Oneida Business Committee (2019)

1 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

January 2, 2019 9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. December 19, 2018 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Petition: Scott Kosbab – Creating a Term Limit Law (pg. 4)

2. Employee Protection Policy Amendments (pg. 13)

3. Petition: Gina D. Powless – Rescinding the Removal Law (pg. 32)

4. Oneida Personnel Commission Bylaws (pg. 37)

IV.

New Submissions

1. General Welfare Exclusion Act – Income Exemptions (pg. 67)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 108

Oneida Nation

~

Oneida Business Committee

Legislative Operating Committee

GDDDOO

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

December 19, 2018

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III

Excused: Daniel Guzman King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Lee

Cornelius, Bonnie Pigman

I.

Call to Order and Approval of the Agenda

David P. Jordan called the December 19, 2018 Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to approve the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

December 05, 2018 LOC Minutes

Motion by Kirby Metoxen to approve the December 05, 2018 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business

1. Employee Protection Policy Amendments (:54-1:45)

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

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

Stevens III. Motion carried unanimously.

IV.

New Submissions

1. Curfew Law (1:47-5:39)

Motion by Jennifer Webster add the Curfew Law to the active files list and assign

Ernest Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried

unanimously.

V.

Additions

VI.

Administrative Items

1. LOC Response to the TAP Laws and Policy Subcommittee Memorandum (5:407:46)

Motion by Jennifer Webster to approve the LOC response to the TAP Laws and Policy

Subcommittee memorandum and send to the recipients identified in the memorandumr'\.

OOODDD=

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

Legislative Operating Committee Meeting Minutes of December 19, 2018

Page 1 of 2

ONEIDA

3 of 108

and add the Trust Enrollment Committee; seconded by Ernest Stevens III. Motion

carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn the December 19, 2018 Legislative Operating

Committee meeting at 9:07 a.m.; seconded by Ernest Stevens III. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of December 19, 2018

Page 2 of 2

4 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 2, 2019

Petition: Scott Kosbab – Creating a Term

Limits Law

Submission Date: 11/21/18

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

LOC Sponsor: David P. Jordan

Summary: This petition has the following summary of purpose:

1) To adopt "TERM LIMITS LAW" specifying that two (2) entire consecutive terms per person are

maximum allowable term limits for assignments to the ONEIDA BUSINESS COMMITTEE and all

BOARDS, COMMISSIONS, COMMITTEES, AD-HOC TASK FORCES, and CORPORATE BOARDS.

2) "TERM LIMITS LAW" will not prevent any person from serving more than two (2) terms if there has

been two (2) entire terms between the specific assignment [sic].

3) "TERM LIMTS LAW" will limit reimbursement(pay) to not exceed $100 per meeting and be limited

to one (1) meeting every other week or twenty-six each year.

4) ALL ELECTED CHAIRPERSONS ARE EXEMPT FROM TERM LIMIT LAW”

11/14/18 OBC: Motion by David P. Jordan to acknowledge the receipt of the petition from Scott

Kosbab regarding Creating a Term Limits law, seconded by Jennifer Webster. Motion

carried.

Motion by Jennifer Webster to assign the petition to a GTC meeting agenda to be

tentatively held on February 24, 2019 at 10:00 a.m., seconded by David P. Jordan.

Motion carried.

Motion by Jennifer Webster to direct the OBC Direct Report Offices to complete and

submit their administrative impact statements of the petition to the Secretary by Friday,

November 30, 2018, seconded by David P. Jordan. Motion carried.

Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference

Offices to complete and submit the legal review, fiscal impact statement, and statement

of effect, respectively, for a special Business Committee meeting to be scheduled by

the Secretary between January 2, 2019, and January 18, 2019, seconded by Trish King.

Motion carried.

11/21/18 LOC: Motion by Kirby Metoxen to add the Petition: Scott Kosbab – Creating Term Limits

law to the Active Files List and assign David P. Jordan as the sponsor; seconded by

Jennifer Webster. Motion carried unanimously.

Next Steps:

▪ Accept the statement of effect for the Petition: Scott Kosbab – Creating a Term Limits Law

and forward to the Oneida Business Committee.

Page 1 of 1

5 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

ONEIDA

Statement of Effect

Petition: Scott Kosbab – Creating a Term Limits Law

Summary

This petition requests the General Tribal Council to consider creating a Term Limits law which

would provide the maximum allowable consecutive terms limits for all elected and appointed

positions, except elected chairpersons, and limit the amount of reimbursement a person in an

elected or appointed position is eligible to receive. This petition would result in a legislative impact

as it conflicts with the Oneida Nation Law Enforcement Ordinance and the Boards, Committees,

and Commissions law. Additionally, the development of a Term Limits law would be required to

comply with the Legislative Procedures Act.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: January 2, 2019

Analysis by the Legislative Reference Office

On November 1, 2018, the Petition: Scott Kosbab – Creating a Term Limits Law (“the Petition”)

was submitted to the Business Committee Support Office by Scott Kosbab and has since been

verified by the Oneida Trust Enrollment Department. On November 14, 2018, the Oneida Business

Committee accepted the verified Petition and requested that the Legislative Reference Office

complete a statement of effect for a special Business Committee meeting to be scheduled by the

Secretary between January 2, 2019, and January 18, 2019.

The purpose of this Petition is to “1) To adopt "TERM LIMITS LAW" specifying that two (2) entire

consecutive terms per person are maximum allowable term limits for assignments to the ONEIDA

BUSINESS COMMITTEE and all BOARDS, COMMISSIONS, COMMITTEES, AD-HOC TASK

FORCES, and CORPORATE BOARDS. 2) "TERM LIMITS LAW" will not prevent any person from

serving more than two (2) terms if there has been two (2) entire terms between the specific

assignment [sic]. 3) "TERM LIMTS LAW" will limit reimbursement (pay) to not exceed $100 per

meeting and be limited to one (1) meeting every other week or twenty-six each year. 4) ALL

ELECTED CHAIRPERSONS ARE EXEMPT FROM TERM LIMIT LAW.”

The Legislative Process

The Petition requests the General Tribal Council to adopt a Term Limits law. The process for the

adoption of laws of the Nation was set forth by the General Tribal Council through the Legislative

Procedures Act (“the LPA”). The LPA intends to ensure that there is a standard process for

developing legislation for the Nation. [1 O.C. 109.1-2]. Although the LPA is not construed to

impede the constitutional right of a member of the Nation under Article III, Section 4 of the Oneida

Nation Constitution and Bylaws to petition for a special meeting of the General Tribal Council,

the lawmaking requirements provided by the LPA do apply to all legislation considered by the

Oneida Business Committee or the General Tribal Council. [1 O.C. 109.1-3, 109.1-1].

Page 1 of 8

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

6 of 108

A person who is interested in pursuing the development of a law may submit a written request for

legislation to the Legislative Reference Office, who shall then place the request for legislation on

the agenda of the next duly called Legislative Operating Committee meeting. [1 O.C. 109.5-1,

109.5-2]. General Tribal Council delegated the Legislative Operating Committee the responsibility

for the development of laws of the Nation. The Legislative Operating Committee is comprised of

those Oneida Business Committee members who do not hold officer positions. [1 O.C. 110.41(b)]. The Legislative Operating Committee shall then either accept or deny the request, except

that the Legislative Operating Committee shall not deny a request for legislation directed by a

General Tribal Council law, resolution, or motion. [1 O.C. 109.5-2(a)-(b)].

Once the Legislative Operating Committee accepts a request for legislation and directs that a law

be developed in accordance with the LPA, a draft of the proposed law is created through research,

review of other similar laws, collaboration with affected entities, and community engagement

efforts. Once a draft of the proposed law is approved by the Legislative Operating Committee a

legislative analysis of the draft legislation is completed. The purpose of the legislative analysis is

to describe the important features of the legislation being considered and factual information to

enable the Legislative Operating Committee to make informed decisions regarding legislation. [1

O.C. 109.3-1(g)]. 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)].

Next, the Legislative Operating Committee moves forward with obtaining a public review of the

proposed legislation. The Legislative Operating Committee determines a public meeting date and

then a public meeting notice is created that contains the date, time and place of the public meeting,

the time period for the public comment period, and the name, address, phone number, and other

appropriate information on where to submit comments on the proposed legislation. [1 O.C. 109.82]. At least ten (10) business days before the public meeting is held the public meeting notice is

published in the Kalihwisaks, while the public meeting notice, proposed draft of the legislation,

legislative analysis, and fiscal impact statement if available, are published on the Oneida Register

found at https://oneida-nsn.gov/government/register/, and electronically noticed to all managers

and directors. [1 O.C. 109.8-2]. The managers and directors who receive the public meeting

materials are then required by law to direct employees of the Nation who have special knowledge

or expertise on the proposed legislation to provide public comments. [1 O.C. 109.8-4(a)].

The public meeting on the proposed legislation shall be presided over by at least one (1) member

of the Legislative Operating Committee. [1 O.C. 109.8-3(a)]. The purpose of the public meeting

is to solicit oral comments from members of the community on the proposed legislation. [1 O.C.

109.8-3]. After the public meeting concludes, the Legislative Operating Committee holds open a

public comment period for at least five (5) business days. [1 O.C. 109.8-1(a)]. During the public

comment period individuals may submit written comments including data, views, arguments, or

concerns to the Oneida Business Committee Secretary or the Legislative Reference Office in

person or through United States mail, interoffice mail, e-mail, or fax. [1 O.C. 109.8-1(c), 109.44(b)].

Page 2 of 8

7 of 108

Once the public comment period has concluded, the Legislative Operating Committee is required

by the LPA to consider fully all written comments and oral testimony received during the public

comment period and any public meeting on the proposed legislation. [1 O.C. 109.8-4]. The

Legislative Operating Committee accomplishes this responsibility through the development of a

public comment review memorandum that provides the Legislative Operating Committee’s

consideration of every comment received, and demonstrates any changes made to the proposed

legislation based on the public comments.

A fiscal impact statement is also required for all proposed legislation. [1 O.C. 109.6-1]. A fiscal

impact statement provides an estimate of the total fiscal year financial effects associated with

legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate

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

implementation. [1 O.C. 109.3-1(c)]. The Legislative Operating Committee may direct that a fiscal

impact statement be submitted by any agency who may receive funding if the legislation is enacted,

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

the subject matter of the legislation, or the Finance Department. [1 O.C. 109.6-1].

After all the requirements of the LPA are met and the Legislative Operating Committee is satisfied

with proposed legislation, the Legislative Operating Committee shall forward the proposed

legislation, legislative analysis, and fiscal impact statement to the Oneida Business Committee for

consideration. [1 O.C. 109.9-1]. The Oneida Business Committee shall then either consider the

adoption of the legislation or forward the legislation to the General Tribal Council for

consideration. [1 O.C. 109.9-1(a)-(b)]. A law is adopted, amended, or repealed upon adoption of

a resolution. [1 O.C. 109.9-2]. For those laws considered by the Oneida Business Committee a

majority vote is required for the adoption of the law, while amendments and repeals of a law are

handled in accordance with the laws governing Oneida Business Committee Action. [1 O.C. 109.92(a)]. For those laws considered by the General Tribal Council, adoption, amendment, and repeal

of laws are done in accordance with the laws governing General Tribal Council action. [1 O.C.

109.9-2(b)]. Any action by the General Tribal Council to overrule previous passed motions or

resolution required a two-thirds (2/3) vote. [1 O.C. 113.3-1(a)(3)].

Once legislation is adopted through resolution by either the Oneida Business Committee or the

General Tribal Council the law shall become effective ten (10) business days after the date of

adoption, unless a different effective date is specified. [1 O.C. 109.9-3]. The Legislative Operating

Committee is then responsible for publishing the law in the Oneida Code of laws by the effective

date. [1 O.C. 109.9-4]. The Oneida Code of Laws can be found at https://oneidansn.gov/government/register/laws/.

Although through this Petition the General Tribal Council can direct the creation of a Term Limits

law, the development of that law would have to follow the process and procedures set forth by the

LPA.

Term Limits

The Petition asks the General Tribal Council to consider the adoption of a Term Limits law that

would specify that a person serving a position on the Oneida Business Committee, a corporate

Page 3 of 8

8 of 108

board of the Nation, an ad-hoc task force, or any other board, committee, or commission of the

Nation:

▪ is limited to serving two (2) consecutive terms on the entity; and

▪ is not prohibited from seeking a position on an entity the person previously served two (2)

consecutive terms as long as there has been two (2) consecutive terms since the person’s

specific assignment.

There is currently no legislation of the Nation that addresses term limits of those individuals

elected to the Oneida Business Committee. The Constitution and Bylaws of the Oneida Nation

(“the Constitution”) provides many details on the various requirements for the Oneida Business

Committee such as:

▪ Who may run for office with the Oneida Business Committee - a person must be age

twenty-one (21) or over and physically reside in either Brown or Outagamie Counties;

▪ How many members may sit on the Oneida Business Committee - overall the Oneida

Business Committee will be comprised of nine (9) members;

▪ What officer positions must be held on the Oneida Business Committee – it is necessary to

have a chairperson, a vice chairperson, a treasurer, and a secretary;

▪ What constitutes a quorum – a quorum is a majority of the body including the chairperson

or vice chairperson;

▪ How regular meetings will be established – regular meetings are established by resolution

of the Oneida Business Committee;

▪ Notice requirements for special meetings – it is required that there be at least three (3) day

advance notice by the chairperson to all members or upon written request of a majority of

the Oneida Business Committee stating the time, place, and purpose of the special meeting;

▪ How vacancies are filled - General Tribal Council may at any regular special meeting fill

any vacancies that occur on the Oneida Business Committee for an unexpired term;

▪ How Oneida Business Committee members are removed – removal is at the discretion of

the General Tribal Council by a two-thirds (2/3) majority vote at any regular or special

meeting of the General Tribal Council pursuant to a duly adopted ordinance, which is the

Nation’s Removal law; and

▪ How often Oneida Business Committee members are elected – elections occur every three

years in the month of July.

[see Constitution Article III, Section 3 and Article III, Section 4].

Although the Constitution provides many details regarding election to the Oneida Business

Committee and composition of the Oneida Business Committee, term limits for those individuals

elected to serve a position on the Oneida Business Committee were not included.

Boards, committees, and commissions of the Nation are governed by the Boards, Committees, and

Commissions law. The Boards, Committees, and Commissions law governs 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 applies to all boards, committees, and commissions of the Nation created by the

General Tribal Council or the Oneida Business Committee whose members are appointed by the

Oneida Business Committee or elected by the Nation’s membership. [1 O.C. 105.3-1(h)]. This law

also applies to task force or ad hoc entities, which are defined as group of persons gathered to

Page 4 of 8

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

~

ONEIDA

9 of 108

pursue a single goal, the accomplishment of which means the disbanding of the group. [1 O.C.

105.3-1(r)]. The goals of a task force or ad hoc entity are generally accomplished in a short time

period, i.e. less than one year, but the goal itself may be long-term. [1 O.C. 105.3-1(r)]. The Oneida

Business Committee and corporations of the Nation are not subject to the provisions of the Boards,

Committees, and Commissions law. [1 O.C. 105.1-1(a)-(b)].

The Boards, Committees, and Commissions law does not directly provide for term limits for those

individuals elected or appointed to serve on a board, committee, or commission of the Nation. The

Boards, Committees, and Commissions law does however require that every board, committee, or

commission of the Nation have bylaws that conform to the requirements of the law. [1 O.C.

105.10-1]. Task forces and ad hoc entities are exempted from the requirement to have bylaws, but

must have, at minimum, mission or goal statements for completion of the task. [1 O.C. 105.101(c)]. All bylaws are required to include information on the membership of the board, committee

or commission, such as the number of members on an entity, if members are appointed or elected,

and qualifications for membership. [1 O.C. 105.10-3(a)(5)]. It is within this section of the bylaws

that a board, committee, or commission of the Nation can include information on term limits, and

whether serving a certain number of consecutive terms on a board, committee, or commission then

bars qualification for membership.

