Oneida Business Committee (2023)

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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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LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

February 1, 2023

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. January 18, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Back Pay Law Amendments (pg. 4)

2. Clean Air Policy Amendments (pg. 28)

IV.

New Submissions

1. Oneida Election Board Bylaws Amendments (pg. 35)

V.

Additions

VI.

Administrative Updates

1. Legislative Operating Committee FY23 First Quarter Report (pg. 57)

2. Title Revision: Trust Scholarship Fund Policy Amendments to Higher Education Scholarship

Law (pg. 69)

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

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

January 18, 2023

9:00 a.m.

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

King

Others Present: Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Brooke Doxtator, Keith

Doxtator, Eric Boulanger (Microsoft Teams), Matt Denny (Microsoft Teams), Michelle Tipple

(Microsoft Teams), Tina Jorgenson (Microsoft Teams), Todd VandenHeuvel (Microsoft Teams),

Kaylynn Gresham (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Whitney Wheelock

(Microsoft Teams), Debra Powless (Microsoft Teams), Mark Powless (Microsoft Teams),

Rhiannon Metoxen (Microsoft Teams)

I.

Call to Order and Approval of the Agenda

David P. Jordan called the January 18, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Cornelius to adopt the agenda with one correction [title on the coversheet

for the Petition: M. Cornelius – Chief Financial Officer Position]; seconded by Jennifer

Webster. Motion carried unanimously.

II.

Minutes to be Approved

1. January 4, 2023 LOC Meeting Minutes

Motion by Marie Cornelius to approve the January 4, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried

unanimously.

III.

Current Business

1. Emergency Management Law Amendments

Motion by Jennifer Webster to approve the draft, legislative analysis, and fiscal impact

statement review memorandum, and forward to the Finance Department directing that a

fiscal impact statement be prepared and submitted to the LOC by February 15, 2023;

seconded by Marie Cornelius. Motion carried unanimously.

2. Petition: M. Cornelius – Chief Financial Officer Position

Motion by Jennifer Webster to accept the memorandum and remove the Petition: M.

Cornelius – Chief Financial Officer Position from the Active Files List; seconded by Marie

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Cornelius. Motion carried unanimously.

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Legislative Operating Committee Meeting Minutes of January 18, 2023

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3. Petition: N. Barton – -$2,500 GWA Payment for Three Years

Motion by Marie Cornelius to accept the statement of effect for Petition: N. Barton - $2,500

GWA Payment for Three Years and forward to the Oneida Business Committee; seconded

by Jennifer Webster. Motion carried unanimously.

IV.

New Submissions

1. Clean Air Policy Amendments

Motion by Jennifer Webster to add the Clean Air Policy amendments to the Active Files

List with David P. Jordan as the sponsor; seconded by Marie Cornelius. Motion carried

unanimously.

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Cornelius to adjourn at 9:20 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of January 18, 2023

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

February 1, 2023

Back Pay Law

Amendments

Submission Date: 9/21/22

LOC Sponsor: Marie Cornelius

Public Meeting: 12/13/22

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.

10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back Pay

law and direct that a legislative analysis be completed; seconded by Daniel Guzman King.

Motion carried unanimously.

10/13/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Marie Cornelius, Clorissa N.

Leeman, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to review and discuss an additional proposed

amendments to the law.

10/19/22 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded

by Marie Cornelius. Motion carried unanimously.

11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Back Pay

law amendments to a public meeting to be held on December 13, 2022; seconded by Marie

Cornelius. Motion carried unanimously.

12/13/22:

Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke

Doxtator, David P. Jordan (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy

Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Rachel Fitzpatrick

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(Microsoft Teams), Tina Jorgensen (Microsoft Teams), Melanie Burkhart (Microsoft Teams),

Grace Elliot (Microsoft Teams), Brenda Haen (Microsoft Teams), Debra Santiago (Microsoft

Teams), Kristal Hill (Microsoft Teams), Matt Denny (Microsoft Teams), Ronald Vanschyndel

(Microsoft Teams), Wendy Alvarez (Microsoft Teams), Stefanie Reinke (Microsoft Teams),

Jay Kennard (Microsoft Teams), Sidney White (Microsoft Teams). The public meeting for the

Back Pay law amendments was held in person in the Norbert Hill Center and on Microsoft

Teams. No individuals provided public comment during the public meeting.

12/20/22:

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

during the public comment period.

Next Steps:

 Accept the public comments and the public comment review memorandum and defer to a

work meeting for further consideration.

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Legislative Operating Committee (LOC)

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

February 1, 2023

Back Pay Law Amendments: Public Comment Review

On December 13, 2022, a public meeting was held regarding the proposed amendments to the

Back Pay law (“the Law”). The public comment period was then held open until December 20,

2022. This memorandum is submitted as a review of the comments received during the public

comment period. The public meeting draft, public meeting transcript, and written comments

received are attached to this memorandum for review.

Comment 1 – Definition of Division:

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 Resources Department shall make the determination that the employee is

eligible for a comparable position.

(c) If no comparable positions are available within the same division of the organization 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.

Todd Vanden Heuvel (written): In regards to the definition of Division, how will that be

determined or defined? Not every area is designated as a division with some areas being much

smaller at a department level. However, some additional comments:

 Non-Divisional areas: will that be considered one division or many separate

divisions/areas?

 In the General Manager’s area, there are a number of Divisions. Would there be

consideration to go beyond the established division? For example; if an employee is

reinstated and they’re from the Governmental Services Division, could be placed in a

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similar position in the Comprehensive Health Division? Using Division may be limiting in

that example.

Response

The commenter expresses concern regarding the use of the term “division” in section 206.4-1 of

the Law. Specifically, that the use of this term does not provide clarification on how non-divisional

areas will be handled, as well as concern that the use of this term may be limiting in finding

positions with comparable wages and responsibilities.

The intent of this provision of the Law is to provide that if an employee returns to work after their

termination was overturned and their original employment position has been eliminated or the

employee is no longer eligible for their original position, then the employee is reinstated to a

position that is comparable. The Law is clear that the reinstated position must be comparable in

wage to the original position. [2 O.C. 206.4-1(a)]. Requiring “reinstatement to a position within

the same division of the organization the employee was terminated from” as found in section 206.41(a) of the Law increases the probability that the position an employee is reinstated to is similar in

job responsibilities, topic areas, or trainings/background as the employee’s original position.

It is agreed that the current use of the term “division” needs clarification and may trigger

limitations that were not intended by this provision of the Law. Therefore, it is recommended that

the following revisions to the Law be made to provide greater clarification:

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 and

responsibilities and duties to the position the employee was terminated from, 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

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

comparable position.

(c) If no comparable positions are available within the same division of the organization the

employee was terminated from that are comparable in wage and responsibilities and duties 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.

LOC Consideration

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Comment 2 – Modification or Elimination of a Position:

206.4. Reinstatement

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 Human

Resources Executive Director and either the General Manager, Gaming General Manager,

Retail General Manager, or the highest position in the employee’s chain of command for

non-divisional employees.

Todd Vanden Heuvel (written): In regards to modifying or eliminating a position:

 It may need to be clarified what circumstances that could/would be allowable. As an

example; during the pandemic, there were a number of positions eliminated due to

budgets/restructures. Pandemics are a rare and unexpected occurrence and it wouldn’t be

expected to happen often.

 Budgets may be another reason for positions to be eliminated (i.e. grant funding

ends).

 Modifications/elimination of positions outside of unexpected occurrences/budget

considerations (i.e. grant funding ends), tend to lend to the perception that the changes were

done because of the employee who vacated the position. HRD would have to ensure and/or

caution that any modification/elimination of a position is not considered retaliatory in

nature. Where/when feasible, it may be suggested that any modifications to the job

description wait until the appeal process has concluded.

Response

The commenter provides that it may need to be clarified in what circumstances the modification

or elimination of a position would be allowable pending an employee's appeal of their termination.

The commenter then expresses the concern that the modification or elimination of a position

allowable pending an employee's appeal of their termination outside of unexpected occurrences or

budget considerations tend to lead to the perception that the modification or elimination is

occurring due to the employee who is appealing their termination and appears retaliatory in nature.

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The Law provides that 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. [2 O.C. 206.4-2]. A supervisor is allowed to amend the

affected position description or eliminate the affected position while an employment appeal is

pending in circumstances where such actions are required to meet the Nation's business and

employment needs. [2 O.C. 206.4-3]. In addition to the requirement that the modification or

elimination only occurs when such actions are required to meet the Nation's business and

employment needs, the determination to modify or eliminate an affected position is then required

to be approved by the Human Resources Executive Director and either the General Manager,

Gaming General Manager, Retail General Manager, or the highest position in the employee’s chain

of command for non-divisional employees. Id.

The Legislative Operating Committee may consider whether the provision “actions are required

to meet the Nation's business and employment needs” provides enough clarification as to when the

modification or elimination of a position is allowed when an employment appeal is pending, or if

this section should be further clarified. The Legislative Operating Committee may make one of

the following determinations:

1. Section 206.4-3 of the Law provides enough clarification as to when modification or

elimination of a position is allowed pending an employment appeal and should remain as

currently drafted.

2. Section 206.4-3 of the Law should be amended to provide greater clarification as to when

modification or elimination of a position is allowed pending an employment appeal. If the

Legislative Operating Committee makes it determination it is recommended that the

Legislative Operating Committee meet with the Human Resources Department to discuss

and determine specific circumstances in which the modification or elimination of a position

should be allowed pending an employment appeal.

LOC Consideration

Comment 3 – Comparable Wage:

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

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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 Resources Department shall make the determination that the employee is

eligible for a comparable position.

(c) If no comparable positions are available within the same division of the organization 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.

Todd VandenHeuvel (written): General Question/Comments: If a comparable position needs to

be considered, what is a comparable wage? This may need to be defined a bit more. Will it be up

to HRD/General Manager to conclude what constitutes a comparable wage?

Response

The commenter questions how “comparable wage” is defined and determined in the Law. The

Law provides that 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. [2 O.C. 206.4-1(a)]. 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 Resources Department shall make the determination that the

employee is eligible for a comparable position. [2 O.C. 206.4-1(b)].

Since there is no specific definition included in the Law for comparable wage, the term is used in

its ordinary and everyday sense. The Merriam-Webster dictionary defines “comparable” as

capable of or suitable for comparison; similar, like.

The Legislative Operating Committee may consider whether the use of the term “comparable

wage” needs further explanation or clarification. The Legislative Operating Committee may make

one of the following determinations:

1. The use of the term “comparable wage” in section 206.4-1 of the Law needs no further

clarification as it is used it its ordinary and everyday sense, and therefore the Law should

remain as currently drafted.

2. The use of the term “comparable wage” in section 206.4-1 of the Law should be amended

to provide greater clarification as to how “comparable wage” should be defined and

utilized. If the Legislative Operating Committee makes it determination it is recommended

that the Legislative Operating Committee meet with the Human Resources Department to

discuss and determine a specific definition for the term comparable wage.

LOC Consideration

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Comment 4 – Process for Reinstating a Terminated Employee to a Comparable Positions:

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 Resources Department shall make the determination that the employee is

eligible for a comparable position.

(c) If no comparable positions are available within the same division of the organization 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.

Todd VandenHeuvel (written): For comparable position, does that take precedence over other

processes that are already in place? For example; position is posted and interviews are scheduled.

Can the reinstated employee be put into that position or since the hiring process has already started,

they would not be eligible?

Response

The commenter questions the process for reinstating an employee 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.

