A.

Definitions. The following definitions apply in these rules:

1.

Administrative Authority. The Chief Justice is the administrative authority and has administrative powers to supervise and/or coordinate the administrtive operation of the Judicial Branch consistent with 7 N.N.C. § 371 (1985).  The executive staff have administrative powers consistent with their official position description or grant of delegated authority. These officials shall be the intermediaries between the judicial districts, Judicial Branch offices, and the Office of the Chief Justice.

2.

Administrator. The administrator shall be the court administrator of each judicial district, unless the Chief Justice otherwise designates a local presiding judge.

3.

Anniversary Date. The latest effective date of employment which is not of a temporary nature.

4.

Annual Leave Pay Out. The amount of accumulated annual leave for which an employee may be paid at the:1 time of separation from employment.

5.

Class. A grouping of positions or jobs sufficiently similar in duties, authority, and responsibilities in which:

a.

The same descriptive title can be used; or

b.

The same qualifications can be required; or

c.

The same aptitude or proficiency tests can be used; or

d.

The same pay range can be applied.

6.

Class Series. A grouping in sequence of classes that are similar in function but not in level, starting with a trainee or entry level position and advancing upward in complexity of duties, authority, and responsibility.

7.

Class Specifications. The official written position description which defines the class of work, lists the duties, training, education, and experience standards required for the class or position.

8.

Classified Service. All personnel positions under these rules.

9.

Code. The Navajo Nation Judicial Branch Employee Code of Conduct.

10.

Confidential Information. For purposes of these rules, information is "confidential" or "confidential information" if it is kept in the Judicial Branch system of personnel records on employees. Access or disclosure shall be in accordance with Rule 19 of J.B.P.R.

11.

Compensatory Pay. Payment for hours actually worked in excess of the standard work week.

12.

Compensatory Time. Time off for hours actually worked in excess of the standard work week.

13.

Cost-of-Living Increase. A salary adjustment granted to employees from funds approved by the Navajo Nation Council or other funding sources to offset inflation. Any salary adjustment granted would change the corresponding step in the pay range by the percentage or fixed dollar amount authorized.

14.

Delegation of Authority. "Delegation of authority" means the act of a Judicial Branch official giving written authority to another to temporarily assume the duties of the official upon absence or the transfer of authority to another to perform a specific duty.

15.

Desk Audit. A formal interview with an employee to gather information regarding the duties and responsibilities of his position.

16.

Disciplinary Action. Employees whose job performance or conduct is unsatisfactory or who violate Navajo law,
these Rules, or the Code of Conduct are subject to disciplinary action. Disciplinary actions may include written reprimand, suspension, or termination.

17.

Disciplinary Status. An employment condition attached to an employee after disciplinary action has been initiated, such as probation, placing special conditions upon the terms and conditions of employment, counseling, and other kinds of actions which are appropriate to the misconduct or deficiency.

18.

Executive Staff. This includes the Solicitor, Director of Judicial Administration, Fiscal Director, Chief Probation Officer, Peacemaker Coordinator, and such other persons as the Chief Justice may designate. These positions are under the direct supervision of the Chief Justlce.

19.

Flextime. "Flextime" is a work assignment arrangement consistent with Rule 21 of J.B.P.R. which permits authorized employees to vary hours of work for the convenience of the employee or the public. It allows flexibility to serve employees with special physical, familial, or educational needs or an adjustment of service hours to benefit the public. It may permit the hiring of part-time employees and job-sharing to improve services to the public.

20.

Grievance. Written complaint filed by an employee in accordance with Rule 32 of J.B.P.R.

21.

Hiring. The act of filling an employment position by the hiring authority.

22.

Hiring Authority. A person with the authority to hire individuals.

23.

In-Range Hiring. The hiring of an individual at a step higher than the initial step in the pay range assigned to the position.

24.

Job Analysis Questionnaire. A form which must be. completed before a reclassification of the position is implemented. This form is used to evaluate work actually performed according to the job description for a position and is used for reclassification purposes.

25.

Judges. Justices and judges of the Navajo Nation, whether appointed, reactivated, or on pro temp status subject to the provisions of Title 7 of the Navajo Nation Code.

26.

Layoff. The involuntary dismissal of an employee because of lack of work, lack of funds, or due to reorganization.
(27)-

27.

Nepotism. Preferential treatment of a person on the basis of blood or marriage relationship pursuant to the degrees set forth in Rule 15 of J.B.P.R.

28.

Pay Range. The official range of pay at which a class of positions in the Judicial Branch is paid.

29.

Personnel. Judicial Branch employees other than judges and justices.

