THE CONFEDERATED TRIBES
OF THE GRAND RONDE COMMUNITY
Resolution No. 056-93
WHEREAS, the Grand Ronde Tribal Council, pursuant to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary of the Interior, Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon; and,
WHEREAS, the Tribal Council has set forth, in the Executive Management Ordinance, authority for the Executive Officer (EO) to hire, promote, discipline, supervise and discharge employees in order to carry out the operational work of the Tribe, in accordance with Tribal laws; and
WHEREAS, the Council desires to leave all personnel matters to the EO, intervening only when all other means of resolving personnel issues have failed; and
WHEREAS, In doing so, the Council has determined certain policies should be set forth for the EO and other employees in carrying out personnel matters, and these policies should ensure that both the interests of the Tribe and the employee are protected, and an environment exists where employees can enjoy their work, feel secure in their positions, and make a positive contribution toward the goals of the Tribe; and
WHEREAS, the Council desires to attract qualified employees, particularly Tribal Members, to the Tribal work force. It is the desire of the Tribe to effectively compete with other employers for personnel who have the abilities and skills necessary to effectively achieve Tribal goals and render quality services to the Tribal membership; and
WHEREAS, it is the intent of the Council that Tribal employees have the maximum opportunity for input in the implementation of personnel policies to provide for cooperation and establish teamwork among all employees.
NOW THEREFORE BE IT RESOLVED, that the Personnel Management Ordinance is hereby adopted and shall become effective in 21 days.
CERTIFICATION: The Tribal Council for the Confederated Tribes of the Grand Ronde Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum present as required by the Grand Ronde Constitution held on August 25, 1993, by a vote of 7 yes, 0 no, and 0 abstentions.
Mark Mercier, Tribal Chairman
Candy Robertson, Secretary
9615 GRAND RONDE RD
GRAND RONDE, OREGON 97347
ORIGINALLY ADOPTED: August 25, 1993
SUBJECT: Personnel Management Ordinance
RESOLUTION NUMBER: 056-93
THE CONFEDERATED TRIBES OF THE
GRAND RONDE COMMUNITY OF OREGON
Personnel Management Ordinance
Tribal Code § 370
(a) Authority and Purpose
(c) General Expectations of Employees
(d) Code of Conduct
(e) Hiring and Employment
(f) Disciplinary Actions, Grievances and Disputes
(g) Compensation and Benefits
(h) Performance Evaluation and Compensation Adjustments
(i) Personnel Records
(j) Conformance with Applicable Laws
THE CONFEDERATED TRIBES OF THE
GRAND RONDE COMMUNITY OF OREGON
Personnel Management Ordinance
(a) Authority and Purpose:
- (1) The authority for this Ordinance is found in the Tribal Constitution under Article III, Section 1.
- (2) The purpose of this Ordinance is to establish uniform policies to assure a high quality work force, ensure the protection of employee rights, and set forth the expectations of all employees and managers in conducting employee relations matters.
(b) Background: The Tribal Council has set forth, in the Executive Management Ordinance, authority for the Executive Officer (EO) to hire, promote, discipline, supervise and discharge employees in order to carry out the operational work of the Tribe, in accordance with Tribal laws.
The Council desires to leave all personnel matters to the EO, intervening only when all other means of resolving personnel issues have failed. In doing so, the Council has determined certain policies should be set forth to guide the EO and other employees in carrying out personnel matters. These policies should ensure that both the interests of the Tribe and the employee are protected, and an environment exists where employees can enjoy their work, feel secure in their positions, and make a positive contribution towards the goals of the Tribe.
The Council desires to attract qualified employees, particularly Tribal Members, to the Tribal work force. It is the desire of the Tribe to effectively compete with other employers for personnel who have the abilities and skills necessary to effectively achieve Tribal goals and render quality services to the Tribal membership. Accordingly, these policies set forth compensation and other benefits to accomplish this end.
It is the intent of the Council that Tribal employees have the maximum opportunity to have input in the implementation of personnel policies, provide for cooperation and establish teamwork among all employees.
(c) General Expectations of Employees: Tribal employees are expected to act professionally and contribute positively and productively in carrying out their assigned tasks. Employees are expected to maintain the highest standard of ethics in performing their duties and interact cooperatively and courteously with other employees and members of the public.
(d) Code of Conduct:
- (1) Conflicts of Interest: The EO shall develop policies and procedures ensuring employees do not engage in activities that would create an appearance of, or actual, conflict of inter est. This policy would require any employee who is aware of such activity to report it to the EO as soon as possible.
- (2) Reporting to the Tribal Council: An employee shall bring any suspected conflicts of interest or fiscal discrepancies to the attention of the Council Chair after the matter has been reported to the EO and it remains unresolved.
- (3) Drug Free Work Place Policy: The EO shall develop and implement a Drug Free Work Place Policy meeting federal and other contracting agency requirements, and at a minimum:
The EO shall make a quarterly report to the Council on the effectiveness of the drug free work place policy.
