# Pyramid Lake Paiute Tribal Council > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A05628b21016b7c28 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Pyramid Lake Paiute Tribal Council Post Office Box 256 Nixon, Nevada 89424 Telephone: (775) 574-1000 Fax (775) 574-1054 RESOLUTION NO.: PL 062-25 Personnel Policies & Procedures Section 15 - Furlough RESOLUTION OF THE TRIBAL COUNCIL OF THE PYRAMID LAKE PAIUTE TRIBE NIXON, NEVADA WHEREAS, | the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized by the United States Government through the Secretary of the Interior and the Bureau of Indian Affairs; and WHEREAS, | the Pyramid Lake Paiute Tribe, is the duly elected governing body of the Pyramid Lake Paiute Tribe, charged with the responsibility of establishing policy in the best interests of the health and general welfare of the Tribal membership; and WHEREAS, the Pyramid Lake Paiute Tribal Council established a Tribal Personnel Committee to review the Personnel Policies and Procedures Manual, recommending revisions by resolution determined necessary for the proper management and administration of the Personnel System; and WHEREAS, the Personnel Committee reviewed the attached proposed revisions to Section 15. Furlough of the Personnel Policies & Procedures Manual modifying Section 15 to reflect all situations of furlough, not only COVID; and WHEREAS, the Personnel Committee reviewed the attached proposed revisions to Section 15. Furlough of the Personnel Policies & Procedures Manual modifying Section 15; and WHEREAS, the Personnel Committee has reviewed the proposed revisions to the Personnel Policies & Procedures Manual amending the Personnel Policies and Procedures and recommends approval of the same. NOW, THEREFORE, BE IT RESOLVED that the Pyramid Lake Paiute Tribal Council, governing body of the Pyramid Lake Paiute Tribe, hereby accepts the recommendation of the Personnel Committee and approves the attached revisions to the Tribal Personnel Policies & Procedures Manual; and BE IT FINALLY RESOLVED that the Pyramid Lake Paiute Tribal Council, authorizes the Tribal Chairman or his designee to implement this revision. CERTIFICATION It is hereby certified that the foregoing resolution of the Pyramid Lake Tribal Council, governing body of the Pyramid Lake Paiute Tribe, composed of ten members, of which fen (10) constituting a quorum were present at a meeting duly held on the 15“ day of August 2025, was adopted by the affirmative vote seven (7) FOR and zero (0) AGAINST, with two (2) ABSTENTIONS; pursuant to the authority contained in the constitution and By-Laws of the Pyramid Lake Paiute Tribe. rund (0 Kea Brenda A. Henry, Tribal Council Secretaily PYRAMID LAKE PAIUTE TRIBAL COUNCIL PYRAMID LAKE PAIUTE TRIBAL COUNCIL PO Box 256 Nixon, NV 89424 775.574.1000 | Fax 775.574.1054 CERTIFICATION The Pyramid Lake Paiute Tribal Council approved the following request conducted on August 15, - -hrunda Ohi, Brenda A. Henry, Tribal Council Seoretgry The Pyramid Lake Paiute Tribal Council APPROVED the Human Resources Department Personnel Policies & Procedures, Section 15 — Furlough Policy with Resolution. Votes were 7 for, 0 opposed and 2 abstentions (John, Guerrero). MOTION PASSED End of Line SECTION 15. FURLOUGH 15.1 CONTINGENCY PLAN The purpose of this policy is to provide guidance to Tribal Entities, department directors, managers, and coordinators regarding employee furlough. This policy is the Tribal government plan in the event of a governmental services shutdown. The Tribe may have funding available, but not enough to provide full operations in the event of a government shutdown. It is the Tribe’s responsibility to ensure a timely process has been implemented to ensure efficient notification and process within four (4) hours is maintained during a period of limited or lapse of appropriation by the Federal Government. Pyramid Lake Paiute Tribe recognizes only activities involving the safety of human life or the protection of property will continue, specifically action necessary to protect life and property and action to provide security of offices and necessary administrative support to carry out the Furlough-Exempt functions of the Tribe. , Most shutdown activities can be accomplished within 4 hours; some shutdown personnel may need to work longer to secure and shut down property and facilities. ‘A. The Tribal Chairman and Executive Team will review and update this plan on an annual basis. 15.2 COVERAGE This contingency plan covers all Pyramid Lake Paiute Tribal Departments, employees and on-site contracted personnel, except as noted below. All activities of the Tribe are subject to shutdown provisions when invoked. A. Certain functions may be continued even in the absence of annual appropriations or resolutions. 1. Departments that have a continuing source of funding. 