HRM current through NP 16-191AMENDED, adopted by NPTEC on October 13, 2020.

Nez Perce Tribe

HUMAN RESOURCES

MANUAL

HRM current through NP 16-191AMENDED, adopted by NPTEC on October 13, 2020.

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NEZ PERCE TRIBE

HUMAN RESOURCES MANUAL

Table of Contents

SECTION 1: OVERVIEW ...........................................................................................................3

1.1

1.2

1.3

1.4

1.5

1.6

INTRODUCTION ............................................................................................................................. 3

EXCEPTIONS AND VARIATIONS ............................................................................................... 3

MANUAL REVISION ...................................................................................................................... 3

TRIBAL/INDIAN PREFERENCE ................................................................................................... 4

EQUAL EMPLOYMENT OPPORTUNITY POLICY .................................................................... 4

VETERANS PREFERENCE POLICY............................................................................................. 4

SECTION 2: HUMAN RESOURCES.........................................................................................5

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

2.9

2.10

2.11

2.12

EMPLOYEE CLASSIFICATIONS .................................................................................................. 5

RECRUITMENT............................................................................................................................... 6

CANDIDATE ELIGIBILITY LIST .................................................................................................. 8

APPOINTMENTS............................................................................................................................. 8

INTERNAL TRANSFERS/PROMOTIONS .................................................................................... 8

INTRODUCTORY PERIOD FOR NEW EMPLOYEES................................................................. 9

PERFORMANCE AND EVALUATION ....................................................................................... 10

EVALUATION RESULTS ............................................................................................................. 10

CAREER DEVELOPMENT POLICY ........................................................................................... 11

POSITION RECLASSIFICATION ................................................................................................ 11

PROHIBITION OF HARASSMENT AND DISCRIMINATION ................................................. 11

RULES PERTAINING TO EXECUTIVES ................................................................................... 12

SECTION 3: SALARY AND PAYROLL ADMINISTRATION ...........................................12

3.1

3.2

3.3

3.4

3.5

WAGE AND SALARY SCHEDULE ............................................................................................ 12

SALARY INCREASES (RAISES) ................................................................................................. 13

PAY PERIODS AND PROCEDURES ........................................................................................... 13

COMPENSATORY TIME.............................................................................................................. 13

PAYMENT FOR TRIBAL BOARDS, COMMISSIONS AND GENERAL COUNCIL .............. 14

SECTION 4: GENERAL POLICIES GOVERNING PERSONNEL ....................................14

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

4.10

4.11

4.12

WORK HOURS AND ATTENDANCE......................................................................................... 14

TRAVEL ......................................................................................................................................... 14

NEPOTISM ..................................................................................................................................... 15

OUTSIDE EMPLOYMENT ........................................................................................................... 15

POLITICAL ACTIVITY ................................................................................................................ 15

RECEIPTS OF FAVORS OR GIFTS ............................................................................................. 16

NO SOLICITATION ...................................................................................................................... 16

RESIGNATION .............................................................................................................................. 16

DISMISSAL .................................................................................................................................... 16

REDUCTION IN FORCE ............................................................................................................... 17

DEATH ........................................................................................................................................... 17

CONFIDENTIAL INFORMATION............................................................................................... 17

SECTION 5: EMPLOYEE RELATIONS ................................................................................18

5.1

5.2

5.3

5.4

5.5

5.6

5.7

GENERAL CONDUCT .................................................................................................................. 18

EMPLOYEE RELATIONS ............................................................................................................ 18

WHISTLE BLOWER POLICY ...................................................................................................... 19

DISCIPLINE-GENERAL GUIDELINES ...................................................................................... 19

INFRACTIONS AND DISCIPLINE GUIDELINES ..................................................................... 21

GRIEVANCE PROVISION............................................................................................................ 23

THE NEZ PERCE TRIBAL HEARING OFFICER ....................................................................... 23

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5.8

5.10

5.11

5.12

5.13

5.14

5.15

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GRIEVANCE PROCEDURE ......................................................................................................... 23

EMPLOYEE PHYSICAL EXAMINATION .................................................................................. 25

BACKGROUND CHECKS ............................................................................................................ 26

HEALTH PRACTICES .................................................................................................................. 26

SAFETY .......................................................................................................................................... 26

WORKERS COMPENSATION CLAIM PROCEDURES ............................................................ 27

NEZ PERCE CLEAN AIR POLICY .............................................................................................. 27

SECTION 6 PERSONNEL BENEFITS AND SERVICES....................................................27

6.1

6.2

6.3

6.4

6.5

6.6

6.7

6.8

6.9

6.10

6.11

6.12

6.13

FRINGE BENEFITS ....................................................................................................................... 27

HOLIDAYS..................................................................................................................................... 27

GENERAL LEAVE POLICY ......................................................................................................... 28

ADMINISTRATIVE LEAVE......................................................................................................... 28

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

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

FAMILY MEDICAL LEAVE POLICY ......................................................................................... 30

UNIFORMED SERVICES LEAVE AND REEMPLOYMENT .................................................... 30

CONTINUING EDUCATION LEAVE ......................................................................................... 30

JUDICAL DUTY ............................................................................................................................ 31

EMERGENCY LEAVE .................................................................................................................. 32

LEAVE WITHOUT PAY ............................................................................................................... 32

FURLOUGHS ................................................................................................................................. 33

SECTION 7 GLOSSARY..........................................................................................................34

Appendix A.

Appendix B.

Appendix C.

Appendix D.

Appendix E.

Appendix F.

Appendix G.

Appendix H.

Appendix I.

Appendix J.

Appendix K.

Appendix L.

Appendix M.

Appendix N.

Appendix O.

Appendix P.

Appendix Q.

Appendix R.

Appendix S.

Appendix T.

Intern Program Policy .................................................................................................................. 37

Applicant Eligibility List .............................................................................................................. 41

Evaluation of Supervisor .............................................................................................................. 42

Career Development Plan ............................................................................................................. 44

Position Reclassification Process .................................................................................................. 45

Wage and Salary Classification.................................................................................................... 46

Employee Evaluation Form .......................................................................................................... 51

Affiliate Entities ............................................................................................................................. 57

Employee Confidentiality Statement ........................................................................................... 58

Grievance Hearing Procedures .................................................................................................... 59

Complaint Form ............................................................................................................................ 64

Background Check Policy............................................................................................................. 66

Fringe Benefits ............................................................................................................................... 67

Family and Medical Leave Policy ................................................................................................ 68

Furlough Form .............................................................................................................................. 71

Drug and Alcohol Policy ............................................................................................................... 72

AIDS Policy Statement.................................................................................................................. 79

Worker’s Compensation: Return-To-Work Policy and Claim Procedures ............................ 83

Nez Perce Clean Air Policy ........................................................................................................... 85

Social Media Policy ....................................................................................................................... 87

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SECTION 1: OVERVIEW

1.1

INTRODUCTION

It is the policy of the Nez Perce Tribe (“The Nez Perce Tribe” or “the Tribe”), to comply

with the following basic procedures and requirements in the recruitment, treatment and

selection of tribal employees.

1.1.1

The Human Resources Manual is designed to assist the Nez Perce Tribe in resolving

personnel-related issues. The primary purpose of the policies is to give maximum support

to the goals and objectives of the Nez Perce Tribe. The Manual has also been prepared to

provide employees with general guidelines on what the Nez Perce Tribe expects from you

and what you can expect from the Nez Perce Tribe.

1.1.2

The Manual is designed to inform you of the policies and procedures and other general

employment information. Every question cannot be answered in this format so employees

are encouraged to raise any questions regarding this Manual with his or her supervisor or

other appropriate management personnel and Human Resources.

1.1.3

All employees’ related documentation shall be submitted to Human Resources Office to

be kept in the employee’s files.

1.1.4

This Manual contains a table of contents a glossary of terms and Appendices. All Tribal

Employees shall familiarize themselves with this Manual and keep a copy for reference.

1.2

EXCEPTIONS AND VARIATIONS

This Manual shall serve as the foundation of personnel management for tribal government

and tribal enterprises unless separate resource management policies have been adopted for

an enterprise. Limitations in grant funding for particular departments and programs, or

particular grantor agency regulations may supersede policies and procedures contained

herein. Executives shall request, through the Nez Perce Tribal Executive Committee

(NPTEC), citing precedential policies on tribal sovereignty and government to government

relationship, a waiver of such regulations.

1.3

MANUAL REVISION

The Human Resources Manager is responsible for the maintenance of this Manual and the

administration of the revision process with NPTEC approval by resolution.

1.3.1

Employees may recommend revisions to the Manual by submitting written revisions to his

or her immediate supervisor with a copy to the Human Resources Office. The Supervisor

shall forward the recommended revisions to the appropriate Executive with a copy to

Human Resources. The Executive will evaluate the recommendation and present the

recommended written revisions to the Human Resources Manager. For purposes of this

Manual, the term “Executive” shall include: Executive Director, Law & Order Executive

Officer, and Enterprise Executive Officer. (NP 16-191 AMENDED).

1.3.2

The Human Resources Manager shall be responsible for circulating Manual Revisions to

Executives. Where appropriate, such revisions will be accompanied by instructions for

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implementing changes. Each Executive shall be responsible for documenting that each

employee receives copies of revisions and training is available.

1.4

TRIBAL/INDIAN PREFERENCE

Consistent with the philosophy of Indian Self-Determination, the following policies shall

apply.

1.4.1

The 1964 Civil Rights Act Title VII (42 USC 2000e2(i)), allows private and government

employers on or near a Federal Trust Indian Reservation to exercise Indian preference in

employment. The Indian Self Determination and Education Act (25 USC, Section 450(c)

affirms that any tribal employment or contract preference laws adopted by such tribe shall

govern.

1.4.2

In accordance with this provision, it is the Nez Perce Tribe’s policy to publicly announce

and give preferential treatment to qualified Tribal members before non-Tribal member

Indians and non-Indians in hiring and promotions. The following order of preference shall

apply:

(A)

(B)

(C)

Enrolled member of the Nez Perce Tribe.

Enrolled member of another federally recognized tribe.

Others.

1.5

EQUAL EMPLOYMENT OPPORTUNITY POLICY

The Nez Perce Tribe will attempt to provide equal opportunity to all qualified employees

and applicants for employment. With the exception of those situations affected by the

Tribal Preference policy, all aspects of employment will be governed on the basis of merit,

competence, and qualifications and will not be influenced by race, color, religion, sex, age,

national origin, disability, or any other basis prohibited by law.

1.5.1

Additionally, the Nez Perce Tribe makes reasonable accommodation for qualified

individuals with disabilities according to the Americans with Disabilities Act.

1.5.2

All decisions made with respect to recruiting, hiring, and promotions for all job

classifications will be based on individual qualifications related to the requirements of the

position and the sole discretion of the employer.

