Personnel Policies Manual

  1. The policy of the Navajo Nation is to establish and maintain standards of employee conduct and supervisory practices which will support and promote effective program operations. Such practices include the administration of consistent and constructive employee discipline.

  2. Supervisors at all levels are expected to assume responsibility for reporting and initiating proper action regarding employee misconduct, unsatisfactory work performance, or violation of personnel policies or regulations.

    1. Employees, including supervisors, whose job performance or conduct is unsatisfactory, or who violate the law, Nation policies, practices, rules, or regulations are subject to disciplinary action consistent with the Table of Penalties.
    2. Supervisors should refer to the Table of Penalties or the Department of Personnel Management for assistance in initiating disciplinary action.
    1. Program Managers (see definition section) shall have the authority and responsibility to administer appropriate disciplinary action for violations of law, Nation policies, practices, rules and regulations.
    2. When supervisors fail to administer personnel policies or initiate disciplinary action, the Human Resources Director shall notify the supervisor's superior. The Human Resources Director may also initiate appropriate disciplinary action against the supervisor and/or his/her superior.
    1. All disciplinary actions shall be documented in writing by the supervisor.
    2. Documentation of disciplinary actions will become part of the employee's personnel record subject to G.2 below. Supervisors administering disciplinary action shall provide copies of such actions to the Department of Personnel Management.

  5. Notice of disciplinary actions should be hand delivered whenever practicable or sent by certified mail. Notice by certified mail shall be effective upon delivery of notice by the U.S. Postal Service.

  6. The disciplinary notice shall be in writing, directed to the employee and shall contain:

    1. an appropriate identification of the party, including position title and department; and
    2. the date(s) on which the violation(s) occurred, or where such acts are of a continuing nature and are the basis for the disciplinary action, the period of time when the acts occurred; and
    3. a reference to the Table of Penalties regarding the offense(s) committed and the penalty imposed; and
    4. a clear and concise statement of the facts constituting the alleged violation(s); and
    5. an explanation of the employee's right to appeal the disciplinary action pursuant to Section XIV Employee Grievance; and
    6. if hand delivered, the employee's acknowledgment of receipt of the notice, or if employee refuses to acknowledge, the notation that employee refused to sign and the date.

  7. Those responsible for the administration of discipline must be firm, impersonal, and free from prejudice. In the interest of administering justice as uniformly as possible in accordance with the policies stated, a Table of Penalties is incorporated herein.

    1. In cases of less serious performance and/or conduct issues, supervisors are encouraged to discuss such deficiencies with their employees before initiating any formal disciplinary action under the Table of Penalties.
    2. A reprimand may also be appropriate for less serious offenses prior to taking formal action. Such action may not be grieved under this section of the Manual, nor will it be included in the employee's personnel file maintained by the Department of Personnel Management. However, a written reprimand may be maintained by the department or program issuing the notice.
    3. Supervisors shall be specific in describing the time period constituting an employee’s suspension, and shall include both the dates and hours when the suspension begins and ends. Holidays shall be counted in computing the suspension period.
    4. Suspensions imposed under the Table of Penalties are generally without pay, and require the employee to remain away from the workplace during the period of suspension. At the discretion of the supervisor, an employee may be placed on a working paid suspension. During the period of suspension, the employee shall continue to carry out his/her regular duties at the workplace. A paid suspension is grievable.
    5. In addition to the penalties listed, employees are reminded that depending upon the offense(s) committed, they may be subject to prosecution under Navajo Nation or other applicable laws and/or be deemed ineligible for future employment with the Navajo Nation.
    6. Employees who violate Navajo Nation or other applicable laws may also be subject to penalties provided for in those laws. Such violations may or may not lead to disciplinary action by the supervisor.
    7. For those employees paid by a contract or grant, where the funding source requires greater disciplinary measures than those outlined in the Table of Penalties, or penalties other than those listed, such disciplinary action may be imposed consistent with the funding source requirement.

    8. Where one set of circumstances warranting disciplinary action violates more than one offense listed in the Table of Penalties, supervisors must allocate the total penalty among each separate offense charged.

      For example, if an employee is charged with three separate offenses, and the penalty for all three offenses totals ten working days suspension, the supervisor must allocate the ten days among all three offenses.

