# Oneida Business Committee (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A170d283475a64ea4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 72 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center January 4, 2023 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. December 21, 2022 LOC Meeting Minutes (pg. 2) III. Current Business 1. Drug and Alcohol Free Workplace Law Amendments (pg. 4) 2. Emergency Management Law Amendments (pg. 31) IV. New Submissions 1. Elder Abuse Code (pg. 47) V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 72 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center December 21, 2022 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, Nancy Barton, Ray Skenandore, Keith Doxtator, Joy Salzwedel (Microsoft Teams), Carl Artman (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Michelle Tipple (Microsoft Teams), Shannon Davis (Microsoft Teams), Tina Jorgenson (Microsoft Teams), Todd VandenHeuvel (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Eric Boulanger (Microsoft Teams) I. Call to Order and Approval of the Agenda David P. Jordan called the December 21, 2022, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Cornelius to adopt the agenda as is; seconded by Jennifer Webster. Motion carried unanimously. II. Minutes to be Approved 1. December 7, 2022 LOC Meeting Minutes Motion by Marie Cornelius to approve the December 7, 2022, LOC meeting minutes and forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried unanimously. III. Current Business 1. Drug and Alcohol Free Workplace Law Amendments Motion by Jennifer Webster to approve the legislative analysis of the Drug and Alcohol Free Workplace law amendments; seconded by Daniel Guzman King. Motion carried unanimously. 2. Election Law Emergency Amendments Motion by Marie Cornelius to approve the Election law emergency amendments adoption packet and forward to the Oneida Business Committee for consideration; seconded by Jennifer Webster. Motion carried unanimously. A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of December 21, 2022 Page 1 of 2 ~ ONEIDA 3 of 72 IV. New Submissions 1. Two Spirit Inclusion Law Motion by Marie Cornelius to add the Two Spirit Inclusion law to the Active Files List with Jennifer Webster as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. V. Additions VI. Administrative Items VII. Executive Session VIII. Adjourn Motion by Daniel Guzman King to adjourn at 9:40 a.m.; seconded by Marie Cornelius. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of December 21, 2022 Page 2 of 2 4 of 72 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee January 4, 2023 Drug and Alcohol Free Workplace Law Amendments Submission Date: 9/7/22 LOC Sponsor: Kirby Metoxen Public Meeting: N/A Emergency Enacted: N/A Summary: On August 30, 2022, the Legislative Operating Committee received a request from the Human Resources Department to add the Drug and Alcohol Free Workplace law amendments to its Active Files List. It is the policy of the Nation to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. HRD indicated that with the Benton – Pre-Employment Drug Testing petition currently pending – which requests to remove or lower THC from the pre-employment drug testing requirements - they were directed by the Oneida Business Committee to work with the Oneida Law Office on potential proposed language to address this petition. HRD is requesting that the LOC now add this legislative item to the Active Files List so that the HRD can collaborate with the LOC on the consideration of potential amendments moving forward. The Legislative Operating Committee added this item to its Active Files List on September 7, 2022. 9/7/22 LOC: Motion by Marie Summers to add the Drug and Alcohol Free Workplace law amendments to the Active Files List with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. 10/31/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Carl Artman, Peggy Van Gheem, Todd Vandenheuvel, Matt Denny, Nic Reynolds, Josh Cottrell, Wendy Alvarez, Louise Cornelius, Lucy Neville, Brenda MendollaBuckley, Fawn Rasmussen, Kristal Hill, Rhiannon Metoxen. The purpose of this work meeting is to begin the consideration of potential amendments to the Drug and Alcohol Free Workplace law by reviewing and discussing the options for amendments provided by the Oneida Law Office. 11/15/22: Work Meeting. Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Carl Artman, Peggy Van Gheem, Todd Vandenheuvel, Matt Denny, Nic Reynolds, Josh Cottrell, Wendy Alvarez, Lucy Neville, Lorna Skenandore, Chad Fuss, Fawn Rasmussen, Mary Cornelissen, Kristal Hill. The purpose of this work meeting was to continue the consideration of potential amendments to the Drug and Alcohol Free Workplace law by deciding on an option for amendments provided by the Oneida Law Office. 12/1/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Daniel Guzman King, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the updated proposed language for the amendments, as well as the Waiver of Exemption of Positive THC Test Results for Pre-Employment Drug Testing resolution. Page 1 of 2 A good mind. A good heart. A strong fire. 5 of 72 12/7/2 LOC: Motion by Jennifer Webster to approve the draft of the Drug and Alcohol Free Workplace law amendments and direct that a legislative analysis be completed; seconded by Daniel Guzman King. Motion carried unanimously. 12/21/22 LOC: Motion by Jennifer Webster to approve the legislative analysis of the Drug and Alcohol Free Workplace law amendments; seconded by Daniel Guzman King. Motion carried unanimously. Next Steps:  Approve the public meeting packet for the proposed amendments to the Drug and Alcohol Free Workplace law and schedule a public meeting to be held on February 15, 2022. A good mind. A good heart. A strong fire. Page 2 of 2 ~ ONEIDA 6 of 72 ONEIDA NATION PUBLIC MEETING NOTICE WEDNESDAY, FEBRUARY 15, 2023 Find Public Meeting Materials at Oneida-nsn.gov/government/register/public meetings Send Public Comments to LOC@oneidanation.org 12:15 pm Ask Questions here Norbert Hill Center-Business Committee Conference Room N7210 Seminary Rd., Oneida, Wisconsin LOC@oneidanation.org 920-869-4417 DRUG AND ALCOHOL FREE WORKPLACE LAW AMENDMENTS The purpose of the Drug and Alcohol Free Workplace law is to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. Amendments to this law are being proposed to provide that an external applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative drug test result for pre-employment eligibility in certain circumstances. Individuals may attend the public meeting for the proposed amendments to the Drug and Alcohol Free Workplace law in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org. If the Norbert Hill Center’s Administrative Offices guidelines prohibits a public meeting from being held in person on February 15, 2023, based on the COVID-19 Community levels in Brown and Outagamie Counties, then the public meeting will be held solely on Microsoft Teams. PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, FEBRUARY 22, 2023 During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail. ft For more information on the proposed amendments to the Drug and Alcohol Free Workplace law please review the public meeting packet at oneida-nsn.gov/government/register/public meetings. 7 of 72 Analysis to Draft 1 – PM Draft 2023 01 04 DRUG AND ALCOHOL FREE WORKPLACE LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 Analysis by the Legislative Reference Office  Provide that an external applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative drug test result for pre-employment eligibility in certain circumstances. [2 O.C. 202.8-4(a)].  For Gaming positions, an external applicant receiving a confirmed positive test result for THC may qualify for employment if the position mandates a background check in accordance with 5 O.C. 501.10; the position mandates licensing in accordance with 5 O.C. 501.11; and the position does not require a commercial driver’s license or job-related driving. [2 O.C. 202.8-4(a)(1)].  For Non-Gaming positions, an external applicant receiving a confirmed positive test result for THC may qualify for employment if the position has not been identified as an employee position which waived the exemption for positive THC test results. [2 O.C. 202.84(a)(2)].  Require the Oneida Business Committee to adopt through resolution a list of all the non-gaming employment positions that waive the exemption for positive THC test results. [2 O.C. 202.8-4(a)(2)(A)]. The purpose of this law is to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2]. Human Resources Department, Oneida Nation employees. A public meeting has not yet been held. A fiscal impact statement has not yet been requested. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Drug and Alcohol Free Workplace law was adopted by the Oneida Business Committee in 1994 through resolution BC-10-25-95-A and then amended through resolutions BC-1020-99-A, BC-12-05-07-B, BC-12-11-13-F, and BC-04-12-17-C. The purpose of the Drug and Alcohol Free Workplace law is to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2]. B. Request for Amendments. On August 30, 2022, the Legislative Operating Committee received a request from the Human Resources Department to add the Drug and Alcohol Free Workplace law amendments to its Active Files List. The Human Resources Department indicated that with the Benton – Pre-Employment Drug Testing petition currently pending – which requests to remove THC from the pre-employment drug testing requirements, they were directed by the Oneida Business Committee to work with the Oneida Law Office on potential proposed language to address this petition. The Legislative Operating Committee added this item to its Active Files List on September 7, 2022. 14 Page 1 of 4 8 of 72 Analysis to Draft 1 – PM Draft 2023 01 04 15 16 17 18 19 20 21 22 23 24 25 SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of the amendments to the Law and this legislative analysis:  Oneida Law Office;  Human Resources Department;  Gaming; and  Employee Health Nursing. B. The following laws were reviewed in the drafting of this analysis:  Drug and Alcohol Free Workplace law;  Oneida Personnel Policies and Procedures. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 4. PROCESS 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 SECTION 5. CONTENTS OF THE LEGISLATION A. The development of the proposed amendments to the Drug and Alcohol Free Workplace law complies with the process set forth in the Legislative Procedures Act (LPA).  On September 7, 2022, the Legislative Operating Committee added the Law to its Active Files List.  On December 7, 2022, the Legislative Operating Committee approved the draft of the proposed amendments to the Law and directed that a legislative analysis be developed.  On December 21, 2022, the Legislative Operating Committee approved the legislative analysis. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of the amendments to this Law:  October 31, 2022: LOC work meeting with the Oneida Law Office, Human Resources Department, and Gaming.  November 15, 2022: LOC work meeting with the Oneida Law Office, Human Resources Department, and Gaming.  