Tribal Administrative and Management Training Series
KIVA provides the following courses centered around administrative requirements that tribes and tribal organizations should adopt and incorporate into their everyday operations, including but not limited to:
Records Management Principles
Fair Labor Standards: Compliance for Tribes
Federal Travel Regulations – Temporary Duty Travel
Tribal Employment Law
MSOffice for Professionals
Administrative Professionals Conference
$750 Records Management Principles (2 Days)
A record is defined variously as: information created, received, and maintained as evidence and information by an organization or person, in pursuance of legal obligations or in the transaction of business. Records management is the management of information in an organization throughout its life cycle from the time of creation or inscription to its eventual disposition. This includes identifying, classifying, storing, securing, retrieving, tracking and destroying or permanently preserving records. An organization's records preserve aspects of institutional memory. In determining how long to retain records, their capacity for re-use is important. While there are many purposes of and benefits to records management, a key feature of records is their ability to serve as evidence of an event. Proper records management can help preserve this feature of records.
The new OMB Super Circular contains regulations that require proper management of records relating to federal awards. Pub. L. 93-638, Indian Self-Determination & Education Assistance Act requires that tribes retain and safeguard contract records, including private and confidential records. The May 2013 Executive Order on Making Open and Machine Readable the New Default for Government Information requires awardees to comply with the executive order. Tribal governments also have records management policies and procedures that govern the creation of records, storing and safekeeping of records, protection of records; and eventual disposition or retirement of records.
Who Should Attend?
Tribal council members, tribal administrators, tribal attorneys, program directors and managers, tribal personnel directors and staff, tribal finance and accounting staff, tribal grants and contracts staff, school boards, health boards, enterprise boards, tribal consultants, federal awarding officials and subordinates, and federal line officers.
What Will I Learn?
- Records retention requirements under federal awards (Indian Self-Determination Act and OMB Super Circular)
- Differences between records management requirements under the Indian Self-Determination Act and Discretionary Grant Programs (OMB Super Circular)
- Background and fundamentals of the Privacy Act of 1974
- Freedom of Information Act and case studies (BIA vs. Klamath Water Users Protective Association, May 2001)
- Federal Records Act of 1950 (background and its applicability to tribal governments)
- Classification of records (permanent and temporary records, sensitive records, confidential records, vital records, proprietary records, physical records, electronic records)
- Tribal land ownership records (tribal lands, individual allotments, tribal minerals inventory records, Office of Trust Records, American Indian Records Repository)
- Tribal probate records (land ownership and heirship)
- Records management policies and procedures requirements (best practices)
- Managing and maintaining physical and electronic records; storage of records; records custodians
- Records management best practices (defensible solutions; setting policies and procedures)
- Electronic management systems (commercial records management centers)
- Data collection requirements and retention of records
- Executing a retention policy on the disposal of records no longer required for operational reasons
- Current issues in records management
$750 Fair Labor Standards Act: Compliance for Tribes (2 Days)
The Fair Labor Standards Act (FLSA) establishes a minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA is enforced by the U.S. Office of Personnel Management for federal employees, and special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Indian tribes are often required by certain federal contracts and grant awards to comply with FLSA on such projects as construction projects. Some tribes have adopted select FLSA provisions to apply to employees who are typically not exempt from FLSA. Still, some state, local and tribal governments have established minimum salary levels that are considerably higher than previous minimum pay levels.
On May 18, 2016, President Obama announced the publication of the Department of Labor’s final rule that updated the overtime regulations, affecting “white collar” overtime exemptions. The new regulations were intended to provide for an increase in the salary threshold needed to qualify for overtime exemption from $455 per week ($23,600 per year) to $913 per week ($47,476 per year). Organizations that employ workers with salaries under $47,476 a year will be directly affected by the new regulations. Implementation of the regulations has been delayed. However, tribes need to consider the methods and solutions to address the impacts of the new regulations. Tribes must be aware and prepare to comply with the new requirements.
This course is designed specifically for tribal governments, tribal organizations and tribal enterprises. It is designed to provide participants with applied knowledge and understanding of FLSA provisions; and how they will affect employee regular pay, overtime pay and travel. By attending this course participants will have a working knowledge of FLSA rules and the tribes should consider if they are planning to adopt minimum wage levels.