2. Departments that are necessary to prevent an imminent and significant threat to the safety of human life or the protection of property. 3. Those that are necessary for the discharge of the Tribe’s constitutional duties. 4. Activities necessary for a short period in order to ensure an orderly shutdown of Tribal operations. B. Three actions will take place 1. Furlough Activities: All employees will be advised to come to work to secure their workstations and return home, unless otherwise notified. 2. Shutdown Activities: Some personnel will be designated as essential to complete tasks for the orderly shutdown of the government operations and will continue to report until such times as their shutdown tasks have been completed. 3. Furlough-Exempt Activities: Some activities and functions will continue because they are authorized by law or constitution. The personnel carrying out these activities may work even in the absence of appropriations. 15.3 DEFINITIONS A. Furlough: Unpaid leave of absence of work for an unspecified period of time due to the Tribe having funding available, but not enough to provide full operations during a government shutdown. B. Furlough-Exempt (Safety): Employees who are required to perform duties during a federal funding hiatus. 1. Employees engaged in Law Enforcement or direct provision of health care or health safety activities; 2. Employees whose compensation is provided by resources other than annual federal appropriations; and 3. Employees in emergency services who will protect life and property (full-time, part-time, on-call, contract personnel), C. Furlough-Exempt (Essential): Employees necessary to effect and orderly shutdown of the Tribal Operations will be identified by Tribal Administration as “Essential” may only work on shutting down the Tribal governmental operations as necessary. 1. Tribal elected personnel, who are not subject to furlough provisions; 2. Employees and contract personnel engaged in shutdown activities. 3. Employees and contract personnel designated by Tribal Administration to perform the Furlough-Exempt essential functions as identified. D. Non-Furlough-Exempt: Employees who are not required or eligible. They do not fall under the Furlough-Exempt status and are not designated as Safety Essential. 15.4 FURLOUGH PRELIMINARIES A. Prior to the first day of shutdown, the following activities will be completed by the Tribal Chairman and designated staff members. 1. Identify measures to secure records, personal property, real property, and facilities that will be maintained and protected until appropriate disposition is accomplished. 2. Draft a strategy for communication with employees and outside agencies as needed. 3. Identify all potential meetings, hearings, and other previously arranged Tribal business that may need to be cancelled. Update Tribal lists of Furlough-Exempt employees. Ensure Tribal lists identify employees whose presence at work will be required to perform functions associated with the orderly shutdown of program activities. This list includes employee name, title, and functions that employee will perform. 6. Identify what support the Technology Department needs to maintain Furlough-Exempt service and information technology infrastructure. Identify all employees on travel and those that cancelled travel. Identify all contractors and contracts that could be impacted by a shutdown. Identify what instructions and procedures the Tribal Human Resources will provide to employees in the shutdown period. > oon 15.5 PREPARATION The procedures herein apply to all Tribal employees and contractors, pay and non-pay status, exceptions being duly elected or appointed offices and those employees funded through a previous award or multiyear appropriation in effect at the time of the lapse of appropriations. A. Employee Count 1. Total number of employees must be identified before and after shutdown. 2. Total number of full-time and part-time employees funded with non-appropriated funds must be identified, including their source of funding. 3. Total numberof employees retained to engage in law enforcement must be identified. 4, Total number of employees retained to engage in emergency services for the protection of life or property must be identified. B. Designation of Furlough-Exempt Employees 1. The Tribal Chairman and Executive Team will determine which employees should be Furlough-Exempt from furlough. H. I. 2. Tribal Human Resources will work with Chairman and Executive Team to notify the affected employees of the furlough and options available during the furlough (unemployment, health coverage, and secondary employment). 