December 1, 2022: LOC work session. A. Pre-Employment Drug Testing. Currently, the Law provides that each employee, as a condition of employment, shall participate in pre-employment, reasonable suspicion, and follow-up testing upon the request of an appropriate authority, and that a negative test result is required for employment eligibility. The proposed amendments focus specifically on pre-employment drug testing and how positive THC test results are address by the Nation. The proposed amendments to the Law require that all external applicants participate in pre-employment drug testing, and that a negative drug test result shall be required for employment eligibility. [2 O.C. 202.8-4]. The Law then further provides that an external applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative drug test result for employment eligibility in certain circumstances. [2 O.C. 202.8-4(a)]. For Gaming positions, an external applicant receiving a confirmed positive test result for THC may qualify for employment if the position mandates a background check in accordance with 5 O.C. 501.10; the position mandates licensing in accordance with 5 O.C. 501.11; and the position does not require a commercial driver’s license or job-related driving. [2 O.C. 202.8-4(a)(1)]. For Non-Gaming positions, an external applicant receiving a confirmed positive test result for THC may qualify for employment if the position has not been identified as an employee position which waived the exemption for positive Page 2 of 4 9 of 72 Analysis to Draft 1 – PM Draft 2023 01 04 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 THC test results. [2 O.C. 202.8-4(a)(2)]. The Law then requires the Oneida Business Committee to adopt through resolution a list of all the non-gaming employment positions that waive the exemption for positive THC test results. [2 O.C. 202.8-4(a)(2)(A)]. The Law then maintains the requirement that each employee shall participate in reasonable suspicion and follow-up testing upon the request of an appropriate authority, and that a negative test result is required for unimpeded employment eligibility. [2 O.C. 202.8-5].  Effect. The proposed amendments to the Law allow an individual who is seeking employment with the Nation to still be eligible to be hired if the individual tests positive for THC in most situations, unless the position the individual is seeking is in an area that has waived this exemption for positive THC test results. SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to the proposed amendments to the Law:  Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and Procedures is to provide for the Nation’s employee related policies and procedures including recruitment, selection, compensation and benefits, employee relations, safety and health, program and enterprise rules and regulations, and record keeping.  Section V.D.3 of the Oneida Personnel Policies and Procedures provides that the Drug and Alcohol Free Workplace Policy shall govern disciplinary actions warranting termination for drug and alcohol related violations. 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 SECTION 7. OTHER CONSIDERATIONS A. Waiver of Exemption of Positive THC Test Results for Pre-Employment Drug Testing. The proposed amendments to the Law require the Oneida Business Committee to adopt through resolution a list of all the non-gaming employment positions that waive the exemption for positive THC test results. [2 O.C. 202.8-4(a)(2)(A)]. The Legislative Operating Committee has begun collaborating on the development of this resolution with the Human Resources Department and the Oneida Law Office. Thus far, the language included in the proposed resolution provides that the following non-gaming employment positions waive the exemption for positive THC test results: any position which requires a commercial driver’s license or where driving is a primary function or responsibility of the employee position; any position within Oneida Comprehensive Health Division; any position within the Oneida Police Department; and any position which requires regular contact with or control over children. This means that the above-mentioned positions do not allow a positive THC test result for pre-employment eligibility.  Conclusion. The Legislative Operating Committee will need to prepare this resolution to be presented to the Oneida Business Committee for consideration of adoption when the proposed amendments are presented to the Oneida Business Committee. B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further clarification on who the Legislative Operating Committee may direct complete Page 3 of 4 10 of 72 Analysis to Draft 1 – PM Draft 2023 01 04 100 101 102 103 104 a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement.  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact statement be completed. Page 4 of 4 11 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 Title 2. Employment – Chapter 202 DRUG AND ALCOHOL FREE WORKPLACE 202.1. Purpose and Policy 202.2. Adoption, Amendment, Repeal 202.3. Definitions 202.4. Application 202.5. Shared Responsibility 202.6. Prohibited Behavior 202.7. Reasonable Suspicion 202.8. Drug and Alcohol Testing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 202.9. Refusal to Test 202.10. Reasonable Suspicion Testing Waiting Period 202.11. Consequences for Prohibited Behavior 202.12. Re-hire 202.13. Other Potential Consequences 202.14. Confidentiality 202.15. Communication 202.1. Purpose and Policy 202.1-1. Purpose. The Nation is committed to protecting the safety, health and well-being of all employees, and other individuals in the workplace. The Nation recognizes that alcohol abuse and drug use pose a significant health and safety threat to our customers and other employees. The Nation also recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Nation realizes that early intervention and support may improve the success of rehabilitation. 202.1-2. Policy. It is the policy of the Nation to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. The Nation encourages employees to voluntarily seek help for their personal drug and alcoholrelated problems. 202.2. Adoption, Amendment, Repeal 202.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-25-95-A and amended by resolutions BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F and, BC-04-12-17C., and BC-__-__-__-__. 202.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 202.2-3. 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. 202.2-4. 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. 202.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 202.3. Definitions 202.3-1. This section shall govern the definitions of words or phrases as used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Appropriate authority” means the Human Resources Department hiring representative, immediate supervisor, EHN, MRO, and/or ONEAP who requests the drug and/or alcohol testing for reasons of pre-employment, reasonable suspicion, and/or follow-up testing. (b) “Business day” means Monday through Friday from 8:00am-4:30pm, excluding holidays recognized by the Nation. (c) “Confirmed positive test result” means a lab-confirmed drug test that is verified by the MRO that exceeds the cut-off levels established by this law (levels established by the United States Department of Health and Human Services), confirmed saliva testing, confirmed evidential breath alcohol test results of 0.02 or greater; and/or refusal to test. 2 O.C. 202 – Page 1 12 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 (d) “EHN” means the Oneida Employee Health Nursing Department. (e) “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. (f) “External applicant” means a person who is applying for a position and not currently employed by the Nation. (g) “HRD” means the Human Resources Department and/or representatives performing Human Resources functions applicable to this law. (h) “Internal applicant” means a person who is applying for a position who is currently employed by the Nation, this includes those employed under a temporary status. (i) “MRO” means Medical Review Officer who is a licensed physician who is responsible for receiving and reviewing laboratory test results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results. (j) “Nation” means the Oneida Nation. (k) “NHTSA” means the National Highway Traffic Safety Administration. (l) “ONEAP” means the Oneida Nation Employee Assistance Program which is a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (m) “Prohibited drug(s)” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. This also includes prescription medication or over-the-counter medicine used in an unauthorized or unlawful manner. (n) “Return-to-Work Agreement” means an agreement, developed by an ONEAP counselor and signed by the employee and the ONEAP counselor, and the referring supervisor, which sets out the actions the employee needs to complete in order to return to work and remain employed. (o) “SAMHSA” means the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. (p) “Supervisor” means the immediate supervisor, or person who has taken on the role of supervisor due to an absence that is responsible for performance review, corrective action, and day-to-day assignments of duties. (q) “Work-related accident” means an unexpected event involving an employee that occurs in the employee’s working environment or during an activity related to work, that: (1) results in an injury to the employee or another person that may require medical intervention by a police officer or emergency medical technician, or treatment at a medical facility, (2) results in death of the employee or another person, or (3) involves any property damage. 2 O.C. 202 – Page 2 13 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 202.4. Application 202.4-1. This law applies to all applicants for employment, whether external or internal, and all employees during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. 202.4-2. An employee is prohibited from the use of prohibited drugs and alcohol during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. 202.4-3. An employee is prohibited from the use of intoxicants while on official business travel while the conference or meeting is in session. 202.4-4. An employee is not exempted from this law if they travel to another state, territory or country where the use of certain drugs is legal. 202.5. Shared Responsibility 202.5-1. A safe and productive drug and alcohol free workplace is achieved through cooperation and shared responsibility between the employer and an employee. 202.5-2. Employee. It is the employee’s responsibility to: (a) Be free from the effects of prohibited drugs, and/or alcohol during working hours, and/or when scheduled to be on-call. (b) Refrain from the unlawful manufacture, distribution, dispensation or possession of any prohibited drugs while working. (c) Comply with drug and alcohol testing if directed to do so upon the request of an appropriate authority. (d) Confidentially report suspicious behavior of an employee immediately to the supervisor of the employee in question. (e) Cooperate with the requests made by EHN and the MRO. The employee shall return the call of the MRO within twenty-four (24) hours of the call being made to the employee. An employee who fails to cooperate and does not contact the MRO within twenty-four (24) hours of receiving contact shall not receive back pay for any time between the date the MRO placed the call until the time the employee does return the call of the MRO. (f) Sign a consent form to be tested for alcohol and drugs when requested by an appropriate authority. (g) Provide the appropriate information to EHN in the event a medical condition prevents the employee from properly completing drug and alcohol testing so alternative drug and alcohol testing measures can be taken by EHN. 202.5-3. Supervisor. It is the supervisor’s responsibility to: (a) Be familiar with this law and any related policies and procedures. (b) Investigate reported suspicious behaviors while maintaining the confidentiality of the person who reported the suspicious behavior. (c) Promptly intervene with an employee who is believed to be under the influence of prohibited drugs and/or alcohol. (d) Monitor the employee under the influence of prescription and/or over-the-counter medications that could compromise the safety of the employee, fellow employees, or the public. (e) Send the employee through the contracted transportation service for reasonable suspicion drug and alcohol testing. 