[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) Employee. The term 'employee' means a person employed on
a full-time basis at a designated Department of GTB.
(b) Department. The term "Department of GTB" means an entity established
by the Council to effect the delivery of services to tribal members.
(c) Remote Work. The term 'remote work' or 'remote working'
refers to a work flexibility arrangement under which an employee:
(1)
Performs the duties and responsibilities of such employee's
position, and other authorized activities, from an approved worksite
other than the location from which the employee would otherwise work.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) In General. Not later than 60 days after the date of enactment of
this chapter, the head of each Department shall:
(1)
Establish a policy under which eligible employees of the agency
may be authorized to remote work; and
(2)
Determine the eligibility for all employees of the Department;
and
(3)
Notify all employees of the Department of their eligibility
to remote work.
(b) Limitation.
An employee may not remote work under a policy established under this
section if:
(1) The
employee has been officially disciplined for being absent without
permission for more than two days in any calendar year; or
(2)
The employee has been officially disciplined for lack of performance
under the current personnel policy in any review of the employee's
work by a department manager.
(c) Participation. The policy described under subsection [§ 902(a)]
shall:
(1)
Ensure that remote work does not diminish employee performance
or department operations; and
(2)
Require a written agreement entitled "Remote Work Agreement"
that:
(A)
Is entered into between a department manager and an employee
authorized to remote work, that outlines the specific work arrangement
that is agreed to; and
(B)
Is mandatory for any employee to participate in remote work.
(3)
Provide that an employee may not be authorized to remote work
if the performance of that employee does not comply with the terms
of the written agreement between the department manager and that employee.
(4)
Providing that in a declared emergency as determined by the
Tribal Manager, and as confirmed by Council motion of concurrence
of the declared emergency, this § 902(c) shall not apply
to any employee of the department whose official duties are require
daily (every workday) such as:
(A)
Direct handling of secure materials determined to be inappropriate
for remote work by the Department head; or
(B)
On-site activity that cannot be handled remotely or at an alternate
worksite; and
(C)
Be incorporated as part of the continuity of operations plans
of the Department in the event of a declared emergency.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) In General. The Head of each Tribal Department, with the assistance
of the Tribal Human Resources Department shall ensure that:
(1)
An interactive remote work training program is provided to:
(A)
Employees eligible to participate in the remote program of the
department; and
(B)
All managers of remote workers.
(2)
Remote workers and non-remote workers are treated the same for
purposes of:
(A)
Periodic appraisals of job performance of employees; and
(B)
Training, rewarding, reassigning, promoting, reducing in grade,
retaining, and removing employees; and
(D)
Other acts involving managerial discretion as established in
the current Tribal Council approved Personnel Policy.
(3)
When determining what constitutes diminished employee performance,
the department manager shall consult the performance management guidelines
of the Council approved Personnel Policy.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) Department Consultation With The Human Resources Office. Each Department
shall consult with the Human Resources Department Office in developing
remote work policies.
(b) Guidance And Consultation. The Human Resources Department Office
shall:
(1)
Provide policy and policy guidance for remote work in the areas
of pay and leave, department closure, performance management, official
worksite, recruitment, and retention, and accommodations for employees
with disabilities; and
(2)
Assist each department in establishing appropriate qualitative
and quantitative measures and remote work goals; and
(3)
Consult with:
(A)
The GTB Tribal Emergency Management personnel on policy and
policy guidance for remote work in the areas of continuation of operations
and long-term emergencies; and
(B)
The GTB Office of Management and Budget and Grand Traverse Band
Information Technology Department on policy and policy guidance for
remote work in the areas of travel, technology, equipment, and dependent
care.
(c) Security Guidelines.
(1)
In General. The GTB Legal Department Manager in coordination
with the Tribal Managers Office and Human Resources Department and
the GTB Information Technology Department shall issue guidelines not
later than 60 days after the date of the enactment of this chapter
to ensure the adequacy of information and security protections for
information and information systems used while remote working.
(2)
Contents. Guidelines issued under this subsection shall, at
a minimum, include requirements necessary to:
(A)
Control access to department information and information systems;
and
(B)
Protect department information (including personally identifiable
information) and information systems;
(C)
Limit the introduction of vulnerabilities;
(D)
Protect information systems not under the control of the department
that are used for remote working;
(E)
Safeguard wireless and other telecommunications capabilities
that are used for remote working; and
(F)
Prevent inappropriate use of official time or resources that
violate Standards of Ethical Conduct for Employees of the Department.
(3)
Policy Guidance On Purchasing Computer Systems. Not later than
90 days after the date of the enactment of this chapter, the Director
of the Office of Management and Budget shall issue policy guidance
requiring each Department when purchasing computer systems, to purchase
computer systems that enable and support remote work, unless the head
of the agency determines that there is a mission-specific reason not
to do so.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) Designation. The Head of each Tribal Department shall be designated
as the Remote Work Manager for that department. The Remote Work Manager
shall have the following functions:
(b) Duties. The Remote Work Manager shall:
(1)
Develop internal department procedure and implementation related
to agency remote work standards and policies of that Department's
unique requirements; and
(2)
Serve as:
(A)
An advisor for to the GTB Human Resources Department; and
(B)
A resource for managers and employees; and
(C)
A primary department point of contact for the GTB Human Resources
Department on remote work matters.
