Oneida Business Committee (2022)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

October 5, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. September 21, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Nation Assistance Fund Law (pg. 4)

2. Bay Pay Law Amendments (pg. 18)

3. Emergency Management Law Amendments (pg. 31)

4. Traffic Law (pg. 49)

IV.

New Submissions

1. Oneida Personnel Commission Bylaws Amendments (pg. 52)

2. Furlough Law Amendments (pg. 81)

Additions

VI.

Administrative Updates

1. E-Poll Results: Emergency Adoption of the Oneida Life Insurance Plan Law (pg. 95)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Microsoft Teams

September 21, 2022

9:00 a.m.

The September 21, 2022, Legislative Operating Committee meeting was held virtually on

Microsoft Teams.

Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster, Daniel Guzman

King

Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Lawrence Barton, Rhiannon

Metoxen, Kristal Hill, Peggy Van Gheem, Carl Artman, Kelly McAndrews, Eric Boulanger

Call to Order and Approval of the Agenda

David P. Jordan called the September 21, 2022, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Marie Cornelius. Motion

carried unanimously.

II.

Minutes to be Approved

1. September 7, 2022 LOC Meeting Minutes

Motion by Marie Cornelius to approve the September 7, 2022, LOC meeting minutes and

forward to the Oneida Business Committee for consideration; seconded by Jennifer

Webster. Motion carried unanimously.

III.

Current Business

1. Oneida Nation Assistance Fund Law

Motion by Jennifer Webster to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Marie

Cornelius. Motion carried unanimously.

IV.

New Submissions

1. Back Pay Law Amendments

Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

Additions

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of September 21, 2022

Page 1 of 2

ONEIDA

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VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Cornelius to adjourn at 9:06 a.m.; seconded by Jennifer Webster. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of September 21, 2022

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

October 5, 2022

Oneida Nation Assistance Fund Law

Submission Date: 6/1/22

LOC Sponsor: Jennifer Webster

Public Meeting: 9/2/22

Emergency Enacted: 6/8/22

Summary:

This item was added to the Active Files List on June 1, 2022. On May 25, 2022, the

Legislative Reference Office submitted a request for the development of an Oneida Nation Assistance Fund

law, the purpose of which is to establish the Oneida Nation Assistance Fund as an approved program of

the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law. On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-1421-D, Oneida Nation Assistance Fund, which created an approved program – the Oneida Nation

Assistance Fund – for the purpose of providing for the general welfare of the Nation and its members by

offering limited amounts of financial assistance to Tribal members requiring general welfare need

assistance, who could attest to such need. The Oneida Nation Assistance Fund, as adopted through

resolution BC-04-14-21-D, was specific to a disbursement for an application period of June 1, 2021, and

September 1, 2021. This Law was added to the Active Files List to codify the Oneida Nation Assistance

Fund. On June 8, 2022, the Oneida Business Committee adopted the Oneida Nation Assistance Fund law

on an emergency basis through resolution BC-06-08-22-A. The emergency adoption of this law will expire

on December 8, 2022.

5/12/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to discuss how

resolution BC-04-14-21-D, Oneida Nation Assistance Fund, would not work for this year’s

general welfare assistance payment to members and whether we should bring forward an

Oneida Nation Assistance Fund law through emergency adoption to address this year’s GWA

disbursement.

5/18/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Ralinda Ninham-Lamberies, Rae

Skenandore, Keith Doxtator, Jameson Wilson. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss the potential emergency

adoption of the Oneida Nation Assistance Fund law – as well as review and discuss a proposed

draft of this law.

6/1/22 LOC:

Motion by Jennifer Webster to add the Oneida Nation Assistance Fund Law to the Active

Files List with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried

unanimously.

Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund law emergency

adoption packet and forward to the Oneida Business Committee for consideration; seconded

by Kirby Metoxen. Motion carried unanimously.

6/8/22 OBC:

Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of

the Oneida Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried.

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7/1/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Grace Elliot, Ralinda Ninham-Lamberies, Keith Doxtator,

Jameson Wilson, Barbara Webster. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to discuss the communication of the Oneida Nation

Assistance Fund and the Elder Assistance Program, specifically how it relates to per capita,

and to discuss the application submission period and disbursement timeframe resolutions.

