograph or reproduction on paper

(such as motion pictures, slides, opaque projections, videotapes, or audiotapes) shall

not be presented as exhibits without advance approval of the Hearing Officer.

13. Participation by Attorneys Optional. The grievance process is intended to be

informal and does not contemplate that the Parties will be represented by attorneys.

Grievants and Tribal staff may represent themselves. If either Party chooses to have an

attorney appear and represent them during the grievance hearing, the following

addition procedures apply.

Human Resource Manual as adopted by NPTEC March 25, 2003

a. Notices of Appearance. Attorneys for the Parties shall submit their Notice of

Appearance to the involved Human Resources office which will immediately

provide a copy to the Hearing Officer. The notice of Appearance shall include

the times at which the Party’s attorney is available for a pre-hearing

conference during the next ten (10) business days, and shall be served as

follows:

i. The Grievant’s attorney shall serve a copy on the Tribe’s Office of

Legal Counsel; by hand delivery at 100 Agency Road, Lapwai, Idaho

83540; by facsimile at208-843-7377; or by United State mail (postage

prepaid) at P. O. Box 305. Lapwai, Idaho 83540.

ii. Office of Legal Counsel shall serve a copy on Grievant’s counsel; by

hand delivery; by facsimile; or by United States mail (postage

prepaid).

Pre-hearing Conference. The Hearing Officer will schedule a prehearing conference, which may be telephonic, within five (5) business

days after receiving the Notices of Appearance from the Parties’

attorneys. If the pre-hearing conference cannot be scheduled within the 5

(five) business days, the Hearing Officer shall schedule it as soon as

possible taking into consideration the Hearing Officer’s schedule and the

schedules of the Parties’ attorneys.

i. The purpose of the pre-hearing conference is to: consider the

scheduling of any appropriate pre-hearing motion; formulate or

simplify the issues to be heard; consider any stipulations as to

the facts or the applicable law; identify and/or limit the number

of allowable exhibits in order to avoid irrelevant or repetitive

exhibits; consider motions for discovery and schedule

discovery if a discovery motion is granted; arrange for the

exchange of proposed exhibits or prepared testimony; limit

witnesses; establish procedures to be used at hearings; and

address any other matters that may expedite orderly conduct

and disposition of the grievance.

ii. Pre-hearing conferences may be held formally (on the record)

or informally (off the record), at the discretion of the Hearing

Officer and according to the Hearing Officer’s order or notice.

Agreements by the Parties to the conference may be put on the

record during formal conferences or may be reduced to writing

and submitted to the involved Human Resources offices after

the conference.

iii. The Hearing Officer shall issue a pre-hearing or notice based

upon the results of the agreements reached at or rulings made

at a pre-hearing conference and on pre-hearing motions. A

pre-hearing order will control the course of subsequent

Human Resource Manual as adopted by NPTEC March 25, 2003

proceedings unless modified by the Hearing Officer for good

cause.

iv. The Hearing Officer also may convene the Parties off the

record at the beginning of the grievance hearing or during a

recess to discuss any matters may facilitate orderly conduct of

the hearing. The Hearing Officer shall state the results of the

conference on the record.

c. Discovery, No Party is entitled to engage in discovery unless discovery is

authorized by the Hearing Officer after the filing of a motion requesting

discovery, an opportunity to respond to the motion, and a hearing on the

motion. If discovery is authorized, the Hearing Officer shall enter a

written order specifying the scope of discovery, the type of discovery that

may be used, and a schedule for completing the discovery.

d. Evidentiary Objections and Offers of Proof. Grounds for objection to the

admission or exclusion of evidence must be stated briefly at the time the

evidence is offered. Formal exceptions to rulings admitting or excluding

evidence are unnecessary and need not be taken, but the Hearing Officer shall

allow an offer of proof consisting of a concise statement of the substance of

excluded evidence.

e. Rules of Evidence and Rules of Procedure. The Hearing Officer is not

bound by the Nez Perce Tribal Rules of Evidence or the Nez Perce Tribal

Rules of Civil Procedure, but the Hearing Officer may consider those rules

during the grievance hearing process.

14.

Ex Parte Communications.

The Hearing Officer shall not communicate directly

or indirectly with any Party regarding any substantive issue in the grievance, except

upon notice and opportunity, for all parties to participate in the communication. Any

ex parte communications concerning procedural matters (i.e., scheduling), shall be in

writing and shall be served on all Parties.

15.

Decision. Within ten (10 business days from the date the grievance hearing record is

closed, the Hearing Officer shall render a written decision containing a statement of

any matters officially noticed, findings of fact, and conclusions of law. The Hearing

Officer shall send the decision to the involved Human Resources office along with any

other documents that are part of the official record. The involved Human Resources

Office will send a copy of the decision to both Parties in the same manner as notice of

the grievance hearing; if the Parties are represented by attorneys, the involved Human

Resources office will send a copy of the decision to each Party’s attorney. The

decision of the Hearing Officer is final, subject only to an appeal to the Nez Perce

Tribal Court pursuant to Chapter 2-5 of the Nez Perce Tribal Code.

16.

Official Record. In the event a decision of the Hearing Officer is appealed to the

Human Resource Manual as adopted by NPTEC March 25, 2003

Nez Perce Tribal Court, the official record of the Grievance will be prepared by the

involved Human Resources Office.

The involved Human Resources offices shall submit the official record to the

Tribal Court with a list of its contents and shall serve copies on the Parties

addressed to:

i. the Tribe’s Office of Legal Counsel by confidential inter-office mail; and

ii. to the grievant by United States mail to the most recent home mailing

address indicated in the Grievant’s personnel file; or

iii. to the Grievant’s attorney by United States mail at the address indicated on

the attorney’s Notice of Appearance.

