Oglala Sioux Tribe: Law and Order Code
Last amended: 1996; New Ordinances Received: 2002.
CHAPTER 17
O.S.T. PERSONNEL POLICIES AND PROCEDURES
PART I - GENERAL INFORMATION.
A. Definitions - The following definitions apply throughout this manual unless the context establishes another meaning.
1. Personnel Board means the Personnel Board of the Oglala Sioux Tribe.
2. Personnel Director means the director of the Personnel Department.
3. Appointing Authority means the person delegated authority to make appointments.
4. Executive Director means the director of all departments and programs under the Oglala Sioux Tribe.
5. Position means a job related function composed of specific duties whether part-time, full-time, temporary or permanent, occupied or vacant.
6. Unclassified position means a position herein designated as a political position not included under the Oglala Sioux Tribal Personnel System.
The Unclassified Position means a position herein designated as a political position not included under the Oglala Sioux Tribal Personnel System.
The Unclassified Positions shall be comprised of the following officers and positions
A. Members of the Tribal Council and other elective officers and persons appointed to fill vacancies of the elective officers.
B. Tribal Prosecutors, Judges and Tribal Attorneys.
C. Members of Boards, Committees and Commissions in the tribe's service.
D. Persons elected or appointed to make or conduct a special inquiry, investigation, examination or process. The work should not be performed by employees in the classified service.
E. Political Appointments by the Oglala Sioux Tribal President or Executive Committee.
7. The Classified Positions shall be comprised of all positions which are not cited immediately above.
A. Under the laws and ordinances of the Oglala Sioux Tribe and the United States of America, the Oglala Sioux Tribal Court employees, excluding the unclassified positions, are hereinafter governed by the Oglala Sioux Tribal Personnel System.
B . Employees, excluding unclassified positions of the Oglala Sioux Tribal Court, will be oriented with the statement that they are also under the umbrella of the Oglala Sioux Tribal Personnel System.
8 . Class means a group of positions sufficiently similar to the duties performed, degree of supervision exercised or required, minimum requirements of training, experience or skill and other characteristics with the same title, the same tests of fitness, and the same schedule of compensation may be applied to each position in the group.
9. Eligible applicant means any applicant who received a final passing rating.
10. Certificate of Eligible means a listing of best qualified and eligible candidates from which selection can be made.
11. Employee means any person in the employ of the Oglala Sioux Tribe who receives continuous supervision, who has been appointed under an employment agreement to a position of extended duration and who uses the resources of the tribe.
12. Appointment means the placement of an individual to a permanent position through the Hiring and Selection process.
13. Permanent position a position which is expected to continue for more than fifty-two weeks and was selected through the Hiring and Selection process.
14 . Temporary Appointment means an appointment from an applicant pool for a period not to exceed 90 days.
15. Part-time Employee means an employee who is regularly scheduled to work less than the normal number of hours per week.
16. Probationary Period means the first 90 calendar days of employment beginning with the date of appointment to a permanent position as described in Part III, E. 4.
17. Demotion means a change in status of an employee from a position in one class to a position in another class having a lower entrance salary.
18. Resignation means the end of employment of an employee made at the request of the employee .
19. Dismissal means the termination of employment of an employee for a cause.
20. Suspension means an enforced leave of absence for disciplinary purposes pending investigation of charges made against an employee.
21. Days shall refer to calendar days.
22. Lump Sum Payment means a payment for the unused portion of accrued annual leave as described in Part III, E.
23. Immediate Family means first degree relatives, i.e., father, mother, son, daughter, sister, brother, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son, stepdaughter, step-brother, stepsister, half-brother, half-sister, grandfather or grandmother.
24. Tribe or Tribal refers to the Oglala Sioux Tribe.
25. Council refers to the Oglala Sioux Tribal Council.
26. Outside Work means all gainful employment other than the performance of official duties, including but not limited to, self-employment, working for another employer, the management of operation of a private business for profit (including personally owned businesses, partnerships, corporations, and other business entities.)
27. Outside Activity means outside work, lectures, consultations, discussions and other similar activities.
28 . Grievance is defined as an employee's unresolved dissatisfaction with any aspect of working conditions, working relationships or disciplinary action imposed on the employee.
29. Appellant - Person filing the grievance.
30. Appellee - Person against whom the grievance is filed.
B . PURPOSE.
This Personnel Policy Manual is simply the tribe's personnel policies written into a usable guidebook for managerial and supervisory staff. This manual not only outlines the policies toward the various phases of the employer-employee relationship, but it also indicates how policy is to be administered.
Written policies promote consistency, continuity and understanding.
Policies provide help to top management by obviating the need for time-consuming and expensive memos, bulletins and announcements.
Written Policies also aid our supervisors in consistently achieving fair and equitable interpretations of policy which require personnel action on a regular, recurring basis.
Employees feel a deeper understanding of their role in the organization when they realize that policies are written and thereby uniformly administered.
Specifically speaking, this Personnel Policy Manual is designed to provide us with the following advantages.
UNDERSTANDING - assures correct interpretation of various issues instead of distortion.
LINE OF AUTHORITY - it results in a solid delineation of authority.
CONSISTENCY - means employees will be treated equally and it prevents, to a great extent, prejudice and bias in the decisions of supervision.
This Personnel Policies Manual is designed to be a working guide for supervisory and staff personnel in the day-to-day administration of the Oglala Sioux tribe's Personnel program.
These written policies should increase understanding, eliminate the need for personal decisions on matters of tribal policy, and help to assure uniformity throughout the organization. It is the responsibility of each member of management to administer these policies in a consistent and impartial manner.
Procedures and practices in the field of personnel relations are subject to modification and further development because of experience. Each member of management can help in keeping our personnel program up-to-date by notifying the personnel department whenever problems are encountered or improvements can be made in the administration of our personnel policies.
The Personnel Policies Manual is designed to serve as a ready reference for members of management and supervision in everyday personnel administration.
For purposes of this manual, a policy is the general statement of a tribal goal. Procedures are specific steps for reaching that goal.
C. AUTHORITY OF THE PERSONNEL MANUAL.
The Personnel Manual is designed to provide the Oglala Sioux Tribe with an important source of information that the tribe can look to with authority and completeness.
The Manual is useful in increasing understanding of tribal wide personnel policies and practices, as well as procedures to operate the personnel system.
The personnel program presented in this manual will produce information essential to carry out the personnel program and to determine how well the program is meeting tribal and employee needs.
The personnel policies, procedures and guideline in this personnel manual will remain in effect until changes are considered necessary as a result of internal growth, competitive forces, or as a result of general economic conditions pertaining to the tribe. However, any such change to be made in any personnel policy or procedure will be made only after giving due consideration to the mutual advantages, benefits and responsibilities of such changes on the tribe and the employees.
Should such changes be warranted and approved by the Oglala Sioux Tribal Council, employees will be notified immediately and given revised policy changes which will be placed where indicated in the Personnel Manual and Employee Handbook.
Any question as to the interpretation or understanding of any policy or procedure will be addressed by the Personnel Office or the Personnel Board. It is most important that all employees continue to have full and complete understanding of all personnel policies and procedures.
D. AMENDMENTS.
If it appears desirable in the interests of good administration, the Personnel Board with the advice of the Personnel Director may make recommendations to the Tribal Council to amend or revoke any of the rules and regulations from time to time as permitted by tribal statute and as the circumstances for the good of the tribe may require.
E. SUGGESTIONS.
All employees and officials of the Oglala Sioux Tribe are encouraged to submit suggestions in writing for the improvement of the Personnel System for the efficient operation of the tribe. Such suggestions shall be submitted to the Personnel Office.
F. ORGANIZATION, ROLES AND DUTIES.
Section 1. Oglala Sioux Tribal Personnel Board.
A. The Personnel Board shall be composed of one member elected from each district, thereby creating a nine (9) member board. All members shall be elected by his/her respective District Council, and shall be confirmed by District Council Resolution and certified by the Oglala Sioux Tribal Council. The initial board shall draw lots in April of 1990 for four (4) four (4) year terms; for three (3) three (3) year terms; and for two (2) two year terms. Thereafter, all terms of office, except for the initial board, shall be for terms of office of four (4) years. Any board member who fails to attend three (3) consecutive board meetings shall be automatically removed from the Personnel Board by the Board declaring that position vacant. The Personnel Office shall notify the respective District of the vacancy and the District shall immediately appoint a person to fill the vacancy until the next regularly scheduled Personnel Board election. All Personnel Board elections shall be held in April and shall be held in conjunction with the Oglala Sioux tribe's General Election if at all possible.
B. It shall be the duties of the Personnel Board within the scope of this Ordinance to:
(a) Establish general guidelines for the administration of the Personnel System. Provide general policy guidance and direction to the Personnel Director within the framework of the Personnel System guidelines.
(b) Assist the Personnel Director in formulating procedures for the conduct of the personnel management program.
(c) Make recommendations to the Personnel Director pertaining to broad based internal personnel practices and to assure conformity to this Ordinance and the Personnel System, and will work with the Oglala Sioux Tribal Personnel Policies and Procedures Revision Committee regarding amendments to this Ordinance.
(d) Approve a budget for submission to the Oglala Sioux Tribal Finance Committee and the Tribal Council covering all costs of the Personnel System activities as covered by this Ordinance.
(e) Promote public understanding of the purpose, policies and practices of the Personnel System. The individual board members will make quarterly reports to their respective district councils.
(f) Make recommendations for improvement in the program within the framework of the Personnel System. A copy of this report shall be open to public inspection.
(g) Hold meetings periodically or as the need arises.
(h) To develop recommendations to the Tribal Council which includes fringe benefits such as sick and vacation leave, hours of work, holidays, retirement and health benefits.
(i) Board members shall excuse themselves from participating in the entire interview and selection process and will be required to leave room during these processes.
(j) Perform other functions as identified in the Personnel Policies and Procedures.
C . The Personnel Board shall annually elect a Board Chairperson from its membership. The Personnel Office Secretary shall take minutes and keep a record of the Board meetings. Meetings of the Personnel Board shall be held upon call of the Board Chairperson, the Personnel Director, or the Oglala Sioux Tribal President.
D. The minutes of all Personnel Board meetings shall be available at copy costs to the public.
E. A quorum of five (5) members must be present at meetings in order to conduct official board functions. Robert's Rules of Order shall be the final authority in conducting the board meetings.
F. The Personnel Board shall not become involved in political activities by promoting a political cause, candidate or issue.
G. The Personnel Board shall hire those positions paying $9,000.00 per annum and over, excluding the unclassified positions.
SECTION 2. PERSONNEL DIRECTOR.
The Personnel Director shall function under the general administrative direction of the Tribal President with general policy guidance and direction provided by the Personnel Board.
The Personnel Director shall be responsible for conducting, managing, and monitoring the centralized Tribal Personnel Program. The duties and functions of the Personnel Director include:
A. Formulating and recommending personnel management policies. The Personnel Director shall make a written report to the Oglala Sioux Tribal Council annually on the status of the Personnel System.
B. Planning and establishing programs to carry out Personnel System functions.
C. Assigning responsibility and exercising supervision over personnel activities.
D. Building and maintaining cooperative relationships with the management and staff .
E. Evaluating program success.
F. Serving as advisor to top management regarding personnel implications of policy and program decisions.
G . Developing and conducting personnel programs to promote employee morale and motivation.
H . Developing an Employee Handbook based upon tribal personnel policies.
I . Performs other related work as assigned.
The Personnel Director and staff are expected to relate personnel management functions to the achievement of effective, economical management. The major areas over which the Personnel Director has direct jurisdiction are:
1. job classification;
2. wage and salary administration;
3. recruiting and staffing;
4. work standards;
5. employee relations;
6. evaluation and appraisal;
7. discipline;
8. training and employee development;
9. grievance procedures; and
10. separation and termination.
The Personnel Director shall be provided an office separate and distinct from the offices occupied by the departments. The Personnel Director will develop and submit, through the personnel Board, budget requests to the Finance Committee and the Tribal Council covering all costs of operating the Personnel System activities.
G. ORGANIZATIONAL RELATIONSHIPS.
Section 1. Relation to the Personnel Board.
The Personnel Board shall provide general policy guidance and direction to the Personnel Director. Under the definition of general policy guidance and direction, the Personnel Board provides general functional policies and monitors the functions performed by the Personnel Director. The Personnel Board will not provide direct daily supervision to the Personnel Director. Under the definition of general policy guidance and direction, the Personnel Director is responsible for accomplishing the objectives of the Personnel System.
Section 2. Relation to Tribal President .
The Personnel Director will be under the general administrative direction of the Tribal President. General administrative direction is defined as: The Tribal President will specify major objectives of the Personnel Department. The Personnel Director is responsible for fulfilling accomplishing these general objectives. The Personnel Director will have the authority and discretion to determine the means of accomplishing these objectives.
Section 3. Staff Operation.
The Personnel Department will function as a "staff" agency within the Oglala Sioux Tribe. As a staff agency, the department will not have line authority over the administrative or operational departments or their personnel. The Personnel Department will operate as an advisory body to the tribe's programs and departments and will provide advice, assistance, and support to all the tribal employees covered by the Oglala Sioux tribe's Personnel System. The advice, assistance and support provided by the Personnel Department will be specifically limited to the area.
Section 4. Personnel System Funding.
The Tribal Council shall annually appropriate to the Personnel Department sufficient funds for the administration of these personnel policies and for the enforcement of the rules and regulations under these policies.
H. PERSONNEL RECORDS.
Section 1. Authority.
The Personnel Director shall establish and maintain a complete set of records on each employee. Each set of records will contain two (2) files. One (open) containing general information and the other (closed) containing confidential information of a personal nature. Personnel information will include information submitted on the application forms. All information of a personal nature is subject to the Privacy Act and will be closely. controlled to prevent unauthorized disclosure to persons without the written consent of the person whom the record is about.
Section 2. Availability.
Each employee is entitled to review the contents of their own personnel file, including the (closed) portion. The immediate supervisor shall also have access to the files, however others will not have access without the consent of the employee. Personnel files will be reviewed with Personnel staff; such files will not be removed from the Personnel Office by the employee or the immediate supervisor. Under no circumstances will an employee, immediate supervisor or other individual be allowed to remove documentation from the personnel files pertaining to personnel actions, i.e., reprimands, rating sheets, certificate of eligible, original application, job descriptions; these are the exclusive property of the Oglala Sioux Tribe however, the employee may request to update his or her personnel file by providing supplementary information such as earned college credit or may obtain a copy of his or her application.
Section 3. Annual Review.
Annually, at the time of the performance evaluation, the personnel file of each employee shall be reviewed to ensure completeness of file.
Section 4. Inactive Files.
Upon termination of employment, provided there are no grievance pending, the employee's personnel file shall be placed in the "Inactive Personnel" files.
Section 5. Recommendations Not Considered.
Recommendations concerning the political or religious opinions, beliefs or affiliations of applicants, eligible or employees shall not be considered or filed by the Oglala Sioux Tribe, Personnel Office or departments, any officer or employee involved or concerned in making appointments or promotions.
PART II. POLICY AREAS.
A . Coverage.
Section 1. Coverage.
The Oglala Sioux Tribal Personnel Manual shall apply to all classified persons employed by the Oglala Sioux Tribe except those employed by the tribe's chartered entities, the tribal contract schools and those persons who are defined as unclassified (see definitions). The policies and procedures defined herein shall apply to all classified employees in their entirety without exception.
Section 2 . Career Service.
The career Service shall be a permanent service to which these policies shall apply and shall comprise all positions in tribe's sponsored service now existing or hereafter established except the positions defined as unclassified.
The unclassified positions are:
1. Members of the Tribal Council and other elective officers and persons appointed to fill vacancies of the elective officers.
2. Tribal Prosecutors, Judges and Tribal Attorneys.
3. Members of Boards, Committees and Commissions in the tribe's service.
4. Persons elected or appointed to make or conduct a special inquiry, investigation, examination or process. The work should not be performed by employees in the classified service.
5. Political appointments made by either the Oglala Sioux Tribal President or by the other members of the Oglala Sioux tribe's Executive Committee. The Oglala Sioux Tribal President and the other members of the Oglala Sioux tribe's Executive Committee shall be allowed only two (2) political appointees, except for the Office of the Secretary, Oglala Sioux Tribe, who shall have three (3) appointments. All political appointees must have job descriptions for the positions they are to be appointed to prior to their appointment.
History: Amended by Ordinance No. 95-03A.
B. EQUAL EMPLOYMENT OPPORTUNITIES.
Section I. Nondiscrimination.
It is the policy of the Oglala Sioux Tribe not to discriminate against any employee or applicant for employment because of race, color, religion, creed, age, sex, national origin or qualified handicapped persons. This policy not to discriminate is employment includes but is not limited to the following areas:
A. The tribe will employ those applicants who possess necessary skills, education and experience without discrimination regarding race, color, religion, creed, age, sex, national origin or ancestry.
B . The tribe will promote, upgrade, recruit, demote, advertise, or solicit for employment without discrimination.
