Personnel Policies Manual

  1. In general, the Navajo Nation employment process will ensure competitive practices in recruitment, selection, and placement of qualified applicants based on the applicant’s knowledge, skills, abilities, and overall qualifications for employment with the Nation. The employment process shall comply with applicable laws of the Navajo Nation.

    1. Each Program Manager shall be responsible for:

      1. complying with the employment, recruitment and selection policies and the requirements of applicable Navajo Nation, state, and federal laws;
      2. notifying the Department of Personnel Management of all vacant positions to be filled;
      3. defining the duties and responsibilities of the vacant position and, with the assistance of the Department of Personnel Management, the position requirements; and
      4. making the final selection from among applicants referred by the Department of Personnel Management for a position.

    2. The Department of Personnel Management shall be responsible for:

      1. establishing, implementing and monitoring effective recruitment and selection policies and procedures;
      2. assisting programs in defining job-related position requirements and determining the most effective recruitment and selection policies and procedures;
      3. advertising vacant positions;
      4. establishing selection procedures;
      5. conducting qualification assessments and referring qualified applicants to the program;
      6. advising supervisors on personnel policies and procedures, interpretation of requirements, and professional standards for selection methods;
      7. consulting with supervisors on the availability and qualifications of applicants for specific positions; and
      8. reviewing, monitoring and evaluating the effectiveness of selection processes.

    3. The Executive Director of the Division of Human Resources and the Politically Appointed Division Director, as pertains to Recruitment and Selection, jointly:

      1. may waive any policies under this Section if the essential program services are being hampered by critical employment needs for a specific class or classes provided that the waiver is not contrary to Navajo Nation law;
      2. may implement temporary procedures; and
      3. shall ensure that employees hired under temporary procedures are selected on the basis of the criteria herein.
    1. All vacant positions must be advertised for a minimum of 10 working days. Job vacancy announcements may be in-house, outside the Navajo Nation, or submitted to the Department of Personnel Management to be published on the bi-weekly job vacancy listing.

    2. A job vacancy announcement is not required when a position is to be filled by:

      1. departmental demotion of any employee;
      2. placement of a former Navajo employee with preference for re-employment;
      3. promotion or transfer of a qualified Navajo who is currently a regular status employee with the Navajo Nation.
    3. To ensure compliance with applicable laws and policies, all inhouse and outside job vacancy announcements require prior approval from the Department of Personnel Management before posting.
    4. Requests for job vacancies to be included on in-house and the biweekly vacancy listing published by Department of Personnel Management are to be submitted on the Job Vacancy Announcement complete with all required information.
    5. The Department of Personnel Management may consider on a case-by-case basis other job announcement options such as open recruitment and applicant pools to assist programs in filling positions.
    1. Navajo Nation employment application forms are available at the Department of Personnel Management or may be downloaded from the Department’s website. The application form solicits information from the applicant relating to education, experience, training, residence and other pertinent information. Applicants are required to sign the application which includes a statement that they are certifying to the truth and accuracy of all information provided therein and consenting to the required background check. An unsigned application shall be deemed incomplete and shall be returned to the applicant.
    2. Applications may be hand delivered, mailed, faxed, or e-mailed and must be received by the Department of Personnel Management by the close of business on or before the closing date specified on the job vacancy announcement.
    3. Applicants shall be required to furnish, at their own expense, education, or other qualifications, which are job-related as may be deemed necessary. In order to receive full credit for education, certification, or licensure, transcripts, copies of degrees, certificates, and other appropriate documents must be submitted along with the employment application.
    4. Applicants for a sensitive position must submit a signed and completed employment application and shall comply with Subsection K.
    5. Any misrepresentations, falsifications, or material omissions in any of this information or any other materials used in the application process, or information offered during the interviews, may result in the exclusion of the individual from further consideration for employment for that position; or if the person has been hired, termination of employment.
    1. The Department of Personnel Management or the approved Department/Division shall conduct a qualification assessment on all applications received on or before the closing date specified on the job vacancy announcement. The qualification assessment is based on the information provided on the employment application and other appropriate documents.
    2. Applicants who have been determined not qualified may submit a written appeal to the Human Resources Director within ten working days from the date of the non-qualified notice.
    3. The results of the appeal shall be considered the final administrative decision.
    1. An applicant interviewed for a key position may be reimbursed for interview expenses subject to the interviewing program’s availability of funds. The Division Director will be responsible for designating key positions jointly with the Department of Personnel Management.
    2. Reimbursement of interview expenses will be limited to one trip to the interview site and actual reasonable expenses, including commercial fare, car rental, personal vehicle mileage, meals, lodging and other incidental costs.
    3. Reimbursements shall not exceed the current travel expense rates established by the Navajo Nation and must be supported by receipts.