2 O.C. 202 – Page 3 14 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 (f) Take appropriate action as outlined by this law. (g) Sign the Return-to-Work Agreement along with the employee and ONEAP counselor that was developed by ONEAP. (h) Send a copy of the consent to submit to drug and alcohol testing form signed by the employee to EHN. 202.5-4. Supervisor and Employee. A supervisor or an employee that fails to adhere to the responsibilities of the supervisor or employee under this law may be subject to disciplinary action or other consequences as explained in section 202.13. 202.5-5. Off-duty Use of Prohibited Drugs or Alcohol. Off-duty use of prohibited drugs or alcohol may result in continued impairment during on-duty hours, which shall then constitute a violation of this law. It is the employee’s responsibility to understand the consequences of off-duty use, and take steps to avoid the possibility of on-duty impairment. An employee who is called in for emergency or unplanned work, excluding those on-call, and has been using prohibited drugs or drinking alcoholic beverages prior to such a call, shall inform the employee’s supervisor they cannot report, and shall continue to decline to report until the effects of the prohibited drugs or alcohol have left the employee’s system. Such refusal to report shall not be viewed as improper, and disciplinary action shall not arise from such refusal. 202.5-6. Use of Controlled Substances That May Affect Safety or Performance. An employee who is taking or is under the influence of any controlled substances during working hours, including prescription medication or over the counter medication, which may affect the employee’s job performance or safety of the employee, fellow employees, public, or assets of the Nation have the following obligations: (a) The employee shall notify the employee’s immediate supervisor about the use of the substance and possible work-related effects prior to commencing work. (b) Upon request, the employee may be required to obtain a written statement of any work restrictions or impact on performance or safety relating to the legal substances from the employee’s physician or pharmacist. (c) An employee shall not sell or share his or her prescribed medications with any other person, and shall not take medications that are prescribed to another person. (d) It may be necessary for the employee’s supervisor, area manager or EHN to consult with the employee’s personal physician, pharmacist or an MRO, with the employee’s approval or written authorization, to determine if the medication might impact the employee’s ability to perform the employee’s job, or pose a hazard to other employees or to the general public. (e) The employee’s duties may be temporarily modified for up to one hundred eighty (180) days. Any modification of duties shall result in the appropriate modification of pay as established by the Human Resources Department. 202.6. Prohibited Behavior 202.6-1. An applicant or employee of the Nation is in violation of this law if he or she: (a) Uses, possesses, and/or sells prohibited drugs, or is under the influence of prohibited drugs or alcohol while on duty. Notwithstanding section 202.11, any employee who is caught using, possessing or selling prohibited drugs shall be immediately terminated from employment with the Nation. 2 O.C. 202 – Page 4 15 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 (b) Fails to inform his or her supervisor of being under the influence of prescription medication and/or over-the-counter medication(s) which may affect the employee’s job performance or safety of the employee, fellow employees, public, or assets of the Nation. (c) Uses unauthorized prescription drugs or intentionally misuses and/or abuses prescription medications. (d) Refuses to test. (e) Has a confirmed positive test result after completing a drug and/or alcohol test through EHN or a medical facility, or has a confirmatory test come back as positive. 202.7. Reasonable Suspicion 202.7-1. Establishing reasonable suspicion begins when the supervisor becomes aware either by personal observation and/or secondary reported observation that an employee may be under the influence of drugs and/or alcohol: this may include seeing or receiving a report that the employee has taken or possess prohibited drugs or prescription medication that is not specifically prescribed to that employee. In order to make a reasonable suspicion determination, the supervisor shall evaluate the following: (a) Specific observations concerning appearance, behavior, speech, or body odors of the employee consistent with possible drug use or alcohol misuse. (b) The observations may include indications of the chronic and withdrawal effects of prohibited drugs or alcohol. 202.7-2. The supervisor shall document his or her observations and discuss the matter with the employee. During this discussion, the supervisor may ask the employee for proof of a prescription. The employee shall comply with this request. If after a discussion with the employee, the supervisor continues to suspect the employee may currently still be under the influence or reasonable suspicion is otherwise established, the supervisor shall refer the employee for reasonable suspicion drug and alcohol testing. 202.7-3. A supervisor’s decision made in regard to the reasonable suspicion drug and alcohol testing of an employee is final. An employee shall not appeal or challenge a supervisor’s determination for reasonable suspicion drug and alcohol testing. 202.8. Drug and Alcohol Testing 202.8-1. Drug and alcohol tests are forensic in nature, meaning they are performed to formalize conditions of employment as described in this law. To ensure the accuracy and fairness of this law, all drug and alcohol testing shall be conducted according to SAMHSA guidelines for Federal Workplace Drug Testing Programs. 202.8-2. EHN or its designee shall use Federal Drug Administration approved urine tests and NHTSA certified evidential breath testing devices or NHTSA certified saliva-screening devices, operated by technicians whose training terminology, procedures, methods, equipment, forms, and quality assurance comply with best practices. (a) Confirmation drug testing done on urine specimens shall be conducted by a laboratory which is certified by the U.S. Department of Health and Human Services using its confirmation methods and established cut-off levels. Laboratory-confirmed results shall undergo the verification process by a MRO. (b) Confirmation breath alcohol testing shall be performed using an NHTSA certified evidential breath testing device. 2 O.C. 202 – Page 5 16 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 (c) Confirmation drug testing done by saliva testing shall be performed using an NHTSA certified saliva test. 202.8-3. If an employee is involved in a work-related accident, he or she shall immediately inform his or her supervisor of the accident. 202.8-4. Each employee, as a condition of employment,All external applicants shall participate in pre-employment, reasonable suspicion, and follow-up drug testing upon the request of an appropriate authority.. A negative drug test result shall be required for employment eligibility. (a) Exemption for Positive THC Test Result. An external applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative drug test result for employment eligibility in the following circumstances: (1) External Applicants for Gaming Positions. An external applicant receiving a confirmed positive test result for THC may qualify for employment if: (A) the position mandates a background check in accordance with 5 O.C. 501.10; (B) the position mandates licensing in accordance with 5 O.C. 501.11; and (C) the position does not require a commercial driver’s license or job-related driving. (2) External Applicants for Non-Gaming Positions. An external applicant receiving a confirmed positive test result for THC may qualify for employment if the position has not been identified as an employee position which waived the exemption for positive THC test results. (A) The Oneida Business Committee shall adopt through resolution a list of all the non-gaming employment positions that waive the exemption for positive THC test results. 202.8-5. Each employee shall participate in reasonable suspicion and follow-up testing upon the request of an appropriate authority. A negative test result is required for unimpeded employment eligibility. 202.8-6. Dilution of Test Results. In cases where a drug test result is diluted, a positive dilute of the test result requires that the applicant or employee shall be given a confirmed positive test result, while a negative dilute of the test result requires retesting. EHN shall notify the applicant or employee of the required retesting. (a) If the re-test results in a negative-dilute, the applicant or employee shall be given a negative test result. (b) If the re-test results in a positive-dilute, then the applicant or employee shall be given a positive test result. 202.9. Refusal to Test 202.9-1. Refusal to test is prohibited behavior as defined in section 202.6. Refusal to test carries the same consequences as a confirmed positive test result. Examples of refusal to test include, but are not limited to: (a) Substituting, adulterating (falsifying), or diluting the specimen. (b) Refusal to sign the required forms. (c) Refusal to cooperate in the testing process in such a way that prevents completion of accurate testing and as directed by the collector. (d) Failing to remain at the testing site until the testing process is complete. 2 O.C. 202 – Page 6 17 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 (e) Providing an insufficient sample of urine or breath. (f) Failing to test or to re-test. (g) Failing to appear within two (2) hours after an order or request is made for testing or retesting. (h) Behaving in a confrontational or discourteous manner that disrupts the collection process. 202.10. Reasonable Suspicion Testing Waiting Period 202.10-1. This section applies only to current employees who meet the reasonable suspicion standard. It does not apply to applicants of the Nation. 202.10-2 During drug and alcohol testing for reasonable suspicion, an employee shall be immediately removed from duty without pay at the time of initiation of the reasonable suspicion drug and alcohol testing and specimen collection until the employer is notified by EHN of negative results on both the drug and alcohol tests, or MRO-verified negative test results. 202.10-3. When confirmation of test results are made available to the employer, the supervisor shall notify the employee by telephone and by certified mail using the contact information provided by the employee. The notice to the employee shall identify a reinstatement date if the test was confirmed negative, or applicable consequences if the test was confirmed positive. If the employee is reinstated, back pay shall be provided in accordance with the Back Pay law. However, if the employee fails to return to work on the assigned reinstatement date as instructed in the notice from the supervisor, the supervisor shall discipline the employee in accordance with the Nation’s laws, rules and policies governing employment, unless an extension is granted in writing by the supervisor along with the reason for the extension. An employee who is ultimately terminated for failure to return to work on his or her assigned reinstatement date shall not be eligible for employment for one (1) year after the date of termination. 202.11. Consequences for Prohibited Behavior 202.11-1. Either an internal applicant or an external applicant may decline the position at any time before being directed to EHN or other designated testing site for the applicant’s drug and alcohol testing. 