1.6

VETERANS PREFERENCE POLICY

By law, the United States has an obligation to assist veterans of the armed forces in

readjusting to civilian life and follows a policy of promoting maximum employment and

job advancement opportunities for veterans. The Office of Personnel Management

oversees federal agencies hiring practices and ensures that eligible veterans receive

preference in federal employment. In addition, almost every state extends a preference in

hiring to veterans.

1.6.1

The Nez Perce Tribe recognizes and acknowledges the sacrifices that veterans have made,

and the hardships they have endured, while serving in the armed forces of the United States.

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1.6.2

The Nez Perce Tribe concurs with federal and state policy in extending preference in hiring

to all eligible veterans discharged from the armed forces of the United States.

1.6.3

Eligibility under this section shall apply to those veterans who receive an honorable

discharge or a general discharge under honorable conditions.

1.6.4

Preference will be applied by adding five (5) percent to the total score of veterans in the

interview process.

SECTION 2: HUMAN RESOURCES

2.1

EMPLOYEE CLASSIFICATIONS

All employees are designated as either nonexempt or exempt under the Tribe’s wage and

hour policy. The following is intended to help employees understand employment

classifications and employees’ employment status and benefit eligibility. These

classifications do not guarantee employment for any specified period of time.

2.1.1

Nonexempt employees are employees who are eligible for the minimum wage and

overtime provisions described infra.

2.1.2

Exempt employees are generally managers or professional, administrative or technical

staff who are exempt from minimum wage and overtime provisions. Although the Tribe is

not subject to the United States’ Fair Labor Standards Act (“FLSA”), as a matter of

convenience, exempt employees hold jobs that meet the standards and criteria established

for exemption under the FLSA. Adoption of the federal standards may not be construed as

a waiver of the Tribe’s sovereignty or immunity from suit.

2.1.3

The Tribe has established the following categories for both nonexempt and exempt

employees:

•

Regular, full-time: Employees who are not in a temporary status and who are regularly

scheduled to work thirty (30) or more hours per week on a year-round basis.

•

Seasonal, full-time: Employees who are not in a temporary status and who are

regularly scheduled to work thirty (30) or more hours per week on a seasonal basis.

Generally, these employees are eligible for the full benefits package, subject to the terms,

conditions and limitations of each benefits program.

•

Variable: Variable employees include:

•

Regular, part-time: Employees who are not in a temporary status and who are

regularly scheduled to work less than thirty (30) hours per week. Regular, parttime employees are eligible for some of the benefits offered by the Tribe subject

to the terms, conditions and limitations of each benefits program.

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•

Temporary, full-time: Employees who are hired as interim replacements to

temporarily supplement the workforce or to assist in the completion of a

specific project who are scheduled to work thirty (30) or more hours per week.

•

Temporary, part-time: Employees who are hired as interim replacements to

temporarily supplement the workforce or to assist in the completion of a

specific project and who are scheduled to work less than thirty (30) hours per

week.

Variable employees are not eligible for Tribal benefits unless specifically stated otherwise

in Tribal policy or are deemed eligible according to health plan documents.

2.1.4

Health Plan Classifications

Full-time (permanent and seasonal) employees are expected to work thirty (30) or more

hours per week on average. The Tribe offers all full-time employees health benefits,

effective on the first day of the month following sixty (60) days of employment. The

Tribe’s Finance Department will not process the first paycheck of a full-time employee

until the employee has provided written notice of his or her intention to either elect

employer-provided health benefits or decline employer-provided health benefits.

Variable employees include all other employee classifications. Any variable employee who

works less than thirty (30) hours per week on average over a twelve (12) month period will

not be eligible for the Tribe’s Health Plan. The actual hours a variable employee works

may exceed thirty (30) hours in a given week without affecting the employee’s lack of

eligibility for the Health Plan. A variable employee’s Health Plan eligibility will only be

affected by an increase in the average hours worked over a twelve (12) month period to

thirty (30) or more hours. Under the Affordable Care Act, the Tribe shall track all of the

hours worked by variable employees over the course of a “benefits eligibility period”—

the Tribe’s benefits eligibility period is twelve (12) months.

If a variable employee becomes eligible for health benefits based on the average hours

worked per week over a twelve (12) month period, the Tribe shall offer health plan

coverage no later than the first day of the thirteenth (13th) month following the date or

anniversary of hire. When an employee is offered health plan coverage, he or she must

either elect coverage or decline coverage in writing before the Tribe’s Finance Department

will process his or her following paycheck.

2.2

RECRUITMENT

Each department shall be responsible for recruitment.

2.2.1

Recruitment shall be based on the development of a comprehensive class description for

each available position. Each class description will specify the position’s objectives,

required work activity, required background knowledge, skills, experience and work

environment.

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2.2.2

The Nez Perce Tribe recognizes the need to hire tribal members and non-member Indians,

as well as the need to focus on the best interests of the Nez Perce Tribe as a whole. When

minimum qualifications are met, the Tribe will give the greatest consideration to Nez Perce

tribal members and non-member Indians which, includes but is not limited to culture,

family, community knowledge and experience working with Indians or Indian Tribes.

2.2.3

Upon NPTEC approval of the department’s budget, which includes a particular position,

the Executive shall develop a class description for each position, which shall be forwarded

to the Human Resources Office for review and approval. No changes may be made to the

class description without concurrence of the Executive.

2.2.4

The Human Resources Office shall announce all position vacancies. When the position

closes, applications in the “In-House” recruitment must be screened first and, if a tribal

member applicant meets the minimum qualifications, those applicants must be given

preference in hiring thus closing the recruitment. Only if an applicant is not selected from

the In-House recruitment, external recruitment applications will be given consideration.

2.2.5

If the position is not filled under 2.2.4, the Human Resources Office shall announce all

position vacancies, at a minimum, in the Lewiston Morning Tribune, the Clearwater

Progress, the Clearwater Tribune, at the Wa-A’Yas, at the Pi-Nee-Waus, at the Teweepuu,

and in the Orofino, McCall and Enterprise Satellite Tribal Offices for a minimum of two

consecutive Sundays or as otherwise determined by the requesting Program Manager or

Executive.

2.2.6

The Human Resources Office will conduct the initial screening of applicants for minimum

qualifications, based on the approved class description. The applicants meeting the

minimum qualifications and all Nez Perce Tribal members applications (qualified or not)

will be forwarded to the advertising program. All applications and the screening

documentation are available to the advertising program. If the program chooses to consider

an applicant who does not qualify—the class description must be revised and the position

re-advertised.

2.2.7

The advertising department/program will conduct the secondary screening process that will

consist of interviewing a minimum of three candidates and a reference check of each. The

candidate selected shall be appointed under section 2.4. The Executive may make

exception to the three-candidate minimum with sufficient cause.

2.2.8

Tribal preference will be applied by applying points that are 10 percent of the total score.

2.2.9

Indian preference will be applied by applying points that are 5 percent of the total score.

2.2.10 Employees hired into classes/positions in which the class description essential tasks require

motor vehicle operation shall possess a valid driver’s license and be insurable under the

tribe’s policy. Recruitment for positions that do not require driving, shall not require a valid

driver’s license. NPTEC Administrative Action, # 28 April 10-11, 2007.

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2.3

CANDIDATE ELIGIBILITY LIST

Departments or programs that have regular, periodic or annual openings of positions are

authorized to create a Candidate Eligibility List. All hiring guidelines established within

this document will be followed. The requirements for the Eligibility List are in Appendix

B.

2.4

APPOINTMENTS

After review of the candidates and their qualifications, appointments shall be made as

follows:

2.4.1

The Executives, as defined in 1.3.1, shall be hired by Resolution of the Nez Perce Tribal

Executive Committee.

2.4.2

Program Managers shall be hired by the Executive.

2.4.3

All other employees shall be hired by the Program Manager after consultation with the

Executive.

2.4.4

Successful candidates shall be verbally notified of their selection to fill a position by the

Human Resources Office. Such notification shall be made official by a written notice of

appointment, a copy of which shall be filed with the Office of Human Resources and the

appropriate Department.

2.4.5

A copy of the notice of appointment and application shall become a part of and shall initiate

an active personnel file for the newly appointed employee. Personnel files shall be

maintained by the Human Resources Offices.

2.4.6

The applications for all unsuccessful applicants shall be maintained on file at the Human

Resources Office for three years.

2.5

INTERNAL TRANSFERS/PROMOTIONS

To be considered for internal transfers, an employee must complete the application for a

vacant or new position and fit within the guidelines of promotion or lateral transfer as

outlined in Appendix E. All applications must be completed and submitted in accordance

with the announcements to fill the position.

2.5.1

In the event a current employee is internally transferred to fill a vacancy or new position,

placements shall be made in accordance with section 2.4 above.

2.5.2

The transferred employee will be in an introductory period for 90-days during which the

employee is subject to the guidelines established in Section 2.6 with exceptions noted

herein.

2.5.3

Upon approval of the transferred employee’s original Executive, transferred employees

shall retain their benefits in accordance with the benefits package available in the new

position.

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2.5.4

Transferred employees will have access to the grievance process during their introductory

period.

2.5.5

Transferred employees will continue to accrue but will not be eligible to use their annual

leave during the introductory period in the new position.

2.5.6

Any transferred employee who is dismissed on or before the 90th day of their introductory

period shall not be eligible for reinstatement in their former position.

2.5.7

Annual leave will be paid by the Program or Department the employee is leaving or with

the approval of the Executive of the new position, the employee may transfer their annual

leave balance.

2.6

INTRODUCTORY PERIOD FOR NEW EMPLOYEES

The introductory period for new employees lasts 90 calendar days from date of hire.

Employees working during the introductory period are employed “at will”. This means

either the employee or the Nez Perce Tribe may terminate the employment relationship at

any time, with or without notice and with or without cause. Introductory employees do not

have access to the grievance procedures set forth in HRM 5.8.

2.6.1

During the introductory period, employees will be rated on productivity, quality of work,

punctuality, attendance, ability to learn, initiative, attitude and conduct. Upon satisfactory

completion of the introductory period, an employee will become a regular employee.

2.6.2

The introductory period shall begin with the date of employment and shall be effective for

a ninety-day period thereafter. The Executive shall insure that a minimum of one evaluation

will be conducted during this period. The employee shall be rated on productivity, quality

of work, punctuality, attendance, ability to learn, initiative, attitude and conduct. Failure

by the Executive and any supervisors under their direction to follow through with

evaluations shall be subject to disciplinary action.

2.6.3

During the introductory period, employees will accrue sick leave and will be entitled to use

accrued sick leave. Introductory employees will not accrue annual leave until successful

completion of the introductory period. Employees are eligible to contribute to the

Retirement Plan beginning with their date of hire.

