5-12-002 Grounds for Disciplinary Action
(1) Tribal employees shall not violate the established rules and regulations of Tribal Government. Conduct outside of work shall not be covered by these rules except as such conduct impacts job performance or violates the Conduct Policy as set forth in this chapter.
(2) Just cause for discipline, up to and including discharge, shall include, but not be limited to, the following infractions:
(a) Verbal harassment, bullying, or intimidation of a Tribal employee, official, or client.
(b) Use of foul, abusive, or obscene language.
(c) Assaulting or threatening a Tribal employee, official, or client.
(d) Refusal to carry out the directions or instructions of the appropriate Chief Executive Team member.
(e) Violation of Personnel Policy.
(f) The possession, use, or abuse of alcohol or narcotics (excluding prescription drugs used for their prescribed purpose) at work, or use which affects job performance.
(g) Excessive absenteeism or tardiness.
(h) Misusing or damaging Tribal property.
(i) Failure to follow the Employee Grievance or Personnel Action Appeals Policies in this policy or circumventing their provisions.
(j) Instituting or threatening disciplinary action against an employee or Tribal official without justification.
(k) Intentionally or recklessly endangering the safety of other Tribal employees or violating safety rules and standards.
(l) Disclosure of confidential information.
(m) Deliberately falsifying Tribal records or deceiving Tribal supervisors about job-related activities.
(n) Theft or destruction of the property or funds of the Tribe, a client, or another Tribal employee.
(o) Falsification or intentional misrepresentation of a material nature in an employee’s application for employment.
(p) Unsatisfactory job performance, after being given the means and opportunity to improve.
(q) Failure to return to work after an approved leave of absence.
(r) Sexual harassment of employees, clients, or Tribal members.
(s) Failure to perform assigned job duties.
(t) Conviction or admission of a crime that reflects adversely on the reputation or image of the Samish Indian Nation, affects, inhibits or prevents effective job performance, or makes it impossible for the person to work with other Tribal employees or Tribal members; such crimes include, but are not limited to, murder, assault with a deadly weapon, crimes against children, child abuse, domestic violence, and sexual abuse or harassment.
(u) Unexcused absence from work.
(v) Wasting time, loitering or leaving the work area during work hours without authorization.
(w) Conducting personal business during work hours.
(x) Accepting or soliciting gratuities, gifts, or money in violation of Tribal policy.
(y) Deliberately restricting job performance of self or coworkers.
(z) Instigating fighting on Tribal property.
(aa) Malicious gossip, or spreading rumors about employee/Tribal members.
(bb) Misappropriation of Tribal funds.
(cc) Texting or failure to use hands free technology while operating a motor vehicle while on Tribal travel. [Res. 2022-10-016 § 1, 2022.]