Although the Boards, Committees, and Commissions law does not provide for term limits for those

individuals sitting on a board, committee, or commission of the Nation, there are other laws of the

Nation which do address this matter. The Election law, as adopted by the General Tribal Council

through resolution GTC-04-23-17-A, provides that an Election Board member is elected to a term

of three (3) years, not to exceed two (2) consecutive terms. [1 O.C. 102.4-2]. The Oneida Nation

Law Enforcement Ordinance provides that those individuals appointed by the Oneida Business

Committee to serve on the Oneida Police Commission are not allowed to serve more than three

consecutive terms. [3 O.C. 301.6-2]. The Petition’s request to have a Term Limits law limit an

individual to serving two (2) consecutive terms on a board, committee, or commission of the

Nation would directly conflict with the Oneida Nation Law Enforcement Ordinance’s provision

on term limits.

The only other board, committee, or commission of the Nation to currently have term limits is the

Oneida Nation Commission on Aging, and this is a requirement only found in the bylaws of the

commission. The bylaws of the Oneida Nation Commission on Aging contain a provision that

limits a commissioner to serving two (2) consecutive terms in accordance with Wisconsin Statute

46.82(4)(c). The Oneida Nation Commission on Aging’s bylaws do allow a commissioner who

has completed two (2) consecutive terms to be eligible to serve another term as long as a period of

not less than one (1) year has lapsed since the commissioner’s previous terms. This provision of

the bylaws would conflict with the Petition’s request to have a Term Limits law provide that an

individual is not prohibited from seeking a position on an entity the person previously served two

(2) consecutive terms as long as there has been two (2) consecutive terms since the person’s

specific assignment.

There is currently no legislation of the Nation that address corporate entities of the Nation, or more

specifically, term limits for those individuals serving a position on a corporate entity of the Nation.

Page 5 of 8

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

~

ONEIDA

10 of 108

Term Limit Exemption for Elected Chairpersons

The Petition requests the General Tribal Council to consider allowing the proposed Term Limits

law to provide an exemption from all provisions of the Term Limits law to all elected chairpersons.

The application and impact of the Petition’s proposed exemption for all elected chairpersons from

the provisions of the Term Limits law is currently unclear as there is not enough information

provided for it to be known whether this exemption would apply to only those chairpersons that

were elected by the Nation’s membership to specifically hold a chairperson position, such as the

Oneida Business Committee chairperson position, or if the exemption would apply to all

individuals holding a chairperson position on an elected entity of the Nation, even if that

chairperson position was selected not by the membership of the Nation, but by the specific board,

committee, or commission in accordance with the board, committees or commission’s bylaws [1

O.C. 105.10-3(b)(5)], or other governing document or process.

Provisions regarding term limits are only provided for in the Election law, the Oneida Nation Law

Enforcement Ordinance, and the Oneida Nation Commission on Aging’s bylaws. Of the three (3)

entities governed by those documents only the Election Board and the Oneida Nation Commission

on Aging are elected bodies. Neither the Election law, nor the Oneida Nation Commission on

Aging’s bylaws allow for an exemption from term limits for the chairperson.

Stipends and Reimbursement

The Petition asks the General Tribal Council to consider the adoption of a Term Limits law that

would limit the amount of reimbursement or pay an individual serving a position on the Oneida

Business Committee, a corporate board of the Nation, an ad-hoc task force, or any other board,

committee, or commission of the Nation can receive up to one hundred dollars ($100) per meeting.

The Petition also requests that the proposed Term Limits law limit the number of meetings that a

member of the Oneida Business Committee, a corporate board of the Nation, an ad-hoc task force,

or any other board, committee, or commission of the Nation are allowed to receive reimbursement

for to one (1) meeting every other week, or twenty-six (26) meetings a year.

Stipends and reimbursement for general boards, committees, and commissions of the Nation are

governed by the Boards, Committees, and Commissions law. The Oneida Business Committee is

delegated the authority to set stipend amounts by resolution. [1 O.C. 105.13-2]. The Oneida

Business Committee adopted resolution BC-09-26-18-D titled, “Boards, Committees, and

Commissions Law Stipends” which sets forth stipend amounts to be paid to a member of a board,

committee, or commission of the Nation.

In regard to stipends or reimbursement for attendance at a meeting, a member of a board,

committee, or commission shall receive a meeting stipend for a regular or emergency meeting

where a quorum has been established in accordance with the duly adopted bylaws of that entity,

that lasts for at least one (1) hour, and the member collecting the stipend is physically present for

the entire meeting. [1 O.C. 105.13-3]. An individual serving on an appointed board, committee,

or commission is limited to receiving no more than one (1) seventy-five dollar ($75) meeting

stipend per month. [1 O.C. 105.13-3(a), BC-09-26-18-D]. An individual serving on an elected

Page 6 of 8

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

~

ONEIDA

11 of 108

board, committee, or commission is limited to receiving no more than two (2) one hundred dollar

($100) meeting stipends per month. [1 O.C. 105.13-3(b), BC-09-26-18-D].

Additionally, a member of a board, committee, or commission can also receive a stipend for a joint

meeting with the Oneida Business Committee where a quorum has been established in accordance

with the duly adopted bylaws of that entity, that lasts for at least one (1) hour, and the member

collecting the stipend is physically present for the entire meeting. [1 O.C. 105.13-4]. A joint

meeting stipend does not count towards the general limitation on meeting stipends. [1 O.C. 105.134(a)(1)]. An individual serving on an appointed board, committee, or commission is eligible to

receive a seventy-five dollar ($75) stipend for a joint meeting with the Oneida Business

Committee. [BC-09-26-18-D]. An individual serving on an elected board, committee, or

commission is eligible to receive a one hundred dollar ($100) stipend for a joint meeting with the

Oneida Business Committee. [BC-09-26-18-D].

In addition to stipends or reimbursement for attendance at meetings, the Boards, Committees and

Commissions law and Oneida Business Committee resolution BC-0-26-18-D identify other

stipends available to members of boards, committees, and commissions. Other stipends include:

▪ Oneida Judiciary Hearing Stipends. If a member of a board, committee or commission is

required by official subpoena to attend a Judiciary hearing, that member is eligible for a

stipend of fifty dollars ($50). [1 O.C. 105.13-5, BC-09-26-18-D];

▪ Board, Committee or Commission Hearing Stipend. If a member of a board, committee,

or commission that maintains hearing authority conducts a hearing administered by the

board, committee, or commission, the member is eligible for a stipend of fifty dollars ($50).

[1 O.C. 105.13-6, BC-09-26-18-D];

▪ Pow-wow Activity Stipends. A member of the Oneida Pow-wow Committee is eligible to

receive a stipend of twenty-five dollars ($25) per hour for services he or she provides

during each Pow-wow, not to exceed two hundred dollars ($200) per day, contingent upon

available budgeted funds. [1 O.C. 105.13-7, BC-09-26-18-D];

▪ Election Activity Stipends. A member of the Oneida Election Board is eligible to receive

a stipend of ten dollars ($10) per hour for services he or she provides during an election

including, but not limited to, managing the polling site, recounts, and lot drawings. [1 O.C.

105.13-7, BC-09-26-18-D];

▪ General Tribal Council Meetings Stipends. A member of the Oneida Election Board is

eligible to receive a stipend of one hundred dollars ($100) for attendance and service

provided at a General Tribal Council meeting of the Nation. [1 O.C. 105.13-7, BC-09-2618-D];

▪ Interviews and Job Selection Pre-Screening Stipends. A member of the Oneida Personnel

Commission is eligible to receive a stipend of twenty-five dollars ($25) for up to four (4)

hours of participating in interviews and/or job description pre-screens conducted by the

Human Resource Department, and a stipend of fifty dollars ($50) for more than four (4)

hours of participating in interviews and/or job description pre-screens conducted by the

Human Resource Department. [1 O.C. 105.13-7, BC-09-26-18-D]; and

▪ Conferences and Training Stipends. A member of a board, committee, or commission is

eligible to receive a stipend of one hundred dollars ($100) per day for attendance at a

conference or training that is required by law, bylaw, or resolution. This is in addition to

Page 7 of 8

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

~

ONEIDA

12 of 108

any reimbursement in accordance with the Nation’s policy for travel and per diem. [1 O.C.

105.13-8, BC-09-26-18-D].

The Petition’s request to have the proposed Terms Limit law restrict reimbursement to up to one

hundred dollars ($100) per meeting for up to one (1) meeting every other week, or twenty-six (26)

meetings a year conflicts with the stipend provisions found in the Boards, Committees, and

Commissions law and Oneida Business Committee resolution BC-09-26-18-D. It would be

unnecessary for a Terms Limits law to address restrictions on meeting stipends for boards,

committees, and commissions of the Nation as details on both general meeting stipends and joint

meeting stipends are already provided for in the Boards, Committees, and Commissions law and

the Oneida Business Committee resolution BC-09-26-18-D. Additionally, the restriction of

stipends to only allow for stipends and/or reimbursement for meetings in the proposed Term Limits

law does not recognize the various other stipends or reimbursement a member of a board,

committee, or commission is eligible to receive under the Boards, Committees, and Commissions

law.

In regard to a task force or ad hoc committee, the Boards, Committees, and Commissions law

provides that members of a task force or ad hoc committees and subcommittees shall not be eligible

for stipends unless a specific exception is made by the Oneida Business Committee or the Oneida

General Tribal Council. [1 O.C. 105.13-10]. The Petition’s allocation of a stipend of up to one

hundred dollars ($100) for up to one (1) meeting a week conflicts with this provision of the Boards,

Committees, and Commissions law as it does not require an explicit exemption to be made by the

Oneida Business Committee or General Tribal Council.

There is no current legislation that provides for the amount or frequency of stipends or

reimbursement for members of the Oneida Business Committee or corporate entities of the Nation.

Conclusion

After a review of all applicable laws and policies of the Nation, it has been determined that the

adoption of the Petition: Scott Kosbab – Creating a Term Limits Law would have a legislative

impact.

The Petition’s request to have a Term Limits law limit an individual to serving two (2) consecutive

terms on a board, committee, or commission of the Nation would directly conflict with the Oneida

Nation Law Enforcement Ordinance which allows an individual appointed to the Oneida Police

Commission to serve up to three (3) consecutive terms. [3 O.C. 301.6-2].

The Petition’s request to have the proposed Terms Limit law restrict reimbursement to up to one

hundred dollars ($100) per meeting for up to one (1) meeting every other week, or twenty-six (26)

meetings a year conflicts with the stipend provisions found in the Boards, Committees, and

Commissions law and Oneida Business Committee resolution BC-09-26-18-D.

Additionally, the development of a Term Limits law would have to follow the process and

procedures set forth by the Nation’s Legislative Procedures Act.

Requested Action

Accept the statement of effect for the Petition: Scott Kosbab – Creating a Term Limits Law.

Page 8 of 8

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

~

ONEIDA

13 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 2, 2019

Employee Protection Policy

Amendments

Submission Date: 4/18/18

LOC Sponsor: David P. Jordan

Public Meeting: 12/3/18

Emergency Enacted: 4/25/18

Summary: The purpose of the Employee Protection Policy is to give protection to employees who

give information that is intended to protect the Nation. The processes set forth in the Personnel Policies

& Procedures may be sufficient protection for employees who act to protect the Nation’s interests. The

request is the LOC consider amendments or rescinding the law.

12/20/17LOC: Motion by Jennifer Webster to add Employee Protection Policy to the Active Files List with a

high priority and David P. Jordan as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

2/21/18LOC: Motion by Jennifer Webster to reprioritize the active files list lowering the Drug and

Alcohol Free Law for Elected and Appointed Officials to medium, Employee Protection to

medium, removing Hall of Fame Repeal, and to bump up Wellness Court, UCC Codes, and

Industrial Hemp to High Priority; seconded by Daniel Guzman King. Motion carried

unanimously.

4/18/18 LOC: Motion by Jennifer Webster to change the status to Emergency Amendments; seconded by

Daniel Guzman King. Motion carried unanimously.

4/18/18:

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

Metoxen, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Jo Anne House, Tani

Thurner, Laura Laitinen-Warren. The purpose of this work meeting was to discuss an update

and plan for the emergency amendments.

4/20/18:

E-Poll conducted.

4/25/18 OBC: Motion by Kirby Metoxen to adopt resolution 04-25-18-G Employee Protection Policy

Emergency Amendments, seconded by Brandon Stevens. Motion carried unanimously.

5/2/18 LOC:

Motion by Kirby Metoxen to enter the Employee Protection Emergency Amendments E-poll

into the record; seconded by Ernest Stevens III. Motion carried unanimously.

5/16/18:

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

Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura

Laitinen-Warren. The purpose of this work meeting was to review and discuss the drafted

permanent amendments. Drafting attorney will update the draft.

Page 1 of 3

14 of 108

6/15/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Matthew J. Denny. The

purpose of this work meeting was to discuss HRD’s potential involvement in the disclosure

portion of the Employee Protection Policy.

6/22/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Brandon Stevens, Clorissa

Santiago, Brandon Wisneski, Cathy Bachhuber, Laura Laitinen-Warren. The purpose of this

work meeting was to review potential options for revisions to the law – specifically the

disclosure section. The LRO will conduct further research, and the drafting attorney will

update the draft.

7/11/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Falck, Clorissa Santiago,

Brandon Wisneski, Maureen Perkins. The purpose of this work meeting was to review

requested research on other Tribal Employee Protection/Whistleblower laws and to review

potential models for the draft.

8/23/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Matthew J. Denny, Nic

Reynolds. Due to a majority of the meeting attendees not making the meeting, this work

meeting was spent answering some questions regarding the draft, and discussing next steps.

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Loucinda Conway, Man from

Hotline Development Company. Audit provided information on the Whistleblower hotline

and how it will work.

9/5/18:

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

Clorissa Santiago, Kristen Hooker, Brandon Wisneski, Maureen Perkins. The purpose of this

work meeting was to obtain more direction from the LOC on how to proceed with this law

now that more information on Audit’s Whistleblower hotline was obtained.

9/5/18 LOC:

Motion by Jennifer Webster to approve the memo [Regarding 8/27 GTC Directive] and

forward to the Oneida Business Committee: seconded by Daniel Guzman King. Motion

carried unanimously.

9/27/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Jennifer Falck, Clorissa Santiago, Kristen Hooker, Brandon Wisneski, Maureen Perkins,

Fawn Billie. The purpose of this work meeting was to review research and statistics on the

Employee Protection law, and then discuss and decide on an option to move this law

forward. Drafting attorney and analyst will move forward with finalizing draft and analysis

and bring back to LOC.

9/26/18/ OBC: Motion by Lisa Summers to adopt resolution 09-26-18-F Rescission of the Dissolution of the

Oneida Personnel Commission and Related Emergency Amendments in Accordance with

General Tribal Council’s August 27, 2018 Directive with one amendment [to include

language which requires bimonthly updates to the Oneida Business Committee at the second

regular meeting of the month], seconded by Kirby Metoxen. Motion carried.

10/3/18 LOC: Motion by Kirby Metoxen to remove the emergency designation from the Employee

Protection Policy amendments; seconded by Ernest Stevens III. Motion carried

unanimously.

10/9/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Loucinda Conway, Jackie

Johnson, Mary Graves. The purpose of this work meeting was to obtain Internal Audit’s

comments on the proposed draft, and find out if it is consistent with the Hotline policies.

Page 2 of 3

15 of 108

10/17/18 LOC: Motion by Jennifer Webster to accept the draft and legislative analysis of the amendments to

the Employee Protection Policy and defer to a work meeting; seconded by Ernest Stevens

III. Motion carried unanimously.

10/17/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Rosa Laster. The purpose of

this work meeting was to begin reviewing the legislative analysis and making policy

considerations. LRO will prepare a public meeting packet for the next LOC meeting.

12/3/18:

Public Meeting Held.

12/19/18 LOC: Motion by Jennifer Webster to accept the public comments and public comment review

memorandum and defer to a work meeting for consideration; seconded by Ernest Stevens

III. Motion carried unanimously.

12/19/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review and consider the public comments that were received during the

public comment period.

Next Steps:

▪

▪

Accept the updated public comment review memorandum.