Currently, the proposed amendments to the Law provides that 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, and that 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 Resources Department shall make the

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determination that the employee is eligible for a comparable position. [2 O.C. 206.4-1]. The Law

does not provide the exact process for how a comparable position is found, or how exactly the

reinstatement occurs or fits in with the current hiring and selection process. It can be presumed

that in the absence of the Law providing this process, the Human Resources Department could

develop a standard operating procedure to guide this process.

The Legislative Operating Committee may consider whether section 206.4-1 of the Law needs

further explanation or clarification on the process for reinstating a terminated employee to a

comparable position in wage to the position the employee was terminated from. The Legislative

Operating Committee may make one of the following determinations:

1. Additional clarification in section 206.4-1 of the Law needs no further clarification as to

the process for reinstating a terminated employee to a comparable position in wage to the

position the employee was terminated from, and therefore the Law should remain as

currently drafted.

2. Additional clarification in section 206.4-1 of the Law should is needed to address the

process for reinstating a terminated employee to a comparable position in wage to the

position the employee was terminated from. If the Legislative Operating Committee makes

it determination it is recommended that the Legislative Operating Committee meet with

the Human Resources Department to discuss and determine the process details that should

be included in this Law.

LOC Consideration

Comment 5 – Amending or Eliminating the Position Pending an Employee Appeal:

206.4. Reinstatement

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 Human

Resources Executive Director and either the General Manager, Gaming General Manager,

Retail General Manager, or the highest position in the employee’s chain of command for

non-divisional employees.

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Todd VandenHeuvel (written): 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 Human Resources Executive Director and either the

General Manager, Gaming General Manager, Retail General Manager, or the highest position in

the employee’s chain of command for non-divisional employees.

Under the language above, there seems to be contradictory language or clarification is needed. Is

206.4-2 intended to be for circumstances where the position will remain in place with no changed

expected and 206.4-3 applies if/when business needs change which in turn would potentially

eliminate or change the position the appellant would return to?

Response

The commenter questions when it is required to hold a position pending litigation, and when

amending or eliminating the position pending litigation is allowed.

Section 206.4-2 of the Law provides the requirement that 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. Section 206.4-3 of

the Law then goes on to provide that despite the requirement in section 206.4-2 of the Law to hold

the position pending an appeal, 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. To ensure that the

modification or elimination of a position is necessary in order to meet the Nation’s business and

employment needs, the determination to amend an affected position description or eliminate an

affected position is required to be approved by the Human Resources Executive Director and either

the General Manager, Gaming General Manager, Retail General Manager, or the highest position

in the employee’s chain of command for non-divisional employee. [2 O.C. 206.4-3].

In order to clarify these provisions, it is recommended that the following revision be made to the

Law:

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

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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

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

comparable position.

(c) If no comparable positions are available within the same division of the organization

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 concludedfully run its course, which

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

(a) Exception. If such action is required to meet the business and employment needs of

the Nation, a supervisor may modify or eliminate the affected position while an

employment appeal is pending.

(1) The determination to modify or eliminate an affected position shall be approved

by the Human Resources Executive Director and either the General Manager,

Gaming General Manager, Retail General Manager, or the highest position in the

employee’s chain of command for non-divisional employees.

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 Human Resources Executive Director and either the

General Manager, Gaming General Manager, Retail General Manager, or the highest position in

the employee’s chain of command for non-divisional employees.

206.4-3. Reinstatement to a Comparable Position. 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 modifications 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.

(a) 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

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

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

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comparable position.

(b) If no comparable positions are available within the same division of the organization

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.

LOC Consideration

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

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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

2 O.C.206 – Page 1

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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.

(c) If no comparable positions are available within the same division of the organization

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 Human Resources Executive Director and either the

General Manager, Gaming General Manager, Retail General Manager, or the highest position in

the employee’s chain of command for non-divisional employees.

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.

(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips

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

2 O.C.206 – Page 3

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

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.

(C) If the employee refuses to sign an authorization waiver from Purchased

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.

2 O.C.206 – Page 4

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

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.

(C) If the employee was not participating in the Nation’s retirement plan or

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;

(c) Attorney’s or advocate’s fees;

(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 or inactive as part of the Nation’s response to a

financial force majeure event including, but not limited to:

(A) responses to war;

(B) global health pandemics; and

(C) 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 from in accordance with the position description based

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on:

(A) applicable grant requirements when the position is grant funded;

(B) applicable laws of the Nation including, but not limited to, the Vehicle

Driver Certification and Fleet Management law; and

(C) a criminal conviction;

(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-05-24-06-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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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

"

ONEIDA

000000

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Back Pay Law Amendments and Emergency Management Law Amendments

Norbert Hill Center Executive Conference Room and Microsoft Teams

December 13, 2022 12:15 p.m.

Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke Doxtator, David P. Jordan

(Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Justin

Nishimoto (Microsoft Teams), Rachel Fitzpatrick (Microsoft Teams), Tina Jorgensen (Microsoft

Teams), Melanie Burkhart (Microsoft Teams), Grace Elliot (Microsoft Teams), Brenda Haen

(Microsoft Teams), Debra Santiago (Microsoft Teams), Kristal Hill (Microsoft Teams), Matt

Denny (Microsoft Teams), Ronald Vanschyndel (Microsoft Teams), Wendy Alvarez (Microsoft

Teams), Stefanie Reinke (Microsoft Teams), Jay Kennard (Microsoft Teams), Sidney White

(Microsoft Teams).

Kirby Metoxen: Good Afternoon. The time is 12:15 p.m. and today’s date is Tuesday, December

13, 2022. I will now call to order the public meeting for both the proposed amendments to the

Back Pay law and the proposed amendments to the Emergency Management law.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet at

the back of the room. If you leave an email address on the sign in sheet, we can ensure you receive

a copy of the public comment review memorandum. Individuals who wish to present oral

testimony on Microsoft Teams, please raise your hand and you will be called on. If you leave an

email address in the chat with your name, we can ensure you receive a copy of the public comment

review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail, or fax as provided

on the public meeting notice. These comments must be received by close of business on Tuesday,

December 20, 2022.

In attendance from the LOC is the attorneys Clorissa and Carolyn, and myself, and our recorder

Brooke.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes

per each topic. This time limit shall be applied equally to all persons.

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

LOC Public Meeting Transcript of December 13, 2022

Page 1 of 4

23 of 70

We will now begin today’s public meeting for the proposed amendments to the Back Pay law and

proposed amendments to the Emergency Management law.

The purpose of the Back Pay 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.

The purpose of the Emergency Management law is to provide for the development and execution

of plans for the protection of residents, property, and the environment in an emergency or disaster.

Those who wish to speak please come to the microphone raise your hand. Please state your name

and the law you will be commenting on. First up to speak is. . . Anybody out there raising their

hand? I see nobody. So, we will wait until I think it's fifteen (15) minutes and if no one shows up,

no one's here at this end as the public of interest.

They can hear us now. And we're still not seeing anybody registered with the hand raised to be

called on, and no one has attended the meeting in person. We do have a sign down at the hall

directing people to come into the BC conference room and also the front desk was notice that the

meeting has moved from the BC Conference room to the Executive room. That's what this room

is called, right, David? Executive room.

David P. Jordan: Correct.

Kirby Metoxen: I do see twelve (12) people on, registered on online in here. But nobody's raising

their hand. And it's 12:21 p.m. We said we would wait fifteen (15) minutes. So, at 12:30 p.m., if

no one shows up, no one raises their hand, we will call the meeting.

Question David, is this the first in person?

David P. Jordan: Nope, the second.

Kirby Metoxen: Second. Did we have anybody at the other one, do you know?

David P. Jordan: You'd have to ask Clorissa. I missed that when Daniel ran that one.

Kirby Metoxen: Clorissa, do you know?

Clorissa N. Leeman: [inaudible]

Kirby Metoxen: A couple. It seems to me I do remember we had maybe two (2) or three (3) at

the last one. I guess I I'm surprised that no one has showed because this is the first one on the Back

Pay law, it's it affects employees. You know, we got over two thousand (2000) employees in the

Tribe. So, you think they wanna, they would be interested in some of the laws that may affect

them in the future. But we will wait.

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

LOC Public Meeting Transcript of December 13, 2022

Page 2 of 4

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I'm just looking for things to talk about. I think there's a chili taco or chili fry bread sale at the

Parish Hall. Those that didn't get lunch today. Today is Buffalo chili and fry bread. Tomorrow is

Indian tacos. And then I think on Friday is Indian Taco fundraiser at the Ho Chunk Nation office.

We're still waiting. If anybody has anything they'd like to comment, we still have about six (6)

minutes left. If you would like to be called on, please raise your hand. I see someone joined us.

I just seen. I don't know how I did. Did somebody wakes their hand?

David P. Jordan: Wendy Alvarez did.

Kirby Metoxen: I see a hand button.

David P. Jordan: Wendy Alvarez, go ahead.

Wendy Alvarez: Hello I'm just wondering if it's possible to submit written comments on this after

the meeting. Is that appropriate?

Kirby Metoxen: Yes, the written comment period will end on Tuesday, December 20th, 2022.

Wendy Alvarez: Thank you.

Kirby Metoxen: Yeah. On my end, David, I see hands, but I don't see a name.

David P. Jordan: I’ll keep an eye open for it.

Kirby Metoxen: It's just kind of weird waiting for community members to attend the public

meetings. I know in the past, before the pandemic, I'm guessing we'd have anywhere from five (5)

to twelve (12), fifteen(15) people attend those meetings and at one time we were even serving

dinner or bring a dish to pass down in the cafeteria, and that was always successful.

And I know they did extend the written period comment during the pandemic. I think it was you

typically five (5) days after the in person community meetings and they extended it to ten (10)

days. And in this case, are we extending it the ten (10) days? Yeah. Okay.

And I have 12:28 p.m., two (2) more minutes and it's a public meeting for both the proposed

amendment to the back pay law and the proposed amendments to the Emergency Management

law. Umm, we will leave our written comments are open and must be received by the close of

business day on Tuesday, December 20th, 2022.

I still don't see any hands raised and no one has attended in person .The proposed, the purpose of

the back pay 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. And the purpose of the Emergency Management law is to provide for the

development and execution of plans for the protection of residents, property, and the environment

in an emergency or disaster.

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

LOC Public Meeting Transcript of December 13, 2022

Page 3 of 4

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Those who wish to speak please come to the microphone, raise your hand. Please state your name

and the law you will be commenting on.

And with that, we are winding down. I have one (1) minute left and still no hands raised and

nobody attended in person. We still have the three (3) staff and myself in the BC Executive

Conference room.

Okay, with there being no speakers the public meeting for the proposed amendments to the Back

Pay law and the proposed amendments to the Emergency Management law is now closed at 12:30

p.m. Written comments may be submitted until the close of business day on Tuesday, December

20th, 2022. Thank you. Thank you, that’s it, we are done. This meeting is adjourned.

-End of Meeting-

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

LOC Public Meeting Transcript of December 13, 2022

Page 4 of 4

~

ONEIDA

26 of 70

From:

To:

Subject:

Date:

Attachments:

Todd A. Vanden Heuvel

LOC

Back Pay comments

Tuesday, December 20, 2022 4:45:48 PM

image001.png

Back pay comments:

• In regards to the definition of Division, how will that be determined or defined? Not every

area is designated as a division with some areas being much smaller at a department level.

However, some additional comments:

0

Non-Divisional areas: will that be considered one division or many separate

divisions/areas?

0

In the General Manager’s area, there are a number of Divisions. Would there be

consideration to go beyond the established division? For example; if an employee is

reinstated and they’re from the Governmental Services Division, could be placed in a

similar position in the Comprehensive Health Division? Using Division may be limiting in

that example.

