Oneida Business Committee (2022)
Tribal code
Ask Donna
What actually matters in this document.
Text
1 of 46
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center October 19, 2022
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. October 5, 2022 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Back Pay Law Amendments (pg. 4)
2. Emergency Management Law Amendments (pg. 28)
IV.
New Submissions
V.
Additions
1. Budget and Finances Law Emergency Amendments (pg. 45)
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
2 of 46
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
OODDDD=
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
October 5, 2022
9:00 a.m.
Present: David P. Jordan, Jennifer Webster, Daniel Guzman King
Excused: Marie Cornelius, Kirby Metoxen
Others Present: Clorissa N. Leeman, Grace Elliot, Carolyn Salutz, Shannon Davis, Rhiannon
Metoxen (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft
Teams), Matt Denny (Microsoft Teams), Derrick King (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the October 5, 2022, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda as is; seconded by Daniel Guzman King.
Motion carried unanimously.
II.
Minutes to be Approved
1. September 21, 2022 LOC Meeting Minutes
Motion by Jennifer Webster to approve the September 21, 2022, LOC meeting minutes and
forward to the Oneida Business Committee for consideration; seconded by Daniel Guzman
King. Motion carried unanimously.
III.
Current Business
1. Oneida Nation Assistance Fund Law
Motion by Jennifer Webster to approve the updated public comment review memorandum,
draft, updated legislative analysis, and fiscal impact statement request memorandum, and
forward to the Trust Enrollment Department Director directing that a fiscal impact
statement be submitted to the Legislative Operating Committee by October 19, 2022;
seconded by Daniel Guzman King. Motion carried unanimously.
2. Back Pay Law Amendments
Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back
Pay law and direct that a legislative analysis be completed; seconded by Daniel Guzman
King. Motion carried unanimously.
~
fflXXJDC)
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of October 5, 2022
Page 1 of 2
ONEIDA
3 of 46
3. Emergency Management Law Amendments
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.
4. Traffic Law
Motion by Jennifer Webster to accept the memorandum as information; seconded by
Daniel Guzman King. Motion carried unanimously.
IV.
New Submissions
1. Oneida Personnel Commission Bylaws Amendments
Motion by Jennifer Webster to add the Oneida Personnel Commission Bylaws amendments
to the Active Files List with David P. Jordan as the sponsor; seconded by Daniel Guzman
King. Motion carried unanimously.
2. Furlough Law Amendments
Motion by Jennifer Webster to add the Furlough amendments to the Active Files List with
Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion carried
unanimously.
V.
Additions
VI.
Administrative Items
1. E-Poll Results: Emergency Adoption of the Oneida Life Insurance Plan Law
Motion by Daniel Guzman King to enter into the record the results of the September 21,
2022, e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law;
seconded by Jennifer Webster. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:16 a.m.; seconded by Daniel Guzman King.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of October 5, 2022
Page 2 of 2
4 of 46
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
October 19, 2022
Back Pay Law
Amendments
Submission Date: 9/21/22
LOC Sponsor: Marie Cornelius
Public Meeting: N/A
Emergency Enacted: N/A
Summary: On August 14, 2022, during executive session, the Oneida Business Committee requested
that the Legislative Operating Committee add the Back Pay law to the Active Files List, and to release the
confidential memo to the Legislative Reference Office as a confidential document.
9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the
Backpay Policy to the active files agenda and to release the confidential memo to the
Legislative Reference Office as a confidential document, seconded by David P. Jordan.
Motion carried.
9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List
with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
9/29/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie
Cornelius, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to review and
discuss the proposed draft of amendments to the Back Pay law.
10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back Pay
law and direct that a legislative analysis be completed; seconded by Daniel Guzman King.
Motion carried unanimously.
10/13/22:
Work Meeting. Present: David P. Jordan, Daniel Guzman King, Marie Cornelius, Clorissa N.
Leeman, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to review and discuss an additional proposed
amendments to the law.
Next Steps:
Approve the updated draft and the legislative analysis.
Page 1 of 1
A good mind. A good heart. A strong fire.
5 of 46
Draft 2 (Redline to Draft 1)
2022 10 19
Title 2. Employment – Chapter 206
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Reinstatement
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
206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
wrongfully terminated employee and the calculation of back pay for all employees of the Nation
in accordance with the Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, Appeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
206.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(b) “Advocate” means a non-attorney person as provided by law and other person who is
admitted to practice law and is presented to the court as the representative or advisor to a
party.
(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(d) “Consequential damages” means damages that are not a direct and immediately result
of an act, but a consequence of the initial act, including but not limited to penalties on early
withdrawal of retirement account.
(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit
2 O.C.206 – Page 1
6 of 46
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
83
84
Draft 2 (Redline to Draft 1)
2022 10 19
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to, an individual employed by any program or enterprise of the Nation but
does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to investigative leave, suspension or termination.
(h) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(i) “Nation” means the Oneida Nation.
(j) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(k) “Reviewing party” means the area manager or the Trial Court.
(l) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Reinstatement
206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's
appeal of a termination result in the termination being overturned, the reviewing party shall order
the employee be reinstated to the position from which the employee was wrongfully terminated.