The official record of the Grievance shall consist of the following:

i. all notices of the proceedings;

ii. all written motions, briefs, and memoranda submitted to the Hearing

Officer and the Hearing Officer’s written rulings on any motions;

iii. any evidentiary rulings made by the Hearing Officer;

iv. a copy of the tape recording of the hearing made and maintained by

the involved Human Resources office;

v. all documents received or considered by the Hearing Officer; and

vi. the written decision of the Hearing Officer.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX K

Nez Perce Tribe

Complaint Form

Please answer the following questions, explaining the concern you have in filing this complaint and

file a copy with the Human Resources Office. (Please type or print)

Name: ______________________________________

Address:_____________________________________

Home Phone: _________________

____________________________________________

Work Extension:_______________

____________________________________________

A written complaint statement must be presented by an employee to the immediate supervisor within

(5) working days of the effective date of the action at issue. A copy must be provided to the Human

Resource Office. If the complaint involves his/her immediate supervisor, the employee may proceed

directly to Step Two.

Please provide the following information pertinent to this complaint:

Name of your immediate supervisor and title ________________________

Date of incident: _______________________________________________

Name of the individual(s) involved with this complaint:________________

_____________________________________________________________

Specifically, please state the issue of the complaint and exactly how the incident

transpired:

__________________________________________________________________

Human Resource Manual as adopted by NPTEC March 25, 2003

What results/disposition are you requesting:

__________________________________________________________________

_________________________________________________________________

__________________________________________________________________

A signed copy must be returned to the complainant on the day filed, or a copy of submission to

supervisor must be received in the Human Resources Office on the day of delivery to the supervisor.

The supervisor must meet with complainant within five (5) business days of submission of complaint

and respond, in writing within five (5) business days to complainant after this meeting.

Both supervisor and complainant must comply with time lines in regard to filing and response times.

If time lines are not met by either party, the complaint will go to the next step in accordance with the

Human Resources Manual.

Complainant Signature

Date

Supervisor Signature

Date

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX L

Nez Perce Tribe

Background Check

Purpose

The major focus of the investigation will be to determine the suitability of the applicant/employee to

the position. Specific criteria and expectations for each position must be defined by the program

director and manager. The criteria include but are not limited to stability, trustworthiness, past

performance, criminal record and federal requirements.

Process

Background checks will be conducted on all employees in positions that have contact with children,

elderly, vulnerable adults, and persons in fiduciary or key management positions, (i.e., program

directors and managers). Background checks will also be conducted as required by a funding

agency. Program directors will be responsible to notify Human Resources of this requirement in

their contract.

The Employment Application form shall include the questions “Have you ever been convicted?” All

applications must provide an answer to this question. If the applicant does not answer this question,

the application packet will be considered incomplete. If the applicant answers “yes” that will be a

disqualifying factor for further consideration for positions as listed in A.

The Department Managers will be responsible to provide Human Resources with the names of

individuals in positions as defined above. Human Resources will process the background

investigation at the level as defined by the essential tasks of the class description that require contact

with children, vulnerable adults, key positions, etc. (i.e., education, financial, criminal, etc.).

Employees/applicants must complete the background investigation form. This information is held

strictly confidential.

The immediate supervisor and manager will be provided written determination of the suitability of

the employee/applicant for the position they have applied for. The confidential results of the

investigation will be retained by Human Resources for three years.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX M

Nez Perce Tribe

Fringe Benefits by Employee Category

Employees may be entitled to Nez Perce Tribal Fringe Benefits as listed below:

Regular and/or Seasonal Employees



Full Time

Medical Plan

Life Insurance

Retirement Plan

Annual Leave

Sick Leave

Holiday Leave

Emergency Leave

Administrative Leave

Jury Duty



Part Time

Retirement Plan

Pro Rated Annual Leave

Pro Rated Sick Leave

Pro Rated Holiday Leave

Pro Emergency Leave

Administrative Leave

Jury Duty

Temporary, Interns, and/or Employees



Full Time

Retirement Plan

Holiday Leave

Emergency Leave

Administrative Leave

Jury Duty



Part Time

Retirement Plan

Pro Rated Holiday Leave

Pro Rated Emergency Leave

Administrative Leave

Jury Duty

*Family Medical Leave (FMLP) is available provided qualifications as outlined in Policy

6.7 are met.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX N

NEZ PERCE TRIBE FAMILY MEDICAL LEAVE POLICY

Basic Leave Entitlement: It is the policy of the Tribe to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons:



For incapacity due to pregnancy, prenatal medical care of child birth;

To care for the employee’s child after birth, or placement for adoption or foster care (if both parents

are employed by an entity of the Nez Perce Tribe, each shall be entitled to six (6) weeks of FMLP

leave);

To care for the employee’s immediate family member (as defined in the applicable HRM) or other

dependent who has a serious health condition;

For a serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements:



Eligible employees may use their 12-week leave entitlement to address certain qualifying exigencies

for an immediate family member on active duty or call to active duty status in the National Guard or

Reserves. Qualifying exigencies may include attending certain military events, arranging for

alternative childcare, addressing certain financial and legal arrangements, attending certain

counseling sessions and attending post-deployment reintegration briefings.

Eligible employees are entitled to up to 26 weeks of leave to care for a covered service member

during a single 12-month period. A covered service member is a current member of the Armed

Forces, including a member of the National Guard or Reserves, who has a serious injury or illness

incurred in the line of duty on active duty that may render the service member medically unfit to

perform his or her duties for which the service member is undergoing medical treatment,

recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections:



During FMLP leave, the Tribe will maintain the employee’s health coverage under any “group

health plan” on the same terms as if the employee had continued to work.

