5-12-001 General Principles

(1) Authority. When there is sufficient cause, an employee’s supervisor, in consultation with the Senior Human Resources Officer, may take disciplinary action against an employee; provided, that the appropriate Chief Executive Team member must approve the discharge of a Tribal employee. A supervisor will have the discretion to determine whether or not there is sufficient cause for disciplinary action, and if so what level of discipline is appropriate within the guidelines set forth in this policy with the exception of discharge of an employee.

(a) Whenever possible, discipline will progressively increase in severity. The supervisor shall discuss and document the improper or inadequate performance with the employee. The disciplinary action must include a written corrective plan allowing the employee to correct the deficiencies and avoid future disciplinary action.

(b) However, if an employee’s conduct is so egregious as to impair the operation of the program or poses a threat to the physical safety of other persons or Tribal property so as to render impractical his or her continued employment, the employee will be immediately discharged. The appropriate Chief Executive Team member shall have sole discretion to determine whether termination is warranted in a specific case without following the progressive discipline steps of this subsection.

(3) Notice of Disciplinary Action. When appropriate and necessary, a supervisor may issue a verbal warning of reprimand before consulting with the Senior Human Resources Officer. A verbal warning or reprimand shall be documented by supervisor including a corrective plan and expected outcome with a copy provided to the employee and a copy placed in the employee’s personnel file. A written notice shall be given to each employee for disciplinary action stating the reasons for the disciplinary action, the date it shall take effect, a detailed corrective action to be taken by the employee, and the employee’s appeal rights, if any. The notice shall be given to the employee at the time such action is taken. A copy of all such notices, signed by the employee, shall be placed in the employee’s personnel file and shall serve as evidence of delivery. If an employee refuses to sign the notice, such refusal shall be documented and be placed in the employee’s personnel file.

(4) Appeal Rights. A regular employee may appeal any disciplinary action, including discharge, under the Personnel Action Appeal Policy set forth in STP 5-14-003. [Res. 2022-10-016 § 1, 2022.]