Resolution No. 2024-105 — Revisions to the Lac Courte Oreilles Tribal Code of Law Personal Time off PAP.9.7.070

WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,

WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and

WHEREAS, the Tribal Governing Board is further empowered to "regulate, be enactment of ordinances, the conduct of business within the territory of the band" pursuant to Article V §§(n); and

WHEREAS, the Tribe enacts the General Welfare Exclusion Code to support tribal members through this doctrine and to the fullest extent permitted by law to allow for favorable tax treatment upon receipt of these critical need funds; and

WHEREAS, it is in the best interest of the Tribe to make revisions to LCOTCL Sec. PAP.9.7.070.

NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby adopts the Personal Time Off Sec. PAP.9.7.070 revisions as follows:

1. Substitute "and the date when they began continuous employment" with "with Tribally owned entities, including but not limited to the Sevenwinds Casino, Lodge & Conference Center" in the first sentence of PAP.9.7.070(d)(1).

2. Substitute "their Executive Director" for "the Chief Executive Officer" in the second to last sentence of PAP.9.7.070(d)(1).

3. Remove "Years of service are accrued from the most recent date of employment of the team member" as last sentence PAP.9.7.070(d)(1)

4. Insert as PAP.9.070(d)(2) "For the purpose of calculating years of service, as it pertains to your accrual rate only, it is the responsibility of the team member to contact the Human Resources Director/Manager and complete a Release of Information form indicating which Lac Courte Oreilles Tribally owned entities they would like their start and end dates of employment requested from. The Release of Information form is to be completed and submitted to the Human Resource department within 30 calendar days of the team members hire date. Only full years of service will be counted toward the accrual rate.

5. Insert as PAP.9.070(d)(3) "Years of service for all other purposes areis accrued from the most recent date of employment with the Sevenwinds Casino, Lodge & Conference Center of the team member.

6. Insert as PAP.9.070(d)(4) "Regular full-time team members who are classified as Directors/Managers of departments will accrue PTO as negotiated during the hiring process.. At times, exempt team members who may not be a department head, may be able to negotiate their PTO accrual during the hiring process. The negotiated rate shall not be above the listed maximum rate of 288 hours per year. Once negotiated, the Executive Team Member will need to approve the negotiated rate. PTO is accrued with each period and is available for immediate use by an exempt team member with the approval of their Executive Team Member.

7. Insert as PAP.9.070(d)(5) "A team member will only accrue PTO for a given pay period if they were able to maintain active status during the pay period.

8. Insert as PAP.9.070(d)(6) "PTO will accrue consistent with the following accrual rate for non-exempt, regular full-time team members and exempt team members, if a different rate was negotiated and approved by the Executive Team:

Number of PTO Hours Earned per Year

9. Insert as PAP.9.070(d)(7) "Regular part-time team members will accrue prorated PTO at 50% of the listed rate for regular full-time Team Members based upon the years of service as detailed above. For example, a three-year part-time employee regularly scheduled to work 24 hours per week shall accrue 50% of the 4.62 hours accrual rate (2.31 hours)."

10. Insert as PAP.9.070(d)(8) "If a team member is on any leave of absence , the team member will not accrue any PTO until the team member returns to active status."

11. Insert as PAP.9.070(f) "Payment of Unused Personal Time Off Leave. Upon successful separation of employment and with a minimum of two (2) weeks' notice given and completed, team members shall be paid for their unused Personal Time Off based on the date of separation. A team member who resigns their employment without providing at least a written two (2) week notice will forfeit any accrued PTO unless otherwise approved by his or her Director/Manager in collaboration with the Executive Management Team. No payment of PTO will be made if separation is done while the team member is not in good standing."

12. Insert as PAP.9.070(h) "Maximum Accrual of PTO. PTO may be accrued to the maximum amount established in Section PAP.9.7.070(d)(6) above. If a team member reaches this maximum, and fails to take leave, he/she will cease to accrue any PTO until they reduce the existing accrual by taking time off and their balance is below the maximum amount established in Section PAP.9.7.070(d)(6) above."

13. Insert as PAP.9.070(i) "Sharing of Personal Time Off.

Team members are prohibited from sharing PTO hours amongst themselves. To help in situations of need, an Emergency PTO Loan option has been established. When a team member is in need of additional PTO hours to cover an emergency or an absence with extenuating circumstances, the team member is to submit a written request to their Department Director/Manager stating the reason for their request, the dates they need off work, and amount of PTO needed to cover their absence(s). Team members are required to use their available PTO for the absence(s) prior to utilizing any loaned PTO. All PTO hours received as a loan shall be repaid at 50% of their accrual rate, on a weekly basis, beginning the following week that the loan was received. A maximum of 40 hours can be received as a loan once per calendar year. An additional loan is not allowed until all previous loan amounts have been paid back.

CERTIFICATION

I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 4 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 28^th day of October 2024, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 3 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.

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William Trepanier, Secretary/Treasurer

Lac Courte Oreilles Tribal Governing Board