# Oneida Business Committee (2023)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A32f106a6d257b4ed

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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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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ONEIDA

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

=DODDOO

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

~
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

~
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

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28

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

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A32f106a6d257b4ed. Public record. Not legal advice.