- (A) Provides for an alcohol and drug free work environment.
- (B) Requires testing of employees as follows:
- 1. Where there is probable cause to suspect use, or being under the influence of, drugs or alcohol in the work place;
- 2. All new employees prior to employment; and
- 3. Random testing of employees at Nanitch Sahallie and in the Chemical Dependency Program.
- 4. Random testing of employees whose work continuously involves the use of automobiles or heavy equipment that when used improperly, places them or others at high risk.
- (C) Establishes an Employee Assistance Program that in creases employee awareness about the use of behavior altering substances, provides opportunities for supervisors and managers to assist employees in becoming productive, resolving problems interfering with that purpose, and assist troubled employees choosing to assume responsibility for their actions and take corrective action.
- (D) Provides that failure to complete alcohol and/or drug treatment, including aftercare, once begun will result in discharge. The employee shall provide certificate of completion of treatment.
- (E) Pursues all efforts to terminate and prosecute all employees involved in drug trafficking.
- (4) Sexual Harassment: The Tribe shall develop policies and procedures to prevent sexual harassment of employees, applicants, clients and tribal members.
- (5) Employees are Role Models: Employees are expected to conduct themselves in such a way as to be a positive role model for the community. This includes dressing for a professional, businesslike appearance, unless the work performed requires otherwise.
- (6) Political Activities: Employees shall not engage in political campaigning at work or when acting as a representative of the Tribe. This does not limit employees' right of free speech in the workplace. However, employees shall not attempt to coerce management or supervisory personnel in job- related decisions by pressure on elected officials.
- (7) Disruption of the work place: Employees shall not engage in activities that disrupt the workplace, lower the morale of other employees, or otherwise reduce the effectiveness of the Tribal work force.
- (8) Safety: Employees shall immediately report any unsafe or hazardous condition to their immediate supervisor and take appropriate steps to prevent harm to persons or property. The Executive Officer shall develop policies for reporting work- related accidents, and the creation and implementation of safety committees.
(e) Hiring and Employment:
- (1) Indian Preference: It shall be the policy and intent of the Tribe, to the extent consistent with funding source regulations, to apply a policy of Indian Preference in recruitment, employment, promotions and training opportunities.
- (2) Position Authorization: The EO shall authorize new positions as necessary to carry out the work of the Tribe and promote Tribal goals. When establishing positions, other than short-term temporary, the EO shall establish formal position descriptions.
- (3) Ineligibility for employment
- (A) A person shall be considered ineligible to work, if that person has been terminated for cause within the past year, unless waived by the Executive Officer.
- (B) A person shall be considered ineligible to work with children if the person has ever been found guilty of, or entered a plea of nob contendere or guilty to, any offense under Federal, state or Tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, or other crimes against persons.
- (4) Selection:
- (A) All persons applying for positions, who meet eligibility criteria, shall be afforded an opportunity to be considered for the position.
- (B) In selecting eligible applicants, the EO shall provide for interviews as appropriate.
- (C) When all other qualifications are equal, the Tribe shall give preference in hiring in the following manner:
- 1. Tribal Member Employees
- 2. Other Indians
- 3. Other Tribal Employees
- 4. Veterans
- 5. All other applicants
- (5) Equal Opportunity: The EO is authorized to establish an Equal Opportunity Program that provides the following at a minimum:
- (A) Equal Opportunity in Tribal employment, except as provided under the tribal Indian preference policies.
- (B) Discrimination on the basis of age, sex, or physical disability is prohibited except where age, sex, or physical requirements constitute a bona fide occupational qualification (BFOQ) necessary for proper and efficient job performance.
- (6) Affirmative Action: The EO is authorized to institute an Affirmative Action program for tribal positions which will enable Indians not entirely qualified to be employed, the condition of receiving necessary training and skills needed for a position when the EO has determined that services would not be adversely affected by such recruitment and hiring.
- (7) Probationary period: Any newly hired individual shall serve a probationary period of not less than 180 days during which they may be discharged without cause. Regular progress evaluations shall be conducted with new employees to ensure a clear understanding of job expectations.
(f) Disciplinary Actions, Grievances and Disputes:
- (1) The EO shall provide procedures for carrying out disciplinary actions toward employees who violate Tribal rules or fail to carry out assigned tasks. Such actions shall include verbal and written warnings, probation, suspension and termination, depending on the severity of the infraction. Warnings and probation are preferred, but not required, in advance of more severe actions against employees.
- (2) The EO shall provide procedures for resolving disputes that arise between employees. The procedures shall include both formal and informal dispute resolution.
- (A) Employees may file grievances when they feel they have been unfairly treated by a supervisor, or a disciplinary action is not appropriate.
- (B) The EO shall establish procedures, including time frames for filing and responding to grievances, and an appeal process.
- (3) Limited Jurisdiction of the Court: The Tribal Court shall be the final appeals step in personnel matters only if the Court first decides that the matter involves violation of the Tribes' Constitution. The decision of the Tribal Court in such matters shall be final.