Upon return from FMLP leave, employees will be restored to their original or equivalent positions

with equivalent pay, benefits, and other employment terms.

Use of FMLP leave cannot result in the loss of any employment benefits that accrued prior to the start

of an employee’s leave.

Eligibility Requirements: Employees are eligible,



They have worked for the Tribe for at least one year; and

They have worked 1,250 actual work hours over the previous 12 months.

Definition of Serious Health condition: A serious health condition is an illness, injury,

impairment, or physical or mental condition that involves either an overnight stay in a medical care

facility, or continuing treatment by a health care provider for a condition that either prevents the

employee from performing the functions of the employee’s job, or prevents the qualified family

member from participating in school or other daily activities. Subject to certain conditions, the

continuing treatment requirement may be met by:

Human Resource Manual as adopted by NPTEC March 25, 2003



A period of incapacity of more than three (3) consecutive calendar days combined with at least two

(2) visits to a health care provider;

One visit to a health care provider and a regimen of continuing treatment;

Incapacity due to pregnancy; or

Incapacity due to chronic condition.

Other conditions also may meet the definition of continuing treatment.

Use of Leave: An employee does not need to use this leave entitlement in one block. Leave may be

taken intermittently or on a reduced leave schedule when medically necessary. Employees must

make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt

the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent

basis.

Substitution of Paid Leave for unpaid Leave: Family Medical Leave is not in addition to an

employee’s accrued sick leave and annual leave. Employees must use any sick leave and annual

leave they have accrued at the same time they are using Family Medical Leave. If an employee

exhausts his or her paid leave before the end of the applicable job-protected period, then the balance

of the job-protected period will be unpaid Family Medical Leave.

Employee Responsibilities: Employees must provide 30 days advance notice of the need to take

FMLP leave when the need is foreseeable. When 30 days notice is not possible, the employee must

provide notice as soon as practicable and in accordance with the Tribe’s normal call-in procedures.

Employees must provide sufficient information for the Tribe to determine if the leave may qualify

for FMLP protection and the anticipated timing and duration of the leave. Sufficient information

may include:



That the employee is unable to perform his or her job functions;

The family member is unable to perform daily activities;

The need for hospitalization or continuing treatment by a health care provider; or

Circumstances supporting the need for military family leave.

Employees must inform the Tribe if the requested leave is for a reason for which FMLP leave was

previously taken or certified.

Employees may also be required to provide certification and periodic recertification supporting the

need for leave.

Notice: The Tribe will notify employees requesting Family Medical Leave whether they are

eligible.



If the employee is eligible for Family Medical Leave, the Tribe will:

○



Inform employees that the leave will be designated as FMLP protected;

Specify any additional information required as well as the employee’s

rights and responsibilities; and

Inform the employee how much sick leave and annual leave will be

counted toward the employee’s Family Medical Leave entitlement.

If the employee is not eligible for Family Medical Leave, the Tribe will inform the employee tha the

leave is not FMLP protected and provide the reason for ineligibility. Employees may appeal the

denial of Family Medical Leave to the Tribe’s Grievance Hearing Officer, who shall conduct the

appeal using the Grievance Hearing Procedures contained in Appendix T, and who decision shall be

final.

Human Resource Manual as adopted by NPTEC March 25, 2003

The Tribe Will Not:



Interfere with, restrain, or deny the exercise of any right provided under FMLP; or

Discharge or discriminate against any person for opposing any part of the FMLP.

ALTHOUGH NOT REQUIRED TO COMPLY WITH

FAMILY MEDICAL LEAVE ACT (FMLA) 29 U.S.C. 2601, et seq., THE NEZ PERCE TRIBE

CHOOSES TO OFFER FMLA-LIKE BENEFITS AND HEREBY ADOPTS THE

DEFINITIONS OF TERMS SET FORTH IN THE FMLA AND THE CORRESPONDING

SECTIONS OF THE CODE OF FEDERAL REGULATIONS. 29 CFR § 825,ET SEQ.

USE OF FEDERAL FMLA FORMS SHALL NOT BE CONSTRUED

AS A WAIVER OF THE TRIBE’S SOVEREIGN IMMUNITY.

FMLP applications and other related forms are available from Human Resources.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX O

Nez Perce Tribe

Furlough Form

Employees may be placed on unpaid status due to delayed funding. Employees are not required to

report to work while on furlough. However, an employee may choose to report to work on a

voluntary basis.

I, ________________________________, understand that furlough status is an unpaid status and

that, if I choose to voluntarily report to work, I may not be compensated for the hours worked.

______________________________________

Employee Signature

_____________________________

Date

_______________________________________

Supervisor Signature

______________________________

Date

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX P

NEZ PERCE TRIBE

DRUG AND ALCOHOL POLICY

HRM 5.2 Employee Relations

Purpose and Goal

The Nez Perce Tribe is committed to provide a safe and healthy work environment for our valued

employees and recognize that alcohol and drug abuse pose a significant threat to our goals. To

strengthen our commitment and balance our respect for individuals’ health rights the Nez Perce

policy provides the assurance required by some federal agencies which fund our programs. The

destructive and dangerous impacts of drugs and alcohol are recognized and we strive to deter

employee involvement with alcohol and drugs in our workplace. Our objective is to decrease

injuries on the job, decrease absenteeism, decrease the financial burden on tribal health and benefit

costs, decrease workplace theft, increase employee morale, increase productivity, and elevate the

quality of employee production and services. As a condition of employment, employees are required

to adhere to this policy. Employees are encouraged to voluntarily seek help with drug and alcohol

problems.

