5-12-003 Levels of Disciplinary Action

(1) Form of Disciplinary Action. Disciplinary action can take the following forms: verbal warning, written reprimands, suspension, probation, discharge, or immediate discharge if the appropriate Chief Executive Team member determines that an offense is sufficiently grave.

(2) Factors to be taken into consideration in determining appropriate disciplinary action include, but are not limited to:

(a) Severity and frequency of the infraction;

(b) Level of responsibility of the employee; and

(3) Verbal Warning. Verbal warnings shall be made to an employee by their supervisor regarding poor job performance or violation of Tribal policies and procedures. The supervisor must explain the consequences of the employee’s continued conduct. The supervisor shall document the date of the verbal warning, the nature of the reprimand, the corrective action, and consequences if the conduct continues. A copy of said document will be provided to the employee.

(4) Written Reprimand. Reprimands shall be in writing and placed in the employee’s personnel file. A copy of the document will be provided to the employee.

(5) Suspension. A disciplinary suspension will extend no longer than two weeks from the date of the supervisor’s decision. During the period of suspension, the employee will not earn any salary and will not accrue or use any annual or sick leave.

(6) Probation. An employee may be placed on probation as a result of a disciplinary action. The supervisor must develop a work improvement plan with measurable outcomes and time frames for the employee as part of the disciplinary action placing the employee on probation. When an employee is placed on disciplinary probation, the probation period typically will last no longer than three months from the date of the supervisor’s decision, or if the disciplinary action is appealed by the employee from the date of resolution of the appeal. The probationary period may be extended based on the employee’s compliance with the terms and conditions of the probationary work plan. During the period of disciplinary probation, the employee will not be entitled to take annual or sick leave without the approval of the appropriate Chief Executive Team member.

(a) In most instances, an employee will be terminated as a result of two or more disciplinary actions; however, an employee may be terminated based on one disciplinary action depending on the severity of the infraction. In such instances, the employee will be discharged as soon as the appropriate Chief Executive Team member authorizes the termination of employment. The appropriate Chief Executive Team member may delegate his or her authority to discharge employees to another department manager, or supervisor, either on a case-by-case basis or by general order, on such terms, as he or she believes will best serve the interests of the Tribe.

(b) An employee who has been involuntarily terminated may not be rehired by the Tribe for a period of six months after the discharge becomes final.

(c) The six-month period will not apply to trial employees discharged for their inability to perform job duties at a satisfactory level. If a trial employee is discharged for reasons that could warrant disciplinary action, the six-month period shall apply. In such event, the reasons shall be documented in the employee’s file. At the end of the six months, the individual is eligible to apply and compete for any position available within the Tribe. [Res. 2022-10-016 § 1, 2022.]