Approve the fiscal impact statement memorandum and forward to the Finance Department

directing that a fiscal impact statement of the proposed Whistleblower Protection law be

prepared for inclusion on the February 6, 2019 Legislative Operating Committee meeting agenda

Page 3 of 3

16 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Staff Attorney

January 2, 2019

Whistleblower Protection Law: Public Meeting Comment Review

On December 3, 2018, a public meeting was held regarding the proposed Whistleblower Protection

law (“the Law”). The public comment period was then held open until December 10, 2018. This

memorandum is submitted as a review of the oral and written comments received within the public

meeting and public comment period.

On December 19, 2018, the Legislative Operating Committee reviewed and considered all oral

and written comments received during the public meeting and public comment period. David P.

Jordan, Jennifer Webster, Kirby Metoxen, and Ernest Stevens III were present for this

consideration. This memorandum demonstrates the consideration of the oral and written comments

received within the public meeting and public comment period.

Comment 1 – Thank you:

Pat Campbell (oral): Good afternoon, Pat Campbell, Gaming Employee Relations

Representative. I’d just like to say I think you did a great job with it. The old policy was so

confusing, especially for us as advocates when they were sending people to us. So, I think with

the new Fraud Hotline and with the new policy, I think you did a great job. Thank you for making

it easier for us, too.

Response

The commenter thanks the Legislative Operating Committee for the work done on the development

of this Law, and states that the Law is much less confusing than the prior Employee Protection

Policy.

There is no recommended revision based on this comment.

LOC Consideration

The Legislative Operating Committee appreciates the gratitude and agrees that there is no revision

to the Law needed based on this comment.

Comment 2 – Training on the Whistleblower Protection Law:

Barb Kolitsch (written): Please don’t mandate training. Employee protection (current law) is

covered in new employee orientation and supervisor training. Announcing a new law should

include basic communication about the law to employees of the Nation. Please allow HR the

Page 1 of 2

17 of 108

discretion as to how it would be best to communicate the new law. Just a note to further support

this – we have a law in place right now that requires annual 4 hours of training, and it doesn’t make

sense to mandate training in a law.

Response

The commenter requests that the Law itself does not mandate training, and instead decisions on

how or when to train on the provisions of the Law be left to the discretion of the Nation’s Human

Resources Department.

Currently, there is no provision in the Law that requires any mandatory training on the provisions

of the Law.

It would be a policy decision of the Legislative Operating Committee to determine if any training

should be required at the time of adoption of this Law.

LOC Consideration

The Legislative Operating Committee affirmed its decision to not include any form of mandatory

training on this matter in the Law, and does not think that any additional training on the Law will

be necessary.

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

Page 2 of 2

~

ONEIDA

18 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida -nsn.gov

TO:

FROM:

DATE:

RE:

"

ONEIDA

000000

Lawrence E. Barton, Chief Financial Officer

Ralinda R. Ninham-Lamberies, Assistant Chief Financial Officer

Rae M. Skenandore, Financial Management Analyst

~~

David P. Jordan, Legislative Operating Committee Chairma

January 2, 2019

Whistleblower Protection Law Fiscal Impact Statement

The Legislative Procedures Act requires that a fiscal impact statement, which provides an estimate

of the total fiscal year financial effects associated with legislation and includes startup costs,

personnel, office, documentation costs, as well as an estimate of the amount of time necessary for

an individual or agency to comply with the law after implementation, be provided for all proposed

legislation of the Nation.

The Legislative Procedures Act provides that the fiscal impact statement be submitted by all

agencies as directed by the Legislative Operating Committee. In accordance with the Legislative

Procedures Act the Legislative Operating Committee is requesting that the Finance Office provide

a fiscal impact statement for the proposed Whistleblower Protection law for inclusion on the

February 6, 2019, Legislative Operating Committee meeting agenda.

The final draft of the proposed Whistleblower Protection law has been attached to this

memorandum for your convenience. Your cooperation with this request is greatly appreciated.

Requested Action

Provide a fiscal impact statement of the proposed Whistleblower Protection law for inclusion on

the February 6, 2019, Legislative Operating Committee meeting agenda.

Page 1 of 1

A good mind. A good heart. A stro ng fire.

19 of 108

Draft 2 for OBC Consideration

2019 02 13

Title 2. Employment – Chapter 211

WHISTLEBLOWER PROTECTION

211.1 Purpose and Policy

211.2 Adoption, Amendment, Repeal

211.3 Definitions

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

211.4 Disclosure of Information

211.5 Protection from Retaliation

211.1. Purpose and Policy

211.1-1. The purpose of this law is to give protection to employees who give information that is

intended to protect the Nation from fraud, theft or other detrimental effects.

211.1-2. It is the policy of the Oneida Nation to extend protection to employees who act within

this law to protect the Nation's interests.

211.2. Adoption, Amendment, Repeal

211.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

211.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

211.2-3. 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.

211.2-4. 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, provided that this law repeals the following:

(a) The Employee Protection Policy adopted by emergency pursuant to BC-04-20-95-B,

permanently adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to

BC-01-20-99-B, BC-06-30-04-J, and BC-02-25-15-C.

211.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

211.3. Definitions

211.3-1. This section shall govern the definitions of words as phrases used within this law. All

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

(a) “Employee” means any individual hired by the Nation and on the Nation’s payroll and

encompasses all forms of employment, including but not limited to: full-time, part-time,

at-will, political appointees, and contracted persons.

(b) “Entity” means a department, program, service, board, committee, or commission of

the Nation.

(c) “Nation” means the Oneida Nation.

(d) “Official” means an individual elected or appointed to serve on a board, committee, or

commission of the Nation, including the Oneida Business Committee.

211.4. Disclosure of Information

211.4-1. Whistleblowing occurs when an employee discloses information that the employee

reasonably believes provides evidence that protects the Nation from any adverse actions of its

employees that may result in a detrimental effect to the Nation. Adverse action that may result in

a detrimental effect to the Nation includes, but is not limited to:

(a) Any dishonest or fraudulent act;

(b) Deceptive business practices;

(c) Theft;

2 O.C. 211 – Page 1

20 of 108

Draft 2 for OBC Consideration

2019 02 13

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

85

86

87

88

89

90

(d) Extortion;

(e) Bribery;

(f) Embezzlement;

(g) Blackmail;

(h) Tampering and/or falsifying records contracts, or reports;

(i) Forgery;

(j) Misappropriate and/or misuse of the Nation’s funds;

(k) Disclosure of confidential information;

(l) Destruction, removal, or inappropriate use of property of the Nation;

(m) Unsafe working conditions;

(n) Poor management;

(o) Unethical conduct and conduct that violates a law and/or policy of the Nation.

211.4-2. An employee shall be protected from retaliatory action that results from making a

disclosure of information as directed within this law. Retaliatory action includes all action whether

disciplinary or otherwise.

(a) Disciplinary action that may be retaliatory includes, but is not limited to:

(1) dismissal;

(2) demotion;

(3) transfer;

(4) removal of duty;

(5) refusal to restore;

(6) layoff;

(7) furlough;

(8) suspension; and/or

(9) reprimand.

(b) Action other than disciplinary action that may be retaliatory may include, but is not

limited to:

(1) loss of hours;

(2) rescheduling shifts outside of normal shift changes;

(3) change of job requirements without notice;

(4) verbal or physical harassment;

(5) reduction of pay;

(6) denial of educational benefits;

(7) reassignment; and/or

(8) failure to increase base pay.

(c) Any action that can be reasonably justified as taken in good faith based on documented

employee performance shall be excluded from classification as retaliatory action.

211.4-3. An employee shall make a disclosure of information through the:

(a) use of the anonymous Fraud hotline; or

(b) submission of a written disclosure to the Nation’s Internal Audit Department.

211.4-4. Once a disclosure of information is made, the disclosing employee shall be provided an

incident number confirming receipt of the disclosure.

211.4-5. The Internal Audit Department shall then have the authority to review the disclosure and

conduct an investigation and/or an internal audit into the disclosure, if deemed appropriate. Upon

the conclusion of the investigation the Internal Audit Department shall, where necessary, report

their findings to an appropriate entity for action to address the findings, including, but not limited

to, the:

(a) Oneida Business Committee;

2 O.C. 211 – Page 2

21 of 108

Draft 2 for OBC Consideration

2019 02 13

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

(b) Oneida Law Office or other legal prosecuting agency;

(c) Human Resources Department;

(d) Oneida Police Department or other law enforcement agency;

(e) Audit Committee; and/or

(f) any other entity of the Nation.

211.5. Protection from Retaliation

211.5-1. If an employee alleges retaliatory action has been threatened or taken based on the

employee’s disclosure of information under this law, the employee may file a complaint for the

retaliatory action in accordance with the grievance procedures provided in the Nation’s laws and

policies governing employment.

211.5-2. The employee shall be protected from the retaliatory action if the following is found:

(a) the employee made a disclosure of information;

(1) The confirmation of disclosure that is provided when information is disclosed,

as well as any resulting findings by the Internal Audit Department, shall be used as

a reference to prove a disclosure of information.

(b) the individual alleged to have taken retaliatory action against the disclosing employee

was aware or became aware the disclosing employee had disclosed information;

(c) the action taken against the disclosing employee was retaliatory as a result of the

disclosure of information.

211.5-3. An individual who is found to have retaliated against an employee who made a disclosure

of information pursuant to this law shall be subject to:

(a) disciplinary action, up to and including termination, pursuant to the Nation’s laws and

policies governing employees, if an employee of the Nation;

(b) sanctions and penalties pursuant to the Nation’s laws and policies governing sanctions

and penalties, if an official of the Nation;

(c) removal pursuant to the Nation’s laws and policies governing removal, if an elected

official; and/or

(d) termination of appointment pursuant to the Nation’s laws and policies governing

boards, committees, and commissions, if an appointed official.

End.

Adopted - BC-__-__-__-__

2 O.C. 211 – Page 3

22 of 108

Analysis to Draft 2

2019 01 02

WHISTLEBLOWER PROTECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

SPONSOR:

DRAFTER:

ANALYST:

David P. Jordan

Clorissa N. Santiago

Brandon Wisneski

To repeal the Employee Protection Policy and replace it with a Whistleblower

Protection Law that incorporates the Nation’s new anonymous Fraud Hotline; to

ban retaliation against employees; to direct all whistleblower disclosures to the

Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary

actions and other consequences for employees and officials who retaliate against

whistleblowers.

To give protection to employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects [see 211.1-1].

All employees of the Nation. All elected and appointed officials of the Nation.

Internal Audit Department, Audit Committee, Human Resources Department,

Personnel Commission, Judiciary, Oneida Business Committee, Oneida Law

Office, Oneida Police Commission, Oneida Nation School Board, Oneida Gaming

Commission.

Employee Protection Policy, Personnel Policies and Procedures (Blue Book),

Boards, Committees and Commissions Law, Removal Law and Internal Audit Law.

Employees of the Nation who retaliate against an employee may be subject to

disciplinary action, up to and including termination. Elected and appointed officials

of the Nation who retaliate against an employee may be subject to sanctions and

penalties, removal from office or termination of appointment [see 211.5-3].

A public meeting was held on December 3, 2018.

See fiscal impact statement prepared by Finance Dept. in accordance with the

Legislative Procedures Act.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Employee Protection Policy was first adopted by the Oneida Business Committee on April 20,

1995. The purpose of the law is to protect employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects. The current Employee Protection Policy

provides a process for how employees make disclosures, a process to request “protected status” that

allows protected employees to bypass the normal complaint and grievance process in the Personnel

Policies and Procedures, and the ability of protected employees to receive a “protective order” from the

Personnel Commission if they are retaliated against.

B. Amendments to the Employee Protection Policy were added to the Legislative Operating Committee’s

Active Files List on December 20, 2017. Over the course of developing amendments, the LOC

determined that the proposed changes to the law were substantial enough that the Whistleblower

Protection Policy should be considered a new law that repeals and replaces the Employee Protection

Policy.

C. The proposed Whistleblower Protection Law is intended to work in conjunction with the Nation’s new

anonymous Fraud Hotline, which became effective on December 1, 2018. The anonymous Fraud

Hotline is intended to be a centralized way for employees to report fraud, unlawful, unethical or other

types of inappropriate behavior without fear of retaliation. The Fraud Hotline is administered by a third

Page 1 of 10

23 of 108

Analysis to Draft 2

2019 01 02

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

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

party and is available 24 hours per day, seven days per week. Reports from the Fraud Hotline are sent

to the Internal Audit Department for follow-up and potential investigations.

D. This proposed law repeals the Employee Protection Policy and replaces it with a new Whistleblower

Protection Law. The intent of the law is to ban retaliation against employees; to direct all whistleblower

disclosures to the Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary actions and other

consequences for employees and officials who retaliate against whistleblowers.

SECTION 3. CONSULTATION AND OUTREACH

A. The Legislative Operating Committee (LOC) held work meetings with Internal Audit, Human

Resources Equal Employment Opportunity (EEO) and HRD Training and Development in the

development of this law and analysis. In addition, representatives from the Gaming Commission,

School Board and Police Commission were invited to attend a work meeting to provide input regarding

the Employee Protection Policy. The LOC received data regarding historical Employee Protection

Policy caseload from staff of the following entities: Oneida Personnel Commission, Oneida Nation

School Board, Oneida Nation Gaming Commission, and Oneida Nation Police Commission.

B. The following Oneida laws were reviewed in the drafting of this analysis: Personnel Policies and

Procedures, Boards, Committees and Commissions Law, Removal Law, Internal Audit Law, and Code

of Ethics. In addition, the following laws were reviewed in drafting this analysis:

 Ho Chunk Nation Employment Relations Act

 Mashantucket Pequot Tribal Whistleblower Law

 Little Traverse Band of Odawa Indians Whistleblower Protection

 Seminole Nation Whistleblower Protection

 Osage Nation Whistleblower Protection Law

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List under Employee Protection Policy on 12/20/2017.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the development of this law and legislative analysis:

 April 18, 2018: LOC Work Meeting.

 May 16, 2018: LOC Work Meeting.

 June 15, 2018: Work Meeting with HRD EEO.

 June 22, 2018: LOC Work Meeting.

 July 11, 2018: LOC Work Meeting.

 August 23, 2018: Work Meeting with HRD EEO and HRD Training and Development.

Representatives from the Gaming Commission, Police Commission and School Board were also

invited to this meeting.

 August 23, 2018: Work Meeting with Internal Audit Department.

 September 27, 2018: LOC Work Meeting.

 October 9, 2018: Work Meeting with Internal Audit Department.

 October 17, 2018: LOC Work Meeting.

 December 19, 2018: LOC Work Meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Repeal of Employee Protection Policy. Adoption of the proposed Whistleblower Protection Law will

repeal and replace the current Employee Protection Policy [see 211.2-4(a)]. This analysis provides

comparisons between the current Employee Protection Policy and the proposed Whistleblower

Protection Law.

Page 2 of 10

24 of 108

Analysis to Draft 2

2019 01 02

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

B. What is “Whistleblowing”? A whistleblower is an employee who shares evidence or provides

information that protects the Oneida Nation from adverse actions of its employees [see 211.4-1].



Examples in the law include: any dishonest or fraudulent act, deceptive business practices,

theft, extortion, bribery, embezzlement, blackmail, tampering and or falsifying records,

forgery, misappropriation or misuse of the Nation’s funds, disclosure of confidential

information, destruction, removal or inappropriate use of property of the Nation, unsafe

working conditions, poor management, or unethical conduct or violation of a law or policy of

the Nation.

C. Ban on Retaliation. Employees who make whistleblower disclosures under this law are protected from

retaliation [see 211.4-2]. Examples of retaliation listed in this law include:



Disciplinary Actions such as dismissal, demotion, transfer, removal of duty, refusal to restore,

layoff, furlough, suspension, and/or reprimand.



Non-Disciplinary Actions such as loss of hours, rescheduling shifts outside of normal shift

changes, change of job requirements without notice, verbal or physical harassment, reduction

of pay, denial of educational benefits, reassignment, and/or failure to increase base pay.

D. Where to Submit Whistleblower Disclosures. Employees will now submit all whistleblower

disclosures using the Fraud Hotline or by submitting in writing to the Internal Audit Department [see

211.4-3]. Previously, employees also had the option of submitting their disclosures to the Personnel

Commission, Oneida Nation School Board, Oneida Police Commission, Oneida Gaming Commission,

or to a supervisor, law enforcement official, attorney, or employee advocate. Now, all employees will

submit whistleblower disclosures to one centralized location.