7/6/22 LOC:

Motion by Marie Summers to approve the resolution, Oneida Nation Assistance Fund

Application Submission Period and Disbursement Timeframe for 2022, with noted change and

corresponding statement of effect and forward to the Oneida Business Committee for

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

7/13/22 OBC: Motion by David P. Jordan to adopt resolution entitled 07-13-22-C Oneida Nation Assistance

Fund Application Submission Period and Disbursement Timeframe for 2022, seconded by

Jennifer Webster. Motion carried.

7/20/22 LOC: Motion by Daniel Guzman King to approve the draft and legislative analysis for the Oneida

Nation Assistance Fund law; seconded by Kirby Metoxen. Motion carried unanimously.

7/28/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss the public meeting notice and the GWA payment pictorial.

8/3/22 LOC:

Motion by Marie Summers to approve the public meeting packet, with updated public meeting

notice, and forward the Oneida Nation Assistance Fund law to a public meeting to be held on

September 2, 2022; seconded by Kirby Metoxen. Motion carried unanimously.

9/2/22:

Public Meeting Held. Present: David P. Jordan, Marie Summers, Clorissa N. Santiago, Justin

Nishimoto, Jameson Wilson, Lawrence Barton, Carolyn Salutz, Kristal Hill, Grace Elliott,

Rhiannon Metoxen, Kaylynn Gresham, Carl Artman, Michelle Myers. The public meeting for

the Oneida Nation Assistance Fund law was held on Microsoft Teams. No individuals

provided public comment during the public meeting.

9/12/22:

Public Comment Period Closed. One (1) submission of written comments was received

during the public comment period.

9/21/22 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Marie

Cornelius. Motion carried unanimously.

9/21/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to review and consider the public comments received.

Next Steps:

 Approve the updated public comment review memorandum, draft, updated legislative

analysis, and fiscal impact statement request memorandum, and forward to the Finance

Department directing that a fiscal impact statement be submitted to the Legislative Operating

Committee by October 19, 2022.

A good mind. A good heart. A strong fire.

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ONEIDA

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney

October 5, 2022

Oneida Nation Assistance Fund Law: Public Comment Review with LOC

Consideration

On September 2, 2022, a public meeting was held regarding the proposed Oneida Nation

Assistance Fund law (“the Law”). The public comment period was then held open until September

12, 2022. The Legislative Operating Committee reviewed and considered the public comments

received on September 21, 2022. This memorandum is submitted as a review of the written

comments received during the public comment period.

Comment 1 – Government Administrative Office:

Lisa Liggins (written): Please see the comments below regarding the Legislative Analysis

associated with the Oneida Nation Assistance Fund law:

Lines 14, 36, 38-39 – “…Government Administration Office…” Correct to: “…Government

Administrative Office…”

Thank you.

Lisa Liggins

Secretary

Oneida Business Committee

Response

The commenter requests that the legislative analysis be revised to provide the correct name of the

Government Administrative Office. The legislative analysis will be updated to reflect this change.

LOC Consideration

The Legislative Operating Committee agrees that the legislative analysis needs to be updated to

reflect the proper name of the Government Administrative Office.

Page 1 of 1

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Title 10. General Welfare Exclusion - Chapter 1003

ONEIDA NATION ASSISTANCE FUND

1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Establishment

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1003.5. Guidelines and Requirements

1003.6. Funding

1003.1. Purpose and Policy

1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law.

1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its

members. The interests of the Nation are advanced when its members remain confident that their

general welfare needs can be met.

1003.2. Adoption, Amendment, Repeal

1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1003.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1003.3. Definitions

1003.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

approved program requirements.

10 O.C. 1003 – Page 1

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1003.4. Establishment

1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an

approved program of the Nation in accordance with the Oneida General Welfare law. The purpose

of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation

to address the general welfare needs of members.

1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund meets the

requirements of the General Test as defined in the Oneida General Welfare law; General Criteria

as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General

Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida

Nation Assistance Fund is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1003.5. Guidelines and Requirements

1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who

meets the following criteria:

(a) is a member of the Nation;

(b) is age eighteen (18) or older; and

1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the

adoption of a resolution an application submission period and disbursement timeframe for a

distribution of assistance from the Oneida Nation Assistance Fund.

