NAVAJO NATION DPM

XXI.


~ A ~	ABUSE OF OFFICE OR POSITION
		to make excessive or improper use of the authority associated with one's employment.
	ACKNOWLEDGEMENT OF UNDERSTANDING
		a written notarized statement signed by an employee or volunteer that he or she is to notify his or her immediate supervisor, in writing, within 72 hours of any arrest, criminal indictment, convictions or any other information which may be relevant to continued employment with the Navajo Nation.
	ACTIVE DUTY
		active military service in the U.S. Armed Forces performed on a full-time basis with military pay and allowances.
	ADMINISTRATIVE EMPLOYEE
		any employee whose primary duties consist of non-manual work concerning management policies or business operations and who exercises discretion and independent judgment in assisting managerial employees (as defined herein), and in fulfilling special tasks assigned;
	APPLICANT
		a person who has submitted an application for a position within the Navajo Nation (Executive or Legislative Branches);
	AT-WILL
		A supervisor can discharge an employee under this employment status for any reason at all or no reason at all, with or without notice; and the employee can leave (resign) at any time for any or no reason at all, with or without notice.

~ B ~	BACKGROUND CHECK
		a report of an individual's criminal history that is obtained from legitimate criminal history respositories.
	BREAK IN SERVICE
		an interruption in continuous employment;

~ C ~	CLASS SPECIFICATION
		a written description of a class which includes a class title, a general statement of the level of work, a statement of the required knowledge, skills and abilities, some examples of work, and the qualification requirements for the class;
	CLASSIFICATION
		the process of grouping positions which are similar in duties and responsibilities, such that the same descriptive title may be used to designate each position and common requirements as to education, experience, knowledge, ability and other qualifications exist for all positions;
	CONFLICT OF INTEREST
		a clash between the private interest of an employee and the interest of the Navajo Nation; a conflict between the public obligation and the private interests of an employee;
	CONTROLLED SUBSTANCE
		any drug, the availability of which, is designated by law as restricted and includes but is not limited to narcotics, stimulants, depressants, hallucinogens, methamphetamine and marijuana.

~ D ~	DD FORM 214
		a military discharge document issued by the Department of Defense.
	DD FORM 215
		a military discharge document issued by the Department of Defense utilized to correct errors on the DD Form 214 discovered after the original has been delivered and/or distributed.
	DAYS
		calendar days unless otherwise stated
	DECLARATION AND CONSENT FORM
		a Navajo Nation form on which an applicant, employee or volunteer declares any criminal history and gives consent to the Navajo Nation to take his or her fingerprints, obtain tribal and FBI criminal background checks and conduct a relevancy assessment of any criminal history relative to the job responsibilities of a sensitive position.
	DEMOTION
		a change in the assignment of an employee from a position in one class to a position in another class having a lower pay grade
	DISCHARGE
		the involuntary removal of an employee from employment
	DISCIPLINARY ACTION
		action taken by a supervisor in response to unsatisfactory conduct or performance by an employee
	DISHONORABLE DISCHARGE
		dishonorable or bad conduct discharge from active duty in the U.S. Armed Forces.
	DIVISION DIRECTOR
		in addition to Division Directors, includes heads of Executive and Legislative Offices

~ E ~	EGREGIOUS
		deplorable, outrageous, flagrant, outstandingly bad, blatant
	EMPLOYEE
		an individual employed by the Navajo Nation (Executive or Legislative Branches)
	EMPLOYER
		for the purpose of this manual, employer is the Executive or Legislative Branch of the Navajo Nation Government
	EXEMPT EMPLOYEE
		an employee in a managerial, professional, or administrative position. Employees assigned to exempt positions are not eligible for overtime compensation.

~ F ~	FELONY
		any criminal offense designated as a felony under federal or state law.
	FOR CAUSE
		reasons which law and public policy recognize as sufficient for removal, not merely a cause which the supervisor in the exercise of discretion may deem sufficient
	FRAUD
		any intentional act designed to deceive and cause the Nation financial loss

~ H ~	HIRING AUTHORITY
		for purposes of these policies the hiring authority includes anyone who has authority to hire, terminate, discipline or otherwise initiate personnel action.
	HONORABLE CONDITIONS
		an honorable discharge for active duty in the U.S. Armed Forces.

~ I ~	INSUBORDINATION
		willful or intentional refusal to obey any reasonable instruction or directive which a supervisor is entitled to give and have obeyed or which is set forth in established policies; to ridicule or undermine one's supervisor; condoning, encouraging, or engaging in conduct not within the chain of command

~ K ~	KEY POSITION
		a professional or highly technical position that requires specialized training, experience, licensure or certification.

~ L ~	LAYOFF
		the involuntary separation from employment for non-disciplinary reasons, including, but not limited to, lack of funds or work, abolishment of position, or reorganization within program, department, or division
	LEAVE
		authorized absence, with or without pay, granted to an employee to take time off from work

~ M ~	MALICIOUS
		i-font-size: 12.0pt; mso-fareast-font-family: Times New Roman; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">wrongful and done intentionally without just cause or excuse
	MANAGERIAL EMPLOYEE
		any employee whose primary duties consist of managing a division or recognized department, program or office; who directs the work of two or more other employees; who has the authority to hire or fire other employees or whose recommendations in such matters are given particular weight; and who otherwise exercises discretionary powers
	MINIMUM QUALIFICATIONS
		a specification of the experience, training, education and/or licensure or certification and the minimum knowledge, skills and abilities that provides appropriate job related qualifications necessary to perform the duties
	MISCONDUCT
		improper or unlawful behavior by an employee in regards to his/her position
	MISDEMEANOR
		any criminal offense designated as a misdeamor under federal, state, Navajo Nation or other tribal law.
	MORAL TURPITUDE
		gravely violating accepted moral standards of the community