Chart 1. Comparison of Where to Submit Whistleblower Disclosures.

Employee Protection Policy (current)

Whistleblower Protection Law (proposed)

Employee Submits to one of the following:

Employee Submits to one of the following:

 Anonymous Fraud Hotline

 Internal Audit,

 Internal Audit

 Gaming Commission,

 School Board,

 Police Commission,

 Personnel Commission, or

 Supervisor, Law Enforcement Agency,

Attorney retained by employee, or

Employee Advocate, who will direct

the disclosure to one of the “appropriate

agencies” listed above.



Anonymous Fraud Hotline. An Anonymous Fraud Hotline has been developed by the

Internal Audit Department. The hotline is operated by a third-party vendor and is available 24

hours per day, seven days per week. The purpose of the hotline is to provide a centralized and

anonymous way to report fraud, unlawful, unethical and other types of improper behavior. For

more details regarding the hotline, see Section 9 “Other Considerations.”

o Contents of Disclosure. The proposed Whistleblower Protection Law does not describe any

specific information that must be included in the disclosure. In comparison, the current

Employee Protection Policy requires employees to submit a written, dated, signed disclosure

that is hand carried, mail certified or delivered by law enforcement. The current Employee

Protection Policy also requires employees to identify themselves in the disclosure and identify

the person and persons against whom the claim is made, and provide date, times and summary

of the misconduct.

E. Receipt of Disclosure. After submitting their disclosure, employees will receive an incident number.

This incident number confirms that the employee’s disclosure was received. This will allow employees

Page 3 of 10

25 of 108

Analysis to Draft 2

2019 01 02

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

to provide evidence of their disclosure should they be retaliated against and need to file a complaint or

grievance in the future [see 211.4-4].



Comparison to Employee Protection Policy. The current Employee Protection Policy requires

the agency to provide a signed and dated receipt to the employee when they submit their

disclosure. In contrast, the proposed Whistleblower Protection Law requires the employee be

provided with an incident number.

F. Investigation. After receiving a disclosure from the Fraud Hotline or directly from the employee,

Internal Audit has the authority to review and conduct an investigation and/or an audit. Once Internal

Audit’s investigation is complete, they will report their findings to the appropriate entity for further

action, if necessary. For example, the findings could be reported to the Oneida Business Committee,

Oneida Law Office, Human Resources Department, Oneida Police Department or other law

enforcement agency, the Audit Committee, or any other entity of the Nation [see 211.4-5].

G. Protection from Retaliation. If an employee feels they have been retaliated against, they can file a

complaint using the complaint and grievance processes in the Nation’s Personnel Policies and

Procedures, also known as “the Blue Book” [see 211.5-1].



Disciplinary Actions. Chart 2 illustrates the grievance process in the Personnel Policies and

Procedures for disciplinary actions, such as suspensions or termination of employment. If a

disciplinary action is overturned, the employee can be reinstated with back pay. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 2. Grievance Process for Disciplinary Actions in Personnel Policies and Procedures

Employee receives

disciplinary action they

believe is unfair

Employee files an

appeal with Area

Manager and HRD

Manager or

designee

Employee may

appeal to Personnel

Commission

Personnel

Commission holds a

hearing

Disciplinary Action

Overturned or

Modified

Area Manager

Issues Decision

Disciplinary Action

Overturned

Personnel

Commission Issues

Decision

Disciplinary Action

Upheld

128

129

130

131

132

133

134

135

o

Disciplinary Action

Upheld

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip a step in the grievance process

and go straight to the Personnel Commission if they feel they have been retaliated against.

This ability to skip a step in the grievance process is removed in the proposed

Whistleblower law [see current Employee Protection Policy, 2 O.C. 211.5-2(b)].

Page 4 of 10

26 of 108

Analysis to Draft 2

2019 01 02



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

Non-Disciplinary Actions. Chart 3 depicts the complaint process in the Personnel Policies and

Procedures for non-disciplinary complaints, such as loss of hours or change of schedule. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 3. Complaint Process for Non-Disciplinary Actions in Personnel Policies and

Procedures

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip the Complaint Process in the

Personnel Policies and Procedures and go straight to their Division Director if they have

received a non-disciplinary action that is retaliatory. This ability to skip the complaint

process and go to the division director is removed in the proposed Whistleblower

Protection law [see current Employee Protection Policy, 2 O.C. 211.5-2(a)].

Requirements for Protection: To be protected from retaliation under this law, the employee must

have made a whistleblower disclosure and provide proof of the disclosure in the form of the incident

number provided by the Fraud Hotline or Internal Audit. In addition, the individual who retaliated

against the whistleblower must have been aware the whistleblower disclosed information. Finally,

the action taken against the whistleblower must be retaliatory as a result of the disclosure [see 211.52].

Punishment for Retaliation. Individuals who retaliate against employees of the Nation in violation

of this law will be subject to the following consequences [see 211.5-3].



Employees of the Nation. Employees who retaliate against another employee for making a

whistleblower disclosure will be subject to disciplinary action, up to and including

termination, in accordance with the Personnel Policies and Procedures.



Appointed officials. May have their appointment terminated, in accordance with the Nation’s

Boards, Committees and Commissions Law, or may receive sanctions and penalties in

accordance with the Nation’s laws.



Elected officials. May be subject to removal from office in accordance with the Nation’s

Removal Law. Elected officials may also be subject to sanctions and penalties in accordance

with the Nation’s laws.

o

H.

I.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Employee Protection Policy. This law repeals the current Employee Protection Policy and replaces it

with a new Whistleblower Protection Law.

B. References to Other Laws. The following laws of the Nation are referenced in this law. This law does

not conflict with any of the referenced laws.

Page 5 of 10

27 of 108

Analysis to Draft 2

2019 01 02

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222







Personnel Policies and Procedure. Reference to the Nation’s grievance procedure [see 211.5-1]

and disciplinary process [see 211.5-3(a)] in the Personnel Policies and Procedures.

Boards, Committees and Commissions Law. Reference to the termination of appointed officials in

the Boards, Committees and Commissions Law [see 211.5-3(d)].

Removal Law. Reference to the removal process for elected officials in the Removal Law [see

211.5-3(c)].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Elimination of “Protected Status” and Ability to Skip a Step in the Complaint and Grievance Process.

Under the current Employee Protection Policy, employees can receive a formal “protected status” upon

making their disclosure to one of the five appropriate agencies. Once an employee is granted protected

status, it allows the employee to skip a step in the complaint and grievance process and go directly to

the Personnel Commission or their Division Director if they are retaliated against [see current

Employee Protection Policy, 2 O.C. 211.5-2]. The proposed Whistleblower Protection Law eliminates

this formal “protected status” and the right to skip a step in the complaint and grievance process. If an

employee is retaliated against, they must file a complaint or grievance using the standard complaint and

grievance process in the Personnel Policies and Procedures. At the time this analysis was developed,

the LOC determined that the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

B. Elimination of Protective Orders to Human Resources Department. Under the current Employee

Protection Policy, a protected employee who has been retaliated against may request a “protective

order” from the Personnel Commission. This protective order directs the Human Resources Department

to monitor the actions of that employee’s supervisor. Under the proposed Whistleblower Protection

Law, employees will no longer be able to request protective orders from the Personnel Commission. If

an employee is retaliated against, they must file a complaint or grievance using the standard complaint

and grievance process in the Personnel Policies and Procedures. At the time this analysis was

developed, the LOC determined the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

C. Impact on Boards, Committees, Commissions and Entities. Under the proposed Whistleblower

Protection Law, the following entities listed in the Employee Protection Policy will no longer be

responsible for receiving employee protection or whistleblower disclosures: Personnel Commission,

Gaming Commission, School Board, and Police Commission. All whistleblower disclosures under

this law will now be reported to the Fraud Hotline or Internal Audit department, which will

investigate disclosures and forward findings to relevant entities for further action, if needed.

SECTION 9. OTHER CONSIDERATIONS

The following is provided for information:

A. Data on Employee Protection Requests from Personnel Commission. The following information

shows how often the current Employee Protection Policy has been used by employees in recent years.

Note that as of June 2018, the Oneida Nation employed approximately 2,880 people [Source: HRD 3rd

Quarter Report].

 Number of Disclosures. Chart 4 depicts the number of employee protection disclosures made by

employees to the Personnel Commission (OPC). In other words, the number of times employees

shared information with the Personnel Commission and requested protection.

Page 6 of 10

28 of 108

Analysis to Draft 2

2019 01 02

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

Chart 4. Number of Employee Protection Disclosures Submitted to Personnel Commission

YEAR

Number of Employee Protection Disclosures

2012

2

2013

1

2014

3

2015

0

2016

1

2017

4

2018 (January-April)

1

TOTAL, 2012-2018

12

o SOURCE: Personnel Commission, communication with staff via email 9/17/2018



Number of Employees Granted Protection. Of the twelve (12) requests for Employee Protection

between 2012-2018, two (2) employees were granted employee protection. In addition, two (2)

additional employees were granted “interim protection” at the time the OPC was dissolved in April

2018. “Interim protection” was granted during the Personnel Commission’s initial investigation.

B. Data on Employee Protection Requests from Other Entities.

 Internal Audit Department estimates the department received a total of two or three requests for

Employee Protection from employees of the Nation over the last five years. [Source: Internal Audit

staff.]

 Oneida Nation School Board reports they have not received any Employee Protection requests

from School System employees in recent years. [Source: Oneida Nation School Board,

communication with staff via email 10/9/18.]

 Oneida Police Commission reports they received one (1) request for Employee Protection over

the last two years. [Source: Oneida Police Commission, communication with staff via email

10/31/18.]

 Oneida Gaming Commission reports they have no record of receiving any Employee Protection

requests in the last five years. It was reported that Gaming employees likely submitted their requests

to the Personnel Commission. [Source: Oneida Gaming Commission, communication with staff via

email 10/31/18.]

 Oneida Judiciary. In April 2018, the Oneida Business Committee dissolved the Personnel

Commission. The Personnel Commission’s responsibilities regarding Employee Protection were

transferred to the Oneida Judiciary. According to data provided by the Oneida Law Office, two

existing employee protection cases transferred to the Judiciary in April 2018. In addition, two new

cases were filed with the Judiciary between April and August of 2018.

C. Data on Retaliation and Protective Orders from Personnel Commission.

 Number of Retaliation Grievances Filed by Employees with Protected Status. One (1)

retaliation grievance was filed by a protected employee between 2012 and April 2018. This means

that of the employees who requested and received employee protection, only one employee later

alleged they were retaliated against. [Source: Personnel Commission, communication with staff via

email 9/17/2018].

 Number of Protective Orders issued by Personnel Commission. Two (2) protective orders were

issued by the Personnel Commission between 2012 and April 2018. An employee may request a

protective order if they have made a disclosure, have been granted protection, and later have been

found to be retaliated against. A protective order directs the Nation’s Human Resources Department

to monitor the actions of the employee’s supervisor. [Source: Personnel Commission,

communication with staff via email 9/17/2018].

Page 7 of 10

29 of 108

Analysis to Draft 2

2019 01 02

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

D. Comparison Between Employee Protection Policy and Whistleblower Policy. This law repeals and

replaces the Employee Protection Policy with a new Whistleblower Protection Law. Chart 5 illustrates

some of the differences and similarities between the two laws:

Chart 5. Comparison Between Employee Protection Policy and Whistleblower Policy.

Employee Protection

Whistleblower Protection

Policy (Current)

Law (Proposed)

Defines and prohibits

Yes.

Yes.

retaliation?

Yes, employees are directed to

Yes, employees are

Directs employees where and

make disclosures using the

directed to make their

how to make their disclosures?

anonymous Fraud Hotline or to

disclosures to one of

Internal Audit

several appropriate

agencies.

Allows employees to report

No, employees must

Yes, employees can choose to

anonymously?

disclose their identity in

remain anonymous using the

their written complaint.

Fraud Hotline.

Yes, employees receive a Yes, employees will receive an

Provides employees with

documentation (proof) that they signed and dated receipt. incident number from the

hotline or Internal Audit.

made a disclosure?

No, employees do not receive a

Yes, employees may be

Employees may be granted a

formal designation of

granted formal

formal “protected status” from

“protected status” from the

the agency after submitting their “protected status” from

agency.

an agency.

disclosure?

No, if an employee feels they

Allows protected employees to

Yes, employees who

have been retaliated against,

skip a step in the complaint and have been granted

they must use the normal

grievance process if they are

protection may appeal

retaliated against?

directly to the Personnel complaint and grievance

Commission or Division process in the Personnel

Director if they feel they Policies and Procedures.

have been retaliated

against.

No, employees cannot request a

Yes, employees who

Employees who have been

“protective order.” Employees

retaliated against can request a have been granted

will need to use the normal

protection and are later

“protective order” from the

grievance process in the

retaliated against may

Personnel Commission?

Personnel Policies and

request a “protective

order” directing HRD to Procedures if they are retaliated

against.

monitor the actions of

their supervisor.

E. Comparison to other Tribal Nations. A review of whistleblower protection laws from other tribal

nations indicates whistleblower laws are generally brief, one to two documents that include a few basic

provisions. Some laws, such as those from the Ho Chunk Nation and Seminole Nation, are only one

paragraph long. The Whistleblower laws reviewed typically include the following core components:

 Ban on retaliation against employees for whistleblowing.

 Direct employees where to make whistleblower disclosures. (For example: Attorney General,

Human Resources Department, Office of Inspector General).

o In Oneida’s proposed Whistleblower Law, employees will report their disclosures to the

anonymous Fraud Hotline or Internal Audit Department.

Page 8 of 10

30 of 108

Analysis to Draft 2

2019 01 02

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

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328



In addition, some whistleblower laws describe remedies for employees that have been retaliated

against, such as job reinstatement, back pay for lost wages, and damages.

o Oneida’s proposed Whistleblower Law directs employees to use the grievance process in

the Personnel Policies and Procedures, which allows the Area Manager or Personnel

Commission to overturn disciplinary actions, reinstate employees who have been

terminated, and award back pay.

F. Grandfather Clause for Current Protected Employees & Pending Cases. Based on data received from

the Judiciary and Personnel Commission, there are a small number of employees who currently have

protected status under the Employee Protection Policy. In addition, there may be at least one (1)

employee protection related case pending in the Judiciary. Therefore, the LOC intends to include a

grandfather clause in the adopting resolution to ensure the following:

 Employees who currently have protected status will still retain some form of protection upon

adoption of this law.

 Pending cases involving the Employee Protection Policy will be allowed to proceed.

 The LOC should determine the details of how the grandfather clause will be implemented. The

LOC may want to consider the following:

o Will employees who have been granted protection be allowed to keep their protected status,

and if so, for what length of time?

o Will employees with protected status be allowed to use the grievance process in the

Employee Protection Policy after it is repealed? Or will they instead be directed to follow

the grievance process in the Whistleblower Protection Law for future retaliation

grievances?

 Recommendation: The details of the grandfather clause in the adopting resolution is a policy

decision.

G. Fraud Hotline. The anonymous Fraud Hotline is administered by a third-party vendor (Lighthouse

Services) and is available 24 hours per day, seven days per week. The purpose of the hotline is to

provide a centralized, anonymous way to report issues of fraud, unlawful, unethical and other types of

improper behavior.

 Hotline Process. A report of the call will be generated by the third-party vendor, who will send the

report to Internal Audit. Internal Audit will review all hotline reports and determine whether an

investigation is needed. If necessary, Internal Audit will conduct a confidential investigation. Once

Internal Audit’s investigation is complete, they will report their findings to the appropriate entity

for further action, if necessary. For example, the findings could be reported to the Oneida Business

Committee, Oneida Law Office, Human Resources Department, Oneida Police Department or other

law enforcement agency, the Audit Committee, or any other entity of the Nation.

 Hotline Implementation. The Fraud Hotline became effective on December 1, 2018. Training was

provided to employees of the Nation between November 19 – 30, 2018. In addition, Internal Audit

reports that refresher trainings will be offered in the future.