C . The tribe will provide training, if necessary, during employment and select for training and apprenticeship programs without discrimination.
D. No employee shall aid, abet, compel, coerce or conspire to discharge or cause another employee to resign because of race, color, religion, creed, age, sex, national origin or ancestry.
E. The tribe will establish rates of pay and terms, conditions or privileges of employment without discrimination.
F . The tribe will work with only those employment agencies which do not discriminate.
Section 2 . Affirmative Action.
It is further the policy of the tribe to take such affirmative action as will insure that the "under employed" will be employed in and/or promoted to all occupations for which they possess necessary skills, education, experience and interest. "Under employed" are those groups of individuals which do not comprise the same percentage of the tribal work force as exists in the local population.
Section 3. Fair and Equal Treatment.
The following general policies shall be observed in Personnel administration within the Oglala Sioux Tribe.
A. All appointments and promotions to positions in the service of the tribe shall be on the sole basis of qualification.
B . Fair and equitable rates of pay shall be provided with consideration given to the employee and the tribe by observing the principle of equal pay for equal work and by providing for differences in pay for differences in work.
C . Opportunities for advancement through on-the-job training and formal training shall be offered to all eligible tribal employees.
D. Fair and equitable treatment will be provided all eligible employees at all times.
E. The tribe recognizes the importance of each employee's work to the overall tribal goals and objectives.
F. Tribal service, so far as practicable, shall be made attractive as a career and employees shall be encouraged to render their best service to the tribe in return for which recognition shall be provided.
G . Employment with the tribe may not be offered as a consideration of reward for the support of any political party or candidate for public office.
H. The Personnel Board or appointing authority shall not discriminate in its hiring and personnel procedures against any applicant for employment or any employee because of race, creed, color, national origin, sex or age.
C. INDIAN AND VETERAN'S PREFERENCE.
Section 1. Indian Preference.
In accordance with the provisions of P.L. 93-638, the Oglala Sioux Tribe shall give preference in employment for all work performed by any employee of the Tribe, regardless of age, religion or sex. To the extent feasible, consistent with the efficient performance of the program, the tribe will provide preference in training opportunities to Indians. In determining level of qualification, the tribe shall adopt a weighted point factor selection system which assigns a value to the Indian status of the applicant (see selection procedures). If no individual meets the minimum qualifications, then an Indian will be selected who is capable of being trained to meet the minimum qualifications within a period of time not to exceed three months from beginning of employment.
In accordance with the opportunities under P. L. 93-638, the Oglala Sioux Tribe shall give preference in employment and training in the following order of precedence:
- Enrolled Indians of the Oglala Sioux Tribe.
- Persons holding NE status with the Oglala Sioux Tribe.
- Enrolled Indian married to Oglala Sioux Tribal member.
- Enrolled Indian who is a member of a tribe other than the Oglala Sioux Tribe.
- Non-Indian.
Note: An individual must be capable of proving their membership in a federally recognized tribe by providing an enrollment number, enrollment certificate or other acceptable means of showing membership as established under tribal law.
Section 2. Veteran's Preference.
The Tribe shall also apply Veteran's Preference in the selection and appointment of tribal employees. The Personnel Board shall give preference in initial hiring and promotion to honorably discharged Veterans of the Armed Forces of the United States. Preference shall first be given to veterans who have service connected disabilities, secondly to veterans who have served in times of combat as determined by Congress and third to veterans who served in noncombat periods. Veteran preference as herein defined shall follow Indian preference in order of priority. The Tribe shall not discriminate in the hiring and employment of handicapped veterans.
PART III. JOB DESCRIPTIONS.
Section 1. Procedures.
1. Each position covered by this ordinance shall be described in writing.
2. Each employee shall be provided with a copy of his/her job description when hired.
3. A copy of the job description shall be made a part of the employee's personnel folder.
4. When an employee changes positions, he/she will be provided a new job description and it will also be added to his/her personnel folder.
5. The Program Director will be responsible for ensuring that job descriptions are accurately maintained and up-to-date.
As a minimum, the job description shall include:
Job
title;
Employment. Status Classification;
A general definition or description of the position;
A statement of the duties, responsibilities and authority;
Relationship to other positions or organizational units including
who supervision is received from and who supervision is given grade
on the OST Salary Scale.
NOTE: Before a job is advertised the Salary Scale will be determined and put on all advertisements.
Section 2. Methods of Listing Job Description Duties.
Duties and responsibilities in the job description may be, 1) listed in order of importance; 2) listed in the order of frequency in which they occur; or 3) listed in order of sequence manner denoting a cycle of operations. Depending on the position within the organization, the Program Director and/or immediate supervisor shall list the duties and responsibilities in one of the above three manners.
Generally speaking, clerical and lower level positions are listed using either the order of frequency or order of sequence. Managerial and supervisory duties are listed generally in order of importance.
Section 3. Job Qualifications.
This statement shall document the requirements for each position within the tribal organization. The following are job qualifications considerations:
Each position in the organization shall have a job qualification requirement established.
The Program Director will be responsible for assuring that job qualification statements are available for all positions within the organization.
Hiring and selection procedures will be in accordance with job qualifications.
Contents as a minimum, the job qualifications shall include:
Job title
or general definition of the job;
Educational requirements including specialized educational skills; Experience
and related background requirements;
Special qualifications and attributes including physical qualification,
licensing or certifications, attitude, behavioral characteristics, emotional
and social requirements.
The last section on special qualifications may also identify a requirement for language or preference for certain racial groups.
Section 4. Types of Supervision.
The general definition will describe the type of supervision provided to this position by the immediate supervisor. It will also state that the position is subject to tribal policies and will refer to general program guidelines.
It will make a broad statement concerning the activities of the position. A sample general definition is:
"Under the general administrative direction of the tribal Executive Director, the individual is responsible for managing the training program to accomplish the objectives stated in the program award and in accordance with the established standards and procedures of the tribal organization."
The sample on the preceding page identified a type of supervision provided by the immediate supervisor. Several types of supervision will be utilized in the general definition. The type, of supervision received by the position is critical to the daily relationship's. established between the supervisor and the employee.
Specific types of supervision and their meanings are:
Direct Supervision - the supervisor is available on short notice to answer questions on problems which are not strictly routine.
General Supervision - the supervisor checks on the overall results accomplished for job which is clearly defined and discusses problems of policy and interpretation only in the most difficult or unusual cases.
General Direction - the supervisor assigns a problem in broad, general terms or outline and is interested in the overall results which are achieved instead of the method used or the way in which the problems are met. The method used and the way in which problems are met is subject to the employee's discretion.
General Administrative Direction - the employee is responsible for fulfilling the general objectives of a major department. Such major objectives will be specified by the supervisor or Tribal Council. The means for accomplishing such objectives will be at the discretion of the employee.
Functional Direction - the immediate supervisor provides general policies in a functional area. The employee is responsible for identifying and accomplishing the objectives in that area.
Section 5. Revision of Job Descriptions
Any position's duties can be changed by a revision being made to the position's job description. Once the immediate supervisor and/or the Program Director revises the job description the job description must then be approved in writing by the Oglala Sioux Tribal Council Standing Committee, which is assigned to the position which is the subject of the revision. The revised job description and the approval letter of the Standing Committee must be given to the Personnel Director. However, revised job descriptions shall not become effective until the end of the Program's grant year or the end of the fiscal year, which ever applies to the position.
B . CLASSIFICATION.
Section 1. Employment Status.
Each position in the Oglala Sioux Tribe shall be classified according to employment status.
The following terms will be used to define job employment status and will be interpreted as indicated:
Permanent Full-time employees - those employees who work at least 40 hours per week for 52 weeks per year and who maintain continuous regular employment status. All permanent full-time employees are eligible for all employees benefits. These employees must be selected through the Recruitment and Selection process.
Permanent part-time employees - those employees who work less than 40 hours per week and less than 52 weeks per year but who maintain continuous regular employment status. Permanent part-time employees will be eligible for annual leave, holidays and for sick leave benefits on a prorated basis. These employees must be selected through the Recruitment and Selection process.
Temporary employees - an appointment not to exceed 90 calendar days. Temporary full-time employees are eligible only for paid holidays which occur during their employment period provided they are in a work status on both scheduled work days immediately preceding and following the holiday. The temporary appointment will not constitute a part of the probationary period nor will successive or continued temporary appointments be made to the same position.
Nonexempt employees - those who are not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act as amended. These employees shall receive overtime premium pay at a rate of 1 1/2 times the hourly rate or shall receive compensatory time at a rate of 1 1/2 hour for each hour of overtime. If a nonexempt employee works overtime during a holiday, they shall receive overtime premium pay at a rate of two times their hourly rate or shall receive compensatory time at a rate of two hours for each hour of overtime.
Probationary employees - the probationary period for new employees is 90 calendar days. During this period, the employees may be dismissed for cause. The reasons given for the dismissal shall be submitted in writing to the employee and the Personnel Office. Employee shall have rights of appeal under the grievance procedures. Upon satisfactory completion of the probationary period, the employee will be granted permanent status. Annual leave and sick leave are earned during the probationary period, however annual leave may not be taken until the probationary period is completed.
Employees who train under tribal programs such as Job Training Partnership Act (JTPA) or Tribal Work Experience Program (TWEP) and who are picked up by their respective programs must also undergo a 90-day probationary period. Upon satisfactory completion of the probationary period, the employee will be granted permanent status.
C. COMPENSATION.
Section 1. Position Payment.
All positions will be paid according to the OST Salary Scale.
NOTE: Political appointments to positions on the scale will follow the scale.
A. No employee shall be paid less than the Federal minimum wage.
B. Salary increments will go into effect on January 1st of each year.
C . There will be no merit raises unless an incentive program is passed for all tribal programs and employees.
D. When an employee is promoted or demoted, their rate of pay in the new position shall be in accordance with the following:
(1) An employee who is promoted shall be paid the hiring rate for that position
(2) An employee who is demoted for cause shall be reassigned and paid at the rate of the lower position.
E. There will be no cost of living adjustment unless the Council specifically passes one for that year for all programs, but the scale will be reviewed every three years for upgrade. The scale will be reviewed during 1996 and revisions passed by October 1996 for upgrade 1997. The review will be done by a task force of directors with representatives of the Treasurer's Office, Personnel Office, and Finance Committee.
Section 2. Compensatory Time.
OVERTIME:
All employees non-exempt from the Fair Labor Standards Act receive overtime pay at a rate of one and one-half times the regular rate of pay for each hour worked in excess of forty hours per week.
The hiring process should be modified into the personnel system as follows.
INTRODUCTION
There are three different job classifications to be considered in the hiring process. These three include:
1. Executive Director and other Executive Board Appointments.
2. Program Directors.
3. All other employees.
The Executive Director and other Executive Board appointments are hired directly by the President or other Executive Board member to whom the appointed employee will report. For example, the Executive Director and other staff reporting to the President will be hired by the President and the political appointments for the Treasurer will be hired by the Treasurer. The Executive Board will utilize hiring procedures for these political appointments as deemed best by the Executive Board. However, the budget for all of the political appointments must be approved by the Tribal Council through the regular budget process as described in Chapter 8 of the Financial Management System.
The hiring process for all employees except the Program Directors is described in the following sections. The hiring of the Program Director is accomplished in a similar manner except the President assumes the hiring process responsibility of the Program Director.
APPLICATION, QUALIFICATIONS AND CERTIFICATION.
A position description must be established for the vacancy before the recruitment process is initiated. If a position description is not available, it is the responsibility of the Personnel Director to establish one consistent with other descriptions in effect. The format of the description may vary with the personal preference of the Personnel Director. However, it must minimally include major duties and responsibilities and minimum qualifications for the position.
All vacancy notices require the prior approval of the Program Director before advertisement for the vacancy is made. Consistent with the tribe's policy on Indian Employment Preference, vacancy notices will be posted at the Tribal Administrative offices and other reservation wide locations to maximize exposure of the job opening.
All applicants for employment shall complete a standard application form and sign a release of information form. Such forms shall be submitted to the Personnel Director. With respect to information submitted by applicants in the recruitment and selection process, the Tribe will comply with provisions of the Family Education Rights and Privacy Act of 1974 (Public Law 93-390).
The Personnel Director shall maintain and distribute updated lists of vacancies as they occur. The tribe's policy is to encourage qualified employees to apply for upward classification. The filing time for vacant positions shall be a minimum of ten working days. Preference is given to former employees who have been separated because of lack of work or lack of funds, or for any other reason not related to fault delinquency, or misconduct on the part of the employee.
Employees who are required to have licenses or other certification requirements must present proof of the licenses or certifications to the Personnel Director at the time of application.
INTERVIEWING, SCREENING AND TESTING
The Personnel Director shall provide applicant files of personnel to he Program Director. These files must be returned to the personnel Director upon completion of the interview process.
Part of the employment process if for the Personnel Director to complete a comprehensive background check on all applicants. This background check will include, but not be limited to, a determination of criminal convictions, dismissal from previous jobs due to sexual harassment, and dismissal from previous jobs due to sexual offenses. Data obtained by the Personnel Director in the background check will be a part of the applicant's record submitted to the Program Director.
No applicant will be promised or paid any travel or per diem expenses relating to interviews, screening, or testing without the written approval of the President of the Tribe.
The Personnel Director and Program Director shall pre-screen all applicants and shall list all qualified applicants.
Upon appointment of an applicant to a regular position, the Personnel Director shall officially notify in writing non-selected applicants that they were considered, but not selected.
The Program Director shall give preference to qualified Native American applicants in accordance with established policies. (See criteria listed below).
If a position requires a test, a written or oral examination may be used to assist in selecting qualified applicants. All applicants being considered shall be given the same examination. All examinations shall be approved and implemented by the Personnel Director and Program Director.
All qualified applicants will be interviewed by a committee comprised of five individuals; Program Director, two persons selected for the committee by the Program Director, and two members of the Personnel Committee. The Chairman of the Personnel Committee will appoint the two members of the Personnel Committee. All five members of the interview committee will participate in the interview process.
RATING APPLICANTS
All applicants interviewed for vacant positions are given a numerical rating by each of the five committee members. The ratings re-averaged and the applicant with the highest average rating is first selected to fill the position. In the event the first selected to fill the position does not accept the position, then the applicant with the second highest numerical rating will be offered the position.
The numerical rating used in the hiring process applies to all vacant position and is outlined below. The highest numerical rating which can be assigned a given applicant is 100 points.
RATING GUIDELINES
Education and Experience 0 - 7 points
Handicapped/ Disabled 10 points
Native
American
(tribe's Policy on Indian Preference applies) 10 points
Veterans 10 points
An applicant who fully meets the education and experience requirements as described in the position will receive 70 points. An applicant who only partially meets the education and experience requirements will receive less the 70 points based upon the value judgment of the members of the interview committee.
All other point ratings are preference related and will be given to the applicant based upon proof by the applicant of the preference item.
NONPOLITICAL APPOINTMENTS BY AN EXECUTIVE BOARD MEMBERS:
When an Executive Board member is the immediate supervisor for a vacant position which is not considered a political appointment the Executive Board member serves as the Program Director in the interview and selection process for example, if there is an indirect cost accounting position vacancy, then the Treasurer serves as the Program Director.
History: Ordinance No. 94-13. Amended by Ordinance 95-13.
Section 3 . Payroll Deductions.
The purpose of this policy is to define the allowable payroll deductions established and authorized for the employee. The following deductions are authorized to be made from employee's payroll check:
Federal
Income Tax
Federal Social Security Tax
Any other tax imposed by the Tribe.
Section 4. Workmen's Compensation.
In accordance with state law, the Tribe will provide Workmen's Compensation Insurance to employees for job-related injuries and illness.
Workmen's Compensation shall provide for continuing salary benefits in the event of accident, injury or illness incurred while in a work status for the Tribe. At the onset of employment, each tribal employee will take a medical exam to determine his/her medical status at time of employment.
Section 5. Unemployment Compensation.
In accordance with state and federal law, the Tribe will provide unemployment insurance to compensate employees who become unemployed through reduction in force or terminations.
Section 6. Other Deductions.
Any other deductions must be specifically approved in writing by the Program Director, immediate supervisor or Tribal President.
Section 7. Promotions or Job Changes.
The promotion of an employee which involves a salary increase of more than 20% within a single twelve (12) month period must be approved by the Program Director and the Personnel Board unless the new salary after promotion is $9,000.00 or less.
Section 8. Salary Increases.
Raise increments on the salary scale will go into effect automatically for all employees on January 1st of each year REGARDLESS OF PROGRAM FISCAL OR CONTRACT YEAR. Program Directors of programs not on the tribe's fiscal year will compute the salaries to allow for the January 1st raises. Program Directors will file Personnel Action Notice for the raises by December 1st of each year.
NOTE: No program will be forced to give raises if it causes severe layoffs, lessening of services or conflict with the terms of their contract or grant. If one of the preceding instances apply, the Program Director, with the approval of the Executive Director, will file an exemption request not to give raises which must then be approved by the Finance Committee.
