Fort McDowell Yavapai Nation Personnel Policy - Employment Standards Of Conduct (PDF)

PERSONNEL POLICY RES. NO.: Ft. McD 2004 - 60 DATE: 4 May 2004 SECTION: Employment UPDATED BY: P...

PERSONNEL POLICY RES. NO.: Ft. McD 2004 - 60 DATE: 4 May 2004 SECTION: Employment UPDATED BY: Policy Committee TITLE: Standards of Conduct/Conflict of Interest REVIEWED BY: Tribal Council NUMBER: 109A I. PURPOSE To define the standards of conduct for employment with the Fort McDowell Yavapai Nation by providing guidelines for identifying unacceptable work conduct and for maintaining a sense of order in the workplace. II. POLICY Fort McDowell Yavapai Nation will endeavor to ensure an orderly workplace through the establishment of rules of conduct. The application of workplace rules should be consistent without regard to race, color, religion, sex, age, national origin, disability, handicap or veteran status. Rules have varying degrees of importance with regard to the successful operation of the Nation and employee welfare. Therefore, General Offenses do not require the same disciplinary action that is necessary for Major Offenses which may be so serious as to require immediate discharge. The Nation bases its enforcement of rules on a warning system that allows employees to be advised of infractions, and to allow corrective action and thus avoid the necessity for more severe forms of disciplinary action. The enforcement of these rules will be accomplished through constructive discipline. However, as employment with FMYN is “employment at will”, the Nation reserves the right to terminate an employee without regard to any defined disciplinary steps or without notice when management deems appropriate. III. PROCEDURE A. When it is established on reasonable grounds that a violation of one or more work rules has occurred, the employee will be disciplined according to the nature and severity of the offense. 1. Counseling and disciplinary notices are issued by the department head. 2. Copies of verbal and written communications or disciplinary actions will be forwarded to the Human Resources Department to be placed in the employee’s personnel file. B. The offenses set forth are not all inclusive, but are typical of unacceptable conduct. In the absence of special circumstances, the following offenses are subject to the discipline (see Section 110 - Discipline). GENERAL OFFENSES 1. Excessive tardiness is failure by the employee to be at his/her work station ready to commence work at the start of his/her regularly scheduled shift (see Section 111-Attendance Control). 2. Absence from work for one (1) day or more without prior permission, notification, or adequate explanation. 3. Repeated failure to clock time in or out, or unauthorized use of the time clock. 4. Wasting time, loitering, hanging out or leaving the assigned work area without permission. 5. Leaving work without permission, leaving early or arriving late from breaks and/or lunch. PERSONNEL POLICY SECTION: Employment PAGE: 2 of 4 FMYN Personnel Policy — Reissued September 2022 TITLE: Standards of Conduct/Conflict of Interest NUMBER: 109A 6. Carelessness in use of tribal-owned vehicles, equipment, tools, or materials resulting in their damage, destruction or loss. Use of tribal-owned vehicles for personal use when not on official tribal business or without prior approval. 7. Failure to report a personal injury accident sustained on the job to the department head or Human Resources Administrator, or failure to report to the nearest FMYN authorized medical facility for examination and necessary treatment. 8. Posting of any material on Nation bulletin boards, on FMYN property or on any structure controlled by the Nation that would reflect negatively on FMYN. 9. Safety rule violations which are committed through carelessness or oversight. 10. Moving traffic violations in any jurisdiction involving FMYN property. 11. Violation of Internet policy. 12. Sleeping or deliberate loafing during hours of work. 13. Horseplay, wrestling, practical joking or throwing articles. MAJOR OFFENSES 1. Repeated absences. [Note: An absence of three (3) consecutive days without proper notification to the department head will be treated as a voluntary termination of employment. For firefighters this represents two consecutive shifts (see Section 111-Attendance Control).] 2. Insubordination. Willful disobedience of reasonable and legitimate instructions issued by supervisor including intentional or negligent failure to perform assigned work or correct job performance as outlined in a counseling or disciplinary action. 