Personnel Policies Manual

  1. Employees are expected to comply with all applicable laws and policies of the Navajo Nation with respect to their conduct. In general, the use of good judgment will guide employees with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, the matter should be discussed with the appropriate supervisor and, if necessary, with the Office of Ethics and Rules for advice and consultation.

    Each employee of the Navajo Nation shall, among other things:

    1. Uphold, with integrity, the trust and confidence placed in the employee pursuant to his/her employment.
    2. Comply with and respond to the directions and instructions of the supervisor.
    3. Show courtesy, respect, cooperativeness, diligence and tact in dealings with supervisors, fellow workers, elected officials and the general public at all times.
    4. Provide full, efficient, and industrious service to promote the goals and objectives of the Nation's programs.
    5. Maintain confidential information acquired in the performance of his/her duties and refrain from disclosing any portion thereof, except in the manner and to the extent authorized.
    6. Refrain from using his/her official position to influence transactions involving purchases, contracts, leases, or other business dealings which advance personal interests or those of his/her friends or relatives. The existence of any actual or potential conflict of interest must be disclosed to the appropriate supervisor so that safeguards can be established to protect all parties.
    1. While employed, an employee’s private life is his/her own; however, an employee’s activities cannot disrupt the work or the workplace. Each is expected to comply with all applicable laws.
    2. If an employee is indebted directly to the Navajo Nation, he/she will be required to make payment (including payroll deductions) subject to the specific terms of the indebtedness and/or the Navajo Business and Procurement Act.
    3. Employees shall be held accountable for loss of Navajo Nation funds or property for which they are responsible where the loss is due to negligence or carelessness. Employees with custodial responsibilities for Navajo Nation property will safeguard assigned property.
    4. Solicitation or receipt of gifts, favors, and/or gratuities is prohibited when such gifts constitute a conflict of interest or is in violation of the Ethics in Government Law.
    5. Correspondence, papers, drawings, sketches, documentation, computer programs, instructions, procedures, forms and all such items produced by an employee in the course of his/her work are considered property of the Navajo Nation. Unauthorized removal, reproduction, and/or disclosure are strictly prohibited.
    6. While employees may be authorized from time to time to speak on behalf of the Nation, no employee may declare, as policy, any statement that is contrary to the policies of the Navajo Nation.
    7. Tribal vehicles are for official use only and employees are required to use them within the scope of their employment. Any accident involving a tribal vehicle must be reported by the employee involved in the incident as required by the Motor Vehicle Operator's Handbook.
    8. Use of the Internet in any way which would violate policies and/or procedures established by the Division of General Services or other appropriate authority is prohibited.
    1. An employee pursuing any public office may, upon approval of the Program Manager, be granted a leave of absence not to exceed 60 calendar days.
    2. Annual leave will be used until exhausted, then leave without pay will be used. However, funding source restrictions may require that an employee take only leave without pay.
    3. Employees are prohibited from campaigning during work hours. Supervisors shall monitor and enforce this policy.
    4. Employees elected to the Navajo Nation Council or the office of the President or Vice President of the Navajo Nation must resign from Navajo Nation employment before taking the oath of office.
    1. Employees who are elected to any public office other than those listed in C.4 above may be allowed to retain Navajo Nation employment. If the public office is a full-time position or involves a salary, the employee must obtain permission from his/her immediate supervisor and the Human Resources Director to retain Navajo Nation employment. The request must be submitted in accordance with the policy on Second or Outside Employment.

    2. If the employee’s duties as a public servant interfere with his/her work performance or responsibilities, or otherwise create a conflict of interest in the workplace, the supervisor may initiate appropriate disciplinary action and/or refer the matter to the Ethics and Rules Office. Public officials shall not perform public servant responsibilities while on their regular tour of duty as a Navajo Nation employee.