H. Whistleblower Law in Absence of Hotline. This law has been drafted so that in the future, if the Fraud

Hotline is ever eliminated or malfunctions, the Whistleblower Protection Law and the protections it

provides will still function. For example, if the hotline is unavailable, employees will still be able to

submit disclosures directly to Internal Audit in writing.

I. Reference to Sanctions and Penalties. This law references sanctions and penalties. The Legislative

Operating Committee (LOC) is currently drafting a Sanctions and Penalties Law to increase

accountability among elected and appointed officials of the Nation. Currently, the only reprimand

available for appointed and elected officials is termination of appointment or removal from office.

However, there may be instances of misconduct that do not rise to the level of removal. In these cases,

other sanctions such as verbal warnings, written warnings, suspension or fines may be more

appropriate. The proposed Sanctions and Penalties law will create a formal complaint process and allow

for corrective actions against officials who violate laws, bylaws and SOPs of the Nation. At the time

Page 9 of 10

31 of 108

Analysis to Draft 2

2019 01 02

329

this analysis was drafted, the LOC intends to present a Sanctions and Penalties Law to GTC for

330

consideration once the draft is complete and all legislative requirements are met.

331

J. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

332

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

333

emergency legislation [see Legislative Procedures Act 1 O.C. 109.6-1].

334

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

335

Committee and may be prepared by any agency who may receive funding if the legislation is

336

enacted; who may administer a program if the legislation is enacted; who may have financial

337

information concerning the subject matter of the legislation; or by the Finance Office, upon request

338

of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a) and

(b)].

339

340

341

342

Page 10 of 10

32 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 2, 2019

Petition: G. Powless – Rescinding the

Removal Law

Submission Date: 11/21/18

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

LOC Sponsor: Kirby Metoxen

Summary: This Petition, received on November 21, 2018, asks the General Tribal Council

“to rescind Chapter 4, Removal Law, for purposes of making the removal of elected officials

an easier process. General Tribal Council shall utilize the requirements outlined in the Oneida

Constitution for petitioning a GTC meeting, and, any and all issues regarding elected officials

that may require disciplinary actions such as suspensions or removals shall be reviewed and

decided upon by General Tribal Council, with the option of General Tribal Council appointing

a sub-committee or an outside investigative firm to investigate serious allegations that may

require criminal charges.”

11/14/18 OBC: Motion by Trish King to acknowledge receipt of the petition from Gina D. Powless regarding

Rescinding the Removal law; Seconded by David P. Jordan. Motion carried.

Motion by David P. Jordan to assign the petition to a GTC meeting agenda to be

tentatively held on February 24, 2019, at 10:00 a.m.; Seconded by Jennifer Webster.

Motion carried.

Motion by David P. Jordan to direct the OBC Direct Report Offices to complete and

submit their administrative impact statements of the petitions to the Secretary by

Friday, November 30, 2018; Seconded by Jennifer Webster. Motion carried.

Motion by Trish King to direct the Law, Finance, and Legislative Reference Offices

to complete and submit the legal review, fiscal impact statement, and statement of

effect, respectively, for a special Business Committee meeting to be scheduled by the

Secretary between January 2, 2019, and January 18, 2019; Seconded by David P.

Jordan. Motion carried.

11/21/18 LOC: Motion by Kirby Metoxen to add the Petition: G. Powless – Rescinding the Removal Law to

the active files list and assign Kirby Metoxen as the sponsor; Seconded by Jennifer Webster.

Motion carried unanimously.

Page 1 of 2

33 of 108

Next Step:

▪ Approve the Petition: G. Powless – Rescinding the Removal Law statement of effect and

forward to the Oneida Business Committee for consideration.

Page 2 of 2

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

~

ONEIDA

34 of 108

Oneida Nation

~

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Petition: G. Powless – Rescinding the Removal Law

Summary

This Petition asks the General Tribal Council to rescind, or do away with, the Removal Law from

the Oneida Code of Laws for purposes of making the removal of elected officials an easier process.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: January 2, 2019

Analysis by the Legislative Reference Office

On October 29, 2018, the Petition: G. Powless – Rescinding the Removal Law (“Petition”) was

submitted to the Oneida Business Committee Support Office by Gina D. Powless and has since

been verified by the Oneida Trust Enrollment Department. On November 14, 2018, the Oneida

Business Committee (“OBC”) accepted the verified Petition and directed the Legislative Reference

Office to complete a statement of effect for a special Business Committee meeting to be scheduled

by the Secretary between January 2, 2019 and January 18, 2019.

The purpose of this Petition is to ask the General Tribal Council (“GTC”) to “rescind Chapter 4,

Removal Law, for purposes of making the removal of elected officials an easier process. General

Tribal Council shall utilize the requirements outlined in the Oneida Constitution for petitioning a

GTC meeting, and, any and all issues regarding elected officials that may require disciplinary

actions such as suspensions or removals shall be reviewed and decided upon by the General Tribal

Council, with the option of General Tribal Council appointing a sub-committee or an outside

investigative firm to investigate serious allegations that may require criminal charges.”

The Removal Law (“Law”) was originally created by the GTC in 1979 pursuant to Article III,

Section 3 of the Constitution and By-Laws of the Oneida Nation (“Constitution”) [See resolution

GTC-04-16-79, titled Ordinance for the Removal of Oneida Tribal Business Committee Members].

Article III, Section 3 of the Constitution expressly states that:

The General Tribal Council may at its discretion remove any official on the Business

Committee by a two-thirds majority vote at any regular or special meeting of the Tribal

Council, pursuant to a duly adopted ordinance. Such ordinance shall fix the specific

causes for removal and ensure that the rights of the accused are protected, including his

receiving in writing a statement of the charges against him and assurance on sufficient

notice thereof where he shall be afforded every opportunity to speak in his own defense.

[Emphasis added].

The GTC has since amended the 1979 version of the Law, the current version being adopted and

minimally amended, respectively, by resolutions GTC-1-09-06-A and BC-05-28-14-B to replace

Page 1 of 3

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

35 of 108

the previous Removal Law, adopted by resolutions BC-1-03-96-B and GTC-1-17-98-A, because

the GTC felt that the previous law was too “confusing and unclear in some areas….” [Resolution

GTC-1-09-06-A, p.1]. The GTC also felt that it was more logical to have different processes for

the removal of elected officials versus appointed officials since “officials come to office in a

different manner,” and thus, made the current Removal Law apply “to elected officials only,” as

opposed to both elected and appointed officials. [Id].

With respect to the process, the Law provides that any eligible voter of the Nation may file a

petition with the Tribal Secretary seeking the removal of an elected official so long as the petition

contains the requisite number of eligible voter signatures. [1 O.C. 104.5-1]. The Tribal Secretary

must then serve the elected official with a certified copy of the petition and forward another to the

Judiciary so that it can schedule a preliminary review to determine whether the allegations set forth

in the petition would constitute sufficient grounds for removal. [1 O.C. 104.5-6 & 104.6-1]. If the

Judiciary determines that sufficient grounds would exist, it is next required to conduct a hearing

under Section 104.7 of the Law to determine whether each allegation contained in the petition can

be proven by clear and convincing evidence. [1 O.C. 104.6-2 & 104.7-3]. If it finds clear and

convincing evidence, the Judiciary must then put its findings in written form and forward them to

the Tribal Chair. [1 O.C. 104.7-3]. Upon receipt, the Tribal Chair is required to call a special GTC

meeting to consider the Judiciary’s findings. An elected official may only be removed from office

upon a two-thirds (2/3) majority vote in the affirmative. [1 O.C. 104.8-3].

Along with the Constitution, numerous other laws of the Nation refer to and rely upon the existence

of a Removal Law to govern the process for removing an elected official when his or her conduct

comes into question. For example, the Election law, codified in Chapter 102 of the Oneida Code

of Laws, provides that members of the election board shall be removed “pursuant to the Oneida

Removal Law.” [1 O.C. 102.4-4].

Likewise, the Boards, Committees and Commissions law provides that removal of an elected

official shall be “pursuant to any law and/or policy of the Nation regarding removal” [1. O.C.

105.6-2(b)]. The Boards, Committees and Commissions law further states that “[a]ll other

processes for the election of a member . . . shall be as directed by the Nation’s laws and/or policies

governing elections.” [1 O.C. 105.8-2]. The Election law governs elections of members to an

entity, and thus, by reference subjects these elected officials to the Removal Law. Since the

Boards, Committees and Commissions law mandates that every board, committee and commission

of the Nation create bylaws that conform to its requirements, the elected boards, committees and

commissions will have bylaws that refer to and rely upon the Removal Law to dictate the process

for removing elected officials from their respective boards, committees and commissions. [See 1

O.C. 105.10-1, “All entities of the Nation shall have bylaws that conform to the requirements of

this law.”].

The Petition seeks to rescind, or do away with, the Nation’s Removal Law. However, it does not

propose that the law be replaced by a new law governing the removal of elected officials. Instead,

it suggests that removal of elected officials shall adhere to the process “outlined in the Oneida

Constitution for petitioning a GTC meeting.” The Constitution expressly requires that removal of

any official on the Business Committee happen “pursuant to a duly adopted ordinance.” Therefore,

to do away with the Removal Law without replacing it with a new law to govern, at the very least,

Page 2 of 3

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

~

ONEIDA

36 of 108

the removal of officials of the Business Committee, would be in direct conflict with the Article III,

Section III of the Constitution.

In addition, a rescission of the Removal Law without replacement would have a legislative impact

on those laws and bylaws that refer to and rely upon a Removal Law to govern the process for

removing elected officials, other than then those on the Business Committee, from office. If the

Removal Law was rescinded without adequate replacement, those laws and policies would have

to be amended to reflect the same in accordance with the Legislative Procedures Act.

Conclusion

All applicable laws and policies of the Nation were reviewed in developing this statement of effect,

including the Constitution and By-Laws of the Oneida Nation. For the reasons above, adoption of

the Petition: G. Powless – Rescinding the Removal Law would be in direct conflict with the

Constitution and By-Laws of the Oneida Nation. In addition, a rescission of the Removal Law

would have a legislative impact on the various Laws of the Nation that refer to and rely upon a

duly enacted Removal Law to govern the removal of elected officials from the Nation’s boards,

committees and commissions.

Requested Action

Accept the statement of effect for Petition: G. Powless – Rescinding the Removal Law.

Page 3 of 3

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

~

ONEIDA

37 of 108

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 2, 2019

Oneida Personnel Commission By-laws

Amendments

Submission Date: 9/6/17

LOC Sponsor: David P. Jordan

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

Summary: Last term the Personnel Commission had requested changes to the entity’s Bylaws that would outline more specifically the qualifications for appointed commissioners. The

Personnel Commission was dissolved by the Oneida Business Committee on April 11, 2018 and,

on August 27, 2018, the General Tribal Council rescinded the dissolution. The Personnel

Commission By-laws now need to be amended to comply with the amended Comprehensive Policy

Governing Boards, Committees and Commissions, which was adopted on September 26, 2018,

through resolution BC-09-26-18-C, and is hereinafter known as the Boards, Committees and

Commissions law.

9/6/17 LOC: Motion by Jennifer Webster to add Personnel Commission By-laws Amendments to

the active files list with Kirby Metoxen as the sponsor; Seconded by Ernie Stevens III.

Motion carried unanimously.

9/6/17:

Work Meeting. Present: Jenny Webster, Clorissa Santiago, Candice Skenandore, David

P. Jordan, Maureen Perkins, Ernest Stevens III, and Tani Thurner. LOC is currently

waiting for a fiscal impact statement from the Finance Office. When that is received

the LOC may approve an adoption packet and forward to the BC for consideration.

11/1/17 LOC: Motion by Kirby Metoxen to approve the 60-day active files list update and continue

development of all the items on the active files list; Seconded by Ernie Stevens III.

Motion carried unanimously.

5/2/18LOC: Motion by Jennifer Webster to remove the Oneida Personnel Commission By-laws

amendments from the active files list; Seconded by Kirby Metoxen. Motion carried

unanimously.

Note: The Personnel Commission was dissolved on April 11, 2018. See resolution BC04-11-18-A.

38 of 108

8/27/18 GTC: The General Tribal Council adopted a motion to “rescind the actions of the Oneida

Business Committee related to the dissolution of the Oneida Personnel Commission,

and to rescind the amendments to the Blue Book from April 11, 2018 to today.”

9/12/18 OBC: Motion by Trish King to direct the Legislative Operating Committee to present the

By-laws for the Oneida Personnel Commission at the next regular Oneida Business

Committee meeting with updated qualifications to address the issue of understanding

hearing authorities and responsibilities; Seconded by Brandon Stevens. Motion

carried unanimously.

9/19/18 LOC: Motion by Jennifer Webster to add the Oneida Personnel Commission By-laws to the

active files list with David P. Jordan as the sponsor; Seconded by Daniel Guzman

King. Motion carried unanimously.

9/19/18:

Work Meeting. Present: Jennifer Falck, Clorissa Santiago, Kristen M. Hooker,

Maureen Perkins, Brandon Wisneski, Jennifer Webster, David P. Jordan, Daniel

Guzman King, Rosa Laster. The purpose of the meeting was to discuss potential

amendments to the Oneida Personnel Commission By-laws that would comply with

the pending draft Boards, Committees and Commissions law, as well as the directive

from the Oneida Business Committee at its meeting on September 12, 2018. Next step

is to draft the amendments to the By-laws and conduct a Legislative Operating

Committee E-Poll to meet the Oneida Business Committee’s deadline of September

26, 2018 to present it with a draft of the amended By-laws.

9/20/18:

E-Poll conducted for the amendments to the Oneida Personnel Commission By-laws.

9/26/18 OBC: Motion by David P. Jordan to defer the Oneida Personnel Commission By-laws to a

Business Committee Work Session for further review and discussion; Seconded by

Ernest Stevens III. Motion carried unanimously.

9/26/18 OBC: Motion by Lisa Summers to adopt resolution BC-09-26-18-C Amendments to the

Comprehensive Policy Governing Boards, Committees and Commissions with two

(2) changes: [1) request that the language in line 84 of the resolution be changed to a

six (6) month deadline to complete the new by-laws; and 2) to eliminate the postmark

allowance referenced in lines 112-114 of draft 3]; Seconded by David P. Jordan.

Motion carried.

Per resolution BC-09-26-18-C: “The Oneida Business Committee directs that

boards, committees, and commissions of the Nation shall have six (6) months

from the adoption of [the Amendments to the Comprehensive Policy Governing

Boards, Committees, and Commissions (“Law”)] to present bylaws for

adoption. Within thirty (30) days, the Legislative Reference Office shall

provide at least two (2) informational bylaw meetings with the various boards,

committees, and commissions of the Nation. The purpose of the informational

bylaws meetings will be for the Legislative Reference Office to: a. provide an

update on the revised bylaw requirements as a result of the amendments to the

Law; b. provide a template for the development of revised bylaws; and c. offer

assistance to boards, committees, and commissions in the development and

drafting of updated bylaws.”

Page 2 of 5

39 of 108

10/3/18 LOC: Motion by Ernest Stevens III to enter the Personnel Commission By-laws E-poll results

into the record; Seconded by Kirby Metoxen. Motion carried unanimously.

10/16/18:

OBC Work Session. Present: David P. Jordan, Brandon Stevens, Ernest Stevens III,

Daniel Guzman King, Maureen Perkins, Kristen M. Hooker, Jennifer Webster, Tehassi

Hill, Lisa Liggins, JoAnne House. Per the September 26, 2018 OBC Meeting, the draft

OPC By-laws were deferred back to an OBC Work Session for further discussion and

consideration. The purpose of this meeting was to carry out the OBC’s directive. At

the meeting, a decision was made to defer the OPC By-laws to a separate meeting

between the LRO, Tribal Secretary Lisa Summers and LOC Chairperson David P.

Jordan for discussion and consideration. Next steps are to schedule a meeting between

the LRO, Tribal Secretary Summers and LOC Chairperson Jordan; update the proposed

OPC By-laws as a result of the meeting and bring the updated proposed OPC By-laws

back to an OBC Work Session for further consideration and discussion.