Who Should Attend?
Tribal council members, tribal administrators, executive directors, tribal personnel directors and staff, tribal administrators, program directors, and managers; tribal finance and accounting staff; tribal boards of directors.
What Will I Learn?
- What is the Fair Labor Standards Act (FLSA)?
- What type of positions/jobs does the FLSA apply to?
- What positions are considered exempt from FLSA?
- Legal precedents affecting tribes and tribal enterprises
- What requirements must be met for a position to be considered exempt?
- Special rules that apply to states and local governments
- Tribal salary requirements for targeted positions
- What is regular pay, overtime pay, minimum wage, compensatory time, scheduled work week
- Overtime versus compensatory time
- Overtime Exemptions for “White Collar” Employees
- Court rulings versus department of labor position
- Steps for implementing changes (adopting tribal policies and procedures)
- Organization’s policies, procedures, practices
- Job classification, updating position description, organizational structures
$850 Travel Policies Federal Travel Regulations (3 Days)
Organizations, including Indian tribes and tribal organizations, for-profit and non-profit organizations, all operate using federal funds, must ensure their travel expenses will be accepted as allowable costs under their federal contracts and grants. Even organizations that receive private foundation funds must use care and reasonable means of spending grant funds on travel and related expenses. The new Office of Management & Budget (OMB) regulations, commonly referred to as the “Super Circular” require organizations that receive federal funds, to ensure their travel expenses comply with the new “Super Circular”.
The General Services Administration (GSA) developed and maintains Federal Travel Regulations (FTR) for federal agencies. Most organizations, including Indian tribes and tribal organizations, have adopted the FTR as their operating rules that will govern their travel and related expenses. But staying current with the FTR can be challenging for organizations. The FTR changes periodically to stay current with the changes in the national economy.
Organizations must have a good understanding of how to apply the travel rules. A good understanding and application of the FTR ensure organizations use their contract and grant funds wisely and in compliance with grant and contract rules. This 2-day seminar will equip attendees with the knowledge and tools necessary for applying the FTR; and how to avoid “Questioned Costs” and “Disallowed Costs” under their federal awards.
Who Should Attend?
Tribal administrators, executive directors, personnel officers and staff, program directors and managers, program secretaries, payroll clerks, tribal finance and accounting staff.
What Will I Learn?
- What is the FTR? How to use the FTR
- OMB Super Circular rules governing travel
- How FTR affects your organization (temporary duty travel allowances; a glossary of terms; applicability and general rules)
- Transportation expenses (per diem rates, miscellaneous expenses, allowable travel expenses)
- Maximum Per Diem Rates
- Allocation of M&IE Rates and Deductions
- Standard Data Elements for Travel
- Travel of employee with special needs; emergency travel
- Travel authorizations (blanket authorization, special authorizations)
- Unique Situations (using company credit card, travel advances, promotional discounts, collection of travel advances and credit card expenses)
- Arranging Travel (airlines, tribal vehicles, personally owned vehicles; paying travel expenses)
- Reimbursement Claim (failure to file travel vouchers)
- Case Studies on Travel Claims
$850 Tribal Employment Law (3 Days)
Employment and labor laws in Indian Country have become extremely complex because of the recent growth of Indian-owned gaming enterprises, other economic development enterprises, not to mention tribal governmental operations. Tribal enterprises have generated numerous employment opportunities for tribal members, non-members and non-Indian alike, creating difficulties when drawing the lines of tribal sovereignty and tribal sovereign immunity. Just where are the lines of sovereignty drawn between tribal sovereignty, state government, county government, and the federal government? Any discussion of jurisdiction over Indian tribes inevitably begins with tribal sovereignty. Historically, the U.S. Supreme Court considered tribes to be distinction nations occupying distinct territory over which the laws of the states have no force. Although today, the recognition of sovereignty is more limited, it is well recognized that Indian tribes are “unique aggregations possessing attributes of sovereignty over their members and their territory. The Commerce Clause of the U.S. Constitution grants Congress the exclusive power to “regulate commerce” with Indian tribes. Accordingly, the Supreme Court had determined that states have no authority to regulate conduct by the tribe unless specifically authorized by Congress. As you can see, employment law in Indian Country is very complex, especially in today’s environment where Indian tribes have entered the marketplace beyond their exterior boundaries.