3. Tribal Chairman will notify Human Resources of any designation changes of the effected employees. Employees subject to furlough ; 1. Allemployees (including any volunteers, unpaid consultants) are subject to furlough. All employees must report to work on the first day of business following a lapse in appropriations to conduct shutdown activities, which are expected to take approximately a half-day of work to complete. With approval of the Tribal Chairman, the Tribal Human Resources office will provide furlough notices to non-Furlough-Exempt employees. All employees on pre-approved official travel are to return. All non-Furlough-Exempt employees, any upcoming official travel should be cancelled or postponed. All paid leave will be cancelled. Any employee who is expected must work. Non-furlough-exempt employees are not permitted to work without pay under any circumstances, With regard to a projected shutdown in the lapse of appropriations, Furlough-Exempt Essential personnel will keep employees fully informed of developments that affect the status of their employment. 15.6 DEPARTMENTAL RESPONSIBILITY Each Tribal Department will prepare or implement a plan identified in this policy, for an orderly shutdown in the event of a lapse in appropriations to the Tribal Administration. A. Due to the nature of a shutdown Tribal Departments will 1. Refrain from making or authorizing any purchase over $5000. 2. Cancel all travel. 3. Cancel all paid time off. B. Tribal Human Resources in consultation with Tribal Chairman and Executive Team will 1. Assume responsibility for employee notification procedures to include issuance of notices to employees of their Furlough-Exempt or non-Furlough-Exempt designation in advance of the official shutdown notice, if time permits. 2. Disseminate furlough letters and information on health/life insurance coverage. 3. Serve as point of contact for answering employee questions concerning pay, leave, benefits, and time of service. 4. Provide instructions for employees to complete their final time and attendance reports. 5. Disseminate employee‘notification to employees in travel, training, and leave without pay status by email. 6. Prepare return to work procedures to recall all furloughed employees to duty 7. Enforcean immediate hiring freeze that will apply during a lapse in appropriations. Does not apply to departments with other funding sources. 8. Ensure that orientation dates for prospective employees with offers are suspended until the funding lapse is over and that no new job offers are made during the lapse in appropriations period. Does not apply to departments with other funding sources. 9. Issue notification to the workforce on the status of the shutdown and possible actions. 10. Issue Frequently Asked Questions and Answers to workforce. C. Director of Facilities and Maintenance in coordination with Finance and building managers will 1. Determine necessary arrangements for physical security of the property and office buildings including a. Technology b. Water c.Sewer d.Solid Waste D. The Tribal Comptroller in consultation with Tribal Chairman and Executive Team will 1. 2. 3, 4 Ensure all applicable Federal Acquisition Regulations are followed and give instructions on government purchasing credit cards and charge accounts. Control obligations and ensure compliance with applicable laws and regulations. Authorize funds to the extent permitted during the lapse in appropriations. Establish and disseminate procedures for the initiation, review, and approval of purchase requests to ensure the contractual and other financial commitments are entered after a lapse in appropriations, other than those deemed Furlough-Exempt. Take necessary actions to adjust allocations as appropriate during the period of lapsed appropriations. Ensure that funds are not disbursed that are not available for disbursement during the period of lapsed appropriations. Notify the Chairman and department heads which travel and other non -contract expenses are approved during the lapse in appropriations. E. Department Heads and Immediate Supervisors in consultation with Tribal Chairman and Executive Team will 1. 2. NN Ensure employees are aware of their furlough status. Provide Chairman and Comptroller with a list of all travel either underway or to be initiated during the lapse in appropriations that are necessary to conduct Furlough- Exempt activities. Provide Chairman and Comptroller with a list of employees on travel, training, extended leave, and leave without pay. Evaluate project priorities and make changes based on reduced staff operating under a lapse of appropriations. All leave requests will be cancelled. No paid leave will be granted. Non-Furlough-Exempt staff will be engaged in activities to shut down their respective operations, to secure their workstations, and to assist with the rapid restart of operations when funding is renewed. If an appropriations bill has not been approved by the conclusion of the four (4)-hour period non-Furlough-Exempt staff will be given furlough notices and dismissed until funding is approved. In case of an extended furlough, Tribal administration will continue to review the appropriate number of retained staff in order to ensure that it has adequate staff to meet critical needs. 