30.

Position. A classified job title within the Judicial Branch.

31.

Position Description. The official written description of the typical duties/responsibilities, training, education, and experience standards required for a job title.

32.

Probationary Period. The testing or trial period of a new employee.

33.

Progressive Discipline. "Progressive discipline" is a process which provides an employee a reasonable opportunity to improve performance, following 4uidanceand counseling, prior to termination, unless the act of the employee warrants severe action, including termination.

34.

Promotion. The upgrading of an employee to a higher pay range with increased duties.

35.

Public Office. Any elected political office, either partisan or nonpartisan.

36.

Reclassification. The reassignment of a position from one job class to another job class based upon a substantial and permanent change in position duties. Reclassification refers to the job class and not to the individual filling the position.

37.

Reprimand. An oral or written statement to an employee citing a deficiency in the employee's work performance or conduct and requiring improvement.

38.

Salary Schedule. The pay ranges applied to positions within the Judicial Branch.

39.

Sexual Harassment. "Sexual Harassment" is any unsolicited and/or unwelcome sexual advance, overture, or conduct either verbal or physical, which has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment. Sexual harassment of non-employees or members of the public during the course of performing job duties is included in this definition. Sexual harassment includes, but is not limited to:

a.

Repeated sexual flirtations, gestures, advances, or demands for sexual favors;

b.

Continued or repeated verbal abuse of a sexual nature, sexually-related comments and joking, degrading comments about an employee's appearance, or the display of sexually-suggestive objects, pictures, or materials;

c.

Any uninvited physical contact or touching such as' patting, pinching, or constant brushing: against another's body; and,

d.

Any demand for sexual favors that is accompanied by" either a promise or suggestion of favorable job treatment or a threat concerning the individual's employment.

40.

Staffing Pattern. The number of personnel authorized for each judicial district or Judicial Branch office, subject to the classification, pay range, title of each position, and other related information.

41.

Supervisor. The immediate person to whom an employee reports and/or from whom an employee receives official assignments or supervision.

42.

Termination. The discharge of an employee from employment.

43.

Transfer. Reassigning an employee to a different position. Transfer refers to the employee and not to the position.

44.

Traditional Mourning Period. By custom and tradition, Navajos observe a four-day period after burial of a deceased family member or relative to honor and respect life and the passing of a loved one. This four-day period is termed a traditional mourning period.

1.

Encourage and maintain the highest level of quality work performance of personnel supervised.

2.

Encourage and maintain good employee work relationships and promote positive employee conduct.

3.

Promote the functions and operations of an independent court system.

4.

Plan, organize, direct, coordinate, and supervise assigned functional activities and responsibilities.

5.

Report adverse conditions of the work environment and facilities to promote safety and good health practices for personnel, judges, and the public.

6.

Orientate employees on work environment, work assignments, and regulations.

7.

Provide employees with applicable documents for compliance with the provisions of Rule 18.

8.

Coordinate and network activities with communities, service providers, and governmental agencies.

9.

Prepare budgets, performance reports, and other documents as directed or required on a timely basis.

10.

Implement and maintain compliance of internal operating procedures and controls of personnel functions.

11.

Safeguard and account for assets within custodial responsibility.

12.

Approve or disapprove employee activities and, transactions in accordance with functional responsibilities and policy.

13.

Represent the Navajo Nation Judicial Branch in official functions as directed.

14.

Enforce Personnel Rules, Code of Judicial Conduct, and' maintain quality personnel management.

15.

Conduct employee performance evaluations in accordance with established policies and procedures.

A.

Permanent Employee. An individual becomes a permanent employee after successful completion of a probationary period and upon designation as such by the administrator.

B.

Probationary Employee. An employee who is not a permanent or temporary employee.

C.

Temporary Employee. Employment of an individual for a specified purpose, or term of less than one year to a non-permanent position, or to fulfill the duties of an incumbent who is on leave.

D.

Reinstatement. The rehiring of an individual following separation from employment.

E.

Promoted or Transferred. The hiring of a permanent employee into another position in accordance with Rule 9 of the
J.B.P.R.

A.

Permanent Full-Time. A job authorized for at least 40 hours per week which has no fixed expiration date.

B.

Permanent Part-Time. A job authorized for less than  40 hours per week which has no expiration date.

C.

Temporary position. A non-permanent position which may be full-time or part-time with a fixed expiration date.

D.

Trainee Position. An entry level job established to provide on-the-job training for the class series.

E.

Extern. A non-employee performing services for a stipend paid by the Judicial Branch or other sources or performing services for the Judicial Branch as a volunteer.