202.11-2. External Applicant. If an external applicant fails to show at the testing site within the time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section 202.6 that has been documented, the employment offer shall be withdrawn. An external applicant shall not be eligible for hiring consideration for one hundred eighty (180) days from the date of the urine drug screening test. 202.11-3. Internal Applicant. If an internal applicant fails to show at the testing site within the time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section 202.6, the employment offer shall be withdrawn. The applicant shall be removed from duty and subject to respective consequences of this law. The applicant shall not be eligible for hiring consideration in a different position for one hundred eighty (180) days from the date of the urine drug screening test. 202.11-4. Employee. If an employee has engaged in prohibited behavior as listed in section 202.61, and/or fails to cooperate by not responding to contact from the MRO within ten (10) business days (which shall be deemed thereafter as a definite positive test), the employee shall be removed from duty and subject to the respective consequences of this law. 202.11-5. Consequences. 2 O.C. 202 – Page 7 18 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 (a) First Violation. (1) Any employee who engages in prohibited behavior as defined in section 202.6 for the first time shall be removed from duty without pay and shall receive a mandatory referral to ONEAP for an assessment. The ONEAP shall also determine if the employee shall be subject to return-to-duty/follow-up testing. If follow-up testing is required, the testing shall be at the employee’s expense. (2) The employee shall sign a Return-to-Work Agreement and submit the agreement to his or her supervisor within ten (10) days or the employee shall be terminated and ineligible for re-hire for one (1) year. (A) When the supervisor signs the Return-to-Work Agreement the employee shall be placed back on the work schedule by the next regularly scheduled workday. (3) Failure to comply with the signed Return-to-Work Agreement shall result in the employee being terminated and ineligible for re-hire for one (1) year. (b) Second Violation. (1) Any employee who engages in prohibited behavior as defined in section 202.6 a second time within his or her lifetime of employment with the Nation shall be removed from duty without pay and shall receive a mandatory referral to ONEAP for an assessment. (2) The employee shall sign a Return-to-Work Agreement and submit it to the employee’s supervisor for signature within ten (10) days or the employee shall be terminated and ineligible for re-hire for one (1) year. After a second violation the employee shall not be placed back on the work schedule until: (A) The employee receives approval from the ONEAP that they have demonstrated sufficient progress in a treatment program that would indicate the employee is drug and alcohol free within thirty (30) days of the employee being removed from duty; and (B) The employee completes a return-to-duty drug screening and alcohol test at a SAMHSA-certified facility at their own expense, which shall be negative within thirty (30) days of the employee being removed from duty; (C) The ONEAP notifies the supervisor of the employee’s eligibility to return to work. (3) As a condition of continuing employment, the employee shall participate in follow-up testing with continued negative results as directed by the ONEAP and listed in the Return-to-Work Agreement. All follow-up testing shall be at the employee’s expense. (4) Failure to comply with the Return-to-Work agreement or follow up testing shall result in the employee being terminated and ineligible for re-hire for one (1) year. (c) Third Violation. (1) Any employee who engages in prohibited behavior as defined in section 202.6 a third time in his or her lifetime of employment with the Nation shall be terminated. The employee shall not be eligible for employment unless he or she receives a forgiveness pursuant to the Pardon and Forgiveness law. An employee that receives forgiveness shall not be eligible for re-hire for one (1) year after the date of termination. 2 O.C. 202 – Page 8 19 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 202.12. Re-hire 202.12-1. A former employee that was terminated due to violations of this law shall provide, along with the former employee’s application for employment, the following: (a) Proof of completion of a certified Alcohol and Other Drug Abuse program; and (b) A negative drug screening and alcohol test at a SAMHSA-certified facility completed within the last thirty (30) days. This drug screening and alcohol test shall be done at the former employee’s own expense. 202.13. Other Potential Consequences 202.13-1. The violation of this law may result in consequences to the employee beyond any discipline or corrective action that may be taken. Other potential consequences include the following: (a) Disqualification of Unemployment Benefits. An employee who is terminated as a result of a violation of this law may be ineligible for unemployment benefits. (b) Reduction of Workers Compensation Benefits. An employee who incurs an injury in a work-related accident that occurred while engaged in a violation of this law may have any workers compensation benefits reduced. (c) Criminal Penalties. An employee whose conduct violates state or federal criminal laws may be referred to appropriate law enforcement for criminal prosecution. (d) Liability for Accidents. An employee whose conduct in violation of this law causes an accident may be held personally responsible for losses associated with the accident, and the employee may be required to pay for those losses. 202.14. Confidentiality 202.14-1. Information related to the application of this law is confidential. Access to this information is limited to those who have a legitimate “need to know” in compliance with relevant laws and personnel policies and procedures. 202.14-2. All drug and alcohol testing information shall be maintained at EHN in confidential records which are separate from the employee’s clinical and personnel files. The employee may request a copy of the employee’s records. The records may be requested by a third party in accordance with the Oneida Nation’s laws, rules and policies governing employment. 202.15. Communication 202.15-1. HRD shall communicate this law to all employees to ensure all employees are aware of their role in supporting this law: (a) All employees shall be given information on how to access this law. (b) This law shall be reviewed in new employee orientation and other means, as deemed appropriate by HRD. (c) All employees shall sign an acknowledgment form stating they have received a copy of this law, have read and understand it, and agree to follow this law. End. See GTC-01-31-94-B Adopted – BC-08-17-94 2 O.C. 202 – Page 9 20 of 72 Draft 1(Redline to Current) – PM Draft 2023 02 15 398 399 400 401 402 403 404 405 406 Emergency Amended - BC-04-20-95-C Adopted - BC-10-25-95-A (repealed previous versions) Amended - BC-10-20-99-A Amended - BC-12-05-07-B Amended - BC-12-11-13-F Emergency Amended - BC-10-26-16-D Amended - BC-04-12-17-C Amended – BC-__-__-__-__ 2 O.C. 202 – Page 10 21 of 72 Draft 1 – PM Draft 2023 02 15 Title 2. Employment – Chapter 202 DRUG AND ALCOHOL FREE WORKPLACE 202.1. Purpose and Policy 202.2. Adoption, Amendment, Repeal 202.3. Definitions 202.4. Application 202.5. Shared Responsibility 202.6. Prohibited Behavior 202.7. Reasonable Suspicion 202.8. Drug and Alcohol Testing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 202.9. Refusal to Test 202.10. Reasonable Suspicion Testing Waiting Period 202.11. Consequences for Prohibited Behavior 202.12. Re-hire 202.13. Other Potential Consequences 202.14. Confidentiality 202.15. Communication 202.1. Purpose and Policy 202.1-1. Purpose. The Nation is committed to protecting the safety, health and well-being of all employees, and other individuals in the workplace. The Nation recognizes that alcohol abuse and drug use pose a significant health and safety threat to our customers and other employees. The Nation also recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Nation realizes that early intervention and support may improve the success of rehabilitation. 202.1-2. Policy. It is the policy of the Nation to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. The Nation encourages employees to voluntarily seek help for their personal drug and alcoholrelated problems. 202.2. Adoption, Amendment, Repeal 202.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-25-95-A and amended by resolutions BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F, BC-04-12-17-C, and BC-__-__-__-__. 202.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 202.2-3. 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. 202.2-4. 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. 202.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 202.3. Definitions 202.3-1. This section shall govern the definitions of words or phrases as used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Appropriate authority” means the Human Resources Department hiring representative, immediate supervisor, EHN, MRO, and/or ONEAP who requests the drug and/or alcohol testing for reasons of pre-employment, reasonable suspicion, and/or follow-up testing. (b) “Business day” means Monday through Friday from 8:00am-4:30pm, excluding holidays recognized by the Nation. (c) “Confirmed positive test result” means a lab-confirmed drug test that is verified by the MRO that exceeds the cut-off levels established by this law (levels established by the United States Department of Health and Human Services), confirmed saliva testing, confirmed evidential breath alcohol test results of 0.02 or greater; and/or refusal to test. 2 O.C. 202 – Page 1 22 of 72 Draft 1 – PM Draft 2023 02 15 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 (d) “EHN” means the Oneida Employee Health Nursing Department. (e) “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. (f) “External applicant” means a person who is applying for a position and not currently employed by the Nation. (g) “HRD” means the Human Resources Department and/or representatives performing Human Resources functions applicable to this law. (h) “Internal applicant” means a person who is applying for a position who is currently employed by the Nation, this includes those employed under a temporary status. (i) “MRO” means Medical Review Officer who is a licensed physician who is responsible for receiving and reviewing laboratory test results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results. (j) “Nation” means the Oneida Nation. (k) “NHTSA” means the National Highway Traffic Safety Administration. (l) “ONEAP” means the Oneida Nation Employee Assistance Program which is a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (m) “Prohibited drug(s)” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. This also includes prescription medication or over-the-counter medicine used in an unauthorized or unlawful manner. (n) “Return-to-Work Agreement” means an agreement, developed by an ONEAP counselor and signed by the employee and the ONEAP counselor, and the referring supervisor, which sets out the actions the employee needs to complete in order to return to work and remain employed. (o) “SAMHSA” means the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. (p) “Supervisor” means the immediate supervisor, or person who has taken on the role of supervisor due to an absence that is responsible for performance review, corrective action, and day-to-day assignments of duties. (q) “Work-related accident” means an unexpected event involving an employee that occurs in the employee’s working environment or during an activity related to work, that: (1) results in an injury to the employee or another person that may require medical intervention by a police officer or emergency medical technician, or treatment at a medical facility, (2) results in death of the employee or another person, or (3) involves any property damage. 2 O.C. 202 – Page 2 23 of 72 Draft 1 – PM Draft 2023 02 15 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 202.4. Application 202.4-1. This law applies to all applicants for employment, whether external or internal, and all employees during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. 