1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation

Assistance Fund shall submit an application.

(a) The Trust Enrollment Department shall make available an Oneida Nation Assistance

Fund application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

10 O.C. 1003 – Page 2

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declaration.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Oneida Nation Assistance Fund,

either through direct deposit or check.

(b) Applicants shall complete and return the Oneida Nation Assistance Fund application

form to the Trust Enrollment Department by the deadline set through resolution by the

Oneida Business Committee in order to be eligible for assistance from the Oneida Nation

Assistance Fund.

(1) The information provided in the Oneida Nation Assistance Fund application

form may be provided to any department, division, or personnel that processes the

applications.

1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance

Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida

Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through

direct deposit, or check, depending on the selection made on the application by the recipient.

1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the

recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(1) transportation to and from school;

(2) tutors;

(3) supplies for use in school activities and extra-curricular activities;

(4) providing tuition or room and board payments;

(5) providing for childcare for parents seeking employment or pursuing education;

(6) job counseling and interviewing expenses.

(d) costs associated with food security;

(e) costs associated with home care assistance;

(f) costs associated with vehicle payments, maintenance, repair, and insurance;

(g) costs associated with medical care and transportation, room, and board costs for

seeking medical care;

(h) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

10 O.C. 1003 – Page 3

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(i) costs related to any other emergency circumstance.

1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying

recipients.

1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts

for the expenditure of the funds associated with the Oneida Nation Assistance Fund.

1003.6. Funding

1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the

Nation’s annual budget, and by any other funding source deemed necessary by the Oneida

Business Committee.

1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the

amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund

per any permitted distribution.

End.

Emergency Adopted – BC-06-08-22-A

Adopted – BC-__-__-__-__

10 O.C. 1003 – Page 4

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Analysis to Draft 1

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ONEIDA NATION ASSISTANCE FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Law

Analysis by the Legislative Reference Office

 Establish the Oneida Nation Assistance Fund as an approved program of

the Nation in accordance with the Oneida General Welfare law. [10 O.C.

1003.4-1].



Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

Provide how this program qualifies for general welfare exclusion. [10

O.C. 1003.4-2].

Provide the eligibility requirements for accessing assistance from the

Oneida Nation Assistance Fund – which is that a person is a member of

the Nation; age eighteen (18) or older; and submits a completed

application during the designated submission timeframe. [10 O.C.

1003.5-1].

Provide the minimum requirements for the information that must be

included on the application. [10 O.C. 1003.5-3].

Provide how and when funds from the Oneida Nation Assistance Fund

are disbursed. [10 O.C. 1003.5-2, 1003.5-4].

Provide for the types of expenses that shall be considered qualifying

expenditures for use of assistance from Oneida Nation Assistance Fund

by the recipient. [10 O.C. 1003.5-5].

Provide information on the funding source and who determines that

amount of available funding to an eligible participant. [10 O.C. 1003.6-

1, 1003.6-2].

Provide that the Trust Enrollment Department is the department that has

the responsibilities to administer the Oneida Nation Assistance Fund. [10

O.C. 1003.5-6, 1003.5-7].

To establish the Oneida Nation Assistance Fund to govern how the Nation

provides financial assistance to its members, pursuant to the Oneida General

Welfare law. [10 O.C. 1003.1-1].

Oneida Business Committee, Trust Enrollment Department

A public meeting was held on September 2, 2022. The public comment

period was then held open until September 12, 2022.

A fiscal impact statement has not yet been requested.

The Oneida Nation Assistance Fund law was adopted on an emergency basis

on June 8, 2022, through resolution BC-06-08-22-A. The emergency

adoption of the Oneida Nation Assistance Fund law will expire on December

8, 2022.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Nation Assistance Fund law (‘the Law”) was adopted by the Nation on an

emergency basis on June 8, 2022, through resolution BC-06-08-22-A for the purpose of establishing

the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its

Page 1 of 5

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Analysis to Draft 1

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members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The emergency adoption

of the Law will expire on December 8, 2022.

B. The adoption of the Law on a permanent basis is now being sought by the Legislative Operating

Committee.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

 Oneida Law Office;

 Government Administrative Office;

 Finance Administration;

 Trust Enrollments Department; and

 Intergovernmental Affairs and Communications.