A.

Responsibility of the Hiring Authority. When hiring to fill a new or vacant position, it shall be the responsibility of the hiring authority to comply with the sections and guidelines governing the hiring of individuals in the J.B.P.R. and applicable Navajo Nation laws.

B.

Hiring Authorities.

1.

Office of the Chief Justice. The Chief Justice shall hire the executive staff. Each executive staff shall hire employees within his department or supervision with the approval of the Chief Justice.

2.

Supreme Court. The clerk of the Supreme Court and other Supreme Court personnel shall be hired by the justices.

3.

Judicial Districts.

a.

Court Administrators. Court administrators shall be hired by the judges of the judicial district in which the position is advertised.

b.

Court Clerks. Court clerks shall be hired by the court administrator and the judge of the court in which the position is advertised.

c.

Bailiffs. Bailiffs shall be hired by the court. administrator and the judge of the court in which the position is advertised.

d.

Secretaries. Secretaries shall be hired by the court administrator and the judges of the judicial district in which the position is advertised.

e.

Microfilm Clerks. Microfilm clerks shall be hired by the court administrator and the judges of the judicial district in which the position is advertised.

f.

Probation/Parole Officers. Probation/parole officers shall be hired by the judges of the judicial district with input from the Chief Probation Officer.

4.

Other positions. The hiring authority for other positions shall be specified in the position description.

A.

Qualifications required for employment with the Judicial Branch shall be those necessary for competent performance or the duties of the position. Basic qualifications and skills must appear on the position descriptions which shall be determined by the Office of the Chief Justice.

B.

The Office of the Chief Justice may prescribe and authorize tests for job-related skills which may reasonably demonstrate whether the applicant possesses the qualifications required.

A.

All applications shall be made on official Judicial Branch Application for Employment forms. Applications shall be submitted to the appropriate hiring authority.

B.

An applicant's signature on the application certifies that, to the best of his knowledge, all information entered is accurate and complete.

C.

An application must be filed within the time period specified in the announcement. Where an applicant has submitted only a resume or an incomplete application for employment prior to the closing date, the applicant may be allowed to submit additional document(s) to complete his application.

D.

The Director of Judicial Administration may extend the closing date until a sufficient number of qualified applicants have applied upon the request of the hiring authority.

A.

Screening.

1.

The hiring authority shall review the applications and screen for minimum qualifications, subject to the requirements of the Navajo Preference in Employment Act.

2.

The hiring authority shall then interview those applicants who meet minimum qualifications and rank them based on qualifications.

3.

The hiring authority shall check criminal history records (as are available), personal references, and other relevant information on the most qualified applicants. This information will be considered in determining whether a person should be hired.

B.

Selection. The hiring authority shall select the most qualified applicant, giving consideration to any employment preferences established by Navajo Nation law and the Judicial Branch. The determination of an applicant as most qualified shall be the sole judgment of the hiring authority(ies) .

1.

When a selection is made, the hiring authority shall immediately forward to the Director of Judicial Administration the original application, resume, letters of reference, certificates, and other supporting documents of the person selected. A written summary comparing all qualified applicants interviewed shall be provided. It will rank the applicants based on qualifications and any other relevant information or factors which justify the hiring of the person selected. If the criminal history record is not provided with the application, it shall be submitted to the Director of Judicial Administration within 30 days of employment.

2.

A written summary ranking all applicants interviewed will be attached. The purpose of the summary is to justify the selection made by the hiring authority. The criteria of the summary shall be based on qualifications cited in respective position description and other factors, i.e., education, relevant experience, references, interviews, skill tests, criminal history record, etc.

3.

All documentation accumulated on the top applicants (no more than five (5)) shall be retained by the hiring authority during the probationary period of the selected applicant.

C.

Physical Qualifications. Prospective employees shall possess the minimum necessary physical and mental qualifications required for the position. After selection, the hiring authority may require a physical or mental examination of the
prospective employee to ascertain the individual's ability to perform the minimum duties of the position. A prospective employee may be denied employment if he cannot perform the minimum duties of the position, even with reasonable accommodation by the Judicial Branch for physical or mental limitations. A prospective employee shall not be hired if it appears that physical or mental limitation of the individual would cause an unreasonable danger to the health or safety of the individual, employees, or public.

D.

Notice of Selection. The hiring authority shall notify the selected applicant. If the selected applicant declines the position, the next best qualified applicant will be offered the position. All applicants not chosen shall be notified in writing that a selection has been made. If the position is not filled, it may remain open or be readvertised.

A.