2.6.4

Under no circumstances shall the introductory period exceed 90 calendar days. If no official

written personnel action has been taken to terminate an introductory employee during the

90 day introductory period, the employee shall automatically become a regular employee.

The employee’s supervisor shall initiate written personnel action to effect the change.

2.6.5

Any promoted employee who is dismissed on or before the 90th day of their introductory

period shall not be eligible for reinstatement in their former position.

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2.7

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PERFORMANCE AND EVALUATION

Each employee’s job performance shall be reviewed a minimum of once each calendar year

by the immediate supervisor. If a supervisor fails to complete the evaluations, disciplinary

action may result. These reviews will provide a basis for rewarding good performance and

for identifying performance deficiencies and taking corrective action. In addition, the

review process will provide tribal management with a fair and effective tool for making

personnel decisions. Staff will be involved in each supervisor’s evaluation (Appendix C).

The review process is designed to meet the following goals:

2.7.1

Improve the employee’s understanding of job duties and rate how well the employee is

performing the duties set forth in the class description.

2.7.2

Help each employee identify and correct skill or performance deficiencies, if it is

determined that such deficiencies can be corrected.

2.7.3

Help administrators make decisions about salary, promotions, training, corrective action

and other personnel actions.

2.7.4

Provide a means for communicating individual employee performance to the employee and

immediate supervisor.

2.7.5

Provide an opportunity for the employee to discuss their goals and desires for the position

and the organization.

2.8

EVALUATION RESULTS

The employee’s job performance evaluation may result in any of the following actions:

2.8.1

Employees with identified performance of skill deficiencies will receive counseling

designed to help the employee correct the deficiencies, let the employee know what will

be expected in the future and what the consequences will be if the employee’s performance

does not improve.

2.8.2

The employee may be given a merit increase based upon exceptional job performance

(“Exceptional job performance is ratings that are in the very good or outstanding columns

on the evaluation form”) as demonstrated by the documentation provided by the employee

and the evaluation.

2.8.3

The employee may be placed on a corrective action plan.

2.8.4

The employee may be demoted to a lower grade and salary, demoted in job responsibility

or terminated.

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2.9

CAREER DEVELOPMENT POLICY

The Nez Perce Tribe encourages self-sufficiency and self-government. The Tribe

advocates employees to set goals for promotion. The Tribe supports career development

and encourages employees to take courses that enhance their educational background in a

field of their choice. The Tribe strongly encourages tribal member employees to work

towards two and four year college degrees as well as graduate level pursuits. An employee

must fill out a career development plan to be placed in their personnel file and reviewed on

a semester basis or annual basis with their immediate supervisors. Career Development

Plan is in Appendix D.

2.10

POSITION RECLASSIFICATION

All positions shall be assigned to a class. The class may include a single position, or a

grouping of positions which are sufficiently alike in duties, functions, and responsibilities,

so that they may be identified by the same class title, use the same class specification, and

are assigned a salary grade.

2.10.1 Class descriptions for each Tribal position will be prepared and maintained in a manner

that they will accurately describe the duties and responsibilities inherent in the position.

Titles will be designated by the Executive, with concurrence by the Human Resources. The

Human Resources Office will have authority and responsibility to research, study, and

propose necessary changes to the NPTEC.

2.10.2 From time to time, changes occur in the responsibilities of a position that require review in

order to determine whether such changes dictate a change in classification for the position.

Such changes can result from gradual additions and responsibilities or department

reorganization. The position reclassification process is in Appendix E.

2.11

PROHIBITION OF HARASSMENT AND DISCRIMINATION

2.11.1 Harassment. Harassment is verbal or physical conduct that denigrates or shows hostility or

aversion toward an individual because of his/her race, color, religion, gender, national

origin, age, or disability, or that of his/her relatives, friends, or associates, and that: (1) has

the purpose or effect of creating an intimidating, hostile, or offensive working

environment; (2) has the purpose or effect of unreasonably interfering with an individual’s

work performance; or (3) otherwise adversely affects an individual’s employment

opportunities.

2.11.2 Harassing conduct includes, but is not limited to, the following: (1) epithets, slurs, negative

stereotyping, or threatening, intimidating or hostile acts that relate to race, color, religion,

gender, national origin, age, or disability and (2) written or graphic material that denigrates

or shows hostility or aversion toward an individual or group.

2.11.3 Sexual Harassment. Sexual harassment includes unwelcome sexual advances, requests for

sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission

to such conduct is made either explicitly or implicitly a term of condition of an individual’s

employment, (2) submission to or rejection of such conduct by an individual is used as the

basis for employment decisions affecting such individual, or (3) such conduct has the

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purpose or effect of unreasonably interfering with an individual’s work performance or

creating an intimidating, hostile, or offensive working environment.

2.11.4 Employee Complaints of Harassment. The Nez Perce Tribe has a policy of not only

prohibiting, but also endeavoring to prevent, harassment. Any employee who feels that a

violation of this policy has occurred should immediately report the matter to his or her

supervisor. If that person is unavailable or the employee believes it would be inappropriate

to contact his or her supervisor, the employee should contact the Executive, the equal

employment officer or other appropriate management personnel.

2.11.5 The Human Resources Office will investigate all complaints of harassment. When

harassment is found to have occurred, remedial action taken will include action against the

party engaging in the harassment and action for the recipient of the harassment. Any

violation of this policy will result in immediate corrective action.

2.11.6 The complaining employee and any directly involved persons will be informed when a

final decision is made on a complaint. If Human Resources employees are involved in such

a complaint, the NPTEC Chairman will investigate. The information provided will include

whether the Human Resources Office found substantial evidence to support or not to

support the complaint and, if the former, that some discipline has been imposed.

2.11.7 The exact discipline imposed will generally not be disclosed to the complainant or the

alleged victim(s) if other than the complainant. If an Executive is involved in such a

complaint, the Office of Legal Counsel shall complete the entire investigation and make

written recommendations to NPTEC.

2.11.8 Individuals who lodge good faith complaints or who participate in an investigation will not

be retaliated against or otherwise treated adversely related to their reporting of the situation

or participation in an investigation.

2.12

RULES PERTAINING TO EXECUTIVES

The Executives, as defined in 1.3.1—the Executive Director, Law & Order Executive

Officer, and Enterprise Executive Officer—serve at the discretion of the Nez Perce Tribal

Executive Committee because of the highly sensitive and confidential nature of the work

that they perform in the name of the Nez Perce Tribal Government. Each of these

employees shall be hired to a level of accountability commensurate with the sensitive and

key roles they hold within the Nez Perce Tribal Government. None of these employees,

therefore, are entitled to utilize the grievance policy and procedures described in section 5

of this Manual. (10/13/2020 – NP 16-191 AMENDED)

SECTION 3: SALARY AND PAYROLL ADMINISTRATION

3.1

WAGE AND SALARY SCHEDULE

All employees shall receive the compensation provided in the salary schedule for the salary

range of the position in which they are employed. A copy of the Salary Schedule is attached

to this Manual as Appendix F.

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3.1.1

New Employees: Based upon the wage and classification schedule (Appendix F), new

employees shall be employed at the entry level of the range established for the position as

stated in the class description, unless the Executive determines otherwise.

3.1.2

All Employees: The Nez Perce Tribal Salary schedule provides for merit increase based on

an exceptional performance evaluation as provided in this policy in Appendix G.

3.1.3

Longevity Increase: An employee will be eligible for a ten-year (20,800 hours), one step

longevity increase as well as increases in five-year increments thereafter. The employee

must initiate the request to the appropriate supervisor. This increase includes service with

Tribal Affiliates (Appendix H) and Military Service Time.

3.1.4

Implementation: The employee’s appropriate hiring authority shall forward an Employee

Action Notice with the necessary salary adjustments.

3.1.5

Interim Positions: Any employee appointed to a vacated position by the Executive or the

NPTEC Chairman to perform in an interim managerial or supervisory position shall be

compensated accordingly; and documented with an Employee Action Notice.

3.2

SALARY INCREASES (RAISES)

All merit increases shall be subject to HRM Section 2.7 and 2.8. All salary increases shall

be approved by the appropriate Executive with the following exceptions:

3.2.1

Salary increases for Executives shall be initiated by the NPTEC Chairman. Each

September, an Executive may recommend a Cost of Living Allowance (COLA) adjustment

to the entire salary schedule for NPTEC consideration. The Finance Manager will

implement any COLA’s approved by NPTEC by adjusting the entire salary schedule

accordingly and COLA’s are not considered as part of the yearly merit increase.

3.2.2

Salary increases for the Executives shall be approved by the Nez Perce Tribal Executive

Committee.

3.2.3

Merit increases may not exceed two steps per year.

3.3

PAY PERIODS AND PROCEDURES

Shall be in accordance with the Finance Manual.

3.4

COMPENSATORY TIME

The normal work week consists of 40 hours per week. Non Exempt Employees who are

authorized by their immediate supervisor to work more than 40 hours per week may take

compensatory time off. Employees will receive one and one-half hours of compensatory

time for each authorized hour worked over 40 hours per week. If taking approved leave

during the 40 hour work week, employees will be compensated hour for hour as authorized.

3.4.1

Compensatory time shall be taken within ninety (90) days in which it is worked or at the

discretion of the supervisor; the employee will be compensated for the hours worked.

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3.4.2

Employees who are eligible to take compensatory time must arrange for the time off in

advance with the employee’s immediate supervisor.

3.4.3

The employee’s immediate supervisor will maintain records of each employee’s eligibility

to take compensatory time and the employee’s use of compensatory time.

3.4.4

Lunch time in the office will not be counted as compensatory time unless the employee is

expressly requested by the immediate supervisor to remain at the workstation.

3.4.5

Exempt employees do not earn and are not entitled to Compensatory time off. Exempt

employees may be allowed discretionary time off with pay as approved by their supervisor.

3.5

PAYMENT FOR TRIBAL BOARDS, COMMISSIONS AND GENERAL COUNCIL

Employees who participate in non-job related elective or appointed office must be on their

own time; annual leave or leave without pay.

SECTION 4: GENERAL POLICIES GOVERNING PERSONNEL

4.1

WORK HOURS AND ATTENDANCE

The Nez Perce Tribe’s normal work week consists of 40 hours. Any deviation from these

guidelines must be approved by the Executive.

4.1.1

Tribal business hours shall be 8:00 a.m. to 4:30 p.m., with a 30-minute lunch break at 12:00

noon and two 15-minute breaks, one in the mid-morning and one in the afternoon.

4.1.2

Some employees, due to work requirements, work different hours. The daily schedule, i.e.,

lunch period and rest breaks, should roughly approximate the duration and timing of breaks

scheduled for the standard Tribal business day.

4.1.3

Employees, with their supervisor’s permission, may take up to one hour for lunch to

participate in the Tribe’s exercise program. This includes walking, running, playing

basketball, volleyball, or tennis, weight training or other athletic activities that provide

exercise.

