Pyramid Lake Paiute Tribal Council

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 070-21

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 and is federally recognized by the United States Government

through the Secretary of the Interior for the Administration of programs and services for

the residents of the Reservation; and

WHEREAS, the Pyramid Lake Paiute Tribal Council is the duly elected governing body of the Pyramid

Lake Paiute Tribe, charged with the responsibility of establishing policy and taking action

to provide administration guidelines; and

WHEREAS, the Pyramid Lake Paiute Tribal Council established a Tribal Executive Team to manage the

Tribal Administration; and acknowledges this team reviews and makes recommendations to

ensure proper management and efficient processes are maintained; 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 attached proposed revision to Section 4. Pay Plan and

Pay Administration of the Personnel Policies and Procedures Manual modifying change in

Classification and Wage system, Removing Redundant Sections and increasing Merit Step

Increases to 5% per annual evaluation; and

WHEREAS, the Personnel Committee reviewed the proposed revision to the Personnel Policies and

Procedures Manual amending the Personnel Policies & 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 and

Procedures Manual:

SECTION 4. PAY PLAN AND PAY ADMINISTRATION

Pyramid Lake Paiute Tribal Council RESOLUTION NO.: PL 070-21

Page 2

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, the

governing body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom nine Y

constituting a quorum were present at a meeting duly held on the 18 day of June, 2021, was adopted by

the affirmative vote of five (5) for and zero (0) against and three (3) abstentions pursuant to the authority

contained in the Constitution and By-Laws of the Pyramid Lake ud (

Brenda A. Henry, Tribal Council Secte ary

Pyramid Lake Paiute Tribal Council

SECTION 4. PAY PLAN AND PAY ADMINISTRATION

The Human Resources Department is responsible for the maintenance of a uniform and equitable

pay plan that consists of minimum and maximum rates of pay and such intermediate schematic

steps, subject to the approval of the Tribal Council. Upon recommendation, the Tribal Council

can approve a revised wage schedule as appropriate.

Salary ranges are linked directly to the position classification plan and shall be determined with

due regard to the following consideration:

A. The level of duties and responsibilities, demands of the class, and maintenance of

equitable relationships between classes.

B. Prevailing rates of pay for similar employment in both public and private

organizations.

G. Availability in the marketplace of qualified applicants willing to work for the

existing ranges of pay.

D. Cost of living factors based on available funding. The feasibility of an annual cost

of living allowance shall be determined by the Tribal revenue projections. The

same cost of living allowance rates shall be provided to all regular employees.

E. Other benefits received by employees.

F, The economic conditions of the Tribe.

4-1. APPOINTMENT RATE

Classes Skilled/Specialized/Industrial (100), Clerical (200) and Paraprofessional (300) shall have

starting salaries preferably set at Step | of the appropriate pay level, for a class and paid to any

person, whether full-time or part-time, regular or temporary appointment to a position in the class.

Appointment above the minimum rate may be made when employment conditions or exceptional

qualifications of the employee would justify such appointment, but will in no case exceed the 34

step of the appropriate salary range.

Law Enforcement, Judicial, etc. will be compensated based upon the approved GS Wage scale

(Local Area only) starting wage Step 1-3 based upon qualifications and experience.

Classes Professional (400), Management (500) and Executive (600) are designated Negotiable to

ensure comparable and negotiable wage, if employment conditions indicate the need or the person

selected has qualifications which significantly exceed the minimum qualifications specified on the

job specification, the wage will be negotiated within a reasonable range comparable for that

position, provided the salary can be accommodated without fiscal impact to the budget.

4-2. REAPPOINTMENT RATE

Employees receiving reinstatement to a former position who left Tribal employment in good

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standing may be paid at any step within the pay range not to exceed the step attained at the time

of the separation. Reappointment rates do not apply to regular employees who resigned a previous

position and later become reemployed in the same position.

4-3. REVISIONS TO THE WAGE SCHEDULE

Upon adoption of a new pay plan, the rate of pay for each employee shall be adjusted to a step in

the newly assigned range corresponding to a like step in the former range. In no case will an

employee’s base pay be reduced. However, if the pay is higher than specified for the new pay

range, the pay will be frozen until such time as an increase is justified. The wage scale consists of

thirty (30) grades in each pay level increasing 7.5% per grade with 30 steps increasing 5% per

step.

