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(1) The Human Resources Department will maintain the following employee records for each employee: a personnel file and a confidential file. Employee records are confidential and accessible only to the employee, his/her supervisors, Human Resources Department, the appropriate Chief Executive Team member and Tribal Attorney for official business reasons. Some information of the employee files can be accessed by the Payroll Department for payroll-like functions and/or IT Department to assist with accessing files and proper electronic records filing.

(2) An employee’s personnel file will include the following:

(a) Employee’s complete job application packet;

(b) A copy of the position description under which the employee was hired and any updates;

(c) Training and education obtained while working for the Tribe;

(d) All records relevant to informal and formal grievance procedures concerning the employee;

(e) Evaluations;

(f) Any performance plans or corrective action plans developed for the employee;

(g) Personnel action notices;

(h) Any other information relevant to the employee’s employment with the Tribe with the exception of the background screening of employee in covered positions;

(i) Any disciplinary actions or memos; and

(j) Exit interview.

(3) An employee’s confidential file will contain documentation regarding medical, retirement, and other information that is not directly related to the employee’s employment, position, qualifications, or performance. This file is secured and with limited and restricted access or as governed by Health Insurance Portability and Accountability Act of 1996 and as amended thereafter for covered documentation.

(4) A release form signed by the employee must accompany all requests by others for personnel information from the Tribe about the employee.

(5) A personnel action notice shall be used to initiate employment, make changes to pay, benefits, work week hours, document leave time, end of employment to keep personnel records up to date. The personnel action notice must have the appropriate approvals before any action is to take place and be considered official. [Res. 2022-10-016 § 1, 2022.]