# Oneida Business Committee (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2b89b6e1d0b55d83 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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) Sha [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2b89b6e1d0b55d83. Public record. Not legal advice.