(a) In accordance with section 206.4-3, in the event the position the employee was
terminated from has been eliminated or the employee is no longer eligible for the position
the employee was terminated from based on amendments to the position description, the
reviewing party shall order reinstatement to a position within the same division of the
organization the employee was terminated from that is comparable in wage to the position
the employee was terminated, to the extent it is available at the time of the reviewing party's
decision.
(b) Any order requiring the employee to be reinstated to a position comparable to the
position the employee was terminated from shall note the requirement that the Human
Resources Department shall make the determination that the employee is eligible for a
comparable position.
(c) If no comparable positions are available within the same division of the organization
the employee was terminated from that are comparable in wage to the position the
employee was terminated from, or if the employee is not eligible for the comparable
2 O.C.206 – Page 2
7 of 46
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
130
131
Draft 2 (Redline to Draft 1)
2022 10 19
position, the order to reinstate shall be deemed satisfied and the back pay end date shall be
the date of the reviewing party's decision.
206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated
and thereafter appeals said termination, the disciplining supervisor may only fill the employee's
former position with an interim employee until the appeal has fully run its course, which includes
any appeal timelines to the area manager, the Trial Court, or the Appellate Court.
206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an
employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit
may amend the affected position description or eliminate the affected position while an
employment appeal is pending where such actions are required to meet the Nation's business and
employment needs. The determination to amend an affected position description or eliminate an
affected position shall be approved by the General Manager and the Human Resources Department
Executive Director and either the General Manager, Gaming General Manager, Retail General
Manager, or the highest position in the employee’s chain of command for non-divisional
employees.
206.5. Back Pay Calculation
206.5-1. Back Pay Limitations. Back pay calculations shall be made using the employee's last
wage in the position which they were terminated from. Back pay, in all circumstances, shall be
limited to the calculation set forth in this section. Back pay shall include and be subject to the
following as it is related to the employee:
(a) Vacation and Personal Time Accrual. Employees shall receive prorated credit for
vacation and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation and personal time. If the
crediting of vacation and personal time would result in the employee exceeding the
accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over
that cap shall be provided as a cash payout. Non-reinstated employees shall be paid
out vacation and personal time in lieu of crediting personal and vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system or standard used by the employee’s supervisor
during the back pay period and shall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
2 O.C.206 – Page 3
8 of 46
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
176
177
178
Draft 2 (Redline to Draft 1)
2022 10 19
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage shall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee shall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
2 O.C.206 – Page 4
9 of 46
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
222
223
224
225
Draft 2 (Redline to Draft 1)
2022 10 19
Nation shall not make employer match contributions into the employee’s
retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of termination;
(2) When a position is eliminated and/or inactive as part of the Nation’s response
to a financial force majeure event including, but not limited to,:
(A) responses to war,;
(B) global health pandemics,; and/or
(C) any substantial loss of revenue or funding; and
(3) When an employee would otherwise not be eligible to work in the position from
which they were terminated from in accordance with the position description based
on:
(A) applicable grant requirements (where positions arewhen the position is
grant funded),;
(B) applicable, Oneida laws, of the Nation including, but not limited to, the
Vehicle Driver Certification and Fleet Management law; and/or
(C) a criminal conviction;
2 O.C.206 – Page 5
10 of 46
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
Draft 2 (Redline to Draft 1)
2022 10 19
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
additional duties are a part of such involuntarily separated employee’s regular schedule.
206.5-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.6. Back Pay Process
206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of
implementing this law.
206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.6-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.6-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-05-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C.206 – Page 6
11 of 46
Draft 2 (Redline to Current)
2022 10 19
Title 2. Employment – Chapter 206
BACK PAY
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Back Pay Calculation
206.5. Back Pay Process
206.1. Purpose and Policy
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
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Reinstatement
206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
wrongfully terminated employee and the calculation of back pay for all employees of the Nation
in accordance with the Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, Appeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
206.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(a)(b) “Advocate” means a non-attorney person as provided by law and other person who
is admitted to practice law and is presented to the court as the representative or advisor to
a party.
(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(c)(d) “Consequential damages” means damages that are not a direct and immediately
2 O.C.206 – Page 1
12 of 46
35
36
37
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
Draft 2 (Redline to Current)
2022 10 19
result of an act, but a consequence of the initial act, including but not limited to penalties
on early withdrawal of retirement account.
(d) “Consultant” means a professional who is contracted externally whose expertise is
provided on a temporary basis for a fee.
(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to;, an individual employed by any program or enterprise of the Nation, but
does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to, investigative leave, suspension or termination.
(h) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(i) “Nation” means the Oneida Nation.
(j) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(k) “Reviewing party” means the area manager or the Trial Court.
(l) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Reinstatement
206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's
appeal of a termination result in the termination being overturned, the reviewing party shall order
the employee be reinstated to the position from which the employee was wrongfully terminated.
(a) In accordance with section 206.4-3, in the event the position the employee was
terminated from has been eliminated or the employee is no longer eligible for the position
the employee was terminated from based on amendments to the position description, the
reviewing party shall order reinstatement to a position within the same division of the
organization the employee was terminated from that is comparable in wage to the position
the employee was terminated, to the extent it is available at the time of the reviewing party's
decision.
(b) Any order requiring the employee to be reinstated to a position comparable to the
position the employee was terminated from shall note the requirement that the Human
2 O.C.206 – Page 2
13 of 46
82
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
128
Draft 2 (Redline to Current)
2022 10 19
Resources Department shall make the determination that the employee is eligible for a
comparable position.
