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Mille Lacs Band Statutes Annotated

TITLE 6 - GOVERNMENT EMPLOYEES

Chapter
Section
1. Personnel Policy Manual
1
2. Senior Executive Staff Policies
1001

Cross References

Administration Policy Board, see 4 MLBSA § 8.
Band government identification cards, see 22 MLBSA § 308.
Employee credit union, see 17 MLBSA § 1 et seq.
Personal income tax, see 22 MLBSA § 701.
Suits against Band officials, see 24 MLBSA § 701.
Violation of orders or opinions, see 24 MLBSA § 1212.

 

CHAPTER 1

PERSONNEL POLICY MANUAL

Subchapter
Section
I. General Provisions
1
II. Employment and Retention
101
III. Benefit Policies
201
IV. Federal Regulations
301

Historical and Statutory Notes

Band Statute 1099-MLC-8, Article 5, § 1 provides in part:

"Severability. If any provision of these Personnel Policies or the application there of to any person, business, corporation or circumstances is held invalid, the invalidity shall not effect other provisions of the application of the total policy which can be given effect without the invalid provision or application; to this end the Personnel policies are declared severable. The Court of Central Jurisdiction shall liberally construe the provisions of these Personnel Policies so as to effectuate their purposes."

Cross References

Employee parking, see Admin.Comm.Order 22-85.
Gaming Commission employees, compliance with provisions of law, see 15 MLBSA § 403.
Code of Federal Regulations Staffing with Bureau of Indian Affairs employees, see 25 CFR 275. 1 et seq.

 

SUBCHAPTER I

GENERAL PROVISIONS

Section
1. Purpose.
2. Interpretation.
3. Attachments.
4. Duration.
5. Amendments.
6. Definitions.
7. Civil rights.
8. Exempt personnel.
9. Organizational charts.
10. Trade involving employees and appointees of the Mille Lacs Band.
11. Leases of restricted lands under jurisdiction of Band.


§ 1. Purpose

The purpose of this Chapter, the Personnel Policy Manual, is to establish an administrative body of law for employees of the Mille Lacs Band of Chippewa Indians. All employees should familiarize themselves with its contents.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 1.


§ 2. Interpretation

All policies and procedures outlined in this chapter shall be subject to the interpretation of the Administration Policy Board; provided that exemptions in any other section of this chapter or of Band Statute shall apply.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 2.


§ 3. Attachments

Any proposed attachments to this Personnel Policy Manual shall be put in writing, then forwarded to the Commissioner of Administration. The Administration Policy Board shall have sufficient authority to review a proposed attachment. Should the Chief Executive approve the aforementioned proposed or any other proposed attachment it shall be integrated into this manual. It shall be obligatory for the Commissioner of Administration to number each attachment consecutively and all affected employees shall receive notification of attachments within seven (7) calendar days of integration.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 3.


§ 4. Duration

This manual must be reauthorized on an annual basis to coincide with the Band's fiscal year. The Commissioner of Administration shall recommend any changes of this manual to the Chief Executive no later than sixty (60) calendar days prior to the commencement of the Band's fiscal year. The Chief Executive's annual recommendation is subject to Band Assembly ratification.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 4.


§ 5. Amendments

The Administration Policy Board fully reserves the right to alter, amend, or repeal the several provisions of these Policies, subject to ratification of the Band Assembly. The Commissioner of Administration shall notice the Speaker of the Assembly within two weeks of the proposed amendment.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 5.


§ 6. Definitions

In this Personnel Policy Manual the following terms shall have the following definitions:

(a) Administration. A major functional unit of the Executive Branch that manages the day to day operations of the Band's contracts.

(b) Administration Policy Board. A board in which the members are the Commissioner of Administration, Assistant Commissioner of Administration, Commissioner of Education, Commissioner of Health and Human Services, and Commissioner of Natural Resources. Its powers are to the extent of Band Statutes.

(c) Advancement. A salary increase within the limits of a pay range established for the position.

(d) Assistant Commissioner of Administration. A Commissioner who handles the duties and responsibilities of the Commissioner of Administration upon delegation by the Commissioner of Administration. Other duties of this person include Commissioner duties of other administrations with that Commissioner's delegation.

(e) Band Assembly. The legislative branch of tribal government. Elected assembly consisting of Speaker of Assembly and representatives from Districts I, II and III.

(f) Band Statute. Tribal laws duly authorized.

