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Chapter Officials Supervisory Responsibilities and Process for Disciplinary Measures Presented by: Harvey McKerry, Senior Program-Project Specialist Local Governance Support Center Fort Defiance Agency. Table of Content. A. Government Services Committee Resolution GSCJA-07-03 - PowerPoint PPT Presentation
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A. Government Services Committee Resolution GSCJA-07-031. Legislative authority for an elected official to supervise a

Navajo Nation central government employee.2. Local Governance Support Centers Plan of Operation

Section IV: Personnel; (B) Community ServicesCoordinator

B. Navajo Nation Department of Justice Employment Litigation Unit and Grounds for forfeiture of legal

representation.1. Department of Justice Disciplinary Review Form2. Disciplinary Action Notice Template3. Serving the disciplinary notification to employee

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A. Government Services Committee Resolution GSCJA-07-03

adopted January 03, 2003.

B. Section IV: Personnel; (B) Community ServicesCoordinators (CSC).

1. The recruitment and hiring of CSC2. Authorization to designate a chapter official to supervise

CSC3. Failure to designate a local direct supervisor4. Direct local supervision responsibilities include:

Ensuring CSC is carrying out the day-to-day duties and responsibilities of this plan of operation.

Approval of leave request Approval of travel requests Conducting annual performance assessment

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Ensuring the CSC is adequately meeting the directive of the chapter membership regarding projects, proposals, and planning activities.

Ensuring the CSC is implementing the chapters Five Management System policies and procedures.

C. Supervision of immediate relative. Relationship by “blood.”

D. Relinquishment of direct supervision to LGSC

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E. Disciplinary action taken against the Community Services

Coordinator shall be done by the local supervisor in accordance with the Navajo Nation Personnel

Policies. Manual and in coordination with the respective Senior Program and Projects Specialist.

1. Senior Program and Projects Specialist may also take

disciplinary action against the CSC if the local direct

supervisor fails to take action for violation of policies.

2. A written notification to local supervisor is required.

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F. Department of Justice Employment Litigation Unit1. Responsible for consulting with program directors and

supervisors, including chapters, concerning proposed

adverse employment actions.2. Litigation of personnel grievances.3. If program directors and supervisors fails to procure DOJ

review before serving a disciplinary notice, or otherwise

takes adverse employment action, or fails to comply

with DOJ guidance, then program management, including chapter supervisors, forfeits DOJ representation in legal proceedings under the

Navajo Nation Personnel Policies Manual.

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H. Reasons why disciplinary actions are overturned.1. Defective disciplinary notices2. Wrong PPM offenses3. Incomplete facts, or incorrect dates4. Failure of employer to provide the employee opportunity to correct misconduct.5. Failure to apply discipline or penalties equally to all employees.6. The evidence presented at hearing does not support the charges.7. The employee has a valid explanation for or defense to the alleged misconduct.

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I. Consequences of an overturned disciplinary action.1. There is a significant cost to the program and its divisions when disciplinary and other employment actions are overturned.2. Aside from back pay and possible attorney fees/costs being awarded to the employee, Grievance Hearing Officer and/or Labor Commission awards/orders may also require the reinstatement of the employee which may require displacement of another employee and almost always results in an awkward work environment.

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J. DOJ DISCIPLINARY REVIEW FORM1. General information.2. Copy of the proposed disciplinary notice.3. A listing of witnesses.4. Explanation that employee has been provided the opportunity to explain their misconduct.5. Previous disciplinary action against the employee.6. Previous written and/or verbal reprimands or warning.7. Employees’ last performance appraisal date.8. Division Directors’ consent to use Division funds to pay any monetary award ordered by a hearing body in this matter when program funds are not available.

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K. Disciplinary Action Notice Template1. General information2. Introduction3. Table of Penalties, Type(s) of Offenses Committed Penalty Imposed4. Statement of the Facts Constituting the Alleged Violation(s)

Things to include at the beginning Statement and date of violations Things to include at the conclusion

5. Appeal of Actions6. Acknowledgment7. Concurrence

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Question and Answers.

www.lgscftdefiance.org

Thank you.


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