(c) If no comparable positions are available within the same division of the organization
the employee was terminated from that are comparable in wage to the position the
employee was terminated from, or if the employee is not eligible for the comparable
position, the order to reinstate shall be deemed satisfied and the back pay end date shall be
the date of the reviewing party's decision.
206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated
and thereafter appeals said termination, the disciplining supervisor may only fill the employee's
former position with an interim employee until the appeal has fully run its course, which includes
any appeal timelines to the area manager, the Trial Court, or the Appellate Court.
206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an
employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit
may amend the affected position description or eliminate the affected position while an
employment appeal is pending where such actions are required to meet the Nation's business and
employment needs. The determination to amend an affected position description or eliminate an
affected position shall be approved by the Human Resources Executive Director and either the
General Manager, Gaming General Manager, Retail General Manager, or the highest position in
the employee’s chain of command for non-divisional employees.
206.5. Back Pay Calculation
206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall
be made using the employee's last wage in the position which they were terminated from. Back
pay, in all circumstances, shall be limited to the calculation set forth in this Section as they relate
to the employee. section. Back pay shall include and be subject to the following as it is related to
the employee:
(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for
vacation/ and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation/ and personal time. If the
crediting of vacation/ and personal time would result in the employee exceeding
the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount
over that cap shall be provided as a cash payout. Non-reinstated employees shall
be paid out vacation/ and personal time in lieu of crediting personal/ and vacation
time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system/ or standard used by the employee’s supervisor
2 O.C.206 – Page 3
14 of 46
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
172
173
174
175
Draft 2 (Redline to Current)
2022 10 19
during the back pay period and willshall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage willshall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee willshall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
2 O.C.206 – Page 4
15 of 46
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
222
Draft 2 (Redline to Current)
2022 10 19
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work;. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of termination;
(2) When a position is eliminated or inactive as part of the Nation’s response to a
financial force majeure event including, but not limited to:
(A) responses to war;
(B) global health pandemics; and
(C) any substantial loss of revenue or funding; and
(3) When an employee would otherwise not be eligible to work in the position from
which they were terminated from in accordance with the position description based
2 O.C.206 – Page 5
16 of 46
Draft 2 (Redline to Current)
2022 10 19
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
268
on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
additional duties are a part of such involuntarily separated employee’s regular schedule.
206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.56. Back Pay Process
206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose
of implementing this law.
206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.56-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-05-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C.206 – Page 6
17 of 46
Draft 2
2022 10 19
Title 2. Employment – Chapter 206
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Reinstatement
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
206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
wrongfully terminated employee and the calculation of back pay for all employees of the Nation
in accordance with the Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, Appeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
206.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(b) “Advocate” means a non-attorney person as provided by law and other person who is
admitted to practice law and is presented to the court as the representative or advisor to a
party.
(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(d) “Consequential damages” means damages that are not a direct and immediately result
of an act, but a consequence of the initial act, including but not limited to penalties on early
withdrawal of retirement account.
(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit
2 O.C.206 – Page 1
18 of 46
Draft 2
2022 10 19
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
83
84
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to, an individual employed by any program or enterprise of the Nation but
does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to investigative leave, suspension or termination.
(h) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(i) “Nation” means the Oneida Nation.
(j) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(k) “Reviewing party” means the area manager or the Trial Court.
(l) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Reinstatement
206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's
appeal of a termination result in the termination being overturned, the reviewing party shall order
the employee be reinstated to the position from which the employee was wrongfully terminated.
(a) In accordance with section 206.4-3, in the event the position the employee was
terminated from has been eliminated or the employee is no longer eligible for the position
the employee was terminated from based on amendments to the position description, the
reviewing party shall order reinstatement to a position within the same division of the
organization the employee was terminated from that is comparable in wage to the position
the employee was terminated, to the extent it is available at the time of the reviewing party's
decision.
(b) Any order requiring the employee to be reinstated to a position comparable to the
position the employee was terminated from shall note the requirement that the Human
Resources Department shall make the determination that the employee is eligible for a
comparable position.
(c) If no comparable positions are available within the same division of the organization
the employee was terminated from that are comparable in wage to the position the
employee was terminated from, or if the employee is not eligible for the comparable
2 O.C.206 – Page 2
19 of 46
Draft 2
2022 10 19
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
130
131
position, the order to reinstate shall be deemed satisfied and the back pay end date shall be
the date of the reviewing party's decision.
206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated
and thereafter appeals said termination, the disciplining supervisor may only fill the employee's
former position with an interim employee until the appeal has fully run its course, which includes
any appeal timelines to the area manager, the Trial Court, or the Appellate Court.
206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an
employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit
may amend the affected position description or eliminate the affected position while an
employment appeal is pending where such actions are required to meet the Nation's business and
employment needs. The determination to amend an affected position description or eliminate an
affected position shall be approved by the Human Resources Executive Director and either the
General Manager, Gaming General Manager, Retail General Manager, or the highest position in
the employee’s chain of command for non-divisional employees.