(g) Chief Executive. Elected head of Executive Branch who delegates his authority to his appointees.

(h) Commissioner of Administration. A Commissioner who is to chair the Administration Policy Board and prepare the agenda. Perform other duties as prescribed in this Personnel Policy Manual and in Band Statutes.

(i) Commissioner of Education. A Commissioner who is in charge of the Education Administration and is the supervisor to the Contracting Officers and employees of the Education Administration. Other duties are further delineated in the Band Statutes.

(i) Commissioner of Health and Human Services. A Commissioner who is in charge of the Human Services Administration and is the supervisor to the Contracting Officers and employees of the Human Services Administration. Other duties are further delineated in the Band Statutes.

(j) Commissioner of Natural Resources. A Commissioner who is in charge of the Natural Resources Administration and is supervisor to those employees of the Administration. Other duties of this Commissioner are further delineated in the Band Statutes.

(k) Compensatory Time. Compensatory time shall be considered as time worked in excess of the regularly scheduled workday or workweek. Employees, which had been previously authorized in writing by the appropriate Commissioner. Positions having this authorization must be filed with the Commissioner of Administration.

(l) Continuous Service. Uninterrupted employment by the Band from fiscal year to fiscal year. Any leave by employee does not constitute a break in service.

(m) Contracting Officer. Any employee designated by a Commissioner to be empowered with certain contract responsibilities.

(n) Corporate Commission. A five (5) member commission duly empowered by Band Statute to have jurisdiction over any and all matters pertaining to commercial enterprise of the band.

(o) Demotion. A transfer of an employee to a position which has a lower rating or salary range.

(p) Disciplinary Action. Imposition of certain personnel actions, e.g. reprimand, warning, suspension, dismissal, demotion, as a result of conduct detrimental to the Band.

(q) Dismissal. Termination of employment for just cause.

(r) Duty Day. Any day which an employee is scheduled for work.

(s) Employee. Anyone who is employed with the Band through the hiring process.

(t) Fiscal Year. Twelve (12) month period beginning October 1 and ending September 30.

(u) Full-Time Employee. An employee who works a minimum of thirty (30) hours per payroll period.

(v) Grievance. A complaint filed by an employee for an alleged injury, injustice or wrong which initiates a process to seek relief.

(w) Housing Executive Director. The executive who directs day-to-day activities for the Housing Authority.

(x) Intergovernmental Transfer. A change of an employee from one position to another in a different administration.

(y) Lay-Off. A separation from employment because of organizational changes, lack of work, lack of funds, or other reasons not reflecting discredit upon an employee.

(z) Leave. Any absence during any scheduled duty day by an employee authorized by their supervisor or by this manual.

(aa) Part-Time Employee. An employee who is employed regularly for less than the minimum number of working hours (less than 30 hours), but who normally follows predetermined, fixed pattern of working hours.

(bb) Personnel Action. Any action taken with reference to compensation, promotion, transfer, lay-off, dismissal, or other action affecting the status of employees.

(cc) Probationary Period. A working test period of ninety (90) days during which an employee is required to demonstrate his fitness for the duties to which he is employed by actual performance of the duties of this position. A probationary employee is subject to termination due to just cause.

(dd) Promotion. The change of position for any employee to higher rating or salary range.

(ee) Public Service Contracts. Any contract entered into by the Band for the provision of services to its members.

(ff) Regular Employee. An employee who is retained on an annual basis.

(gg) School Board. A five (5) member board duly empowered by Band Statute to exercise jurisdiction in educational matters of the Band.

(hh) Supervisor. Any person who directs the work of others.

(ii) Suspension. Temporary separation of an employee from Band service for disciplinary purposes.

(jj) Temporary Employee. An employee who has been employed for a limited period usually less than thirty (30) days.

(kk) Termination. A termination is when an employee resigns or is discharged from employment.

(ll) Workday. The regularly scheduled workday shall be eight (8) hours.

(mm) Workweek. The regular scheduled workweek shall be Monday through Friday eight (8) hours per day, unless modified by Commissioner.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 5.


§ 7. Civil rights

The provisions of Article XIII of the Constitution of the Minnesota Chippewa Tribe and 1 MLBSA § 1 et seq., regarding the basic civil rights of persons located on lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians, are applicable to all employees of the Band.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 5.


§ 8. Exempt personnel

(a) The following positions shall not be subject to the provisions contained herein.