4.1.4

Employees, with their supervisor’s permission, may take up to one hour for lunch to

participate in educational activities. (i.e., language classes, public school activities, award

assemblies, Head Start activities, etc.).

4.1.5

Employees taking advantage of the noon exercise program shall not take additional time

off for lunch before, during or after the exercise hour.

4.1.6

Effective October 1, 2007, employees will not be allowed to work at home and be

compensated for their time.

4.2

TRAVEL

Routine travel, on or near the reservation, which is consistent with the employee’s class

description constitutes authorized travel. Approval for travel and travel advances shall be

obtained in accordance with the procedures of the Finance Manual.

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4.3

NEPOTISM

Nepotism is defined as a display of favoritism on the basis of family relationships. Because

Nez Perce Tribal Members and many employees are related to one another, the nepotism

policy is not drawn to exclude all family members from dealing with each other in Tribal

business matters. The policy is drawn, however, to eliminate the potential for favoritism in

personnel dealings between close family members who are Tribal employees. The antinepotism policy shall be defined by the following guidelines:

4.3.1

Close or immediate family members include the following relatives: Mother, father, son,

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

daughter) and biological grandparents/grandchildren, adopted father, mother, brother,

sister and grandparents or any other relative living in the same household.

4.3.2

No person shall hold or shall be hired, promoted, demoted, or transferred to a job, which

requires the employee to directly supervise or be supervised by an immediate family

member.

4.4

OUTSIDE EMPLOYMENT

The Nez Perce Tribal Executive Committee established the following policies in regard to

outside or self-employment by Tribal employees:

4.4.1

Employees may engage in outside or self-employment unless the supervisor or the

department or division determines that such employment:

(A)

(B)

(C)

Detracts from the employee’s performance and efficiency;

Conflicts with the interest of the Nez Perce Tribe; or

Discredits the Nez Perce Tribe.

4.4.2

Employees may hold more than one (1) part-time position within the Tribe as long as they

do not work over 40 hours a week.

4.4.3

No full-time employee shall hold another full or part-time job within the Tribal

organization without prior written approval from their immediate supervisor, and the

Executive.

4.4.4

Consulting to the Tribe is allowed by an employee as long as it does not directly relate to

the position in which the employee is serving full time and is not conducted during normal

working hours.

4.5

POLITICAL ACTIVITY

Employees are encouraged to assume leadership positions and citizen participation roles in

tribal, public affairs and professional societies.

Employees who hold non-job related elective or appointed office for non-job related

activities (other than NPTEC) shall deal with the requirements of the office on their own

time.

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No employee shall speak on behalf of the Nez Perce Tribe, on any policy matter without

the prior express approval of NPTEC. When an employee speaks on job related activities

for the organization, statements shall be accurate and show proper respect for the Nez Perce

Tribe.

4.6

RECEIPTS OF FAVORS OR GIFTS

Employees may not accept favors, gifts, or other forms of compensation from vendors,

contractors or any other persons who has or who proposes to have business dealings with

the Nez Perce Tribe.

4.7

NO SOLICITATION

The Nez Perce Tribe does not allow employees or any other persons to solicit its employees

during working time. Accordingly, the following no-solicitation policy is in effect:

4.7.1

No employee shall solicit for any cause or organization during his or her working time or

during the working time of the employee or the employees solicited. For the purpose of

these rules “working time” does not include meal time.

4.7.2

No employee shall distribute or circulate any electronic, written or printed solicitation

material in work areas at any time, during his or her working time, or during the working

time of the employees to whom such activity is directed, regardless of location.

4.7.3

Employees not on shift must not be on tribal premises except on work related business. For

the purpose of this rule, “tribal premises” includes the interior and exterior of work areas.

Any exception to this rule requires permission from the supervisor.

4.8

RESIGNATION

An employee may, at any time and for any reason, voluntarily terminate employment by

resigning.

4.8.1

The Nez Perce Tribe requires that its employees must give ten (10) working days written

notice of intended resignation. Non-compliance of this section will result in termination.

Exceptions may be granted, if approved by the Executive.

4.8.2

Once the supervisor is given notice of resignation, the supervisor shall initiate an Employee

Action Notice (EAN) that documents the effective date of the resignation. This EAN and

the letter of resignation will become a permanent part of the employee’s personnel file.

4.9

DISMISSAL

When circumstances warrant, an employee may be terminated. The general guidelines

governing involuntary termination are contained in section 5. The instrument of dismissal

shall be an Employee Action Notice for termination signed by the appropriate officials as

designated below:

4.9.1

The Executives shall be terminated by appropriate resolution of the Nez Perce Tribal

Executive Committee.

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4.9.2

Except for the Executives, all employees may only be terminated according to the process

defined in section 5.4 of this Manual. (10/13/2020 – NP 16-191 AMENDED)

4.9.3

Involuntary terminations of employees are subject to the grievance procedure of section 5

of this Manual, subject to the exceptions defined in sections 2.6 and 2.12. (10/13/2020 – NP

16-191 AMENDED)

4.9.4

Should a terminated employee be reinstated prior to, or as a result of, the grievance process,

the employee shall be entitled to all leave and other benefits that would have accrued and

paid for all hourly wages withheld from the date of termination through date of

reinstatement.

4.9.5

Any employee who is terminated “for cause” shall not be appointed to another position in

the Tribal employment structure without approval of the NPTEC.

4.10

REDUCTION IN FORCE

A reduction in force or lay-off of employees may occur due to a number of reasons,

including reduction in program funding.

4.10.1 When more than one employee is affected by a reduction in force, the Executive shall

establish lay-off criteria, in consultation with Human Resources. The Executive retains

absolute discretion to decide which criteria he/she will consider and how much weight

he/she will give each criteria in making these employment decisions.

4.10.2 Employees laid off during a reduction in force shall be given preference priority and rehired

should their job become available again and/or for available jobs within the Tribal

organization for which the laid-off employee is qualified, unless they have accepted and

appointed to another position of employment with the organization. This preference shall

be in effect for a period not to exceed 90 days and as outlined in Section 2.

4.10.3 The Nez Perce Tribe will give a minimum of ten (10) working days’ notice of a reduction

in force. Exceptions may be granted, with approval of the Executive.

4.11

DEATH

Upon the death of an employee, all compensation and benefits due will be calculated and

paid to the employee’s designated beneficiary or by natural order.

4.12

CONFIDENTIAL INFORMATION

No employee shall disclose privileged information about clients, personnel actions,

property acquisitions, tribal financial transactions, policy actions prior to implementation

or any other confidential information to unauthorized individuals or entities. This

prohibition applies during and after the employment relationship. Unauthorized disclosers

that can be documented may be grounds for disciplinary action including termination or

legal action. Employee Confidential Statement is in Appendix I.

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SECTION 5: EMPLOYEE RELATIONS

5.1

GENERAL CONDUCT

Each tribal employee is a representative of the Nez Perce Tribe. In this role, each employee

is obliged to conduct themselves in a manner that will reflect positively upon the Nez Perce

Tribe. Each employee shall be subject to the following responsibilities and constraints:

5.1.1

Employees shall at all times promote good relations between the Tribal government and

those people in the reservation and non-reservation community by performing quality work

and by displaying a positive service attitude.

5.1.2

A tribal employee shall not assume the role of a policy spokesman for the Nez Perce Tribe.

Individuals elected or appointed to tribal office or employees who are delegated to speak

on behalf of the Nez Perce Tribal Executive Committee are exempted from this policy but

shall confine their activities strictly to that category in which they are assigned.

5.1.3

Tribal employees shall conduct themselves and shall dress according to the normal

performance demands of their work stations, utilizing accepted protocol standards and

safety.

5.1.4

Employees shall not bring children into the work stations during working hours and are

required to keep social visits to a minimum during working hours. Children shall be

allowed to check in with parents before and after school as long the visit is kept to a

minimum. Children are not allowed to loiter in or around the Tribal offices waiting for the

parent/s to complete their workday. Children are not allowed to utilize Tribal equipment in

the offices or break rooms such as computer equipment, microwaves, photocopiers, etc.

Nursing mothers may be afforded nursing time to nurse children if authorized by their

immediate supervisor and time away from workstation is not excessive.

5.2

EMPLOYEE RELATIONS

All employees shall respect each other’s basic human rights and human dignity and shall

work cooperatively in performing tribal services. Appendices that relate directly to

Employee Relations are the Drug Free Work Workplace (Appendix P) and the AIDS Policy

(Appendix Q).

5.2.1

No employee shall ridicule or reprimand another employee in public or in the presence of

co-workers during normal working hours or while attending a conference, meeting, training

or other such function while such conference, meeting, training or other such function is in

session.

5.2.2

All personnel shall express their occupational differences of opinion or any other difference

of opinion respectfully.

5.2.3

No employee shall discriminate against another employee on the basis of race, religion,

age, sex, or any other protected class.

5.2.4

Employees shall cooperate one with another in the execution of their duties.

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5.2.5

All employees shall, when requested, share non-privileged work information or knowledge

with fellow personnel during work activities.

5.3

WHISTLE BLOWER POLICY

5.3.1

Reporting of improper activities without retaliation. An employee may file a written

complaint with the Executive, or his designee, with a copy to the Human Resources Office,

communicating in good faith the existence of waste of tribal finances, property or

manpower, or a violation of a law, rule or regulation under the Nez Perce Tribe’s Human

Resources Manual, Finance Manual or Tribal Code. The complaint must be supported by

documentation or other evidence. Unsupported allegations will not be considered.

5.3.2

Investigation. The Executive or designee shall conduct an investigation into the complaint.

For complaints against the Executives, the NPTEC Chairman or their designee shall be

responsible to conduct the investigation. A response to the complainant shall be provided

within ten (10) business days. Such response will not contain any confidential personnel

information. Specific findings will be reported to the appropriate supervisor within the

same time frame, which shall include a determination as to whether the complaint was

made in good faith or was frivolous.

5.3.3

Retaliation. A supervisor or another employee may not take adverse action against an

employee because the employee, or a person authorized to act on behalf of the employee,

communicates in good faith the existence of any waste of tribal or grant funds, property or

manpower, or a violation or suspected violation of a law, rule or regulation under the Nez

Perce Tribe’s Human Resources Manual, Finance Manual or Tribal Code.

A supervisor or another employee may not take adverse action against an employee

because an employee participates in good faith or gives information in good faith for an

investigation, hearing, court proceeding, legislative or other inquiry, or other form of

administrative review.

5.3.4

Improper Complaint. An employee who makes a bad faith or frivolous complaint of

improper activities shall be subject to disciplinary action in accordance with Section 5.4

and 5.5 of the Human Resources Manual. The findings shall be reported to supervisor, who

will determine appropriate personnel action, if any.