206.5. Back Pay Calculation
206.5-1. Back Pay Limitations. Back pay calculations shall be made using the employee's last
wage in the position which they were terminated from. Back pay, in all circumstances, shall be
limited to the calculation set forth in this section. Back pay shall include and be subject to the
following as it is related to the employee:
(a) Vacation and Personal Time Accrual. Employees shall receive prorated credit for
vacation and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation and personal time. If the
crediting of vacation and personal time would result in the employee exceeding the
accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over
that cap shall be provided as a cash payout. Non-reinstated employees shall be paid
out vacation and personal time in lieu of crediting personal and vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system or standard used by the employee’s supervisor
during the back pay period and shall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
2 O.C.206 – Page 3
20 of 46
Draft 2
2022 10 19
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
176
177
178
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage shall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee shall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
2 O.C.206 – Page 4
21 of 46
Draft 2
2022 10 19
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
222
223
224
225
retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of termination;
(2) When a position is eliminated or inactive as part of the Nation’s response to a
financial force majeure event including, but not limited to:
(A) responses to war;
(B) global health pandemics; and
(C) any substantial loss of revenue or funding; and
(3) When an employee would otherwise not be eligible to work in the position from
which they were terminated from in accordance with the position description based
on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
2 O.C.206 – Page 5
22 of 46
Draft 2
2022 10 19
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
additional duties are a part of such involuntarily separated employee’s regular schedule.
206.5-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.6. Back Pay Process
206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of
implementing this law.
206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.6-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.6-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-05-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C.206 – Page 6
23 of 46
Analysis to Draft 1
2022 10 19
BACK PAY 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
Analysis by the Legislative Reference Office
Include a new section in the law which provides for the reinstatement of
employee who had a termination overturned and addresses such issues as:
reinstatement of an employee to the position the employee was
terminated from [2 O.C. 206.4-1];
requirement to hold a position pending litigation [2 O.C. 206.4-2];
amending the position description or eliminating the position pending
an employee appeal [2 O.C. 206.4-3];
Clarify that back pay calculations shall be made using the employee’s last
wage in the position which they were terminated from [2 O.C. 206.5-1];
Clarify the circumstances in which an employee is not eligible to work,
and therefore is not eligible for back pay [2 O.C. 206.5-2(d)].
The purpose of this law is to set forth standards used in the reinstatement of
a wrongfully terminated employee and the calculation of back pay for all
employees of the Nation in accordance with the Nation’s law. [2 O.C. 206.11].
Oneida Law Office, General Manager, Gaming General Manager, Retail
General Manager, Human Resources Department Executive Director, Oneida
Nation Judiciary
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Back Pay law was originally adopted by the Oneida Business Committee in 2006
through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC-0813-14-C, and BC-10-26-16-A. 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. [2 O.C. 206.1-1]. It is the policy of the Nation to
have consistent and standard procedures for the management of employee reinstatement and back pay.
[2 O.C. 206.1-2].
B. Request for Amendments. On the September 14, 2022, the Oneida Business Committee adopted a
motion to request the Legislative Operating Committee consider amendments to the Back Pay law. The
Legislative Operating Committee added this legislative item to its Active Files List on September 21,
2022.
13
14
15
16
17
18
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Back Pay law and this legislative analysis:
Oneida Law Office.
B. The following laws were reviewed in the drafting of this analysis:
Page 1 of 5
24 of 46
Analysis to Draft 1
2022 10 19
19
20
21
22
23
24
Back Pay law;
Oneida Personnel Policies and Procedures;
Drug and Alcohol Free Workplace law;
Furlough law; and
Investigative Leave Policy.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
SECTION 4. PROCESS
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
SECTION 5. CONTENTS OF THE LEGISLATION
A. The development of the proposed amendments to the Back Pay law complies with the process set forth
in the Legislative Procedures Act (LPA).
On September 14, 2022, the Oneida Business Committee adopted a motion to request the
Legislative Operating Committee to add the Backpay Policy to the active files agenda and to
release the confidential memo to the Legislative Reference Office as a confidential document.
On September 21, 2022, the Legislative Operating Committee added the Law to its Active Files
List.
On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed
amendments to the Back Pay law and directed that a legislative analysis be developed.
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:
September 29, 2022: LOC work session; and
October 13, 2022: LOC work session.
A. Reinstatement. A new section added to the Law through these amendments addresses reinstatement
of an employee who had a termination overturned. [2 O.C. 206.4]. This new section provides that
should an employee's appeal of a termination result in the termination being overturned, the reviewing
party shall order the employee be reinstated to the position from which the employee was wrongfully
terminated. [2 O.C. 206.4-1]. In the event the position the employee was terminated from has been
eliminated or the employee is no longer eligible for the position the employee was terminated from
based on amendments to the position description, the reviewing party shall order reinstatement to a
position within the same division of the organization the employee was terminated from that is
comparable in wage to the position the employee was terminated, to the extent it is available at the time
of the reviewing party's decision. [2 O.C. 206.4-1(a)]. Any order requiring the employee to be
reinstated to a position comparable to the position the employee was terminated from shall note the
requirement that the Human Resources Department shall make the determination that the employee is
eligible for a comparable position. [2 O.C. 206.4-1(b)]. If no comparable positions are available within
the same division of the organization the employee was terminated from that are comparable in wage
to the position the employee was terminated from, or if the employee is not eligible for the comparable
position, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date of
the reviewing party's decision. [2 O.C. 206.4-1(c)]. This new section also addresses the requirement to
hold the position pending litigation by providing that when an employee is terminated and thereafter
appeals said termination, the disciplining supervisor may only fill the employee's former position with
an interim employee until the appeal has fully run its course, which includes any appeal timelines to
the area manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-2]. Additionally, this section
of the Law provides that notwithstanding the requirement to hold the terminated employee's position
Page 2 of 5
25 of 46
Analysis to Draft 1
2022 10 19
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
pending an employee's appeal of their termination as provided in section 206.4-2, a supervisor or
business unit may amend the affected position description or eliminate the affected position while an
employment appeal is pending where such actions are required to meet the Nation's business and
employment needs. [2 O.C. 206.4-3]. The determination to amend an affected position description or
eliminate an affected position shall be approved by the Human Resources Department Executive
Director and either the General Manager, Gaming General Manager, Retail General Manager, or the
highest position in the employee’s chain of command for non-divisional employees. Id.