Nepotism Forbidden. No person shall be hired, assigned, transferred, or promoted to a position in the judicial district or office where a family member will be the supervisor.

B.

Family Member Defined. For purposes of section (A) of this Rule, a family member is husband, wife, parent, child
(including adopted, stepchild, or foster child), brother,· half-brother, sister, half-sister, grandchild, grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or cousin of the first degree.

C.

Relationship Disclosure. All applicants with the Judicial Branch shall indicate on their official application forms whether or not a family member is employed by the Judicial Branch and with which district or office. This information will be used to determine the applicant's eligibility for the position. If an applicant knowingly fails to disclose a family relationship on the application, that person may be terminated immediately upon disclosure.

D.

Relationship After Employment. If employees become family members after employment, or if a reorganization creates such a relationship, as described in sections (A) and (B) of this Rule, a reasonable time will be provided to resolve the matter voluntarily or by transfer of one of the employees.  If that is not possible, the employee with the most recent date of continuous employment will be released.

A.

Probationary Period. All employees including promoted or, transferred employees, shall serve a probationary period of ninety (90) calendar days. For good cause, a probationary period may be extended for a period not to exceed an additional ninety (90) calendar days. The extension shall be recommended by the immediate supervisor and approved by the administrator and the presiding judge, where an employee is employed at a local district.

B.

Evaluations. The immediate supervisor shall evaluate each probationary employee at the end of thirty (30) calendar days, at the end of sixty (60) calendar days, and at: the end of eighty (80) calendar days. Each written evaluation will be discussed with the employee, and a copy of the evaluation shall be given to him.

C.

Leave Benefits of a Promoted or Transferred Employee. During his probationary period, an employee promoted or transferred may continue to utilize leave benefits accrued prior to promotion or transfer, unless otherwise prohibited.

D.

Dismissal. If, during the probationary period, the employee's job performance or conduct is unsatisfactory, the administrator may terminate the employee for reasonable cause" upon the advice and recommendation of the immediate supervisor and the presiding judge, where applicable. The probationary employee shall be given written notification, citing the cause for the termination. The employee may, within five (5) working days of notice, contest the decision by requesting, in writing, a review of the written notification by the Chief Justice or his designee. The decision of the Chief Justice or his designee to uphold or reverse the termination shall be final.

A.

Record System. The Judicial Branch shall keep on file employee records containing pertinent information. The record will contain accurate employee information on selection, orientation, training, promotion, salary, evaluation, attendance, discipline, and termination.

B.

Confidentiality--General Principle. All records and information gathered and kept on employees and judges shall be confidential. No information on an employee shall be released to any person or entity without showing a privilege or legitimate need for such information. Information may be released with the written and signed consent of the affected employee; or inspected by a Judicial Branch supervisory employee with a need for such information; or obtained by subpoena by a judicial or quasi-judicial body with jurisdiction over the employee for whom the information is recorded. No person shall have access to an employee record, except as authorized by position description, without first recording (1) his name on a ledger, (2) the date of access, (3) the authority upon which access is permitted, and) (4) the reason for the access. Any request for access by a person or entity from outside the Judicial Branch must be approved by the Director of Judicial Administration or Chief Justice prior to access. Where parties from outside the Judicial Branch seek access to employee records, the employee shall be given notice of the request to protect his rights to confidentiality. Any emergency situation requiring access to employee information shall be referred to the Director of Judicial Administration. If access is allowed, then the employee shall be notified as soon as possible.

C.

Employee Access Rights. Each employee has the right to inspect and copy any information maintained in his personnel records and the right to contest the relevance or accuracy of any information maintained in the records to his administrator.

A.

Regular Work Assignment. An employee's duties shall conform with the job description of that position and other duties as assigned. Other duties as assigned must meet the good of and needs of the Judicial Branch and must fall within the stated general duties of the position.

B.

Temporary Work Assignment. In addition to duties in the job description, temporary work duties may be assigned for a specific purpose and specific time period.

A.

Work Week. The standard work week shall be based upon forty (40) hours as scheduled by the administrator.

B.

Work Day. The courts and offices shall be open to the public Monday through Friday, except for holidays, from 8:00 a.m. until 5:00 p.m. Courts or offices may extend business hours to serve the public.

C.

Flextime. Flextime plans, consistent with sections (A), (B), and (D) of this Rule, shall benefit employees or the public. Prior to implementation, such a plan shall be approved by the administrator. The plan shall indicate: (1) the employee's name and position; (2) the justification for the plan in terms of benefit to the employee or the public; (3) proposed work days and hours; (4) the feasibility of the plan for supervision and convenience of the court or office; and (5) any particular supervisory situations to be addressed.