4-4, MERIT STEP ADVANCEMENT WITHIN ASSIGNED SALARY RANGE

There are thirty (30) merit steps in each pay level. A merit step increase of 5% may be given to

the next higher step within the appropriate salary range for satisfactory completion of the 1% year

of employment and annually thereafter upon a written recommendation of the supervisor based on

satisfactory performance appraisal.

It is the Tribe’s policy to conduct employee performance reviews on a regularly scheduled basis

as a means of fostering employee development and motivating employees to reach their full

potential.

Objectives of the performance review plan are to:

e Motivate and guide employees toward greater self-development and improved

performance by discussing significant strengths and areas needing improvement in a

positive, constructive manner.

e Identify training resource needs.

e Provide a record of employee progress.

e Provide a uniform means for the Supervisor to make salary determinations based on their

assessment of employee performance in relation to performance requirements.

A. Performance Requirements (Expectations). Performance requirements represent

the level of performance expected of employees in fulfilling duties and

responsibilities. The Supervisor establishes the performance requirements and

ensures that they are effectively communicated to the employee.

B. Objectivity. Appraisals should be supported with specific examples whenever

possible. Supervisors must keep the following points in mind when performing

reviews to keep the appraisal as objective as possible:

ls Supervisors must be careful to evaluate employees objectively on each

“area” of the appraisal. There often can be a tendency to evaluate an

employee with an overall good rating in every phase of their performance.

Likewise, the same can happen with employees with an overall poor

performance.

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2. Supervisors must not allow bias or personal likes or dislikes for individuals

to affect their objectivity in the appraisal process. Supervisors can tend,

instinctively but unconsciously, to rate those who resemble themselves in

any way, such as personality, appearance, or work habits as superior to

others. Supervisors need to be careful to rate the employee on performance

only and not on personal attributes of the employee.

Ww

Evaluations must reflect an accurate appraisal of an employee’s

performance. Some Supervisors give high ratings or praise so that they

won’t hurt an employee’s feelings. Such an approach makes the appraisal

process meaningless and can actually hurt the employee in the long run by

denying them constructive feedback. However, Supervisors should also

avoid being unduly hard on employees through negative reviews.

Appraisal Process. Supervisors are responsible for conducting thorough, impartial

and timely performance reviews with employees who report directly to them.

Performance reviews are a function of evaluating employees on the basis of their

performance while considering the employee’s length of time in the position.

Performance review forms are intended to assist Supervisors and employees in

communicating and recording assessments of their performance, and establishing

goals/areas for improvement. The Supervisor will inform the employee of an

upcoming appraisal and set a date for a meeting. The employee should complete

an Employee Self-Appraisal and give it to their Supervisor prior to the scheduled

appraisal meeting. The Self-Appraisal allows the employee to become more

involved in the objectives of the appraisal process through assessment of their own

performance, and provides the Supervisor with an insight from the employee.

The most important part of the appraisal process is the discussion of the evaluation

with the employee. If the meeting with the employee is effective, it leads to a better

understanding and relationship between the employee and the Supervisor, clarifies

the mutual objectives of the employee and Supervisor, and gives the employee a

feeling of satisfaction regarding the areas of work in which they have done well.

Upon completion of the review process, the employee should write any comments

they have about the appraisal received, sign the form, and the Supervisor will route

the form to Human Resources to include in the employee’s personnel file.

Dz. Anniversary Date. The anniversary date for regular employees shall be the date of

hire. Thereafter, the end of each year of uninterrupted satisfactory service in the

same position until the maximum for that salary range is reached. An employee‘s

time on leave without pay for over thirty (30) consecutive days will not count

toward service. An adjustment will be made to the anniversary date by adding the

same number of days on Leave without Pay (LWOP) to the anniversary date.

Adjustments reflect the one (1) year service eligibility for a merit step increase.

E. Effective Date. The effective date for a merit step increase shall be the annual

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anniversary date or adjustments thereto.

Denial of a Merit Step Increase. If, during the employee's annual review period,

performance indicates less than satisfactory service, the merit step increase will not

be granted until the employee has, in the judgment of the Supervisor, corrected the

noted deficiencies. If a Supervisor intends to deny a merit step of an employee,

written notice will be submitted to the employee with copies to the Human

Resources Department at least sixty (60) calendar days prior to the anniversary date.