Effect. The overall purpose of this new section to the Law is to provide direction and clarification
on how the reinstatement of an employee who had a termination overturned is handled, so that it
can be handled in a consistent manner throughout the Nation.
B. Back Pay Calculations. The proposed amendments to the Law clarify that back pay calculations shall
be made using the employee’s last wage in the position which they were terminated from. [2 O.C.
206.5-1].
Effect. This provision of the Law clarifies how back pay is calculated.
C. Explanation of When an Employee is Not Eligible to Work. The Law provides that the Nation shall
not include time when an employee would not have been eligible to work in the calculation of any back
pay amount. [2 O.C. 206.5-2(d)]. The proposed amendments to the Law provides greater clarification
by providing a list of examples of when an employee is not eligible to work, which includes such
circumstances such as when an employee is on layoff or furlough status at the time of termination;
when a position is eliminated or inactive as part of the Nation’s response to a financial force majeure
event including, but not limited to, responses to war, global health pandemics, and/or any substantial
loss of revenue or funding; and when an employee would otherwise not be eligible to work in the
position from which they were terminated in accordance with the position description based on
applicable grant requirements when a position is grant funded, applicable laws of the Nation, including,
but not limited to, the Vehicle Driver Certification and Fleet Management law, and a criminal
conviction. [2 O.C. 206.5-2(d)(1)-(3)].
Effect. This provision of the Law clarifies when it should be considered that an employee is not
eligible to work, and therefore is not eligible for back pay.
91
92
93
94
95
96
97
98
99
100
101
102
103
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the Back Pay 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 of the Oneida Personnel Policies and Procedures specifically addresses
complaints, disciplinary actions and grievances. Section V.D.6 provides that any employee
who receives a disciplinary action which he/she believes is unfair may grieve the action.
Section V.D.6.f.5 then provides that the Oneida Personnel Commission may: uphold the
disciplinary action; or overturn the disciplinary action and either reinstate the employee with
full back pay for any lost time or reinstate the employee without back pay.
Page 3 of 5
26 of 46
Analysis to Draft 1
2022 10 19
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
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
The Back Pay law will now address the reinstatement of an employee who has a termination
overturned in section 206.4, as well as provide greater clarification on how back pay is
calculated in section 206.5.
Drug and Alcohol Free Workplace Law. 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. [2 O.C. 202.1-1].
The Drug and Alcohol Free Workplace law provides that it is the employee’s responsibility to
cooperate with the requests made by Employee Health Nursing and the Medical Review
Officer. [2 O.C. 202.5-2(e)]. 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. Id.
The Drug and Alcohol Free Workplace law provides that 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 Employee Health Nursing of negative results on both the drug
and alcohol tests, or Medical Review Officer verified negative test results. [2 O.C. 202.10-2].
If the employee is reinstated after confirmation of drug and alcohol testing results, back pay
shall be provided in accordance with the Back Pay law. [2 O.C. 202.10-3].
Furlough Law. The purpose of the Furlough law is to enable the Nation to implement a furlough
program in response to an interruption of governmental revenues or operations, insufficient treasury
funds or other emergencies/ unplanned events as determined by the Oneida Business Committee in
accordance with this law; establish a consistent and equitable process for implementation of a
furlough program; and incorporate Indian preference into the furlough program and require that it
be applied in accordance with this law. [2 O.C. 205.1-1].
The Furlough law provides that except when an employee successfully appeals being placed
on furlough status in violation of this law, employees placed in furlough status shall not be
eligible for back pay upon their return to work. [2 O.C. 205.8-6].
Investigative Leave Policy. The purpose of the Investigative Leave Policy is to address
investigative leave for employees undergoing work-related investigations. [2 O.C. 208.1-1].
The Investigative Leave Policy provides that an employee placed on investigative leave shall
not receive any wages or benefits unless placed in an alternative work assignment, and that if
the employee refuses the alternative work assignment and is returned to work, the employee
shall not receive any back pay or benefits. [2 O.C. 208.10-2].
The Investigative Leave Policy provides that an employee shall receive back pay and benefits
for the time the employee was on investigative leave pursuant to the Back Pay law if all of the
following occur: the employee was not offered an alternative work assignment when placed on
investigative leave; the employee is returned to his or her position; and the employee is not
disciplined based on the investigation. [2 O.C. 208.10-4].
SECTION 7. OTHER CONSIDERATIONS
A. 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
Page 4 of 5
27 of 46
Analysis to Draft 1
2022 10 19
148
149
150
151
152
153
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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 5 of 5
28 of 46
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
October 19, 2022
Emergency Management Law
Amendments
Submission Date: 7/6/22
LOC Sponsor: Marie Cornelius
Public Meeting: N/A
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, 2022.