• In regards to modifying or eliminating a position:

0

It may need to be clarified what circumstances that could/would be allowable. As an

example; during the pandemic, there were a number of positions eliminated due to

budgets/restructures. Pandemics are a rare and unexpected occurrence and it wouldn’t

be expected to happen often.

■ Budgets may be another reason for positions to be eliminated (i.e. grant funding ends).

0

Modifications/elimination of positions outside of unexpected occurrences/budget

considerations (i.e. grant funding ends), tend to lend to the perception that the changes

were done because of the employee who vacated the position. HRD would have to

ensure and/or caution that any modification/elimination of a position is not considered

retaliatory in nature. Where/when feasible, it may be suggested that any modifications

to the job description wait until the appeal process has concluded.

• General Question/Comments:

0

If a comparable position needs to be considered, what is a comparable wage? This may

need to be defined a bit more. Will it be up to HRD/General Manager to conclude what

constitutes a comparable wage?

0

For comparable position, does that take precedence over other processes that are

already in place? For example; position is posted and interviews are scheduled. Can the

reinstated employee be put into that position or since the hiring process has already

started, they would not be eligible?

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

27 of 70

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 Human Resources

Executive Director and either the General Manager, Gaming General Manager, Retail General

Manager, or the highest position in the employee’s chain of command for non-divisional

employees.

Under the language above, there seems to be contradictory language or clarification is

needed. Is 206.4-2 intended to be for circumstances where the position will remain in place

with no changed expected and 206.4-3 applies if/when business needs change which in turn

would potentially eliminate or change the position the appellant would return to?

Yaw^ko (Thank you),

Todd VanDen Heuvel

Executive Human Resources Director

Skenandoah Complex

909 Packerland Drive

(920)496-7358

r'\

GIXXXXJ;

ONEIDA

A GOOD MIND. A GOOD HEART. A STRONG FIRE.

The information contained in this e-mail is confidential and privileged. If you are not the intended recipient, please be

advised that any use, copying, or dissemination of this information is prohibited. Please destroy this e-mail and immediately

notify us of the erroneous transmission.

28 of 70

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

February 1, 2023

Clean Air Policy

Amendments

Submission Date: 1/18/23

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On January 10, 2023, the LOC received a request from Retail to consider amendments to

the Clean Air Policy to create an exemption for smoking cigars and tobacco in pipes within a premise

designated by retail as a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product and in which the smoking of only cigars and tobacco in pipes is permitted.

1/18/23 LOC: Motion by Jennifer Webster to add the Clean Air Policy amendments to the Active Files List

with David P. Jordan as the sponsor; seconded by Marie Cornelius. Motion carried

unanimously.

1/26/23:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

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

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

discuss the proposed draft of amendments to the Clean Air Policy.

Next Steps:

 Approve the draft of the Clean Air Policy Amendments and direct that a legislative analysis

be completed.

Page 1 of 1

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

29 of 70

Draft 1 (Redline to Current)

2023 02 01

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR POLICY

411.1. Purpose and Policy

411.2. Adoption, Amendment, Conflicts

411.2. Adoption, Amendment, Repeal























































































411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is the purpose of this Clean Air Policylaw to provide a healthy working and

learning environment within buildings and vehicles owned and operated by the Oneida

TribeNation.

411.1-2. Policy. The Oneida TribeIt is committedthe policy of the Nation to commit to promoting

health and wellness in all forms. There is long standing evidence that smoking is harmful to

oneself and that second-hand smoke is harmful to others. In addition, the long term effects of

electronic cigarettes on individuals are unclear. In an effort to provide a healthy environment for

children, employees, and visitors, smoking willshall be restrictedprohibited as described within

this policylaw.

411.2. Adoption, Amendment, ConflictsRepeal

411.2-1. This Policylaw was adopted by motion of the Oneida Business Committee on May 25,

1994, and amended by resolutionresolutions BC-02-24-10-I and, BC-05-28-14-A., and BC-____-__-__.

411.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or

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

411.2-3. Should a provision of this Policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this Policylaw

which are considered to have legal force without the invalid portions.

411.2-4. In the event of a conflict between a provision of this Policylaw and a provision of another

law, ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Policylaw shall

control. Provided that, nothing in this Policy is intended to repeal or modify any existing law,

ordinance, policy, regulation, rule, resolution or motion.

411.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this Policy.

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

(a)

(a) “Building” means a structure that has a roof and more than two (2) substantial

walls.

(b)

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine,

or other chemicals or substances, by inhaling a vaporized liquid and shall include the

cartridges and other products used to refill the device. “Electronic cigarette” shall not

include any device that is prescribed by a healthcare professional.

(1) Electronic cigarette shall not include any device that is prescribed by a

healthcare professional.

(c)

(c) “Indoor” means within the exterior walls of any building.

(d)

(d) “Main entrance” means the front entrance to any building, or any entrance a

majority of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

4 O.C. 411 – Page 1

30 of 70

Draft 1 (Redline to Current)

2023 02 01

























































































(e)

(f) “Smoke” or “Smoking” means the inhalation of:

(1)

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) (2) a vaporized liquid from an electronic cigarette, whether the liquid contains

or does not contain nicotine.

(f)

“Tribe”(g) “Tobacco product” means the Oneida Tribeany form of Indians of

Wisconsintobacco prepared in a manner suitable for smoking.

411.4. Regulation of Smoking

411.4-1. Except as provided in 411.4-1(b)(1) and 411.4-2, noProhibition of Smoking. No person

may smoke:

(a) in any building owned or operated by the Tribe.Nation;

(b) within thirty (30) feet of any building owned or operated by the Tribe. Nation.

Receptacles for disposing of smoking materials shall be maintained at least thirty (30) feet

from the main entrances of the building.; or

(1) Exception. A person may smoke within thirty (30) feet of the Oneida One

Stopretail outlets or any gaming establishments. Receptacles for disposing of

smoking materials may be maintained within thirty (30) feet of the entrances of

these buildings.

(c) in any vehicle owned or operated by the TribeNation.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) There shall be an exemption for specific cultural uses for theCultural Usage. The

reasonable burning of tobacco, sage, cedar, and/or sweetgrass. shall be exempted for

cultural usage. Employees working in the vicinity of this cultural use shall be notified prior

to use.

(b) SpecificallyExempted Locations. The following locations shall be exempted from this

policy arethe prohibition of smoking:

(1) all gaming areas in any Tribal building. of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the TribeNation, including, but not

limited to, single-family dwellings, two- (2) family dwellings, and multiple-family

dwellings.; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All Tribal buildings of the Nation, except for those listed in

exempted by section 411.4-2(b),) of this Law, shall be posted as “Non-Smoking” on entrances. In

addition, the hallways, restroom facilities, and other public areas of these buildings may also be

posted as “Non-Smoking.” Signs shall be large enough that they can be viewed and read thirty

(30) feet from the building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Oneida Business CommitteeNation

may file for injunctive relief with the Tribe’s judicial systemNation’s Judiciary against any

4 O.C. 411 – Page 2

31 of 70

Draft 1 (Redline to Current)

2023 02 01































person who repeatedly or willfully violates this policylaw.

(b) An employee of the TribeNation who violates this policylaw during his or hertheir

work hours may be subject to the following disciplinary action in accordance with the

Nation’s laws and policies governing employment :

(1) reprimandedwritten warning for a first -time violation;

(2) suspended without pay for one (1) week for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted - 5– OBC motion on 05-25-94, motion, graceGrace period for thirty (30) feet until shelters complete, except

for at educational facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

32 of 70

Draft 1

2023 02 01

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal





















































































411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is the purpose of this law to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself and that second-hand

smoke is harmful to others. In addition, the long term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. 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) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(1) Electronic cigarette shall not include any device that is prescribed by a

healthcare professional.

(c) “Indoor” means within the exterior walls of any building.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

4 O.C. 411 – Page 1

33 of 70

Draft 1

2023 02 01



























































































411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

(c) in any vehicle owned or operated by the Nation.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment :

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

4 O.C. 411 – Page 2

34 of 70

Draft 1

2023 02 01



facilities where minors are present.

 Amended – BC-02-24-10-I

 Amended – BC-05-28-14-A

 Amended – BC__-__-__-__

4 O.C. 411 – Page 3

35 of 70

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Boš ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

"

GDDDDO

ONEIDA

AGENDA REQUEST FORM

January 26, 2023

1) Request Date: _____________________________________________________

Pamela Nohr

2) Contact Person(s): ______________________________________

Oneida Election Board

Dept:____________________________

480-287-1543

oeb-pnoh@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Amendments to Oneida Election Board bylaws

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

The Oneida Election Board met in September and November 2022 to

review the Board's bylaws and discuss amendments. On January 23,

_______________________________________________________________________________

2023, the Board approved amendments as reflected in the attachments.

_______________________________________________________________________________

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

OEB Bylaws DRAFT (show changes)

1) ________________________________

3) ________________________________

OEB Bylaws FINAL (clean)

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

OEB Bylaws

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

The Board worked with the Oneida Law Office attorney assigned to Election matters.

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

Ill No

If yes, please indicate why:

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Peggy A. Van Gheem

Date: 2023.01.26 10:22:40 -06'00'

__________________________________________________________________________

Digitally signed by Peggy A. Van Gheem

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

36 of 70

ONEIDA ELECTION BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Election Board and may be

referred to as the Board.

1-2. Establishment.This Board was established by the Oneida General Tribal Council (“GTC”)

on July 7, 1939, through resolution GTC-07-07-39; and under the Nation’s

Election law, adopted by GTC motion during its June 19, 1993 special

meeting, as further amended by motion of the Oneida Business Committee

on June 28, 1995, as well as resolutions GTC-07-06-98-A, GTC-01-04-10A, BC-02-25-15-C and GTC-04-23-17-A.

1-3.

Authority.

(a)

(b)

Purpose. The Board was created to carry out the provisions of the Election

law and Article III, Sections 2 & 3 of the Constitution of the Oneida Nation.

The purpose of the Board is to conduct the Nation’s elections in compliance

with the laws of the Nation and assist with GTC meetings in reference to

voting.

Powers and Duties. The Board is responsible to conduct elections and to

govern all procedures used in the election process along with attending

GTC meetings. The Board has all delegated authority established through

the laws, policies, rules and resolutions of the Nation, including, but not

limited to, the Election law.

1-4.

Office.

The official mailing address of the Election Board shall be:

Oneida Election Board

P.O. Box 365 413

Oneida, Wisconsin 54155

1-5.

Membership.

(a)

Number of Members. The Election Board shall consist of nine (9) members.

(1) Board Alternates. The Oneida Business Committee may appoint or

reappoint a sufficient number of alternates to the Board, as

recommended by the Board, to assist with election day and preelection activities.

(b)

Elected. Members of the Board shall be elected by enrolled members of the

Nation in accordance with the laws and/or policies of the Nation governing

elections.

(1)

Members of the Board shall serve terms of three (3) years. , not to

exceed two (2) consecutive terms.

(2)

Members shall hold office until their term expires, they resign, or

they are removed/terminated from office.

(A)

Although a member’s term has expired, he or she shall

remain in office and serve until a successor has been sworn

in by the Oneida Business Committee.

Page 1 of 10

37 of 70

(B)

(c)

(d)

(e)

A member may resign at any time verbally at a meeting or

by delivering written notice to the Oneida Business

Committee Support Government Administrative Office and

the Board Chairperson or Chairperson’s designee.