Covered Entities

Any individual who is conducting business for the Nez Perce Tribe or on the organization’s property

is covered by our policy. Our policy includes, but is not limited to executive management,

managers, directors, supervisors, full-time employees, part-time employees, seasonal employees,

temporary employees, off-site employees, volunteers, interns, Nez Perce Tribal Executive

Committee and all elected officials on the Tribe’s boards and commissions. The policy applies

during all working hours, including delegation, whenever conducting business or representing the

Tribe; while on-call or paid standby.

Notice

Communication of our policy is critical to our success. Supervisors and employees must know their

role and responsibility. The policy is an appendix to the Human Resource Manual Section 5.2

“Employee Relations”.

 It will be the Manager’s responsibility to ensure each employee is provided a copy of the

policy.

 This policy shall be distributed by Human Resources as a part of “new employee orientation”

and serve as notice to employees of this policy.

 Each Employee shall sign and have notarized the “Declaration of Compliance with Alcohol

and Drug Policy” form which becomes part of their personnel file.

 Employee education on alcohol and drugs and available treatment resources will be provided

by Human Resources at least twice annually.

 Supervisor training will be provided annually to recognize and provide assistance and

guidance to their employees as necessary.

Human Resource Manual as adopted by NPTEC March 25, 2003



The Supervisor will ensure that the Rehabilitation Plan is initiated and followed. Failure, by

the supervisor, shall result in a violation of the Human Resource Manual, section 5.4.8

“Employee restriction of performance and incompetence” under the “Supervisors are

responsible to” section 5.3.6.

Testing

The Nez Perce Tribal Executive Committee has implemented Resolution NP 90-113 Drug and

Alcohol Testing Policy to maintain a Drug Free Workplace. This policy applies to all tribal

programs, tribal boards and Commissions elected by General Council and the Nez Perce Tribal

Executive committee unless a more stringent requirement is mandated by the funding agency.

Managers are responsible to notify Human Resources of such requirement to Human Resources.

Testing shall occur during or immediately after the regular work hours and shall be deemed work

time for purposes of compensation and benefits. The Nez Perce Tribe will be responsible for all

testing costs under this policy (including employee transportation when necessary). Human

Resources will coordinate all testing and testing will be according to applicable health and safety

codes. Testing of employees at the satellite offices will be contracted with providers in their area (if

available). Testing procedures will ensure there is no contamination of the specimen.

The following are types of drug and alcohol “testing” employees are required to participate in as a

condition of employment:



Pre-employment: Applicants selected for “critical” positions will be tested as a condition of

employment. Critical positions are those that require driving or operation of any equipment

as an essential task of the class description; management and fiduciary positions or other

positions as defined by the department manager. Job announcements will include this

requirement where applicable.

Management: All employees who are designated as managers and directors; and elected

board, commissions and NPTEC shall be tested at least once annually.

Random: All employees shall be subject to the ten percent random selection by the

consultant testing agency. The employee listing shall be updated quarterly for the testing

agency by Human Resources. The procedure permits no “safe periods” for employees. Each

workday presents a new opportunity for each employee to produce a sample, regardless of

samples previously produced by them.

Reasonable Suspicion: A supervisor may request testing if they have “reasonable

suspicion” that their employee is under the influence of alcohol and/or drugs. The reasonable

suspicion is based on the observation of the employee’s drug use; apparent drug intoxication;

abnormal or erratic behavior; drug and/or alcohol odor; investigation, arrest or conviction of

drug/or alcohol-related offenses; workplace theft; reports of reliable and credible sources.

Specific condition testing: Supervisors may require testing for employees involved in onthe-job accidents or unsafe work practices.

Follow-up: Employees who have had positive test results will be subject to random testing

for a year following completion of their Rehabilitation Plan.

Baseline: NPTEC, managers or program directors may request testing of an entire

department or program. Justification must be provided to and approved by the Executive

Director.

Human Resource Manual as adopted by NPTEC March 25, 2003

Compliance Issues



Employees who refuse to provide a sample for testing will be subject to HRM 5.5.17

1st Three day suspension; 2nd Five day suspension; 3rd Termination.

Employees who contaminate the test sample will be terminated.

Applicants who refuse to provide a sample or contaminate the sample will be disqualified for

employment, for that recruitment; and for the following 60 days.

Positive Test Results

The Nez Perce Tribe values our employees and encourages them to seek help for them or their

families. Regular employees will be provided with options to rehabilitate as a condition of

continued employment. The Tribe recognizes that alcohol and drug abuse and addiction are

treatable illnesses and that early intervention and support improve the success of rehabilitation. An

Employee Assistance Program will be available for regular employees that will:

 Provide employees education on alcohol and drugs;

 Provide their families an opportunity to participate in their counseling.

 Provide supervisors opportunities to assist their employees toward wellness;

 Provide employees the opportunity, information and skills to assume responsibility for their

wellness;

 Provide employees the opportunity to rehabilitate

Treatment may be covered by the employee benefit plan; however the ultimate financial

responsibility for treatment belongs to the employee.

Confirmed positive drug or alcohol test results will require that the employee:

 Be provided the opportunity to provide legitimate medical explanation, such as a physician’s

prescription, and a documented chain of custody.

 Participate in a certified in-patient or intensive out-patient drug and alcohol

counseling/treatment program.

 Provide a Rehabilitation Plan that includes participation in a certified in-patient or intensive

out-patient rehabilitation/treatment program within ten business days of the positive notice to

their immediate supervisor and Human Resources. The plan must be signed by the

employee, the supervisor, department manager and counselor/provider.

 Maintain an alcohol and drug-free life-style.

 Be subject to HRM 5.5.17 Alcohol and Drug Policy Compliance:

First confirmed positive alcohol or drug test – 1st Three day suspension.