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 2
A good mind. A good heart. A strong fire.
29 of 46
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.
Next Steps:
Approve the legislative analysis of the Emergency Management law amendments.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
30 of 46
Analysis to Draft 1
2022 10 19
EMERGENCY MANAGEMENT LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
Analysis by the Legislative Reference Office
Eliminate the Oneida Nation Emergency Planning Committee and replace
it with an Emergency Management Operations Team. [3 O.C. 302.5-1];
Provide that 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 Emergency Management
Director. [3 O.C. 302.5-3];
Require that within forty-eight (48) hours of an emergency, the
Emergency Management 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. [3 O.C. 302.8-4];
Allow the Oneida Business Committee to direct the Emergency
Management Director to provide additional emergency briefings to the
Oneida Business Committee. [3 O.C. 302.8-4];
Require that within thirty (30) days of an emergency subsiding, unless
additional time is granted by the Oneida Business Committee, the
Emergency Management Director shall prepare, or shall work in
conjunction with the appropriate entity to prepare, a preliminary
emergency assessment report to be presented to the Oneida Business
Committee, any interested entity, and the public. [3 O.C. 302.8-5];
Extend the amount of time for the Emergency Management Director to
prepare and present an after-action report to the Oneida Business
Committee, any interested entity, and the public, from sixty (60) days to
ninety (90) days. [3 O.C. 302.8-6].
To provide for the development and execution of plans for the protection of
residents, property, and the environment in an emergency or disaster; to
provide for the direction of emergency management, response, and recovery
on the Reservation; as well as coordination with other agencies, victims,
businesses, and organizations; to establish the use of the National Incident
Management System (NIMS); and to designate authority and responsibilities
for public health preparedness. [3 O.C. 302.1-1]
Emergency Management Operations Team, Emergency Management
Director, Oneida Business Committee
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period. The emergency amendments
to this law will expire on March 14, 2022.
Page 1 of 7
31 of 46
Analysis to Draft 1
2022 10 19
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
39
40
41
42
43
44
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Emergency Management law (“the Law”) was first adopted by the Oneida Business
Committee on July 15, 1998,(formally known as the Emergency Management and Homeland Security
law) and most recently amended on March 10, 2021. The Law provides for the development and
execution of plans for the protection of residents, property, and the environment in an emergency or
disaster; to provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to
establish the use of the National Incident Management System (NIMS); and to designate authority and
responsibilities for public health preparedness. [3 O.C. 302.1-1].
B. Adoption of Emergency Amendments. On June 15, 2022, the Oneida Nation and surrounding areas
experienced a severe thunderstorm, high winds and tornados affecting power, damaging homes and
businesses, and impacting access through downed trees causing multiple buildings and much of the
programs and services of the Nation to be negatively impacted through damage to buildings, lack of
power and utilities, and inability of employees to come to work as a result of the same impact on their
homes. The Oneida Business Committee declared an emergency resulting from the damages caused by
the June 15, 2022, severe weather through the adoption of resolution BC-06-20-22-A, Declaration of
Emergency Resulting from the Damages Caused by the June 15, 2022, Severe Weather and Tornado.
On June 24, 2022, the Oneida Business Committee storm held an emergency debrief session with the
Emergency Management Director, and in that meeting it was identified that amendments to the
Emergency Management law would be needed to address the Oneida Nation Emergency Planning
Committee, and the difficulties of composing this Team to meet the needs of the Nation for an
emergency response. The Legislative Operating Committee added these amendments to its Active Files
List on July 6, 2022, and determined that these amendments should be pursued on an emergency basis.
The Oneida Nation Emergency Planning Committee assists the Emergency Management Director
in drafting and maintaining the Emergency Response Plan, and at the request of the Emergency
Management Director, the Oneida Nation Emergency Planning Committee shall provide assistance
to the Emergency Management Director in the implementation of the provisions of this law or any
plan issued thereunder. The Oneida Nation Emergency Planning Committee shall consist of
representatives from entities and a community representative as identified in the Oneida Nation
Emergency Planning Committee bylaws.
Some of the positions identified in the 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.
Amendments to the Law are being sought to address the Oneida Nation Emergency Planning
Committee since it is essential that direct reports and employees of those designated areas
participate on this committee in order to achieve the best emergency response for the Nation.
The emergency adoption of amendments to this Law were necessary for the preservation of the
safety and general welfare of the Reservation population in order to ensure that the Nation can
adequately respond to emergencies that occur by ensuring that there is an Emergency Management
Page 2 of 7
32 of 46
Analysis to Draft 1
2022 10 19
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
Operations Team that can assist the Emergency Management Director in drafting and maintaining
the Emergency Response Plan., as well as assist the Emergency Management Director in the
implementation of the provisions of this law or any plan issued thereunder.
Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law were contrary to public interest since the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the
Emergency Management Operations Team can be established and prepared to aid in the emergency
response prior to the next emergency occurring within the Nation.
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. The emergency
amendments to the Emergency Management law will expire on March 14, 2022.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
emergency amendments to this Law and legislative analysis:
Emergency Management Department;
General Manager; and
Government Administrative Office.
