Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

February 15, 2023

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 1, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Back Pay Law Amendments (pg. 4)

IV.

New Submissions

1. Election Law Emergency Amendments (pg. 16)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

February 1, 2023

9:00 a.m.

Present: David P. Jordan, Marie Cornelius, Daniel Guzman King

Excused: Kirby Metoxen, Jennifer Webster

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

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

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

Kaylynn Gresham (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Mark Powless

(Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Josh Cottrell (Microsoft Teams),

Kristal Hill (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Rae Skenandore (Microsoft

Teams)

I.

Call to Order and Approval of the Agenda

David P. Jordan called the February 1, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion Daniel Guzman King to adopt the agenda as is; seconded by Marie Cornelius.

Motion carried unanimously.

II.

Minutes to be Approved

1. January 18, 2023 LOC Meeting Minutes

Motion by Marie Cornelius to approve the January 18, 2023, LOC meeting minutes and

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

carried unanimously.

III.

Current Business

1. Back Pay Law Amendments

Motion by Maire Cornelius to accept the public comments and the public comment review

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

Guzman King. Motion carried unanimously.

2. Clean Air Policy Amendments

Motion by Marie Cornelius to approve the draft of the Clean Air policy amendments and

direct that a legislative analysis be completed; seconded by Daniel Guzman King Motion

carried unanimously.

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

Legislative Operating Committee Meeting Minutes of February 1, 2023

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IV.

New Submissions

1. Oneida Election Board Bylaws Amendments

Motion by Marie Cornelius to add the Oneida Election Board bylaws amendments to the

Active Files List with Daniel Guzman King as the sponsor; seconded by Daniel Guzman

King. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

1. Legislative Operating Committee Fiscal Year 2023 First Quarter Report

Motion by Daniel Guzman King to approve the LOC FY23 First Quarter Report with noted

change to Marie Cornelius’s phone number and forward to the Oneida Business

Committee; seconded by Marie Cornelius. Motion carried unanimously.

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

Scholarship Law

Motion by Marie Cornelius to accept the memorandum and revise the title on the Active

Files List from Trust Scholarship Fund Policy Amendments to Higher Education

Scholarship Law; seconded by Daniel Guzman King Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

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

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of February 1, 2023

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

February 15, 2023

Back Pay Law

Amendments

Submission Date: 9/21/22

LOC Sponsor: Marie Cornelius

Public Meeting: 12/13/22

Emergency Enacted: N/A

Summary: On August 14, 2022, during executive session, the Oneida Business Committee requested

that the Legislative Operating Committee add the Back Pay law to the Active Files List, and to release the

confidential memo to the Legislative Reference Office as a confidential document.

9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the

Backpay Policy to the active files agenda and to release the confidential memo to the

Legislative Reference Office as a confidential document, seconded by David P. Jordan.

Motion carried.

9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

9/29/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

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

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

discuss the proposed draft of amendments to the Back Pay law.

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

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

Motion carried unanimously.

10/13/22:

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

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

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

amendments to the law.

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

by Marie Cornelius. Motion carried unanimously.

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

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

Cornelius. Motion carried unanimously.

12/13/22:

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

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

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

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

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

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

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

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

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

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

12/20/22:

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

during the public comment period.

2/1/23 LOC:

Motion by Maire Cornelius to accept the public comments and the public comment review

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

Guzman King. Motion carried unanimously.

2/1/23:

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

Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work meeting was to review and

consider the public comments received.

Next Steps:

 Accept the updated public comment review memorandum.

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Legislative Operating Committee (LOC)

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

February 15, 2023

Back Pay Law Amendments: Public Comment Review with LOC Consideration

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

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

2022. The Legislative Operating Committee reviewed and considered the public comments

received on February 1, 2023. This memorandum is submitted as a review of the comments

received during the public comment period.

Comment 1 – Definition of Division:

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an

employee's appeal of a termination result in the termination being overturned, the reviewing

party shall order the employee be reinstated to the position from which the employee was

wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the

position the employee was terminated from based on amendments to the position

description, the reviewing party shall order reinstatement to a position within the

same division of the organization the employee was terminated from that is

comparable in wage to the position the employee was terminated, to the extent it is

available at the time of the reviewing party's decision.

(b) Any order requiring the employee to be reinstated to a position comparable to

the position the employee was terminated from shall note the requirement that the

Human Resources Department shall make the determination that the employee is

eligible for a comparable position.