Relapse or Further Positive Test Results



If an employee has a relapse in their rehabilitation program; or has a second confirmed

positive drug or alcohol test result, the employee will be subject to:

HRM 5.5.17 2nd offense – Five day suspension and requirements as outlined in

the first adverse result.

Any further relapses or positive test results will be subject to:

HRM 5.5.17 3rd offense - Termination.

Human Resource Manual as adopted by NPTEC March 25, 2003



Employees may request a “level of drug” test if they test positive in the follow-up random; if

it is determined that the employee has not “used” since the first drug test. The cost of this

test will become the employee’s responsibility if it determined that the level of the drug is the

same as the first test.

Abort Treatment

An employee who is in in-patient or intensive out-patient treatment must complete the timeframe of

the treatment plan as prescribed by their counselor/provider. Employees who abort their treatment

program without just cause will be terminated.

Documentation

The supervisor responsibility is to:

 Ensure that this policy is implemented and that employees under their supervision comply

with this policy;

 Ensure that a rehabilitation plan is developed with the employee and their counselor with

appropriate signatures within ten business days.

 Secure a “client release of confidential information authorization” to discuss the

rehabilitation plan with the counselor.

 Forward all documentation to Human Resources within 15 business days.

 Human Resources will maintain a separate confidential records management system for

alcohol and drug testing documents as required by Employment Law.

Self Disclosure

Employees who come forward and disclose to their supervisor that they have a drug and/or alcohol

problem and request assistance and support to rehabilitate will be offered the opportunity to enter

into a Rehabilitation Plan and will not be subject to disciplinary action, random or other testing.

Employees who disclose their use of drugs when they have either been drug tested or notified that

they will be drug tested will be subject to the procedures outlined under 1st positive drug/alcohol test

result.

Confidentiality

The privacy of our employees must be respected and compliance with federal and other contractual

assurances must be maintained. This policy will comply with HRM 4.12 Confidentiality and

Appendix I Confidentiality Statement. Human Resources will ensure compliance with applicable

employment laws. All Drug and Alcohol information on employees will be kept in a separate

confidential file. Access to this information is limited to those with a legitimate need to know and

when necessary the appropriate signed authorization for release of information.

Shared Responsibility

Employees and management have important cooperative roles to play to achieve a safe and

productive drug-free workplace.

Human Resource Manual as adopted by NPTEC March 25, 2003

Employees are encouraged to:

 Be concerned about working in a safe environment

 Support fellow workers in seeking help

 Utilize the Employee Assistance Program and other available resources

 Report dangerous behavior to their supervisor.

Supervisors are responsible to:

 Inform employees of the policy

 Observe employee performance and behavior

 Investigate reports of dangerous practices and accidents

 Counsel employees as to job expectations and performance improvement

 Refer employees to the Employee Assistance Program, tribal Drug and Alcohol Program and

other resources.

 Clearly state the consequences of policy violations.

Employees shall not report to work or be subject to duty while their ability to perform is impaired to

on-or off duty use of alcohol or other drugs. In this case, employees are subject to:

HRM 5.5.17 Reporting to work under the influence of alcohol or other illegal drugs:

1ST Offense

 Suspension for three days without pay

 Required to participate in a certified in-patient or intensive out-patient drug

and alcohol counseling/treatment program.

 Provide a rehabilitation Plan with appropriate signatures within ten business

days to their supervisor and Human Resources.

 Submit to random testing during and for one year after completion of their

Rehabilitation Plan.

2nd Offense

 Suspension for five days without pay

 Same requirements as first offense

3rd Offense

 Termination

 Ineligible for employment for the following 60 business days.

Notification of Convictions

Any employee who is convicted of a criminal drug violation, loses their license or driving under the

influence of alcohol or other drugs must notify their supervisor within five days of the conviction or

loss of driving privileges. Supervisors must take immediate action if the class description essential

Human Resource Manual as adopted by NPTEC March 25, 2003

tasks require driving and the employee has lost their driving privileges or become uninsurable under

the tribes policy; and no later than five days as per HRM 5.4.7.

Human Resource Manual as adopted by NPTEC March 25, 2003

Nez Perce Tribe Drug and Alcohol Policy

REHABILITATION PLAN

Purpose: The employee has tested positive for drugs or reported to work under the influence of

drugs/alcohol thus violating the Drug and Alcohol Policy. The Nez Perce Tribe values our

employees and endeavors to provide assistance and support in the rehabilitation of employees as a

“last chance” to overcome their drug/alcohol problem and become productive, healthy employees.

Acknowledgement: The employee acknowledges receipt and understanding of the Nez Perce Tribe

Drug and Alcohol Policy by their signature to this document.

As a condition of continued employment the employee voluntarily authorizes “Release of

Information” for the employer to receive and request information from medical providers regarding

continuing treatment recommendations and to monitor employee compliance. The employee will

maintain and provide documentation of attendance to their supervisor and Human Resources.

The employee will comply with all aspects of the medical providers treatment recommendations.

The employee will be subject to random follow-up testing for one year following completion of their

Rehabilitation Plan. The employee agrees to abstain from the use of alcohol and or other drugs

except when prescribed by a physician who has been informed of the employee’s difficulty with

substance abuse.

The employee agrees that all costs of treatment and monitoring not covered by the employee’s

insurance is the responsibility of the employee. If absence from work is required as a part of

rehabilitation, it will be regarded as Family Medical Leave, sick leave, annual leave or some

combination thereof depending on leave availability.

The employee understands this is their last chance to successfully address their problem with alcohol

and/or other drugs. The employee must satisfactorily comply with their Rehabilitation Plan and

have no positive follow-up testing results for the duration of their employment with the Nez Perce

Tribe.