3. Substandard workmanship, negligence, and inefficiency in the performance of duties. 4. Failure to report major or costly errors, damage or poor workmanship to supervision. 5. Theft, attempted theft, misappropriation in any form, unauthorized removal or willful damage to any property belonging to another employee, to the Nation, or to a patron, vendor, or visitor of the FMYN while such property is in the care, custody and control of the FMYN or on FMYN property. 6. Intentional falsifying or omitting pertinent information on any FMYN records, report or document, or giving false replies or testimony to official FMYN representative in any matter relating to the Nation’s applications, business affairs and like matters. 7. Unauthorized use of FMYN records, employee lists or any other form of FMYN information without prior explicit permission of the Department Director in charge of the activity. 8. Using FMYN owned or controlled material, time, equipment, or personnel for any personal purpose without department head, General Manager, or Tribal Council approval. (Department heads cannot approve their own personal use without the approval of the General Manager or the Tribal Council.) PERSONNEL POLICY SECTION: Employment PAGE: 3 of 4 TITLE: Standards of Conduct/Conflict of Interest NUMBER: 109A FMYN Personnel Policy — Reissued September 2022  9. Unauthorized duplication or use of keys or any other device used for locking or securing FMYN premises or property. 10. Deliberately recording another employee’s time on a time clock or time sheet, or allowing another employee to do the same for them. In those instances where there is fraud or intent to defraud, the employee or employees concerned will be subject to immediate discharge. 11. Unauthorized entry to or exit from Fort McDowell premises. A department may require guests to check in at their main office or reception desk per their posted instructions. 12. Deliberate interference with or failure to comply with instructions given by a proper authority in the performance of his/her duties. 13. Actively creating, encouraging or participating in a disorder, violence, or any other activity which would interfere with the conduct of business by the Nation or the performance of work duties by employees. 14. Creating discord or lack of harmony. This includes spreading rumors and gossiping. 15. Use of profane, abusive, threatening, intimidating, coercing language or interfering with fellow employees in the performance of their duties on FMYN premises. This includes references to race, color, religion, sex, age, national origin, disability, handicap or veteran status. 16. Introduction or possession of firearms, explosives, knives, or any other article intended for use as an injurious or deadly weapon on FMYN premises, except law enforcement and related occupations. 17. Immoral or indecent conduct on FMYN premises. 18. Introduction, possession, or use of intoxicating beverages, or illicit drugs or substance on FMYN property, or reporting to work under the influence of same. 19. Any gambling, lottery, or engaging in any other game of chance on or during paid work hours is unauthorized at FMYN. 20. Removal from authorized location, tampering with or unauthorized use of fire protection, safety, rescue and first aid equipment. 21. Deliberately or negligently disregarding violations of safety, security, or facility protection regulations. 22. Any act of sabotage or espionage involving FMYN or customer business, records, materials, or similar items. This includes destruction of computer records. 23. Unauthorized presence of an employee in a restricted or prohibited area of the FMYN’s premises. 24. Refusal to cooperate with safety/security personnel in the performance of their duties, or refusal to cooperate in any accident investigation or other legitimate inquiry. 25. Repeated violations of Internet policy. PERSONNEL POLICY SECTION: Employment PAGE: 4 of 4 TITLE: Standards of Conduct/Conflict of Interest NUMBER: 109A FMYN Personnel Policy — Reissued September 2022  26. Failure to report any suspension, revocation or expiration of driver’s license. 27. Violation of procurement policy (see Section 109B). 28. Use of a personally or tribally owned vehicle for FMYN business without authorization from Human Resources based on DMV report. 29. Violating the sexual harassment policy (see Section 114). C. FMYN reserves the right to remand an employee to the Employee Assistance Program for counseling with the concurrence of the employee’s department head and the Human Resources director. FMYN Personnel Policy — Reissued September 2022