SECTION 4. PROCESS

A. The development of this Law has followed the process set forth in the Legislative Procedures Act

(LPA).

 On June 1, 2022, the Legislative Operating Committee added the Law to is Active Files List.

 On June 1, 2022, the Legislative Operating Committee approved the Oneida Nation Assistance

Fund law emergency adoption packet and forward to the Oneida Business Committee for

consideration.

 On June 8, 2022, the Oneida Business Committee adopted the Law on an emergency basis

through the adoption of resolution BC-06-08-22-A entitled, Emergency Adoption of the Oneida

Nation Assistance Fund Law. The emergency adoption of the Law will expire on December 8,

2022.

 On July 20, 2022, the Legislative Operating Committee approved the draft and legislative

analysis for the Oneida Nation Assistance Fund law.

 On August 3, 2022, the Legislative Operating Committee approved the public meeting packet,

with updated public meeting notice, and forwarded the Oneida Nation Assistance Fund law to

a public meeting to be held on September 2, 2022.

 On September 2, 2022, the public meeting was held on Microsoft Teams. No one provided

comments during this public meeting.

 The public comment period was held open until September 12, 2022. One (1) submission of

written comments was received during the public comment period.

 On September 21, 2022, the Legislative Operating Committee accepted the public comments

and the public comment review memorandum and deferred these items to a work meeting for

further consideration.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 May 12, 2022: LOC work meeting.

 May 18, 2022: LOC work meeting with the Oneida Law Office, Finance Administration,

Budget Analyst, Trust Enrollment Department, and Government Administrative Office.

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

July 1, 2022: LOC work meeting with the Finance Administration, Trust Enrollment

Department, Intergovernmental Affairs and Communications, and Government Administrative

Office.

July 28, 2022: LOC work meeting.

September 21, 2022: LOC work meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to members, pursuant to the Oneida General

Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs

of its members. [10 O.C. 1003.1-2]. The interests of the Nation are advanced when its members remain

confident that their general welfare needs can be met. [10 O.C. 1003.1-2].

 Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide

assistance to Tribal members on a non-taxable basis through an approved program.

B. Establishment. This Law establishes the Oneida Nation Assistance Fund as an approved program of

the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida

Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General

Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements

of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1003.4-1].

C. Guidelines and Requirements. The Law provides guidelines and requirements for the Oneida Nation

Assistance Fund. The Oneida Nation Assistance Fund shall be open to any individuals who meet the

following criteria: is a member of the Nation; is age eighteen (18) or older; and submits a completed

application during the designated submission timeframe [10 O.C. 1003.5-1]. The Oneida Business

Committee shall set forth. through the adoption of a resolution. an application submission period and

disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10

O.C. 1003.5-2]. Any individual seeking assistance from the Oneida Nation Assistance Fund shall

submit an application. [10 O.C. 1003.5-3]. The Trust Enrollment Department shall make available an

Oneida Nation Assistance Fund application form and instructions. [10 O.C. 1003.5-3(a)]. The Law

provides the minimum information that is required to be provided on the application. [10 O.C. 1003.53(a)(1)(A)-(I)]. Assistance provided through the Oneida Nation Assistance Fund shall be disbursed in

accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C.

1003.5-4]. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or

check, depending on the selection made on the application by the recipient. [10 O.C. 1003.5-4].

D. Qualifying Expenditures. The Law provides that the following types of expenses shall be considered

qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient:

 costs relating to housing needs of principal residences such as:

 mortgage payments, rent payments, and down payments;

 enhancements for habitability of housing;

 basic housing repairs or rehabilitation;

 improvements to adapt housing for special health needs;

 costs for paying utility bills and charges, including, but not limited to, the following:

 water;

 electricity;

 gas;

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basic communication services such as:

 phone

 internet; and

 cable;

 costs associated with education, including, but not limited to the following:

 transportation to and from school;

 tutors;

 supplies for use in school activities and extra-curricular activities;

 providing tuition or room and board payments;

 providing for childcare for parents seeking employment or pursuing education;

 job counseling and interviewing expenses;

 costs associated with food security;

 costs associated with home care assistance;

 costs associated with vehicle payments, maintenance, repair, and insurance;

 costs associated with medical care and transportation, room, and board costs for seeking

medical care;

 funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

 costs related to any other emergency circumstance [10 O.C. 1003.5-5].