10/17/18:

Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,

Jennifer Webster, Dale Webster (ONCOA), Marlene Summers (ONCOA), Lois

Strong (ONCOA), Sandra Reveles (OPC), Carol Silva (OPC), Brooke Doxtator

(OBCSU), Bonnie Pigman (OTEC), Chad Wilson (ERB), Dylan Benton (OTEC/

Library), Chris Cornelius (OLC). Per resolution BC-09-26-18-C, adopting the

amendments to the Comprehensive Policy Governing Boards, Committees and

Commissions (n/k/a Boards, Committees and Commissions law), the LRO was

directed to hold two (2) informational meetings for the Nation’s Boards, Committees

and Commissions to provide them with: (1) an update on the new By-laws

requirements mandated by the Boards, Committees and Commissions law; (2) a

template for the Boards, Committees and Commissions to use when revising their

respective By-laws; and (3) assistance to the Boards, Committees and Commissions

in the development and drafting of their By-laws. This was the first of the two

informational meetings.

10/24/18:

Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,

Clorissa Santiago, Donald McLester (OLC), Chris Cornelius (OLC), Ronald King, Jr.

(Pardon & Forgiveness), Jeanette Ninham (Pardon & Forgiveness), Vicki Cornelius

(OEB & Powwow), Bonnie Pigman (OTEC), Lisa Liggins (School Board & OTEC),

Rochelle Powless (ONCOA), Terry Hetzel (HRD), Patty Hoeft (Oneida Law Office),

Brooke Doxtator (OBCSO), Arthur Elm (SEOTS), Diane Hill (SEOTS). Per

resolution BC-09-26-18-C, adopting the amendments to the Comprehensive Policy

Governing Boards, Committees and Commissions (n/k/a Boards, Committees and

Commissions law), the LRO was directed to hold two (2) informational meetings for

the Boards, Committees and Commissions to provide them with: (1) an update on the

new By-laws requirements mandated by the Boards, Committees and Commissions

law; (2) a template for the Boards, Committees and Commissions to use when revising

their respective By-laws; and (3) assistance to the Boards, Committees and

Commissions in the development and drafting of their By-laws. This was the second

of the two informational meetings.

11/20/18:

OBC Work Session. Present: Maureen Perkins, David P. Jordan, Brandon Stevens,

Kirby Metoxen, Laura Laitinen-Warren, Patricia King, Jennifer Webster, Jessica

Page 3 of 5

40 of 108

Wallenfang, Chris Cornelius, Brian Doxtator, Jo Anne House. At the September 26,

2018 OBC Meeting, the draft OPC By-laws that were before the OBC for adoption

were deferred back to an OBC Work Session for further discussion and consideration.

Per the OBC’s directive, the LRO attended the October 16, 2018 OBC Work Session

wherein a decision was made to: (1) defer the OPC By-laws to a separate meeting

between the LRO, LOC Chair and Secretary Summers to go over the concerns

Secretary Summers has with the current OPC By-laws draft; and (2) bring the results

of the discussion back to the next OBC Work Session for consideration. With

Secretary Summers out on leave, the meeting between the LRO, LOC Chair and the

Secretary did not occur. The purpose of this meeting was to try to address Secretary

Summers concerns and go over any additional concerns that the BC has with the

current OPC By-laws draft. The next steps are for the LRO to draft some proposed

revisions to the current OPC By-laws draft that reflect the discussions that took place

during the OBC Work Session and bring the revisions back to the LRO for

consideration and directive.

11/30/18:

LOC Work Meeting. Present: Maureen Perkins, Ernie Stevens III, Daniel GuzmanKing, Jennifer Webster, David P. Jordan, Kristen M. Hooker, Kirby Metoxen. The

purpose of this meeting was to go through the proposed revisions that were made to

the draft OPC By-laws amendments during the November 20, 2018 OBC Work

Session. Next steps are to: (1) update the draft OPC By-laws amendments based on

the directive of the LOC during this work meeting; (2) compile some training options

from HRD to bring back to a LOC work meeting for consideration by the LOC in

finalizing the training section of the draft amendments; and (3) schedule a work

meeting with the LOC to finalize the draft OPC By-laws amendments so they can be

forwarded to the OBC for final consideration/comment.

12/6/18:

Work Meeting. Present: Maureen Perkins, Kristen M. Hooker, Barbara Kolitsch,

Nicolas Reynolds. The purpose of this meeting was to discuss, per the LOC’s

directive, training options for PC members that could be offered through the HRD.

The LOC further directed that these options be compiled and brought back to a LOC

Work Meeting for consideration of whether to include them as mandatory training in

the proposed draft of the OPC By-Laws Amendments.

12/14/18:

LOC Work Meeting. Present: Maureen Perkins, Kristen M. Hooker, Clorissa Santiago,

Brandon Wisneski, Jennifer Falck, David P. Jordan, Daniel Guzman-King, Jennifer

Webster, Kirby Metoxen. The purpose of this meeting was to go through the revisions

to the OPC By-Laws that were proposed during the November 30, 2018 LOC Work

Meeting and the December 6, 2018 Work Meeting with the HRD. The Next steps are

to: (1) email the draft version of the OPC By-Laws Amendments to the entire Oneida

Business Committee for review and comment; and (2) bring any comments from the

OBC back to an LOC Work Meeting for consideration.

12/26/18:

LOC Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Jennifer Falck,

David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernie Stevens III. During this

work meeting, the LRO informed the LOC that no comments were received from the

Oneida Business Committee in response to the draft OPC By-Laws Amendments that

were sent to the OBC via email on November 30, 2018. The LOC informed the LRO

Page 4 of 5

41 of 108

that HRD had expressed a desire during its last OBC Work Session to have a dress

code added to the OPC By-Laws Amendments. The next steps are to: (1) revise the

current draft of the OPC By-Laws Amendments to include a proposed dress code for

LOC consideration; (2) send the current draft of the OPC By-Laws Amendments to

certain HRD representatives for further consideration and comment; and (3) bring any

comments from those members of the HRD back to a LOC Work Meeting for

consideration.

Next Steps:

▪

▪

Accept the Oneida Personnel Commission By-Laws Amendments.

Forward the Personnel Commission By-Laws Amendments to the Oneida Business Committee

for consideration.

Page 5 of 5

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

~

ONEIDA

42 of 108

1

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

45

ONEIDA PERSONNEL COMMISSION BY-LAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Personnel Commission, and may

be referred to as the OPC.

1-2.

Establishment. The OPC was created by the General Tribal Council as the Personnel

Selection Committee and renamed the Personnel Commission by the

Oneida Business Committee through resolution BC-04-13-90-A. The

Oneida Business Committee dissolved the Personnel Commission on April

11, 2018 through resolution BC-04-11-18-A. On August 27, 2018, the

General Tribal Council rescinded the dissolution of the Personnel

Commission and the OPC was recreated by the Oneida Business

Committee through resolution BC-09-26-18-F.

1-3.

Authority.

(a)

(b)

The OPC was created by the General Tribal Council to represent the Oneida

community-at-large in the selection of the Nation’s employees and to shield

those employees from inconsistent and unfair treatment by:

(1)

Protecting against issues of nepotism;

(2)

Enforcing Oneida and Indian preference;

(3)

Hearing and deciding appeals of disciplinary action filed by

employees of the Nation; and

(4)

Carrying out all other powers and duties delegated by the laws of

the Nation, including but not limited to, the Oneida Personnel

Policies and Procedures.

The OPC does not have authority to:

(1)

Enter into contracts;

(2)

Create policy or legislative rules; or

(3)

Evaluate or rate a candidate on criteria qualifications unrelated to

the following subject matter during candidate interviews:

(A)

Oneida/Indian preference;

(B)

Nepotism;

(C)

Conflicts of interest;

(D)

Veteran status; and

(E)

Physical capacity requirements.

1-4.

Office.

The official mailing address of the OPC shall be:

Oneida Personnel Commission

P.O. Box 365

Oneida, WI 54155

1-5.

Membership.

(a)

Number of Members. The OPC shall be made up of five (5) members and

Pro Tem members to be selected by the Oneida Business Committee

Page 1 of 9

43 of 108

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

85

86

87

88

89

90

91

(b)

(c)

(d)

(e)

Support Office in the event of an incumbent member’s recusal based on a

conflict of interest.

(1)

Each member shall hold office until his or her term expires, until his

or her resignation, or until his or her appointment is terminated in

accordance with the Boards, Committees and Commissions law.

Appointment. Each member shall be appointed in accordance with the

Boards, Committees and Commissions law to serve a five (5) year term.

The first term shall be staggered with one (1) member receiving a one (1)

year term; one (1) member receiving a two (2) year term; one (1) member

receiving a three (3) year term; one (1) member receiving a four (4) year

term and one two (12) members receiving a five (5) year term. Each

appointment after the initial staggered terms shall receive a five (5) year

term.

Vacancies.

(1)

Filling of Vacancies. Vacancies shall be filled in accordance with

the Boards, Committees and Commissions law.

(2)

Resignation. A member may resign at any time verbally at a meeting

or by delivering written notice to the Oneida Business Committee

Support Office and the OPC Chairperson or his/her designee.

(A)

Effective Date of Resignation. A resignation is effective

upon acceptance by motion of a member’s verbal resignation

or upon delivery of the written notices.

(3)

Terms of Replacement Member. A replacement member shall hold

office through the unexpired portion of the term of the member

whom he or she has replaced.

(A)

A replacement member is defined as a member who fills a

vacancy caused by resignation, removal or termination.

Qualifications. OPC members shall meet the following qualifications:

(1)

Be an enrolled member of the Oneida Nation;

(2)

Be at least twenty-one (21) years of age;

(3)

Shall not be an employee of the Nation;

(4)

Be available for meetings, training, interviews, prescreening,

reassignments, grievance hearings and other duties as needed. Three

(3) unexcused absences to attend to such duties may be reported to

the Oneida Business Committee, if deemed appropriate by the OPC,

for recommended termination;

(5)

Be free of any and all direct conflicts of interest or appearances of

conflict as defined under various laws and policies of the Nation,

including but not limited to, the oath of office, the Oneida Rules of

Civil Procedure, the Oneida Personnel Policies and Procedures and

other laws/policies regarding employment, the Code of Ethics, and

the Boards, Committees and Commissions law; and

(6)

Have a minimum of two (2) years supervisory experience along with

hiring experience, an Associate Degree, or equivalent experience or

education.

Duties and Responsibilities. OPC members shall abide by the following:

Page 2 of 9

44 of 108

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

132

133

134

135

136

137

(1)

Both formal and informal communications to any entity on behalf

of the OPC must come from a member of the OPC through OPC

directive. Specific policy governing all communications of the OPC

may be set forth in an OPC Communications SOP to provide

procedural guidance, consistent herewith, on determining when,

how, and by which OPC member(s) communications are made;

(2)

Uphold all laws and policies of the Nation, including but not limited

to, the Boards, Committees and Commissions law;

(3)

Conduct grievance hearings in accordance with the Oneida

Personnel Policies and Procedures and the Oneida Judiciary Rules

of Civil Procedure; and

(A)

If a conflict exists between the Oneida Personnel Policies

and Procedures and the Oneida Judiciary Rules of Civil

Procedure, the Oneida Personnel Policies and Procedures

shall govern.

(B)

Appeals from OPC decisions to the Judiciary shall be

governed by the Oneida Code of Laws, Title 8. Judicial

System.

(4)

Exclusively use the official Oneida e-mail address provided by the

Nation upon appointment to the OPC to electronically conduct

business on behalf of the OPC;. and

(4)(5) Dress Code. OPC members are expected to be clean, well-groomed

and dressed in business casual attire when conducting activities on

behalf of the OPC, including but not limited to, employee interviews

and grievance hearings.

(A)

By way of example, business casual attire does not include:

(i)

Tattered jeans or shorts;

(ii)

Shirts with language or graphics that are vulgar;

sexually explicit, or may otherwise be offensive;

(iii) Attire that is revealing or provocative;

(iv)

Flip-flops or any type of loose footwear;

(v)

Sweat suits;

(vi)

See-through blouses or shirts;

(vii) Sports bras, halter tops, or similar attire;

(viii) Tank tops;

(ix)

Clothing that allows bare midriffs; or

(x)

Clothing that is ripped or stained.

1-6.

Termination. An OPC member’s appointment may be terminated in accordance with the

Boards, Committees and Commissions law.

(a)

Any member whose appointment is terminated by the Oneida Business

Committee after the adoption of these bylaws, as may be amended from

time to time, shall not be eligible for re-appointment to the OPC for a

minimum of five (5) years following his or her termination.

1-7.

Trainings.

Page 3 of 9

Formatted: Numbered + Level: 1 + Numbering Style: A, B,

C, … + Start at: 1 + Alignment: Left + Aligned at: 2" +

Indent at: 2.25"

Formatted: Numbered + Level: 1 + Numbering Style: i, ii,

iii, … + Start at: 1 + Alignment: Left + Aligned at: 2.5" +

Indent at: 3"

45 of 108

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

179

180

181

182

183

(a)

(b)

(c)

OPC members must complete the following training prior to participating

in any screenings, interviews and/or grievance hearings on behalf of the

OPC:

(1)

Four (4) hours of e-Learning on interview certification and four (4)

hours of orientation through the Oneida Human Resources

Department, which shall include:

(A)

EEO training;

(B)

Training on Tribal laws, rules and regulations; and

(C)

Training on the Oneida Personnel Policies and Procedures.

(2)

Training on the grievance process, which shall include:

(A)

A presentation developed by the Oneida Judicial System on

the Oneida Judiciary Rules of Civil Procedure, an estimated

three (3) hours in length;

(B)

Up to three (3) hours of training in formal opinion writing

and the basics of evidence; and

(C)

Two (2) hours of training in professional ethics, including

issues of confidentiality.

(3)

Any other training deemed necessary by the Oneida Business

Committee.

After serving on the OPC for one (1) year, all OPC members shall either

accumulate a minimum of eight (8) hours of training annually in the above

subject matter or shall review annually the lessons and materials connected

with the above subjects.

Completion of all training, including training under Section 1-7(b), shall be

confirmed by receipt of a certificate or some other written documentation

and kept on file with the OPC.

Article II. Officers

2-1. Officers.

There shall be a Chairperson, a Vice-Chairperson and a Secretary.

2-2.

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

Chairperson are as follows:

(a)

Shall preside over all meetings of the OPC;

(b)

Shall be a member of all subcommittees of the OPC, may call emergency

meetings, and shall keep the OPC informed as to the business of the OPC;

(c)

Shall, with the assistance of the Secretary, submit annual and semi-annual

reports to the General Tribal Council as required by the Boards, Committees

and Commissions law;

(d)

Shall, with the assistance of the Secretary, submit quarterly reports to the

Oneida Business Committee as required by the Boards, Committees and

Commissions law; and

(e)

Shall, with the assistance of the Secretary, forward notice of meeting

location, agenda and materials in the manner prescribed herein.

2-3.

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

Vice-Chairperson are as follows:

Page 4 of 9

46 of 108

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

226

227

228

229

(a)

(b)

In the absence of the Chairperson, shall conduct meetings of the OPC and

appoint a temporary Vice-Chairperson for those meetings; and

Shall work with the Chairperson in all matters that concern the OPC.

2-4.

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

Secretary are as follows:

(a)

Shall keep accurate minutes and/or assure that accurate minutes are kept of

all OPC meetings as required by the Boards, Committees and Commissions

law and as further prescribed herein;

(b)

Along with the Chairperson, shall provide notice of regular, joint and

emergency meetings, as well as agendas and materials, in the manner

prescribed herein;

(c)

Shall act as custodian of the records;

(d)

Shall attend to, or ensure proper attendance to, all correspondence and

present to the OPC all official communications received by the OPC;

(e)

Shall, along with the Chairperson, submit annual and semi-annual reports

to the General Tribal Council, as well as quarterly reports to the Oneida

Business Committee as required by the Boards, Committees and

Commissions law; and

(g)

Shall work with the Business Committee Support Office to administer the

budget.

2-5.

Standing and Special Committees. Standing and special committees may be created when

deemed necessary by the OPC. In accordance with the Boards, Committees

and Commissions law, OPC members who attend any meetings of a

standing or special committee shall not be eligible to receive a stipend for

their attendance.

