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Table of Content

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

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Table of Content

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  1. Chapter Officials Supervisory Responsibilities and Process for Disciplinary MeasuresPresented by:Harvey McKerry, Senior Program-Project SpecialistLocal Governance Support Center Fort Defiance Agency

  2. Table of Content • A. Government Services Committee Resolution GSCJA-07-03 1. 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 Services Coordinator • B. Navajo Nation Department of Justice Employment Litigation Unit and Grounds for forfeiture of legal representation. 1. Department of Justice Disciplinary Review Form 2. Disciplinary Action Notice Template 3. Serving the disciplinary notification to employee

  3. A. Government Services Committee Resolution GSCJA-07-03 adopted January 03, 2003. • B. Section IV: Personnel; (B) Community Services Coordinators (CSC). 1. The recruitment and hiring of CSC 2. Authorization to designate a chapter official to supervise CSC 3. Failure to designate a local direct supervisor 4. 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

  4. 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

  5. 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.

  6. F. Department of Justice Employment Litigation Unit 1. 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.

  7. H. Reasons why disciplinary actions are overturned. 1. Defective disciplinary notices 2. Wrong PPM offenses 3. Incomplete facts, or incorrect dates 4. 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.

  8. 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.

  9. J. DOJ DISCIPLINARY REVIEW FORM 1. 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.

  10. K. Disciplinary Action Notice Template 1. General information 2. Introduction 3. Table of Penalties, Type(s) of Offenses Committed Penalty Imposed 4. 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 Actions 6. Acknowledgment 7. Concurrence

  11. Question and Answers. • www.lgscftdefiance.org • Thank you.

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