Section 9 . Pay Periods.
Pay periods shall be bi-weekly. Time sheets will be submitted on the day designated by the Payroll Department. Leave approval must be attached to the time sheets; this includes compensatory time. Failure to do so will result in the employee being put on leave without pay.
D. WORK STANDARDS
SECTION 1. Work Schedule.
1. A normal work week shall consist of eight (8) hours per day for five (5) consecutive days, Monday through Friday, or as required by the Program Director and/or immediate supervisor. Normal work hours shall be 8:00 a.m. to 12:00 Noon and 12:30 p.m. to 4:30 p.m. Variations from normal work schedule will be approved by the Program Director or immediate supervisor.
2. Any exceptions to this policy must be approved in advance, in writing, by the Program Director or immediate supervisor.
3. A normal forty (40) hour work week can be interrupted or shortened by legally recognized holidays.
4. Employees are not required to remain at work during their lunch periods. An employee may not waive his lunch period and thereby leave his work station prior to the end of the normal work day.
5. The following time shall not constitute work hours
a. Personal activities time (sports, personal errands, etc.);
b. Travel to and from place of residence to work station;
c. Early arrival or late departure for the employee's convenience.
6. Compensatory time shall require advance written approval of the Program Director or immediate supervisor.
7. An employee is responsible for notifying his supervisor when he is absent from work and when he will report back to work. An employee who fails to comply with this rule will be subject to disciplinary action. In addition, an employee whose absence from work is unreported for three (3) consecutive days will not be paid.
8. Habitual tardiness will be cause for disciplinary action as defined in disciplinary procedures.
9. The Oglala Sioux Tribal Council does hereby establish the time clock policy for all Oglala Sioux Tribal Court Judges, Prosecutors and employees effective immediately. All Oglala Sioux Tribal Court Judges, Prosecutors and employees shall adhere to a time clock policy which shall require all Oglala Sioux Tribal Court Judges, Prosecutors and Court Employees to record their working hours by utilization of a time clock in order to ensure employees are complying with the work standards of the Oglala Sioux Tribal Personnel Policies and Procedures which require an eight (8) hours work day, which shall be 8:00 a.m. to 12:00 noon and 12:30 p.m. to 4:30 p.m.
Section 2. Tardiness.
The Program Director or immediate supervisor shall discipline employees for repeated tardiness or unexcused absence by docking of pay or by suspension without pay as set forth in the table of penalties.
Section 3. Breaks.
The normal work break is fifteen (15) minutes in the morning and fifteen (15 ) minutes in the afternoon. The normal lunch break will begin at 12:00 noon and will end at 12:30 p.m.
Section 4. Employee Expenses - Local Travel.
Employees using their own private vehicle on official business for the tribe shall be reimbursed for mileage at the rate established by the Tribal Council. Mileage reports shall be made on the prescribed form and certified by the immediate supervisor with a copy submitted to the Fiscal Accounting Department.
Section 5. Per Diem and Off-Reservation Travel.
Employees who are authorized by the Program Director, immediate supervisor or other authority to attend meetings, conferences, etc., and required to remain away from home overnight shall be reimbursed for their per diem expenses. Employees may be granted advances against their per diem upon approval of the Program Director or immediate supervisor and Tribal Chairman at the rate established by the Tribal Council. Air travel will be paid at cost. Trips not involving overnight stay may be reimbursed for reasonable and necessary out of pocket expenses.
Section 6 . Employee Expenses - Exclusions.
Mileage may be reimbursed for employees using personal vehicle from their place of residence to attend meetings for off reservation locations if travel occurs outside of regular hours of work. If travel occurs during regular hours of work, then travel will be paid only from duty station.
Section 7 . Membership Fees.
The Program Director may authorize payments for fees or dues incurred by Tribal employees while attending authorized conventions or meetings when the dues or fees are primarily for the benefit of the Tribe in achievement of its goals and objectives (NCAI, NITC, etc.). Such reimbursement will be in accordance with federal cost standards and will require prior approval if federal funds are to be used.
Section 8 . Politics.
A. No employee in the classified service of the Oglala Sioux Tribe shall continue in such position after being elected to tribal council or the tribe's executive committee and shall submit his/her resignation upon taking the oath of office. This does not include those employees who are elected to boards, committees, commissions or to offices within the districts.
Employees attending meetings during regular work hours must take annual leave or leave without pay. This does not include meetings sponsored by the tribe, i.e., Powwow Committee meetings, Employee Association meetings. Employees attending these meetings will be considered to be in a work status.
B. No person seeking appointment to or promotion in the classified service of the tribe shall either directly or indirectly give, render or pay any person for/or because of or about his test, appointment proposed appointment, promotion or proposed promotion.
C. No employee shall in any way during working hours solicit or in any manner, be concerned with soliciting assistance, subscription, or contribution to the campaign funds of any political party or any candidate for public office, or take part in the management, affairs, or political party further than the exercise of his rights as a citizen to express his opinion and to cast his vote.
Section 9. Drug Free Work place.
It is the policy of the Tribe to prevent and prohibit the illegal use of drugs in all employee work places of the Oglala Sioux Tribe. See the Oglala Sioux Tribe Drug Free Work place Policy and Procedures, which are attached hereto and incorporated into this manual as if fully set forth herein.
Section 10. Other.
All employees will be responsible for any fines or traffic tickets obtained or incurred during work status and off duty hours.
E. STAFFING.
1. Recruitment and Selection.
Section 1. Character of Recruitment and Selection.
Tribal application forms for vacancies in the service of the Oglala Sioux Tribe shall be received on an open-competitive basis. Selection shall be based on the qualification requirements of the particular position for which the applicant is competing, as well as the applicant's general background is competing knowledge and tribal membership. where desirable.
Section 2 . Selection and Hiring Procedures.
Tribal Applications for Employment must be received and filed in the Personnel Office prior to or on the specified closing date and time. Tribal Applications for Employment postmarked on the closing date will be accepted.
If an insufficient number of qualified persons apply, the position may be readvertised on a wider basis or the closing date extended.
The Personnel Director will coordinate interview date and time.
Final selection for positions that pay nine thousand ($9,000.00) per annum and over shall be made by the Personnel "Board immediately after interviews are completed.
The Personnel Department shall notify selected applicant(s) and applicants not selected in writing immediately following the selection.
Positions paying less than nine thousand ($9,000.00) per annum will also be advertised, screened and rated by the Personnel Office; however, the Program Director shall have the authority to make the final selection only after notifying all qualified applicants of the interview time and place. The Program Director will also be required to notify the applicant(s) selected and the applicants not selected in writing immediately following the selections). All pertinent documentation must then be forwarded to the Personnel Office.
The Oglala Sioux Tribal Council hereby grants the selection process for the nine (9) District Computer Operators to their respective district governments, and
This would also apply to other positions assigned to the districts.
History: Ordinance 93-09.
Completed Application Forms for Employment will be kept in the confidential files of the Personnel Office.
Section 3. Request for Advertisement of Vacancy.
If a vacancy occurs in a department or a new position is established, a Memorandum to Advertise shall be submitted by the Program Director to the Personnel Office. This request shall be accompanied by a job description and all pertinent information, i.e., rate of pay, location, etc.
It shall be the duty of the Program Director to notify the Personnel Department in writing as far in advance as possible of vacancies.
Section 4. Notices of Vacancies.
The Personnel Office shall give public announcement of vacancies within the service of the Tribe for a minimum of ten (10) working days. A reasonable effort shall be made to attract qualified persons to compete. Notices of vacancies shall be posted in important centers throughout the Pine Ridge Reservation. Notices may be sent to newspapers of reservation wide circulation, educational institutions, professional and vocational societies, public offices and such other organizations and individuals as the Personnel Director may deem appropriate. Public announcement of vacancies shall specify the title of the position, rate of pay, location, duties to be performed, minimum qualifications required, the final date on which applications will be received, and all other conditions of competition including the rating factors upon which selection is based.
Section 5. Filing Tribal Employment Application Forms for Employment.
All applications for Tribal employment shall be made on a form prescribed by the Personnel Office. Applications must be received on or prior to the closing date specified in the announcement. Applications bearing the postmark of the closing will be accepted. Such applications shall include a statement from the applicant of all pertinent information regarding his training and experience. All applications shall be signed and the truth of statements contained therein certified by such signature.
Section 6 . Disqualification of Applicants .
Under the provisions of the Personnel System, the Personnel Department may disqualify an applicant or remove his or her name from a register if:
A . He or she is found to lack any of the preliminary requirements established for the position.
B. He or she is physically unable to perform the duties of the position.
C . He or she has been convicted of a felony criminal offense or other crime involving moral turpitude.
D . He or she has made a false statement of material fact in their application .
E. He or she has been dismissed from any public service for cause.
F. He or she has used or attempted to use political pressure or bribery to secure an . advantage in the selection.
G . He or she has failed to submit his application correctly or within the prescribed time limits.
H. He or she has failed to submit documentation required by the job description, i.e., medical examination, typing test, educational documentation, etc.
A disqualified applicant shall be promptly notified of such action and the reasons for it. If possible the notice shall be by letter to the applicant's last known address sufficiently in advance of the interview date to allow for an appeal from the rejection as provided for in the Grievance Procedures.
Section 7. Nepotism - Hiring of Relatives.
No person shall be employed or promoted to a position when, as a result he or she would be immediately supervising or receiving immediate supervision from a member of his or her immediate family. Immediate supervision is defined as the first level above or below the person involved. See definition of immediate family under Part I, General Information, A. Definitions
#23.
Section 8 . Rating Applicants.
The Personnel Director shall determine a score for each applicant computed in accordance with the qualifications stated in the vacancy announcement. The Personnel Director shall use a weighted point factor system in rating the applicant. All applicants for the same position shall be rated on the basis of fair and objective criteria.
The Personnel Department shall utilize established procedures and apply them consistently in the evaluation of training and experience. Due regard shall be given to the quantity of training and experience and its relevancy to the position being filled.
The rating scores of each applicant shall be kept confidential until the interviews are completed.
Section 9. Background Investigations .
The Personnel Director may investigate an applicant to verify the statements contained in the application form and to produce evidence regarding unsuitability. This investigation will examine education, experience, prior employment history, and references. This information will be used only ~ for the purposes of employee selection. If this investigation produces conclusive information establishing unsuitability for tribal employment, the Personnel Department shall promptly notify the applicant of such action.
Section 10 . Selection.
The Personnel Director will rate the applicants for a job vacancy and will eliminate those applicants who are unqualified. A Certificate of Eligible and Rating Sheet containing the names of the qualified applicants will be submitted to the Personnel Board for final selection. The Personnel Board, with the input of the Program Director and the immediate supervisor will interview the eligible applicants. Based on the rating by the Personnel Director and the score for the interview, the Personnel Board shall then select the highest rated applicant.
The Personnel Board will not accept or solicit recommendations from the Program Director or immediate supervisor as to which applicant will be selected.
Section 11. Appeal from Rejection of Application.
Any applicant whose application has been rejected by the Personnel Director may appeal to the Personnel Board. The Personnel Board shall consider such appeal if it is in writing and if the appeal is received prior to or on the interview date. The Personnel Board's decision with respect to any such appeal shall be final.
Section 12. Protect for Non-Selection.
Any applicant who has not been selected by the Personnel Board may file a Protest of Non-Selection to the Personnel Board. The appeal shall be filed with the Personnel Office who shall have responsibility of notifying the Personnel Board of the protest. The protest must be in writing and must be filed within three (3) days of when the position appealing on is filled. The protest shall be heard by the Personnel Board as soon as possible and any decision they render is final and binding on all parties.
Section 13 . Physical Examination.
Based on the job description, applicants may be required to pass a satisfactory physical examination. Requirements for the physical examinations shall be uniformly applied, based on job specifications.
Section 14 . Outside Work and Interests.
Outside work is allowed only with prior approval of the Program Director. Work requirements including overtime will have precedence over any outside employment.
1. The tribe discourages its full-time employees from taking employment outside the Tribe.
2. If an employee is planning to take an outside job, permission must first be obtained from his or her supervisor.
3. Permission will not be given for an employee to take any outside job in the employ of another tribe or which is in any way a competitor of the tribe.
4. If permission is granted for a worker to take outside employment, the employee must report to his or her supervisor that he or she has started at the outside company.
5. If the employee is unable to maintain a high work performance standard for the tribe as a result of his outside work/activity at the outside job, the permission to work at the outside job may be rescinded, or the employees may be subject to dismissal.
6. The tribe will not pay medical benefits for injuries or sickness resulting from employment at an outside company.
Section 15 . Applications and Records.
The Personnel Department shall be responsible for the maintenance of all records pertinent to the staffing program. Applications and other documents shall be kept for a period of three years or until an audit which ever is sooner.
Notices of changes of address shall be filed by eligible with the Personnel Department.
2. APPLICANT POOL
Section 1. Establishment of an Applicant Pool.
In order to maintain a pool of applicants for vacancies that occur in the tribe, the Personnel Department shall prepare a computerized list of persons which shall be known as the Applicant Pool. The applicant pool will not be used in lieu of a public announcement of vacancies but will be used to supplement the public announcement.
Persons in the applicant pool may contact the Personnel Office requesting their application be re-activated for any vacancy they may feel qualified for.
Section 2. Duration of Applicant Pool.
The duration of names in the applicant pool shall normally be three (3) years from the initial date of application for employment; however this period may be reduced or extended by the Personnel Department.
Section 3. Removal of Names from the Applicant Pool.
The Personnel Director may remove the name of an eligible from the Applicant Pool for:
A . Any of the causes stipulated in Disqualification of Applicants.
B . On evidence that the eligible cannot be located by the postal authorities.
C. On receipt of a statement from the eligible declining an appointment and stating that they no longer desire consideration for a position with the Tribe.
D. If three offers of a probationary appointment have been declined by the eligible
3. APPOINTMENTS
Section 1. Appointments.
All appointments to positions of employment in the Tribe exclusive of unclassified positions shall be made in accordance with this ordinance.
In selecting persons from among those certified, the Personnel Board, Program Director or selecting entity shall examine applications, reports of investigations and interview applicants. Final selection shall be reported in writing by the Personnel Board, Program Director or selecting entity to the Personnel Department.
If the eligible who has been selected declines the appointment, he or she must furnish evidence of declination to the Personnel Office for permanent record. An eligible may be considered as having declined appointment if they fail to report for duty at the time and place specified without giving reasons for the delay that are satisfactory to the Program Director. If an alternate has been selected for the position, the Personnel Office will notify the alternate in writing of his/her appointment. The alternate will undergo a 90-day probationary period.
Section 2. Permanent Appointments
A permanent full-time appointment refers to an employee who is expected to work the full normal work week of forty (40) hours for fifty-two (52) weeks after successful completion of the probationary period. A permanent full-time employee is eligible for all employee benefits. A permanent part-time appointment refers to an employee who is expected to work less than the full normal forty (40) hour work week for fifty-two weeks after successful completion of the probationary period. A permanent part-time employee is eligible for a prorated share of annual and sick leave benefits and paid holidays provided they are in a work or paid leave status immediately preceding and following the scheduled holiday.
Section 3. Temporary Appointments
Shall refer to a temporary appointment not to exceed 90 days. Temporary full-time employees will work on a full-time basis (must work the normal work week of forty (40) hours per week) and shall be eligible to receive only paid holidays provided they are in a work status immediately preceding and following the scheduled holiday. Temporary part-time employees will work less than the forty (40) hours per week and are not eligible for employee benefits. Temporary employees are not eligible for training benefits or off-reservation travel.
The duration of temporary appointment shall be limited to the period
of the need and in no case will it exceed ninety (90) days. If a temporary
position is not advertised within the ninety (90) day probationary period,
the person occupying the position shall not be entitled to receive compensation
for any hours worked in excess of the ninety ( 90) day temporary appointment
period. The temporary service will not constitute a part of a probationary
period. Successive temporary appointments to the same position shall
not be made nor shall an employee receive continued temporary appointments.
If the temporary position is to be advertised, the Personnel Office must receive a memorandum to advertise within the time frame of the temporary appointment.
The Oglala Sioux Tribal Council does hereby authorize and approve temporary employees of short term programs travel for training and educational purposes that may result in the temporary employee gaining an unfair advantage in the selection of a permanent employee.
The purposes of this Ordinance short term programs, contracts or grants shall be those tribal programs, contracts or grants funded on a one-time basis for a period of six (6) months or less.
This Ordinance amends any/all prior ordinances of the Oglala Sioux Tribe Ordinances inconsistent with this Ordinance are hereby repealed and made null and void and of no force or effect.
That such short term program directors and their respective oversight committee may approve such temporary employee travel.
History: Ordinance No. 94-14.
Section 4. Employees appointed prior to date of adoption of this Ordinance
All employees previously appointed through appropriate Hiring and Selection procedures may be. given Personnel System status upon certification by the immediate supervisor.