2-6.

Selection of Officers. Officers of the OPC shall be appointed by the OPC for two (2) year

terms. Officers may hold only one (1) officer position.

(a)

Each officer shall hold his or her office until:

(1)

The member resigns; or

(2)

The member has his or her appointment terminated in the manner

set forth in the Boards, Committees and Commissions law.

(b)

A vacancy of any officer position shall be filled by the OPC for the

unexpired term at the next regular or emergency meeting.

2-7.

Budgetary Sign-Off Authority and Travel.

(a)

Two (2) of the three (3) OPC Officers must sign-off on budgetary requests.

(b)

The OPC shall follow the Nation’s policies and procedures regarding

purchasing, travel and sign-off authority.

(c)

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

by a majority vote at a regular or emergency OPC meeting.

(d)

The OPC must review its budget on a monthly basis and have one or more

members in attendance at all budget meetings.

Page 5 of 9

47 of 108

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

269

270

271

272

273

274

275

2-8.

No Authorized Personnel. The Oneida Business Committee Support Office and the Oneida

Human Resources Department shall assist the OPC with administrative

duties relating to the employee selection and grievance process.

(a)

The Oneida Human Resources Department shall be responsible for the

scheduling of employee interviews.

Article III. Meetings

3-1. Regular Meetings. Regular meetings shall occur on a monthly-basis. The regular meeting

time, place and agenda shall be determined by the OPC at a regular meeting.

If no alternative designation is made by the OPC, the regular meeting shall

be the last Tuesday of every month. Notice of meeting location, agenda and

materials shall be forwarded by the Chairperson with the assistance of the

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

or another method approved by the Oneida Business Committee. Meetings

shall comply with the Nation’s Open Records and Open Meetings law.

3-2.

Emergency Meetings. Emergency meetings shall only be called when time sensitive issues

require immediate action. Emergency meetings of the OPC may be called

by the Chairperson or upon written request of any two (2) members. Notice

of the meeting location, agenda and materials shall be forwarded by the

Chairperson with the assistance of the Secretary.

(a)

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

provide the Nation’s Secretary with notice of the meeting, the reason for the

emergency meeting, and an explanation of why the matter could not wait

for a regular meeting.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee shall be held in March

and September of each year. Notice of the meeting location, agenda and

materials shall be forwarded by the Chairperson with the assistance of the

Secretary.

3-4.

Quorum.

3-5.

Order of Business. The regular meetings of the OPC shall follow the order of business as

set out herein:

(a)

Call to Order

(b)

Roll Call

(c)

Approving of Previous Meeting Minutes

(d)

Reports

(e)

Old Business

(f)

New Business

(g)

Adjournment

3-6.

Voting.

A majority of the OPC members shall constitute a quorum for the

transaction of business, which shall include the Chairperson or ViceChairperson.

Voting shall be in accordance with the simple majority vote of the OPC

Page 6 of 9

48 of 108

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

314

315

316

317

318

319

320

321

(a)

(b)

members present at a duly called meeting.

The Chairperson shall vote only in case of a tie.

The OPC is permitted to e-poll; provided, it does so in accordance with the

procedures set forth in the Boards, Committees and Commissions law.

Article IV. Expectations

4-1. Behavior of Members. Members are expected to treat each other in accordance with the

Nation’s core values of The Good Mind as expressed by On<yote>a=ka,

which includes:

(a)

Kahletsyal&sla. The heart felt encouragement of the best in each of us.

(b)

Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(c)

Ka>nikuhli=y%. The openness of the good spirit and mind.

(d)

Ka>tshatst^sla. The strength of belief and vision as a People.

(e)

Kalihwi=y%. The use of the good words about ourselves, our Nation, and our

future.

(f)

Twahwahts$lay<. All of us are family.

(g)

Yukwats$stay<. Our fire, our spirit within each one of us.

Failure to treat each other with respect shall be cause for a recommendation

for termination from the OPC. Appointed members of the OPC serve at the

discretion of the Oneida Business Committee. Upon the recommendation of

a member of the Oneida Business Committee or the OPC, a member of the

OPC may have his or her appointment terminated by the Oneida Business

Committee.

4-2.

Prohibition of Violence. Intentionally violent acts committed by a member of the OPC that

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

on another person, or damage to property during a meeting or when acting

in an official capacity are strictly prohibited and grounds for an immediate

recommendation for termination of appointment from the OPC and/or the

imposition of sanctions and/or penalties according to laws and policies of

the Nation.

4-3.

Drug and Alcohol Use. Use of alcohol and prohibited drugs by a member of the OPC when

acting in his or her official capacity is strictly prohibited. Prohibited drugs

are defined as marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other

substance included in Schedules I through V, as defined by Section 812 of

Title 21 of the United States Code. This also includes prescription

medication or over-the-counter medicine used in an unauthorized or

unlawful manner.

4-4.

Social Media. OPC members shall abide by the Nation’s Social Media Policy. OPC

members shall further refrain from posting, attaching or writing anything

relating to OPC business or activities on any social media outlet except for

notices of meetings and notices of meeting cancellations.

Page 7 of 9

49 of 108

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

4-5.

Conflict of Interest. OPC members shall abide by all laws of the Nation governing conflicts

of interest. Members must submit a Conflict of Interest Disclosure form

upon Oath of Office and annually.

Article V. Stipends and Compensation

5-1. Stipends.

OPC members are eligible for the following stipends as set forth in the

Boards, Committees and Commissions law and resolution BC-09-26-18-D,

titled Boards, Committee and Commissions Law Stipends:

(a)

One (1) monthly meeting stipend.

(b)

One (1) stipend per day for participating in interviews and/or job description

pre-screens conducted by the Human Resources Department.

(c)

Stipends for holding grievance hearings.

(d)

Stipends for Judiciary hearings.

(1)

A member of the OPC may receive a stipend for attending an Oneida

Judiciary hearing if that member is specifically subpoenaed.

(e)

Stipend for each full day of training that is required by law, bylaw or

resolution.

(f)

A member shall receive a stipend for his or her attendance at a duly called

joint meeting as defined under the Boards, Committees and Commissions

law.

5-2.

Compensation. OPC members are not eligible for any other type of compensation for duties

/activities they perform as members of the OPC.

(a)

OPC members shall not act in any other official or personal business

capacity or on behalf of any other entity or individual while acting in the

capacity of an OPC member or on behalf of the OPC.

Article VI. Records and Reporting

6-1. Agenda Items. Agendas shall be maintained in a consistent format as identified in Article

III, Section 3-5 of these bylaws.

6-2.

Minutes.

All minutes shall be typed in a consistent format and shall be submitted to

the Oneida Business Committee Support Office within thirty (30) days after

approval by the OPC.

6-3.

Attachments. Handouts, attachments, memoranda, etc. shall be attached to the

corresponding minutes and the agenda, minutes and attachments shall be

kept electronically by the Oneida Business Committee Support Office.

6-4.

Oneida Business Committee Liaison. The OPC shall regularly communicate with the

Oneida Business Committee member who is their designated liaison. The

frequency and method of communication shall be agreed upon by the OPC

and the Liaison.

6-5.

Audio Recordings. The OPC shall audio record meetings and submit the recordings to the

Page 8 of 9

50 of 108

368

369

370

371

372

373

374

375

376

377

(a)

Oneida Business Committee Support Office within two (2) business days

for purposes of maintaining the audio records.

Audio recordings of executive session portions of a meeting are not

required.

Article VII. Amendments

7-1. Amendments to Bylaws. Any amendments to these bylaws shall conform to the

requirements of the Boards, Committees and Commissions law and any

other policy of the Nation. Amendments to these bylaws shall be approved

by the Oneida Business Committee prior to implementation.

Page 9 of 9

51 of 108

1

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

45

ONEIDA PERSONNEL COMMISSION BY-LAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Personnel Commission, and may

be referred to as the OPC.

1-2.

Establishment. The OPC was created by the General Tribal Council as the Personnel

Selection Committee and renamed the Personnel Commission by the

Oneida Business Committee through resolution BC-04-13-90-A. The

Oneida Business Committee dissolved the Personnel Commission on April

11, 2018 through resolution BC-04-11-18-A. On August 27, 2018, the

General Tribal Council rescinded the dissolution of the Personnel

Commission and the OPC was recreated by the Oneida Business

Committee through resolution BC-09-26-18-F.

1-3.

Authority.

(a)

(b)

The OPC was created by the General Tribal Council to represent the Oneida

community-at-large in the selection of the Nation’s employees and to shield

those employees from inconsistent and unfair treatment by:

(1)

Protecting against issues of nepotism;

(2)

Enforcing Oneida and Indian preference;

(3)

Hearing and deciding appeals of disciplinary action filed by

employees of the Nation; and

(4)

Carrying out all other powers and duties delegated by the laws of

the Nation, including but not limited to, the Oneida Personnel

Policies and Procedures.

The OPC does not have authority to:

(1)

Enter into contracts;

(2)

Create policy or legislative rules; or

(3)

Evaluate or rate a candidate on criteria qualifications unrelated to

the following subject matter during candidate interviews:

(A)

Oneida/Indian preference;

(B)

Nepotism;

(C)

Conflicts of interest;

(D)

Veteran status; and

(E)

Physical capacity requirements.

1-4.

Office.

The official mailing address of the OPC shall be:

Oneida Personnel Commission

P.O. Box 365

Oneida, WI 54155

1-5.

Membership.

(a)

Number of Members. The OPC shall be made up of five (5) members and

Pro Tem members to be selected by the Oneida Business Committee

Page 1 of 9

52 of 108

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

85

86

87

88

89

90

91

(b)

(c)

(d)

(e)

Support Office in the event of an incumbent member’s recusal based on a

conflict of interest.

(1)

Each member shall hold office until his or her term expires, until his

or her resignation, or until his or her appointment is terminated in

accordance with the Boards, Committees and Commissions law.

Appointment. Each member shall be appointed in accordance with the

Boards, Committees and Commissions law to serve a five (5) year term.

The first term shall be staggered with one (1) member receiving a one (1)

year term; one (1) member receiving a two (2) year term; one (1) member

receiving a three (3) year term; one (1) member receiving a four (4) year

term and one (1) member receiving a five (5) year term. Each appointment

after the initial staggered terms shall receive a five (5) year term.

Vacancies.

(1)

Filling of Vacancies. Vacancies shall be filled in accordance with

the Boards, Committees and Commissions law.

(2)

Resignation. A member may resign at any time verbally at a meeting

or by delivering written notice to the Oneida Business Committee

Support Office and the OPC Chairperson or his/her designee.

(A)

Effective Date of Resignation. A resignation is effective

upon acceptance by motion of a member’s verbal resignation

or upon delivery of the written notices.

(3)

Terms of Replacement Member. A replacement member shall hold

office through the unexpired portion of the term of the member

whom he or she has replaced.

(A)

A replacement member is defined as a member who fills a

vacancy caused by resignation, removal or termination.

Qualifications. OPC members shall meet the following qualifications:

(1)

Be an enrolled member of the Oneida Nation;

(2)

Be at least twenty-one (21) years of age;

(3)

Shall not be an employee of the Nation;

(4)

Be available for meetings, training, interviews, prescreening,

reassignments, grievance hearings and other duties as needed. Three

(3) unexcused absences to attend to such duties may be reported to

the Oneida Business Committee, if deemed appropriate by the OPC,

for recommended termination;

(5)

Be free of any and all direct conflicts of interest or appearances of

conflict as defined under various laws and policies of the Nation,

including but not limited to, the oath of office, the Oneida Rules of

Civil Procedure, the Oneida Personnel Policies and Procedures and

other laws/policies regarding employment, the Code of Ethics, and

the Boards, Committees and Commissions law; and

(6)

Have a minimum of two (2) years supervisory experience along with

hiring experience, an Associate Degree, or equivalent experience or

education.

Duties and Responsibilities. OPC members shall abide by the following:

(1)

Both formal and informal communications to any entity on behalf

Page 2 of 9

53 of 108

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

132

133

134

135

136

137

(2)

(3)

(4)

(5)

of the OPC must come from a member of the OPC through OPC

directive. Specific policy governing all communications of the OPC

may be set forth in an OPC Communications SOP to provide

procedural guidance, consistent herewith, on determining when,

how, and by which OPC member(s) communications are made;

Uphold all laws and policies of the Nation, including but not limited

to, the Boards, Committees and Commissions law;

Conduct grievance hearings in accordance with the Oneida

Personnel Policies and Procedures and the Oneida Judiciary Rules

of Civil Procedure;

(A)

If a conflict exists between the Oneida Personnel Policies

and Procedures and the Oneida Judiciary Rules of Civil

Procedure, the Oneida Personnel Policies and Procedures

shall govern.

(B)

Appeals from OPC decisions to the Judiciary shall be

governed by the Oneida Code of Laws, Title 8. Judicial

System.

Exclusively use the official Oneida e-mail address provided by the

Nation upon appointment to the OPC to electronically conduct

business on behalf of the OPC; and

Dress Code. OPC members are expected to be clean, well-groomed

and dressed in business casual attire when conducting activities on

behalf of the OPC, including but not limited to, employee interviews

and grievance hearings.

(A)

By way of example, business casual attire does not include:

(i)

Tattered jeans or shorts;

(ii)

Shirts with language or graphics that are vulgar;

sexually explicit, or may otherwise be offensive;

(iii) Attire that is revealing or provocative;

(iv)

Flip-flops or any type of loose footwear;

(v)

Sweat suits;

(vi)

See-through blouses or shirts;

(vii) Sports bras, halter tops, or similar attire;

(viii) Tank tops;

(ix)

Clothing that allows bare midriffs; or

(x)

Clothing that is ripped or stained.

1-6.

Termination. An OPC member’s appointment may be terminated in accordance with the

Boards, Committees and Commissions law.

(a)

Any member whose appointment is terminated by the Oneida Business

Committee after the adoption of these bylaws, as may be amended from

time to time, shall not be eligible for re-appointment to the OPC for a

minimum of five (5) years following his or her termination.

1-7.

Trainings.

(a)

OPC members must complete the following training prior to participating

Page 3 of 9

54 of 108

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

179

180

181

182

183

(b)

(c)

in any screenings, interviews and/or grievance hearings on behalf of the

OPC:

(1)

Four (4) hours of e-Learning on interview certification and four (4)

hours of orientation through the Oneida Human Resources

Department, which shall include:

(A)

EEO training;

(B)

Training on Tribal laws, rules and regulations; and

(C)

Training on the Oneida Personnel Policies and Procedures.

(2)

Training on the grievance process, which shall include:

(A)

A presentation developed by the Oneida Judicial System on

the Oneida Judiciary Rules of Civil Procedure, an estimated

three (3) hours in length;

(B)

Up to three (3) hours of training in formal opinion writing

and the basics of evidence; and

(C)

Two (2) hours of training in professional ethics, including

issues of confidentiality.

(3)

Any other training deemed necessary by the Oneida Business

Committee.

After serving on the OPC for one (1) year, all OPC members shall either

accumulate a minimum of eight (8) hours of training annually in the above

subject matter or shall review annually the lessons and materials connected

with the above subjects.

Completion of all training, including training under Section 1-7(b), shall be

confirmed by receipt of a certificate or some other written documentation

and kept on file with the OPC.

Article II. Officers

2-1. Officers.

There shall be a Chairperson, a Vice-Chairperson and a Secretary.

2-2.

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

Chairperson are as follows:

(a)

Shall preside over all meetings of the OPC;

(b)

Shall be a member of all subcommittees of the OPC, may call emergency

meetings, and shall keep the OPC informed as to the business of the OPC;

(c)

Shall, with the assistance of the Secretary, submit annual and semi-annual

reports to the General Tribal Council as required by the Boards, Committees

and Commissions law;

(d)

Shall, with the assistance of the Secretary, submit quarterly reports to the

Oneida Business Committee as required by the Boards, Committees and

Commissions law; and

(e)

Shall, with the assistance of the Secretary, forward notice of meeting

location, agenda and materials in the manner prescribed herein.

2-3.

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

Vice-Chairperson are as follows:

(a)

In the absence of the Chairperson, shall conduct meetings of the OPC and

Page 4 of 9

55 of 108

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

226

227

228

229

(b)

2-4.