(i)

The resignation is effective upon acceptance by

Board motion of a member’s verbal resignation or

upon delivery of the written notices.

Vacancies. Vacancies on the Board shall be filled as follows:

(1)

Expired Terms. Vacancies caused by the expiration of a member’s

term shall be filled by election in accordance with the laws and/or

policies of the Nation governing elections.

(2)

Unexpired Terms. Vacancies in unexpired terms shall be filled by

appointment by the Oneida Business Committee, pursuant to the

Boards, Committees and Commissions law, for the balance of the

unexpired term.

(A)

The Board’s Chairperson shall provide the Oneida Business

Committee recommendations on all applications for

appointment to fill a vacancy by the executive session in

which the appointment is intended to be made.

(B)

The filling of a vacancy may be timed to correspond with the

pre-election activities and the needs of the Board.

Qualifications of Members. All Board members must be:

(1)

An enrolled member of the Nation; and

(2)

At least eighteen (18) years of age.

Duties/Responsibilities.

(1)

Board members shall carry out all duties delegated by the Election

law, including, but not limited to:

(A)

Ensuring that the election polling equipment and ballots are

maintained in a locked and secured area when not in use for

an election;

(B)

Developing and adhering to standard operating procedures

regarding election activities and responsibilities;

(C)

Assisting individuals with disabilities throughout the voting

process;

(D)

Being in charge of all registration and election procedures;

(E)

Upon completion of an election, making a final report on the

election results and posting/publishing the election results in

accordance with the Election law; and

(F)

Attending all Board meetings.[PAVG1]

(A) Attending all Board meetings;

(B) Being in charge of all registration and election procedures;

(C) Assisting individuals with disabilities throughout the voting

process;

(D) Developing and adhering to standard operating procedures

regarding election activities and responsibilities;

(E) Ensuring that the election polling equipment and ballots are

Page 10 of 10

38 of 70

maintained in a locked and secured area when not in use for an

election; and

(F) Upon completion of an election, making a final report on the

election results and posting/publishing the election results in

accordance with the Election law.

1-6.

Termination or Removal. A member of the Board found to be in violation of these bylaws

or the Election law may be subject to the following:

(a)

If the Board member was elected, the Board’s filing of a petition for his or

her removal pursuant to the Removal law and/or any other law of the Nation

governing removal of elected officials;

(1)

A member who is removed from the Board shall be ineligible to

serve on the Board for three (3) years from the time he or she is

removed from the Board.

(b)

If the Board member was appointed, the Board’s recommendation to the

Oneida Business Committee for termination of his or her appointment

pursuant to the Boards, Committees and Commissions law and/or any other

law of the Nation governing termination of appointed officials.

(c)

The filing of a petition for removal or submission of a recommendation for

termination shall be decided by a majority vote of the members in

attendance at a Board meeting of an established quorum.

1-7.

Trainings and Conferences. Mandatory trainings/conferences for members of the Board

shall be as follows:

(a)

Robert’s Rules of Order training on an annual basis or as needed, not to

exceed five (5) full days per Board member; and/or

(b)

Other Tribal Affiliated Election conferences/trainings, including those

focused on tribal elections, as approved by the Board, not to exceed three

(3) full days per Board member, per term year.

(c)

Regardless of the number of trainings/conferences that he or she is required

to attend, no member of the Board shall be eligible to receive stipends for

attending more than five (5) ten (10) full days of mandatory

trainings/conferences per year.

Article II. Officers & Non-Officer Positions

2-1. Officers.

The Officer positions of the Board shall consist of a Chairperson, a ViceChairperson and a Secretary.

2-2.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson are as follows:

(a)

Call meetings and notify Board members with the assistance of the ViceChairperson and/or Secretary;

(b)

Preside over all meetings and hearings of the Board;

(c)

Oversee the conduct of the election;

(d)

Decide issues of voter eligibility with the assistance of the Election

Judge(s);

(e)

Select the hearing body for applicants found to be ineligible in accordance

Page 10 of 10

39 of 70

(f)

(g)

(h)

(i)

(j)

with the Election law in the event of an appeal;

Dismiss the alternates and Trust Enrollment Department personnel when

their election day duties are complete;

Post and report the results of all elections;

With the assistance of the Board Secretary, submit quarterly reports to the

Oneida Business Committee and annual/semi-annual reports to the Oneida

General Tribal Council in accordance with the Boards, Committees and

Commissions law;

Attend, or designate a Board member to attend, the Oneida Business

Committee meeting where the Board’s quarterly report appears on the

agenda; and

Carry out any other duty assigned to the Chairperson by the Board or the

Election law.

2-3. Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the

Vice-Chairperson are as follows:

(a)

Preside over all meetings in the absence of the Chairperson and assist the

Chairperson in forwarding notice of meeting location, agenda, minutes and

materials; and

(b)

Work with the Chairperson in all matters that concern the Board.

2-4. Responsibilities of the Secretary. The duties, responsibilities and limitations of the Secretary

are as follows:

(a)

Keep accurate minutes of all Board meetings; submit them to the Oneida

Business Committee Support Office in accordance with the Boards,

Committees and Commissions law; and make them available to other Board

members, as well as the public, per the requirements of the Nation’s Open

Records and Open Meetings law;

(b)

Assure that minutes are reported in the proper format;

(c)

Oversee mail received and inform the Board of all correspondence;

(d)

(b) In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, call Board meetings to fill the

vacancies and preside over those meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside; and

(e)

Assist the Chairperson in forwarding notice of meeting location, agenda,

minutes and materials; and

(f)

(a) As applicable, The Secretary will work with the Oneida Business

Committee Support Government Administrative Office will assist the

Secretary with certain to carry out the administrative duties and

responsibilities.[PAVG2]

2-5. Selection of Officers. The Officers shall serve one (1) year terms and shall be elected by a

majority vote of the members in attendance at a Board meeting of an

established quorum.

(a)

The Chairperson shall be elected at the first meeting of the Board.

(1)

Upon his or her election, the Chairperson shall direct the Board to

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(b)

(c)

(d)

elect a Vice-Chairperson and Secretary.

Board members may be dismissed from their Officer positions by majority

vote of the members in attendance at a Board meeting of an established

quorum.

In the event of a vacancy in the position of a Board Officer, a successor

shall be voted in by a majority vote of the members in attendance at a Board

meeting of an established quorum for the duration of the Officer’s unexpired

term.

Officers may hold only one (1) Officer position per Officer term.

2-6. Ad Hoc Committee of the Board. The Board shall create an Ad Hoc Committee for the

limited purpose of maintaining a pool of qualified candidates that the Board

may choose from, when needed, to assist with its duties relating to GTC

meetings. On or before the date of its creation, the Board shall develop a

mission statement that reflects the Ad Hoc Committee’s limited purpose

stated herein.

(a)

Members of the Ad Hoc Committee shall be appointed and reappointed by

the Oneida Business Committee, as recommended by the Board, for one (1)

year terms in accordance with the Boards, Committees and Commissions

law.

(1)

Members of the Ad Hoc Committee shall not be limited in the

number of terms they can serve, consecutively or otherwise.

(b)

Members of the Ad Hoc Committee must possess the same qualifications

required of Board members under the Election law and these bylaws.

(c)

Upon appointment, members of the Ad Hoc Committee must take an oath

during a regular or special meeting of the Oneida Business Committee.

(1)

Members of the Ad Hoc Committee shall be subject to the applicable

portions of section 4-1 and all of sections 4-2 through 4-5 of these

bylaws to the same extent as appointed members of the Board,

including the provisions relating to enforcement and discipline.

(d)

Members of the Ad Hoc Committee shall receive a stipend of fifty (50)

dollars for each GTC meeting that:

(1)

The Board asked them to attend to assist with its duties relating to

GTC meetings;

(2)

They did attend for the entirety of the meeting; and

(3)

They did assist with the Board’s duties relating to GTC meetings.

(e)

Dissolution of the Ad Hoc Committee shall be in accordance with the

Boards, Committees and Commissions law.

2-7. Non-Officer Positions. The Board shall identify Board members who shall serve in the nonOfficer positions of tellers, Election Judges and clerks in advance of an

election.

(a)

Non-Officers shall be identified in accordance with the Election law.

2-8. Responsibilities of the Election Judge. The duties, responsibilities and limitations of the

Election Judge are as follows:

(a)

Inform and advise the Chairperson of all aspects of elections conducted

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(b)

(c)

under the Election law;

In accordance with the Election law, meet with the Trust Enrollment

Department personnel who are registering voters to answer questions

arising over voter eligibility; and

(1)

When disputes among Board members, or between members of the

Nation and Board members, or any controversy regarding voter

eligibility arise, the Election Judge shall assist the Chairperson in

making a determination.

Ensure that all ballots of voters whose eligibility may be in question remain

confidential.

2-9. Responsibilities of the Teller. The duties, responsibilities and limitations of the teller are as

follows:

(a)

Collect and keep safe all ballots until the election is complete, as determined

by the Election law; and

(b)

Assist the Chairperson as directed in conducting the election.

2-10. Responsibilities of the Clerk. The duties, responsibilities and limitations of the clerk are as

follows:

(a)

Implement the requirements of identifying and registering all voters and

determining voter eligibility;

(b)

Work in conjunction with the Trust Enrollment Department personnel in the

registration process;

(c)

Assist the Chairperson as directed in conducting the election; and

(d)

Not be currently employed in the Trust Enrollment Department.

2-11. Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Board shall be as set forth

in the manual titled, Oneida Tribe of Indians of Wisconsin Oneida Nation

[PAVG3]Purchasing Policies and Procedures, for Area Directors/Enterprise

Directors.

(1)

All Board Officers have sign-off authority and two (2) Officers shall

be required to sign-off on all budgetary requests, except as follows:

(A)

The Oneida Business Committee Support Government

Administrative Office shall have sign-off authority over

requests for stipends, travel per diem and business expense

reimbursement.

(b)

The Board shall approve a member’s request to travel on behalf of the Board

by a majority vote of the members in attendance at a regular or emergency

Board meeting of an established quorum.

2-12. Personnel.

The Board shall not have the authority to hire personnel for the benefit of the

Board.

Article III. Meetings

3-1. Regular Meetings. The regular meetings of the Board shall be held every second (2nd)

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(a)

(b)

(c)

Monday of the month, commencing at 5:00 p.m., at the Ridgeview Plaza,

or another location as suggested at a location to be determined at the first

meeting of the Board. The meeting location . and may change from timeto-time as determined by the Board but shall be within the Reservation

boundaries, unless notice is provided to all members in writing and along

with to the public, in accordance with governing law, including, but not

[PAVG4]limited to, the Nation’s Open Records and Open Meetings law, prior

to designating the meeting location.

The regular meeting date, time and location may change from time-to-time

as determined by a majority vote of the members in attendance at a Board

meeting of an established quorum. upon notice to all members in writing

and, along with the public, in accordance with [PAVG5]Notice of such change

shall be provided to Board members in writing and to the public according to

governing law, including, but not limited to, the Nation’s Open Records and

Open Meetings law, prior to the implementation of a new date, time and/or

location.

Notice of meeting location, agenda, minutes and materials shall be

forwarded by the Chairperson with the assistance of the Vice-Chairperson

and/or Secretary. to Board members by the Oneida Government

Administrative Office.

Meetings shall be run in accordance with Robert’s Rules of Order.

3-2.

Emergency Meetings. An emergency meeting may be called by the Chairperson when time

sensitive issues require immediate action.