5.4

DISCIPLINE-GENERAL GUIDELINES

It is the policy of the Nez Perce Tribe to take or authorize corrective measures when an

employee engages in conduct or activities which detract from the effectiveness of the

employee’s work performance or which is contrary to the best interest of the Nez Perce

Tribe. Any or all of the following progressive steps of discipline may be utilized, depending

on the individual circumstances and the nature of the infraction.

All acts of discipline unless otherwise indicated under section 5.5 shall be initiated within

five (5) working days of supervisor’s knowledge of said infraction and shall be documented

in writing by the disciplined employee’s immediate supervisor and shall be incorporated

into the employee’s permanent personnel file.

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This list is provided as a general guideline and does not restrict the supervisor’s discretion

to discipline or discharge employees for any appropriate reasons.

5.4.1

Corrective counseling. This is an informal and documented discussion between the

employee and his or her Supervisor. The Supervisor should detail the reason(s) for the

discussion and give the employee an opportunity to respond. The supervisor should then

let the employee know what will be expected in the future and what the consequences will

be if the performance does not improve. When appropriate, the supervisor will provide

management personnel with the copies of all informal and documented discussions.

The Nez Perce Tribe’s hope is that the counseling process will allow the employee to meet

the Tribe’s expectations and will make any further disciplinary action unnecessary.

5.4.2

Verbal reprimand. If an employee has violated a policy or procedure, the employee’s

supervisor shall, immediately, discuss the infraction with the employee and warn the

employee not to repeat the infraction. Such infraction shall be documented and placed in

the employee’s file.

5.4.3

Written reprimand. This may be used when other corrective action steps have not worked

to help the employee correct the problem or where the problem is considered severe. The

written warning step requires immediate and continued improvement. The written warning

remains in the employee’s personnel file. Further corrective action will result from any

recurrence of the problems addressed in the written warning or any other discipline or

performance problems.

5.4.4

Suspension. Suspension is a corrective action step used by the Executive in more serious

circumstances. For example, it may be used when it is necessary to remove the employee

from the workplace so that a complete and fair investigation of the incident(s) may be

made. Generally, suspension will last for that period of time deemed necessary by the

Executive and may be paid or unpaid, depending on the circumstances.

5.4.5

Termination. This is the most serious disciplinary action the Nez Perce Tribe can take. Any

employee who is involuntarily terminated from employment with the Nez Perce Tribe loses

all employment seniority and all service time for leave earning privileges.

5.4.6

For offenses not described in Section 5.5 below, it is the responsibility of the appropriate

supervisor to apply disciplinary action as described in sub-sections 5.5.1 through 5.5.5

commensurate with the severity of the infraction. Such offenses shall be referred to the

Human Resources Manager for inclusion per section 1.3 Manual Revisions.

5.4.7

All acts of discipline unless otherwise indicated under section 5.5 shall be initiated within

five (5) working days of supervisor’s knowledge of said infraction and shall be documented

in writing by the disciplined employee’s immediate supervisor and shall be incorporated

into the employee’s permanent personnel file.

5.4.8

The Tribe will generally provide progressive discipline, but any of the steps above may be

skipped at the discretion of the Executive.

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5.5

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INFRACTIONS AND DISCIPLINE GUIDELINES

As a general rule the following kinds of violations will be dealt with by the following

sequence of disciplinary actions. Any violations not described in this section which may

occur and have been addressed under subsection 5.4.6 above shall be referred to the Human

Resources Manager.

5.5.1

Tardiness, excessive absence or unauthorized absence from

work

1st Verbal reprimand

2nd Written reprimand

3rd

Suspension

4th

Termination

5.5.2

Loitering, or leaving work station during work hours without

authorization. Visiting other Employees during working

hours.

1st Verbal reprimand

2nd Written reprimand

3rd

Termination

5.5.3

Willful violation of safety rules or carelessly endangering the

safety of self or others.

1st Written reprimand

2nd

Termination

5.5.4

Failure to report an on-the-job injury occurring in accordance

with established guidelines.

1st Written reprimand

2nd

Termination

5.5.5

Threatening, coercing or interfering with fellow employees

during work hours, or retaliating against an individual.

1st

2nd

5.5.6

Making false, vicious, or malicious statements about any

employee of the Nez Perce Tribe.

1st Written reprimand

2nd

Suspension

3rd

Termination

5.5.7

Misusing, destroying, or damaging any Tribal property during

work hours.

1st Written reprimand

2nd

Termination

5.5.8

Employee’s failure to meet the reasonable expectations of

his/her Employment.

1st Written reprimand

2nd

Termination

5.5.9

Disclosing without authorization from one’s immediate

supervisor, Tribal or program information.

1st Written reprimand

2nd

Termination

5.5.10

Provoking a fight or fighting during work.

1st

2nd

Suspension

Termination

5.5.11

Sleeping on the job.

1st

2nd

Suspension

Termination

5.5.12

Insubordination or refusing to carry out a valid work or task

request made by one’s authorized supervisor.

1st Written reprimand

2nd

Termination

5.5.13

By-passing the appropriate chain of authority or procedure.

1st Verbal reprimand

2nd Written reprimand

3rd

Termination

5.5.14

Falsifying work-related records or theft of tribal property.

1st

2nd

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5.5.15

Threatening to use or possessing dangerous weapons or

explosives on Tribal administrative properties without

authorization.

1st

2nd

Suspension

Termination

5.5.16

Removal of any tribal property from work premises without

written authorization of one’s immediate supervisor.

1st

2nd

Suspension

Termination

5.5.17

Reporting for work under the influence of alcohol or illegal

drugs.

1st

Suspension

for three days without pay

& corrective counseling /

treatment

2nd

Suspension

for five days without pay

plus probation

3rd

Termination

Suspension

Termination

5.5.18

Consumption, possession or sale of alcohol or any drugs while

on the job.

1st

2nd

5.5.19

Violation of the Finance Manual.

1st Verbal reprimand

2nd Written reprimand

3rd

Suspension

4th

Termination

5.5.20

Job abandonment, unauthorized absence from work for five

days.

1st

5.5.21

Computer misuse.

1st Written reprimand

2nd

Suspension

3rd

Termination

5.5.22

Neglect or willful refusal to conform to the grievance process.

1st Written reprimand

2nd

Suspension

3rd

Termination

5.5.23

Unauthorized access to Tribal offices.

1st Written reprimand

2nd

Suspension

3rd

Termination

5.5.24

Harassment.

1st

2nd

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5.6

GRIEVANCE PROVISION

A grievance is a formal complaint lodged by an employee regarding disciplinary action

taken against the employee. Any regular employee who has been suspended, reduced in

pay, demoted or dismissed shall have the right of appeal to the Grievance Process. Notice

of the appeal must be filed not later than five (5) days after the effective date of the action.

The employee’s notice of appeal must be in writing and must set forth the reason why the

disciplinary action is thought to be improper. Human Resources will promptly review and

equitably address grievances of individual employees or group of employees, which have

been submitted through the process. Human Resources shall furnish the Program Manager

concerned with a notice of the grievance in advance of the hearing through the grievance

process as outlined in section 5.8.

5.6.1

Only regular and seasonal employees have the right to appeal disciplinary actions.

Employees who have not successfully completed the introductory period do not have

access to this grievance process.

5.6.2

No employee will be retaliated against or subjected to discrimination for filing a grievance

regardless of its disposition.

5.6.3

Whenever possible, employees and immediate supervisors are encouraged to resolve

potential grievance issues on an informal and mutually cooperative basis. Human

Resources is available to assist with this process.

5.6.4

Until a grievance has been settled, all parties involved shall refrain from discussing the

grievance outside formal proceedings of the grievance process itself.

5.6.5

A decision becomes binding on all parties whenever an employee does not file a timely

appeal or when a decision is made in the final third step.

5.7

THE NEZ PERCE TRIBAL HEARING OFFICER

5.7.1

If the Human Resources Office Hearing Officer has a conflict with the grievance at issue,

i.e., if the grievant is a family member, an alternate Hearing Officer will be appointed.

5.7.2

The Hearing Officer shall conduct a hearing on the second Wednesday of each month

unless no grievance requests shave been filed, in which case the Hearing Officer will

conduct a hearing on the second Wednesday of the next month in which a grievance has

been filed.

5.8

GRIEVANCE PROCEDURE

Grievances filed by Tribal employees will conform to the three step procedure set forth

below:

5.8.1

Step One

(A)

A written grievance statement must be presented by an employee to the immediate

supervisor within five (5) days of the effective date of the action at issue. A copy

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must be provided to the Human Resources Manager. If the grievance involves the

immediate supervisor, the employee may proceed directly to step two (2).

5.8.2

(B)

Within five (5) working days of the presentation of the written grievance statement,

the immediate supervisor shall meet with the grievant to discuss the grievance.

Within five (5) working days of this meeting, the supervisor shall return in writing

his/her decision for the disposition of the grievance. The supervisor will meet with

the grievant to discuss and/or resolve the grievance.

(C)

If a supervisor fails to arrange a grievant discussion meeting within five (5) working

days of the presentation of a grievant statement, or if a supervisor fails to return a

written disposition of a grievance within five (5) working days of a grievant

meeting, an employee may present the grievance to the supervisor’s immediate

supervisor. This will initiate the second step of the grievance procedure.

(D)

If the supervisor’s disposition of the grievance is satisfactory, the grievant shall

acknowledge acceptance of the supervisor’s disposition by writing on the grievant

response document “I accept the disposition offered above” and by signing and

dating the acceptance statement. The Human Resources Office will log the

grievance and provide a receipt to the Grievant.

(E)

If the grievant and the supervisor cannot agree on a disposition of a grievance, the

grievant may file the grievance statement with the supervisor’s immediate

supervisor within five (5) working days after the supervisor returns, or should have

returned, written disposition on the grievance. This will take the matter to the

second step of the grievance process.

Step Two

(A)

In this step, a written grievance statement must be presented to the Program

Manager or Executive.

(B)

Within five (5) working days of the presentation of the grievance statement, the

Program Manager or Executive will meet with the grievant(s) to discuss the

grievance. Within five (5) days of this meeting, the Program Manager shall return

in writing their decision for the disposition of the grievance.

(C)

If the Program Manager or Executive fail to hold the grievance meeting or to return

the grievant disposition within the specified time limits, an employee may submit

the presentation of the grievance to the Nez Perce Tribal Hearing Officer, thus

initiating step three of the grievance process. Presentation to the Human Resources

Office must occur within five working days after the date the written decision was,

or should have been presented to the aggrieved employee.

(D)

If an employee is not satisfied with the Program Manager’s or Executive’s

disposition of the grievance in Step Two, the employee may request presentation

of the grievance to the Nez Perce Tribal Hearing Officer within five (5) working

days. This will initiate the third step of the process.

