MCC.1.2.010 General Definitions [Suspended]

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Compensatory time" and "compensatory time off" means paid time off, which is not counted as hours worked during the applicable workweek, or other work period for purposes of overtime compensation, and for which the Elected Official is provided compensatory time.

(b) "Confidential Information" means any and all information disclosed to the Elected Official by the Tribe including, but not be limited to, electronic files, email, CDs, copyright, service mark and trademark registrations and applications, patents and patent applications, licenses, agreements, unique and special methods, techniques, procedures, processes, routines, formulas, data, know-how, trade secrets, innovations, inventions, discoveries, improvements, research and development and test results, research papers, specifications, software, quality controls, formats, plans, sketches, drawings, models, customer lists, customer and supplier identities, all financial information and projections, budgets, business plans and objectives, concepts, ideas, and all other documentation and information, including, without limitation, any information divulged in verbal conversations disclosed from the Tribe to the Elected Official. Confidential Information also includes personnel, financial and legal information of the Tribe, its programs, operations, enterprises and employees, including but not limited to information encompassed in any reports, investigations, research or development work, mailing lists, bid lists, directories, listings, plans, specifications, proposals, marketing plans, financial projections, cost sheets, bid estimates, bid spreadsheets, vendor or subcontractor quotes, financial data and any and all concepts or ideas, materials or information related to the business, products, or services of the Tribe or its customers and vendors.

(c) "Extreme Circumstance" means an unscheduled or unplanned circumstance exceeding an ordinary, usual, or expected event.

(d) "Meetings" means the meetings of the Tribal Governing Board including regular, special, and emergency meetings.

(e) "Elected Official" means any person elected or appointed to serve on the Tribal Governing Board.

(f) "Fringe Benefit" means an extra benefit supplementing an Elected Official's salary, such as: health insurance, Worker's compensation, 401(k) benefits, short-term and long-term disability.

(g) "Good Faith" means that there is an objective basis for the allegation and does not require definitive proof.

(h) "Immediate Family Member" means Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Grandparent, Grandchild, Niece, Nephew, Aunt and Uncle (including great-grandparents, in-laws, and step-relationship etc.). Immediate family member may also include a partner who has been in a relationship for a period of time or in relationship under Ojibwe tradition and practices.

(i) "LCOCHC" means the Community Health Center of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(j) "Positive Test Result" means the results from a test that establish a Blood Alcohol Concentration of 0.02 grams of alcohol per 100 milliliters of a person's blood or while the person has 0.02 grams of alcohol per 210 liters of a person's breath; or are results that confirm the presence of illegal substance; or are results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage

(k) "Serious Health Condition" means a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This ordinance covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which, if left untreated, would result in a period of incapacity of more than three (3) days would be considered a serious health condition.

(l) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(m) "Tribal Court" means the Court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(n) "Tribal Entity" shall mean a corporation or other organization which is wholly owned by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is operated for governmental or commercial purposes.

(o) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(p) "Under the Influence of Alcohol, Illegal Drugs or Controlled Substances" means a Blood Alcohol Concentration that indicates a positive test result as established in Section MCC.1.6.250(a); or results that confirm the presence of illegal substance; or results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage.

(q) "Valid Prescription" means a prescription that is current and issued for a medical purpose in the usual course of professional practice by a practitioner or a covering practitioner who has conducted at least 1 in-person medical evaluation of the patient.