(1) The Chief Executive.

(2) Members of the Band Assembly, including Speaker of the Assembly.

(3) Justices of the Court of Central Jurisdiction.

(b) The appointees of the Chief Executive shall be obligated to perform any duty contained herein but will be exempt from these personnel policies subject to the limitation of applicable Band Statutes.

(c) Any employee hired under contract is hereby not affected by these policies.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, §§ 5, 6.


§ 9. Organizational charts

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 7.


§ 10. Trade involving employees and appointees of the Mille Lacs Band

Government employees are not to trade with any entity of the Band except in certain cases. No person employed in the civil service of the Mille Lacs Band shall have any interest or concern in any trade with any entity of the Band except for an on account of the Mille Lacs Band; and any person offending herein shall be liable to a penalty of $500.00. Pending the promulgation of regulations prescribing in more detail the transactions authorized by the Act of June 19, 1939, United States Code, (See, now, 18 U.S.C.A. § 437 (b)) employees of the Mille Lacs Band, including those employed in political sub-divisions of the Mille Lacs Band, may be permitted to trade with any Band member or Band organization under the conditions specified below:

(a) Employees of the Mille Lacs Band, including those in the employ of political sub-division thereof, may, with the approval of the Chief Executive in each case where the amount involved exceeds $500.00 and with the approval of the Chief Executive where the amount involved does not exceed $500.00, be permitted to purchase from any Band member or Band organization any arts and crafts or any other product, service or commodity produced, rendered, owned, controlled or furnished by any Band member or Band organization. Provided that no employee of the Mille Lacs Band shall be permitted to make any such purchases for the purposes of engaging, directly or indirectly, in the commercial selling, reselling, trading or bartering of said purchases by the said employee.

(b) Employees of the Mille Lacs Band, who are enrolled members of Mille Lacs Band, may be members in the same manner as other Band members of the Non-Removable Mille Lacs Band of Chippewa Indians not so employed and receive benefits by reason of their membership in such Band or corporation or cooperative associations, organized by and operated for the Non-Removable Mille Lacs Band of Chippewa Indians. Such Band member government employees may engage in all lawful transaction with band members, the Non-Removable Mille Lacs Band of Chippewa Indians and such corporations or cooperative associations. None of the transactions authorized herein may be entered into by such employees for the purpose or engaging, directly or indirectly, in selling, releasing, reading, bartering or passing on in any other way for profit the objects, rights, services or property thus acquired. Nothing in this section shall prevent in proper cases the disposition of any such property when such transaction cannot be considered as actually engaging in any of the business prohibited in this Section. All transactions authorized herein to be valid must be approved by the Chief Executive upon ratification by the Band Assembly.

(c) The purchase of small quantities for home use or consumption by Government employees or other, of blankets, baskets, etc., and articles of subsistence offered for sale by any entity of the Band, is held not to constitute trading with Band members.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1. § 8.

Cross References

Procurement, standards of conduct, see 7 MLBSA § 4.
Senior Executive Staff appointees, avoiding conflict of interest, see 6 MLBSA § 1007.


§ 11. Leases of restricted lands under jurisdiction of Band

Leases of trust or restricted lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians or from Band member employees of the Mille Lacs Band must be made on sealed bids unless the Chief Executive upon ratification by the Band Assembly waives this requirement on the basis of a full report showing: the need for the transaction, the benefits accruing to both parties and that the consideration for the proposed transaction shall be not less than the appraised value of the lands or leasehold interest unless the Indian employee qualifies and is intending a transaction in accordance with this chapter. An affidavit as follows shall accompany each proposed land transaction:

I, ________________________ (name), _________________ (title), swear (or affirm) that I have not exercised any undue influence nor used any special knowledge received by reason of my office in obtaining the (grantor's, purchaser's, vendor's) consent to the instant transaction.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 9.

Cross References

Procurement, standards of conduct, see 7 MLBSA § 4.
Senior Executive Staff appointees, avoiding conflict of interest, see 6 MLBSA § 1007.

 

SUBCHAPTER II

EMPLOYMENT AND RETENTION

Section
101. Contract obligations.
102. Evaluation and review.
103. Summary dismissal.
104. Just cause for termination.
105. Termination procedure.