B. The following laws were reviewed in the drafting of this analysis:
Emergency Management law; and
Boards, Committees, and Commissions law.
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
SECTION 4. PROCESS
A. The development of the proposed amendments to the Emergency Management law complies with the
process set forth in the Legislative Procedures Act (LPA).
On July 6, 2022, the Legislative Operating Committee added the Law to its Active Files List.
On September 7, 2022, the Legislative Operating Committee approved the Emergency
Management law emergency amendments adoption packet and forward these materials to the
Oneida Business Committee for consideration.
On September 14, 2022, the Oneida Business Committee adopted resolution BC-09-14-22-B
entitled, Emergency Amendments to the Emergency Management Law.
On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed
amendments to the Emergency Management law and directed that a legislative analysis be
completed.
B. The Legislative Operating Committee has held the following work meetings specific to the proposed
emergency amendments to this Law:
July 18, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 2, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 25, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 25, 2022: LOC work session.
Page 3 of 7
33 of 46
Analysis to Draft 1
2022 10 19
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
130
131
August 30, 2022: LOC work session with the Emergency Management Department.
October 4, 2022: Work Session with Gaming General Manager and Staff, General Manager,
Finance Administration, and the Emergency Management Director.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Emergency Management Operations Team. Previously the Law provided that there be an Oneida
Nation Emergency Planning Committee which consisted of representatives from entities and a
community representative as identified in the Oneida Nation Emergency Planning Committee bylaws
as approved by the Oneida Business. The proposed amendments to the Law eliminate the Oneida Nation
Emergency Planning Committee and replace it with an Emergency Management Operations Team. [3
O.C. 302.5-1]. The Emergency Management Operations Team consists of representatives from entities
as identified by the Emergency Management Director. Id. The purpose of the Emergency Management
Operations Team remains the same as the purpose of the Oneida Nation Emergency Planning
Committee, which is to assist the Emergency Management Director in drafting and maintaining the
Emergency Response Plan, as well as to assist the Emergency Management Director in the
implementation of any provision of the Law or any plan issued thereunder. [3 O.C. 302.5-2].
Additionally, a new provision added to the Law sets expectations for the Emergency Management
Operations Team by providing the requirement that members attend meetings, or send a designee in
their absence, and comply with any training requirements set forth by the Emergency Management
Director. [3 O.C. 302.5-3].
Effect. The proposed amendments to the Law replace the Oneida Nation Emergency Planning
Committee with the Emergency Management Operations Team. This revision demonstrates
that the Nation is better suited with the Emergency Management Operations Team which exists
not as a board, committee, or commission of the Nation, but instead as a network of different
employee positions throughout the Nation that all have a responsibility to aid in the Nation’s
response to emergencies. This eliminates the previous difficulty in composing this Team to
meet the needs of the Nation for an emergency response since a conflict with section 105.15-3
of the Boards, Committees, and Commissions law no longer exists, and the direct reports and
employees of those designated areas can now participate on this Emergency Management
Operations Team to achieve the best emergency response for the Nation.
B. Emergency Briefings. A new provision was added to the Law which requires that within forty-eight
(48) hours of an emergency, the Emergency Management 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. [3 O.C. 302.8-4]. The Oneida Business Committee
may then direct the Director to provide additional emergency briefings. Id.
Effect. The new provision ensures that the Emergency Management Director is briefing the
Oneida Business Committee on the status of the emergency, actions taken to address the
emergency, and the activation of the Emergency Response Plan so that the Oneida Business
Committee stays informed on an emergency occurring within the Nation in an effort to make
better policy decisions and provide greater communication to the community.
C. Preliminary Emergency Assessment Report. A new provision was added to the Law which requires
that after an emergency has subsided, the Director shall prepare, or shall work in conjunction with the
appropriate entity to prepare, a preliminary emergency assessment report to be presented to the Oneida
Page 4 of 7
34 of 46
Analysis to Draft 1
2022 10 19
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
Business Committee, any interested entity, and the public. [3 O.C. 302.8-5]. This report is required to
be presented to the parties no later than thirty (30) days after the emergency has subsided, unless an
extension is granted by the Oneida Business Committee.
Effect. The new provision to the Law ensures the Emergency Management Director is
providing the Oneida Business Committee, any interested entity, and the public with a
preliminary report that reviews the Nation’s response to an emergency and identifies any areas
in which the response could have been improved. Providing this information in a preliminary
emergency assessment report allows the Nation to be best prepared in how to improve
emergency response, in case an additional emergency occurs before the full analysis of a
particular emergency response can be provided in the after-action report.
D. Extension of the Timeframe for an After-Action Report. Previously, the Law provided that after an
emergency has subsided, the Emergency 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 no later than sixty (60) days after the emergency has subsided,
unless an extension is granted by the Oneida Business Committee. The amendments to the Law extend
the timeframe for when an after-action report is required to be presented from sixty (60) days to ninety
(90) days. [3 O.C. 302.8-6].
Effect. The amendments to the Law provide the Emergency Management Director additional
time to prepare an after-action report to be presented to the Oneida Business Committee, any
interested entity, and the public. The Emergency Management Director informed the
Legislative Operating Committee that sixty (60) days is not a sufficient time allowance to
complete this report, especially when there are times that information needs to be collected
from other agencies to be included in the report.