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

employee was terminated from that are comparable in wage to the position the employee was

terminated from, or if the employee is not eligible for the comparable position, the order to

reinstate shall be deemed satisfied and the back pay end date shall be the date of the

reviewing party's decision.

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

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

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

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

divisions/areas?

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

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

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

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

that example.

Response

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

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

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

positions with comparable wages and responsibilities.

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

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

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

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

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

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

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

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

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

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

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's

appeal of a termination result in the termination being overturned, the reviewing party shall order

the employee be reinstated to the position from which the employee was wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the position

the employee was terminated from based on amendments to the position description, the

reviewing party shall order reinstatement to a position within the same division of the

organization the employee was terminated from that is comparable in wage and

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

it is available at the time of the reviewing party's decision.

(b) Any order requiring the employee to be reinstated to a position comparable to the

position the employee was terminated from shall note the requirement that the Human

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

comparable position.

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

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

position the employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date

of the reviewing party's decision.

LOC Consideration

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The Legislative Operating Committee agreed that the current use of the term “division” needs

clarification and may trigger limitations that were not intended by this provision of the Law, and

directed that the proposed revisions be made to the Law.

Comment 2 – Modification or Elimination of a Position:

206.4. Reinstatement

206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is

terminated and thereafter appeals said termination, the disciplining supervisor may only fill

the employee's former position with an interim employee until the appeal has fully run its

course, which includes any appeal timelines to the area manager, the Trial Court, or the

Appellate Court.

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position

pending an employee's appeal of their termination as provided in section 206.4-2, a

supervisor or business unit may amend the affected position description or eliminate the

affected position while an employment appeal is pending where such actions are required to

meet the Nation's business and employment needs. The determination to amend an affected

position description or eliminate an affected position shall be approved by the Human

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

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

non-divisional employees.

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

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

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

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

expected to happen often.

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

ends).

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

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

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

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

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

description wait until the appeal process has concluded.

Response

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

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

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

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

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

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

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The Law provides that when an employee is terminated and thereafter appeals said termination,

the disciplining supervisor may only fill the employee's former position with an interim employee

until the appeal has fully run its course, which includes any appeal timelines to the area manager,

the Trial Court, or the Appellate Court. [2 O.C. 206.4-2]. A supervisor is allowed to amend the

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

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

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

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

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

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

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

of command for non-divisional employees. Id.

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

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

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

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

the following determinations:

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

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

currently drafted.

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

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

Legislative Operating Committee makes this determination it is recommended that the

Legislative Operating Committee meet with the Human Resources Department to discuss

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

should be allowed pending an employment appeal.

LOC Consideration

The Legislative Operating Committee determined that section 206.4-3 of the Law should be

amended to provide greater clarification as to when modification or elimination of a position is

allowed pending an employment appeal. The Legislative Operating Committee determined that

“actions are required to meet the Nation's business and employment needs” does not provide

enough clarification as to when the modification or elimination of a position is allowed when an

employment appeal is pending, and that the Law should be made very clear when this is and is not

allowed.

Comment 3 – Comparable Wage:

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an

employee's appeal of a termination result in the termination being overturned, the reviewing

party shall order the employee be reinstated to the position from which the employee was

wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

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terminated from has been eliminated or the employee is no longer eligible for the

position the employee was terminated from based on amendments to the position

description, the reviewing party shall order reinstatement to a position within the

same division of the organization the employee was terminated from that is

comparable in wage to the position the employee was terminated, to the extent it is

available at the time of the reviewing party's decision.

(b) Any order requiring the employee to be reinstated to a position comparable to

the position the employee was terminated from shall note the requirement that the

Human Resources Department shall make the determination that the employee is

eligible for a comparable position.

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

employee was terminated from that are comparable in wage to the position the employee was

terminated from, or if the employee is not eligible for the comparable position, the order to

reinstate shall be deemed satisfied and the back pay end date shall be the date of the

reviewing party's decision.

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

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

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

Response

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

Law provides that in the event the position the employee was terminated from has been eliminated

or the employee is no longer eligible for the position the employee was terminated from based on

amendments to the position description, the reviewing party shall order reinstatement to a position

within the same division of the organization the employee was terminated from that is comparable

in wage to the position the employee was terminated, to the extent it is available at the time of the

reviewing party's decision. [2 O.C. 206.4-1(a)]. Any order requiring the employee to be reinstated

to a position comparable to the position the employee was terminated from shall note the

requirement that the Human Resources Department shall make the determination that the

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

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

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

capable of or suitable for comparison; similar, like.

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

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

one of the following determinations:

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

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

remain as currently drafted.