202.4-2. An employee is prohibited from the use of prohibited drugs and alcohol during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. 202.4-3. An employee is prohibited from the use of intoxicants while on official business travel while the conference or meeting is in session. 202.4-4. An employee is not exempted from this law if they travel to another state, territory or country where the use of certain drugs is legal. 202.5. Shared Responsibility 202.5-1. A safe and productive drug and alcohol free workplace is achieved through cooperation and shared responsibility between the employer and an employee. 202.5-2. Employee. It is the employee’s responsibility to: (a) Be free from the effects of prohibited drugs, and/or alcohol during working hours, and/or when scheduled to be on-call. (b) Refrain from the unlawful manufacture, distribution, dispensation or possession of any prohibited drugs while working. (c) Comply with drug and alcohol testing if directed to do so upon the request of an appropriate authority. (d) Confidentially report suspicious behavior of an employee immediately to the supervisor of the employee in question. (e) Cooperate with the requests made by EHN and the MRO. The employee shall return the call of the MRO within twenty-four (24) hours of the call being made to the employee. An employee who fails to cooperate and does not contact the MRO within twenty-four (24) hours of receiving contact shall not receive back pay for any time between the date the MRO placed the call until the time the employee does return the call of the MRO. (f) Sign a consent form to be tested for alcohol and drugs when requested by an appropriate authority. (g) Provide the appropriate information to EHN in the event a medical condition prevents the employee from properly completing drug and alcohol testing so alternative drug and alcohol testing measures can be taken by EHN. 202.5-3. Supervisor. It is the supervisor’s responsibility to: (a) Be familiar with this law and any related policies and procedures. (b) Investigate reported suspicious behaviors while maintaining the confidentiality of the person who reported the suspicious behavior. (c) Promptly intervene with an employee who is believed to be under the influence of prohibited drugs and/or alcohol. (d) Monitor the employee under the influence of prescription and/or over-the-counter medications that could compromise the safety of the employee, fellow employees, or the public. (e) Send the employee through the contracted transportation service for reasonable suspicion drug and alcohol testing. 2 O.C. 202 – Page 3 24 of 72 Draft 1 – PM Draft 2023 02 15 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 (f) Take appropriate action as outlined by this law. (g) Sign the Return-to-Work Agreement along with the employee and ONEAP counselor that was developed by ONEAP. (h) Send a copy of the consent to submit to drug and alcohol testing form signed by the employee to EHN. 202.5-4. Supervisor and Employee. A supervisor or an employee that fails to adhere to the responsibilities of the supervisor or employee under this law may be subject to disciplinary action or other consequences as explained in section 202.13. 202.5-5. Off-duty Use of Prohibited Drugs or Alcohol. Off-duty use of prohibited drugs or alcohol may result in continued impairment during on-duty hours, which shall then constitute a violation of this law. It is the employee’s responsibility to understand the consequences of off-duty use, and take steps to avoid the possibility of on-duty impairment. An employee who is called in for emergency or unplanned work, excluding those on-call, and has been using prohibited drugs or drinking alcoholic beverages prior to such a call, shall inform the employee’s supervisor they cannot report, and shall continue to decline to report until the effects of the prohibited drugs or alcohol have left the employee’s system. Such refusal to report shall not be viewed as improper, and disciplinary action shall not arise from such refusal. 202.5-6. Use of Controlled Substances That May Affect Safety or Performance. An employee who is taking or is under the influence of any controlled substances during working hours, including prescription medication or over the counter medication, which may affect the employee’s job performance or safety of the employee, fellow employees, public, or assets of the Nation have the following obligations: (a) The employee shall notify the employee’s immediate supervisor about the use of the substance and possible work-related effects prior to commencing work. (b) Upon request, the employee may be required to obtain a written statement of any work restrictions or impact on performance or safety relating to the legal substances from the employee’s physician or pharmacist. (c) An employee shall not sell or share his or her prescribed medications with any other person, and shall not take medications that are prescribed to another person. (d) It may be necessary for the employee’s supervisor, area manager or EHN to consult with the employee’s personal physician, pharmacist or an MRO, with the employee’s approval or written authorization, to determine if the medication might impact the employee’s ability to perform the employee’s job, or pose a hazard to other employees or to the general public. (e) The employee’s duties may be temporarily modified for up to one hundred eighty (180) days. Any modification of duties shall result in the appropriate modification of pay as established by the Human Resources Department. 202.6. Prohibited Behavior 202.6-1. An applicant or employee of the Nation is in violation of this law if he or she: (a) Uses, possesses, and/or sells prohibited drugs, or is under the influence of prohibited drugs or alcohol while on duty. Notwithstanding section 202.11, any employee who is caught using, possessing or selling prohibited drugs shall be immediately terminated from employment with the Nation. 2 O.C. 202 – Page 4 25 of 72 Draft 1 – PM Draft 2023 02 15 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 (b) Fails to inform his or her supervisor of being under the influence of prescription medication and/or over-the-counter medication(s) which may affect the employee’s job performance or safety of the employee, fellow employees, public, or assets of the Nation. (c) Uses unauthorized prescription drugs or intentionally misuses and/or abuses prescription medications. (d) Refuses to test. (e) Has a confirmed positive test result after completing a drug and/or alcohol test through EHN or a medical facility, or has a confirmatory test come back as positive. 202.7. Reasonable Suspicion 202.7-1. Establishing reasonable suspicion begins when the supervisor becomes aware either by personal observation and/or secondary reported observation that an employee may be under the influence of drugs and/or alcohol: this may include seeing or receiving a report that the employee has taken or possess prohibited drugs or prescription medication that is not specifically prescribed to that employee. In order to make a reasonable suspicion determination, the supervisor shall evaluate the following: (a) Specific observations concerning appearance, behavior, speech, or body odors of the employee consistent with possible drug use or alcohol misuse. (b) The observations may include indications of the chronic and withdrawal effects of prohibited drugs or alcohol. 202.7-2. The supervisor shall document his or her observations and discuss the matter with the employee. During this discussion, the supervisor may ask the employee for proof of a prescription. The employee shall comply with this request. If after a discussion with the employee, the supervisor continues to suspect the employee may currently still be under the influence or reasonable suspicion is otherwise established, the supervisor shall refer the employee for reasonable suspicion drug and alcohol testing. 202.7-3. A supervisor’s decision made in regard to the reasonable suspicion drug and alcohol testing of an employee is final. An employee shall not appeal or challenge a supervisor’s determination for reasonable suspicion drug and alcohol testing. 202.8. Drug and Alcohol Testing 202.8-1. Drug and alcohol tests are forensic in nature, meaning they are performed to formalize conditions of employment as described in this law. To ensure the accuracy and fairness of this law, all drug and alcohol testing shall be conducted according to SAMHSA guidelines for Federal Workplace Drug Testing Programs. 202.8-2. EHN or its designee shall use Federal Drug Administration approved urine tests and NHTSA certified evidential breath testing devices or NHTSA certified saliva-screening devices, operated by technicians whose training terminology, procedures, methods, equipment, forms, and quality assurance comply with best practices. (a) Confirmation drug testing done on urine specimens shall be conducted by a laboratory which is certified by the U.S. Department of Health and Human Services using its confirmation methods and established cut-off levels. Laboratory-confirmed results shall undergo the verification process by a MRO. (b) Confirmation breath alcohol testing shall be performed using an NHTSA certified evidential breath testing device. 2 O.C. 202 – Page 5 26 of 72 Draft 1 – PM Draft 2023 02 15 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 (c) Confirmation drug testing done by saliva testing shall be performed using an NHTSA certified saliva test. 202.8-3. If an employee is involved in a work-related accident, he or she shall immediately inform his or her supervisor of the accident. 202.8-4. All external applicants shall participate in pre-employment drug testing. A negative drug test result shall be required for employment eligibility. (a) Exemption for Positive THC Test Result. An external applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative drug test result for employment eligibility in the following circumstances: (1) External Applicants for Gaming Positions. An external applicant receiving a confirmed positive test result for THC may qualify for employment if: (A) the position mandates a background check in accordance with 5 O.C. 501.10; (B) the position mandates licensing in accordance with 5 O.C. 501.11; and (C) the position does not require a commercial driver’s license or job-related driving. (2) External Applicants for Non-Gaming Positions. An external applicant receiving a confirmed positive test result for THC may qualify for employment if the position has not been identified as an employee position which waived the exemption for positive THC test results. (A) The Oneida Business Committee shall adopt through resolution a list of all the non-gaming employment positions that waive the exemption for positive THC test results. 202.8-5. Each employee shall participate in reasonable suspicion and follow-up testing upon the request of an appropriate authority. A negative test result is required for unimpeded employment eligibility. 202.8-6. Dilution of Test Results. In cases where a drug test result is diluted, a positive dilute of the test result requires that the applicant or employee shall be given a confirmed positive test result, while a negative dilute of the test result requires retesting. EHN shall notify the applicant or employee of the required retesting. (a) If the re-test results in a negative-dilute, the applicant or employee shall be given a negative test result. (b) If the re-test results in a positive-dilute, then the applicant or employee shall be given a positive test result. 202.9. Refusal to Test 202.9-1. Refusal to test is prohibited behavior as defined in section 202.6. Refusal to test carries the same consequences as a confirmed positive test result. Examples of refusal to test include, but are not limited to: (a) Substituting, adulterating (falsifying), or diluting the specimen. (b) Refusal to sign the required forms. (c) Refusal to cooperate in the testing process in such a way that prevents completion of accurate testing and as directed by the collector. (d) Failing to remain at the testing site until the testing process is complete. (e) Providing an insufficient sample of urine or breath. 