15.7 PROCEDURE FOR AN ORDERLY CLOSURE The plan that follows provides Tribal departments & entities with procedures to be taken during the commencement and the first days of a lapse. A. General Notice: Upon receipt of notification by the Tribal Administration, the Chairman/Executive Officer will notify department heads by formal means that there is a lapse in their specific government funding. 1. Department heads are responsible for notifying their employees that an emergency shutdown will be implemented and specify date of implementation. B. The Office of the Tribal Chairman will inform the public and employees of Tribal operations status and emergency functions as appropriate through the Tribal website and other channels. C. The Office of the Tribal Chairman will ensure that the Tribal headquarters phone lines and website contain a message regarding the current status of the Tribe’s operations. D. Employees shall check with the Tribal Office headquarters and/or Tribal Human Resources office for updates about the reopening of operations. 1. Employees are expected to return to work on their next regularly scheduled workday following enactment of appropriations legislation. 15.8 NOTICE TO FURLOUGH-EXEMPT SAFETY/ESSENTIAL EMPLOYEES Tribal Administration (Chairman/Executive Officer) will notify their Furlough-Exempt Safety and Essential personnel of their mandated continuation of duty during the emergency cialis The preferred notification is by email. A. Report to Work. Furlough-Exempt Safety/Essential employees must report for work during an emergency furlough. 1. Any previously approved paid leave is canceled, 2. An employee who refuses to report to work after being ordered to do so will be considered to be absent without leave status and may be subject to disciplinary action. B. Employee Status. During a lapse of appropriations, all affected employees must be at work performing Furlough-Exempt activities or in furlough status. If an employee is unable to report for work during a furlough and the supervisor or other management official approves the absence, the supervisor may change the status of a Furlough-Exempt/essential employee to non-Furlough-Exempt and furlough the employee to allow the employee to be “absent” from work. 2. When an employee is not working or performing Furlough-Exempt activities he or she must be furloughed, and the furlough must be documented by a furlough notice. C. Compensation. Employees should not be granted leave without pay for absences from work during a furlough. 1. Employees on leave without pay during the furlough will not be compensated. 2. Furlough-Exempt/essential employees who work during a lapse of appropriations will not be paid during the funding hiatus. a. Furlough-Exempt employees will be compensated (paid) when Congress passes, and the President signs a new appropriation or Continuing Resolution. D. Employee Leave. Employees who are Furlough-Exempt from furlough by reasons of other funding not affected by the lapse of appropriation may take paid leave (e.g. annual/sick) during furlough. E. Substitution/Rotation. The Chairman and Department Heads are authorized to substitute or rotate Furlough-Exempt employees as long as the personnel are performing authorized activities. Be aware of the impact the substitution or rotation schedule may have on unemployment compensation eligibility, Decision on substitutions/rotations for specific positions should balance the Tribe’s need for continuity and equity to the employees. Decision determination on the substitution/rotation schedule whether daily or longer periods, should consider continuity and fairness. Personnel substitution/rotation into and out of a Furlough-Exempt positions must have the required qualifications to perform the functions. Substitution/Rotation decisions must be documented in writing and be consistent with the Tribal Furlough policy with a copy sent to Human Resources and Finance. Employees will be contacted by telephone or email to substitute for a Furlough-Exempt employee or to recall employees to perfume essential functions. 