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

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

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

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recommended that the Legislative Operating Committee meet with the Human Resources

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

LOC Consideration

The Legislative Operating Committee determined that use of the term “comparable wage” in

section 206.4-1 of the Law should be amended to provide greater clarification as to how

“comparable wage” should be defined and utilized.

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

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an

employee's appeal of a termination result in the termination being overturned, the reviewing

party shall order the employee be reinstated to the position from which the employee was

wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the

position the employee was terminated from based on amendments to the position

description, the reviewing party shall order reinstatement to a position within the

same division of the organization the employee was terminated from that is

comparable in wage to the position the employee was terminated, to the extent it is

available at the time of the reviewing party's decision.

(b) Any order requiring the employee to be reinstated to a position comparable to

the position the employee was terminated from shall note the requirement that the

Human Resources Department shall make the determination that the employee is

eligible for a comparable position.

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

employee was terminated from that are comparable in wage to the position the employee was

terminated from, or if the employee is not eligible for the comparable position, the order to

reinstate shall be deemed satisfied and the back pay end date shall be the date of the

reviewing party's decision.

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

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

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

they would not be eligible?

Response

The commenter questions the process for reinstating an employee to a position within the same

division of the organization the employee was terminated from that is comparable in wage to the

position the employee was terminated.

Currently, the proposed amendments to the Law provides that the reviewing party shall order

reinstatement to a position within the same division of the organization the employee was

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terminated from that is comparable in wage to the position the employee was terminated, to the

extent it is available at the time of the reviewing party's decision, and that any order requiring the

employee to be reinstated to a position comparable to the position the employee was terminated

from shall note the requirement that the Human Resources Department shall make the

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

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

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

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

develop a standard operating procedure to guide this process.

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

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

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

Operating Committee may make one of the following determinations:

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

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

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

currently drafted.

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

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

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

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

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

be included in this Law.

LOC Consideration

The Legislative Operating Committee determined clarification in section 206.4-1 of the Law is

needed to address the process for reinstating a terminated employee to a comparable position in

wage to the position the employee was terminated from. The Legislative Operating Committee

expressed concern over how reinstatement of an employee would fit in with the current hiring and

selection procedures contained in the Oneida Personnel Policies and Procedures, and overall wants

to discuss and rethink whether reinstatement to a different position should be allowed.

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

206.4. Reinstatement

206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is

terminated and thereafter appeals said termination, the disciplining supervisor may only fill

the employee's former position with an interim employee until the appeal has fully run its

course, which includes any appeal timelines to the area manager, the Trial Court, or the

Appellate Court.

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position

pending an employee's appeal of their termination as provided in section 206.4-2, a

supervisor or business unit may amend the affected position description or eliminate the

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affected position while an employment appeal is pending where such actions are required to

meet the Nation's business and employment needs. The determination to amend an affected

position description or eliminate an affected position shall be approved by the Human

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

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

non-divisional employees.

Todd VandenHeuvel (written): 206.4-2. Requirement to Hold the Position Pending Litigation.

When an employee is terminated and thereafter appeals said termination, the disciplining

supervisor may only fill the employee's former position with an interim employee until the appeal

has fully run its course, which includes any appeal timelines to the area manager, the Trial Court,

or the Appellate Court.

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an

employee's appeal of their termination as provided in section 206.4-2, a supervisor or business

unit may amend the affected position description or eliminate the affected position while an

employment appeal is pending where such actions are required to meet the Nation's business and

employment needs. The determination to amend an affected position description or eliminate an

affected position shall be approved by the Human Resources Executive Director and either the

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

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

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

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

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

eliminate or change the position the appellant would return to?

Response

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

amending or eliminating the position pending litigation is allowed.

Section 206.4-2 of the Law provides the requirement that when an employee is terminated and

thereafter appeals said termination, the disciplining supervisor may only fill the employee's former

position with an interim employee until the appeal has fully run its course, which includes any

appeal timelines to the area manager, the Trial Court, or the Appellate Court. Section 206.4-3 of

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

the position pending an appeal, a supervisor or business unit may amend the affected position

description or eliminate the affected position while an employment appeal is pending where such

actions are required to meet the Nation's business and employment needs. To ensure that the

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

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

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

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

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

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

Law:

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's

appeal of a termination result in the termination being overturned, the reviewing party shall order

the employee be reinstated to the position from which the employee was wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the position

the employee was terminated from based on amendments to the position description, the

reviewing party shall order reinstatement to a position within the same division of the

organization the employee was terminated from that is comparable in wage to the position

the employee was terminated, to the extent it is available at the time of the reviewing party's

decision.