Section 5. Contract Employment
Shall refer to employees who are employed by contract to provide a specific service in a specified time period. There are two types of Contract Employment:
1. Contract employees who are permanent employees of the Oglala Sioux Tribe, (i.e., Early Childhood Component, Johnson O'Malley, Homestart). These are employees who were selected through the recruitment and selection process and are eligible for all employee benefits.
2. Individuals elected or appointed to complete a contract within a time frame. These individuals will not receive any employee benefits; however, they will receive holiday pay in accordance with their contracts.
3. All Oglala Sioux Tribal Program Directors shall sign Employee Contracts on an annual basis .
4. PROBATIONARY PERIOD
SECTION 1. Nature, Purpose and Duration
All appointments to permanent positions shall begin with a probationary period of ninety (90) calendar days. The probationary period shall be an essential part of the evaluation process and shall be utilized for the most effective adjustment to determine if the employee meets the required standards of employment.
Prior to commencement of his or her 90-day probationary period, each new employee shall be furnished a copy of the Employee Handbook which enumerates the rights, privileges and responsibilities of the employee. After reading the policies and procedures, the employee shall certify on a form provided by the Personnel Department that they have read and understood the policies and agreed to abide by them. The signed certification will be placed in the employee's personnel file. Permanent personnel employed prior to the adoption of this ordinance will also be provided a copy of the Employee Handbook and a certification form.
Section 2. Conditions Preliminary to Permanent Appointment
A . Permanent appointment of a probationary employee shall begin with the date ending the probationary period, provided that the Personnel Office has received from the employee's supervisor a 90-day evaluation that the services of the employee during the probationary period have been satisfactory and that the employee is recommended to be continued in the service. The statement shall contain an appraisal of the value of the employee's service and it shall be the responsibility of the Program Director to obtain such statement with recommendations from the immediate supervisor after the end of the probationary period. If it is determined that the services of the employee have been unsatisfactory, the immediate supervisor shall notify the employee and the Personnel Office in writing as to the date his services are to be terminated.
B . Change in status from probationary to permanent employment shall be provided to the employee in writing and a copy of such notice shall be placed in the personnel file of the employee to constitute the evaluation of the employee. Probationary employees are eligible to accrue and use only sick leave.
C . Probationary employees are eligible to accrue and use only sick leave during the probationary period but shall accrue annual leave which cannot be taken until after completion of the probationary period. The 90-day waiting period shall be extended for periods of absence without leave.
Section 3. Promotions During Probation
Employees must complete the 90-day probationary period before being eligible for promotion.
Section 4. Dismissal During Probation
At any time during a probationary period an employee may be separated from service. The reasons given for the dismissal shall be submitted in writing to the employee and the Personnel Office for permanent record. All employees who are terminated during their probationary period shall be entitled to all rights of the appeal as afforded under the grievance procedure.
F. EMPLOYEE RELATIONS
1. Employment Benefits
Employee benefits shall be only for eligible permanent employees. Consultants will not be entitled to any type of benefits. Annual and sick leave benefits will accrue from date of appointment. See Part III, Section 6, Employment Status, for eligibility of employment benefits based on employment status.
2. Promotions, Demotions and Transfers
Section 1. Promotions
As far as practicable and sensible, a vacancy shall be filled by promotion of a qualified permanent employee based upon individual performance with due consideration for length of serve and the qualifications for the position. Promotions will be initiated by the immediate supervisor or Program Director with final approval by the Personnel Board. If there is no qualified permanent employee available for the position, then the position will be advertised reservation wide.
Section 2. Demotions
No person shall be employed, promoted, demoted or transferred to a position, when, as a result he/she would be supervising or receiving immediate supervision from a member of his/her immediate family as defined under Part I, A. Definitions, #23.
Section 3. Transfers
An employee may be transferred to another position within his/her Department. The immediate supervisor and/or the Program Director shall request the transfer in writing. The written request must be given to the Personnel Office and shall not become effective until the Personnel Board approves the transfer. Transfers outside an employee's Department are prohibited.
Section 4. Probationary Period
All persons who are the subject of promotions, demotions or transfers shall be required to complete a ninety (90) day probationary period.
Section 1. Workmen's Compensation
For injury and occupational illness occurring during hours of employment, all employees shall be covered by insurance as determined by the Workmen's Compensation Act of the State of South Dakota. All on the job accidents, injuries or occupational illness, no matter how minor, must be reported immediately to the employee's immediate supervisor or the Personnel Director.
Section 2. Annual Leave
A . Employees employed three (3) years or less will accrue four (4) hours of annual leave for each eighty (80) hours worked. The maximum carry over from one year to the next shall be 160 hours. All annual leave hours over 160 earned but not taken will be forfeited.
B . Employees employed three (3) to fifteen (15) years will accrue six (6) hours of annual leave per pay period for each eighty (80) hours worked. The maximum carry over into the next year shall be 160 hours. All annual leave hours over 160 earned but not taken will be forfeited.
C . Employees employed fifteen (15) years and over will accrue eight (8) hours of annual leave per pay period for each eighty (80) hours worked. The maximum carry over into the next year will be 160 hours. All annual leave hours over 160 earned but not taken will be forfeited.
D. Upon separation of employment, an employee will be paid for the unused portion of his accrued annual leave. Provided funds are available in the program budget of the employee who is separating.
E. An employee who terminates his employment during any fractional part of the pay period shall not accrue annual leave on a prorated basis.
F. No annual leave will be earned during a pay period in which leave without pay is taken or during a period when the employee is absent without leave.
G . Years of military service will count towards the amount of hours one can accrue towards annual leave; however, this does not apply to those receiving a dishonorable discharge. The hours of leave accrued, will be those defined in the Part III, E. Employee Relations, Section 2, Paragraphs A, B and C.
H . Vacations will be scheduled so as to allow minimum interference with the work of the tribe. Granting of annual leave will be determined by the immediate supervisor, considering the wishes of the employee.
I. When a designated holiday occurs during the employee's vacation, said holiday shall not be counted as part of the vacation period and shall not be charged to annual leave.
J. Temporary employees shall not earn annual leave.
K. Annual leave must be approved in advance by the immediate supervisor.
L. Unclassified positions (other than elected officials) as defined in the definitions shall be entitled to annual and sick leave, but lump sum payment of accrued annual leave is PROHIBITED upon separation of employment.
M. Leave benefits earned with tribal chartered entities cannot be transferred to tribal employment. Tenure in such organizations also will not be transferred to the tribe.
N . All supervisors are required to inform their employees, in writing, of the maximum annual leave carryover, the amount of annual leave they have accrued, and the amount of annual leave they will lose if not taken.
O. Advance annual leave is prohibited.
Section 3. Sick Leave
A . Employees entitled to sick leave shall accrue four (4) hours of sick leave per pay period.
B . An employee must report all absences due to illness to his immediate supervisor during the first day of illness. If not possible, then illness must be reported within three (3) working days. Periods of illness which exceed three (3) consecutive working days shall require medical verification. Verification may be required for any sick leave at the discretion of the supervisor.
C. Sick leave may be granted to employees who become ill while on vacation provided satisfactory medical proof of such illness is submitted.
D . When a holiday occurs during paid sick leave, it shall not be deducted from accrued sick leave.
E. Sick leave may be authorized when an employee is incapacitated by sickness, injury, medical, dental or optical diagnosis or treatment or when an employee's attendance jeopardizes the health of others.
F. Sick leave claims not properly substantiated will be disallowed.
G . There will be no limit to the amount of sick leave accrued. In addition, sick leave may be carried over provided there is no break in service.
H . Advance sick leave is prohibited.
Section 4. Holidays
Eligible employees shall be entitled to holidays with pay and will observe the following as holidays:
New Year's Day, Martin Luther King Day, Washington's Birthday (President's Day), Easter, Memorial Day, Independence Day, Billy Mills Day, Labor Day, Veteran's Day, Thanksgiving Day, Crazy Horse Day, Christmas Day and any other day declared by the Tribal Council.
A. Holidays occurring on Saturday will be observed on the preceding Friday.
B. Holidays occurring on Sunday will be observed on the following Monday.
C. Employees who are required to work on a designated holiday shall receive compensation time. If, the employee is classified as nonexempt, they will receive two hours compensation time for each hour worked. If the employee is classified as exempt, they will receive one hour of compensation time for each hour worked.
D. Holidays may not be accumulated or used as termination pay.
E. In order to receive pay for a designated holiday, an employee must be in a work or paid leave status on both the scheduled work days immediately preceding and immediately following the holiday.
Section 5. Maternity Leave
Maternity leave may be given for up to six (6) weeks prior to anticipated delivery and for up to eight (8) weeks after delivery. Maternity leave will be applied against accrued compensatory time, sick leave and annual leave in that order. Upon exhaustion of accrued hours of compensatory time, sick leave and annual leave, in that order, an employee will then be on leave without pay status. Maternity leave will be granted to either parent without discrimination.
Section 6. Educational Leave
Leave without pay, accrued annual leave or compensatory time, not to exceed six (6) hours per week, may be granted if attendance at an educational institution will benefit the tribe and aid the employee's career development. The immediate supervisor and Program Director must approve all such leave prior to attendance by the employee. The employee will submit documentation of education received and educational accomplishments to the immediate supervisor and the Personnel Office.
Educational leave without pay may be granted for up to one year if it is to the benefit of the Tribe. Special approval must be obtained from the Personnel Board.
Section 7. Military Leave
Only permanent employees who are members of any reserve component of the U.S. Armed Forces will be allowed leave without pay for required training or duty not to exceed fifteen (15) working days during the one calendar year. In the event that the time required for such duty is longer, the time shall be designated at the discretion of the immediate supervisor.
Section 8. Administrative Leave
Administrative leave is defined as leave granted by the Tribal Chairman. Such leave shall be with pay unless otherwise stated.
Section 9. Jury Duty
All employees of the tribe will be granted leave without pay if they have been subpoenaed or directed by proper authority to appear as a witness or a juror for the Federal, State, District, Municipal or Tribal Court to appear or testify.
Section 10. Voting
An employee will be granted two hours administrative leave for the purpose of voting. Program Directors or immediate supervisors will have the option of scheduling voting time for their staff.
Section 11 . Leave Without Pay or Absent Without Leave
An employee on leave without pay or absent without leave status shall not accrue annual or sick leave for that pay period.
Section 12. Bereavement Leave
Paid bereavement leave may be granted by the Tribal President and the Program Director to an employee for not more than three (3) working days in the case of death of a member of the employee's immediate family.
Section 13. Other Leave
It is the policy of the tribe to permit certain other leave benefits as follows:
A. The immediate supervisor may grant a permanent employee leave without pay for a period not to exceed thirty (30) days when in his judgment it is warranted. If more than thirty (30) days are granted, it must be approved by the Executive Director.
B. Administrative leave, due to adverse weather conditions or other circumstances, may be granted by the Tribal President or authorized representative.
2. PROMOTIONS
Section 1. Promotions and Demotions
A. As far as practicable and sensible, a vacancy shall be filled by promotion of a qualified permanent employee based upon individual performance with due consideration for length of service and the qualifications for the position. Promotions will be initiated by the immediate supervisor or Program Director with final approval by the Personnel Board. If there is no qualified permanent employee available for the position, then the position will be advertised reservation-wide.
B . No person shall be employed, promoted or demoted to a position, when, as a result he/she would be supervising or receiving immediate supervision from a member of his/her immediate family as defined in the definitions.
G . PERFORMANCE APPRAISALS
Section 1. Purpose
To establish a program of performance appraisal that will encourage objective systematic review and analysis of employee job performance.
Section 2. Responsibility
It will be the responsibility of the Program Director to insure that the performance of each employee is reviewed by, the employee's immediate supervisor on a continuing basis and at the end of each formal employee year. The performance appraisal shall be prepared by the immediate supervisor, reviewed with the employee and forwarded to the Personnel Office for the employee's personnel file.
All Oglala Sioux Tribal Program Directors shall be evaluated on an annual basis by an Evaluation Team which shall be comprised of the following persons or person from the following offices or Committee: the Oglala Sioux tribe's Executive Director; one member from the Oglala Sioux tribe's Contracts Office; one member from the Fiscal Accounting Office; and one member from the Oglala Sioux tribe's Executive Committee. The offices and committees who have a person assigned to the Evaluation Team shall be responsible for appointing their respective representative to the Evaluation Team.
Section 3. Goals
Performance evaluations shall be conducted to improve employee's understanding of his/her job and the immediate supervisor's standards.
Encourage employee development, job performance and responsibility.
Provide a basis for periodic or annual salary adjustments.
Aid the Program Director and immediate supervisor is selecting employees for promotions and training.
Provide safeguards and objectivity in the assignment of personnel.
The criteria on which an employee is evaluated will be on the duties and responsibilities as set forth in the employee's job description as well as the elements of evaluation as set forth in Section 6. Elements of Evaluation.
Section 4. Steps in the Evaluation Process
The following steps will be observed in accomplishing the employee evaluation process:
Step 1. Prepare performance requirements by determining how well you expect the employee to do their duties.
Step 2. Discuss the performance requirements with the employee and adjust them as needed.
Step 3. Observe performance.
Step 4. Evaluate the performance against the requirements.
Step 5. Discuss the evaluation with the employee.
Step 6. Take appropriate action.
Section 5. Forms
The Personnel Office shall prescribe the form on which the evaluation shall be entered.
Section 6 . Elements of Evaluation
Some of the elements of the evaluation which will be measured are:
A. Job Proficiency - the ability to perform tasks at or above the job standards, (the evaluation of job performance is presumed to be accurate unless the employee can verify arbitrary or discriminatory actions or gross error in judgment) .
B. Harmonious Working Relationships - the way an employee gets along with his supervisor and fellow workers shall be evaluated. Willingness to accept and to carry out orders is also important.
C. Absenteeism and Tardiness - the punctuality and consistency of attendance of an employee on the job is an important consideration.
D. Errors and Accidents - errors in work and/or accidents that are attributed to improper performance of job tasks shall be noted and evaluated.
E. Failure to follow rules and regulations - an employee may receive an unfavorable evaluation if he disregards written or verbal rules or regulations of which he could reasonably be deemed to be aware of.
F. Relationships with the Public - public relations is an important part of the duties of every employee. Each supervisor shall evaluate the manner in which his subordinates deal with the public. Discourteous treatment, lack of tact and other elements of misconduct in dealing with the public are valid reasons for an unfavorable evaluation.
Section 7. Disposition
Each employee evaluation shall be placed in the personnel file folder and made a permanent part thereof after having been discussed and signed by both the employee and his immediate supervisor. All evaluations must be done in a fair and equitable manner and shall be consistent among all permanent employees of the Tribe. The employee has the right to appeal the evaluation through grievances procedures.
H. DISCIPLINE
Section 1. Authority
The power to discipline employees is vested in the immediate supervisor or the Program Director. Immediate supervisors may recommend disciplinary actions in writing to the Program Director stating reasons for the proposed action. A copy must be given to the employee and the Personnel Office.
Program Directors who are in an acting capacity may discipline their employees, however, they must abide by the personnel policies and procedures.
Section 2. Reasons for Disciplinary Action
Disciplinary action may be taken for any of several reasons including but not limited to:
(a) Insubordination
(b) Excessive tardiness
(c) Excessive unexcused absences
(d) Unsatisfactory job performance
(e) Being intoxicated on the job
(f) All other conduct on the job not in keeping with acceptable standards of behavior generally associated with employment.
Section 3. Types of Disciplinary Action
The following types of disciplinary action shall be used as necessary to enforce rules and standards of conduct. The specific type and degree of disciplinary action shall be determined by the offense and imposed by the immediate supervisor or Program Director. Therefore, the following types of disciplinary action are explanations and definitions of the types of disciplinary action and should by no means be construed to state or amend that the types of disciplinary action to be taken against an employee have to follow the order that they are set forth in below:
1. Corrective Interview - When an employee has violated a rule or regulation or for some reason requires supervisory attention, the first step shall be in the form of a corrective interview in which the Program Director or immediate supervisor shall discuss clearly and frankly with the employee the reasons for the interview. The Program Director or immediate supervisor, as part of this interview, shall offer to the employee some specific suggestions for corrective action. The reasons for the interview and the action recommended shall be recorded by the Program Director or immediate supervisor. A copy of the completed record will be kept by the Program Director or immediate supervisor and an additional copy will be submitted to the Personnel Office to be filed in the employee's personnel folder.
2. Written Reprimand - If the employee fails to respond to the corrective interview or if the severity of the offense warrants, a written reprimand shall be used. The reprimand shall become a permanent part of the employee's personnel file.
3. Probation - This action is to be considered a severe warning issued in writing. The written notice should explain clearly the reasons for the probationary action. It should stipulate the duration of the probation period, the standards for judging the employee's improvement, and the actions to be taken (usually suspension or termination) if the deficiencies are not corrected within the period of probation. The written notice shall be given to the employee, a copy shall be kept by the Program Director or immediate supervisor, and a copy shall be submitted to the Personnel Office to be placed in the employee's personnel folder. If the notice is mailed, it shall be sent certified.