    9. Employees shall not be penalized for multiple offenses arising from the same conduct or event.

      TABLE OF PENALTIES

      OFFENSE FIRST PENALTY SECOND PENALTY THIRD PENALTY
      1. Theft of Property Removal
      2. Misuse of Nation funds Removal
      3. Solicitation or acceptance of bribes or kickbacks Removal
      4. Falsification or unauthorized alteration of any Nation record Removal
      5. False statement(s) of material fact in employment application or related documentation Removal
      6. Maintaining second or outside employment without proper approval including, but not limited to, holding a salaried elected office, self-employment, etc. Removal
      7. Contracting or recommending a contract with a party where the employee has an equity or other beneficial interest, limited only to employees who have influence over the contracting process Removal
      8. Fraud and/or conspiracy to commit fraud Removal
      9. Perjury in court or before an official Navajo Nation body or tribunal Removal
      10. Concealing, removing, mutilating, obliterating, or destroying Navajo Nation records or documents without authorization Removal
      11. Abuse of office or position Removal
      12. Failure to directly call or report to the immediate supervisor for three (3) consecutive working days Removal
      13. Planning, initiating participating in or otherwise aiding or assisting in the conduct of any riot or unlawful demonstration. Removal
      14. Failure to complete the background check required by Section IV.K. Removal
      15. Egregious misconduct which calls into question one's fitness for continued employment in that position with the Navajo Nation. Suspension (up to 30 working days), Demotion, or Removal Removal
      16. Sexual harassment Suspension (up to 30 working days) or Removal Removal
      17.a Operating a tribal vehicle under the influence of alcohol. Removal
      17.b Operating a vehicle under the influence of alcohol or other controlled substance (except when controlled substance is used as prescribed). Suspension (up to 30 working days) or Removal Removal
      18. Malicious damage to Nation property including, but not limited to, graffiti, vandalism, etc. Suspension (15 - 30 working days) or Removal Removal
      19. Violation of any provision contained in Section XVI.E, Drugs and Alcohol in the Workplace Referral to EAP and/or Suspension (15 - 30 working days) or Removal Removal
      20. Failure to abide by policies and standards adopted in accordance with Section I.C Suspension (up to 15 working days) or Removal Suspension (up to 30 working days) or Removal Removal
      21. Endangering the physical wellbeing of any individual including, but not limited to, threats of, or actual violence. Suspension (up to 15 working days) or Removal Suspension (up to 30 working days) or Removal Removal
      22. Disclosing confidential Nation information to unauthorized person(s) Suspension (up to 15 working days) or Removal Suspension (up to 30 working days) or Removal Removal
      23. Misuse of Nation property or services Suspension (up to 15 working days) Suspension (up to 30 working days) Removal
      24. Insubordination, includes violation of any policy contained in this manual Suspension (up to 15 working days) Suspension (up to 30 working days) Removal
      25. Neglect of duty Suspension (up to 15 working days) Suspension (up to 30 working days) Removal
      26. Unauthorized absence Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      27. Excessive absenteeism, including tardiness Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      28. Unsatisfactory work performance Suspension (up to 10 working days) Suspension (up to 30 working days) or Demotion Demotion or Removal
      29. Failure to complete performance evaluations as required Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      30. Performing activities for personal gain when on the job including, but not limited to, campaigning for political office while on official tour of duty Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      31. Mistreatment of any individual(s) which jeopardizes health or safety Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      32. False witness against employee(s) Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      33. Offer of employment by unauthorized personnel Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      34. Violation of safety regulations which endangers oneself or others Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      35. Possession of unauthorized weapon(s) in the workplace Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      36. Failure to comply with motor vehicle regulations including, but not limited to, use of a tribal vehicle for personal reasons Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      37. Creating discord among fellow employees leading to decreased productivity or a hostile working environment Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      38. Failure to treat the public or fellow employees with courtesy Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      39. Use of abusive or vulgar language and/or gestures Suspension (up to 10 working days) Suspension (up to 30 working days) Removal
      40. Display of intoxication on the job (including use of restricted drugs not in conformance with a medical prescription) Mandatory evaluation by Employee Assistance and Suspension (up to 30 working days) or Removal Suspension (30 working days) or Removal Removal
      41. Habitual use of intoxicants to excess which affects job performance Mandatory evaluation by Employee Assistance and Suspension (up to 30 working days) or Removal Suspension (30 working days) or Removal Removal
      42. Failure of supervisor to notify employees, in writing, of background check required by Section IV.K. Suspension (up to 10 working days) Suspension (up to 30 working days) Removal