§ 101. Contract obligations

All contract awards to the Band must be filed immediately with the Chief Executive, or if he so designates, the Commissioner of Administration. After approval of personnel positions necessary to implement contract obligations obtained through the Administration Policy Board. The following hiring process shall be utilized to insure the employment of the most qualified individuals for service to the Band:

(a) Upon notification of contract award the Commissioner of Administration or any designated executive shall develop a job position description listing qualifications and expectations of the position.

(b) Authorized job position description shall be announced at all three districts in public place for a period of ten (10) days prior to closing.

(c) All applicants will be reviewed to ascertain their qualifications for the position. Qualified applicants shall be notified for interviews. Interviews will be conducted by the Commissioner of Administration and/or appropriate empowered executives.

(d) The most qualified applicant shall be recommended to the appropriate Board/Commission for hire.

(e) The appropriate Board/Commission must review their decision within seven (7) days with the Chief Executive. The Chief Executive may overturn that decision for just cause. Any employee who has their hiring overturned in said manner shall be immediately terminated and compensated for actual time worked. Any applicant may request in writing to the Administration Policy Board an explanation for their non-selection. The Court of Central Jurisdiction may exercise jurisdiction to hear matters of applicant grievance, provided: if grieved applicant shows that a Commissioner's or Executive's action violated these personnel policies, or; if grieved applicant shows that any violation of their civil rights occurred as defined by 1 MLBSA § 1 et seq., or; if grieved applicant shows that any action of a Commissioner, Policy Board, or Commission exceeded their statutory authority.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 2, § l.

Cross References

Administration Policy Board powers and duties, see 4 MLBSA § 8.


§ 102. Evaluation and review

(a) Evaluations. Evaluations will be done on all employees ninety (90) days into the Band's fiscal year. The supervisor of an employee will also conduct an evaluation prior to end of the Band's fiscal year. Probationary employees are subject to evaluations at any time during their probationary period.

(b) Annual review. Each Band employee is subject to an annual review at the end of each fiscal year and the supervisor may at his discretion, recommend the continued employment of current employees. If the employee has a negative review at the end of the fiscal year, the supervisor may:

(1) Terminate the employee provided the employee has received a verbal reprimand and a written warning during the fiscal year. The employee shall have the right for a post-termination hearing pursuant to 6 MLBSA §§ 104 and 105.

(2) Issue a written warning to the employee if the employee has received a verbal reprimand during the fiscal year pursuant to 6 MLBSA §§ 104 and 105.

(3) Verbally reprimand the employee pursuant to 6 MLBSA § 103.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 1, § 5, Art. 4, § 1.


§ 103. Summary dismissal

(a) An employee is subject to an immediate Summary Dismissal if a supervisor has a reasonable belief that the employee has committed one of the following acts while on duty. However, this list shall not be considered exclusive:

(1) An offense against another person:

(A) Assault.

(B) Battery.

(C) Sexual assault.

(2) An offense against property:

(A) Theft (including embezzlement).

(B) Robbery.

(C) Unauthorized use of a vehicle (including driving without insurance).

(D) Burglary.

(E) Arson.

(F) Receiving stolen property.

(G) Vandalism.

(3) Miscellaneous offenses:

(A) Forgery.

(B) Obtaining a signature by deception.

(C) Bribery.

(D) Criminal impersonation.

(E) Improper influence of official

(F) Obstruction of Band administration.

(G) Obstruction of justice.

(H) Tampering with a public record.

(I) Falsification of documents.

(4) Alcohol related offenses:

(A) Intoxication on the job.

(B) Selling alcohol to persons under the age of 21.

(5) Controlled substances:

(A) Possession of controlled substances.

(B) Sale of controlled substance.

(b) A hearing before the Administration Policy Board will be held within five days of a Summary Dismissal upon the employee's written request. Employees shall have the right to counsel and the right to present testimony and evidence. The Administration Policy Board shall serve as the finder of facts. In the event the employee does not exercise this option, the supervisor shall notify the individual of termination.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 4, § 2.