Employee Signature

Date

Supervisor Signature

Date

Manager Signature

Date

Counselor/Provider Signature

Date

Copies: Employee, supervisor, Counselor/Provider, Human Resources



Revised Drug and Alcohol Policy – HRM, Section 5.2., Employee Relations Approved July 13 & 14, 2004 Administrative Action.

HRM APPENDIX Q

Human Resource Manual as adopted by NPTEC March 25, 2003

Nez Perce Tribe

AIDS Policy Statement

The Nez Perce Tribe recognizes the importance of protecting the health of employees and the public

of the Nez Perce Reservation from the spread of Acquired Immunodeficiency Syndrome (AIDS).

AIDS is a major public health problem in the United States. The causative organism is a blood

borne virus (Human Immunodeficiency Virus – HIV) which is transmitted primarily through sexual

activity and also through sharing equipment in intravenous (IV) drug use.

The modes of transmission for Hepatitis B virus (HBV) are similar to those of HIV. However, the

risk of contacting HBV through incidental contact is greater than for HIV infection. General

practices to prevent transmission of HIV will also minimize the risk of HBV infection.

The following policy statement will be reviewed and revised as necessary, to reflect the latest

medical research and legal opinion.

Definitions

As used herein, the following terms shall have the meaning indicated:

(A)

HIV positive: serology that is positive for either specific HIV viral antigens or

the antibodies to HIV.

(B)

HIV infection: persons who are HIV positive with or without signs and

symptoms of infection as defined by the Centers for Disease Control in Atlanta,

Georgia.

(C)

Infected employee or person: any person who has HIV infection.

(D)

Occupational exposure: employee contact with blood or visible bloody body

fluids through percutaneous inoculation, direct contact with an open wound,

mucus membrane or non-intact skin during the performance of job duties.

Employees

(A)

HIV Testing: HIV testing will not be required as a prerequisite for employment.

HIV testing will be provided for any employee who requests it. Testing will be

performed according to North Central District Health Department policies.

(B)

Persons with impaired immune systems resulting from HIV infection or other

causes are at increased risk of acquiring serious complications of infectious

diseases. Of particular concern is the risk of severe infection following exposure

to other persons with contagious diseases such as measles or chicken pox.

In order to maintain protection for infected employees and the public, the infected employees are

encouraged to inform their Department Manager of their status (see section 2.13.5 Confidentiality).

Human Resource Manual as adopted by NPTEC March 25, 2003

(C)

The Department Manager, in consultation with the employee and the attending

physician, will make a determination as to whether or not the infected employee

can safely and adequately perform the functions according to the employee’s class

description without endangering the employee’s health or the health of the public.

The determination shall include findings of fact based on reasonable medical

judgments given the state of knowledge about the nature of the disease.

Outside medical consultation may be obtained with the consent of the employee. If the infected

employee can perform the functions of the job without risk to clients, to workers, or self or without

endangering the public health, no action will be taken. The performance and health of the infected

employee will be monitored to assure that the essential functions of the job are carried out.

If it is determined that the infected employee is not able to perform the essential

functions of the job without endangering the public or employee’s own health, the Department

Manager will notify the employee of that determination.

When it is determined that the infected employee is not able to perform the essential functions of the

job safely, consideration will be given as to whether any reasonable accommodations by the Tribe

would enable the infected employee to perform those functions or other functions within the Tribe’s

work structure.

Accommodation is not reasonable if it either imposes undue financial and

administrative burdens on the Tribe or requires a fundamental alteration in the nature of the job.

If an HIV infected employee is determined not to be qualified for continued

employment even with reasonable accommodations and declines to resign, the Nez Perce Tribe may

take appropriate steps to terminate the employment of the infected employee due to physical or

mental incapability. Appropriate procedural requirements as established in the personnel policies of

the Tribe shall be observed in all cases in which they are applicable. Any infected employee

desiring to separate voluntarily shall be permitted to do so.

Employees who refuse to work with another employee who has AIDS or HIV infection may be

terminated in accordance with personnel procedures.

Occupational Exposure

United States Public Health Service Recommended Precautions for Health Care Workers and Allied

Professionals Regarding AIDS will be followed when handling or disposing of all specimens,

secretions and excretions, including prosecutions and court personnel handling items of evidence.

Tribal employees will follow the universal precautions when exposed to blood or any body fluids

visibly contaminated with blood. Those who elect not to follow these precautions do so at their risk.

In the event of accidental or occupational exposure, a baseline HIV serology will be drawn from the

employee as soon as possible unless a negative HIV has been documented previously. Serologies

should be repeated again at three (3) months and six (6) months after exposure in the following

cases:

Human Resource Manual as adopted by NPTEC March 25, 2003

Exposure is from a person known to be HIV positive or having AIDS.

Exposure is from a person where HIV status is unknown.

The person from whom the exposure occurred should be provided information about HIV testing and

serology for HIV is STRONGLY recommended.

If the HIV antibody test of the exposed person is positive, routine epidemiologic follow-up will take

place.

No follow-up is needed if exposure has been to persons considered at low risk (i.e. infants, children)

unless these persons are known to have HIV infection.

Documentation will record the date of exposure, name and address of the person from whom the

exposure occurred if possible, name of person exposed, and type of exposure.

Specific guidelines have been developed for employees who share offices where the risk of

transmission is minimal. The following guidelines will be followed by employees:

Prosecution and Court Personnel:

Sharp items (needles, knife blades and other sharp instruments) should be considered as potentially

infective and be handled with extraordinary care to prevent accidental injuries.

Disposable syringes and needles, knife blades and other sharp items

should be placed into puncture resistant containers located as close as practical to the area in which

they are used. To prevent needle stick injuries, needles should not be recapped, purposely bent,

broken, removed from disposable syringes or otherwise manipulate by hand.