(a)

The Chairperson or Chairperson’s designee shall provide advance notice to

all Board members of an emergency meeting by telephone call, as well as

email communication sent to the official Oneida Nation email address

provided to each member to conduct business electronically on behalf of the

Board. The Chairperson or Chairperson’s designee and shall further provide

notice to all members, as well as the public, in accordance with the Nation’s

Open Records and Open Meetings law.

(b)

Within seventy-two (72) hours after an emergency meeting, the Board

Chairperson or Chairperson’s designee shall provide the Nation’s Secretary

with notice of the emergency meeting, the reason for the emergency

meeting, and an explanation as to why the matter could not wait until the

next regular meeting.

3-3.

Joint Meetings. Joint Meetings shall not be held.

3-4.

Quorum.

3-5.

Order of Business. The order of business, as far as applicable, is:

(a)

Call to Order

(b)

Adopt the Agenda

A quorum shall consist of a majority of current Board members, at least one

(1) of which shall include the Chairperson, Vice-Chairperson or Secretary;

provided, the Secretary is presiding over the meeting in accordance with

section 2-4 I(b) I[PAVG6](d) of these bylaws.

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(c)

(d)

(e)

(f)

(g)

(h)

3-6.

Voting.

(a)

(b)

Approval of Minutes

Old Business

New Business

Other Concerns/Announcements

Executive Session

Adjournment

Voting shall be in accordance with a majority vote of the Board members

present at a meeting of an established quorum.

All members of the Board shall have one (1) equal vote.

The Chairperson or Vice-Chairperson, when presiding in the absence of the

Chairperson, and Secretary, when presiding in accordance with section 2-4

(b) (d) [PAVG7]of these bylaws, shall only vote when a tie needs to be broken.

E-polls are permitted so long as conducted in accordance with the Boards,

Committees and Commissions law.

(1)

The Vice-Chairperson, in the absence or discretion of the Chairperson, and the Secretary, in the absence of the Vice-Chairperson or

discretion of the Chairperson, shall be responsible for conducting epolls.

lf_

(c)

-

Article IV. Expectations

4-1. Behavior of Members. Members of the Board are expected to behave as follows:

(a)

They shall not miss three (3) consecutive unexcused meetings within a

twelve (12) month period.

(1)

A member who fails to notify a Board Officer or the recording clerk

, in writing, of his or her absence at least thirty (30) minutes prior to

the meeting in which he or she will be absent from shall be deemed

unexcused.

(b)

They shall follow the Election Board’s Code of Conduct.

(c)

They shall not speak or act in the name of the Board except when, by

majority vote of the members present at a meeting of an established quorum,

the Board has specifically delegated that responsibility.

(d)

Enforcement. Any member of the Board found to be in violation of these

behaviors/expectations or any other section of these bylaws may be subject

to:

(1)

Sanctions and penalties in accordance with any laws or policies of

the Nation governing sanctions and/or penalties of officials.

(2)

If the Board member was elected, the Board’s filing of a petition for

his or her removal pursuant to the Removal law and/or any other

laws or policies of the Nation governing the removal of elected

officials.

(3)

If the Board member was appointed, the Board’s recommendation

to the Oneida Business Committee for termination of his or her

appointment pursuant to the Boards, Committees and Commissions

law and/or any other laws or policies of the Nation governing the

termination of appointed officials.

(4)

The filing of a petition for removal or recommendation for

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termination shall be decided by a majority vote of the members in

attendance at a Board meeting of an established quorum.

4-2. Prohibition of Violence. Any violent intentional act committed by a member of the Board

that inflicts, attempts to inflict or threatens to inflict emotional or bodily

harm on another person, or damage to property, when acting in his or her

official capacity is strictly prohibited. Acts of self-defense are excepted

from this prohibition.[PAVG8]

4-3. Drug and Alcohol Use. Members of the Board are prohibited from using alcohol and/or

illegal drugs when acting in their official capacity.

4-4. Social Media. Social media shall be used in accordance with the members’ oath of office, as

well as any laws or policies of the Nation governing social media.

(a)

No member of the Board shall post any confidential Election Board

information on his or her Facebook page or other social media

outlets.1

[PAVG9]

OR

Social Media. Commissioners shall abide by the Nation’s Social Media Policy and their

oath of office when using social media on behalf of or as a representative of

the OGC. (from Gaming Commission bylaws)

OR

Social Media. OLCC members shall adhere to the Oneida Nation’s Social Media Policy and

their oath of office when using social media while acting on behalf of or as a

representative of the OLCC.

(a) Any social media use on behalf of or as a representative of the OLCC

must be approved in advance by a majority vote of the members in

attendance at an OLCC meeting of an established quorum. (from Land

Claims Commission bylaws)

OR

Social Media. Commissioners . . .shall further refrain from posting, attaching or writing

anything relating to ONCOA business or activities on any social media

outlet unless authorized by these bylaws or by a majority vote of the

Commissioners in attendance at an ONCOA meeting of an established

quorum. (from ONCOA bylaws)

4-5. Conflict of Interest. Members of the Board shall abide by all applicable laws of the Nation

governing conflicts of interest.

(a)

A Board member shall recuse himself or herself from participating as a

Board member in any pre-election, election day, or post-election activities

when:

(1)

He or she is a petitioner, applicant or candidate in any election;

(2)

A petitioner, applicant, or candidate in any election is an immediate

family member of the Board member; or

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(A)

(b)

Immediate family member shall be as defined within the

Nation’s Conflict of Interest law.

(3)

There is otherwise a conflict of interest.

Unless otherwise provided in any governing laws of the Nation relating to

conflicts of interest, any conflicts will be handled by recommendation of a

majority vote of the members in attendance at a Board meeting of an

established quorum.

Article V. Stipends and Compensation

5-1. Stipends. Board members are eligible for the following stipends as set forth in and subject

to these bylaws, the Boards, Committees and Commissions law, and

resolution BC-05-08-19-B titled, Amending Resolution BC-09-26-18-D

Boards, Committees and Commissions Law Stipends, as may be further

amended from time-to-time hereafter:

(a)

Two (2) monthly meeting stipends; Up to twenty-four (24) meeting stipends

per fiscal year;[PAVG10]

(b)

Stipends for conducting hearings on appeals of eligibility determinations;

(c)

Stipends for attending Judiciary hearings;

(1)

A member of the Board may only receive a stipend for attending an

Oneida Judiciary hearing if that member’s attendance was required

by official subpoena.

(d)

A stipend for attendance at each full day of a training/conference that is

required by law, bylaws or resolution.

(e)

An hourly stipend for services that he or she provides during an election,

including, but not limited to, managing the polling site, recounts and lot

drawings; and

(f)

A stipend for attending and providing service at an Oneida General Tribal

Council meeting of the Nation.

5-2. Compensation. Besides the travel, per diem and business expense reimbursement authorized

by the Boards, Committees and Commissions law, Board members shall

not be eligible for any other form of compensation for duties/ activities they

perform on behalf of the Board.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be maintained in a format provided by the Oneida

Business Committee Support Government Administrative Office.

6-2. Minutes. Minutes of the Board shall be typed in a format designed by the Oneida Business

Committee Support Government Administrative Office to generate the most

informative record of the Board’s meetings, including a summary of the

actions taken by the Board during its meetings.

(a)

Minutes shall be submitted to the Oneida Business Committee Support

Office within five (5) days of the meeting date.

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6-3.

Attachments. Any handouts, reports, or documents shall be turned in to be filed with the

minutes and agenda for the meeting in which they were presented.

(a)

All handouts, reports, and documents shall be kept in electronic format in

the Board’s shared folder.

6-4. Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

(a) The frequency and method of communication shall be as agreed upon by

the Board and the liaison, but not less than that required in any law or policy

on reporting developed by the Oneida Business Committee or Oneida

General Tribal Council.

6-5. Audio Recordings. All meetings of the Board shall be audio recorded using a recording

device supplied by the Oneida Business Committee Support Government

Administrative Office.

(a)

Audio recordings shall be submitted to the Oneida Business Committee

Support Government Administrative Office by the Chairperson or

Chairperson’s designee for purposes of maintaining in accordance with the

applicable laws of the Nation.

(b)

Exception. Audio recordings of executive session portions of a Board

meeting shall not be required.

Article VII. Amendments

7-1. Amendments to Bylaws. Amendments shall be made to these bylaws by a majority vote of

the members present at a regular Board meeting of an established quorum,

provided that a written notice of proposed amendments was made at a prior

regular meeting.

(a)

Amendments to these bylaws must conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(b)

Amendments to these bylaws must be approved by the Oneida Business

Committee before implementation.

(c)

The Board shall review these bylaws from time to time as needed, but no

less than on an annual basis.

These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee

at a duly called meeting held on September 25, 2019, by the Secretary of the Oneida Business

Committee’s signature.

Lisa Summers, Secretary

Oneida Business Committee

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ONEIDA ELECTION BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Election Board and may be

referred to as the Board.

1-2. Establishment. This Board was established by the Oneida General Tribal Council

(“GTC”) on July 7, 1939, through resolution GTC-07-07-39; and under

the Nation’s Election law, adopted by GTC motion during its June 19,

1993 special meeting, as further amended by motion of the Oneida

Business Committee on June 28, 1995, as well as resolutions GTC-07-0698-A, GTC-01-04-10- A, BC-02-25-15-C and GTC-04-23-17-A.

1-3.

Authority.

(a)

(b)

Purpose. The Board was created to carry out the provisions of the Election

law and Article III, Sections 2 & 3 of the Constitution of the Oneida Nation.

The purpose of the Board is to conduct the Nation’s elections in compliance

with the laws of the Nation and assist with GTC meetings in reference to

voting.

Powers and Duties. The Board is responsible to conduct elections and to

govern all procedures used in the election process along with attending

GTC meetings. The Board has all delegated authority established through

the laws, policies, rules and resolutions of the Nation, including, but not

limited to, the Election law.

1-4.

Office.

The official mailing address of the Election Board shall be:

Oneida Election Board

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership.

Number of Members. The Election Board shall consist of nine (9) members.

(a)

(1) Board Alternates. The Oneida Business Committee may appoint or

reappoint a sufficient number of alternates to the Board, as

recommended by the Board, to assist with election day and preelection activities.

(b)

Elected. Members of the Board shall be elected by enrolled members of the

Nation in accordance with the laws and/or policies of the Nation governing

elections.

(1)

Members of the Board shall serve terms of three (3) years.

(2)

Members shall hold office until their term expires, they resign, or

they are removed/terminated from office.

(A)

Although a member’s term has expired, he or she shall

remain in office and serve until a successor has been sworn

in by the Oneida Business Committee.

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(B)

(c)

(d)

(e)

1-6.

A member may resign at any time verbally at a meeting or

by delivering written notice to the Oneida Government

Administrative Office and the Board Chairperson or

Chairperson’s designee.

(i)

The resignation is effective upon acceptance by

Board motion of a member’s verbal resignation or

upon delivery of the written notices.

Vacancies. Vacancies on the Board shall be filled as follows:

(1)

Expired Terms. Vacancies caused by the expiration of a member’s

term shall be filled by election in accordance with the laws and/or

policies of the Nation governing elections.

(2)

Unexpired Terms. Vacancies in unexpired terms shall be filled by

appointment by the Oneida Business Committee, pursuant to the

Boards, Committees and Commissions law, for the balance of the

unexpired term.

(A)

The Board’s Chairperson shall provide the Oneida Business

Committee recommendations on all applications for

appointment to fill a vacancy by the executive session in

which the appointment is intended to be made.

(B)

The filling of a vacancy may be timed to correspond with the

pre-election activities and the needs of the Board.

