PAP.4.2.010 General Definitions
Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:
(a) "Board" means the Lac Courte Oreilles Housing Board of Commissioners.
(b) "Compensatory time" and "compensatory time off" refers to paid time off, which is not counted as hours worked during the applicable workweek, or other work period for purposes of overtime compensation, and for which the non-exempt employee is compensated at the non-exempt employee's regular rate.
(c) "Contracted Employee" refers to an employee who has entered into a written contract, which has been properly authorized and signed by a signatory of the Tribe/LCOHA and the employee which defines the employment relationship. The contract will be for a specified period, and will outline benefits, pay and other conditions of employment. The terms and conditions of employment for Contracted employees may differ from the terms in this personnel policy and procedural manual, and this manual may be incorporated by reference in the Contracted Employee's written contract.
(d) "Employee" means an employee of the LCOHA including: Exempt Employee, Non-exempt Employee, Full-time Employee, Part-time Employee, Seasonal Employee, or Temporary Employee.
(e) "Executive Director" means the individual employed by the Tribal Governing Board to manage the affairs of the Housing Authority as provided for in this manual, the Housing Authority Ordinance, and other relevant documents.
(f) "Exempt Employee" refers to an employee who the Human Resources Director, or designee, categorizes as being exempt from minimum wage or overtime pay, or both, and includes executive, administrative, and professional employees who are compensated on a salary basis.
(g) "Extreme Circumstance" means an unscheduled or unplanned circumstance exceeding an ordinary, usual, or expected event.
(h) "Full-time Employee" refers to an employee regularly scheduled to work thirty-two to forty (32-40) hours per week who has completed the ninety (90) day probationary period. Full-time employees are eligible for employee benefits subject to the limitations of the applicable benefit plans.
(i) "Housing Authority" or "LCOHA" means the Lac Courte Oreilles Housing Authority which is the entity that has been delegated the responsibility for carrying out the intent of this ordinance, under the direction of the Executive Director.
(j) "Immediate family member" refers to Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Mother-in-law, Father-in-Law, Grandparent, Grandchild. Immediate family member may also include a partner who has been in a relationship for a period of time or in relationship under Ojibwe tradition and practices.
(k) "Independent contractor" is an individual who is not an employee of the Tribe/LCOHA, but rather has entered into a contract with the Tribe/LCOHA, which defines the scope of services. Independent contractors are not employees, do not receive benefits, are not subject to this personnel policy and procedural manual and are governed by a written or verbal contract.
(l) "Management" refers to the LCOHA Executive Director, Assistant Director, Human Resources Director and any employee who is assigned permanent or temporary supervisory or decision making authority.
(m) "Non-Exempt Employee" refers to an employee who the Human Resource Director, or designee, categorizes as being non-exempt from minimum wage or overtime pay, or both.
(n) "Part-time Employee" refers to an employee regularly scheduled to work less than thirty-two (32) hours per week. Part-time employees are not eligible for employee benefits or leave.
(o) "Positive Test Result" means a Blood Alcohol Concentration determined to be under the influence as established in Section PAP.4.2.010(w) andSection PAP.4.8.080(c).
(p) "Probationary Employee" refers to an employee who has not successfully completed their required probationary period.
(q) "Seasonal Employee" refers to an employee hired for an established period usually during peak workloads or seasonal demands. Seasonal workers may not be eligible for all employee benefits.
(r) "Serious Health Condition" refers to a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which, if left untreated, would result in a period of incapacity of more than three (3) days would be considered a serious health condition.
(s) "Temporary Employee" refers to an employee hired for a period of ninety (90) days or less. Temporary employees may work a full-time or part-time schedule and are not eligible for employee benefits and paid leave.
(t) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(u) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(v) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(w) "Under the Influence of Alcohol, Illegal Drugs or Controlled Substances" means the following: a Blood Alcohol Concentration that indicates a positive test result as established in Section PAP.4.8.080(c); or are results that confirm the presence of illegal substance; or are results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage.
(x) "Valid Prescription" means a prescription that is current and issued for a medical purpose in the usual course of professional practice by a practitioner or a covering practitioner who has conducted at least 1 in-person medical evaluation of the patient.