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
of laws of the Nation which includes taking into account comments from members of the
Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
Page 5 of 7
35 of 46
Analysis to Draft 1
2022 10 19
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
217
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of these proposed emergency amendments conform with the requirements of
the Legislative Procedures Act.
Boards, Committees, and Commissions Law. The Boards Committees and Commissions law
governs boards, committees, and commissions of the Nation, including the procedures
regarding the appointment and election of persons to boards, committees and commissions,
creation of bylaws, maintenance of official records, compensation, and other items related to
boards, committees and commissions. [1 O.C. 105.1-1].
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. [1
O.C. 105.15-3].
The proposed amendments to the Law replace the Oneida Nation Emergency Planning
Committee with the Emergency Management Operations Team to eliminate any
conflict with section 105.15-3 of the Boards, Committees, and Commissions law.
SECTION 7. OTHER CONSIDERATIONS
A. Deadline for Permanent Adoption of Legislation. The emergency amendments to the Law will expire
on March 14, 2022. The emergency legislation may be renewed for an additional six (6) month period.
Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
amendments is necessary on a permanent basis, and if so, develop the permanent amendments to
this Law within the next six (6) to twelve (12) months.
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 6 of 7
36 of 46
Analysis to Draft 1
2022 10 19
218
219
220
221
222
223
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 7 of 7
37 of 46
Draft 1 (Redline to Last Permanent)
2022 10 05
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
38 of 46
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
39 of 46
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
40 of 46
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
41 of 46
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
42 of 46
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
43 of 46
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 policies governing employment.
(a) An employee of the Nation who is disciplined under this law may appeal the
disciplinary action in accordance with the Nation’s laws and policies governing
employment.
End.
3 O.C. 302 – Page 7
44 of 46
314
315
316
317
318
319
320
321
322
Draft 1 (Redline to Last Permanent)
2022 10 05
Adopted - BC-07-15-98-A
Amended - BC-12-20-06-G
Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))
Amended - BC-05-13-09-F
Emergency Amended – BC-03-17-20-E (COVID-19)
Extension of Emergency – BC-08-26-20-A
Amended – BC-03-10-21-A
Emergency Amended – BC-09-14-22-B
Amended – BC-__-__-__-__
3 O.C. 302 – Page 8
45 of 46
~
Oneida Nation
OODODD=
Business Committee
HANDOUT
PO Box 365 y Oneida, WI 54155-0365
oneida-nsn.gov
ONEIDA
Memorandum
m
TO:
Legislative Operating Committee
CC:
Legislative Reference Office
FROM: Lisa Liggins, Secretary
cn=Lisa Liggins, o=Oneida
Nation, ou,
email=lliggins@oneidanati
on.org, c=US
2022.10.18 16:46:53 -05'00'
DATE:
October 18, 2022
RE:
BC Work Session Follow Up -- Emergency Amendments to the Budget and
Finances law
BACKGROUND
D
The Oneida Business Committee (OBC) met on October 18, 2022, in a work session and
discussed the processing of the FY-2023 budget. Issues identified for the processing of the FY2023 budget include: 1) delayed start due to compensation studies; 2) deadline for approval
required by the Budget and Finances law (end of December); 3) medical leave of Treasurer and
Assistant CFO; and 3) impending leave of the CFO in December.
The Chief Financial Officer (CFO) presented and discussed four (4) options on how to move
forward; one (1) option was agreed to by consensus of the OBC:
x Retain a Third-Party Public Accounting Firm/Consultant to Process the 2023 Budget
o Note: due to a potential Conflict of Interest, the CFO recommends the Audit
Committee & Audit Department facilitate all aspect of the engagement
In addition, due to the time that will be needed to move forward with this consensus decision,
the OBC determined that the December 31 deadline to adopt a budget, which is identified in
the Budget and Finances law, will not be met.
D ACTION
N
REQUESTED
The OBC is requesting that the Legislative Operating Committee draft emergency amendments
to the Budget and Finances law to allow for additional time to adopt the annual budget.
NOTE: Councilmembers Jordan, Cornelius, Metoxen, and Websters were all in attendance
during the October 18, 2022, work session discussion.
Thank you.
Page 1 of 1
A good mind. A good heart. A strong fire.
46 of 46
October 2022
October 2022
November 2022
SuMo TuWe Th Fr Sa
SuMo TuWe Th Fr Sa
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
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
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
Sep 25
26
27
28
29
30
Oct 1
2
3
4
5
6
7
8
13
14
15
20
21
22
27
28
29
4
5
9:00am LRO Staff
Meeting
(Legislative
Reference
10:00am
Placement of
the Internal
9:00am LOC
Meeting
(BC_Conf_Roo
m) - LOC
D
9
l
I
10
11
10:00am
Investigative
Leave Policy
Amendment
1:00pm
Rulemaking
Authority and
1:00pm Furlough
Law work
meeting
(Microsoft
Teams
Meeting) Carolyn A.
D
16
l
I
17
18
9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
23
24
12
1:30pm LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago
19
8:30am LOC Prep
(Microsoft
Teams
9:00am LOC
Meeting
1:30pm Oneida
Personnel
25
26
9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
30
31
9:30am LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago
Nov 1
2
3
9:00am LRO Staff
Meeting
(Legislative
Reference
10:00am Drug
and Alcohol
Free
D
LOC
l
I
1
10/13/2022 2:50 PM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.