      1. Employees retaining tribal employment are expected to abide by all applicable policies including, but not limited to, these personnel policies, travel policies, and standards of conduct.
      2. Cases referred to the Office of Ethics and Rules - Decisions issued by the Ethics and Rules Committee must be complied with by all parties.
    3. An employee who has been appointed or elected to serve on a board, commission, or committee which pays a stipend, or who has been elected to a public office, shall be required to take annual leave to attend to appointed or elected duties. The Program Manager will grant these leave requests whenever possible. If the employee has exhausted annual leave, then leave without pay will be used.
    1. The use of intoxicants during working hours or the lunch period is prohibited. Further, employees and political-at-will appointees while on official travel on behalf of the Navajo Nation, shall not consume or possess alcohol. This prohibition on the consumption of alcohol during travel shall apply to the entire duration of a trip.
    2. An employee unable to perform job duties as a result of alcohol or illegal drug intoxication will be excused from the worksite and charged leave without pay. In addition, the employee is subject to disciplinary action consistent with the Table of Penalties, offense #40.
    3. Employees and political-at-will appointees are prohibited from selling, purchasing, transferring, possessing, or using alcohol in the workplace, or while in an official travel status. Commuting to and from an employee’s workplace shall not constitute official travel.
    4. Employees and political-at-will appointees are prohibited from unlawfully manufacturing, selling, purchasing, transferring, possessing, or using controlled substances in the workplace.
    5. Any employee and political-at-will appointees violating the above policies will be disciplined, up to and including termination for the first offense.
    6. Any employee and political-at-will appointees convicted of violating a criminal drug or alcohol statute in the workplace must inform the supervisor and the Department of Personnel Management of such conviction, including pleas of guilty or no contest, within five working days of the conviction. Failure to do so will result in disciplinary action, up to and including termination for the first offense.
    7. An employee and political-at-will appointees convicted of violating a criminal drug or alcohol statute in the workplace may participate in a rehabilitation or treatment program. If such a program is made as a condition of employment, the employee must satisfactorily participate in and complete the program.
    8. All employees and political-at-will appointees are required to acknowledge that they have been informed of the above policy and agree to it in all respects. Acknowledgment and agreement are required as a condition of continued employment. Acknowledgment will be in writing and made a part of the employee's personnel file.
    9. Employees and political-at-will appointees may be subject to drug and alcohol testing consistent with Navajo law.
    1. It is the policy of the Navajo Nation to protect all employees, male or female, against unwelcome and unsolicited behavior of a sexual nature. Such behavior is unacceptable in the workplace and other work-related settings such as business trips and business-related social events.

    2. Definition

      Sexual harassment is defined as unwelcome or unwanted conduct of a sexual nature, whether verbal or physical, when:

      1. submission to or rejection of this conduct by an individual is used as a factor in decisions affecting hiring, evaluation, promotion, or other aspects of employment;
      2. this conduct substantially interferes with an individual's employment, performance on the job, or creates an intimidating, hostile, or offensive working environment.

      3. Examples of sexual harassment may include, but are not limited to:

        1. nonverbal actions; leering; gesturing of a sexual nature;
        2. unwanted sexual advances;
        3. demands for sexual favors in exchange for favorable treatment or continued employment;
        4. repeated sexual jokes, flirtations, advances, or propositions;
        5. verbal abuse of a sexual nature;
        6. verbal commentary about an individual’s body;
        7. touching, rubbing, pinching, whistling, assaulting, suggestive insulting, coerced sexual acts, or rape;
        8. environmental harassment; display in the workplace of sexually suggestive objects or pictures.

    3. Reporting a Complaint

      Sexual harassment complaints should be addressed to the immediate supervisor or at the departmental level. Reports of sexual harassment must be in writing.

    4. Retaliation

      The Navajo Nation will not in any way retaliate against an individual or witness who makes a report of sexual harassment, nor will it permit any employee to do so. A person found to have retaliated against another individual for reporting sexual harassment shall be subject to disciplinary action provided for sexual harassment offenders.

    5. Investigation

      Any allegation of sexual harassment brought to the attention of the Navajo Nation will be investigated in a manner that protects the privacy of all persons involved and such privacy will be maintained throughout the investigatory process to the extent practical and appropriate.

      1. Individuals found to have engaged in misconduct constituting sexual harassment will be disciplined, up to and including discharge from employment.
      2. If an investigation results in a finding that an employee has falsely accused another of sexual harassment knowingly or in a malicious manner, the complainant will be subject to appropriate sanctions, including the possibility of termination.
    6. Further information concerning this policy is contained in the procedures governing complaints on sexual harassment.

  7. The policy of the Navajo Nation is to prevent workplace violence and to maintain a safe work environment.

    1. Conduct that threatens, intimidates or coerces another employee, a client, or a member of the public, will not be tolerated.
    2. Employees are to refrain from fighting or other conduct that may be dangerous to others.
    3. Unauthorized firearms and weapons are prohibited on the premises of any Navajo Nation property or site where Navajo Nation business is conducted.
    4. All threats of, or actual violence should be reported to the immediate supervisor. All suspicious individuals or activities should also be reported as soon as possible.
    5. The Division Director shall document and be responsible for ensuring the prompt and thorough investigation of reports concerning threats of, or actual violence and of suspicious individuals or activities.
    6. In order to maintain workplace safety and to maintain the integrity of the investigation, employees may be placed on leave consistent with the provisions of Section X.B.3, Administrative Leave.
    7. Anyone determined to be responsible for threats of, or actual violence or other conduct that is a violation of these guidelines will be subject to disciplinary action up to and including termination of employment.
    8. Employees are encouraged to bring their disputes or differences with other employees to the attention of their supervisors before the situation escalates into potential violence.
    1. Any unlawful act committed by an employee of the Navajo Nation while on or off the job or Navajo Nation premises, can affect an employee's status.
    2. Notwithstanding any criminal prosecution initiated in a court of law, an employee may be disciplined, up to and including removal, if the conduct constitutes a violation of the Personnel Policies Manual.
    3. An employee convicted of a misdemeanor involving moral turpitude or a felony cannot be reemployed by the Navajo Nation for a period of at least three years. The number of years may be determined by other standards if the employee's position is funded pursuant to a grant or contract.