4. Suspension with Pay - The Program Director or immediate supervisor may suspend an employee with pay pending a hearing before the Grievance Board to determine the final form of disciplinary action. The time of suspension shall be charged against the employee's accrued annual leave. A written notice shall be given to the suspended employee informing him/her of the suspension with a copy submitted to the Personnel Office to be put in the employee's personnel file. The decision of the Grievance Board shall also be in writing to the employee with a copy submitted to the Personnel Office to be put into the employee's personnel file.
5. Suspension without Pay - The procedure to be followed for suspension without pay is identical to the procedure followed for suspension with pay with the exception that the hearing before the Grievance Board shall be held within ten (10) working days following the effective date of the suspension. The maximum period allowed for such suspension shall be thirty (30) working days. Appeal of the suspension may be made through the "Employee Grievance Procedure".
6. Demotion - The Program Director or immediate supervisor may demote an employee temporarily or on a permanent basis; however, the employee has the option of filing an appeal through the "Employee Grievance Procedure" regarding the action. A written notice of demotion will be given to the employee and a copy to the Personnel Office to be kept in the employee's personnel folder.
7. Involuntary Termination (dismissal) - If the preceding actions are insufficient, or if cause warrants it, the Program Director or the immediate supervisor may terminate the employee. Written notice will be given stating reasons and a copy of the notice will be submitted to the Personnel Office. Appeal of the termination may be made through the "Employee Grievance Procedures".
Section 4. Table of Penalties
The following table is the kinds of offenses and the types of disciplinary action that shall be used for each offense. The immediate supervisor and/or the Program Director shall evaluate the circumstances which gave rise to the proposed disciplinary action, and shall make their decision of what type of disciplinary action to impose, based upon that evaluation. The immediate supervisor and/or Program Director are not bound to assess the lesser of the disciplinary actions as set forth under each offense if the Program Director and/or immediate supervisor believes a harsher type of disciplinary action as listed under that offense is warranted. However, the immediate supervisor and/or Program Director shall insure that the type of disciplinary action imposed is done in a consistent manner so as not to discriminate.
|
Kind of Offense |
1st Occurrence |
2nd Occurrence |
3rd Occurrence |
4th Occurrence |
|
1. Disclosing confidential information |
1-30 days suspension |
30 days suspension |
Removal |
|
|
2. Insubordination |
Written reprimand |
Removal |
|
|
|
3. Neglect of duty |
Corrective Interview |
Written reprimand |
1-10 days suspension |
Removal |
|
4. Tardiness |
Corrective Interview |
Written reprimand |
1-10 days suspension |
Removal |
|
5. Unauthorized absence less than 5 days |
Probation |
4-10 days suspension without pay |
Removal |
|
|
6. Unauthorized absence 5 days or more |
Removal |
|
|
|
|
7. Performing personal services during official hours for private gain |
Written reprimand |
1-10 days suspension without pay or removal |
Removal |
|
|
8. Misstatement of material fact in application for employment |
30 days suspension without pay or removal |
Removal |
|
|
|
9. Use of alcohol or drugs during work hours including lunch period |
Warning |
Treatment Program |
Removal |
|
|
10. Intoxication on Job |
Warning |
Treatment Program |
Removal |
|
|
11. Misuse of tribal property |
10-30 days suspension with pay |
30 days suspension without pay |
Removal |
|
|
12. Malicious damage of tribal property |
10-30 days suspension without pay |
30 days suspension without pay or removal |
Removal |
|
|
13. Violations of generally accepted safety practices thus endangering self or others |
10-30 days suspension with pay |
30 days suspension without pay or removal |
Removal |
|
|
14. Damage to tribal property through negligence |
Corrective Interview |
Written reprimand |
1-10 days suspension without pay |
Removal |
|
15. Willful falsification of records involving funds |
Removal |
|
|
|
|
16. Serious personal misconduct which brings the organization into dispute |
10-30 days suspension without pay |
Removal |
|
|
|
17. Willful theft of tribal property |
Removal |
|
|
|
|
18. Misappropriation of funds |
Removal |
|
|
|
|
19. Acceptance or solicitation of bribes |
Removal |
|
|
|
|
20. Violating traffic law while operating tribal vehicle |
Corrective Interview |
1-10 days suspension with pay |
Prohibited from future use of vehicle |
|
|
21. Deliberately falsifying, counterfeiting, or forging any form of transportation request or expense report |
Removal |
|
|
|
|
22. Deliberately concealing, removing, mutilating, obliterating or destroying records |
Removal |
|
|
|
|
23. Perjury |
Removal |
|
|
|
|
24. Fraud |
Removal |
|
|
|
|
25. Convictions of DWI |
1-30 days suspension without pay |
Treatment Program |
Removal |
|
|
26. Disloyalty (Public Statements not supporting the policies and decisions of the Tribe.) |
1-30 days suspension without pay |
Removal |
|
|
|
27. Drug conviction |
Treatment Program |
Removal |
|
|
I. TERMINATION
Section 1. Termination of Employment
The following list includes but is not limited to reasons for and will serve as sufficient grounds for termination.
1. Neglect of Duty
2. Unauthorized Absence
3. Use of Tribal resources for personal gain
4 . Insubordination
5. Perjury
6. Use of alcohol or drugs during work
7. Acceptance of Kickbacks
8. Misuse of Tribal Property
9. Serious personal misconduct
10. Felony offenses
11. Misappropriation of funds
12. Unauthorized release of tribal records or information
13. Job Abandonment
14. Disloyalty
Section 2. Resignation
Any employee wishing to leave the service of the Tribe in good standing shall file a written resignation with his immediate supervisor at least two (2) weeks before leaving stating the date the resignation shall become effective, the reasons for leaving, and a forwarding address. Also, an "Employee Termination Clearance Report" will be completed by the Program Director. The failure of an employee to comply with this procedure may be the cause of denying him future employment with the Oglala Sioux Tribe.
Employees who separate shall receive payment for all earned salary and accrued annual leave, subject to the deductions of any debt to the Oglala Sioux Tribe and provided that funds are available in the program budget. Receipt of annual leave lump sum payment shall forfeit all rights of appeal under the grievance process and will require that the position being vacated be re-advertised. The person separating shall have no priority in reemployment and must compete against all other applicants on a non-preferential basis.
Section 3. Job Abandonment
Unauthorized absence from work for a period of five (5) consecutive days may be considered by the supervisor as job abandonment and the employee will be terminated immediately. The terminated employee will have rights of appeal under the Grievance Procedure.
Section 4. Reduction in Force
When a position must be discontinued or abolished because of lack of work or funds, the supervisor will submit a written report to the Personnel Director as to the employee (s) to be laid off. The order of lay off of employees will be determined on the basis of relative suitability for the jobs that remain and length of continuous service. Any employee subject to lay off shall be notified in writing two (2) calendar working weeks prior to the effective date.
Section 5. Disability
An employee may be separated for disability when he cannot perform the required duties because of physical or mental impairment. All cases of termination for mental or physical reasons must be supported by medical evidence acceptable to the Personnel Board. Separation due to mental or physical incapacitation will be made after exhausting all accrued annual and/or sick leave.
Section 6. Reinstatement to Applicant Pool
All employees who have resigned while in good standing or who have been separated without cause shall be eligible to compete with other job applicants for advertised job vacancies they may feel qualified for. Reinstatement eligibility to the Applicant Pool does not confer priority employment.
Section 7. Termination Procedures
In an effort to head off unwarranted discharges, yet to enforce rules fairly and consistently, all supervisory personnel shall review the following procedure before terminating any employee.
1. Inform the employee, in writing, reasons for the termination.
2. Secure a current performance evaluation.
3. Receive all tribal property in possession of the individual.
4. Prepare an employee Termination Clearance Report.
5. If the employee has accrued annual leave hours and funds are available in the program budget, inform the employee that he or she may receive a lump sum annual leave payment, however, receipt and acceptance of such payment will forfeit all rights to appeal.
6. Submit copy of the termination letter and other pertinent documentation to the Personnel Office.
J. GRIEVANCE AND APPEAL
Section 1. Grievance Procedure
All eligible employees are entitled to use the grievance procedure. These employees shall be free from restraints, coercion, discrimination or reprisal when using the following procedures. It is the policy of the Tribe to anticipate and avoid the occurrence of complaints or grievances of employees but to respond to them promptly if they occur.
STEP 1
A. The employee shall present the grievance to his immediate supervisor in writing, explaining the problem and suggesting a solution.
B . The immediate supervisor shall meet with the appellant or respond in writing with a decision within five (5) working days of when presented with the grievance.
STEP 2
A. If the appellant is still not satisfied, or no action is taken by the immediate supervisor, then the appellant must request in writing a meeting with the Executive Director within five (5) working days. Failure to file the appeal shall constitute acceptance of the supervisor's decision by the appellant.
B. The Executive Director will then investigate the matter fully and must convey a decision within five (5) working days after receipt of the appeal.
STEP 3
A. If either party is dissatisfied with the Executive Director's decision, then a written appeal must be filed to the Grievance Board within five (5) working days from receipt of the decision by the Executive Director. Failure to file an appeal shall constitute acceptance of the decision of the Executive Director. The appeal to the Grievance Board shall be filed with the Personnel Office, whereupon a date will be scheduled for an audience with the Grievance Board.
B. The appealing party shall then present their grievance before the Tribal Grievance Board who will address the matter by accepting documents and receiving testimony from all parties involved. The Grievance Board will render a decision. Such decision shall be final and binding upon all parties and no further appeals shall be taken to either the legislative or judicial branch of the tribe.
Section 2. Grievance Board
The Grievance Board will be composed of five (5) members. Three of the members will be permanent and will be appointed as follows; one member from the tribal council, one member appointed by the council from names of Program Directors submitted by the Personnel Office and one member appointed by the tribal council from names of tribal staff persons also submitted by the Personnel Office. The Tribal Council will appoint a permanent member and two alternates to each of the three positions. Tribal staff will consist of all those who are not Program Directors. Program Directors and staff persons who serve on the Grievance Board will serve on a rotating basis for the hearing the Grievance Board conducts.
The final two members to the Board will be as follows: one person selected by the appellant and one person selected by the appellee. The appellant and the appellee shall each have one peremptory challenge of the permanent members of the Grievance Board . If challenged, the permanent member will be replaced by the alternate. Alternates will rotate. Challenge cannot be used to reinstate a member who has been replaced by alternate.
The Grievance Board will select their own chairman and will operate using Robert's Rules of Order. The Personnel Office secretary will keep a record of the proceedings. Board members will not receive a stipend; however, employees serving on the Board will be granted administrative leave.
The Appellant and the Appellee shall have the right to see all evidence compiled against him or her and shall have the right to be represented at no cost to the tribe.
OGLALA SIOUX TRIBE PERSONNEL POLICIES AND PROCEDURES
AMENDMENTS
1. CHILDREN IN WORKPLACE.
Employees are prohibited from bringing children to the workplace.
2. PREVENTION OF SEXUAL HARASSMENT IN THE WORKPLACE.
It is a policy of the Oglala Sioux Tribe to expressly prohibit sexual harassment in the workplace. Sexual harassment is defined as deliberate, unsolicited verbal comments, gestures or physical contact of a sexual nature which are unwelcome.
Program Director and supervisors are prohibited from taking or promising personnel actions in exchange for sexual favors or failing to take action because an employee refuses to engage in sexual conduct. An employee shall not offer sexual favors in return for favorable personnel actions.
Sexual harassment is illegal, violates Title VII of the Civil Rights Act of 1964 and will not be tolerated in the workplace.
Employees wanting to file a grievance involving sexual harassment shall utilize the Grievance Procedures of the Oglala Sioux Tribe, however, they shall be exempt from Step I of the procedures.
It is the responsibility of the Program Director or immediate supervisor to stop inappropriate behavior in the workplace.
Failure to adhere to the Prevention of Sexual Harassment in the Workplace policy shall result in removal.
3. Program Directors and staff are prohibited from accepting OST applications for employment.
Persons wanting to submit applications must be directed to the OST Personnel Office.
Employees with drug convictions and child abuse convictions are prohibited from returning to work if their former position requires working with children.
4. Employees are prohibited from signing petitions during working hours and from assisting in circulating petitions during working hours.
5. ADMINISTRATIVE LEAVE.
Employees requesting Administrative Leave from the OST President (or authorized representative) must have prior approval of immediate supervisor. Employee must specify reason for. wanting Administrative Leave.
6. EMPLOYEE LONGEVITY CRITERIA.
Only documented information within the personnel file showing permanent employment with the Oglala Sioux Tribe shall be used to compute an employee's length of employment with the Oglala Sioux Tribe to determine hours of accrual rate.
Credit for prior employment with chartered organizations will be given at a ratio of 2for1.
If information is not available within the employee's personnel file pertaining to prior experience with OST, employee must submit an affidavit attesting to prior experience with the OST.
7. JURY DUTY.
Employees of the tribe will be granted administrative leave if they have been subpoenaed or directed by proper authority to appear as a witness or juror for the Federal, State, district, municipal or tribal court to appear or testify. The employee must provide notice to the supervisor.
8. PRO-RATED LEAVE.
Accrual and Sick leave will be accrued on a pro-rated basis as follows
|
ANNUAL LEAVE/HOURS WORKED |
||||
|
Accrual Rate |
80 hrs. |
41-79 hrs. |
40 hrs. |
Less than 40 hrs. |
|
8 hrs. |
8 |
6 |
4 |
0 |
|
6 hrs. |
6 |
4 |
3 |
0 |
|
4 hrs. |
4 |
3 |
2 |
0 |
|
SICK LEAVE/HOURS WORKED |
||||
|
Accrual Rate |
80 hrs. |
41-79 hrs. |
40 hrs. |
Less than 40 hrs. |
|
4 hrs. |
4 |
3 |
2 |
0 |
9. Amend Table of Penalties as follows
A . Attempts to circumvent OST Personnel Policies and Procedures by failure to follow established procedures.
Occurrence
1 - Written reprimand
Occurrence 2 - Suspension without pay (1 to 30 days)
Occurrence 3 - Removal
Occurrence 4 -
B . Failure to adhere to Policies and Procedures.
Occurrence
1 - Corrective Interview
Occurrence 2 - Written reprimand
Occurrence 3 - 1 to 30 days suspension
Occurrence 4 - Removal
C . Failure to adhere to Privacy Act.
Occurrence
1 - Removal
Occurrence 2 -
Occurrence 3 -
10. EMPLOYEES WITHOUT SUPERVISOR
Those employees who are temporarily without a supervisor shall go to the Executive Director for the purpose of requesting leave or having timesheets signed. These employees will be directly supervised by the Executive Director until such time an acting director is assigned pending selection by the Personnel Board.
11. Only the immediate Supervisor is authorized to take adverse action on an employee.
12. Amend all "Suspensions with Pay" to "Suspension without Pay" in Table of Penalties.
13. FELONY RECORD CHECKS.
When a record cheek is required, the applicant is responsible for his/her own record check fee which is nonrefundable. Receipt must be attached to application.
14. Applicants with drug convictions and child abuse convictions are prohibited from working in positions involving contact with children.
15. AMEND STEP 2 - GRIEVANCE PROCEDURE AS FOLLOWS:
When an employee is reinstated by the Executive Director, the employee will remain terminated until such time a Grievance Board hearing is held and a decision is rendered by the OST Grievance Board.
16. RETROACTIVE PAYMENTS.
Retroactive payments are prohibited by 638 Programs. In the event an employee is reinstated by the OST Grievance Board and there is a request for retroactive payment, the request will be referred to the OST Finance Committee.
17. POSTPONEMENTS ON APPEALS.
1) Non-Selections Appeals
Applicants with a non-selection grievance shall be allowed to request postponements of hearing one time only. The request must be put in writing and given to the Personnel Office. Further requests for postponement will be denied and will deem the appeal null and void.
2) Employee Grievances
Employees with a grievance pending before the OST Grievance Board shill be allowed to request postponement of hearing three times within 30 days. The request must be put in writing and given to the Personnel Office. Further requests for postponement will be denied and will deem the appeal, null, and void.
18. TIMEFRAME FOR STEP 1 (A) OF THE GRIEVANCE PROCEDURE.
The employee shall present the grievance to his immediate supervisor within five (5) working, explaining the problem and suggesting a solution.
19. PROGRAM DIRECTOR CONTRACTS.
Rescind requirement for Program Director contracts as stipulated within Ordinance 89-15.
20. OUT OF PROGRAM PROMOTIONS.
Promotions outside an employee's department or program are prohibited.
21. Program Director's making temporary appointments are required to ensure the temporary has the requirements and qualifications listed in the Job Description.
22. TRIBAL EMPLOYEES WITH DUTY STATION AT THE BIA.
Tribal employees with a duty station at the Bureau of Indian Affairs will follow the policy manual of the Oglala Sioux Tribe. When administrative leave is granted by the tribe, these employees will be entitled to take that leave and follow the holiday schedule of the tribe.
