Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin - Tribal Law

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Lac Courte Oreilles Tribal Code of Law.

PAP.4.12.030 Types of Disciplinary Actions

(a) Employees must perform assigned duties at or above satisfactory levels, follow standards of workplace behavior contained in this personnel policy and procedural manual and comply strictly with all applicable laws, rules and regulations. A system of progressive discipline will be utilized, when appropriate, to afford employees an opportunity to correct behavior, however some personnel infractions are severe enough to impose any of the below-mentioned disciplinary actions, up to and including termination. Disciplinary actions may be handled in any manner deemed appropriate by the LCOHA. This may include, but is not limited to, the following:

(1) Employee Warning.

(A) An employee may receive a verbal or written warning from their supervisor to rectify behavior which requires disciplinary action. Neither a verbal or written warning is appealable pursuant to Section PAP.4.12.040 of this manual.

(B) The department head or director will discuss with the employee the seriousness of the problem and the possible consequences of a failure to correct the problem. The department head or director will review applicable policies and will document the meeting through signature of both the department head or director and the employee.

(C) The Human Resource Director, or designee, will maintain all employee warnings in an employee's personnel file in the event that further progressive discipline is necessary.

(2) Suspension.

(A) An employee may be recommended for suspension by their supervisor when the employee's behavior warrants such disciplinary action. The recommendation must be written in a manner that clearly states the justifiable reason and forwarded to the Human Resources Director. The Human Resources Director will consult with the Supervisor to ensure the reason is justified and clearly stated. If the Human Resources Director is satisfied that all the information is contained in the documentation and there is clear substantiated reason for the suspension, the same will be forwarded to the Executive Director for final approval or denial. All suspensions are without pay. Suspensions are appealable pursuant to Section PAP.4.12.040 of this manual.

(B) Upon return from suspension, the department head or director will meet with an employee regarding the nature of the problem. A corrective action plan will be developed with the employee including specific timelines for completion.

(C) The Human Resource Director, or designee, shall document all suspensions and maintain all corrective action plans in the employee's personnel file in the event that further progressive discipline is necessary.

(3) Probationary Period in lieu of Termination.

(A) In lieu of termination an employee may be placed on a probationary period for a serious violation of this personnel policy and procedural manual, as recommended by a Supervisor and agreed to and evidenced by the signature of the employee on a "Waiver of Appeal Process" form. The Supervisor must follow the same procedures as outlined in Section PAP.4.12.030(a)(2). During this probationary period, the LCOHA will evaluate the employee's continued suitability for employment. If during this period an employee has not shown improvement or adequately addressed the issues surrounding the probationary period in lieu of termination the Supervisor may recommend the termination of the employee's employment, without the ability of the employee to appeal the decision, subject to the approval of the Executive Director.

(B) Employees placed on a probationary period pursuant to this section are eligible for holiday leave and funeral leave. Probationary employees pursuant to this section shall accrue Personal Time Off. Such employees cannot use Personal Time Off until the completion of their probationary period, unless authorized by their immediate supervisor with concurrence from the Executive Director and only for medical reasons or extreme circumstances.

(C) At the end of the probationary period pursuant to this section, the LCOHA will prepare a written performance evaluation and discuss with the employee the curative conduct of the employee pertaining to the problem causing the probationary period as well as the employee's overall job performance.

(D) The Human Resource Director, or designee, shall document all probationary periods pursuant to this section and maintain all written performance evaluations pertaining to this section in the employee's personnel file in the event that further progressive discipline is necessary.

(4) Termination.

(A) An employee may be recommended for termination from employment by their supervisor at any time, depending upon the severity of the offense. The recommendation must be written in a manner that clearly states the justifiable reason and forwarded to the Human Resources Director. The Human Resources Director will consult with the Supervisor to ensure the reason is justified and clearly stated. If the Human Resources Director is satisfied that all the information is contained in the documentation and there is clear substantiated reason for the termination, the same will be forwarded to the Executive Director for final approval or denial. All terminations are appealable pursuant to Section PAP.4.12.040 of this manual.

(B) The department head or director shall document all terminations and provide a copy of all documentation to the Human Resource Director, or designee.

(b) The LCOHA retains the sole discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will be imposed. The LCOHA reserves the right to terminate employees at any time for any reason that does not violate applicable law with or without notice and with or without prior resort to other means of discipline.

Original url: https://law.lco-nsn.gov/us/nsn/lco/council/code/PAP.4.12.030

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