Qualifications of Members. All Board members must be:

(1)

An enrolled member of the Nation; and

(2)

At least eighteen (18) years of age.

Duties/Responsibilities.

(1)

Board members shall carry out all duties delegated by the Election

law, including, but not limited to:

(A) Attending all Board meetings;

(B) Being in charge of all registration and election procedures;

(C) Assisting individuals with disabilities throughout the voting

process;

(D) Developing and adhering to standard operating procedures

regarding election activities and responsibilities;

(E) Ensuring that the election polling equipment and ballots are

maintained in a locked and secured area when not in use for an

election; and

(F) Upon completion of an election, making a final report on the

election results and posting/publishing the election results in

accordance with the Election law.

Termination or Removal. A member of the Board found to be in violation of these bylaws

or the Election law may be subject to the following:

(a)

If the Board member was elected, the Board’s filing of a petition for his or

her removal pursuant to the Removal law and/or any other law of the Nation

governing removal of elected officials;

(1)

A member who is removed from the Board shall be ineligible to

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(b)

(c)

1-7.

serve on the Board for three (3) years from the time he or she is

removed from the Board.

If the Board member was appointed, the Board’s recommendation to the

Oneida Business Committee for termination of his or her appointment

pursuant to the Boards, Committees and Commissions law and/or any other

law of the Nation governing termination of appointed officials.

The filing of a petition for removal or submission of a recommendation for

termination shall be decided by a majority vote of the members in

attendance at a Board meeting of an established quorum.

Trainings and Conferences. Mandatory trainings/conferences for members of the Board

shall be as follows:

(a)

Robert’s Rules of Order training on an annual basis or as needed, not to

exceed five (5) full days per Board member; and/or

(b)

Election conferences/trainings, including those focused on tribal elections,

as approved by the Board, not to exceed three (3) full days per Board

member, per year.

(c)

Regardless of the number of trainings/conferences that he or she is required

to attend, no member of the Board shall be eligible to receive stipends for

attending more than ten (10) full days of mandatory trainings/conferences

per year.

Article II. Officers & Non-Officer Positions

2-1. Officers.

The Officer positions of the Board shall consist of a Chairperson, a ViceChairperson and a Secretary.

2-2.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson are as follows:

(a)

Call meetings and notify Board members with the assistance of the ViceChairperson and/or Secretary;

(b)

Preside over all meetings and hearings of the Board;

(c)

Oversee the conduct of the election;

(d)

Decide issues of voter eligibility with the assistance of the Election

Judge(s);

(e)

Select the hearing body for applicants found to be ineligible in accordance

with the Election law in the event of an appeal;

(f)

Dismiss the alternates and Trust Enrollment Department personnel when

their election day duties are complete;

(g)

Post and report the results of all elections;

(h)

With the assistance of the Board Secretary, submit quarterly reports to the

Oneida Business Committee and annual/semi-annual reports to the Oneida

General Tribal Council in accordance with the Boards, Committees and

Commissions law;

(i)

Attend, or designate a Board member to attend, the Oneida Business

Committee meeting where the Board’s quarterly report appears on the

agenda; and

(j)

Carry out any other duty assigned to the Chairperson by the Board or the

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Election law.

2-3. Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the

Vice-Chairperson are as follows:

(a)

Preside over all meetings in the absence of the Chairperson and assist the

Chairperson in forwarding notice of meeting location, agenda, minutes and

materials; and

(b)

Work with the Chairperson in all matters that concern the Board.

2-4. Responsibilities of the Secretary. The duties, responsibilities and limitations of the Secretary

are as follows:

(a)

The Secretary will work with the Oneida Government Administrative

Office to carry out the administrative duties and responsibilities; and,

(b)

In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, call Board meetings to fill the

vacancies and preside over those meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside.

2-5. Selection of Officers. The Officers shall serve one (1) year terms and shall be elected by a

majority vote of the members in attendance at a Board meeting of an

established quorum.

(a)

The Chairperson shall be elected at the first meeting of the Board.

(1)

Upon his or her election, the Chairperson shall direct the Board to

elect a Vice-Chairperson and Secretary.

(b)

Board members may be dismissed from their Officer positions by majority

vote of the members in attendance at a Board meeting of an established

quorum.

(c)

In the event of a vacancy in the position of a Board Officer, a successor

shall be voted in by a majority vote of the members in attendance at a Board

meeting of an established quorum for the duration of the Officer’s unexpired

term.

(d)

Officers may hold only one (1) Officer position per Officer term.

2-6. Ad Hoc Committee of the Board. The Board shall create an Ad Hoc Committee for the

limited purpose of maintaining a pool of qualified candidates that the Board

may choose from, when needed, to assist with its duties relating to GTC

meetings. On or before the date of its creation, the Board shall develop a

mission statement that reflects the Ad Hoc Committee’s limited purpose

stated herein.

(a)

Members of the Ad Hoc Committee shall be appointed and reappointed by

the Oneida Business Committee, as recommended by the Board, for one (1)

year terms in accordance with the Boards, Committees and Commissions

law.

(1)

Members of the Ad Hoc Committee shall not be limited in the

number of terms they can serve, consecutively or otherwise.

(b)

Members of the Ad Hoc Committee must possess the same qualifications

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(c)

(d)

(e)

required of Board members under the Election law and these bylaws.

Upon appointment, members of the Ad Hoc Committee must take an oath

during a regular or special meeting of the Oneida Business Committee.

(1)

Members of the Ad Hoc Committee shall be subject to the applicable

portions of section 4-1 and all of sections 4-2 through 4-5 of these

bylaws to the same extent as appointed members of the Board,

including the provisions relating to enforcement and discipline.

Members of the Ad Hoc Committee shall receive a stipend of fifty (50)

dollars for each GTC meeting that:

(1)

The Board asked them to attend to assist with its duties relating to

GTC meetings;

(2)

They did attend for the entirety of the meeting; and

(3)

They did assist with the Board’s duties relating to GTC meetings.

Dissolution of the Ad Hoc Committee shall be in accordance with the

Boards, Committees and Commissions law.

2-7. Non-Officer Positions. The Board shall identify Board members who shall serve in the nonOfficer positions of tellers, Election Judges and clerks in advance of an

election.

(a)

Non-Officers shall be identified in accordance with the Election law.

2-8. Responsibilities of the Election Judge. The duties, responsibilities and limitations of the

Election Judge are as follows:

(a)

Inform and advise the Chairperson of all aspects of elections conducted

under the Election law;

(b)

In accordance with the Election law, meet with the Trust Enrollment

Department personnel who are registering voters to answer questions

arising over voter eligibility; and

(1)

When disputes among Board members, or between members of the

Nation and Board members, or any controversy regarding voter

eligibility arise, the Election Judge shall assist the Chairperson in

making a determination.

(c)

Ensure that all ballots of voters whose eligibility may be in question remain

confidential.

2-9. Responsibilities of the Teller. The duties, responsibilities and limitations of the teller are as

follows:

(a)

Collect and keep safe all ballots until the election is complete, as determined

by the Election law; and

(b)

Assist the Chairperson as directed in conducting the election.

2-10. Responsibilities of the Clerk. The duties, responsibilities and limitations of the clerk are as

follows:

(a)

Implement the requirements of identifying and registering all voters and

determining voter eligibility;

(b)

Work in conjunction with the Trust Enrollment Department personnel in the

registration process;

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(c)

(d)

Assist the Chairperson as directed in conducting the election; and

Not be currently employed in the Trust Enrollment Department.

2-11. Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Board shall be as set forth

in the manual titled, Oneida Nation Purchasing Policies and Procedures,

for Area Directors/Enterprise Directors.

(1)

All Board Officers have sign-off authority and two (2) Officers shall

be required to sign-off on all budgetary requests, except as follows:

(A)

The Oneida Government Administrative Office shall have

sign-off authority over requests for stipends, travel per diem

and business expense reimbursement.

(b)

The Board shall approve a member’s request to travel on behalf of the Board

by a majority vote of the members in attendance at a regular or emergency

Board meeting of an established quorum.

2-12. Personnel.

The Board shall not have the authority to hire personnel for the benefit of the

Board.

Article III. Meetings

3-1. Regular Meetings. The regular meetings of the Board shall be held every second (2nd)

Monday of the month, commencing at 5:00 p.m., at a location to be

determined at the first meeting of the Board. The meeting location shall be

within the Reservation boundaries, unless notice is provided to all members

in writing and to the public, in accordance with governing law, including,

but not limited to, the Nation’s Open Records and Open Meetings law, prior

to designating the meeting location.

(a)

The regular meeting date, time and location may change from time-to-time

as determined by a majority vote of the members in attendance at a Board

meeting of an established quorum. Notice of such change shall be provided

to Board members in writing and to the public according to governing law,

including, but not limited to, the Nation’s Open Records and Open

Meetings law, prior to the implementation of a new date, time and/or

location.

(b)

Notice of meeting location, agenda, minutes and materials shall be

forwarded to Board members by the Oneida Government Administrative

Office.

(c)

Meetings shall be run in accordance with Robert’s Rules of Order.

3-2.

Emergency Meetings. An emergency meeting may be called by the Chairperson when time

sensitive issues require immediate action.

(a)

The Chairperson or Chairperson’s designee shall provide advance notice to

all Board members of an emergency meeting by telephone call, as well as

email communication sent to the official Oneida Nation email address

provided to each member to conduct business electronically on behalf of the

Board. The Chairperson or Chairperson’s designee shall further provide

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(b)

notice to all members, as well as the public, in accordance with the Nation’s

Open Records and Open Meetings law.

Within seventy-two (72) hours after an emergency meeting, the Board

Chairperson or Chairperson’s designee shall provide the Nation’s Secretary

with notice of the emergency meeting, the reason for the emergency

meeting, and an explanation as to why the matter could not wait until the

next regular meeting.

3-3.

Joint Meetings. Joint Meetings shall not be held.

3-4.

Quorum.

3-5.

Order of Business. The order of business, as far as applicable, is:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Minutes

(d)

Old Business

(e)

New Business

(f)

Other Concerns/Announcements

(g)

Executive Session

(h)

Adjournment

3-6.

Voting.

(a)

(b)

(c)

A quorum shall consist of a majority of current Board members, at least one

(1) of which shall include the Chairperson, Vice-Chairperson or Secretary;

provided, the Secretary is presiding over the meeting in accordance with

section 2-4(b) of these bylaws.

Voting shall be in accordance with a majority vote of the Board members

present at a meeting of an established quorum.

All members of the Board shall have one (1) equal vote.

The Chairperson or Vice-Chairperson, when presiding in the absence of the

Chairperson, and Secretary, when presiding in accordance with section 24(b) of these bylaws, shall vote when a tie needs to be broken.

E-polls are permitted so long as conducted in accordance with the Boards,

Committees and Commissions law.

(1)

The Vice-Chairperson, in the absence or discretion of the Chairperson, and the Secretary, in the absence of the Vice-Chairperson or

discretion of the Chairperson, shall be responsible for conducting epolls.

Article IV. Expectations

4-1. Behavior of Members. Members of the Board are expected to behave as follows:

(a)

They shall not miss three (3) consecutive unexcused meetings within a

twelve (12) month period.

(1)

A member who fails to notify a Board Officer or the recording clerk

of his or her absence at least thirty (30) minutes prior to the meeting

in which he or she will be absent from shall be deemed unexcused.

(b)

They shall follow the Election Board’s Code of Conduct.

(c)

They shall not speak or act in the name of the Board except when, by

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(d)

majority vote of the members present at a meeting of an established quorum,

the Board has specifically delegated that responsibility.