E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,

review, and permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying

recipients and shall be responsible for maintenance of records for the Oneida Nation Assistance Fund.

[10 O.C. 1003.5-6, 1003.5-7]. The recipient shall retain receipts for the expenditure of the funds

associated with the Oneida Nation Assistance Program. [10 O.C. 1003.5-7].

F. Funding. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and

by any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1003.61]. The Oneida Business Committee shall determine the amount of assistance available to an eligible

recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2].

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SECTION 6. EXISTING LEGISLATION

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

A. Related Legislation. The following laws of the Nation are related to this Law:

 Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation

provides assistance to eligible members on a non-taxable basis, pursuant to the principles of

the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits

to Tribal members. [10 O.C. 1001.1-1].

 The Oneida Nation Assistance Fund is hereby established as an approved program of

the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1].

The Oneida Nation Assistance Fund meets the requirements of the General Test as

defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2].

SECTION 7. OTHER CONSIDERATIONS

A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six

(6) months after adoption on December 8, 2022. The emergency legislation may be renewed for an

additional six (6) month period.

Page 4 of 5

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Analysis to Draft 1

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of this Law on a permanent basis within the next six (6) to twelve (12) months.

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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared

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by any agency who may receive funding if the legislation is enacted, any agency who may administer

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a program if the legislation is enacted, any agency who may have financial information concerning the

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subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating

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Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled,

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Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further

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clarification on who the Legislative Operating Committee may direct complete a fiscal impact

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statement at various stages of the legislative process, as well as timeframes for completing the fiscal

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impact statement.

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 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

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statement be completed.

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Page 5 of 5

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Oneida Nation

ODDOOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Onelda-nsn,gov

TO:

FROM:

DATE:

RE:

r'..

Oneida Business Committee

Legislative Operating Committee ·

Keith Doxtator, Trust Enrollment Department Director

David P. Jordan, Legislative Operating Committee Chairman

October 5, 2022

Oneida Nation Assistance Fund Law Fiscal Impact Statement

The Legislative Operating Committee (LOC) is currently developing the Oneida Nation Assistance

Fund law. The Legislative Procedures Act requires that a fiscal impact statement be provided for

all proposed legislation of the Nation. [l 0. C. 109. 6-1 }. The fiscal impact statement is an estimate

of the total fiscal year financial effects associated with the proposed legislation, and should

include:

■

startup costs;

■

personnel;

■

office costs;

■

documentation costs; and

■

an estimate of the amount of time necessary for an individual or agency to comply with the

law afterimplementation. [1 0. C. 109.3-1 (c)].

The fiscal impact statement must be completed and submitted to the LOC prior to the proposed

legislation being forwarded to the Oneida Business Committee for consideration. [l 0. C. 109. 62]. The fiscal impact statement provides the Oneida Business Committee information on what the

potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business

Committee can determine if adoption of the proposed legislation is in the best interest of the

Nation.

The Legislative Procedures Act grants the LOC the authority to direct any agency who may

administer a program if the legislation is enacted or may have financial information concerning

the subject matter of the legislation to submit a fiscal impact statement. [l O.C. 109.6-1].

Oneida Business Committee resolution BC-10-28-20-A titled, "Further Interpretation of 'Fiscal

Impact Statement' in the Legislative Procedures Act" provides further clarification on the process

for directing a fiscal impact statement be completed. This resolution provides that upon final

approval of draft legislation by the LOC, the LOC may direct an entity to provide a neutral and

unbiased fiscal impact statement to the LOC within ten (10) business days for inclusion in adoption

materials.

On October 5, 2022, the Legislative Operating Committee approved the final draft of the proposed

Oneida Nation Assistance Fund law. Therefore, the LOC is directing the Trust Enrollment

Department to provide a fiscal impact statement on the proposed Oneida Nation Assistance Fund

law by October 19, 2022.

A copy of the proposed Oneida Nation Assistance Fund law, as well as the legislative analysis,

have been attached to this memorandum for your convenience.

Page 1 of 2

A good mind. A good heart. A strong fire.

17 of 116

Requested Action

Provide the LOC a fiscal impact statement of the proposed Oneida Nation Assistance Fund law by

October 19, 2022.