If the employee's performance does not improve within sixty (60) days after the

notice to the employee and to the satisfaction of the Supervisor, the merit step

increase will not be granted. In addition, the employee may be put on notice that

his or her future employment with the Tribe is in jeopardy, unless improvement to

a level of satisfactory or better is made and maintained thereafter without exception.

Written notice of the denial of a merit step increase and the reasons, therefore, will

be submitted to the employee with copies to the Human Resources Department

immediately following the sixty (60) day evaluation period.

Factors Which Do Not Affect Anniversary. The following factors will not affect

eligibility for a merit step increase:

1. A pay adjustment resulting from a revision of the wage schedule.

2. Uniformed Service leave without pay necessitated by a draft or reserve

because of a national emergency.

3. A period of paid leave;

4. Reclassification of a position when there is no change in the job title and/or

class code.

Wage and salary increases are based on performance (merit); and how well an

employee meets performance standards for his or her specific job. Merit step

increases are not guaranteed. They must be earned and do not create an implied

contract for future employment. To process a merit increase, the Supervisor must

complete a written performance review. Merit increases that are processed late are

granted as retroactive pay back to the employee’s effective anniversary date.

PROMOTION

There are thirty six (36) pay levels in the salary schedule. Each successive pay level corresponds

with an increase in responsibility and complexity of work, as indicated by the job specifications.

Promotions are made when an employee moves from one pay level to a higher pay level. They

should be made to the step that is closest to the current salary figure, which represents an increase

not to exceed 10 %. All employees must have an equal opportunity to compete for high-level

The effective date of any promotional raise shall be the beginning of the f ollowing pay period. A

promoted employee will begin a new probationary period. The anniversary date shall be effective

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on the date of promotion and annually thereafter. There will be no lapse in benefits as long as

there is no break in service.

4-6. DEMOTION

When an employee is demoted, the rate of pay shall be determined as follows: If the salary

received in the higher pay range falls within the range for the class to which demoted, the rate of

pay shall be reduced approximately 10% but not lower than the minimum rate of the appropriate

grade level. Supervisors shall notify the demoted employee at least five (5) working days before

the effective date of an action to demote.

4-7. TRANSFER

When an employee transfers within class, the rate of pay shall remain unchanged.

4-8. REALLOCATION OF POSITION

A. To a Class of a Higher Pay Range. When a position is reallocated to a class of a

higher pay range, the provisions governing rate of pay for promotion shall be used

to set the salary of the incumbent.

B. To a Class of the Same Pay Range. When a position is reallocated to another class

of the same pay range, the salary of the incumbent shall remain unchanged.

4-9. OVERTIME

The Tribe abides by the regulations outlined in the Fair Labor Standards Act (FLSA) concerning

minimum wage, overtime compensation, record keeping and child labor standards.

Non-exempt (hourly) employees who work approved overtime hours in excess of forty (40) hours

in a single workweek shall be paid at one and one-half (114) times the approved hourly rate of pay.

A Supervisor may direct overtime be worked when, in the Supervisor’s judgment, overtime work

is necessary to meet program goals or in emergency situations.

4-10. NON-EXEMPT (HOURLY) POSITIONS

Although “non-exempt” is the legal classification, positions hired to full-time or part-time

classifications that are paid for services rendered on an hourly basis are referred to as “hourly.”

4-11. EXEMPT MANAGEMENT (SALARIED) POSITIONS

Employees defined as being exempt/salaried under provisions of the Fair Labor Standards Act

(FLSA) are those classified as Executive, Administrative or Professional positions and are paid to

perform the duties of their positions regardless of time requirements. Although “exempt” is the

legal classification, such employees are referred to as “salaried.” Validated complaints against

exempt staff regarding non-performance or service may be cause for disciplinary action or

termination. The list of exempt classifications is updated continually.

The exemptions from the Fair Labor Standards Act, as amended, are based on the following:

A. Executive. Primary duties include the management of the enterprise or of a

customarily recognized department or subdivision; customarily and regularly

directs the work of two (2) or more other employees; authority to hire and fire other

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employees or effectively recommend as to the hiring, firing, advancement

promotion or other change of status of other employees given particular weight.