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Step Three

(A)

In step three, the employee must present a written grievance to the Human

Resources Office who will maintain all grievance records on behalf of the Hearing

Officer. The Human Resources Office will immediately notify the Hearing Officer

and the grievance shall then be scheduled for the next Hearing Officer hearing.

(B)

Both the grievant and the involved management personnel shall be given an

opportunity to present in the Hearing any additional information not in their written

statement, before the Hearing Officer. (Hearing Procedures attached as Appendix

J) The Hearing Officer may request additional hearing, hear witnesses, or take any

other action it deems appropriate to resolve the grievance. The Hearing Officer shall

render a decision of the grievance within two (2) weeks of the first hearing session

on the grievance. No grievance procedure exists beyond the decision of the Hearing

Office.

(C)

The only action an aggrieved employee may take beyond step three of the grievance

process is the filing of a legal complaint with the Nez Perce Tribal Court.

(D)

No portion of the grievance process shall be construed to allow for the hearing of

grievances by the Nez Perce Tribal Executive Committee (NPTEC). All grievances

are restricted and limited to the three (3) step process set forth above.

5.9

OTHER EMPLOYEE COMPLAINTS

All other employment related complaints must be taken to the Human Resources Office

with a copy to the immediate supervisor. The Human Resources Office will meet with the

employee and the immediate supervisor to discuss the issue and/or try to resolve the

complaint. If no resolution is obtained, the complaint will be processed through the

appropriate chain of command. The Executive shall have final determination based on the

documentation of the complaint. (Complaint Form Appendix K). Employees directly

supervised by the Executive shall process the complaint to the NPTEC Chairman for final

determination based on the documentation of the complaint.

5.10

EMPLOYEE PHYSICAL EXAMINATION

An offer of employment may be contingent upon an applicant’s successful completion of

a medical examination, and if multiple finalists are tested, contingent on an available

position to fill from the list. The Nez Perce Tribe may require finalists on an eligibility list

or the leading applicant to take a pre-employment physical examination. If required, this

examination will be provided by the Nez Perce Tribe at its expense. Any information

gathered will be treated as a confidential medical record.

In order to ensure continued qualification for employment, the Nez Perce Tribe periodically

may request its employees to submit to a medical examination at the Nez Perce Tribe’s

expense.

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5.11

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BACKGROUND CHECKS

Employees in sensitive positions or where contact with children, juveniles and vulnerable

adults is included in their job responsibilities shall be required to undergo a criminal history

check at the employer’s expense. Any information gathered will be treated as confidential.

Such investigation shall occur within the first 90 days of employment or prior to

employment. The Nez Perce Tribal background check policy will apply. (Background

Policy Appendix L).

5.11.1 Background checks will be conducted based on the class description for all sensitive

positions or positions that provide public service prior to fulfillment of the position.

Background checks conducted after hiring may warrant immediate termination.

5.11.2 Background investigations may be required for other positions, so long as such a check is

reasonably related to the employee’s job or is required by any applicable law.

5.12

HEALTH PRACTICES

All personnel shall observe health practices that contribute to their own fitness and to the

services effectiveness of all Tribal components. Personnel shall observe these health

practices:

5.12.1 Employees should not report to work if they are ill. A sick employee performs poorly,

prolongs the recovery process and endangers the health of other employees.

5.12.2 All employees shall promote a healthy working environment by cooperating with one

another in keeping their work area clean. Employees shall report potential health hazards

to their supervisor immediately.

5.13

SAFETY

The Nez Perce Tribe supports a general program of safety consciousness and safety

practice among employees. The Safety Officer will maintain all documentation regarding

the safety compliance for each employee.

5.13.1 Safety efforts and safety regulations shall be overall responsibility of the Nez Perce Tribal

Safety Officer. All personnel shall cooperate to promote safety and to see that safety

regulations are observed.

5.13.2 Employees shall report unsafe conditions and work practices or any safety violations to

their supervisor.

5.13.3 All such reports shall be investigated, immediately, by the Nez Perce Tribal Safety Officer.

If a report proves to be valid, corrective measures shall be taken immediately to remedy

the problem.

5.13.4 Defensive Driving, CPR and First Aid training may be required for certain positions.

Executives shall be responsible for ensuring that employees obtain the required certificates.

The Safety Officer shall conduct training quarterly. All field personnel must have

Defensive Driving, CPR and First Aid training annually and medical kits available in

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vehicles. Employees are required to notify supervisors if there are any medical conditions

and/or medications that inhibit performance.

5.14

WORKERS COMPENSATION CLAIM PROCEDURES

When an on-the-job accident occurs, employees at the scene shall call for appropriate

medical, police or fire assistance and then immediately report the incident to their

supervisor. The supervisor shall, immediately, notify the Human Resources Office and fill

out an accident report/worker’s compensation form and make certain that a copy of the

accident report is forwarded to the appropriate personnel file within the one day. The

supervisor shall ensure that the employee(s) involved in any accident shall immediately be

evaluated by an appropriate medical provider. Appendix R.

5.15

NEZ PERCE CLEAN AIR POLICY

The passage of the Nez Perce Clean Air Policy is dedicated to all the Nez Perce members

who suffer from commercial tobacco related cancers 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. Appendix S.

SECTION 6 PERSONNEL BENEFITS AND SERVICES

6.1

FRINGE BENEFITS

All employees are entitled to the fringe benefits as outlined in Appendix M.

6.2

HOLIDAYS

All Tribal employees shall be given time off with pay for the following holidays and

memorial days:

New Year’s Day

Martin Luther King Jr.’s Birthday

President’s Day

National Indian Day

Memorial Day

Nez Perce War Memorial Day (Whitebird) June 17th.

Independence Day

Nez Perce War Memorial Day (Big Hole) Aug. 9th.

Labor Day

Nez Perce War Memorial Day (Bear Paw) Oct. 5th.

Veterans Day

Thanksgiving Day (Thursday & Friday)

Christmas

6.2.1

The NPTEC Chairman shall post a notice of all holidays in January of each year

designating the holidays for that year.

6.2.2

If a holiday falls on a Sunday, it will be observed on the following Monday. If a holiday

falls on a Saturday, it will be observed on the preceding Friday. If an employee is

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authorized to work (10) ten hour shifts for four (4) days, the employee is authorized to

observe the holiday on the preceding Thursday.

6.2.3

Regular full-time employees receive one day of pay. Regular part-time employees will

receive a prorated amount based on the number hours they are normally scheduled to work

each day.

6.2.4

An employee authorized by their immediate supervisor to work, and who works on a

holiday will be paid double time or will be given the equivalent in compensatory time.

6.2.5

An employee shall not be charged annual leave or sick leave for leave which occurs on a

holiday.

6.2.6

To be eligible to receive holiday pay, an employee must have been in a paid status the

working day before and the working day after the holiday.

6.3

GENERAL LEAVE POLICY

It is the policy of the Nez Perce Tribe to grant various kinds of paid leaves of absence and

unpaid leaves of absence. All leaves must be authorized. Employees who are absent

without authorization shall be considered absent without leave (AWOL). Leave records

shall be maintained in each employee’s payroll file.

6.4

ADMINISTRATIVE LEAVE

It is the policy of the Nez Perce Tribe to grant authorization for employees to utilize

administrative leave in lieu of other types of leave absence.

6.4.1

The NPTEC Chairman may, under certain circumstances and at his discretion, declare the

Tribal Offices closed. All Tribal employees will be authorized administrative leave for

those working hours affected by the closure.

6.4.2

NPTEC may under certain circumstances authorize administrative leave for employees to

participate in certain events and/or activities such as, but not limited to; cultural activities,

memorials, workshops, donating blood, community clean up, etc.

6.4.3

An employee shall be authorized to utilize administrative leave not to exceed sixteen (16)

hours per calendar year. The sixteen (16) hour limitation shall not apply to administrative

leave granted under Section 6.4.1.

6.5

ANNUAL LEAVE

Annual leave is a benefit for Tribal employees.

6.5.1

Annual leave shall be accrued according to the following:

(A)

Full-time and seasonal employees who have successfully completed the

introductory period will accrue four (4) hours of annual leave each eighty (80)

hours worked.

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(B)

Honorable active duty, military service (evidenced by honorable discharge or

appropriate documentation) shall be considered as employment by the Nez Perce

Tribe for the purpose of computing annual leave.

(C)

Full-time and seasonal employees with the equivalent of three years of service shall

accrue six (6) hours of annual leave each eighty (80) hours worked.

(D)

Full-time employees and seasonal with the equivalent of fifteen years of service

shall accrue eight (8) hours of annual leave each (80) hours worked.

(E)

Temporary employees do not accrue and are not eligible to take annual leave.

Seasonal and Part-time employees who become regular employees will accrue

benefits on a pro-rated basis.

(F)

Regular, part-time employees shall accrue annual leave on a pro-rated basis, based

upon the number of actual hours worked each pay period.

6.5.2

Employees begin to accrue annual leave after successfully completing the introductory

period.

6.5.3

Employees may accumulate up to 240 hours of annual leave benefits. An employee may

not carry over more than 240 hours into the next calendar year.

6.5.4

An employee must arrange annual leave in advance with his immediate supervisor. The

employee must request leave in writing designating the dates requested. Appaloosa Express

Transit system drivers are required to submit their annual leave requests, in writing, two

weeks in advance to keep the service operating at all times with adequate coverage by all

drivers. The supervisor must approve the request in writing.

6.5.5

Employees may be allowed to receive pay for accrued unused annual leave for up to 120

hours per calendar year. Employees may be allowed to receive pay for accrued, unused

annual leave for up to two (2) annual leave pay requests per calendar year. Employees must

maintain a minimum of forty (40) hours in annual leave balance to accommodate both

anticipated and unanticipated annual leave requests. All annual leave pay requests must be

approved by the employee’s supervisor and the Finance Manager.

6.5.6

Upon resignation or layoff, an employee shall be paid for all unused annual leave.

6.6

SICK LEAVE

Regular full-time and seasonal employees shall accrue four (4) hours of sick leave per each

eighty (80) hours worked. Regular part-time employees shall accrue sick leave on a prorated basis, based upon the number of actual hours worked.

6.6.1

Sick leave shall be used only when the employee is ill and cannot come to work or when

employee’s dependents have medical appointments. Approved by Administrative Action # 21

on August 26, 2003.

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6.6.2

An employee shall notify his or her immediate supervisor within one (1) hour before the

scheduled starting time. Employees who use sick leave for a reason which qualifies under

family medical leave must meet the notice requirements of the Family Medical Leave

Policy (FMLP). See section 6.7 below.

6.6.3

Employees who use five (5) consecutive work days of sick leave must submit medical

certification in support of the leave. Employees who qualify may use the FMLP to take

sick leave.

