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.

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.

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.

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:

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:

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:

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:

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.

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:

1. Enrolled Indians of the Oglala Sioux Tribe.
2. Persons holding NE status with the Oglala Sioux Tribe.
3. Enrolled Indian married to Oglala Sioux Tribal member.
4. Enrolled Indian who is a member of a tribe other than the Oglala Sioux Tribe.
5. 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.

As a minimum, the job description shall include:

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.

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:

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.

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

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 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.

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

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:

III. PERSONNEL BOARD SELECTION CRITERIA:

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:

HISTORY: Ordinance 93-02.

2. SCOPE

3. DEFINITIONS

4. RESPONSIBILITIES

1. Arrange supervisory training to assist in identifying and addressing illegal drug use by tribal employees;

5. ADVANCE NOTIFICATION

6. DISCIPLINARY PROCEDURES

7. EMPLOYEE ASSISTANCE PROGRAM (EAP).

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

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:

Failure to receive such training shall not invalidate otherwise employees. Drug education should include education and training

B. Means of Education

Drug education activities may include:

Part II Testing Requirements.

1. GENERAL. Individuals may be selected for testing in the following categories:

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:

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:

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:

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

10. OTHER TYPES OF TESTING

11. FINDING OF DRUG USE AND CONSEQUENCES

12. RECORDS AND REPORTS

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:

*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:

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.

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

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

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Social Security Number or Employee Number