A good mind. A good heart. A strong fire.

Page 2 of 2

ONEIDA

18 of 116

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

October 5, 2022

Back Pay Law

Amendments

Submission Date: 9/21/22

LOC Sponsor: Marie Cornelius

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On August 14, 2022, during executive session, the Oneida Business Committee requested

that the Legislative Operating Committee add the Back Pay law to the Active Files List, and to release the

confidential memo to the Legislative Reference Office as a confidential document.

9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the

Backpay Policy to the active files agenda and to release the confidential memo to the

Legislative Reference Office as a confidential document, seconded by David P. Jordan.

Motion carried.

9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

9/29/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Cornelius, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss the proposed draft of amendments to the Back Pay law.

Next Steps:

 Approve the draft of the proposed amendments to the Back Pay law and direct that a

legislative analysis be completed.

Page 1 of 1

A good mind. A good heart. A strong fire.

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Title 2. Employment – Chapter 206

BACK PAY

Tashakotik@lyahke> kayanl^hsla>

back pay law

BACK PAY AND REINSTATEMENT

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Back Pay Calculation

206.5. Back Pay Process

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Reinstatement

206.5. Back Pay Calculation

206.6. Back Pay Process

206.1. Purpose and Policy

206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a

wrongfully terminated employee and the calculation of back pay for all employees of the Nation

in accordance with the Nation’s law.

206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the

management of employee reinstatement and back pay.

206.2. Adoption, Amendment, Appeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

206.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

206.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and

Bylaws of the Oneida Nation.

(a)(b) “Advocate” means a non-attorney person as provided by law and other person who

is admitted to practice law and is presented to the court as the representative or advisor to

a party.

(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to

compensate the employee as determined by the formulas set forth within this law.

(c)(d) “Consequential damages” means damages that are not a direct and immediately

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result of an act, but a consequence of the initial act, including but not limited to penalties

on early withdrawal of retirement account.

(d) “Consultant” means a professional who is contracted externally whose expertise is

provided on a temporary basis for a fee.

(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit

increases, bonuses and incentives, employment benefits and income received during the

back pay period.

(f) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to;, an individual employed by any program or enterprise of the Nation, but

does not include elected or appointed officials, or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not limited

to, investigative leave, suspension or termination.

(h) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V

of the Constitution and Bylaws of the Oneida Nation.

(i) “Nation” means the Oneida Nation.

(j) “Punitive damages” means monetary compensation awarded to an injured party that

goes beyond that which is necessary to compensate the individual for losses and that is

intended to punish the other party.

(k) “Reviewing party” means the area manager or the Trial Court.

(l) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to

administer the judicial authorities and responsibilities of the Nation by Oneida General

Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the

Constitution and Bylaws of the Oneida Nation.

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's

appeal of a termination result in the termination being overturned, the reviewing party shall order

the employee be reinstated to the position from which the employee was wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the position

the employee was terminated from based on amendments to the position description, the

reviewing party shall order reinstatement to a position within the same division of the

organization the employee was terminated from that is comparable in wage to the position

the employee was terminated, to the extent it is available at the time of the reviewing party's

decision.

(b) Any order requiring the employee to be reinstated to a position comparable to the

position the employee was terminated from shall note the requirement that the Human

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Resources Department shall make the determination that the employee is eligible for a

comparable position.

the employee was terminated from that are comparable in wage to the position the

employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be

the date of the reviewing party's decision.

206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated

and thereafter appeals said termination, the disciplining supervisor may only fill the employee's

former position with an interim employee until the appeal has fully run its course, which includes

any appeal timelines to the area manager, the Trial Court, or the Appellate Court.

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an

employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit

may amend the affected position description or eliminate the affected position while an

employment appeal is pending where such actions are required to meet the Nation's business and

employment needs. The determination to amend an affected position description or eliminate an

affected position shall be approved by the General Manager and the Human Resources Department

Executive Director.

206.5. Back Pay Calculation

206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall

be made using the employee's last wage in the position which they were terminated from. Back

pay, in all circumstances, shall be limited to the calculation set forth in this Section as they relate

to the employee. section. Back pay shall include and be subject to the following as it is related to

the employee:

(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for

vacation/ and personal time which would have accrued during the back pay period.