When the possibility of exposure to blood or other body fluids exists,

routinely recommended precautions should be followed. The anticipated exposure may require

gloves, as in handling items soiled with blood or equipment contaminated with blood or other body

fluids. Hands should be washed thoroughly and immediately if they accidentally become

contaminated with blood.

To minimize the need for emergency mouth-to-mouth resuscitation,

mouthpieces, resuscitation bags or other ventilation devices should be strategically located and

available for use in areas where the need for resuscitation is predictable.

Pregnant employees are not known to be at greater risk of contacting HIV

infections than employees who are not pregnant; however, if an employee develops HIV infection

during pregnancy, the infant is at increased risk of infection resulting from prenatal transmission.

Because of this risk, pregnant employees should be especially familiar with precautions for

preventing HIV transmission.

Food Service Workers:

Human Resource Manual as adopted by NPTEC March 25, 2003

All FSW’s should follow recommended standards and practices of good personal

hygiene and food sanitation. All FSW’s should exercise care to avoid injury to hands when

preparing food. Should such an injury occur, both aesthetic and sanitary considerations would

dictate that food contaminated with blood be discarded. FSW’s known to be infected with HIV need

not be restricted from work unless they have evidence of other infection or illness for which any

FSW should also be restricted.

Routine serologic testing of FSW’s for antibody to HIV is not recommended to prevent disease

transmission from FSW’s to consumers.

Other workers sharing the same work environment:

No known risk of transmission to co-workers or public exists from HIV infected workers in other

settings. This infection is spread by sexual contact with infected persons, injection of contaminated

blood or blood products and by prenatal transmission. Workers known to be infected with HIV

should not be restricted from work solely based on this finding. Moreover, they should not be

restricted from using telephones, office equipment, toilets, showers, eating facilities and water

fountains. Equipment contaminated with blood or other body fluids of any worker, regardless of

HIV infection status, should be cleaned with soap and water or a detergent. A disinfectant solution

or a fresh solution of sodium hypo chlorite (household bleach) should be used to wipe the area after

cleaning.

Evaluation of On-The-Job Exposures

Any employee who has direct exposure (needle stick injury, splash of blood into eye, etc.) to

potentially infectious body fluids while performing their assigned duties shall report the exposure to

their supervisor immediately. If medical evaluation is necessary, it will be conducted at the Tribe’s

expense.

Confidentiality

All notices, reports, actions, hearings and decisions concerning an HIV infected person or a person

suspected of being infected in which the name or any personally identifiable characteristic of the

person is communicated shall be strictly confidential and shall not be released without the consent of

the individual to anyone except those with a legitimate need to know including health care

personnel, doctors, nurses, dentists, persons providing emergency medical services, morticians, lab

technicians and school authorities. All confidential medical information is protected by statutes and

any unauthorized disclosure by employees may lead to immediate dismissal.

Reporting

All positive HIV serologist, AIDS Related Complex (HIV infection with symptoms) and AIDS

among employees will be reported unless the employee resides in a state when positive serology’s

are not reportable (i.e. Washington).

Education

Human Resource Manual as adopted by NPTEC March 25, 2003

The Nez Perce Tribe will provide AIDS education and updates to all employees on a regular basis.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX R

NEZ PERCE TRIBE

RETURN-TO-WORK POLICY

and

WORKER’S COMPENSATION CLAIM PROCEDURES

INTRODUCTION

The Nez Perce Tribe is genuinely concerned about the safety and well being of its

Employees and has implemented a comprehensive safety and loss prevention

program

designed to reduce the potential for work-related injuries and illnesses.

All employees are expected to participate in this program. In the event an

employee does experience a work-related injury or illness, the Tribe also is

dedicated to bringing that employee back to productive employment as soon as

possible. Therefore the Tribe has implemented a Return-To-Work (RTW)

program for employees who are absent from work for more than five days

because of work-related injury or illness.

The goals of the RTW Program are to:

provide an opportunity for the employee to become productive while

recovering from an injury or illness through assessment of the employee’s

individual situation and creation of a plan to get the employee back to

work;

accelerate reintegration of the employee into full productive employment;

and

provide a means for the employee to feel positive about contributions to

the work place during medical recovery and with appropriate medical

supervision.

The function of the RTW Program is not to provide job placement for those employees

whose disabilities are considered permanent or “long term.” It is primarily designed to keep

the lines of communication open between a covered employee, the medical care provider(s),

the Tribe, and the claims office that administers the Tribe’s worker’s compensation benefits

in order to return employees to work as soon as possible and to maintain a safe, supportive,

and productive work environment.

II.

RETURN-TO-WORK TEAMS

A Return-to-work team will be established for: management of cases involving a

compensable, work-related injury or illness causing, an employee to be absent from work for

more than five days; and to maintain communication between the employee, medical care

provider(s), the Tribe, and the claims office. The RTW team will consist of the treating

Human Resource Manual as adopted by NPTEC March 25, 2003

physician and the Tribe’s safety officer. The team leader will be the Safety Officer who will

set a meeting schedule to coordinate the team’s RTW activities.

Consultants to the team, could include the employee’s supervisor, other medical care

providers, the Tribe’s insurance broker, and a representative from the claims office as

needed. The primary responsibility of the RTW team is to return employees to their regular

job, a part-time, job, a light-duty job, or a modified job meeting the employee’s medical

capabilities as soon as practically possible.

The employee’s return to work will occur only after written approval by the employee’s

physician, which shall specify the level of work employee will be released to perform. The

physician will continue to take the lead, as the RTW team makes its determinations.