15.9 FURLOUGH OF NON-FURLOUGH-EXEMPT EMPLOYEES | Notification of a funding lapse must be made to a Non-Furlough-Exempt employee prior to or immediately on the next scheduled business day. A. Employee Notice. Supervisors are required to contact all employees who have been designated non-Furlough-Exempt including those on travel, in training, or on leave. e Those employees shouldbe provided with advance notice (if possible) of their non- Furlough-Exempt status. e This can be completed verbally or with a “Notice to a Non-Furlough-Exempt Employee” letter. e This notification will inform the employee of their non-Furlough-Exempt status, and in the event ofa lapse in funding may be deemed as a furlough notice if the need should arise without short notice. Formal action will be taken by the Tribal Human Resources Department and forwarded to the Supervisors to disburse to their employees for signature and processing. Employee furlough notices must be delivered via email or in person. A read or delivery receipt is required to ensure the employee receives proper notice. B. Non-Furlough-Exempt employees may be engaged in shutdown activities during the first four hours of the first working day of a lapse in appropriations, such as: Supervisor notifications to non-Furlough-Exempt employees that they are furloughed. Consolidating and organizing employee notices, including email receipt/read notices and employee return emails, for forwarding to the Human Resources department upon request. Cancelling meetings, hearing, conferences, and other scheduled Tribal business Answering phone calls and email inquiries and advising callers of the pending shutdown. Setting up consistent voicemail and email “out of office” messages. Issuing stop work orders, as needed to affected contractors. Processing travel vouchers for the period just prior to the lapse in appropriations. Consolidating & storing files. Safeguarding classified materials. . Protecting tribal property. . Notifying the public, membership, and other agencies of the shutdown; and . Processing appropriate personnel/payroll actions and filing documentation. . Documenting the status of projects so that work can be resumed with the least possible disruption upon return. While most shutdown activities can be accomplished within 4 hours, some shutdown personnel may need to work longer to secure and shut down property and facilities, C. Employee Pay. Employees shall receive compensation as regularly scheduled for time worked prior to the lapse of appropriation. 1. Non-Furlough-Exempt employees shall receive pay for performing shutdown activities following enactment of an appropriations bill or a Continuing Resolution permitting such payments, 2. Furlough-Exempt employees whose salaries are funded by other than annual appropriations should continue to receive pay as regularly scheduled. 15.10 FURLOUGH RETURN Furloughed employees will be instructed to monitor the mainstream media, Tribal social media and their email for updates on the current status of Government Shutdown. Notifications will be made by email and phone by the immediate supervisor to return to work on their next scheduled workday once a continuing resolution or an appropriations bill is enacted. A. Procedures for resuming program activities, particularly related to contracts including steps to B. C. ensure appropriate oversight and disbursement of funds will be provided by the Chairman with assistance from Finance. Tribal Finance staff will make sure all financial transactions that occurred during the lapse in appropriations are processed and recorded accurately in the Tribe’s financial system. Tribal Human Resources will process Employee Action Notices to returning employees to an active status. 15.11 SUMMARY OF MAJOR FUNCTIONS TO CONTINUE These major functions are to be continued on a unmodified or modified schedule during a lapse in appropriations: Technology. Internet access, email, websites, etc. Tribal Finance. Able to receive, disseminate, and record authorized transactions Law Enforcement. Protect human life and property Emergency Response, Protect human life. PUD. Protect property and provide safe access to water, sewer, and solid waste. Maintenance. Secure facilities and protect Tribal property. Administrative Staff. Address public and employee concerns, review the Furlough-Exempt designations as needed. Health Care. Provide medication and address health emergencies and urgent care needs. Enrollment. Provide constitutional required membership services. Tribal Court. Provide resolution of conflict and address safety issues. Social Services. Provides service to address immediate child and elderly needs. These programs will have only a limited number of staff on duty to perform critical functions. However, staff will attempt to respond to critical matters. , 15.12 SUMMARY OF MAJOR FUNCTIONS TO BE DISCONTINUED These major functions are to be discontinued during a lapse in appropriations. Public Information Requests Response to Public Comment/Input Requests Employee Recruitment and Hiring \ Tribal programs whose staff is determined non-Furlough-Exempt Volunteers Government contractors as determined Meetings and Community functions as determined. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A05628b21016b7c28. Public record. Not legal advice.