(g) Compensation and Benefits
- (1) Salaries and wages: The Council shall establish the salary of the EO. Salary ranges for all other employees shall be established by the EO as follows:
- (A) Establish a wage range for all positions consistent with, equal to, or slightly higher than similar positions in the area, but shall not exceed the amount provided by the BO unless authorized by the Council.
- (B) Ranges for all positions shall be available for review by the Council annually and at any time as salary ranges are established or adjusted.
- (C) The EO shall establish actual salary levels paid to employees within established ranges and shall publish procedures for adjusting salaries within them based on job performance and employee qualifications. Such procedures shall be reasonably consistent with positions of similar employers.
- (D) Salary ranges for employee positions shall be made available to Tribal members on request.
- (E) The actual salaries paid to individual employees shall be confidential; provided that Council may obtain this information on request.
- (2) Work Hours and Overtime
- (A) Work hours for each non-exempt position shall be assigned by the EO and generally shall generally not exceed 40 hours per week. Hours may fluctuate based on need and to provide for attendance at meetings and events.
- (B) Overtime shall be paid at time and one-half to non- exempt employees as determined by the Division Manager or supervising Officer.
- (3) Employee Benefits:
- (A) The EO shall, with input from employees, develop benefit plans and programs reasonably consistent with similar employers, and affordable within the resources available for program expenditures.
- (B) No formal pension plan shall be adopted except as approved by the Council by resolution.
- (D) No benefit plan or program may be approved which requires the obligation of the Tribe to pay benefits other than the amount budgeted.
- (4) Annual Leave
- (A) Employees shall earn annual leave from the first day of employment, provided, no leave may be taken during the probationary period.
- (B) Annual leave earned by employees will be based upon length of continuous service with the Tribe as follows:
|Length of Service
||Annual Leave Earned|
|Up to 2 years
||8 hours per 160 hours worked|
| 2 to 5 years
||10 hours per 160 hours worked|
| Over 5 years
||13 hours per 160 hours worked|
- (C) Non-probationary employees are expected to use annual leave earned, and may not accrue more than 160 hours at any one time. When the 160 hour limit is reached, employees shall not earn additional annual leave until leave is taken.
- (D) Regular employees shall be paid for unused annual leave when employment with the Tribe is ended.
- (5) Sick Leave
- (A) Employees shall be entitled to earn sick leave at the rate of 8 hours per 160 working hours of continuous employment.
- (B) Employees shall not be entitled to accrue more than 250 hours of sick leave.
- (C) No payment shall be made for unused sick leave when an employee terminates or separates from employment with the Tribe.
- (D) Sick leave is authorized only for illness, maternity, doctor visits, paternity or care of family members.
- (6) Funeral Leave: Each employee shall receive 24 hours of funeral leave at the beginning of each calendar year. Employees may not accrue funeral leave or be compensated for it upon ending employment with the Tribe.
- (7) Holidays
- (A) Standard holidays of the Tribe shall include;
- 1. New Year's Day
- 2. Presidents Day
- 3. Memorial Day
- 4. Tribal Restoration Day
- 5. Independence Day
- 6. Labor Day
- 7. Veterans Day
- 8. National Indian Day (4th Friday of September)
- 9. Thanksgiving Day and following day
- 10. Christmas Day
- (B) Columbus Day shall not be a Tribal Holiday.
- (C) Employees shall be entitled to holidays occurring while they are taking authorized annual leave.
- (D) Employees required to work on holidays shall be permitted a substitute day off, within 1 week.
- (E) The Council may declare additional holidays, provided such holidays shall be approved by resolution.
- (8) Education & Training: It shall be the policy of the Tribe to encourage, coordinate and promote education and training opportunities for employees to allow the employee to render more effective services.
(h) Performance Evaluation and Compensation Adjustments:
- (1) Performance evaluations shall be held with each employee annually, on a date determined by the EO.
- (2) Performance evaluations are to be based on standard criteria ensuring fair and equal treatment of all employees.
- (3) Performance evaluation criteria shall include a participatory process aimed at improving performance and assisting the employee in personal growth. Evaluations should be positive experiences for both employee and supervisor.
- (4) Compensation adjustments shall be based on performance and consistent with the adopted compensation schedules.
(i) Personnel Records
- (1) The EO shall make provisions for records of all personnel matters, including time and leave records, performance evaluations, disciplinary actions, grievances and other records as required by law.
- (2) All personnel records are confidential, accessed only by the employee, the EO, Administrative Officer, Personnel, Tribal Attorney, and immediate supervisor. The Fiscal Officer and payroll staff may review files for information concerning payroll, insurance, sick or annual leave, and Personnel Action Notices.
(j) Conformance With Applicable Laws: The EO shall implement policies and procedures which shall conform to and are consistent with the provisions of applicable Tribal, Federal and State laws. The EO shall make the policies and procedures available to tribal employees.
I certify this to be a true copy of the Confederated Tribes of Grand Ronde Personnel Management Ordinance.
Tribal Council Secretary