III

WORKER’S COMPENSATION CLAIM PROCEDURES

The method in which a claim is handled can affect the progress and resolution of

a worker’s compensation claim as well as the severity of dollar loss. Wellestablished and timely claims procedures are of primary importance in any RTW

effort.

Claim Procedures

Employees must immediately report all injuries and accidents to their

supervisor. Supervisors must immediately notify the Safety Officer and

fill out the first report of injury form.

Upon receipt of the first report of injury form, the Safety Officer will

explain worker’s compensation procedures including any documentation

required for medical appointments, treatment, and lost work time.

Safety Officer will promptly provide a copy of the first report of injury

form to the Human Resource Department and to the Safety Committee.

Employee may be referred to preferred medical providers.

This communication system will alert the employer in advance of an employee’s readiness to

return to work. Specific plans for an employee’s return to work will be determined by the

RTW team based on recommendations made by the physician and the adjuster.

All cases should be reviewed at least monthly by the RTW. The RTW team will establish

follow-up plans on a case by case basis. Cases can be considered resolved after 4 weeks of

symptom-free work activity at normal duty.

Human Resource Manual as adopted by NPTEC March 25, 2003

HRM APPENDIX S

Nez Perce Clean Air Policy

PREABLE:

The passage of the Nez Perce Clean Air Policy is dedicated to all the Nez Perce members

who suffer from commercial tobacco related concerns and diseases or have respiratory distress

conditions. The Nez Perce Clean Air policy is enacted to protect the public health of the Nez Perce

Tribe, now and in the future.

Section 1.

Authority

The Nez Perce Tribe enacts this policy pursuant to the Revised Constitution and By-Laws,

adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and approved by the Acting

commissioner of Indian Affairs on June 27, 1961.

(1) All person who work or visit any Nez Perce Tribal facilities are subject to the Nez Perce

Clean Air Policy. Compliance with this Policy is a condition of use of tribal facilities.

Section 2.

Findings

The Nez Perce Tribal Executive Committee finds that:

(1) Nez Perce cultural, spiritual, and ceremonial use of tobacco is an inherent immutable

component of the Nez Perce Cultural Landscape. The Nez Perce Clean Air Policy does not

ban, prohibit or restrict in any manner the traditional, cultural, spiritual, and ceremonial

sacred tobacco use of the Nez Perce people.

(2) The Nez Perce cultural tobacco use was for healing and does not support abuse of tobacco

in any way that can lead addiction and illness.

(3) The Nez Perce Clean Air Policy is intended solely to protect and restore the health and

welfare of the Nez Perce people by regulation of secondhand tobacco smoke.

(4) Based upon scientific studies, no safe levels of ventilation for secondhand smoke exists that

can ensure the protection and prevention of secondhand smoke health related illnesses.

(5) The Nez Perce Clean Air Policy is enacted to protect children, adolescents, adults and

elders, especially those affected by chronic respiratory distress conditions, from secondhand

smoke that results from the use and addiction to commercial tobacco products.

(6) Commercial tobacco is highly addictive and all available support resources will be offered

to daily commercial tobacco users.

Human Resource Manual as adopted by NPTEC March 25, 2003

Section 3. Policy

(1) This Nez Perce Clean Air Policy is an addition to the existing Nez Perce Tribe Tobacco

Policy, adopted January 10, 1995, that recognizes the dangers of secondhand smoke and

bans smoking and use of smokeless tobacco in all tribal facilities, buildings, vehicles.

(2) The Nez Perce Clean Air Policy expands the existing Nez Perce Tribe Tobacco Policy,

which covers enclosed public places, i.e. indoors. The Nez Perce Clean Air Policy is

enacted to protect the public from health hazards of secondhand smoke on the Nez Perce

reservation in locations where it is usual that the public is allowed to enter. Those public

places include but are not limited to the following:

Buildings and Offices where the public is allowed

ii.

All areas within 25 feet of all facility doorways, open windows, enclosed walkways

and ventilation systems to prevent exposure to secondhand smoke to general traffic

and to prevent smoke from entering enclosed buildings and facilities.

(3) All facilities under the Nez Perce Clean Air Policy must designate a “smoking area”,

outside of the facility and in compliance with sub-paragraphs i or ii of paragraph 2 of

section 3 of this Policy. Further signs designating areas as “smoke free” or “smoking

permitted” must be posted in conspicuous places to areas applicable under this policy.

(4) Existing ash trays will be moved outside of the 25 feet range, will provide on overhead

cover for smokers at the expense of the Nez Perce Tobacco Coalition.

(5) Alternate “smoking permitted” sites, outside the 25 feet range, will provide an overhead

cover for smokers at the expense of the Nez Perce Tobacco Prevention Coalition,

(6) The Nez Perce Clean Air Policy is not intended to regulate commercial tobacco use in:

Private residences

ii.

Privately owned vehicles

iii. Non-Tribal Facilities

Section 4.

Definitions

(1) Enforcement of the Nez Perce Clean Air Policy will be carried out by the Nez Perce Tribe’s

Executive Director’s Office, including tribal Administration.

(2) The Nez Perce Clean Air Policy will become a permanent addition to the Nez Perce Tribe’s

Human Resource Manual (HRM). Adherence to HRM policies are required by all tribal

employees and contractors.

Section 5.

Effective Date

The Nez Perce Clean Air Policy shall be effective March 1, 2008, to allow for plant maintenance

changes and employee and public awareness of implementation of the policy. The Nez Perce Clean

Air Policy is passed by NPTEC Resolution, NP 08-066, December 11, 2007, in accordance with the

Nez Perce Tribal Constitution and By-Laws.

Human Resource Manual as adopted by NPTEC March 25, 2003

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.