6.6.4

Employees shall not receive payment for unused sick leave under any circumstances.

6.6.5

An employee who has depleted all sick leave may, with the employee’s supervisor’s

approval, take annual leave. If the employee has no annual leave available the employee

may be placed on an unpaid leave of absence.

6.7

FAMILY MEDICAL LEAVE POLICY

Employees are required to file a Family Medical Leave Policy (FMLP) form with the

Human Resources Office at the first medical notification of serious health illness, longterm care, or other types of family medical leave. The Policy is attached as Appendix N.

This policy outlines the Nez Perce Tribe’s voluntary compliance with the federal Family

Medical Leave Act (FMLA).

6.8

UNIFORMED SERVICES LEAVE AND REEMPLOYMENT

6.8.1

General. This policy applies to all employees within the Nez Perce Tribe and is intended

to be in full conformance with all federal and local laws regarding the rights of military

personnel and re-employment of veterans. Nothing in this policy shall subjugate those

rights under the applicable federal or local laws.

6.8.2

A full-time employee who is a member of a reserve component of the United States Armed

Forces shall be allowed leave for required annual military training or duty for a period not

exceeding 15 working days per year. If the time of the training period is optional, the

employee and his immediate supervisor shall mutually arrange a military leave time that is

most compatible with the employee’s work requirements.

6.8.3

Military leave shall be accounted as leave without pay. An employee on military leave shall

continue to accrue annual leave and sick leave credits during the military leave period.

6.9

CONTINUING EDUCATION LEAVE

6.9.1

Regular employees may attend accredited classes to pursue formal college degrees during

work hours under the following conditions.

(A)

That the employee’s absence be approved by his supervisor, in writing as Leave

Without Pay or some other form of employment arrangement is set up with the

employee’s supervisor, such as part-time employment or flexible work schedules.

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(B)

That the proposed schooling be processed through the appropriate channels,

including obtaining Program Manager and Executive’s approval prior to the start

of the schooling;

(C)

The employee shall make their own financial arrangement for such schooling;

(D)

That proof of successful completion of the classes be provided within thirty (30)

days of the last date of the schooling for inclusion in the employee’s personnel file;

and

(E)

That the employee signs a letter of commitment or contract stating that he fully

intends to continue working for the Tribe.

(F)

Failure to successfully complete classes in which continuing education leave has

been authorized shall result in termination of any continuing education leave

authorized.

(G)

Requests must be submitted at least one month in advance with review and approval

of the Program Manager and Executive.

6.9.2

An employee’s request to attend formal schooling will not be approved if the result is to

reduce services to tribal members.

6.9.3

Employee’s requests to attend formal schooling will be determined on a case-by-case basis.

Factors that will be considered are:

6.10

(A)

The length of employment;

(B)

Benefit to the Tribe;

(C)

Benefit to the employee, employees demonstrated commitment toward achieving

higher education goal;

(D)

Past job performance;

(E)

Availability of advancement within the tribal system and grade point average.

JUDICAL DUTY

Leave of absence for jury duty or to respond to a valid subpoena will be granted. An

employee shall be granted a leave of absence with pay. During any paid period of leave,

the employee will be required to sign over any payment the employee receives from the

court for sitting on jury duty. An employee on jury duty will be expected to work as much

of his or her regular scheduled shift as his or her jury schedule permits.

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6.11

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EMERGENCY LEAVE

All employees may be eligible for a paid leave of absence for a death or serious illness in

the employee’s immediate family, attendance at funerals, and inability to report to work

because of unusually severe weather or natural disasters. Eligibility for emergency leave

for death, serious illness or attendance at funerals shall be determined by the employee’s

immediate supervisor. Eligibility for emergency leave because of unusually severe weather

or natural disasters shall be determined by the Executive.

6.11.1 Emergency leave not to exceed five (5) days or forty (40) hours per calendar year may be

granted to an employee due to death, life threatening injury or life threatening illness in the

employee’s immediate family. Immediate family members are defined in sub-section 4.3.1

of this policy. Absence of more than five (5) days for the purposes specified in this subsection shall be unpaid or the employee may be allowed to utilize accrued annual leave.

6.11.2 Up to 16 hours of the 40 hours of emergency leave per calendar year may be used to attend

memorials and /or funerals for members of the employee’s extended family. This leave is

not in addition to the leave granted in section 6.11.1.

6.11.3 Emergency leave shall be granted to employees during the time that extreme weather

conditions or such natural disasters as fires or floods prevent them from working or

reporting to work. Such conditions of emergency shall be determined by the NPTEC

Chairman and announced by suitable means of communication.

6.11.4 Each employee shall report emergency leave circumstances to his or her immediate

supervisor as soon as the employee becomes aware of such circumstances.

6.11.5 If the reason for the emergency leave qualifies as family medical leave, the employee will

be required to meet the notice and medical certification requirement of the family medical

leave policy. Section 6.7 or Appendix N.

6.12

LEAVE WITHOUT PAY

Under circumstances, when other forms of leave are not available, leave without pay may

be granted by the employee’s immediate supervisor.

6.12.1 Under no circumstances shall leave without pay be authorized for more than three (3)

weeks (120 hours) per calendar year without specific written authorization from an

Executive. Under no circumstances shall leave without pay be authorized in order that an

employee may fill another position within or outside the organization.

6.12.2 An Executive may grant a full-time employee leave without pay for a period not to exceed

one year or 2,080 hours.

6.12.3 The Nez Perce Tribe has no obligation to hold an employee’s position or pay level during

a leave without pay, over the authorized period as stated in 6.12.1 or 6.12.2, and the Nez

Perce Tribe cannot guarantee the employee a job if federal law does not require

reinstatement. Employees lose any reinstatement rights they may have when the period of

leave exceeds the authorized period of leave.

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6.13

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FURLOUGHS

When continued and expected funding for a tribal program is delayed for lack of an

approved federal budget or otherwise, employees within that program may be placed on

furlough by the Executive. Seasonal employees may also be furloughed at the end of the

field season. Employee Furlough Statement is in Appendix O.

6.13.1 The purpose of a furlough is to relieve employees of their responsibility to perform their

jobs when funds are temporarily not available to pay their salaries/wages and benefits.

During a furlough, an employee will continue to accrue time for the purposes of calculating

continuous service as a tribal employee.

6.13.2 A furlough is a temporary action in which an employee is notified that he or she will not

be required to report for work beginning on a specific date until further notice. Throughout

the furlough period, the employee does not lose status as an employee and the employee’s

position remains in place. An employee shall be given as much advance notice of a furlough

as possible and shall be notified of the end of the furlough period as soon as possible.

6.13.3 A furlough will end when the expected funds are available to the Tribe for the affected

program. Notice to an employee that a furlough has ended may be in person, by telephone

or in writing to the employee’s home address. Program Managers or Executives shall be

responsible to give notice to furloughed employees from their respective programs.

6.13.4 During a furlough, an employee will continue to accrue time for the purposes of calculating

continuous service as a tribal employee. No actions by the employee is required to return

to work after a furlough. The supervisor shall initiate an Employee Action Notice (EAN)

that documents the effective date of employee’s return, the employee’s pay status and

budget classification. Approved Administrative Action – September 23, 2003.

6.13.5 Employees on furlough will not be eligible to accrue or use any paid leave benefits.

Medical, Life, and Retirement benefits will be determined on a case-by-case basis.

6.13.6 Employees will not be paid their salary/wages while in furlough status. However, in

anticipation of continued Program funding, employees may voluntarily report to work after

being placed on furlough.

6.13.7 Employees who voluntarily report for work during a furlough period must sign a form

provided by the Finance Department confirming that they understand that should their

position of employment not be funded, they will not be compensated for work performed,

or reimbursed for expenses incurred, while on furlough.

6.13.8 The Finance Department shall provide appropriate special forms to document the dates and

hours worked by employees on furlough. Furloughed employees and their supervisors shall

maintain records of hours worked on a daily basis. The form is Appendix O.

6.13.9 If the Program is funded/refunded and retroactive payment is authorized by the funding

agency, those employees who voluntarily worked during the furlough period will be paid

their salary/wages, will be reimbursed for any legitimate expenses incurred and will also

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be credited for sick and annual leave that would have normally accrued during the furlough

period.

6.13.10Employees who did not voluntarily work during the furlough period will not receive any

type of payment or benefits regardless of whether retroactive payment is authorized when

Program funding becomes available.

SECTION 7 GLOSSARY

7.1

ADVANCEMENT: A promotion in career development and a salary increase granted to

an employee by advancing him/her in job step.

7.2

CONFLICT OF INTEREST: A situation wherein the best interests of the employer, the

Nez Perce Tribe, do not coincide with the personal interests of the employee, thus creating

a situation which could impair the employee’s loyalty to the employer or could create the

appearance of the possibility of such impairment.

7.3

DATE OF EMPLOYMENT: The date of hiring approved by an Executive or NPTEC

Chairman.

7.4

DEPARTMENTS: A main unit of Tribal Government assigned one large responsibility

or a number of related responsibilities.

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

Executive Direction

Finance

Office of Legal Counsel

Department of Fisheries Resources Management (DFRM)

Natural Resources

Law and Order Executive Office

Human Resources

Enterprises (Enterprises operate under a separate HRM)

7.5

DEPENDENT: A minor or adult who relies on an employee for care and/or support.

7.6

DETACHED DUTY EMPLOYEE: An employee detached from an agency such as the

Bureau of Indian Affairs or Indian Health Service to work within the management/staff

structure of the Nez Perce Tribe.

7.7

DISCIPLINARY ACTION: Imposition of sanctions to correct or punish employee

conduct detrimental to the Nez Perce Tribe.

7.8

DISMISSAL: Involuntary termination of an employee’s employment from the Nez Perce

Tribe.

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7.9

DIVISION/PROGRAM: A secondary unit of Tribal Government operating within a

department.

7.10

EMPLOYEE: Any person employed by any component of the Nez Perce Tribe.

7.11

EXECUTIVE: The term Executive shall mean the Executive Director, Law & Order

Executive Officer, and Enterprise Executive Officer as set forth in the Organizational Chart

adopted by NPTEC on September 10, 2019. (NP 16-191 AMENDED)

7.12

EXTENDED FAMILY: Biological aunt, uncle, first and second cousins, foster mother,

father, brother, sister-in-law, grandfather, grandmother, and step children.

7.13

FURLOUGH: A temporary action in which an employee is notified that he or she will

not be required to report for work beginning on a specific date until further notice usually

because of a temporary unavailability of funds.

7.14

GRIEVANCE: An employee’s formally lodged complaint regarding disciplinary action

subject to the grievance process.

7.15

GRIEVANT: An employee who has formally lodged a complaint regarding disciplinary

action subject to the grievance process.