(1) Reinstated employees shall be credited for vacation/ and personal time. If the

crediting of vacation/ and personal time would result in the employee exceeding

the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount

over that cap shall be provided as a cash payout. Non-reinstated employees shall

be paid out vacation/ and personal time in lieu of crediting personal/ and vacation

time.

(b) Shift Differential. Shift differential shall be included in the back pay amount to the

extent it is a part of the employee’s regularly scheduled hours.

shall be included in the total back pay amount at the same tip rate that other employees in

the same position and on the same shift received on the same dates.

(1) If the employee received individual tips at the time of involuntary separation,

the employee shall be ineligible for tips during the back pay period.

(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the

employee would have received such pay if the employee had not been involuntarily

separated.

(e) Merit Increases. The hourly rate used to calculate back pay shall be increased

according to the merit increase system/ or standard used by the employee’s supervisor

during the back pay period and willshall include any increases from Oneida Business

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Committee or General Tribal Council directives.

(1) The effective date of the employee’s merit increase shall be the same as the

effective date for other employees in the same department. Retroactive increases

shall be calculated back to the retroactive date used for other employees in the same

department.

(2) The most recent performance review issued to the employee prior to being

involuntarily separated shall be used to determine the level of merit increase.

However, if the employee appealed the performance review to the Human Resource

Department Manager prior to involuntary separation, a method under the Nation’s

laws, rules and policies shall be used to determine the merit increase.

(f) Bonuses and Incentives. All bonus and incentive payments for which the employee

would have been eligible during the back pay period shall be included in the total back pay

amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.

winter gift) or other non-monetary benefits, such as clothing allowance.

(g) Employment Benefits. Employee benefits shall be subject to the provisions in this

section.

(1) Insurance Benefits. Coverage by the Nation for health insurance, dental

insurance, vision insurance, life insurance, long-term disability and short-term

disability coverage shall continue during an involuntary separation, except in the

event of a termination where the coverage willshall discontinue. The Nation shall

deduct the employee’s share of premiums paid from any back pay award.

(A) If the employee’s circumstances have changed during the back pay period

and such circumstances affect the employee’s insurance needs, the employee

shall notify the Nation of such changes at the time of reinstatement.

(B) An employee who is reinstated shall sign a waiver from Purchased

Referred Care authorizing a review of the back pay period to determine if

Purchased Referred Care services were rendered. If Purchased Referred Care

determines services were rendered during the back pay period, an employee

shall timely submit insurance information to Purchased Referred Care in

order for Purchased Referred Care to retroactively bill the insurance provider

to recoup funds for those services rendered during the back pay period.

Referred Care, the employee willshall not be eligible to receive any back pay

award.

(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing

to the Nation’s flexible benefit plan at the time of termination, the status of the

employee’s flex benefit plan shall be subject to the provisions of the Internal

Revenue Code.

(3) Retirement Benefit Contributions. In the event the employee was participating

in the Nation’s retirement plan at the time of involuntary separation, the employee

shall be responsible for contacting the retirement plan administrator and

reactivating contributions.

(A) The employee may choose whether to have the employee’s contribution

to the retirement plan that would have been made during the back pay period

deducted from the total back pay amount and deposited into the employee’s

retirement account.

(B) If the employee was eligible for employer matching contributions at the

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time of involuntary separation and the employee chooses to make a

contribution through back pay, the Nation shall contribute the employer

match into the employee’s retirement account.

chooses not to make contributions through the back pay process, then the

Nation shall not make employer match contributions into the employee’s

retirement account.

(h) Income Received During the Back Pay Period.

(1) Unemployment Benefits. Depending upon the unemployment compensation

financing option elected by the Nation, either:

(A) Any unemployment compensation paid by the Nation to the State of

Wisconsin for an involuntarily separated employee shall be deducted from

the employee’s back pay award; or

(B) The employee is directly responsible for the reimbursement to the State

of Wisconsin. The Nation shall send a copy of the completed and signed

settlement agreement to the appropriate state department. The state then may

determine the amount, if any, of unemployment compensation benefits

received during the back pay period should be repaid.

(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be

deducted from the total back pay amount.