    1. Applicants who meet the minimum qualification requirements shall be referred to the hiring department by the Department of Personnel Management in the following order or priority:

      1. Enrolled Navajos with re-employment preference
      2. Enrolled Navajo veterans with preference
      3. Other enrolled Navajo applicants
      4. Non-Navajo spouses of enrolled Navajos
      5. Non-Navajos
    2. Program Managers shall consider applicants in the same order as outlined in G.1 above. However, the applicant possessing the best qualifications to perform the duties of the position should be selected.
    3. Anytime a lower priority applicant is selected over higher priority applicants, the Program Manager shall provide written justification to the Department of Personnel Management setting forth the reasons for the selection.
    4. Non-Navajos may be considered only when the applicant pool referred by the Department of Personnel Management does not include persons with higher priority as set forth in G.1 above.
    1. A regular status employee separated from employment due to a reduction-in-force shall be eligible for re-employment preference.
    2. Re-employment preference shall not be granted to employees who have not attained regular status at the time of layoff.
    3. Re-employment preference continues for a period of six months from the date of layoff provided the employee does not decline Navajo Nation employment when offered.
    1. Prior to hiring a non-Navajo for initial employment, written approval must be obtained from the Division Director. All subsequent personnel actions involving the non-Navajo, such as transfers, promotions or demotion shall also require written approval by the Division Director.
    2. The hiring of a non-Navajo spouse, who is eligible for preference, shall require written approval only by the Department of Personnel Management.
    3. The non-Navajo shall be required to train a Navajo who is employed in a position similar to the position in which the nonNavajo was hired, provided a Navajo individual is available and is otherwise eligible for the position. The non-Navajo’s supervisor shall set a timeline by which this training will be completed.

    4. The training requirement will not be necessary if:

      1. the position requires formal education, certification or licensure and such is only available from authorized or certified entities; or
      2. the non-Navajo is a spouse of an enrolled member of the Navajo Nation.

  10. All selection methods and criteria shall be job related. Selection methods include any assessment or technique used as qualifying mechanisms; physical, education, work experience requirements, formal and informal interviews, and application forms.

    1. Age Requirements

      1. Applicants under sixteen years of age shall not be considered for regular employment unless an exception has been made by applicable law or regulation.
      2. For applicants sixteen years and older, age shall not be a factor in employment except for those positions in which bona fide occupational qualifications are required.

    2. Physical Qualifications

      A person selected shall possess and maintain the minimum physical qualifications necessary to perform essential duties of the position. The Department of Personnel Management, with the assistance of the Program Manager, shall designate those positions for which medical examinations shall be required prior to employment. Whenever the supervisor has reason to believe that an employee's health is adversely affecting his/her job performance, the employee may be required to undergo a medical examination by a licensed physician. The results shall be used to determine continued employment.

    3. Polygraph Tests

      No applicant or employee shall be requested or required to take a polygraph test as a condition of applying for or obtaining employment.

    4. Work and Education Reference Checks

      To verify information about an applicant's knowledge, skills, abilities, character, and other qualifications that will be important to successful performance in a new position, job-related inquiries may be made of current and former supervisors. The applicant shall consent to the Department of Personnel Management and/or the hiring department to conduct such a work and education reference check. Information provided by an applicant to obtain employment, which later proves false, shall be grounds for termination.

    1. Policy

      The policy of the Navajo Nation is to promote a safe and secure work environment, to provide for the safety of Navajo Nation employees, volunteers, interns, and program participants and to protect the Nation’s funds, property, and other assets by obtaining and adjudicating background checks on those positions designated as sensitive. This policy shall be implemented in a manner that protects individuals’ right to privacy. Consistent with the provisions of applicable laws and policies, the Navajo Nation shall not discriminate against any applicant or employee.

    2. Development and Implementation of Policies and Procedures

      The Department of Personnel Management in collaboration with the Office of Background Investigations shall establish procedures relating to obtaining, investigating and adjudicating background checks. Procedures to implement these policies shall be developed and promulgated by the Department of Personnel Management and the Office of Background Investigations.

    3. For purposes of this Subsection, child is defined as a person who is less than eighteen (18) years old.
    4. Section K does not apply to commissioned law enforcement personnel, employees of the Navajo Nation Department of Corrections, Navajo Nation Head Start Program employees and employees of the Navajo Nation Gaming Regulatory Office.