7.16

IMMEDIATE FAMILY MEMBER: An employee’s mother, father, son, daughter,

husband, wife, brother, in-laws (mother, father, brother, sister, son, daughter) and

biological grandparents/ grandchildren, adopted father, mother, brother, sister and

grandparents or any other relative living in the same household.

7.17

IMMEDIATE SUPERVISOR: The person responsible for directly supervising the work

of other personnel. This is a role and not a title. Thus, an immediate supervisor may be

anyone with supervisory responsibility.

7.18

INDIAN: A person of at least one-quarter Indian Blood or a member of a federally

recognized tribe.

7.19

INDIAN PREFERENCE: A policy of giving preferential treatment to Indian individuals

in hiring and job upgrading.

7.20

CLASS DESCRIPTION: A comprehensive written description of the objectives to be

accomplished in a position, the work activities required to fulfill those objectives, and the

background knowledge, skills and experience required to effectively carry out those work

activities.

7.21

LEAVE: Authorized release of an employee from work obligations for a specific purpose

and within a fixed time frame. Leave may be paid or unpaid.

7.22

NEPOTISM: Favoritism shown in official business on the basis of family relationships.

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7.23

NEZ PERCE TRIBAL EXECUTIVE COMMITTEE (NPTEC): The nine (9) person

board elected by the General Council of the Nez Perce Tribe. The official governing body

of the Nez Perce Tribe.

7.24

PAYROLL DEDUCTIONS: Employee financial obligations deducted by the employer

from the employee’s pay.

7.25

PROGRAM/DIVISION: A secondary unit of Tribal Government operating within a

department.

7.26

PROMOTION: Assignment of an employee to a position involving greater responsibility.

A promotion is usually accompanied by an advancement in pay.

7.27

REDUCTION IN FORCE: Laying-off employees due to reorganization, reduction in

program funding and scope or other-administrative realignments.

7.28

REPRIMAND: A verbal or written corrective warning issued by a supervisor to an

employee for employee conduct which violates Tribal Government policy or is detrimental

to the Nez Perce Tribe.

7.29

SENIORITY: Length of service which may entitle an employee to priority consideration

in filling some job openings.

7.30

SUSPENSION: A disciplinary action which temporarily removes an employee from work.

7.31

TERMINATION: Discontinuation of an employee’s employment.

7.32

TRANSFER: Change of an employee from one position to another, usually in the same

job group classification.

7.33

TRIBAL MEMBER: An enrolled member of the Nez Perce Tribe.

7.34

WORK DAY: A daily work shift consisting of eight (8) hours.

7.35

WORK WEEK: A five-day working period which consists of 40 hours.

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Appendix A.

Intern Program Policy

THE NEZ PERCE TRIBE INTERN PROGRAM GUIDELINES AND STANDARDS

A.

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.

B.

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.

C.

How to become a Nez Perce Tribe Intern.

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

1. Tribal Preference will apply.

2. 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 2.0

cumulative GPA.

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

4. Must submit:

A) Minimum of two letters of recommendation from:

1)

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

2)

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

3)

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

B) College transcript; (high school transcript if waiver granted)(A minimum 2.0 GPA

must be maintained); and

C) Describe how internship will be relevant to their education.

5. Selection: Intern positions will be advertised beginning in April based on funding

availability and class description.

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A) Program staff will select interns based on recommendation letters, letter of interest,

transcripts and interviews. Students who solicit intern placements on a noncompensated basis may solicit programs directly and this policy shall apply.

B) 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

D.

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:

1. 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.

2. Prior to each fall term, must submit a baccalaureate plan to Mentor that outlines

graduation requirements and prospective fall and spring classes.

3. Support of each intern will be limited to:

Undergraduate

Graduate

Ph.D.

4 years

2 years

3 years

4. 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.

E.

Intern Employment Standards

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

an intern:

1. Must have the responsibility to approach their internship with the professionalism of a

full-time employee.

2. 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.

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

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

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

seek out assistance according to the chain of command.

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6. 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.

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

organization.

8. Must be able to take constructive criticism.

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

10. Must keep the mentor informed on work activities and absences.

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

12. Provide written status reports as requested by mentor.

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

14. Provide detailed trip reports for meetings attended, including knowledge gained and

information gathered.

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

and to determine the disposition of future work activities.

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

be requested to give an oral presentation.

F.

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.

1. Professional employment experience related to their educational and career goals.

a. Interns will have work opportunities with the tribal department during the school

year when their academic schedule permits.

b. Interns will have work opportunities during their academic breaks.

2. Technical staff mentoring:

a. All mentors will provide sufficient guidance and direction to ensure that assigned

tasks can be successfully completed.

b. Goals will be set regarding project expectations.

c. Improvement of technical writing skills.

d. Guidance on educational opportunities and career development

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

a. Pay will be determined according to class description, education, experience and

performance.

b. Interns pay may change during the course of out-placement sponsors may

determine the intern’s salary.

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c. Stipends and scholarships awarded to interns for an out-placement 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.

G.

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:

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

the manager.

2. Provide sufficient guidance and direction to ensure that assigned tasks can be

successfully completed.

3. Work with intern to set goals regarding project expectations.

4. Help interns improve technical writing skills.

5. Provide guidance on education opportunities and career development.

Interns have the following responsibilities:

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

2. Provide written status reports as requested.

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

including knowledge gained and information gathered.

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

5. 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.

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

7. Be able to take constructive criticism in a positive manner.

8. 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.

9. Compliance with Section E.

# End of Appendix A #

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Appendix B.

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.

# End of Appendix B #

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Appendix C.

Evaluation of Supervisor

Name of supervisor _______________________________________ Title ________________________________

1. What are the strengths of this supervisor?

______________________________________________________________________________

______________________________________________________________________________

2. What are areas that need improvement?

______________________________________________________________________________

______________________________________________________________________________

3. 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.

4. 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?

_____________________________________________________________________________

_____________________________________________________________________________

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

______________________________________________________________________________

______________________________________________________________________________

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

how?

______________________________________________________________________________

______________________________________________________________________________

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

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

______________________________________________________________________________

______________________________________________________________________________

8. Do you have any recommendations for change in your program?

______________________________________________________________________________

______________________________________________________________________________

9. 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?

______________________________________________________________________________

______________________________________________________________________________

# End of Appendix C – Supervisor Evaluation #

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Appendix D.

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.)

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

# End of Appendix D – Career Development Plan #

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Appendix E.

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.

# End of Appendix E – Position Reclassification Process #

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Appendix F.

I.

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.

II.

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:

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A.

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: Master’s

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:

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

b. 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).

c. Level 3 (Grade 15) – exceeds the educational, experience, and programs and has

twelve (12) years documented experience (department managers).

d. 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).

e. 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).

B.

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 Master’s 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:

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

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

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

and has seven (7) years of documented experience.

c. 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.

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C.

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: Bachelor

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:

a.

b.

c.

D.

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:

a. Level 1 (Grade 8) – meets the minimum requirements

b. 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.

c. Level 3 (Grade 10) – exceeds the educational, experience, and supervises one (1) to

three (3) personnel and also has twelve (12) years documented experience.

E.

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

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

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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.

F.

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:

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

b. Level 2 (Grade 5) – exceeds the minimum requirements and has (seven) 7 years of

documents experience.

c. level 3 (Grade 6) – exceeds the minimum requirements and also has twelve (12) years

of documented experience.

G.

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:

a. Level 1 (Grade 1) – minimum wage.

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

c. Level 3 (Grade 3) – exceeds the minimum requirements and also has seven (7) years

documented experience.

d. 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.

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

1. 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.

2. 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.

3. 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:

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

2. 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.

# End of Appendix F – Wage and Salary Classification #

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Appendix G.

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

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 in the “Comments” section. Reference to any attachments should be made on the

evaluation form.

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Job Duty 1:

Rating _____

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)

Job Duty 3:

Rating ___

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

Comments: (Documentation/justification for rating)

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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)

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Performance Factor Checklist

A. EFFECTIVENESS AS A TEAM MEMBER

Rating

1

Ability to work with others within the

department

Accepts responsibility

Ability to work with other

departments

Accepts change

2

3

4

5

N/A

Comments:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

B. PERSONAL COMMUNICATION SKILLS

Rating

1

Courteous

Respects Others

Confidentiality

2

3

4

5

N/A

Comments:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

C. INDIVIDUAL EMPLOYEE ATTRIBUTES

Rating

1

Attendance

Observance of Work Hours

Dependability

Personal Appearance

Effectiveness Under Stress

Compliance with Policy

2

3

4

5

N/A

Comments:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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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

1.

2.

3.

4.

Comments:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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

1

2

3

Training Plan for Achieving Short-Term Goals

1

2

3

Professional Development Plan – CURRENT Review – Long-Term Goals

1

2

3

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Training Plan for Achieving Long-Term Goals

1

2

3

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.

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: __________________

# End of Appendix G – Employee Evaluation Form #

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Appendix H.

Affiliate Entities

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

employment time with tribal affiliates as identified below:

1.

Nez Perce Tribal Housing

2.

Nimiipuu Health

3.

Nez Perce Tribal Enterprises

4.

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

# End of Appendix H – Tribal Entities #

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Appendix I.

Employee Confidentiality Statement

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 ____________________

# End of Appendix I #

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Appendix J.

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.

4. 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.

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

themselves in an ethical and courteous manner.

6. Conflict of Interest. Prior to any hearing, the Hearing Officer shall determine whether the

Hearing Officer has a conflict of interest.

a. 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.

i.

Close family members include biological mother, father, son, daughter,

husband, wife, brother, sister in-laws (mother, father brother, sister, son,

daughter), grandparents, or grandchildren; or adopted father, mother, brother,

sister, or grandparents; or any other relative living in the same household.

b. 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.

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7.

Date of Grievance Hearing

a. 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.

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

the grievance hearing to:

i.

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

ii.

location of the grievance hearing to:

1) to the Grievant by United States mail to the most recent home mailing

address indicated in the Grievant’s personnel file; and

2) to the Hearing Officer.

c. It is the responsibility of the grievant to inform the involved Human Resources Office of

the Grievant’s current home mailing address.

8.

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.

9.

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

the grieved 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.

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.

e. 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.

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

grievance hearing.

11.

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.

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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.

g. 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 Officer 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.

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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).

b. Pre-hearing Conference. The Hearing Officer will schedule a pre-hearing 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 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

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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 Nez Perce

Tribal Court, the official record of the Grievance will be prepared by the involved Human

Resources Office.

a. 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.

b. 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.

# End of Appendix J – Grievance Hearing Procedures #

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Appendix K.

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:

1.

Name of your immediate supervisor and title ____________________________________

2.

Date of incident: _______________________________________________

3.

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

________________________________________________________________________

4.

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

transpired:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

_____________________________________________

This text is long and has been trimmed here. Open the source document for the complete record.