Enforcement. Any member of the Board found to be in violation of these

behaviors/expectations or any other section of these bylaws may be subject

to:

(1)

Sanctions and penalties in accordance with any laws or policies of

the Nation governing sanctions or penalties of officials.

(2)

If the Board member was elected, the Board’s filing of a petition for

his or her removal pursuant to the Removal law or any other laws or

policies of the Nation governing the removal of elected officials.

(3)

If the Board member was appointed, the Board’s recommendation

to the Oneida Business Committee for termination of his or her

appointment pursuant to the Boards, Committees and Commissions

law or any other laws or policies of the Nation governing the

termination of appointed officials.

(4)

The filing of a petition for removal or recommendation for

termination shall be decided by a majority vote of the members in

attendance at a Board meeting of an established quorum.

4-2. Prohibition of Violence. Any violent intentional act committed by a member of the Board

that inflicts, attempts to inflict or threatens to inflict emotional or bodily

harm on another person, or damage to property, when acting in his or her

official capacity is strictly prohibited. Acts of self-defense are excepted

from this prohibition.

4-3. Drug and Alcohol Use. Members of the Board are prohibited from using alcohol and/or

illegal drugs when acting in their official capacity.

4-4. Social Media. Social media shall be used in accordance with the members’ oath of office, as

well as any laws or policies of the Nation governing social media.

(a)

No member of the Board shall post any confidential Election Board

information on his or her Facebook page or other social media outlets.

4-5. Conflict of Interest. Members of the Board shall abide by all applicable laws of the Nation

governing conflicts of interest.

(a)

A Board member shall recuse himself or herself from participating as a

Board member in any pre-election, election day, or post-election activities

when:

(1)

He or she is a petitioner, applicant or candidate in any election;

(2)

A petitioner, applicant, or candidate in any election is an immediate

family member of the Board member; or

(A)

Immediate family member shall be as defined within the

Nation’s Conflict of Interest law.

(3)

There is otherwise a conflict of interest.

(b)

Unless otherwise provided in any governing laws of the Nation relating to

conflicts of interest, any conflicts will be handled by recommendation of a

majority vote of the members in attendance at a Board meeting of an

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established quorum.

Article V. Stipends and Compensation

5-1. Stipends. Board members are eligible for the following stipends as set forth in and subject

to these bylaws, the Boards, Committees and Commissions law, and

resolution BC-05-08-19-B titled, Amending Resolution BC-09-26-18-D

Boards, Committees and Commissions Law Stipends, as may be further

amended from time-to-time hereafter:

(a)

Up to twenty-four (24) meeting stipends per fiscal year;

(b)

Stipends for conducting hearings on appeals of eligibility determinations;

(c)

Stipends for attending Judiciary hearings;

(1)

A member of the Board may only receive a stipend for attending an

Oneida Judiciary hearing if that member’s attendance was required

by official subpoena.

(d)

A stipend for attendance at each full day of a training/conference that is

required by law, bylaws or resolution.

(e)

An hourly stipend for services that he or she provides during an election,

including, but not limited to, managing the polling site, recounts and lot

drawings; and

(f)

A stipend for attending and providing service at an Oneida General Tribal

Council meeting of the Nation.

5-2. Compensation. Besides the travel, per diem and business expense reimbursement authorized

by the Boards, Committees and Commissions law, Board members shall

not be eligible for any other form of compensation for duties/ activities they

perform on behalf of the Board.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be maintained in a format provided by the Oneida

Government Administrative Office.

6-2. Minutes.

6-3.

Minutes of the Board shall be typed in a format designed by the Oneida

Government Administrative Office to generate the most informative record

of the Board’s meetings, including a summary of the actions taken by the

Board during its meetings.

(a)

Minutes shall be submitted to the Oneida Government Administrative

Office within five (5) days of the meeting date.

Attachments. Any handouts, reports, or documents shall be turned in to be filed with the

minutes and agenda for the meeting in which they were presented.

(a)

All handouts, reports, and documents shall be kept in electronic format in

the Board’s shared folder.

6-4. Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

(a) The frequency and method of communication shall be as agreed upon by

the Board and the liaison, but not less than that required in any law or policy

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on reporting developed by the Oneida Business Committee or Oneida

General Tribal Council.

6-5. Audio Recordings. All meetings of the Board shall be audio recorded using a recording

device supplied by the Oneida Government Administrative Office.

(a)

Audio recordings shall be submitted to the Oneida Government

Administrative Office by the Chairperson or Chairperson’s designee for

purposes of maintaining in accordance with the applicable laws of the

Nation.

(b)

Exception. Audio recordings of executive session portions of a Board

meeting shall not be required.

Article VII. Amendments

7-1. Amendments to Bylaws. Amendments shall be made to these bylaws by a majority vote of

the members present at a regular Board meeting of an established quorum,

provided that a written notice of proposed amendments was made at a prior

regular meeting.

(a)

Amendments to these bylaws must conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(b)

Amendments to these bylaws must be approved by the Oneida Business

Committee before implementation.

(c)

The Board shall review these bylaws from time to time as needed, but no

less than on an annual basis.

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Oneid a Na t ion

Oneida Busine ss Comm itttt

Legislative Operat ing Comm ittee

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ONEIDA

Legislative Operating Committee

FY2023 First Quarter Report

Legislative Operating Committee Action on Legislative Requests

During the FY23 First Quarter the Legislative Operating Committee added eighteen (18)

legislative items to its Active Files List. No requests were denied during the FY23 First Quarter.

Items Added to the Active Files List by the Legislative Operating Committee

On October 5, 2022, the Legislative Operating Committee added the Oneida Personnel

Commission bylaws amendments, and the Furlough law amendments to its Active Files List.

Then on October 19, 2022, the Legislative Operating Committee added the Budget and Finances

law emergency amendments to its Active Files List.

On December 7, 2022, the Legislative Operating Committee added the following to the Active

Files List:

 Emergency Gift Card law;

 Audit Committee bylaws amendments;

 Election law emergency amendments;

 Cemetery law amendments;

 Domestic Animals law amendments;

 Tribal Environmental Response law amendments;

 Well Abandonment law amendments;

 All Terrain Vehicle law amendments;

 Tribal Environmental Quality Review law amendments;

 Hunting, Fishing, and Trapping law amendments;

 On-Site Waste Disposal law amendments;

 Water Resources law amendments;

 Public Use of Tribal Land law amendments;

 Petition: M. Cornelius – Chief Financial Officer Position; and

 Petition: N. Barton – $2,500 GWA Payment for Three (3) Years.

On December 21, 2022, the Legislative Operating Committee added the Two Spirit Inclusion law

to the Active Files List.

Items Denied from the Active Files List by the Legislative Operating Committee

The Legislative Operating Committee did not deny adding any items to the Active Files List during

the FY23 First Quarter.

FY23 First Quarter Legislative Accomplishments

The Legislative Operating Committee brought forward the following legislation for adoption or

amendment during the FY23 First Quarter:

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report

Emergency Amendments to the Budget and Finances Law

The Oneida Business Committee adopted the emergency amendments to the Budget and Finances

law on October 26, 2022, through the adoption of resolution BC-10-26-22-D. The purpose of the

Budget and Finances law is to set forth the requirements to be followed by the Oneida Business

Committee and the Oneida fund units when preparing the budget to be presented to the General

Tribal Council for approval, and to establish financial policies and procedures for the Nation. [1

O.C. 121.1-1].

The emergency amendments to the Budget and Finances law:

 Clarified that the Oneida Business Committee may work with any other appropriate entity

in addition to the Treasurer, Chief Financial Officer, and mangers to compile a final draft

budget to be presented to the General Tribal Council. [1 O.C. 121.5-4(c)]; and

 Removed the provision which only allows a continuing budget resolution to remain in

effect for a maximum of three (3) months. [1 O.C. 121.5-47(e)(1)].

The emergency amendments to the Budget and Finances law will expire on April 26, 2023. The

Legislative Procedures Act provides the possibility to extend the emergency amendments for an

additional six (6) months. [1 O.C. 109.9-5(b)].

Extension of the Emergency Amendments to the Oneida Personnel Policies and Procedures

Emergency amendments to the Oneida Personnel Policies and were adopted by the Oneida

Business Committee on November 24, 2021, through the adoption of resolution BC-11-24-21-A

to improve the Nation’s hiring capacity and service delivery in the tight labor markets that have

resulted from the COVID-19 pandemic. The emergency amendments to the Oneida Personnel

Policies and Procedures:

 Required that all applications for employment with the Nation be submitted online;

 Eliminated the requirement that a position vacancy be posted twice with the first posting

open to enrolled members of the Nation only and the second posting open to the general

public;

 Required that applicants who are enrolled members of the Oneida Nation be screened and

interviewed prior to any other applicants;

 Allowed for a supervisor to choose between the next two (2) ranked applicants if the first

choice refuses the position offer;

 Required an employee who is transferred to continue serving in their present position until

a replacement can be found, for a period up to thirty (30) days;

 Removed the requirement that an employee completes one (1) year of service to the Nation

before being eligible for a transfer;

 Clarified that an employee shall be required to undergo an original probation period for

three (3) months after being hired, transferred, or reassigned to a new position;

 Removed the provision that provided probationary employees be paid at five percent (5%)

below the posted pay rate for the position; and

 Made other revisions throughout Section III of the Oneida Personnel Policies and

Procedures to simplify and clarify language to make the hiring selection process more

efficient.

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report

These emergency amendments to the Oneida Personnel Policies and Procedures were set to expire

on May 24, 2022.

It was the determined necessary to seek additional emergency amendments to the Oneida

Personnel Policies and Procedures to clarify inconsistencies that arose as a result of the last

emergency amendments. The Oneida Business Committee then adopted additional emergency

amendments to the Oneida Personnel Policies and Procedures on May 11, 2022, through the

adoption of resolution BC-05-11-22-A which maintained the current emergency amendments and

also:

 Clarified that termination of an employee for cause during their original probationary

period shall not be subject to appeal; and

 Clarified that employees who are terminated during their original probation period shall

not be paid for any unused accrued vacation or personal days in their final paycheck.

These emergency amendments to the Oneida Personnel Policies and Procedures were set to expire

on November 11, 2022.

The Oneida Business Committee then took action to extend these emergency amendments for an

additional six (6) month period on November 7, 2022, through the adoption of resolution BC-1107-22-A. The emergency amendments will now expire on May 11, 2023.

Adoption of the Oneida Nation Assistance Fund Law

The Oneida Business Committee adopted the Oneida Nation Assistance Fund law on a permanent

basis on November 30, 2022, through the adoption of resolution BC-11-30-22-A. The purpose of

the Oneida Nation Assistance Fund law 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. [10 O.C. 1003.1-1].

The Oneida Nation Assistance Fund 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];

 Provides how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];

 Provides 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];

 Provides the minimum requirements for the information that must be included on the

application [10 O.C. 1003.5-3];

 Provides how and when funds from the Oneida Nation Assistance Fund are disbursed [10

O.C. 1003.5-2, 1003.5-4];

 Provides 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];

 Provides 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]; and

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report



Provides 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].

Adoption of the Audit Committee Bylaws Amendments

The Oneida Business Committee adopted amendments to the Audit Committee bylaws on

December 14, 2022. Amendments to the Audit Committee bylaws were brought forward to allow

the appointed community member to be eligible to receive a stipend for attending the Oneida

Business Committee meeting when the annual audit is presented by the external auditors.

Emergency Amendments to the Election Law

The Oneida Business Committee adopted emergency amendments to the Election law on

December 28, 2022, through the adoption of resolution BC-12-28-22-B. The purpose of the

Election law is to govern the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [1 O.C. 102.1-1].