Cross References

Administration Policy Board, powers and duties, see 4 MLBSA § 8.
Assault, see 24 MLBSA § 1101.
Battery, see 24 MLBSA § 1102.
Bribery, see 24 MLBSA § 1204.
Compliance with Drug-Free Workplace Act of 1988, see Admin.Comm. Order 35-90.
Controlled substances, possession or sale, see 23 MLBSA §§ 3, 4.
Disorderly conduct, see 24 MLBSA § 1253.
Embezzlement, see 24 MLBSA § 1153.
Forgery, see 24 MLBSA § 1156.
Fraud, see 24 MLBSA § 1154.
Impersonating tribal officer or other person in authority, see 24 MLBSA § 1213.
Injury to public property, see 24 MLBSA § 1201.
Liquor violations, see 24 MLBSA § 1258.
Malicious mischief, see 24 MLBSA § 1160.
Motor vehicles, operation without insurance, see 19 MLBSA § 302.
Obstruction of justice, see 24 MLBSA § 1208.
Open Bottle Law, see 19 MLBSA § 306 [Digitizer's note: Section not in digital copy].
Operation of motor vehicle under influence of alcohol or controlled substance, see 19 MLBSA § 305.
Receiving stolen property, see 24 MLBSA § 1158.
Theft, see 24 MLBSA § 1152.


§ 104. Just cause for termination

Just cause for termination shall be as follows:

(a) All infractions listed in 6 MLBSA § 103.

(b) Behavior problems:

(1) Intoxication on the job.

(2) Absence from work without permission.

(3) Being habitually late or tardy.

(4) Being wasteful of materials or property.

(5) Inability to interrelate with co-workers in a peaceful manner.

(6) Insubordination problems.

(c) Work procedure problems:

(1) Failure to follow orders of a supervisor.

(2) Failure to perform work in an efficient manner.

(3) Failure to carry liability insurance for a vehicle used for Band business.

(4) Operating a Band vehicle without a Minnesota driver's license.

(5) Failure to comply with the terms of a grant or contract.

(d) Miscellaneous problems:

(1) Disrupting other Band programs.

(2) Conduct unbecoming an employee while on duty.

(3) Conviction of a felony under Band, State or Federal law while an employee of the Band.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8 Art. 4 § 3.031.

Cross References

Compliance with Drug-Free Workplace Act of 1988, see Admin.Comm. Order 35-90.
Gaming during regular working hours, see Admin.Comm. Order 45-92.
Political activity by Band employees, see Admin.Comm. Order 58-94.


§ 105. Termination procedure

Supervisors may terminate employees after the following steps are taken except if a violation of 6 MLBSA § 103:

(a) Verbal Reprimand: The supervisor must orally explain the behavioral or work procedure problem which he is experiencing with the employee. The supervisor should provide a means to remedy the problem.

(b) Written warning: The supervisor must explicate the specific problem in writing and present the statement to the employee.

(c) Termination notice: The supervisor must state the specific reason for termination on the notice. Termination notices may only be sent subsequent to a verbal reprimand and a written warning.

(d) Post-termination hearing: An employee shall have the right to an administrative hearing within two weeks following the serving of the Termination Notice. Employee shall have the right to counsel and the right to present testimony and evidence. The Administration Policy Board shall serve as the finder of facts.

 

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 4 § 3.

 

SUBCHAPTER III

BENEFIT POLICIES

Section
201. Compensation.
202. Fringe benefits.
203. Sick leave and annual leave.
204. Retention and transferability of sick leave and annual leave.
205. Holiday leave.


§ 201. Compensation

All employees shall be compensated for work done satisfactorily. Prior to commencement of the fiscal year, the Commissioner shall compile a job classification and salary schedule for the Chief Executive's review.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 3, § 1.

Cross References

Fiscal year, see 2 MLBSA § 19 [Digitizer's note: Section not in digital copy].


§ 202. Fringe benefits

Fringe benefits shall be Workman's Compensation Insurance, health and life insurance, F.I.C.A. (Federal Insurance Contribution Act), B.U.E.P. (Band Un-employment/employee Plan).

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 3, § 2.


§ 203. Sick leave and annual leave

The rate at which an employee accumulates sick leave shall be the same rate regardless of employee's length of service. The rate at which an employee accumulates annual leave shall be based on the length of employment within applicable administration units limitations. Schedule one shall indicate sick leave and annual leave computations for employees under jurisdiction of the Administration Policy Board and other units adopting the schedule.

SCHEDULE ONE

Sick Leave

Sick leave is computed at a rate of two (2) hours per pay period based on forty (40) hours per pay period. Sick leave does not increase as to the number of years of employment.

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
1 hour sick leave accumulated.
1 1/2 hours sick leave accumulated.
2 hours sick leave accumulated.

Annual Leave

Annual leave will not go any higher that 4 hours per pay period.