2 O.C. 202 – Page 6 27 of 72 Draft 1 – PM Draft 2023 02 15 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 (f) Failing to test or to re-test. (g) Failing to appear within two (2) hours after an order or request is made for testing or retesting. (h) Behaving in a confrontational or discourteous manner that disrupts the collection process. 202.10. Reasonable Suspicion Testing Waiting Period 202.10-1. This section applies only to current employees who meet the reasonable suspicion standard. It does not apply to applicants of the Nation. 202.10-2 During drug and alcohol testing for reasonable suspicion, an employee shall be immediately removed from duty without pay at the time of initiation of the reasonable suspicion drug and alcohol testing and specimen collection until the employer is notified by EHN of negative results on both the drug and alcohol tests, or MRO-verified negative test results. 202.10-3. When confirmation of test results are made available to the employer, the supervisor shall notify the employee by telephone and by certified mail using the contact information provided by the employee. The notice to the employee shall identify a reinstatement date if the test was confirmed negative, or applicable consequences if the test was confirmed positive. If the employee is reinstated, back pay shall be provided in accordance with the Back Pay law. However, if the employee fails to return to work on the assigned reinstatement date as instructed in the notice from the supervisor, the supervisor shall discipline the employee in accordance with the Nation’s laws, rules and policies governing employment, unless an extension is granted in writing by the supervisor along with the reason for the extension. An employee who is ultimately terminated for failure to return to work on his or her assigned reinstatement date shall not be eligible for employment for one (1) year after the date of termination. 202.11. Consequences for Prohibited Behavior 202.11-1. Either an internal applicant or an external applicant may decline the position at any time before being directed to EHN or other designated testing site for the applicant’s drug and alcohol testing. 202.11-2. External Applicant. If an external applicant fails to show at the testing site within the time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section 202.6 that has been documented, the employment offer shall be withdrawn. An external applicant shall not be eligible for hiring consideration for one hundred eighty (180) days from the date of the urine drug screening test. 202.11-3. Internal Applicant. If an internal applicant fails to show at the testing site within the time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section 202.6, the employment offer shall be withdrawn. The applicant shall be removed from duty and subject to respective consequences of this law. The applicant shall not be eligible for hiring consideration in a different position for one hundred eighty (180) days from the date of the urine drug screening test. 202.11-4. Employee. If an employee has engaged in prohibited behavior as listed in section 202.61, and/or fails to cooperate by not responding to contact from the MRO within ten (10) business days (which shall be deemed thereafter as a definite positive test), the employee shall be removed from duty and subject to the respective consequences of this law. 202.11-5. Consequences. (a) First Violation. 2 O.C. 202 – Page 7 28 of 72 Draft 1 – PM Draft 2023 02 15 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 (1) Any employee who engages in prohibited behavior as defined in section 202.6 for the first time shall be removed from duty without pay and shall receive a mandatory referral to ONEAP for an assessment. The ONEAP shall also determine if the employee shall be subject to return-to-duty/follow-up testing. If follow-up testing is required, the testing shall be at the employee’s expense. (2) The employee shall sign a Return-to-Work Agreement and submit the agreement to his or her supervisor within ten (10) days or the employee shall be terminated and ineligible for re-hire for one (1) year. (A) When the supervisor signs the Return-to-Work Agreement the employee shall be placed back on the work schedule by the next regularly scheduled workday. (3) Failure to comply with the signed Return-to-Work Agreement shall result in the employee being terminated and ineligible for re-hire for one (1) year. (b) Second Violation. (1) Any employee who engages in prohibited behavior as defined in section 202.6 a second time within his or her lifetime of employment with the Nation shall be removed from duty without pay and shall receive a mandatory referral to ONEAP for an assessment. (2) The employee shall sign a Return-to-Work Agreement and submit it to the employee’s supervisor for signature within ten (10) days or the employee shall be terminated and ineligible for re-hire for one (1) year. After a second violation the employee shall not be placed back on the work schedule until: (A) The employee receives approval from the ONEAP that they have demonstrated sufficient progress in a treatment program that would indicate the employee is drug and alcohol free within thirty (30) days of the employee being removed from duty; and (B) The employee completes a return-to-duty drug screening and alcohol test at a SAMHSA-certified facility at their own expense, which shall be negative within thirty (30) days of the employee being removed from duty; (C) The ONEAP notifies the supervisor of the employee’s eligibility to return to work. (3) As a condition of continuing employment, the employee shall participate in follow-up testing with continued negative results as directed by the ONEAP and listed in the Return-to-Work Agreement. All follow-up testing shall be at the employee’s expense. (4) Failure to comply with the Return-to-Work agreement or follow up testing shall result in the employee being terminated and ineligible for re-hire for one (1) year. (c) Third Violation. (1) Any employee who engages in prohibited behavior as defined in section 202.6 a third time in his or her lifetime of employment with the Nation shall be terminated. The employee shall not be eligible for employment unless he or she receives a forgiveness pursuant to the Pardon and Forgiveness law. An employee that receives forgiveness shall not be eligible for re-hire for one (1) year after the date of termination. 2 O.C. 202 – Page 8 29 of 72 Draft 1 – PM Draft 2023 02 15 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 202.12. Re-hire 202.12-1. A former employee that was terminated due to violations of this law shall provide, along with the former employee’s application for employment, the following: (a) Proof of completion of a certified Alcohol and Other Drug Abuse program; and (b) A negative drug screening and alcohol test at a SAMHSA-certified facility completed within the last thirty (30) days. This drug screening and alcohol test shall be done at the former employee’s own expense. 202.13. Other Potential Consequences 202.13-1. The violation of this law may result in consequences to the employee beyond any discipline or corrective action that may be taken. Other potential consequences include the following: (a) Disqualification of Unemployment Benefits. An employee who is terminated as a result of a violation of this law may be ineligible for unemployment benefits. (b) Reduction of Workers Compensation Benefits. An employee who incurs an injury in a work-related accident that occurred while engaged in a violation of this law may have any workers compensation benefits reduced. (c) Criminal Penalties. An employee whose conduct violates state or federal criminal laws may be referred to appropriate law enforcement for criminal prosecution. (d) Liability for Accidents. An employee whose conduct in violation of this law causes an accident may be held personally responsible for losses associated with the accident, and the employee may be required to pay for those losses. 202.14. Confidentiality 202.14-1. Information related to the application of this law is confidential. Access to this information is limited to those who have a legitimate “need to know” in compliance with relevant laws and personnel policies and procedures. 202.14-2. All drug and alcohol testing information shall be maintained at EHN in confidential records which are separate from the employee’s clinical and personnel files. The employee may request a copy of the employee’s records. The records may be requested by a third party in accordance with the Oneida Nation’s laws, rules and policies governing employment. 202.15. Communication 202.15-1. HRD shall communicate this law to all employees to ensure all employees are aware of their role in supporting this law: (a) All employees shall be given information on how to access this law. (b) This law shall be reviewed in new employee orientation and other means, as deemed appropriate by HRD. (c) All employees shall sign an acknowledgment form stating they have received a copy of this law, have read and understand it, and agree to follow this law. End. See GTC-01-31-94-B Adopted – BC-08-17-94 Emergency Amended - BC-04-20-95-C 2 O.C. 202 – Page 9 30 of 72 Draft 1 – PM Draft 2023 02 15 398 399 400 401 402 403 404 405 Adopted - BC-10-25-95-A (repealed previous versions) Amended - BC-10-20-99-A Amended - BC-12-05-07-B Amended - BC-12-11-13-F Emergency Amended - BC-10-26-16-D Amended - BC-04-12-17-C Amended – BC-__-__-__-__ 2 O.C. 202 – Page 10 31 of 72 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee January 4, 2023 Emergency Management Law Amendments Submission Date: 7/6/22 LOC Sponsor: Marie Cornelius Public Meeting: 12/13/22 Emergency Enacted: 9/14/22 Summary: During the June 24, 2022, Storm Emergency Debrief session between the Oneida Business Committee and the Emergency Management Director it was identified that amendments would be needed to the Emergency Management law to address the composition of the Oneida Emergency Planning Committee. Some of the positions identified in the ONEPC Bylaws are direct reports to the Oneida Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law provides that direct reports to the Oneida Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and Communications are ineligible to serve on an appointed or elected boards, committee, or commission of the Nation. An exemption to this prohibition needs to be included for the Oneida Nation Emergency Planning Committee since it is essential that direct reports and employees of those designated areas participate on this committee. The Oneida Business Committee adopted emergency amendments to the Emergency Management law on September 14, 2022, through the adoption of resolution BC-09-14-22-B. These emergency amendments will expire on March 14, 2023. 7/6/22 LOC: Motion by Daniel Guzman King to add the Emergency Management law emergency amendments to the Active Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion carried unanimously. 7/18/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss a plan for addressing amendments to the Emergency Management law and the Oneida Nation Emergency Planning Committee Bylaws. 8/2/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss policy issues that need to be addressed in the amendments to the Emergency Management law and the Oneida Nation Emergency Planning Committee bylaws amendments. 8/25/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham, Carolyn Salutz, Grace Elliot. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss the draft of proposed amendments to the Emergency Management law and accompanying resolution. Page 1 of 3 A good mind. A good heart. A strong fire. 32 of 72 8/25/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliot. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss the draft of proposed amendments to the Emergency Management law. 8/30/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Kirby Metoxen, Clorissa N. Santiago, Rhiannon Metoxen, Kristal Hill, Grace Elliot, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss the draft of proposed amendments to the Emergency Management law. 9/7/22 LOC: Motion by Kirby Metoxen to approve the Emergency Management law emergency amendments adoption packet and forward to the Oneida Business Committee for consideration; seconded by Marie Summers. Motion carried unanimously. 9/14/22 OBC: Motion by Lisa Liggins to adopt resolution entitled 09-14-22-B Emergency Amendments to the Emergency Management Law, seconded by Marie Cornelius. Motion carried. 10/4/22: Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark Powless, Melissa Alvarado, Derrick King, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to begin discussion on the development of the Emergency Management Operations Team SOP as required by resolution BC-09-14-22-B. 10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Emergency Management law and direct that a legislative analysis be completed; seconded by Daniel Guzman King. Motion carried unanimously. 10/19/22 LOC: Motion by Jennifer Webster to approve the legislative analysis of the Emergency Management law; seconded by Marie Cornelius. Motion carried unanimously. 11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Emergency Management law amendments to a public meeting to be held on December 13, 2022; seconded by Marie Cornelius. Motion carried unanimously. 11/4/22: Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark Powless, Kaylynn Gresham, Debra Powless, Chad Fuss, Lucy Neville, Lawrence Barton. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss the draft of the Emergency Management Operations Team SOP. 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 (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 Emergency Management law amendments was held in person in the Norbert Hill Center and on Microsoft Teams. No individuals provided public comment during the public meeting. A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 33 of 72 12/14/22 OBC: Motion by Jennifer Webster to approve the Oneida Nation Standard Operating Procedure (SOP) entitled Emergency Management Law – Emergency Management Operations Team with the addition of Chief Information Officer under 3.1 of the SOP, seconded by David P. Jordan. Motion carried. 12/20/22: Public Comment Period Closed. No submissions of written comments were received during the public comment period. Next Steps:  Accept the public comment review memorandum identifying no public comments were received. A good mind. A good heart. A strong fire. Page 3 of 3 ~ ONEIDA 34 of 72 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Legislative Operating Committee (LOC) Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney January 4, 2023 Emergency Management Law Amendments: Public Comment Review On December 13, 2022, a public meeting was held regarding the proposed amendments to the Emergency Management law (“the Law”). The public comment period was then held open until December 20, 2022. No written or oral public comments were received during the public meeting or public comment period. The public meeting draft and public meeting transcript are attached to this memorandum for review. Page 1 of 1 A good mind. A good heart. A strong fire. 35 of 72 Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 "" OODODD= Oneida Nation ONEIDA 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 stron g fire. LOC Public Meeting Transcript of December 13, 2022 Page 1 of 4 36 of 72 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 ~ ONEIDA 37 of 72 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 ~ ONEIDA 38 of 72 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 39 of 72 Draft 1 (Redline to Last Permanent) – PM Draft 2022 12 13 Title 3. Health and Public Safety – Chapter 302 Yotlihokt# Olihw@=ke Matters that are concerning immediate attention EMERGENCY MANAGEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 302.1. Purpose and Policy 302.2. Adoption, Amendment, Conflicts 302.3. Definitions 302.4. Emergency Management Department 302.5. Oneida Nation Emergency Planning CommitteeManagement Operations Team 302.6. Entity Cooperation 302.7. Public Health Emergencies 302.8. Proclamation of an Emergency 302.9. Emergency Core Decision Making Team 302.10. Enforcement and Penalties 302.1. Purpose and Policy 302.1-1. Purpose. The purpose of this law is to: (a) provide for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; (b) provide for the direction of emergency management, response, and recovery on the Reservation; as well as coordination with other agencies, victims, businesses, and organizations; (c) establish the use of the National Incident Management System (NIMS); and (d) designate authority and responsibilities for public health preparedness. 302.1-2. Policy. It is the policy of the Nation to provide: (a) a description of the emergency management network of the Nation; (b) authorization for specialized activities to mitigate hazardous conditions and for the preparation of the Nation’s emergency response plans, as well as to address concerns related to isolation and/or quarantine orders, emergency care, and mutual aid; and (c) for all expenditures made in connection with such emergency management activities to be deemed specifically for the protection and benefit of the inhabitants, property, and environment of the Reservation. 302.2. Adoption, Amendment, Repeal 302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A and, amended by resolution BC-12-20-06-G, BC-05-13-09-F, and BC-03-10-21-A., and BC-____-__-__. 302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 302.2-3. 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. 302.2-4. 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. 302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 302.3. Definitions 302.3-1. This section shall govern the definitions of words or phrases as used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Biological agent” means an infectious disease or toxin that has the ability to adversely affect human health in a variety of ways, from mild allergic reactions to serious medical 3 O.C. 302 – Page 1 40 of 72 Draft 1 (Redline to Last Permanent) 2022 10 05 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 conditions, and including death. (b) “Communicable disease” means any disease transmitted from one person or animal to another directly by contact with excreta or other discharges from the body, or indirectly via substances or inanimate objects that may cause a public health emergency. (c) “Community/Public Health Officer” means an agent of the Comprehensive Health Division, or his or her designee(s), who is responsible for taking the appropriate actions in order to prevent a public health emergency from occurring on the Reservation. (d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division, which is authorized to issue compulsory vaccinations, require isolation, and quarantine individuals in order to protect the public health. (e) “Director” means the Director of the Nation’s Emergency Management Department. (f) “Emergency” means a situation that poses an immediate risk to health, life, safety, property, or environment which requires urgent intervention to prevent further illness, injury, death, or other worsening of the situation. (g) “Emergency Management Network” means the entities, volunteers, consultants, contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents and large-scale disasters. (h) “Emergency Response Plan” means the plan established to coordinate mitigation, preparedness, response, and recovery activities for all emergency or disaster situations within the Reservation. (i) “Entity” means any agency, board, committee, commission, or department of the Nation. (j) “Fair Market Value” means the everyday cost of a product in an ordinary market, absent of a disaster. (k) “Isolation” means the separation of persons or animals presumably or actually infected with a communicable disease, or that are disease carriers, for the usual period of communicability of that disease in such places and under such conditions as will prevent the direct or indirect transmission of an infectious agent to susceptible people or to those who may spread the agent to others. (l) “Nation” means the Oneida Nation. (m) “National Incident Management System” or “NIMS” means the system mandated by Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that provides a consistent nationwide approach for federal, state, local, and tribal governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. (n) “Oneida Nation Emergency Planning Committee” means the committee that assists the Director in the implementation of this law. (o(n) “Proclaim” means to announce officially and publicly. (po) “Public Health Emergency” means the occurrence or imminent threat of an illness or health condition which: (1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological agent; and (2) poses a high probability of any of the following: (A) a large number of deaths or serious or long-term disability among 3 O.C. 302 – Page 2 41 of 72 Draft 1 (Redline to Last Permanent) 2022 10 05 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 humans; or (B) widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people. (qp) “Quarantine” means the limitation of freedom of movement of persons or animals that have been exposed to a communicable disease or chemical, biological, or radiological agent, for a period of time equal to the longest usual incubation period of the disease or until there is no risk of spreading the chemical, biological, or radiological agent. The limitation of movement shall be in such manner as to prevent the spread of a communicable disease or chemical, biological, or radiological agent. (rq) “Reservation” means all land within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law. (sr) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-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. (ts) “Vital resources” means food, water, equipment, sand, wood, or other materials obtained for the protection of life, property, and/or the environment during a proclaimed emergency. 302.4. Emergency Management Department 302.4-1. The Emergency Management Department shall be responsible for planning and coordinating the response to a disaster or emergency that occurs within the boundaries of the Reservation. 302.4-2. Authority of the Director. The Director shall be responsible for coordinating and planning the operational response to an emergency and is hereby empowered to: (a) organize and coordinate efforts of the emergency management network of the Nation; (b) implement the Emergency Response Plan as adopted by the Oneida Business Committee; (c) facilitate coordination and cooperation between entities and resolve questions that may arise among them; (d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments to administer the best practices contained in the NIMS; (e) coordinate the development and implementation of the NIMS within the Nation; (f) ensure that the following occurs: (1) an Emergency Response Plan is developed and maintained, and includes training provisions for applicable personnel; (2) emergency resources, equipment, and communications systems are developed, procured, supplied, inventoried, and accounted for; (g) establish the line of authority as recorded in the Emergency Response Plan as adopted by the Oneida Business Committee; and (h) enter into mutual aid and service agreements with tribal, local, state, and federal governments, subject to Oneida Business Committee approval. 