The emergency amendments to the Election law were made to allow the Oneida Business

Committee to select the election date if the General Tribal Council is unable to meet to select the

election date by February 1st of a year. [1 O.C. 102.9-1].

The emergency amendments to the Election law will expire on June 28, 2023. The Legislative

Procedures Act provides the possibility to extend the emergency amendments for an additional six

(6) months. [1 O.C. 109.9-5(b)].

FY23 First Quarter Legislative Highlights

The Legislative Operating Committee would like to highlight its work on the following legislative

items during the FY23 First Quarter:

Back Pay Law Amendments

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed Back Pay law amendments. On October 5, 2022, the Legislative Operating

Committee approved the draft of the proposed amendments to the Back Pay law and directed that

a legislative analysis be completed. On October 19, 2022, the Legislative Operating Committee

approved the updated draft and legislative analysis. On November 2, 2022, the Legislative

Operating Committee approved the public meeting packet and forwarded the Back Pay law

amendments to a public meeting to be held on December 13, 2022. The public meeting was held

on December 13, 2022, in person in the Norbert Hill Center and on Microsoft Teams. No

individuals provided public comment during the public meeting. The public comment period

closed on December 20, 2022. One (1) submission of written comments was received during the

public comment period.

Business Corporations Law

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed Business Corporations law.

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report

Drug and Alcohol Free Workplace Law Amendments

The Legislative Operating Committee held three (3) work meetings during the FY23 First Quarter

on the proposed Drug and Alcohol Free Workplace law amendments. On December 7, 2022, the

Legislative Operating Committee approved the draft of the Drug and Alcohol Free Workplace law

amendments and directed that a legislative analysis be completed. On December 21, 2022, the

Legislative Operating Committee approved the legislative analysis of the Drug and Alcohol Free

Workplace law amendments.

Emergency Management Law Amendments

The Legislative Operating Committee held two (2) work meetings during the FY23 First Quarter

on the proposed Emergency Management law amendments. On October 5, 2022, the Legislative

Operating Committee approved the draft of the proposed amendments to the Emergency

Management law and direct that a legislative analysis be completed. On October 19, 20122, the

Legislative Operating Committee approved the legislative analysis of the Emergency Management

law. On November 2, 2022, the Legislative Operating Committee approved the public meeting

packet and forward the Emergency Management law amendments to a public meeting to be held

on December 13, 2022. The public meeting was held on December 13, 2022, in person in the

Norbert Hill Center and on Microsoft Teams. No individuals provided public comment during the

public meeting. The public comment period closed on December 20, 2022. No submissions of

written comments were received during the public comment period.

Furlough Law Amendments

The Legislative Operating Committee held two (2) work meetings during the FY23 First Quarter

on the proposed Furlough law amendments.

Investigative Leave Policy Amendments

The Legislative Operating Committee held four (4) work meetings during the FY23 First Quarter

on the proposed Investigative Leave Policy amendments.

Law Enforcement Ordinance Amendments

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed amendments to the Law Enforcement Ordinance.

Layoff Policy Amendments

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed amendments to the Layoff Policy.

Marijuana Law

The Legislative Operating Committee held one (1) work meetings during the FY23 First Quarter

on the proposed Marijuana law.

Oneida Language Code

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed Oneida Language Code.

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report

Oneida Personnel Policies and Procedures Amendments

The Legislative Operating Committee held four (4) work meetings during the FY23 First Quarter

on the proposed amendments to the Oneida Personnel Policies and Procedures. On December 7,

2022, the Legislative Operating Committee approved the draft of the Oneida Personnel Policies

and Procedures amendments, the legislative analysis, and the public meeting notice with updated

date, and forwarded the Oneida Personnel Policies and Procedures amendments to a public

meeting to be held on January 12, 2023.

Probate Law

The Legislative Operating Committee held one (1) work meeting during the FY23 First Quarter

on the proposed Probate law.

Trust Scholarship Policy Amendments

The Legislative Operating Committee held three (3) work meeting during the FY23 First Quarter

on the proposed amendments to the Trust Scholarship Policy.

Overall, the Legislative Operating Committee held over thirty (30) work meetings during the FY23

First Quarter.

FY23 First Quarter Legislative Operating Committee Meetings

All Legislative Operating Committee meetings are open to the public and held on the first and

third Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business Committee

Conference Room.

The Legislative Operating Committee held the following meetings during the FY23 First Quarter:

 October 5, 2022 – Regular meeting;

 October 19, 2022 – Regular meeting;

 November 2, 2022 – Regular meeting;

 December 7, 2022 – Regular meeting; and

 December 21, 2022 – Regular meeting.

The November 16, 2022, Legislative Operating Committee meeting was canceled. This Legislative

Operating Committee meeting was canceled so that the members of the Legislative Operating

Committee had the opportunity to attend the “Re-Kindling the Fire: Indigenizing our Ways of

Governance” event put on by the Cultural Heritage Department.

In addition to attending the Legislative Operating Committee meetings in person, employees of

the Nation are provided the opportunity to attend the Legislative Operating Committee meeting

through Microsoft Teams. Additionally, any non-employee who would like to access the

Legislative Operating Committee meeting through Microsoft Teams can provide their name,

phone number or e-mail address to LOC@oneidanation.org by the close of business the day before

a meeting of the Legislative Operating Committee to receive the link to the Microsoft Teams

meeting. For those who may be unable to attend the Legislative Operating Committee meeting

either in person or on Microsoft Teams, an audio recording of the Legislative Operating Committee

meeting is made available on the Nation’s website after the meeting concludes.

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October 2022 – December 2022

Legislative Operating Committee FY23 First Quarter Report

Goals for FY23 Second Quarter

During the FY23 Second Quarter the Legislative Operating Committee will focus its legislative

efforts on the following matters:

1. Adoption of the amendments to the Back Pay law;

2. Adoption of the amendments to the Emergency Management law;

3. Development of amendments to the Workplace Violence law;

4. Development of amendments to the Investigative Leave Policy;

5. Development of the Oneida Language Code;

6. Development of amendments to the Drug and Alcohol Free Workplace law.

Legislative Reference Office

The Legislative Reference Office’s mission is to provide support for the Legislative Operating

Committee in developing clear and consistent legislation that reflects the Nation’s values, builds

upon the Nation’s strong foundation, and reaffirms our inherent sovereignty. During the FY23

First Quarter the Legislative Reference Office was staffed by the following individuals:

 Clorissa N. Leeman, Senior Legislative Staff Attorney.

 Contact: cleeman@oneidanation.org or (920) 869-4417

 Carolyn Salutz, Legislative Staff Attorney.

 Contact: csalutz@oneidanation.org or (920) 869-4422

 Grace Elliott, Legislative Staff Attorney.

 Contact: gelliott@oneidanation.org or (920) 869-4320

Legislative Operating Committee Contact Information

Feel free to contact the LOC at LOC@oneidanation.org with any questions or comments, or

individual LOC members at the following:

 David P. Jordan, LOC Chairman

djordan1@oneidanation.org

(920) 869-4483

 Kirby Metoxen, LOC Vice-Chairman

kmetox@oneidanation.org

(920) 869-4441

 Jennifer Webster, LOC Member

jwebste1@oneidanation.org

(920) 869-4457

 Daniel Guzman King, LOC Member

dguzman@oneidanation.org

(920) 869-4366

 Marie Cornelius, LOC Member

ecornel2@oneidanation.org

(920) 869-2214

(

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-

LEGISLATIVE OPERATING COMMITTEE

ACTIVE FILES LIST

-

Status as of December 31, 2022

Means Legislative Item in Progress

Name of Legislation

Development

All Terrain Vehicle Law

Amendments

Audit Committee Bylaws

Amendments (4-14-21)

Audit Committee Bylaws

Amendments (12-14-22)

Back Pay Law Amendments

Budget Management and

Control Law Emergency

Amendments (BC-11-24-20-E)

Budget Management and

Control Law Emergency

Amendments (BC-05-12-21-C)

Budget Management and

Control Law Emergency

Extension (BC-11-10-21-B)

Budget Management and

Control Law Amendments

(BC-05-11-22-B)

Budget and Finances Law

Emergency Amendments (BC10-26-22-D)

Business Corporations Law

Cemetery Law Amendments

Children’s Code Amendments

(BC-09-14-22-A)

Code of Ethics Law

Amendments

Community Support Fund Law

Amendments (BC-03-10-21-C)

Credit Collections Law

Amendments

Domestic Animals Law

Amendments

Drug and Alcohol Free for

Elected and Appointed

Officials

Drug and Alcohol Free

Workplace Law Amendments

Page 1 of 5

Means Legislative Item Adopted or Amended

Public Input

OBC/GTC

Consideration or

Adoption

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Early Return to Work Law

Emergency Amendments (BC05-12-21-I)

Election Law Emergency

Amendments (BC-04-28-21-B)

Election Law Emergency

Amendments (BC-07-13-22-E)

Election Law Emergency

Amendments (BC-12-28-22-B)

Elder Assistance Program Law

(BC-07-13-22-A)

Elder Protection Law

Emergency Gift Card Law

Emergency Management and

Homeland Security Law

Amendments (BC-03-10-21-A)

Emergency Management Law

Emergency Amendments (BC09-14-22-B)

Emergency Management Law

Amendments

Endowments Law Amendments

Environmental Review Law

Eviction and Termination Law

Amendments

Fire Signs Law

Furlough Law Amendments

(BC-02-09-22-A)

Furlough Law Amendments

General Tribal Council Meeting

Stipend Payment Policy

Emergency Extension (BC-0923-20-B)

Guardianship Law

Healing to Wellness Court Law

(BC-07-13-22-D)

Hunting, Fishing, and Trapping

Law Amendments

Industrial Hemp Law (BC-1209-20-A)

Investigative Leave Policy

Amendments

Law Enforcement Ordinance

Amendments

Layoff Policy Amendments

Local Land Use Regulation

Reimbursement Policy Repeal

Marijuana Law

Misappropriation of Funds Law

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Oneida Higher Education

Pandemic Relief Fund Law

Emergency Amendments (BC02-24-21-A)

Oneida General Welfare Law

Emergency Amendments (BC02-10-21-B)

Oneida General Welfare Law

Emergency Extension (BC-0728-21-M)

Oneida General Welfare Law

(BC-12-08-21-A)

Oneida Land Trust Law

Oneida Language Code

Oneida Life Insurance Plan

Law Emergency Adoption (BC09-28-22-C)

Oneida Life Insurance Plan

Law

Oneida Nation Arts Board

Bylaws Amendments

Oneida Nation Assistance Fund

Law Emergency Adoption (BC06-08-22-A)

Oneida Nation Assistance Fund

Law (BC-11-30-22-A)

Oneida Nation Emergency

Planning Committee Bylaws

Amendments (1-27-21)

Oneida Nation Emergency

Planning Committee Bylaws

Amendments

Oneida Nation Gaming

Ordinance Emergency

Amendments (BC-05-12-21-D)

Oneida Nation Gaming

Ordinance Emergency

Extension (BC-11-10-21-A)

Oneida Nation Gaming

Ordinance Amendments (BC05-11-22-C)

Oneida Nation Veterans Affairs

Committee Bylaws

Amendments

Oneida Personnel Commission

Bylaws Amendments

Oneida Personnel Policies and

Procedures Emergency

Amendments (BC-11-24-21-A)

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Oneida Personnel Policies and

Procedures Emergency

Amendments (BC-05-1

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