(b) Any order requiring the employee to be reinstated to a position comparable to the

position the employee was terminated from shall note the requirement that the Human

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

comparable position.

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

the employee was terminated from that are comparable in wage to the position the

employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be

the date of the reviewing party's decision.

206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated

and thereafter appeals said termination, the disciplining supervisor may only fill the employee's

former position with an interim employee until the appeal has concludedfully run its course, which

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

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

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

employment appeal is pending.

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

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

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

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

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an

employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit

may amend the affected position description or eliminate the affected position while an

employment appeal is pending where such actions are required to meet the Nation's business and

employment needs. The determination to amend an affected position description or eliminate an

affected position shall be approved by the Human Resources Executive Director and either the

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

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

206.4-3. Reinstatement to a Comparable Position. In the event the position the employee was

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

Page 9 of 10

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ONEIDA

15 of 18

terminated from has been eliminated or the employee is no longer eligible for the position the

employee was terminated from based on modifications to the position description, the reviewing

party shall order reinstatement to a position within the same division of the organization the

employee was terminated from that is comparable in wage to the position the employee was

terminated, to the extent it is available at the time of the reviewing party's decision.

(a) Any order requiring the employee to be reinstated to a position comparable to the

position the employee was terminated from shall note the requirement that the Human

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

comparable position.

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

the employee was terminated from that are comparable in wage to the position the

employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be

the date of the reviewing party's decision.

LOC Consideration

The Legislative Operating Committee agrees that the included provisions of the Law would benefit

from further clarification, and determined that they would take the suggested revision into

consideration when they conduct further review of the concerns brought up by the Human

Resources Department.

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

Page 10 of 10

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ONEIDA

16 of 18

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Boš ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

"

GDDDDO

ONEIDA

AGENDA REQUEST FORM

February 15, 2023

1) Request Date: _____________________________________________________

Shannon Davis

2) Contact Person(s): ______________________________________

GAO

Dept:____________________________

920-569-4324

sdavis@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Amendment to Election Law

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

The Oneida Election Board is requesting a reduction in the number of

signatures required on the election totals due to the number of Election

_______________________________________________________________________________

Board members

_______________________________________________________________________________

_______________________________________________________________________________

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

Memo from OEB Chair

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

Election Law 102.10-2

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

[i] Yes

□ No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

~ C- ;J).affiA)

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

17 of 18

Oneida Nation

Oneida Election Board

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

~

000000

ONEIDA

MEMORANDUM

To:

Business Committee

From:

Pamela Nohr, Election Board Chair

Date:

February 13, 2023

Re:

Emergency Amendments to Election Law

The Oneida Election Law 102.10-2 states: At least six (6) Election Board members shall

sign the election totals, which shall include the tape signed by the members of the

Nation before the polls were opened per section 102.9-3.

The Election Board has not received any applications for the Alternate position, we will

be reaching out to the people that were alternates for the 2022 Special Election as well.

Then there are tentatively three (3) Board member that will have recuse themselves.

Request

In preparation for the July 15, 2023 General Election, the Election Board is respectfully

requesting the following emergency amendment to the Election Law:



Reduce the number of Oneida Election Board members who are required to sign

the election totals on machine counted ballots from six (6) to three (3).

Please let us know if any questions or concerns.

Yaw^ko

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

18 of 18

February 2023

February 2023

March 2023

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MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Jan 30

31

Feb 1

2

3

8:30am LOC Prep

(Microsoft Teams

Meeting;

BC_Conf_Room) 9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

9:00am Gift Card Law

work meeting

(Microsoft Teams

Meeting) - Carolyn A.

Salutz

6

7

8

9

10

13

14

15

16

17

11:00am Workplace

Violence law

amendments work

11:00am Workplace

Violence law

amendments work

1:00pm Investigative

Leave Policy

l

l]

20

8:30am LOC Prep

(Microsoft Teams

Meeting;

9:00am Legislative

Operating Committee

Meeting (Microsoft

12:15pm PUBLIC

MEETING: Drug and

I

I

I

21

22

23

10:00am Clean Air Policy

Amendments

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

27

LOC

10:30am Investigative

Leave (Microsoft

Teams Meeting) Grace L. Elliott

10:30am Investigative

Leave (Microsoft

Teams Meeting) Grace L. Elliott

24

1:30pm Back Pay Law

Amendments

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

28

Mar 1

2

1

3

2/10/2023 10:25 AM