2-5.

appoint a temporary Vice-Chairperson for those meetings; and

Shall work with the Chairperson in all matters that concern the OPC.

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

Secretary are as follows:

(a)

Shall keep accurate minutes and/or assure that accurate minutes are kept of

all OPC meetings as required by the Boards, Committees and Commissions

law and as further prescribed herein;

(b)

Along with the Chairperson, shall provide notice of regular, joint and

emergency meetings, as well as agendas and materials, in the manner

prescribed herein;

(c)

Shall act as custodian of the records;

(d)

Shall attend to, or ensure proper attendance to, all correspondence and

present to the OPC all official communications received by the OPC;

(e)

Shall, along with the Chairperson, submit annual and semi-annual reports

to the General Tribal Council, as well as quarterly reports to the Oneida

Business Committee as required by the Boards, Committees and

Commissions law; and

(g)

Shall work with the Business Committee Support Office to administer the

budget.

Standing and Special Committees. Standing and special committees may be created when

deemed necessary by the OPC. In accordance with the Boards, Committees

and Commissions law, OPC members who attend any meetings of a

standing or special committee shall not be eligible to receive a stipend for

their attendance.

2-6.

Selection of Officers. Officers of the OPC shall be appointed by the OPC for two (2) year

terms. Officers may hold only one (1) officer position.

(a)

Each officer shall hold his or her office until:

(1)

The member resigns; or

(2)

The member has his or her appointment terminated in the manner

set forth in the Boards, Committees and Commissions law.

(b)

A vacancy of any officer position shall be filled by the OPC for the

unexpired term at the next regular or emergency meeting.

2-7.

Budgetary Sign-Off Authority and Travel.

(a)

Two (2) of the three (3) OPC Officers must sign-off on budgetary requests.

(b)

The OPC shall follow the Nation’s policies and procedures regarding

purchasing, travel and sign-off authority.

(c)

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

by a majority vote at a regular or emergency OPC meeting.

(d)

The OPC must review its budget on a monthly basis and have one or more

members in attendance at all budget meetings.

2-8.

No Authorized Personnel. The Oneida Business Committee Support Office and the Oneida

Human Resources Department shall assist the OPC with administrative

Page 5 of 9

56 of 108

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

269

270

271

272

273

274

275

(a)

duties relating to the employee selection and grievance process.

The Oneida Human Resources Department shall be responsible for the

scheduling of employee interviews.

Article III. Meetings

3-1. Regular Meetings. Regular meetings shall occur on a monthly-basis. The regular meeting

time, place and agenda shall be determined by the OPC at a regular meeting.

If no alternative designation is made by the OPC, the regular meeting shall

be the last Tuesday of every month. Notice of meeting location, agenda and

materials shall be forwarded by the Chairperson with the assistance of the

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

or another method approved by the Oneida Business Committee. Meetings

shall comply with the Nation’s Open Records and Open Meetings law.

3-2.

Emergency Meetings. Emergency meetings shall only be called when time sensitive issues

require immediate action. Emergency meetings of the OPC may be called

by the Chairperson or upon written request of any two (2) members. Notice

of the meeting location, agenda and materials shall be forwarded by the

Chairperson with the assistance of the Secretary.

(a)

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

provide the Nation’s Secretary with notice of the meeting, the reason for the

emergency meeting, and an explanation of why the matter could not wait

for a regular meeting.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee shall be held in March

and September of each year. Notice of the meeting location, agenda and

materials shall be forwarded by the Chairperson with the assistance of the

Secretary.

3-4.

Quorum.

3-5.

Order of Business. The regular meetings of the OPC shall follow the order of business as

set out herein:

(a)

Call to Order

(b)

Roll Call

(c)

Approving of Previous Meeting Minutes

(d)

Reports

(e)

Old Business

(f)

New Business

(g)

Adjournment

3-6.

Voting.

(a)

A majority of the OPC members shall constitute a quorum for the

transaction of business, which shall include the Chairperson or ViceChairperson.

Voting shall be in accordance with the simple majority vote of the OPC

members present at a duly called meeting.

The Chairperson shall vote only in case of a tie.

Page 6 of 9

57 of 108

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

314

315

316

317

318

319

320

321

(b)

The OPC is permitted to e-poll; provided, it does so in accordance with the

procedures set forth in the Boards, Committees and Commissions law.

Article IV. Expectations

4-1. Behavior of Members. Members are expected to treat each other in accordance with the

Nation’s core values of The Good Mind as expressed by On<yote>a=ka,

which includes:

(a)

Kahletsyal&sla. The heart felt encouragement of the best in each of us.

(b)

Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(c)

Ka>nikuhli=y%. The openness of the good spirit and mind.

(d)

Ka>tshatst^sla. The strength of belief and vision as a People.

(e)

Kalihwi=y%. The use of the good words about ourselves, our Nation, and our

future.

(f)

Twahwahts$lay<. All of us are family.

(g)

Yukwats$stay<. Our fire, our spirit within each one of us.

Failure to treat each other with respect shall be cause for a recommendation

for termination from the OPC. Appointed members of the OPC serve at the

discretion of the Oneida Business Committee. Upon the recommendation of

a member of the Oneida Business Committee or the OPC, a member of the

OPC may have his or her appointment terminated by the Oneida Business

Committee.

4-2.

Prohibition of Violence. Intentionally violent acts committed by a member of the OPC that

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

on another person, or damage to property during a meeting or when acting

in an official capacity are strictly prohibited and grounds for an immediate

recommendation for termination of appointment from the OPC and/or the

imposition of sanctions and/or penalties according to laws and policies of

the Nation.

4-3.

Drug and Alcohol Use. Use of alcohol and prohibited drugs by a member of the OPC when

acting in his or her official capacity is strictly prohibited. Prohibited drugs

are defined as marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other

substance included in Schedules I through V, as defined by Section 812 of

Title 21 of the United States Code. This also includes prescription

medication or over-the-counter medicine used in an unauthorized or

unlawful manner.

4-4.

Social Media. OPC members shall abide by the Nation’s Social Media Policy. OPC

members shall further refrain from posting, attaching or writing anything

relating to OPC business or activities on any social media outlet except for

notices of meetings and notices of meeting cancellations.

4-5.

Conflict of Interest. OPC members shall abide by all laws of the Nation governing conflicts

Page 7 of 9

58 of 108

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

of interest. Members must submit a Conflict of Interest Disclosure form

upon Oath of Office and annually.

Article V. Stipends and Compensation

5-1. Stipends.

OPC members are eligible for the following stipends as set forth in the

Boards, Committees and Commissions law and resolution BC-09-26-18-D,

titled Boards, Committee and Commissions Law Stipends:

(a)

One (1) monthly meeting stipend.

(b)

One (1) stipend per day for participating in interviews and/or job description

pre-screens conducted by the Human Resources Department.

(c)

Stipends for holding grievance hearings.

(d)

Stipends for Judiciary hearings.

(1)

A member of the OPC may receive a stipend for attending an Oneida

Judiciary hearing if that member is specifically subpoenaed.

(e)

Stipend for each full day of training that is required by law, bylaw or

resolution.

(f)

A member shall receive a stipend for his or her attendance at a duly called

joint meeting as defined under the Boards, Committees and Commissions

law.

5-2.

Compensation. OPC members are not eligible for any other type of compensation for duties

/activities they perform as members of the OPC.

(a)

OPC members shall not act in any other official or personal business

capacity or on behalf of any other entity or individual while acting in the

capacity of an OPC member or on behalf of the OPC.

Article VI. Records and Reporting

6-1. Agenda Items. Agendas shall be maintained in a consistent format as identified in Article

III, Section 3-5 of these bylaws.

6-2.

Minutes.

All minutes shall be typed in a consistent format and shall be submitted to

the Oneida Business Committee Support Office within thirty (30) days after

approval by the OPC.

6-3.

Attachments. Handouts, attachments, memoranda, etc. shall be attached to the

corresponding minutes and the agenda, minutes and attachments shall be

kept electronically by the Oneida Business Committee Support Office.

6-4.

Oneida Business Committee Liaison. The OPC shall regularly communicate with the

Oneida Business Committee member who is their designated liaison. The

frequency and method of communication shall be agreed upon by the OPC

and the Liaison.

6-5.

Audio Recordings. The OPC shall audio record meetings and submit the recordings to the

Oneida Business Committee Support Office within two (2) business days

for purposes of maintaining the audio records.

Page 8 of 9

59 of 108

368

369

370

371

372

373

374

375

(a)

Audio recordings of executive session portions of a meeting are not

required.

Article VII. Amendments

7-1. Amendments to Bylaws. Any amendments to these bylaws shall conform to the

requirements of the Boards, Committees and Commissions law and any

other policy of the Nation. Amendments to these bylaws shall be approved

by the Oneida Business Committee prior to implementation.

Page 9 of 9

60 of 108

Analysis 2 to Draft (Clean) for OBC Consideration

2019 01 09

Oneida Personnel Commission Bylaw Amendments

Legislative Analysis

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Legislative

Reference Office

Complies with

Boards, Committees

and Commissions

Law

Intent of the Bylaws

Intent of the

Amendments

Purpose

Legislation Related to

Boards, Committees

and Commissions

Enforcement/Due

Process

SPONSOR:

David P. Jordan

DRAFTER:

Kristen M. Hooker

ANALYST:

Maureen Perkins

These amendments comply with the Oneida Business Committee directive established by

resolution BC-09-26-18-C that all Boards, Committees and Commissions of the Nation;

excluding the Oneida Business Committee or standing committees of the OBC and Tribal

corporations, amend their bylaws to comply with the requirements established by the

Boards, Committees and Commissions law. Additional information and requirements

included in these bylaws beyond what is required in the Boards, Committees and

Commissions law is not prohibited [see O.C. 105.10].

The bylaws provide a framework for the operation and management of the board to govern

the standard procedures regarding the way the board conducts its affairs, including: the

appointment of persons to the board, the membership qualifications, duties and

responsibilities of both members and officers, terms and filling vacancies of members,

selection of officers, establishment of expectations of members, maintenance of official

records, stipends, termination process, required training, and how the bylaws are amended.

The amendments were directed by the OBC in a regularly scheduled OBC meeting of

September 12, 2018 with the direction to update qualifications to address the issue of

understanding hearing authorities and responsibilities. The amendments also address

changes required by the amended Boards, Committees and Commissions law established

by resolution BC-09-26-18-C.

The Oneida Personnel Commission (OPC) was created by the General Tribal Council to

protect against nepotism and enforce Oneida and Indian preference in hiring. The OPC

represents the Oneida Community-at-large related to issues of Oneida and Indian

Preference and nepotism in the selection of the Nation’s employees and to protect those

employees from inconsistent and unfair treatment by:

(1) Protecting against issues of nepotism;

(2) Enforcing Oneida and Indian preference;

(3) Hearing and deciding appeals of disciplinary action filed by employees of the Nation;

and

(4) Carrying out all other powers and duties authorities delegated by the laws of the

Nation, including but not limited to the Oneida Personnel Policies and Procedures.

Oneida Personnel Policies and Procedures (PPP)

Boards, Committees and Commissions law

Code of Ethics law

Travel and Expense Policy

Conflict of Interest law

Social Media Policy

Computer Resources Ordinance

Open Records Open Meetings Law

Budget Management and Control law

Oneida Judiciary Rules of Civil Procedure

An appointed member of an entity serves at the discretion of the Oneida Business

Committee. Upon the recommendation of a member of the Oneida Business Committee or

the entity, a member of an appointed entity may have his or her appointment terminated by

the Oneida Business Committee.

(a) A two-thirds majority vote of the Oneida Business Committee shall be required in order

to terminate the appointment of an individual.

Page 1 of 7

61 of 108

Analysis 2 to Draft (Clean) for OBC Consideration

2019 01 09

Public Meeting

(b) The Oneida Business Committee’s decision to terminate an appointment is final and not

subject to appeal [see O.C. 105-7-4].

Public meetings are not required for bylaws.

SECTION 2. BACKGROUND

A. For a thorough history of the Oneida Personnel Commission (OPC) please refer to the resolution BC09-26-18-F titled “Rescission of the Dissolution of the Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive”.

B. The bylaw amendments were added to the Active Files List on September 19, 2018 with David P.

Jordan as the sponsor.

SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW

A. The bylaws comply with changes to the requirements of all bylaws established by the amendments to

the Boards, Committees and Commissions law adopted by resolution BC-09-26-18-C the Oneida

Business Committee on September 26, 2018 [see 105.10-1].

B. The bylaws comply with OBC Resolution BC-09-26-18-D Boards, Committees and Commission

Stipends.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

SECTION 4. AMENDMENTS

This section details the changes to the bylaws from the previous bylaws adopted by the Oneida Business

Committee on April 28, 2010.

A. ARTICLE I. AUTHORITY

a. A section was added restricting the OPC from the following activities [see Article I. 13(b)].:

• (1) entering into contracts

o The OPC is no longer authorized to hire staff and therefore will no

longer have a need to enter into any contracts.

• (2) creating policy or legislative rules

o The OPC can recommend policy or legislative changes to existing

employment related laws or request laws be created by the Legislative

Operating Committee; however, the role of creating and adopting policy,

legislative rules and laws has been delegated to the Legislative Operating

Committee by the General Tribal Council through the Legislative

Procedures Act.

• (3) evaluating or rating candidates on criteria qualifications unrelated to

Oneida/Indian preference, nepotism, conflicts of interest, veteran status and

physical capacity requirements.

o OPC evaluation will be limited to items for which the OPC was created

including Indian Preference, nepotism and conflicts of interest, as well as

ensuring candidates receive a fair evaluation for veteran’s status and

physical capacity. The Personal Policies and Procedures do authorize the

OPC to evaluate candidates during the interview process [see PPP,

Page 2 of 7

62 of 108

Analysis 2 to Draft (Clean) for OBC Consideration

2019 01 09

25

26

27

28

29

30

31

32

33

34

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

b.

c.

d.

e.

f.

g.

(B)Hiring Procedure, (2) Hiring Procedures, (g) Candidate Interviews];

but the Policies and Procedures do not specify how that evaluation will

take place. This provision of the bylaws clearly defines the interview

factors that will be evaluated by the OPC.

The number of members was reduced from twelve to fifteen (12-15) down to five (5)

members with the ability of the Oneida Business Committee Support Office to select Pro

Tem members in the event of an incumbent member’s recusal based on conflict of

interest [see Article I. 1-5(a)].

A provision was added prohibiting members from being employed by the Nation [see

Article I. 1-5(d)(3)].

• The previous bylaws only restricted OPC members from working for HRD,

serving on any advocacy group (department) or any other recognized hearing

body. Maintaining employment with the Nation and serving on the OPC may be

problematic due to the fact that employment screenings, interviews and grievance

hearings are all held during the work day and the OPC members must be able to

attend.

A replacement member is now appointed to fulfill the unexpired term [see Article I. 15(c)(3)]. Previous appointments filling a vacancy served a full term.

A minimum age requirement of twenty-one (21) years of age was established by the

amendments [see Article I. 1-5(d)(2)].

• This change supports the potential members time to gain the necessary

supervisory experience and work experience to effectively perform the duties of

the OPC.

A requirement was added requiring a minimum of two (2) years supervisory experience

in addition to hiring experience, an Associate’s Degree, or equivalent experience or

education [see Article I. 1-5(d)(6)].

Additional duties and responsibilities new to these bylaws include:

• Uphold all laws and policies of the Nation, including but not limited to the

Boards, Committees and Commissions law;

• Conduct grievance hearings in accordance with the Oneida Personnel Policies

and Procedures and the Oneida Judiciary Rules of Civil Procedure. If a conflict

exists between the Oneida Personnel Policies and Procedures and the Oneida

Judiciary Rules of Civil Procedure, the Oneida Personnel Policies and Procedures

shall govern [see 803.4-6]. Appeals from OPC decisions to the Judiciary shall be

governed by the Oneida Code of Laws, Title 8. Judicial System which includes

multiple laws that govern the Judiciary.

• Exclusively use the official e-mail address provided by the Nation upon

This text is long and has been trimmed here. Open the source document for the complete record.