23. Districts will adhere to the OST Personnel Policies and Procedures in situations where tribal, positions are involved.
24. An applicant may review his/her rating only upon approval of the OST Personnel Board and only if the request is included in the non-selection appeal.
25. The Personnel Office will bring in only the ten highest qualified for interviews in cases where there are more than ten qualified applicants.
26 . Temporary employees are ineligible for payroll deductions.
TRIBAL ADIVBNISTRATION PERSONNEL AMENDMENTS
I. CERTIFICATION OF GRIEVANCE BOARD DECISION:
A. The Appellee and Appellant must sign a certified waiver/affidavit that certifies each party will accept the Grievance Board's decision as final and binding, and that neither party will file any legal action in any court if the Grievance Board's decision is not acceptable to them (the format of waiver/ affidavit will be designed by the tribal attorneys).
B . This waiver/affidavit will be signed prior to the Grievance Board Hearing, which will not convene if the waiver/affidavit is not signed.
C . If only one of the parties refuse to sign, the Grievance Board's Step three Decision will automatically be in favor of the party that did sign the certified waiver/affidavit.
D. If both parties refuse to sign the certified waiver/ affidavit, the Step Two Decision will automatically become the Step Three Decision, and the Grievance Board members will sign an affidavit that the Appellee and Appellant refused to sign the waiver/ affidavit (the format of the affidavit will be designed by the Tribal attorneys).
II. GRIEVANCE BOARD PROTOCOL:
A. STEP ONE: A Chairperson will be selected from the five Grievance Board members at the immediate outset of the proceedings, once the Grievance Board is assembled.
B . STEP TWO: The Chairperson will obtain the signatures of each Grievance Board member on a Confidentiality Statement certifying the objectivity and sanctity of the Grievance Board decision (confidentiality certification format will be designed by the tribal attorneys).
1) TRIBAL COUNCIL REPRESENTATIVE - Confidentiality Statement will represent the automatic resignation of the Tribal Council Representative for the remainder of his/her term if it is proven that the Grievance Board Hearing's confidentiality was breached by the Tribal Council Representative.
2) TRIBAL PROGRAMDIRECTORREPRESENTATIVE - Confidentiality Statement will represent the automatic termination of the Tribal Program Director Representative if it is proven that the Grievance Board Hearing's confidentiality was breached by the Tribal Program Director Representative.
3) TRIBAL EMPLOYEE REPRESENTATIVE - Confidentiality Statement will represent the automatic termination of the Tribal Employee Representative if it is proven that the Grievance Board Hearing's confidentiality was breached by the Tribal Employee Representative.
4) APPELLEE'S REPRESENTATIVE - Confidentiality Statement will serve as an automatic Guilty Plea of the Appellee's Representative it is proven that the Grievance Board Hearing's confidentiality was breached by the Appellee's Representative, in addition to automatic termination of tribal employee. The Guilty Plea will be for a Misdemeanor in Tribal Court, and the Prosecution, Conviction, and Sentencing will be automatic per the Tribal Code. If the Appellee's Representative is non-Reservation based, that individual and/or his or her firm will be prohibited from doing business on the Pine Ridge Indian Reservation indefinitely.
5) APPELLANT'S REPRESENTATIVE - Confidentiality Statement will serve as an automatic Guilty plea of the Appellant's Representative if it is proven that the Grievance Board Hearing's confidentiality was breached automatic termination of tribal employee. The Guilty Plea will be for a Misdemeanor in Tribal Court, and the Prosecution, Conviction, and Sentencing will be automatic per the Tribal Code of the Appellant's Representative is non-Reservation based, that individual and/or his or her firm will be prohibited from doing business on the Pine Ridge Indian Reservation indefinitely.
6) PERSONNEL DIRECTOR AND/OR STAFF - Confidentiality Statement will represent the automatic termination of the Personnel Director and/or staff if it is proven that the Grievance Board hearing's confidentiality was breached by the Personnel Director and/or staff.
C. STEP THREE: The Chairperson will distribute the relevant personnel action documentation and be responsible for facilitating the discussion and debate amongst the Grievance Board Members. Included in the documentation distributed will be a copy of the tribe's Personnel Policies and Procedures for each of the Grievance Board members.
D. STEP FOUR: At the end of the discussion and debate period, the Appellee will be given fifteen (15) to thirty (30) minutes to address the Grievance Board in executive session, which will be officially timed, in regards to the action taken against the employee.
E. STEP FIVE: Following the Appellee's fifteen (15) to thirty (30) minute session with the Grievance Board, the Appellant will be given fifteen (15) to thirty (30) minutes to also address the Grievance Board in executive session, which will be officially timed, in regards to the Appellee's documented and verbal charges.
F. STEP SIX. The Appellee will then finish with another fifteen (15) to thirty (30) minute executive session in front of the Grievance Board, which will also be officially timed, to address any issues, concerns, or questions the Appellant might have raised in their defense of the Appellee's charges.
G. STEP SEVEN: The Chairperson will then facilitate a closing fifteen (15) to thirty (30) minute discussion period in executive session amongst themselves, which will also be officially timed, to discuss the case a final time, after having both reviewed the relevant documentation and having discussed the charges with both the Appellee and the Appellant.
H . STEP EIGHT. The Chairperson will then collect all of the documentation
that was distributed and the Personnel Director will be responsible
for securing it so it doesn't leave the room, to be destroyed immediately
upon adjourning.
I. STEP NINE: The Chairperson will then distribute standardized voting pens and secret ballots that include the choices of voting "For the Appellee (Against the Appellant)" or "Against the Appellee (For the Appellant)". The ballots will be designed and standardized by the Tribal Attorneys.
J. STEP TEN: The secret ballots will then be collected by the Personnel Director, who will then read and count the votes in full view of the Grievance Board.
K STEP ELEVEN: The secret ballots will be passed around to each of the Grievance Board Members, one at a time for confirmation, which will then be collected and destroyed by the Personnel Director, in full view of the Grievance Board Members.
L. STEP TWELVE: The Chairperson will call the Appellee and the Appellant into the room if they are still present. The Grievance Board hearing will be adjourned, the Grievance Board members will be dismissed (including the Chairperson), and the Personnel Director will privately inform the Appellee and Appellant of the Board's decision, with written notification to follow the next working day.
III. PERSONNEL BOARD SELECTION CRITERIA:
A. APPLICATION SUBMITTAL VERIFICATION: The Personnel Department will open and maintain s separate Post Office Box at the U.S. Post Office in Billy Mills Hall, Pine Ridge, SD.
1. All official OST Personnel correspondence will be routed through this Post Office for verification purposes.
2. All position descriptions will instruct applicants to submit their applications by registered mail to this Post Office Box for certification and verification of applicant submittal.
B . DISTRIBUTION OF FINALIST DOCUMENTATION: Copies of the applicant's application will be distributed to each of the Personnel Committee Members one week in advance of the scheduled interviews for each of their respective reviews prior to coming in for the interview.
C. INTERVIEW SCHEDULING LIMITATIONS: The Personnel Director will limit the maximum number of interviews for each position to the top five candidates, although there will be no minimum limit, thereby enabling an interview of only one candidate is determined to be qualified.
D. INTERVIEW LIMITATIONS: All interviews will be scheduled during regular working hours, and with the prior preparation of the Personnel Committee, all interviews will be limited to a maximum of fifteen minutes which will be officially timed by the Personnel Director.
E. PERSONNEL BOARD PERFORMANCE CRITERIA: The Personnel Board's stipend
payments will be keyed to their performance, whereby the Personnel
Board will be responsible for filling a minimum of six (6) positions,
which may or may not include the maximum five (5) candidates with
the interview limitation of fifteen (15) minutes, which would compute
to a maximum time requirement of seven hours and thirty minutes
if each position possessed five (5) candidates.
OGLALA SIOUX TRIBE
DRUG FREE WORKPLACE
POLICY AND PROCEDURES
INTRODUCTION
The Oglala Sioux Tribal Council in 1986 developed a Tribal Action Plan based on President Reagan's Executive Order 12564, Drug Free Federal Work place of September 15, 1986. This policy is against illegal drug use by Federal employees, whether on duty or off duty. The Oglala Sioux Tribe did wish to implement a similar policy due to the abrogation of the culture by the practices of members use of alcohol and drugs, and the desire to maintain a drug and alcohol free sovereignty.
The Oglala Sioux Tribe does respect the Federal Government's position. On July 11, 1987 Congress passed legislation affecting implementation of the Executive Order under Section 503 of the Supplemental Appropriation Act of 1987, P.L. 100-71, 101 Stat. 391, 468-471, codified at 5 U.S. C . sub-sections 7301. The Oglala Sioux Tribe does receive Federal Funds through grants and contracts therefore are eligible and qualify for the development/adoption and implementation of a Drug Free Work place.
Drug use could result in loss of life, injury and damage or destruction of property. The Oglala Sioux Tribe in its war against drugs Resolution provides a process of stability of the members.
Part I. General Provisions
1. POLICY. It is the policy of the Oglala Sioux Tribe that the use of illegal drugs on or off duty, will not be tolerated. It is the responsibility of every employee to comply with this policy. The Oglala Sioux Tribe will promote this policy through its Drug-Free Workplace Plan. The Plan shall complement the alcohol and drug-abuse program. This overall plan will consist of:
A. Education and Training. Training will be provided for supervisors to assist in identifying and addressing illegal drug use by employees.
B. Counseling. Counseling referral will be available to employees who either request counseling or are referred by a supervisor.
C. Drug Screening Test. This program, includes the following types of drug tests: (1) applicant test; (2) random testing of employees in testing designated positions; (3) reasonable suspicion testing; (4) accident or unsafe practice testing and (5) testing as part of or as a follow-up to counseling or rehabilitation.
D. Drugs to be Tested For. As a minimum, employees will be tested for marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). Additional categories of drugs may be included at the discretion of the Medical Review Officer.
E.
Implement an Employee Assistance Program, and
The Tribal Chairman, Executive Committee Officers, and all Tribal
Council members, duly elected, subsequent charters and all schools,
reservation-wide, will be tested for illegal drug use, and
All Program Directors, including support staff, shall also be subjected to testing, consistent with the Drug Policy of the Oglala Sioux Tribe, and further
The Oglala Sioux Tribal Treasurer and Finance Committee direct John O. Dunham, CPA, to identify funds for costs of testing and each program create line items for such screening, and
That President will have the power to execute any and all contracts with the Testing Laboratory.
HISTORY: Ordinance 93-02.
2. SCOPE
A. Authorities
a. Ordinance No. ______
b . Resolution No. ______
c. Section 503 of the Supplemental Appropriations Act of 1987, Pub. L. 10071, 101 Stat. 391, 468-471, codified at 5 U.S.C. sub-section 7301 note (1987);
d. Scientific and Technical Guidelines for Drug Testing Programs, Alcohol, Drug Abuse and Mental Health Administration (ADAMHA), Department of Health and Human Services (HHS), as amended;
e. Standards for Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies, Alcohol, Drug Abuse and Mental Health Administration (ADAMHA), Department of Health and Human Services (HHS), as amended;
f. Civil Service Reform Act of 1978, P. L. 95-454;
g. 42 CFR Part 2, establishing requirements for assuring the confidentiality of alcohol and drug-abuse patient treatment records;
h. The Privacy Act of 1974 (5 U.S.C. Section 552a), prescribing requirements governing the maintenance of records by agencies pertaining to the individuals and access to those records by the individuals) to whom they pertain;
i. 49 CFR Part 10, Implementing the Privacy Act of 1974;
j. Federal Employees Substance Abuse Education and Treatment Act of 1986, P.L. 99-570:
B. All merit system jobs including political and chartered occupational series
C. When each Department, Chartered Organization, Political/ Tribal Entity, as specified in the Act has complied with the provisions of Section 503(a) of the Act, this plan shall be effective for the Oglala Sioux Tribe.
D. The annual frequency of testing for random testing, of the testing designated positions will be a reasonable percentage based upon various factors such as sensitivity of the occupation.
3. DEFINITIONS
A. Applicant means any individual tentatively selected for employment and includes any individual who has tentatively been identified for placement in a testing designated position and who has not, immediately prior to the placement been subject to random testing.
B. Employee Assistance Program (EAP) means the tribe's counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of drug, alcohol and mental health problems, and monitors the progress of employees while in treatment.
C. Employee Assistance Program Administrator means the individual responsible for ensuring the development, implementation and review of the Tribal EAP.
D. Medical Review Official (MRO) means the Chief, Division of Medical and Health Services, Pine Ridge IHS, who is responsible for receiving laboratory results and who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.
E.
Illegal Drugs means a controlled substance included in Schedule
I or II, as defined by section 802(6) of Title II of the United
States Code, the possession of which is unlawful under the chapter
14 or that Title and OST Code 8-10 and 88-__.
The term "illegal drugs" does not mean the use of a controlled substance
pursuant to a valid prescription or other uses authorized by law.
F. Random Testing means a system of drug testing imposed without individualized suspicion that a particular individual is a specified area element or position, or may be a statistically random sampling of such employees based on a neutral criterion, such as social security numbers.
G. Employees in Sensitive Positions means
1. Employees in positions designated by the Assistant Secretary - Policy, Budget and Administration as Special Sensitive, Critical Sensitive, or Non-critical-Sensitive under Chapter 731 of the Federal Personnel Manual; employees in positions designed by the Assistant Secretary Policy, Budget and Administration as sensitive in accordance with Executive Order No. 10450, as amended;
2. Employees granted access to classified information or who may be granted access to classified information pursuant to a determination of trustworthiness under Section 4 of Executive Order No. 12356;
3. Individuals serving under Presidential appointments;
4. Law Enforcement Officers, Bus Drivers, Ambulance Drivers/Staff, Community Health Representatives, and all others that transport or have direct contact with tribal members;
5. Other positions that the Assistant Secretary - Policy, Budget and Administration determines involve law enforcement, the protection of life and property, public health and safety , or other functions requiring a high degree of trust and confidence.
H. Supervisor means an employee having authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove other employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature, but requires the consistent exercise of independent judgment.
I. Testing Designated Positions means employee positions which have been designated for random testing under 2. B of this Plan.
J. Verified Positive Test Result means a test result that has been screened positive by the Medical Review Officer.
4. RESPONSIBILITIES
A. Assistant Secretary - Policy, Budget and Administration
1. The OST Council and Assistant Secretary - Policy, Budget and Administration shall be responsible for approving positions to be subject to drug testing and for assuring that resources are provided for the program.
B. Director of Personnel
The Director of Personnel shall administer this program in achieving the objective of a drug-free workplace with due consideration of the rights of the Tribal Government, the employee, and the general public.
C. Tribal President
Shall:
1. Provide Employee Assistance Programs (EAP) emphasizing high level direction, education, counseling, referral to rehabilitation, and coordination with available community resources;
- Arrange supervisory training to assist in identifying and addressing illegal drug use by tribal employees;
3. Provide for self-referrals as well as supervisory referrals to treatment services with maximum respect for individual confidentiality consistent with safety and security issues;
4. Provide for testing pursuant to this plan;
5. Designate appropriate personnel to serve as Drug Program Coordinators and EAP staff; and
6 . Ensure compliance with all confidentiality requirements.
D. Supervisors shall assure that each employee receives a copy of this policy and shall provide such oversight as is necessary to assure that the chain of custody procedures are followed.
E. Medical Review Official. The Chief, Division of Medical and Health Services, Pine Ridge IHS, shall among other duties:
1. Arrange for all testing and receiving all laboratory test results;
2. Assure that an individual who has tested positive has been afforded an opportunity to justify the test results;
3. Consistent with confidentiality requirements, refer positive drug test result from indicating that the positive result is "unjustified" together with all relevant documentation and a summary of findings;
4. Confirm with the appropriate tribal official whether an individual who has been tentatively selected for employment has obtained a negative test result;
5. Coordinate with the Tribal President activities and findings on a regular basis;
6. Coordinate drug testing activities in field offices wherever possible to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
F. Supervisors
Supervisors will be trained to recognize and address illegal drug use by employees and will be provided information regarding referral of employees to the EAP, procedures and requirements for drug testing, and behavioral patterns that give rise to a reasonable suspicion that an employee may be using illegal drugs.
1. Attend training sessions on illegal drug use in the workplace;
2. Initiate a reasonable suspicion test, after first making appropriate factual observations and documenting those observations and obtaining approval from a higher level supervisor;
3. Refer employees to the EAP for assistance in obtaining counseling and rehabilitation, upon a finding illegal drug use;
4. Initiate appropriate disciplinary action upon a finding of illegal drug use by a subordinate; and
5. Assist higher level supervisors and the EAP Administrator in evaluating employee performance and/or personnel problems that may be related to illegal drug use.