~ N ~	NATIONAL GUARD
		a civilian reserve component of the U.S. Armed Forces comprised of guardsmen who serve during overseas peacekeeping missions, time of war and during local emergencies.
	NAVAJO NATION
		for the purposes of this manual, Navajo Nation includes all programs, departments, and divisions within the Executive and Legislative Branches of the Navajo Nation Government
	NAVAJO NATION CODE
		reference number for Political At-will employees:
		Attorney General 2 N.N.C.§1962 (B) Chief Prosecutor 2 N.N.C.§1973 (B) and (D) Executive Director of the Navajo Nation Washington Office 2 N.N.C.§1152 (C) The Public Defender Commission 2 N.N.C.§1994(C) and 2 N.N.C.§1995
	NEGLIGENT
		the failure or neglect of any reasonable precaution, care, action; careless; failing to give proper attention/font>
	NON-EXEMPT EMPLOYEE
		an employee in a non-supervisory or office staff position. Employees assigned to non-exempt positions are eligible for overtime compensation.

~ O ~	OVERTIME
		any time worked which exceeds the regularly scheduled tour of duty

~ P ~	PEACETIME
		a time when the U.S. is not at war which includes the years of: 1946 - 1950; 1955 - 1964; and May 7, 1975 - August 1, 1990.
	PENALTY
		a punishment imposed for violation of personnel policies or procedures
	PERFORMANCE MANAGEMENT PLAN
		>the formal system by which an employee is evaluated
	PROFESSIONAL EMPLOYEE
		any employee whose primary duties consist of work requiring knowledge of a specific field including, but not limited to, law, teaching, medicine, architecture, engineering and other fields of science; work that is original and artistic in character, the result of which depends on the talent of the employee and whose work requires the exercise of discretion and judgment in its performance>
	PROGRAM MANAGER
		for purposes of these policies, a Program Manager includes anyone who has the authority to hire, terminate, discipline, or otherwise initiate personnel action. It is also intended to include all supervisors at higher levels, i.e. Department Managers, division directors
	PROGRAM PARTICIPANT
		an individual who receives services from Navajo Nation programs, i.e. Navajo Department of Workforce Development, Office of Youth Development, Program for Self Reliance, etc.
	PROMOTION
		a change in assignment of an employee from a position in one class to a position in another class having a higher pay grade

~ R ~	RELEVANCY ASSESSMENT
		an evaluation conducted by the Office of Background Investigations to determine whether a conviction of or plea(s) of guilty or no contest to offense(s) on an individual's criminal history may negatively bear on the performance of job responsibilities of a sensitive position; and thereby, pose a risk to the health and safety of Navajo program participants, employees or assets.
	REPRIMAND
		written notice to an employee by the supervisor that a deficiency exists in the employee's work performance or conduct and improvement is needed.
	RESERVIST
		a reserve of the U.S. Armed Forces, including retired and inactive members.

~ S ~	SERVICE-CONNECTED DISABILITY
		an injury or disease that was incurred or aggravated during active military service.
	SOME EXCEPTIONS
		with reference to Section XXI.B.4. (1) Service beyond 5 years that is required to complete an initial period of obligated service; (2) service from which a person, through no fault of their own, is unable to obtain a release within the five-year period; (3) required training for National Guard members and reservists and additional training certified by the Secretary of Defense and/or Governor of the State as necessary for professional development; (4) service under an order to report for or stay on active duty during a domestic emergency or situations related to national security; (5) service under an order to report for or stay on active duty (other than training) because of a war or national emergency declared by Congress or the U.S. President; (6) service under an order to active duty (other than training) by volunteers supporting operational missions for which selected reservists have been ordered to involuntary active duty; (7) service under an order to active duty by volunteers supporting a critical mission or requirement of the armed services; (8) federal service as a member of the National Guard called into action by the U.S. President to suppress an insurrection, repel and invasion, or carry out the laws of the United States.
	SURVIVING SPOUSE
		the spouse of a deceased Veteran.
	SUSPENSION
		the temporary removal of an employee from service without pay, for disciplinary reasons and for a specified period of time

~ T ~	THEFT
		any of the following acts done with intent: 1. Obtaining or exerting unauthorized control over property 2. Obtaining by deception control over property 3. Obtaining by threat control over property 4. Obtaining control over stolen property knowing the property to have been stolen by another

~ U ~	UNIFORMED SERVICE OR ARMED FORCES
		the U.S. Armed Forces (the Army, Navy, Air Force, Marine Corps, Coast Guard and Reserve units for each such branch); the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the Public Health Services; and any other category of persons designated by the U.S. President in time of war or national emergency.

~ V ~	VETERAN
		an individual discharged from the U.S. Armed Forces under honorable conditions.
	VOLUNTEER
		an individual who performs hours of service for civic, charitable, or humanitarian reasons without promise, expectation, or receipt of compensation for services rendered except reimbursement for expenses, reasonable benefits, and nominal fees or a combination thereof
	VULGAR LANGUAGE
		language that is obscene, indecent, or offensive to a reasonable person

~ W ~	WEAPON
		an instrument of offensive or defensive combat, or anything used, or designed to be used, in injuring a person, including but not limited to, firearms and knives
	WILLFUL
		with intent; knowingly; deliberately; intending the result which actually comes to pass; not accidentally or involuntarily
	WORKING PAID SUSPENSION
		the period of time an employee is on suspension with pay for disciplinary reasons and the employee continues to carry our his/her regular duties at the workplace.
	WORKPLACE
		includes Navajo Nation buildings, property, parking areas, and any other location where Navajo Nation business is conducted