B. Administrative. Primary duties include the performance of office or non-manual

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

or the employer’s customers; the consistent exercise of discretion and independent

judgment in matters of significance.

C. Professional. Primary duties include the performance of work requiring knowledge

of an advanced type in a field of science or learning customarily acquired by a

prolonged course of specialized intellectual instruction; work requiring invention,

imagination, originality or talent in a recognized field of artistic endeavor.

It is our policy to comply with the salary basis requirements of the FLSA. Therefore, we prohibit

Supervisors from making any improper deductions from the salaries of exempt employees. We

want employees to be aware of this policy and that the Tribe does not allow deductions that violate

FLSA. If you believe that an improper deduction has been made to your salary, you should

immediately report this information to your direct supervisor. Reports of improper deductions will

be promptly investigated. If it is determined that an improper deduction has occurred, you will be

promptly reimbursed for any improper deductions made.

Permitted salary deductions are allowed for certain situations. Exceptions to the “no paydocking”: rule include the following: 1) Absence from work for one or more full days for personal

reasons, other than sickness or disability. 2) Absence from work for one or more full days due to

sickness or disability if deduction made under a bona fide plan, policy, or practice of providing

wage replacement benefits for these types of absences. 3) To offset any amounts received as

payment for jury fees, witness fees, or military fees. 4) Penalties imposed in good faith for

violating safety rules of “major significance.” 5) Unpaid disciplinary suspension of one or more

full days imposed in good faith for violations of written workplace conduct rules. 6) Proportionate

part of an employee’s full salary may be paid for time actually worked in the first and last week of

employment. 7) Unpaid leave taken pursuant to the Family and Medical Leave Act.

4-12. PROFESSIONAL ALLOWANCES

Tf an employee is required to attend conferences and training sessions related to their job, the

employee will be reimbursed for expenses incurred, including travel costs, registration, materials,

and reasonable room and board costs, provided the employee received prior approval of the

Department Head and the budget has sufficient funds to incur costs.

4-13. TOTAL PAY

Any pay rate established for an employee shall be the total remuneration, not including

reimbursement for official expenses. No employee shall receive pay from the Tribe in addition to

the authorized payment provided in the pay plan, or services rendered either in the discharge of

ordinary duties, or any additional duties which may be imposed upon the employee or which the

employee may undertake to perform.

During regular working hours, employees may not receive double compensation while on the

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Tribal payroll. If meetings take place during regular working hours, employees on special boards

or committees or the Tribal Council who also receive compensation for meeting attendance in

addition to their Tribal employment compensation must either choose a Tribal stipend and take

leave without pay or be paid the regular salary, whichever they prefer.

In order to preserve integrity and to avoid conflicts of interest, in either case, employees shall apply

for appropriate leave to attend to Tribal Council, Board or Committee business when such

attendance is not a requirement of their job and when such meetings are conducted during working

hours.

4-14. WAGE GARNISHMENTS OR ATTACHMENTS

The Finance Department is authorized to receive a writ of garnishment or attachment, a notice of

levy by any taxing authority, or any other similar order requiring payment of a portion of an

employee's compensation to someone other than the employee. The Finance Department is to

notify the affected employee immediately and then deduct the required amount from the

employee's earnings after receiving an authorized payroll deduction form. The amount deducted,

however, should not exceed that permitted by law.

The maximum amount that may be garnished from each paycheck is twenty five percent (25%) of

the employee’s net earnings, or the amount by which net earnings exceed thirty (30) times the

federal minimum wage, whichever is less. Without a voluntary payroll deduction form, an agency

can pursue garnishments through the Pyramid Lake Tribal Court.

4-15. PAY PROCEDURES

It is the policy of the Tribe to pay employees by check or direct deposit on a regular basis and in a

manner so that the amount, method, and timing of wage payments comply with any applicable

laws or regulations.

A. Employees normally will be paid on a biweekly basis. A payroll schedule will be

issued to employees at the beginning of a calendar year, upon employment, or upon

request.

B. Distribution of Paychecks. Paychecks will be ready for pick up at 10:00 a.m. on

the designated payday. Paychecks will be distributed to employees by their

immediate Supervisor or Department Head.