Who Should Attend?
Tribal council members, tribal economic development boards, tribal gaming boards of directors, tribal attorneys, tribal department heads and managers, including tribal human resources staff, tribal finance and accounting staff, tribal grants and contracts staff; and appropriate federal line officers and awarding officials.
What Will I Learn?
- Tribal Sovereignty; and how tribal sovereignty applies to tribal employment laws
- Explicit federal exemptions from familiar laws (Title VII of Civil Rights Act of 1964, Title I of Americans with Disabilities Act, Workers Adjustment & Retraining and Notification Act)
- Federal Common Law
- Implied Waiver of Immunity
- Various Supreme Court decisions in Tuscarora as it relates to the National Labor Relations Act
- Application of the Office of Occupation Safety and Health Act (OHSA); Fair Labor Standards Act (FLSA; Family and Medical Leave Act (FMLA)
- What are the Rules of General Applicability?
- Employment Retirement Income Security Act (ERISA)
- Tribal Employment Preference Rules (Morton v. Mancari)
- BIA & IHS Employment Preference
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Employee Retirement Income Security Act
- Health Insurance Portability & Accountability Act (HIPAA)
- Federal Payroll Taxes
- Federal Insurance Contributions Act (FICA - Social Security & Medicare)
- Federal Unemployment Tax Act (FUTA)
- Independent Contractors
- Outsourcing (Subcontracting)
- Federal Contracts
- State and County Labor Laws in Indian Country
- Guidance on Developing Tribal Personnel Management Policies & Procedures
$750 MSOffice for Professionals (2 Days)
Ever have those days when you want to launch the laptop or tower unit out the nearest window? Often, the only things keeping you from destroying both the machine and the window are the vision of the payroll deduction from your paycheck, and the picture of your boss’ face when you try to explain yourself. Relax, help is on the way! This interactive workshop will provide tribal technical, clerical, and executive staff, as well as elected officials, with user-friendly instruction, techniques, and hands-on practice exercises that will help you make the most of the Microsoft applications that are today’s industry standards: Microsoft Word, Excel, PowerPoint and Access, Picture Manager and Publisher. This four-day course will teach you basic software application features and the correct language to describe it; “tips and tricks” for simplifying the use of each; essential keyboard shortcuts; how to produce unique, publication-ready documents; and what to do when the software is presenting repeated problems.
KIVA’s instructors have decades of experience utilizing Microsoft Office and a multitude of other software, and have helped individuals from age 5 through their senior years befriend their computers and make them companions that can expand personal and professional development opportunities, improve the ease of daily computing work efforts, and impress employers, friends, and professional colleagues.
Who Should Attend?
Anyone who is challenged in using computers and a variety of computer software that either comes pre-installed in your new computers, or software that your company buys. This includes tribal elected leaders, tribal administrative staff, clerks and typists, teachers, students, etc.
What Will I Learn?
- The fundamentals of the Windows-based programs: Microsoft Word, Excel, PowerPoint and Access, Picture Manager and Publisher
- Word processing utilizing Microsoft Word
- Spreadsheet, pie chart and bar graph creation utilizing Microsoft Excel
- Database development utilizing Microsoft Access
- How to develop informative and exciting PowerPoint presentations with embedded videos, audio, and graphics
- Photo editing utilizing Microsoft Picture Manager, so that you can embed photos in other Microsoft applications
- Brochure, flyer, and other professional document design utilizing Microsoft Publisher
At the End of the Course
You will have gained confidence and familiarity with the most widely-used Microsoft Office software applications and numerous templates for daily document creation. You will have received hands-on practice exercises that will improve your overall skill level with most of the Microsoft Office suite, and you will have the ability to craft dynamic, professional, publication-ready documents. You will leave with a comprehensive notebook and CD of additional practice exercises to continue honing your Microsoft Office expertise.
$850 Administrative Professionals Conferences (3 Days)
Under the motto of “Creating Success in the Native American Workplace”, KIVA sponsors and annual Administrative Professionals Conference to bring in Native professionals from throughout Indian Country to share experiences in the administrative professional fields. The conference is designed to bring in featured speakers to share their experiences and provide tips on dealing with everyday challenges, and to provide advice for developing career paths. Albuquerque, New Mexico.