(1) “Department” means a unit of the Tribal Government that has been delegated authority by the Tribal Council to carry out an essential administrative function.

(2) “Department Manager” means an employee who directs or manages any program(s).

(3) “Detached duty employee” means an employee of another agency or government who has been assigned to Tribal Government or a Tribal entity on a full or part-time basis for a definite period of time.

(4) “Discharge” means a written decision to terminate an employee for misconduct or unsatisfactory performance.

(5) “Disciplinary action” means the sanction on an employee including but not limited to reprimand, warning, suspension, demotion, or discharge, as a result of employee action or misconduct.

(6) “Employee” means a person employed by the Samish Indian Nation except as excluded by this personnel policy. Independent contractors are not employees of the Tribe.

(7) “Exempt employee” means an employee who is exempt from wage and hour laws regarding overtime and compensatory time.

(8) “Fiscal year” means the calendar year, unless otherwise stated in a contract or grant.

(9) “Full-time employee” means an employee, either probationary or regular, who is employed for at least 30 scheduled hours of work per week.

(10) “Grievance” means a dispute between two or more employees or an employee’s dissatisfaction with a particular workplace condition.

(11) “Immediate family” means a spouse including domestic partners, spouse’s parents, child, spouse’s child by a former marriage, brother or sister, aunt, uncle, grandfather, grandmother or spouse’s brother or sister, aunt, uncle, grandfather, grandmother, or any person living in a spousal relationship.

(12) “Independent contractor” means a person who works for the Tribe who is not an employee of the Tribe and is not entitled to any employee benefits or programs. An independent contractor provides services to the Tribe pursuant to a contract with the Tribe that details the duties and responsibilities of each.

(13) “Layoff” means a reduction in force or separation from Tribal employment because of organizational changes, lack of work, lack of funds, or for other reasons not reflecting upon the work record or performance of an employee.

(14) “New employee” means a person who is new to a Tribal employment position, whether or not previously employed by the Tribe, and who has not completed a trial employment period.

(15) “Nonexempt employee” means an employee whose position involves activities which are not exempt from wage and hour laws regarding overtime.

(16) “Part-time employee” means an employee who is scheduled on a normal basis to work less than 30 hours per week for the Tribe.

(17) “Personnel action notice” means a document used to record appointment, compensation, disciplinary action, transfer, promotion, layoff, termination, discharge, bonuses, benefits, or other action affecting an employee’s status.

(18) “Personnel leave” means unpaid leave of a Tribal employee.

(19) “Probation” means the period of time during which an employee’s performance will be closely monitored as part of disciplinary action.

(20) “Probationary employee” means an employee who has been placed on probation as the result of disciplinary action.

(21) “Program manager” means an employee who directs any department or sub-unit of the Samish Indian Nation under the supervisory direction of a department director.

(22) “Regular employee” means a full or part-time employee who has completed his or her initial trial employment period, and is not otherwise on probation status.

(23) “Chief Executive Team” means the executive management team composed of the Chief Operations Officer and Chief Financial Officer.

(24) “Appropriate Chief Executive Team member” means the executive team member, of the Chief Operations Officer or Chief Financial Officer, based on their management responsibilities under the Tribe’s Organizational Chart.

(25) “Seniority” means the priority of an employee based on the length of the employee’s continuous service to the Tribe. For purposes of employment seniority only, employees of Tribal entities shall be considered Tribal Employees.

(26) “Supervisor” means any person who is responsible to a higher level of authority within the Tribe, such as the Chief Operations Officer, Chief Financial Officer, a Senior Officer, or Director, and any person who directs or controls the work of other employees, including but not limited to a department manager or supervisor.

(27) “Suspension” means temporarily relieving an employee of his or her employment duties with or without pay or fringe benefits for disciplinary purposes for a specified period of time.

(28) “Temporary employee” means an employee whose job duties or responsibilities, on either a full or part-time basis, do not exceed 180 days in any calendar year without express approval by the Tribal Council. This designation will also be applied to paid interns and WWIETP trainees for administration of payroll and benefit policies; these temporary employees will work under their intern agreement.

(29) “Termination” means when an employee leaves his or her employment with the Tribe, either voluntarily or involuntarily.

(30) “Transfer” means a change of an employee from one position to another position in the same class or to a position in a comparable job classification within the Tribe.

(31) “Trial employee” means a new employee who has not completed his or her initial 180-day trial employment period or whose term of trial employment has been extended for any reason.

(32) “Trial employment period” means the period of time during which a Tribal employee’s performance will be closely monitored in order to obtain regular employee status.

(33) “Tribal Council” means the duly elected governing body of the Samish Indian Nation under the Tribe’s Constitution.

(34) “Tribal employee” means an employee of the Samish Tribal Government.

(35) “Tribal entity” means an arm of the Samish Indian Nation or a Tribal corporation set up to conduct the cultural and/or economic development activities of the Tribe.

(36) “Tribal Official” means an authorized representative of the Tribe, or a person who is designated as an official spokesperson for the Tribe by the Tribal Council or Tribal Chairman.

(37) “Verbal warning” means an oral communication by a supervisor, department manager, or appropriate Chief Executive Team member which warns an employee of action or conduct which could result in further disciplinary action.

(38) “Workday” means any day or shift which an employee is scheduled to work.

(39) “Written reprimand” means a written communication by a supervisor, department head, or appropriate Chief Executive Team member, which is placed in the employee’s personnel file, and which warns an employee of action or conduct which could result in further disciplinary action. [Res. 2022-10-016 § 1, 2022; Res. 2020-04-002, 2020.]