G. Employee Assistance Program Administrator. The Oglala Sioux Tribe shall have an EAP Administrator assigned to carry out the purpose of this plan, shall be responsible for implementing, directing, administering, and managing the drug program with the Oglala Sioux Tribe. The EAP shall serve as the principal contact with IHS in assuring the effective operation of the collection portion of the program. In carrying out this responsibility, the EAP shall,'among other duties;
1. Arrange for employee notifications and collection arrangements for drug testing authorized under this order;
2. Insure that all employees subject to random testing receive individual notice prior to implementation of the program, and that such employees return a signed acknowledgement of receipt form;
3. Publicize and disseminate drug program education materials, and oversee training and education sessions regarding drug use and rehabilitation; and
4. Coordinate drug free workplace activities in tribal offices wherever possible to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
5. Provide counseling and treatment services to all employees referred to the EAP by their supervisors or on self-referrals, and otherwise offer employees the opportunity for counseling and rehabilitation;
6. Assist supervisors with performance and/or personnel problems that may be related to illegal drug use;
7. Monitor the progress of referral employees during and after the rehabilitation period;
8. Ensure that training is provided to assist supervisors in the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs;
9. Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitative programs, and include the following information on each such organization:
a.
Name, address and phone number;
b. Types of services provided;
c. Hours of operation, including emergency hours;
d. The contact person's name and phone number;
e. Fee structure, including insurance coverage;
f. Client specialization; and
g. Other pertinent information.
H. Employee Assistance Counselors (IHS Counselors, BIA Counselors, Project Recovery Counselors and/or others).
The Employee Assistance Counselors shall:
1. Serve as the initial point of contact for employees who
2. Be familiar with all applicable laws and regulations, including drug treatment and rehabilitation insurance coverage available to employees .
3. Document and sign the treatment plan prescribed for all employees referred for treatment, after obtaining the employee's signature on this document; and
4. In making referrals, consider the:
a.
Nature and severity of the problem;
b. Location of the treatment;
c. Cost of the treatment;
d. Intensity of the treatment environment;
e. Availability of inpatient/outpatient care;
f. Other special needs, such as transportation and child
care; and
g. The preferences of the employee.
5. ADVANCE NOTIFICATION
A. General Notice
Approval of this plan by the OST Council shall be effective immediately.
B. Individual Notice
All employees in testing designated positions as in Part 2, B .
1. That the employee will have the opportunity to voluntarily identify himself as a user of illegal drugs and to receive counseling or rehabilitation, in which case disciplinary action is not required;
2. That the employee's position will be subject to random testing no sooner than thirty days thereafter;
3. The individual notice will also include a statement to be signed by each employee that the employee has received and read the notice which states that the employee's position has been designated for random drug testing; and that refusal to submit to testing will result in initiation of disciplinary action, up to and including dismissal.
C. If the employee refuses to sign the acknowledgment, the employee's supervisor shall note on the acknowledgement form that the employee received the notice. This acknowledgement shall be centrally collected for easy retrieval by the EAP. An employee's failure to sign the notice shall not preclude testing that employee, or otherwise affect the implementation of this plan since the general notice will previously have notified $11 tribal employees of the requirement to be drug free.
6. DISCIPLINARY PROCEDURES
A. Supervisors shall refer any employee found to be using illegal drugs to an Employee Assistance Program for assessment, counseling, and referral for treatment or rehabilitation as appropriate.
B. The OST shall not allow any employee or elected official to remain on duty in a sensitive position using illegal drugs, until the employee successfully completes rehabilitation through an Employee Assistance Program.
C. An employee may be found to use illegal drugs on the basis of any appropriate evidence, including but not limited to direct observation, evidence obtained from an arrest or a criminal conviction, or a verified positive test result, or an employee's voluntary admission.
D. This plan is intended to achieve a drug-free workplace, while at the same time offering rehabilitative assistance to employees who use illegal drugs. The severity of the disciplinary action taken against an employee found using illegal drugs will depend on the facts and circumstances of the case. These include the full range of disciplinary actions up to and including removal.
7. EMPLOYEE ASSISTANCE PROGRAM (EAP).
A. Function
The tribe's EAP plays an important role in preventing and resolving employee drug use by: demonstrating the commitment to eliminating illegal drug use; providing employees an opportunity, with appropriated assistance, to discontinue their drug use; providing educational materials to supervisors and employees on drug use issues; assisting supervisors in confronting employees who have performance and/or conduct problems and making referrals to appropriate treatment and rehabilitative facilities; and follow-up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program. The EAP, however, shall not be involved in the collection of urine samples or the initial reporting of test results. Specifically, the EAP shall:
1. Provide counseling and assistance to employees who self refer for treatment or who drug test have been confirmed positive, and monitor the employee's progress through treatment and rehabilitation.
2. Provide needed education and training to all levels of the Tribe on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP with the drug testing program, and related treatment rehabilitation, and confidential issues; and
3. Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained.
B. Referrals and Availability
Any employee found to be using drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program, and shall be available to all employees without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding illegal drug use. The EAP is available not only to employees, but, when feasible, to the families of employees with drug problems, and to employees with family members who have drug problems.
C. Leave Allowances
Employees shall be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session, up to a maximum of six sessions, during the assessment /referral phase of rehabilitation. Absence during duty hours for rehabilitation or treatment must be charged to the appropriate leave category in accordance with law and leave regulations.
D. Records of Confidentiality
All EAP operations shall be confidential in accordance with provisions of this plan relating to records and confidentiality.
8. SUPERVISORY TRAINING
A. Objectives
Since supervisors have a key role in establishing and monitoring a drug-free workplace, the Bureau, IHS, and Tribe, shall provide training to assist supervisors and managers in recognizing and addressing illegal drug use by employees. The purpose of supervisory training is to understand
1. Tribal policies relevant to work performance problems, drug use, and the EAP;
2. The responsibilities of offering EAP services;
3. How employee performance and behavioral changes should be recognized and documented;
4. The roles of the medical staff, supervisors, personnel, and the EAP personnel;
5. NOTE: (This number is left out in the Ordinance.)
6. How the EAP is linked to the performance appraisal and the disciplinary process; and
7. The process of reintegrating employees into the work force.
B. Implementation
The Oglala Sioux Tribe shall be responsible for implementing supervisory training, and shall develop a training package to ensure that all employees and supervisors are fully informed of the Drug-Free Workplace Plan.
C. Training Package
Supervisory training shall be required of all supervisors and may be presented as a separate course, or included as part of an on-going supervisory training program. Training shall be provided as soon as possible after a person assumes supervisory responsibilities. Training courses should include:
1. Overall Tribal Policy;
2. The prevalence of various employee problems with respect to drugs and alcohol;
3. The EAP approach to handling problems;
4. How to recognize employee with possible problems;
5. Documentation of employee performance or behavior;
6. How to approach the employee;
7. How to use the EAP;
8. Disciplinary action, and removal from sensitive positions;
9. Reintegration of employees into the work force; and
10. Written materials which the supervisor can use at the work site.
Failure to receive such training shall not invalidate otherwise employees. Drug education should include education and training
1. Types and effects of drugs;
2. Symptoms of drug use, and the effects on performance and conduct;
3. The relationship of the EAP to the drug testing program; and
4. Other relevant treatment, rehabilitation and confidentiality.
B. Means of Education
Drug education activities may include:
1. Distribution of written materials;
2. Videotapes;
3. Lunchtime employee forums; and
4. Employee drug awareness days.
Part II Testing Requirements.
1. GENERAL. Individuals may be selected for testing in the following categories:
A. Random Testing. All employees in testing designated positions are subject to random drug testing. Selection will be based on social security numbers. Moreover, probationary employees in testing designated positions will be subject to more intensive testing before an offer of permanent employment will be extended.
B. Voluntary Testing. Employees may volunteer for unannounced testing by notifying the servicing personnel office of their desire to do so .
C. Reasonable Suspicion Testing. Reasonable suspicion testing may be based upon, among other things.
D. Accident or Unsafe Practice Testing. Any employee involved in an accident or unsafe practice may be directed to take a drug test as part of an authorized examination into the accident or unsafe practice.
E. Follow-Up Testing. All employees who undergo counseling or rehabilitation programs for illegal drug use will be subject to unannounced random testing both during and after such a program.
F. Drug testing is required for all individuals who are tentatively selected for employment.
2. TECHNICAL GUIDELINE
The Tribe shall adhere to all scientific and technical guidelines for drug testing programs promulgated by HHS consistent with the authority granted by Executive Order 12564. The tribe's drug testing program shall have professionally trained collection personnel, a laboratory certification program, rigorous analytical standards and quality assurance requirements for urinalysis procedures, and strict confidentiality requirements.
3. PRIVACY ASSURED
Collection site personnel of the same gender, however, may observe the individual provide the urine specimen when such personnel have reason to believe the individual may alter or substitute the specimen to be provided.
This would occur when:
(1) The individual is subject to reasonable suspicion testing.
(2) Facts and circumstances suggest that the individual is an illegal drug user;
(3) Facts and circumstances suggest that the individual is under the influence of drugs at the time of the test;
(4) The individual has previously been found through testing to be an illegal drug user;
(5) Facts and circumstances suggest that the individual has equipment or implements capable of tampering or altering urine samples; or
(6) The individual has previously tampered with a sample.
4. FAILURE TO APPEAR
Failure to appear for testing without a deferral will be considered refusal to participate in testing, and will subject an employee to the range of disciplinary action, including dismissal, and an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the EAP to obtain guidance on action to be taken.
5. OPPORTUNITY TO JUSTIFY A POSITIVE TEST RESULT
When a confirmed positive result has been returned by the laboratory, the MRO shall perform the duties set forth in the HHS Guidelines. For example, the MRO may chose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Evidence to justify a positive result may include, but is not limited to:
(1) A valid prescription; or
(2) A certification from the individual's physician verifying a valid prescription.
Individuals are not entitled, however, to present evidence to the MRO in a trial-type administrative proceeding, although the MRO has the discretion to accept evidence in any manner the MRO deems most efficient or necessary.
If the MRO determines there is no justification for the positive result, such result will then be considered a verified positive test result. The MRO or the staff of the MRO shall immediately contact the EAP Administrator, upon obtaining a verified positive test result.
B. Employees in Testing Designated Positions
The Executive Order requires random testing for employees in sensitive positions that have been designated as testing designated positions. Designated positions, Part 2 B. are the criteria and procedures used in designating such positions, including the justification for such criteria and procedures.
In addition to being subject to testing at the prescribed frequency, employees in probationary or trial status in testing designated positions shall be subject to an unannounced test during the period of their probationary status.
C. Implementing Random Testing
In implementing the program of random testing the MRO shall:
(1) Ensure that the means of random selection remains confidential; and
(2) Evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered, satisfy the duty to achieve a drug-free work force.
D. Notification of Selection
An individual selected for random testing, and the individual's first line supervisor, shall be notified the same day the test is scheduled. Preferably, within two hours of the scheduled testing. The supervisor shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.
2. REASONABLE SUSPICION TESTING
A. Grounds
Reasonable suspicion testing may be based upon, among other things:
(1) Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;
(2) A pattern of abnormal conduct or erratic behavior;
(3) Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking;
(4) Information provided either by reliable or credible sources or independently corroborated; or
(5) Newly discovered evidence that the employee has tampered with a previous drug test; or
(6) Habitual tardiness and absenteeism.
Although reasonable suspicion testing does not require certainty, mere "hunches" are not sufficient to meet this standard.
B. Procedures
If an employee is suspected of using illegal drugs, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion. When justified the supervisor, after review of the documentation may authorize and arrange for a drug test through the MRO's office. OST should insert a higher level approval requirement that is consistent with their organization structure.
When reasonable suspicion has been established, the appropriate supervisor will promptly detail, for the record and in writing, the circumstances which formed the basis to warrant the testing. A written report will be prepared by the, supervisor to include, at a minimum, the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rational leading to the test, findings of the test and the action taken.
9. APPLICANT TESTING
A. Objectives
To maintain the high professional standards of the OST Workforce, it is imperative that individuals who use illegal drugs be screened out during the initial employment process before they are placed on the rolls. This procedure will have a positive effect on reducing instances of illegal drug use by employees working within the OST, and will provide for a safer work environment.
B. Extent of Testing
Drug testing shall be required of all individual tentatively selected for employment in a testing designated position.
C. Vacancy Announcements
Every vacancy announcement for positions designated for applicant testing shall state:
"All applicants tentatively selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment."
In addition, each individual tentatively selected for a position will be notified that appointment to the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this statement notice will not preclude applicant testing if advance written notice is provided applicants in some other manner.
D. Procedures
The EAP shall direct applicants to an appropriate collection facility. The drug test must be undertaken as soon after notification as possible, and not later than 48 hours after notice to the applicant.
Applicants will be advised of the opportunity to submit medical documentation that may support a legitimate use for a specific drug and that such information will be reviewed only by the MRO or his/her designee to determine whether the individual is licitly using a otherwise illegal drug.
E. Personnel Officials
Upon notification that an individual has been tentatively selected for employment with OST the supervisor shall assure, after consultation with the MRO, or his/her designee, that a drug test has been conducted on that individual and determined whether the test result is a verified positive result.
F. Consequences
The OST will decline to extend a final offer of employment to any applicant with a verified positive test result and such applicant may not reapply to the OST for a period of one year. The designated official working on the applicant's certificate shall be directed to object to the applicant on the basis of failure to pass the physical. The designated official shall inform the applicant that a confirmed presence of an illegal drug in the applicant's urine precludes the OST from hiring the applicant.
10. OTHER TYPES OF TESTING
A. Accident or Unsafe Practice Testing
Employees involved in on-the-job accidents or who engage in unsafe, on-duty, job-related activities that pose a danger to others or the overall operation of the OST, may be subject to testing. Based on the circumstances of the accident or unsafe act, testing may be initiated when the accident or unsafe practice results in:
1. A death or personal injury requiring immediate hospitalization; or
2. Damage to OST, Government or private property.
B. Voluntary Testing
In order to demonstrate their commitment to the OST's goal of a drug-free workplace and to set an example for other OST employees, employees not in testing designated positions may volunteer to be tested.
C. Follow-Up Testing
An employees referred through administrative channels who undergo a counseling or rehabilitation program for illegal drug use through the EAP will be subject to unannounced random testing following completion of such a program for a period of one year. Such employees shall be tested at a frequency stipulated in an abeyance contract or in the alternative at an increased frequency of once per quarter year. Such testing is distinct from testing which may be imposed as a component of the EAP.
11. FINDING OF DRUG USE AND CONSEQUENCES
A. Determination
An employee may be found to use illegal drugs on the basis of any appropriate evidence including, but not limited to:
1. Direct observation;
2. Evidence obtained from an arrest or criminal conviction;
3. A verified positive test result; or
4. An employee's voluntary admission.
B. Mandatory Administrative Actions
The supervisor shall refer an employee found to use illegal drugs to the EAP, and, immediately remove the employee from that position without regard to whether it is a testing designated position. Any Supervisor who fails to implement this plan shall be subject to removal.
C. Range of Consequences
The severity of the disciplinary action taken against an employee found to use illegal drugs will depend on the circumstances of each case, and includes the full range of disciplinary actions, including removal. The OST shall initiate disciplinary actions against any employee found to use illegal drugs provided that such action is not required for an employee who voluntarily admits to illegal drug use, and obtains counseling or rehabilitation and thereafter refrains from using illegal drugs.
Such disciplinary actions may include any of the following measures: written reprimand, suspension, demotion or removal.
D. Initiation of Mandatory Removal from Service
The OST may initiate action to remove an employee for:
1. Refusing to obtain counseling or rehabilitation through an Employee Assistance Program after having been found to use illegal drugs;
2. Having been found not to have refrained from illegal drug use after a first finding of illegal drug use.
All notices to propose and decide on a disciplinary action should only be issued after ample review and documentation with the Supervisor pursuant to delegated authorities.
E. Refuse to Take Drug Test When Required
1. An employee who refuses to be tested when so required may be subject to the full range of disciplinary actions including dismissal.
2. No applicant who refuses to be tested shall be extended an offer of employment.
3. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.
F. Voluntary Referral
The Oglala Sioux Tribe is required to initiate action to discipline any employee found to use illegal drugs in every circumstances except: if an employee (1) voluntarily admits his or her drug use; (2) completes counseling or an EAP; and (3) thereafter refrains from drug use, such discipline is not required.
1. The decision whether to discipline a voluntary referral will be made by the EAP on a case by case basis depending upon the facts and circumstances. Although an absolute bar to discipline cannot be provided for certain positions because of their extreme sensitivity, the OST in determining whether to discipline, shall consider that the employee has come forward voluntarily.
2. The self-referral option allows any employee to step forward and identify him/herself as an illegal drug user for the purpose of entering a drug treatment program under the EAP. In stepping forward, an employee may volunteer for a drug test as means of identification. Although this self-identification test may yield a verified positive test result, such result shall merely constitute an identification for purposes of this section.
3. Since the key to the provision's rehabilitative effectiveness is an employee's willingness to admit his or her problem. This provision will not be available to an employee who is asked to provide a urine sample when required or who is found to have used illegal drugs and who thereafter request protection under this provisions.