D.

Lunch; Breaks. Each employee shall be entitled to one hour for lunch and one 15-minute break in the morning and one 15 minute break in the afternoon. Lunch and breaks shall be scheduled by the supervisor with input from the employee so that the schedule does not interfere with or hamper the operation(s) of the court or office. Employees shall not accumulate break time.

A.

Overtime. Eligible employees shall be compensated for hours actually worked which exceed forty (40) hours per week.

B.

Prior Authorization. The administrator, with the advice and consent of the presiding judgers) of the judicial district or court, as applicable, shall authorize all overtime in advance of the work to be performed.

C.

Compensation Rate. Compensation for overtime shall be at the rate of one and one-half times the straight time rate for hours actually worked which exceed forty (40) hours per week. The administrator shall approve overtime and submit it to the Fiscal Department for processing upon completion of the work.

D.

Compensation Option. Prior to working overtime, the employee shall agree to the type of compensation to be earned, either pay at time and one-half, compensatory time off, or a combination of the two, as long as the premium pay principle of "time and one-half" is maintained.

E.

Use of Accumulated Compensatory Time.

1.

Prior to compensatory leave, the employee shall submit to the administrator for approval, a request to use compensatory time. Approval shall be based upon the needs. of the court or office. Compensatory leave earned and taken shall be properly accounted for by the administrator to the Fiscal Department for processing of payroll information.

2.

Compensatory time off must be taken within a reasonable period, as determined by the administrator. However, in no case may an employee accrue more than 40 hours of compensatory time off. Any overtime hours worked in excess of this limit must be compensated in cash wages (subject to availability of funds) until the number of accrued hours of compensatory time off falls below the limit.

A.

Full or partial payment or reimbursement of registration fees, tuition, or material costs for participation in trainings or educational leave of a short term related to employee training/educational needs shall be authorized by the administrator and approved by the presiding judge(s) of the judicial district, subject to the availability of funds.

B.

Full or partial payment or reimbursement of registration fees, tuition, or material costs for participation in trainings or educational leave of a long term related to employee training/educational needs which exceeds eighty (80) consecutive work hours in a calendar year shall be authorized by the administrator and approved by the presiding judge(s) of the judicial district, subject to the availability of funds.

A.

Volunteers may be paid for their services from non-Judicial Branch sources. Law student externs are excluded from this Rule.

B.

Volunteers must be accepted for service by the N.N.J.B. prior to beginning their volunteer services.

1.

Once the volunteer's interest becomes known to the court administrator he shall forward to the Director of Judicial Administration a written authorization to utilize volunteer services which shall include:

a.

A completed N.N.J.B. Application for Employment form;

b.

A short statement as to the type of services the volunteer will provide and to the extent possible, the skills the volunteer may have to provide those services;

c.

An estimate of the length of time over which the volunteer will provide services.

2.

The volunteer shall submit other forms as required which may include an agreement regarding their employment as lS appropriate to the position and the work to be performed.

C.

Volunteers shall have a designated supervisor who shall be an employee of the N.N.J.B. The designated supervisor shall be responsible for the volunteer's activities and shall make such reports as may be necessary.

D.

Volunteers shall be required, in writing, to agree to abide by all relevant J.B.P.R.

A.

Employee.

1.

Safety. Employees have a duty to report to the supervisor or administrator all unsafe conditions in the workplace.

2.

Job-Related Illness or Injury. Employees have a duty to immediately report all job related illnesses or injuries to the administrator.

3.

Health and Physical Condition. An employee shall report to the administrator any personal physical condition or illness which may negatively affect the employee's performance of the minimum duties of the position. Whenever the supervisor has reason to believe that an employee's physical or mental health is substantially impeding the satisfactory performance of the duties, tasks, and responsibilities assigned to the employee, the employee may be required to undergo, at his expense, an examination by a licensed physician. The employee shall provide the results of the examination to the administrator.

4.

Citations or Accidents Involving a Navajo Nation Vehicle. Employees shall immediately report all traffic citations received while operating a Navajo Nation vehicle. Accidents or damages occurring while operating a Navajo Nation vehicle shall immediately be reported to the immediate supervisor or administrator.

B.

Administrator.

1.

Job-Related Illness or Injury. The administrator shall immediately report, in writing, all job-related illnesses or injuries to the Director of Judicial Administration. The report shall be faxed in the case of an emergency.

2.

Work Environment. No employee shall be compelled to work where physical conditions present an immediate danger to the employee's physical safety, health, or well-being. Administrators are responsible for determining whether the physical work environment, including office buildings or condit