(A) The employee shall provide information to verify the amount of or lack

of earned income and sign an affidavit attesting to the amount of or lack of

earned income.

(B) If the employee worked an additional job prior to being involuntarily

separated and continued working in the same capacity, the income earned

from that employment shall not be deducted from the total back pay amount

to the extent that the income is consistent with pre-involuntary separation

earnings. Where the employee worked the additional job, the employee shall

provide information from the employer to verify the income earned before

and during the back pay period.

206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay

amount:

(a) Punitive damages;

(b) Consequential damages;

(d) Time when the employee would not have been eligible to work;. An employee is not

eligible to work in circumstances including, but not limited to, the following:

(1) When an employee is on layoff or furlough status at the time of termination;

(2) When a position is eliminated and/or inactive as part of the Nation’s response

to a financial force majeure event including, but not limited to, responses to war,

global health pandemics, and/or any substantial loss of revenue or funding; and

(3) When an employee would otherwise not be eligible to work in the position from

which they were terminated in accordance with the position description based on

applicable grant requirements (where positions are grant funded), applicable,

Oneida laws, including, but not limited to, the Vehicle Driver Certification and

Fleet Management law and/or a criminal conviction;

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(e) Monies normally paid for additional duties while working where an alternate employee

assumed that function while the employee was involuntarily separated, unless the

additional duties are a part of such involuntarily separated employee’s regular schedule.

206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is

involuntarily separated and ends on the day the employee is reinstated.

(a) If the employee is reinstated but refuses to return to work, the back pay period ends on

the date reinstatement would have taken effect, but was refused by the employee.

(b) Back pay shall be calculated by taking the employee’s average hours worked during

the fifty-two (52) week period immediately preceding the date of the involuntary separation

and divide that amount by the number of weeks worked.

(1) If the employment prior to the involuntary separation was less than fifty-two

(52) weeks, the back pay shall be calculated by taking the employee’s average hours

worked and divide that amount by the number of weeks worked.

(2) If the involuntary separation period involves a fractional week, the indemnity

shall be paid for each day of a fractional week at the rate of the average number

of hours worked per day immediately prior to the involuntary separation. For the

purposes of this section, immediately prior means the twelve (12) full work weeks

immediately preceding the involuntary separation. Provided that, under extenuating

circumstances related to business needs of the Nation wherein the Oneida Law

Office determines that considering hours worked per day immediately prior would

be unfair, an alternative reasonable timeframe may be used.

206.56. Back Pay Process

206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose

of implementing this law.

206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in

providing information needed to assemble and prepare the back pay agreement.

206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)

calendar days, starting the day after the party to the grievance action provides to the Oneida Law

Office a judgment ordering back pay or the results of an investigation or test showing the employee

is cleared of any wrongdoing.

206.56-4. An employee not receiving back pay in accordance with the back pay agreement may

seek enforcement by the Judiciary.

End.

Adopted - BC-5-24-06-PP

Amended - BC-06-23-10-F

Amended - BC-08-13-14-C

Amended - BC-10-26-16-A

Amended – BC-__-__-__-__

2 O.C.206 – Page 6

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Title 2. Employment – Chapter 206

Tashakotik@lyahke> kayanl^hsla>

back pay law

BACK PAY AND REINSTATEMENT

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Reinstatement

206.5. Back Pay Calculation

206.6. Back Pay Process

206.1. Purpose and Policy

206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a

wrongfully terminated employee and the calculation of back pay for all employees of the Nation

in accordance with the Nation’s law.

206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the

management of employee reinstatement and back pay.

206.2. Adoption, Amendment, Appeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

206.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

206.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and

Bylaws of the Oneida Nation.

(b) “Advocate” means a non-attorney person as provided by law and other person who is

admitted to practice law and is presented to the court as the representative or advisor to a

party.

compensate the employee as determined by the formulas set forth within this law.

(d) “Consequential damages” means damages that are not a direct and immediately result

of an act, but a consequence of the initial act, including but not limited to penalties on early

withdrawal of retirement account.

(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit

2 O.C.206 – Page 1

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increases, bonuses and incentives, employment benefits and income received during the

back pay period.

(f) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to, an individual employed by any program or enterprise of the Nation but

does not include elected or appointed officials, or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not limited

to investigative leave, suspension or termination.