12. RECORDS AND REPORTS
A. Confidentiality of Test Results
The laboratory may disclose confirmed laboratory test results only to MRO, or his/her designee. Any positive result which the MRO justifies by licit or appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Tests results will be protected under the provisions of the Privacy Act, 5 U.S.C., 522 a, et seq., Section 503(e) of the Act, and may not be released in violation of either Act. The MRO or his/her designee, may maintain only those records necessary for compliance with this order. Any records of the MRO, including drug test results, may be released to any management official for purposes of auditing the activities of the MRO, except that the disclosure of the results of any audit may not include personal identifying information on any employee.
To comply with Section 503 of the Act, the results of a drug test of an employee may not be disclosed without prior written consent of such employee, unless the disclosure would be
1.
2. To the EAP Administrator where the employee is receiving counseling or treatment or is otherwise participating;
3. To any supervisory or management official within the OST having authority to take adverse personnel action against such employee; or
4. Pursuant to the order of the OST Court where required by the OST to defend against any challenge to any adverse personnel action.
B . Employee Access to Records
Any employee who is the subject of a drug test shall, upon written request, have access to any records relating to
1. Such employee's drug Test; and
2. The results of any relevant certification, review, or revocation of proceedings.
Except as authorized by law, an applicant who is the subject of a drug test, however, shall not be entitled to this information.
C. Confidentiality of Records in General
All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this order and to make information readily retrievable, the EAP shall maintain all records relating to reasonable suspicion testing, suspicion of tampering evidence, and any other authorized documentation necessary to implement this order.
All records and information of the personnel actions taken on employees with verified positive test results should be forwarded to the servicing personnel office. Such shall remain confidential, locked in a safe, with only authorized individuals who have a "need-to-know" having access to them.
D. Employee Assistance Program Records
The EAP Administrator shall maintain only those records necessary to comply with this order. After an employee is referred to an EAP, the EAP will maintain all records necessary to carry out its duties. All medical and or rehabilitation records concerning the employee's drug abuse, including EAP records of the identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only as authorized by 42 CFR Part 2, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress.
E. Maintenance of Records
The OST shall establish a record keeping system to maintain records of the Drug Free Workplace Program consistent with the Privacy Act System of Records and with all applicable Federal laws, rules and regulations regarding confidentiality of records including the Privacy Act 5 U.S. C. 552 a. If necessary, records may be maintained as required by subsequent administrative or judicial proceedings, or at the discretion of the OST President. The record keeping system should capture sufficient documents to meet the operational and statistical needs of this order, and include
1. Notice of verified positive test results referred by the MRO;
2. Written materials justifying reasonable suspicion testing or evidence that an individual may have altered or tampered with a specimen;
3. Anonymous statistical report; and
4. Other documents the MRO, or EAO Administrator deems necessary for efficient compliance with this order.
F. Records Maintained by Contractors
Any contractor hired to satisfy any part of this order shall comply with the confidentiality requirements of this order, and all' applicable Federal laws, rules, regulations and guidelines.
G . Statistical Information
The EAP shall collect and compile anonymous statistical data for reporting the number of
1. Random tests, reasonable suspicion tests, accident or unsafe practice tests, follow-up tests, or applicant tests administered;
2. Verified positive test results;
3. Voluntary drug counseling referrals;
4. Involuntary drug counseling referrals;
5. Terminations or denial of employment offers resulting from refusal to submit to testing;
6. Terminations or denial of employment offers resulting from alterations of specimens;
7. Terminations or denial of employment offers resulting from failure to complete a drug abuse counseling program; and
8. Employee who successfully complete EAP.
The Oglala Sioux Tribal Council directing establishment of O.S.T. Employee Assistance Program.
History: Ordinance #94-09.
SUBSTANCE ABUSE PERSONNEL POLICIES RECOMMENDATIONS
A. Time Compensation
FLEX-TIME SCHEDULE POLICY:
A flex-time schedule is defined as working hours that are not limited to the 8:00 a. m. to 4:30 p.m. constraints that are currently in the Oglala Sioux Tribe Schedule "D. WORK STANDARDS, Section 1. Work Schedule".
Substance Abuse Program staff may use flex-time when agreed upon in writing in advance by both the employee and the supervisor*; the following work situations may warrant a flex-time schedule
Activities that can only be scheduled on weekends and/or evenings and nights or activities that occur on an emergency basis and may include the following:
1. support groups for clients and family members
2. transportation of clients and family members to/for program related functions
3. home visits for clients and family members
4. school activities /functions for clients
5. surrogate parenting/ family duties (attendance at proms graduations funerals medical appointments when client and/or supervisor specifically requests attendance)
6. doing personal errands for clients at specific request of supervisor
7. medical/health and weather emergencies for all program staff
8. supervision of clients on overnight or extended outings (camping trips, conferences)
*Flex-time to compensate for client related emergency services does not require prior supervisor approval but does need approval at earliest possible date.
TIME CLOCK POLICY:
Substance Abuse program staff are not required to punch in or out at the worksite if the duties require being away from the worksite (training workshops, meetings, client contracts) due to the great geographical distance in the service deliver area. With the supervisor's approval, staff are allowed to leave from home to the scheduled activities, or return home from the scheduled activities if the time frame is within one half hour of the beginning of the work day or within one half hours of the end of the work day; and the service delivery site is thirty miles of more from the work site. The supervisor shall adjust the employee's time care accordingly.
MANDATORY/NON-MANDATORY TRAINING:
Substance Abuse program staff that are required to take mandatory training in the evenings, on weekends, and/or holidays will be compensated at time and a half according to the Fair Labor Standards Act and/or arrange for flex-time schedule to provide balance in the employee's work schedule. Training is a benefit to the employee at the expense of the program; therefore training that is not mandatory and is taken outside of the regular work schedule (evenings, weekends, holidays in taken at the discretion of the employee and supervisor without compensation.
ADMINISTRATIVE LEAVE:
All employees of substance abuse programs who are employed with a program foe one year or longer shall have two weeks of administrative leave due to the stressful nature of the work, to present burn out and to maintain a healthy balance in the employee's lifestyle; to be requested in advance with the supervisor.
EMPLOYEE INCENTIVE SYSTEMS:
All substance abuse programs shall implement an employee incentive program to acknowledge achievement in education/certification; years of service; outstanding performance; dedication and commitment in the field of substance abuse and other achievements. Program Directors will have the option of making incentive awards which can include but is not limited to the following:
a formal
honoring ceremony and dinner
a recognition plaque
a star quilt
a cash incentive
administrative leave
selection of training, conference, workshop
a tribal flag
CERTIFICATION/LICENSURE:
In order to provide quality services to the Lakota people; all substance abuse counselors (treatment/ healing; prevention, intervention, aftercare) and administrators /supervisors shall be certified by an alcohol/drug services certifying body that has a culturally specific training curriculum. A salary scale for certified counselors and administrator/ supervisors to reflect the achievement of certification; experience on the job; and the high level of job related stress is as follows:
POSITION
Counselor
Trainee
(enrolled in certification program) ---------------------17, 000 per
annum
Certified Counselor, Level I -----------------------25, 000 per annum
Certified Counselor, Level II -----------------------27, 000 per annum
Certified Counselor, Level III -----------------------29, 000 per annum
A recommended salary scale for alcohol/drug prevention staff or administrators /supervisors was not arrived at. The above scale is based on the nature of working in the field of alcohol/drug counseling which includes stressful conditions (which impact the employee physically, mentally, emotionally and spiritually), limited resources and the fact that working in the alcohol/drug field is a vocation rather than an 8 : 00 to 4 : 30 p.m. job.
SUMMARY
The Personnel Policies outlined above are based on extensive discussion from substance abuse wellness program staff that took place over several months with the ultimate goal of providing quality substance abuse services to the Lakota people. It should be noted that most of the attendees at the substance abuse program meetings were direct service staff and not Director/ Administrators which makes this effort unique and even more relevant to incorporating change.
HISTORY: Amended by Ordinance 95-13.
DRUG/ALCOHOL POLICY
The purpose of the Drug/Alcohol Policy is to ensure that the OGLALA SIOUX TRIBE is in compliance with relevant state and federal drug free workplace requirements and to ensure that clear policies and procedures are in place to govern the handling of employees whose job performance problems are related to drug/alcohol use and to establish programs designed to prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances.
I. POLICY
It is the policy of the OGLALA SIOUX TRIBE to provide a drug-free work environment in which employees may safely perform their duties. Employees are required to report for work free of the influences of alcohol or drugs (unless medically prescribed and monitored) and shall not possess, sell or consume any illegal or non-prescribed drug or alcohol while performing his/her assigned duties on TRIBAL property to include work site, parking areas, vehicles or any site where TRIBAL business is conducted. Violation of said policy will be just cause for disciplinary action up to and including termination of employment.
II. POLICY CONTENT
This policy describes the OGLALA SIOUX TRIBE requirements and procedures for alcohol and drug testing.
III. REFERENCES
U.S. Department of Transportation (DOT) as published in the Federal Register of February 15, 1994 and updated through February 14, 1995 and will include updated regulations as they become available. U . S . D . O. T . Office of Motor Carriers definitions.
OGLALA SIOUX TRIBE Disciplinary Policy.
OGLALA SIOUX TRIBE Employee Assistance Program.
Procedures as set by Clinical Laboratory of the Black Hills schedule of services & fees for Urine Drugs of Abuse Testing & Breath Alcohol Testing.
IV. PROVISIONS
A. All Employees and applicants with Commercial Drivers License (CDL) operators.
1. Section IV. A. applies to Tribal Council, Tribal Officers, Directors, Supervisors, and employees to include those who operate a Commercial Motor Vehicle (CMV) in INTER or INTRASTATE commerce, and are subject to the Commercial Driver License (CDL) requirements. Includes employees who drive Tribal vehicles or a private vehicle while performing Tribal business.
2 . Drug Testing under IV. A. will be conducted to determine the presence of drugs and/or alcohol as set forth by DOT Guidelines.
3. All drug testing under this policy shall be conducted on a nondiscriminatory basis so that no employee is harassed or treated differently from other employees in similar circumstances.
4. The drugs tested for under Section IV. A. shall include but not limited to, Marijuana (THC) Metabolite), Cocaine, Amphetamines, Opiates (including Heroine), and Phencyclidine of the Black Hills schedule.
B . TESTING SITE:
Drug Testing will be conducted at the Clinical Laboratory of the Black Hills, located at Western Hill Professional Building at 2805 5th Street Suite 210, Rapid City, SD 57709. On occasion testing may be conducted at the worksite. Procedure and Fee schedule available upon request. (605) 343-2267.
V. PROCEDURE
A . Drug Testing of employees to include CDL drivers will be conducted in the following circumstances
1. Pre-employment Testing:
2. Post-accident testing:
3. Random testing:
4. Reasonable Suspicion testing:
5 . Return-to-Duty and Follow-up testings
VI. COMPLIANCE
All employees to include CDL employees, and Management will meet the Department of Transportation required Training on Drugs and Alcohol on an annual basis. Failure to comply will be just cause for disciplinary action up to and including termination of employment.
Managers, Supervisors and Employees will comply and/or ensure compliance with the general and specific provisions of this policy from the effective date forward. Failure to comply will result in disciplinary action up to and including termination of employment.
PRE-EMPLOYMENT TESTING:
The OGLALA SIOUX TRIBE shall conduct pre-employment testing for alcohol and drug use by applicants to include Commercial Driver License (CDL) applicants .
Applicants to include CDL applicants who the OGLALA SIOUX TRIBE intends to hire shall be tested for the presence of alcohol and drugs prior to employment. Prior to the collection of a urine sample, the applicant shall be notified that the sample will be tested for the presence of alcohol and/or drugs.
Any applicant testing positive for alcohol and/or drugs, or who refuses to be tested for alcohol and/or drugs, shall not meet the minimum requirement for employment.
Prior to the first time an employee or driver performs an (OST) function or safety-sensitive functions for an employer, he/she shall undergo testing for controlled substances.
The Controlled substances result must be a verified negative.
POST ACCIDENT TESTING:
Post Accident Testing will be conducted when the Commercial Motor Vehicle (CMV) driver or employee driving an (OST) owned vehicle or private vehicle while performing (OST) business receives a citation under State or local law for a moving traffic violation arising from an accident where there is a Fatality, Injury treated away from the scene, or where the Vehicle was required to be towed from the scene.
Post-Accident testing will be conducted as soon as practicable following an accident involving a Tribal owned vehicle or private vehicle while performing (OST) business or CMV, each employer shall test each surviving Driving for alcohol and controlled substance.
EMPLOYEE RESPONSIBILITY: Remain available for testing, or the employer may consider the driver to have refused to test. Refrain from consuming alcohol 4 hours prior to reporting for work and eight (8) hours following an accident.
RANDOM TESTING ALCOHOL - PROCEDURES
An employee to include CDL drivers shall only be tested for alcohol while the driver is: performing an (OST) function or safety-sensitive functions, or just before the employee performs an (OST) function or a driver performs a safety-sensitive function, or just after the employee performs an (OST) function or driver has ceased performing a safety-sensitive function.
Random alcohol testing shall be conducted in accordance with the following requirements: Minimum annual rate of 25 percent (25%) of the average number of (OST) positions. Tests shall be unannounced and spread reasonably throughout the calendar year. Upon notification, the employee or driver shall proceed immediately to the testing site.
Employees who have any alcohol concentration (defined as 0.02 or greater) in their breath, when tested just before, during or just after performing (OST) or safety-sensitive function, must also be removed from performing such duties for 8 hours or until another breath test is administered and the result is less than 0. 02. Employees and Commercial Motor Vehicle drivers, Tribal owned vehicle drivers and private owned vehicle driver performing Tribal business must be removed from driving for at least 24 hours.
RANDOM TESTING - CONTROLLED SUBSTANCE (CS) - PROCEDURES:
Random controlled substances tests shall be conducted as follows: Minimum annual rate of 50 percent (50$) of the average number of driver positions. Test shall be unannounced and spread reasonably throughout the calendar year, and upon notification the driver selected shall proceed immediately to the testing site.
An employee who refuses to consent to testing or who test positive may be disciplined up to and including termination of employment.
Employees testing positive will be given the opportunity to present alternative medical explanations for the positive test, including evidence that medication prescribed by a licensed medical professional for use by the employee was the cause of the positive test result.
Drug Test results confirmed positive will be just cause for disciplinary action up to and including termination of employment.
REASONABLE SUSPICION TESTING:
The employer shall require all employees to submit to an alcohol or controlled substance test when the employer has reasonable suspicion to believe that an employee has violated the Drug Alcohol policy. The employer's observation must be based on specific observations. Observations must be made during, just before, or just after the employee performs an OST function or driver performs safety-sensitive functions. Test should be administered within two (2) hours and attempts will continue up to 8 hours at which time they will cease.
Reasonable suspicion alcohol test must be based on specific articulable observances concerning the employee's appearance, behavior, speech or body odor. Observations must be made by at least one trained supervisor.
All supervisors must attend the required training to be in compliance .
A written record shall be made of an observation leading to a controlled substance reasonable suspicion test and signed by the supervisor or Tribal official who make the observations within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier.
Drug Test results confirmed positive will be just cause for disciplinary action up to and including termination of employment.
RETURN-TO-DUTY AND FOLLOW UP TESTING
Return-to-duty and follow-up testing will be conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties. Follow-up test are unannounced and at least six (6) tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.
Drug test results confirmed positive will be just cause for disciplinary action up to and including termination of employment.
CONSENT TO CONTROLLED SUBSTANCES AND ALCOHOL TESTING:
As a condition of maintaining employment with the OGLALA SIOUX TRIBAL which requires compliance with the Drug and Alcohol Testing Policy, I consent to submit to controlled substances and alcohol testing. As an employee I comply with all requirements of the OST.
I UNDERSTAND AND/OR ACKNOWLEDGE THAT:
1. The OST has established a controlled substance and alcohol testing program for all employees to ensure a safe and drug-free work environment, to reduce the potential for accidents and casualties related to employment, use of organizational equipment, machinery and vehicles, and to participate in the Department of Transportation Drug Alcohol Rules, and/or Executive Order 12564 the Drug-free Workplace Program.
2. I am required to submit to controlled substances and alcohol testing as required. in the OST Drug Alcohol Testing Policy for employees, i.e., Pre-Employment testing, Post-Accident testing, Random testing, Reasonable Suspicion testing, Return To Duty and Follow-up testing.
3. No controlled substance and/or alcohol testing will be conducted without my consent.
4. My refusal to be tested when required under the OST Drug and Alcohol Testing Policy may be cause for disciplinary action, up to and including termination of employment.
5. I understand any drug alcohol testing is not a form of disciplinary action.
6. I consent freely and voluntarily to participate in the Drug Alcohol Testing Program, and authorize the release of testing results to be submitted to OST.
________________________________________________
Signature of Employee date
________________________________
Social Security Number or Employee Number