    5. Designation of Sensitive Positions

      1. In consultation with the hiring department and subject to final approval by the Human Resources Director or designee, the Department of Personnel Management shall designate sensitive positions pursuant to 5.b. Upon designation the Department of Personnel Management shall inform the Office of Background investigations.

      2. Sensitive positions are those positions with the following job responsibilities:

        1. providing child care in a child care facility, or providing for the health, safety and welfare of a child, particularly where responsibility involves direct repetitive contact with a child or unsupervised access to children;
        2. providing patient care or providing for the health, safety and welfare of adults and elders;
        3. having responsibility for money, receipts and/or disbursement of negotiable instruments, e.g., money, checks and property disbursements;
        4. having responsibility for credit data, credit account records or credit transactions;
        5. carrying and using firearms;
        6. having responsibility for the safety and security of Navajo Nation property;
        7. having routine access to security control and key systems;
        8. having responsibility for controlled substances or toxic, radioactive or other hazardous materials;
        9. having responsibility for confidential information or sensitive data protected by federal, state or Navajo Nation law.
      3. All job vacancy announcements for sensitive positions shall include notice that a favorable background investigation is required.
      4. The Navajo Nation shall not hire any applicant for a sensitive position until a background check and suitability assessment have been completed.

      5. Upon designation by the Department of Personnel Management, supervisors shall provide written notice to current employees that their positions require a favorable background investigation.

        1. A current employee shall submit a completed security application packet to the Office of Background Investigations within 30 calendar days of receiving notice from his/her supervisor that a background check is required for his/her position.
        2. An employee who fails to comply with the background check requirement shall be deemed ineligible for continued employment pursuant to the Table of Penalties.
        3. A supervisor who fails to notify their employee, in writing, that a background check is required shall be disciplined pursuant to the Table of Penalties.
        4. An extension may be granted to an employee who has demonstrated good cause for exceeding 30 calendar days. All extensions must be in writing and approved by the Office of Background Investigations Manager. The Office of Background Investigations shall provide written notice of all approved extensions to the Department of Personnel Management.

    6. Applicability

      These policies apply to all employees who are regular status, seasonal, at-will, or temporary, applicants, volunteers, interns, and to employees who are assigned (i.e., transfer, promotion or position reclassification) to a sensitive position. Background checks conducted and completed by other agencies shall not be accepted in lieu of background checks conducted by the Office of Background Investigations.

    7. Required Documents for Sensitive Positions

      1. A security packet containing the following documents shall be submitted to the Office of Background Investigations by an applicant being considered for employment into a sensitive position or an employee who is occupying a sensitive position:

        1. a Security application;
        2. a valid State Driver’s License or State Identification Card;
        3. a Social Security Card or if not a United States Citizen, the applicant’s Visa; and
        4. a current Navajo Nation tribal criminal history report.

        A security packet that does not include all of the above documents shall be deemed incomplete and will not be processed.

      2. Individuals are required to provide accurate and complete information, and not to omit material information needed to make a decision. Any misrepresentation, falsification or material omissions in any information provided to the Office of Backgrounds Investigations may result in the exclusion of the individual from further consideration for employment for that position; or if the person is employed, termination of employment.

    8. Background Check

      Every applicant, employee, volunteer or intern applying for or employed in a sensitive position must give written consent to the Navajo Nation to obtain a criminal background check. If an individual’s criminal history includes plea(s) of guilty or no contest to or convictions of any offense under federal, state, including county and municipal, and Navajo Nation or other tribal jurisdiction, the Office of Background Investigations shall determine, upon investigation and adjudication, whether the offense(s) may bear upon the individual’s fitness to perform the duties of a sensitive position. An unfavorable result shall be grounds for nullifying an offer of employment or terminating employment.

      If an individual’s criminal history includes convictions that are identified by federal or Navajo Nation law as mandatory grounds for prohibition of employment in sensitive positions, a suitability assessment shall not be conducted, and an offer of employment shall not be made or employment shall be terminated.

      An employee shall be given an opportunity to refute, correct or explain the unfavorable information by submitting a written response with an explanation of the background information, and such information must be supported by documentation in the form of unaltered law enforcement, court or other applicable documentation.

      If the funding sources of certain Navajo Nation programs such as the Office of Youth Development require additional or more stringent standards, the Office of Background Investigations shall apply such requirements in conducting background checks.

      1. If plea(s) of guilty or no contest to or convictions of the following are included in an individual’s background check and have been verified, an applicant shall not be hired or employment shall be terminated for those sensitive positions specified under Subsection K.5.b.1:

        1. any felony;
        2. any misdemeanor involving a child including but not limited to sexual or physical abuse or neglect;
        3. any 2 or more misdemeanors involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons.