C. Paycheck Security. To ensure the security of paychecks, they will be issued only

to each employee personally, unless the employee has provided written

authorization for the check to be released to another person. Employees who wish

to have someone else pick up their paycheck must complete an authorization form,

which may be obtained from the Finance Department. This is to ensure that

paychecks are properly distributed in an employee’s absence.

Dz. Paydays Falling on Holidays. Ifa payday falls on a holiday, employees will be paid

on the workday closest to the holiday.

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Employees on each payday will receive, in addition to their check or deposit advice,

a statement showing gross pay, deductions, and net pay. Federal and Social

Security taxes will be deducted automatically. No other deductions will be made

unless required or allowed by law, contract, or employee obligation. Employees

may elect to have additional voluntary payroll deductions, if authorized in writing,

for Tribally provided services, such as Child Care, Public Utilities, and/or Housing

Authority payments, whether mandatory or not.

Employees are expected to review each paycheck carefully and report suspected

errors immediately. It will be presumed that if an employee does not report an

error, that his or her paycheck is correct. Errors should be reported in writing and

include the date of the paycheck and details of the suspected error. A copy of the

relevant pay stub and timesheet should be attached. Underpayment of less than

$50.00 will be included in the paycheck immediately following discovery of the

error. Underpayment of more than $50.00 will be paid within three (3) working

days by supplemental check.

Tf, within ninety (90) days, it is discovered that an employee has been overpaid, the

Tribe reserves the right to make appropriate payroll deductions for repayment of

the overage. Amounts of less than $50.00 will be deducted from the paycheck

immediately following discovery of the overpayment. Amounts of over $50.00 will

be repaid through multiple payroll deductions based on a mutually agreeable

written schedule. Overpayments discovered after ninety (90) days will be absorbed

by the Tribe and no repayment will be required.

In the case of loss or theft, the Finance Department will attempt to stop payment on

the check and reissue a new one to the employee. However, the employee is solely

responsible for the monetary loss, and the Tribe cannot be responsible for the loss

or theft of a check if it cannot stop payment on the check.

G. Employees are expected to manage their personal finances to meet and discharge

their financial obligations in a timely manner, so that they do not adversely impact

job performance or the Tribe's public image. The failure of employees to meet

financial obligations may impose an administrative and financial burden on the

Tribe in terms of extra bookkeeping. As such, advance payment of earned wages

and salaries shall be limited to three (3) per year for true emergency situations,

which are unpredictable in nature.

Emergencies include hospitalizations, death in family, or other urgent needs.

Paying routine bills is considered predictable and should be planned accordingly.

Requests for advance payment of earned wages must be approved by the

Department Head and the Tribal Chairman or designee.

EH. Employees are expected to cash paychecks on their personal time.

Final Paycheck for Dismissed Employees. Whenever possible, a final paycheck

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should be issued to a dismissed employee at the time of dismissal, and no later than

seventy-two (72) hours from the effective date of separation. However, a final

check may be held until all issued equipment, keys and other items are returned.

Final Paycheck for Voluntarily Resigning Employees. The final paycheck for a

voluntarily resigning employee will be made available on a regular payday or

within seven (7) days after separation, whichever is earlier. However, a final check

may be held until all issued equipment, keys and other items are returned.

K. Non-exempt (hourly) employees will be paid overtime compensation at the rate of

one and one-half their regular hourly rate for approved work in excess of forty (40)

working hours during a single week. Non-exempt employees are required to submit

biweekly time sheets approved by their supervisor.

The Tribe may make the following permissible deductions from salaries of Exempt

Executive, Administrative, or Professional employees: deductions may be made

for full day absences for personal reasons, sickness, or disability. The employer

need not pay the employee for days of absence before the employee has qualified

for compensation under leave plans, policy or practice, or after he/she has

exhausted leave allowances. Deductions from salary may be made as penalties

imposed in good faith for violation of safety rules, but the rules must be of major

significance, relating to the prevention of serious danger to facilities or fellow

employees.

M. Salaried employees who perform a second job will be compensated at the

hourly rate for duties outside of their regular working hours. Overtime will not be

incurred, nor will an employee be double compensated for any overlap of time

while working more than one position. In the event of such overlap of duties, a

Supervisor will determine which rate of pay will apply.

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