(3)
Perform other duties as the Tribal Council may delegate by specific
motion in relation to remote work standards and duties of that specific
department.
(c) Status Within Department. The Remote Work Managing Officer of a Tribal
Department shall be a senior official of the Department who has direct
access to the Tribal Managers Office.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) Reports By The Office Of GTB Human Resources Department.
(1)
Submission Of Reports. Not later than six months after the date
of enactment of this chapter and on an annual basis thereafter, the
Manager of the Human Resources Office in consultation with the Tribal
Manager's office shall:
(A)
Submit a report addressing the remote work programs of each
Department to the Tribal Council for administrative and policy review
by the Council to amend or enact further ordinance based on the report.
(2)
Contents. The report submitted under this subsection shall include:
(A)
The degree of participation by employees of each Department
in remote work during the period covered by the report (and for each
department whose head is referred to under § 905), the degree
of participation of each department including:
(i)
The total number of employees in the department;
(ii) The number of employees in the department who
are eligible for remote work; and
(iii) The number and
percent of eligible employees in the department who are remote working;
(I) Three or more days per pay period;
(II) One or two days per pay period;
(IV) On an occasional, episodic, or short-term basis;
(B)
The method for gathering remote work data in each department;
(C)
If the total number of employees remote working is 10% higher
or lower than the previous month in any department and the reasons
for the positive or negative variation;
(D)
The department goal for increasing participation to the extent
practicable or necessary for the next reporting period, as indicated
by the percent of eligible employees remote working in each frequency
category described under § 906(2)(A)(iii);
(E)
An explanation of whether the department met the goals for the
last reporting period and, if not, what actions are being taken to
identify and eliminate barriers to maximizing remote work opportunities
for the next reporting period;
(F)
An assessment of the progress each department has made in meeting
agency participation rate goals during the reporting period, and other
agency goals relating to remote work, such as the impact of remote
work on:
(iii) Recruitment and retention;
(vi) Employee attitudes and opinions regarding remote
work; and
(vii) The best practices in department remote work
programs.
(b) Remote
work program report.
(1)
In General. Not later than 12 months after the date of enactment
of this Chapter and on an annual basis thereafter, the Tribal Manager
and Human Resources Manager shall submit a report addressing the remote
work program to the Tribal Council.
(2)
Contents.
(A)
Report To Tribal Council On Office Of Human Resources Personnel
Management Report. Not later than six months after the submission
of the first report to the Tribal Council required under this section,
the Tribal Manager shall review that report required and submit an
additional report to the Council on the progress each department has
made towards the goals established under the remote work chapter.
(B)
Review and Inclusion Of Relevant Information. The Tribal Manager
and Human Resources Manager of GTB shall review the reports and material
submitted by department heads related to remote work for their respective
departments; and
(i)
Include relevant information from the submitted reports in the
annual report to Council required under § 906(b)(2)(a);
and
(ii) Use that relevant information for other purposes
related to the strategic management of human capital; and
(iii) Prepare a set of recommendations from the Tribal
Managers Office on whether to modify, amend, or end any provision
of the remote work chapter.
[History: Tribal Resolution #23-41.3535, enacted by Tribal
Council in Special Session March 29, 2023.]
(a) Notwithstanding any other provision of this chapter, the GTB Office
and Management and Budget (GTB OMB) shall establish a review program
which addresses and determines what expenses and claims may be payable
through the proper disbursing official and any necessary travel expenses
in lieu of any payment otherwise authorized or required under this
chapter for employees participating in a remote work program. Under
an approved review program, the GTB OMB may provide an employee with
the option to waive any payment authorized or required under this
chapter.
(b) A department head shall include in any request to the GTB OMB for
approval of such a review program an analysis of the expected costs
and benefits and a set of criteria for evaluating the effectiveness
of the program.
(1)
Any review program conducted under this section shall be designed
to enhance cost savings or other efficiencies that accrue to the Tribal
Government.
(2)
Under any review program, if a department employee voluntarily
relocates from the pre-existing duty station of that employee, the
GTB OMB may authorize the employing department to establish a reasonable
maximum number of occasional visits to the preexisting duty station
before that employee is eligible for payment of any accrued travel
expenses by that department.
(c) The
department head who promotes a flexible duty station shall submit
a year-end report which includes:
(1)
The number of visits an employee makes to the preexisting duty
station of that employee;
(2)
The travel expenses paid by the department;
(3)
The travel expenses paid by the employee; or
(4)
Any other information the department manager determines useful
to aid the Tribal Manager, Remote Work Managing Officer, Human Resources
Department and GTB OMB and Council in understanding the department
program and the impact of the program.
(d) The test program under this subsection shall be designed to enhance
cost savings or other efficiencies that accrue to the Tribal Government.