1st, 2nd & 3rd Years of Continuous Service

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
1 hour annual leave accumulated.
1 1/2 hours annual leave accumulated.
2 hours annual leave accumulated.

4th, 5th & 6th Years of Continuous Service

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
1 1/4 hour annual leave accumulated.
1 7/8 hours annual leave accumulated.
2 1/2 hours annual leave accumulated.

7th, 8th & 9th Years of Continuous Service

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
1 1/2 hour annual leave accumulated.
2 1/4 hours annual leave accumulated.
3 hours annual leave accumulated.

10th, 11th & 12th Years of Continuous Service

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
1 3/4 hour annual leave accumulated.
2 5/8 hours annual leave accumulated.
3 1/2 hours annual leave accumulated.

13th, 14th & 15th Years of Continuous Service

20 hours worked per pay period
30 hours worked per pay period
40 hours worked per pay period
2 hour annual leave accumulated.
3 hours annual leave accumulated.
4 hours annual leave accumulated.

No employee shall accumulate sick leave or annual leave while they are on sick leave or annual leave status.

SCHEDULE TWO

Total allowable hours of annual leave per year shall be calculated by the formula:
Total Annual Leave = y{[2080-(hours of sick/annual leave used)]/40}.
When y = rate of accumulated Annual Leave.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 3, § 3.

Cross References

Time limit for expending annual leave, see Admin. Comm. Order 57-94.


§ 204. Retention and transferability of sick leave and annual leave

(a) Employees shall retain sick leave and/or annual leave if either of the following circumstances are applicable:

(1) Funding source and job description remain similar fiscal year to fiscal year and supervisor approves retention.

(2) Employees transfer to another contract within same administration with essentially same duties and supervisor approves retention.

(b) Employees' retention of sick or annual leave shall not normally transfer on a fiscal year to fiscal year basis nor if employee transfers to a different administration.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 3, § 4.01.


§ 205. Holiday leave

(a) For subordinate administrations of the Administration Policy Board the observation of twelve (12) day holiday leave shall be designated and occurrence dates as:

*American Indian Day October 10, 1988
Warriors Day November 11, 1988
Miigwech Day November 24, 1988
*Mid-Winter Break Days


December 23, 1988 at noon
December 26, 1988
January 2, 1988
Chiefs' Day February ___, 1989
*Spring Break Days February ___, 1989 at noon
Memorial Day May ___, 1989
Mid Summer Day July 4, 1989
*Mille Lacs Day August ___, 1989
Labor Day September ___, 1989.


(b) Asterisked (*) holidays may be worked by employee if approval is received by Commissioners for an optional holiday day later.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 3, § 4.02.

 

SUBCHAPTER IV

FEDERAL REGULATIONS

Section
301. Federal regulations incorporated into Personnel Policies.


§ 301. Federal regulations incorporated into Personnel Policies

The following CFR provisions as they relate to the Mille Lacs Band of Chippewa Personnel System have become a part of our Personnel Policies:

(a) 25-271.14. Contents of Contract Application.

(b) 25-275.1. Staffing, Purpose and Scope.

(c) 25-275-3. Methods of Staffing.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Art. 5, § 1.

 

CHAPTER 2

SENIOR EXECUTIVE STAFF POLICIES

[See Ordinance 39-98 -- Travel regulations]

Section
1001. Payroll.
1002. Salary status.
1003. Travel mileage.
1004. Per diem.
1005. Fringe benefits -- [Repealed and replaced by Ordinance 45-98]
1006. Effect of resignation or removal -- Repealed and replaced by Ordinance 45-98]
1007. Avoiding conflict of interest.

[Additional Fringe benefits ordinance -- Ordinance 47-98]


§ 1001. Payroll

(a) The Mille Lacs Band Assembly has determined that each appointed member of the government shall have a payroll check prepared after they submit and sign an authorized time sheet.

(b) The Mille Lacs Band Assembly has determined their payroll is to be issued each Friday at 10:00 a.m. for the previously ended pay period of Friday.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Gov. Pol., §§ 1, 1.2.


§ 1002. Salary status

(a) All appointed members of the government are on salary.

(b) Compensatory time shall not be available for Senior Executive Staff appointees of tribal government.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Gov. Pol., §§ 1.3, 1.4.


§ 1003. Travel mileage

(a) Senior Executive Staff appointees of tribal government may claim mileage at a rate not to exceed an amount established by the government. Including this information on your voucher will enable the Mille Lacs Band of Chippewa Indians to verify the amount of per diem claimed quickly and easily. This means that your voucher will be processed without having to verify these details by phone or letter.

