PHS.1.4.020 Administrative Leave: Public Safety Employees

(a) General. Administrative leave is an action commenced by the Chief of a public safety agency affecting the status of a public safety employee. A public safety employee is temporarily relieved of all public safety powers while on administrative leave. The public safety employee continues to receive salary and is responsible to report to the Chief of the public safety agency or perform other duties as assigned. Administrative leave does not denote wrong-doing on the part of the public safety employee

(b) Applicability. Administrative leave may only be ordered in the following circumstances:

(1) The public safety employee poses a threat to themselves or others.

(2) The public safety employee is alleged to have committed a violation(s) which calls for termination of his or her employment as a public safety employee.

(3) The public safety employee is alleged to have committed a violation(s) that is under investigation and that would cause a loss of public trust in the public safety agency of the Tribe.

(4) The public safety employee is under investigation for alcohol or drug abuse.

(5) The public safety employee is under investigation for insubordination, untruthfulness, or commission of a crime.

(6) The public safety employee demonstrates behavior indicating the public safety employee is unfit for duty.

(1) In cases where the public safety employee is under formal investigation, the public safety employee will remain on administrative leave until the investigation is completed.

(A) If the investigation results in allegations being sustained, the public safety employee will remain on administrative leave pending issuance of discipline.

(B) If the investigation results in a finding that the charges were unfounded or not sustained, the public safety employee shall be immediately returned to active duty status.

(2) In cases where the law enforcement officer is placed on administrative leave for other matters not involving formal investigation, the law enforcement officer shall be returned to active duty status upon order of the Chief of the public safety agency. The period of administrative leave in incidents not involving investigation shall not exceed thirty working days.