302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of an emergency on the Reservation, the Director is hereby empowered: 3 O.C. 302 – Page 3 42 of 72 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 Draft 1 (Redline to Last Permanent) 2022 10 05 (a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon approval of the Emergency Management purchasing agent, who is identified in the Emergency Response Plan. If a person or business refuses to provide the resource(s) required, the Director may commandeer resources for public use and bind the Nation for the fair market value thereof. In the event the purchasing agent is unavailable, the chain of command, as approved by the Oneida Business Committee, shall be followed. (b) to require emergency activities of as many members of the Nation and/or employees as deemed necessary. (c) to execute all of the ordinary powers of the Director, all of the special powers conferred by this law or by resolution adopted pursuant thereto, all powers conferred on the Director by any agreement approved by the Oneida Business Committee, and to exercise complete emergency authority over the Reservation. (d) to coordinate with tribal, federal, state, and local authorities. 302.5. Oneida Nation Emergency Planning Committee Management Operations Team 302.5-1. The Oneida Nation Establishment and Composition. There is hereby established an Emergency Planning CommitteeManagement Operations Team which shall consist of representatives from entities and a community representative of the Nation as identified in the Oneida Nation Emergency Planning Committee bylaws as approved by the Oneida Business Committee.Director. 302.5-2. Purpose. The Oneida Nation Emergency Planning CommitteeManagement Operations Team shall meet as necessary to, as determined by the Director, for the following purposes: (a) assist the Director in drafting and maintaining the Emergency Response Plan.; and (b) assist the Director in 302.5-3. At the request of the Director, the Oneida Nation Emergency Planning Committee shall provide assistance to the Director in the implementation of the provisions of this law or any plan issued thereunder. 302.5-3. Expectations. Members of the Emergency Management Operations Team shall attend meetings, or send a designee in their absence, and comply with any training requirements set forth by the Director. 302.6. Entity Cooperation 302.6-1. All entities shall comply with reasonable requests from the Director relating to emergency planning, emergency operations, and federal mandate compliance. 302.6-2. The Nation may implement more strict policies or requirements than those issued by the Community/Public Health Officer. 302.7. Public Health Emergencies 302.7-1. In order to prevent a public health emergency, the Director and the Community/Public Health Officer shall take action to limit the spread of any communicable disease, in accordance with this law. 302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer suspects or is informed of the existence of any communicable disease, the Community/Public Health Officer shall investigate and make or cause examinations to be made, as are deemed necessary. 302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee. 3 O.C. 302 – Page 4 43 of 72 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 Draft 1 (Redline to Last Permanent) 2022 10 05 302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health Officer shall act as necessary to protect the public including, but not limited to, the following actions: (a) Request the Director to take the necessary steps to have a public health emergency proclaimed; (b) Quarantine, isolate, or take other communicable disease control measures upon an individual(s); and (c) Issue any mandate, order, and/or require restrictions which may limit the spread of any communicable disease to any individual, business, or the general population of the Reservation. 302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately quarantine, isolate, and/or take other communicable disease control measures upon an individual if the Community/Public Health Officer receives a diagnostic report from a physician or a written or verbal notification from an individual or his or her parent or caretaker that gives the Community/Public Health Officer a reasonable belief that the individual has a communicable disease that is likely to cause a public health emergency. (a) If an individual is infected with a communicable disease and the Community/Public Health Officer determines it is necessary to limit contact with the individual, all persons may be forbidden from being in direct contact with the infected individual, except for those persons having a special written permit from the Community/Public Health Officer. (b) Any individual, including an authorized individual, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this law. (c) When the Community/Public Health Officer deems it necessary that an individual be quarantined, isolated, or otherwise restricted in a separate place, the Community/Public Health Officer shall have that individual removed to such a designated place, if it can be done without danger to the individual’s health. 302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health emergency is proclaimed, the Community/Public Health Officer may do all of the following, as necessary: (a) organize the vaccination of individuals; (1) The following types of individuals shall not be subject to a vaccination: (A) an individual who the vaccination is reasonably likely to lead to serious harm to the individual; and (B) an individual, for reason of religion or conscience, refuses to obtain the vaccination. (b) isolate or quarantine individuals, including those who are unable or unwilling to receive a vaccination; and (c) prevent any individual, except for those individuals authorized by the Community/Public Health Officer, from entering an isolation or quarantine premises. 302.7-7. The Oneida Police Department shall take enforcement action when necessary and work with the Community/Public Health Officer to execute the Community/Public Health Officer’s orders and properly guard any place if quarantine, isolation, or other restrictions on communicable disease are violated or intent to violate becomes apparent. 302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected individual shall be charged against the individual or whoever is liable for the individual’s care and support. 3 O.C. 302 – Page 5 44 of 72 Draft 1 (Redline to Last Permanent) 2022 10 05 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 302.8. Proclamation of an Emergency 302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or presidential declaration. (a) The Director may request that the Oneida Business Committee proclaim the existence of an emergency. The Oneida Business Committee may proclaim the existence of an emergency without a request from the Director, if warranted. (b) In the event the Oneida Business Committee is unable to proclaim or ratify the existence of an emergency, the Director may proclaim an emergency which shall be in effect until such time the Oneida Business Committee can officially ratify this declaration. 302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the Oneida Business Committee. 302.8-3. Management Network. The emergency management network of the Reservation shall be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee. 302.8-4. Emergency Briefings. Within forty-eight (48) hours of an emergency, the Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing to be presented to the Oneida Business Committee regarding the status of the emergency, actions taken to address the emergency, and the activation of the Emergency Response Plan. The Oneida Business Committee may direct the Director to provide additional emergency briefings. 302.8-5.After-Action Preliminary Emergency Assessment Report. After an emergency has subsided, the Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an after-actiona preliminary emergency assessment report to be presented to the Oneida Business Committee, any interested entity, and the public. This report shall be presented to the required parties no later than sixty (60thirty (30) days after the emergency has subsided, unless an extension is granted by the Oneida Business Committee. 302.8-6. After-Action Report. After an emergency has subsided, the Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an after-action report to be presented to the Oneida Business Committee, any interested entity, and the public. This report shall be presented to the required parties no later than ninety (90) days after the emergency has subsided, unless an extension is granted by the Oneida Business Committee. 302.8-7.302.8-5. During a proclaimed emergency, the Conservation Department shall be responsible for the care, disposal, and sheltering of all abandoned domestic animals and livestock. The Conservation Department may delegate this responsibility to a contracted agency. 302.9. Emergency Core Decision Making Team 302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under this law, the Oneida Business Committee may establish an Emergency Core Decision Making Team through the adoption of a motion. The motion shall identify the positions of the Nation which shall make up the members of the Emergency Core Decision Making Team based on the type and severity of emergency the Nation is experiencing. 302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have emergency authority to take the following actions: (a) Notwithstanding any requirements of the Legislative Procedures Act, declare exceptions to the Nation’s laws during the emergency period which will be of immediate 3 O.C. 302 – Page 6 45 of 72 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 Draft 1 (Redline to Last Permanent) 2022 10 05 impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community, members, and employees; and (b) Notwithstanding any requirements in any policy, procedure, regulation, or standard operating procedures, declare exceptions to any policy, procedure, regulation, or standard operating procedure during the emergency period which will be of immediate impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community, members, and employees. 302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team shall: (a) be written on the Nation’s letterhead; (b) provide the date the declaration was issued; (c) contain a clear statement of the directives; (d) provide the date the directive shall go into effect; (e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the Chairperson’s absence; and (f) be posted on the Nation’s website. 302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making Team. Any declaration made under the authority granted in this section shall be effective upon the date declared by the Emergency Core Decision Making Team and shall be effective for the duration of any proclaimed emergency, or for a shorter time period if identified. 302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a declaration being made, the Emergency Core Decision Making Team shall provide notification of the declaration to the Oneida Business Committee. 302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or emergency action taken by the Emergency Core Decision Making Team. 302.10. Enforcement and Penalties 302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct, hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued thereunder, whether or not an emergency has been proclaimed. 302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who violates a provision of this law. (a) A citation for a violation of this law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations. (b) The Oneida Business Committee shall adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this law. (c) The Trial Court shall have jurisdiction over any action brought under this law. 302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action in accordance with the Nation’s laws and pol [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A170d283475a64ea4. Public record. Not legal advice.