(b) If an individual is a passenger in a vehicle, they may not claim any reimbursement for mileage.

(c) Senior Executive Staff appointees of tribal government shall exercise the car pooling concept as much as possible when traveling to the same location.

(d) Senior Executive Staff appointees of tribal government shall reimburse the government account for all travel in which they will receive a travel payment by the sponsoring agency in order to avoid double payment.

Historical and Statutory Notes

Source:Band Statute 1099-MLC-8. Gov. Pol. § 2


§ 1004. Per diem

(a) The maximum rate of per diem is not to exceed an amount established by the government unless the travel is to a city designated by the tribal government as a high rate locality. See high rate locality designated which is out of the State of Minnesota.

(b) If the traveler will be required to stay overnight at his/her own expense, per diem should be charged, on quarterly basis, at $50.00 per day ($12.50 per quarter).

(c) If overnight accommodations will not be at the traveler's expense (staying with family, friends, etc.) per diem should be charged at $25.00 per day on a quarterly basis ($6.25 per quarter).

(d) A travel period of longer than six (6) hours, beginning before 8:00 a.m. or ending later than 5:00 p.m., would make the traveler eligible to claim per diem at a rate of $6.25 per quarter ($25.00 per day).

(e) Computing per diem:

(1) Establish the appropriate daily maximum ($25.00 per day without lodging: $50.00 per day with lodging).

(2) Determine how many hours the trip took. If, for example, a traveler left for a meeting at 5:30 a.m. and returned at 9:30 p.m. on the same day, the trip required sixteen (16) hours.

(3) Take the total number of hours and divide by six (6). Using the same example, 16 divided by 6 equals 2 and 2/3.

(4) The traveler is entitled to one quarter of the daily maximum for each six hour period or portion of a six hour period they were gone. In the example, the person was gone for 2 and 2/3 six hour period, or three quarters. No overnight lodging was necessary so the daily maximum would be $25.00 per day or $6.25 per quarter.

(f) The traveler is entitled to a set amount for meals which are during time of travel. The set amounts are: $3.50-breakfast, $5.00-dinner, $8.00-supper. These set amounts are for those traveling over 29 miles from work and no receipts are required to receive monies for meals.

(g) When you submit your voucher to the Financial Officer for reimbursement be sure that you give the following information:

(1) Date and times of departure and return.

(2) Location traveled to (city, state, etc.).

(3) Purpose of travel (attached meeting, training session, etc.)

(4) Attached copy of plane/bus ticket, when such transportation is used.

(h) Senior Executive Staff appointees of tribal government who receive per diem for program business travel must receive compensation at a rate established by the tribal government for program employees. The difference in payment schedules to be reimbursed with government funds.

(i) Out of town travel shall be governed by the Mileage and Per Diem Reimbursement Regulations of the Mille Lacs Band Assembly. Requests for travel advances are due in the Office of Management and Budget in advance of your scheduled departure as check signers may not be available. An approved Authorization for Official Travel document serves as your request for travel advance. Out-of -state travel requires the approval of the Chief Executive.

(j) Upon your return from official travel, Senior Executive Staff appointees are required to submit an Out of Town Travel Expense Statement. See the bookkeeper/accountant who issued the check for this. The only receipts needed are the hotel, airline, and travel receipts. Once these receipts are turned in they are the responsibility of the accountant.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Gov. Pol., § 3.


§ 1005. Fringe benefits -- [Repealed and replaced by Ordinance 45-98]


§ 1006. Effect of resignation or removal -- [Repealed and replaced by Ordinance 45-98]


§ 1007. Avoiding conflict of interest

(a) Senior Executive Staff appointees of tribal government shall not use their appointed position for their own personal financial benefit or the financial benefit of family members.

(b) Appointed officials of tribal government shall not order the preparation of any type of check in which they/or an immediate family are to be the payee.

(c) Senior Executive Staff appointees of tribal government shall not be loaned program/corporate funds under any circumstances provided that all programs follow the same policy.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-8, Gov. Pol., §§ 4.03 to 4.05.

Cross References

Leases of restricted lands under Band jurisdiction, see 6 MLBSA § 11.
Trade involving employees and appointees of Band, see 6 MLBSA § 10.

Amendments received through: August 29, 2003

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