      2. If plea(s) of guilty or no contest to or convictions of the following are included in an individual’s background check and have been verified, a suitability assessment shall be conducted of the individual’s fitness for being hired or assigned to a sensitive position, as specified under Subsection K.5.b.1:

        1. any misdemeanor involving controlled substances;
        2. any other conviction that may negatively bear on an individual’s fitness to have responsibility for the health, safety and welfare of children, youth, adults, and elders.

      3. If plea(s) of guilty or no contest to or convictions of the following are included in an individual’s background check and have been verified, a suitability assessment shall be conducted of the individual’s fitness for being hired or assigned to a sensitive position, as specified under Subsection K.5.b.2:

        1. any felony;
        2. any misdemeanor involving a child;
        3. any 2 or more misdemeanors involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons;
        4. any misdemeanor involving controlled substances;
        5. any other conviction that may negatively bear on an individual’s fitness to have responsibility for the health, safety and welfare of adults and elders.

      4. If plea(s) of guilty or no contest to or convictions of the following are included in an individual’s background check and have been verified, a suitability assessment shall be conducted of the individual’s fitness for being hired or assigned to a sensitive position, as specified under Subsection K.5.b.3, 4, 6, 7, 8, 9:

        1. any felony;
        2. any misdemeanor involving moral turpitude, fraud, misrepresentation, embezzlement, theft, controlled substances;
        3. any other conviction that may negatively bear on an individual’s fitness to have responsibility for the sensitive positions in this Subsection.

      5. If plea(s) of guilty or no contest to or convictions of the following are included in an individual’s background check and have been verified, a suitability assessment shall be conducted of the individual’s fitness for being hired or assigned to a sensitive position, under Subsection K.5.b.5:

        1. any felony;
        2. any misdemeanor involving moral turpitude, fraud, misrepresentation, embezzlement, theft, controlled substances;
        3. any misdemeanor involving a child;
        4. any 2 or more misdemeanors involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons;
        5. any misdemeanor involving controlled substances;
        6. any other conviction that may negatively bear on an individual’s fitness to have responsibility for the sensitive positions in this Subsection.
      6. As a condition of employment, a background check shall be conducted every three (3) years for each employee occupying a sensitive position, unless otherwise specified by funding source, laws, regulations or pursuant to the Acknowledgment of Understanding form.
      7. Pursuant to the Acknowledgement of Understanding an employee in a sensitive position consents to report to his/her supervisor, in writing, within 72 hours of any arrest, criminal indictment, or conviction. The supervisor within 72 hours of receiving notice from the employee shall report the information to the Office of Background Investigations. Upon receipt, the Office of Background Investigations shall determine if a new background check is required. Failure to report may result in disciplinary action pursuant to the Table of Penalties.

    9. Suitability Assessment

      1. If there are no mandatory disqualifying convictions, the Office of Background Investigations shall conduct a suitability assessment for employees applying for or occupying a sensitive position. A suitability assessment shall consist of the following information:

        1. Criminal history reports, including arrest reports (federal, state, local, municipal and tribal jurisdictions)
        2. Outstanding Warrants
        3. Other negative information that may bear upon an individual’s fitness to perform the duties of a sensitive position may be considered from other governmental entities including Navajo Nation courts, the Ethics and Rules Office, White Collar Crime Unit, Navajo Division of Public Safety, the Office of the Chief Prosecutor, the Department of Personnel Management, the Office of the Auditor General and State Motor Vehicle Departments.

    10. Adjudication

      The Office of Background Investigations shall issue a favorable or unfavorable determination based on the results of a background check and/or suitability assessment.

    11. Navajo Nation Privacy and Access to Information Act

      The Navajo Nation shall treat all documentation related to background check, suitability assessment and adjudication in accordance with the Navajo Nation Privacy and Access to Information Act.

    1. The offer of employment will be extended by the Human Resources Director to the individual selected by the Program Manager if the selection is consistent with existing policies and criteria established for the job, except where the authority to offer employment is specifically delegated.
    2. The Division Director and the program director/manager shall also approve the proposed pay rate before an offer of employment is made to an applicant.
    3. The Division Director and the program director/manager shall not offer or approve employment if selection was done contrary to the Personnel Policies or Navajo Nation law.

  13. Subject to the hiring program’s availability of funds, moving expenses for key positions, in whole or in part, may be paid by the hiring program.