Oneida Business Committee (2025)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
September 3, 2025
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. August 20, 2025 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Independent Contractor Law Amendments (pg. 4)
2. Workplace Violence Law Amendments (pg. 20)
3. Public Use of Tribal Land Law Amendments (pg. 51)
4. Sanctions and Penalties Law (pg. 74)
5. Oneida Personnel Policies and Procedures Amendments (pg. 126)
6. Higher Education Scholarship Law (pg. 136)
7. Real Property Law Amendments (pg.144)
IV.
New Submissions
1. Business Committee Employment Restriction Non-Compete Agreement and Policy (pg. 167)
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
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Oneida Business Committee
Legislative Operating Committee
OODDDO
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
August 20, 2025
9:00 a.m.
Present: Jameson Wilson (Microsoft Teams), Marlon Skenandore, Kirby Metoxen
Excused: Jonas Hill, Jennifer Webster
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: David Jordan, Eric Boulanger, Melissa Alvarado, Rhiannon
Metoxen, Fawn Cottrell, Peggy Helm-Quest, Fawn Billie, Sarah White, Taryn Webster, Tavia
James-Charles, Kaylynn Biely, Linda Dallas, Ralinda Ninham-Lamberies, Brandon Yellowbird
Stevens, Kristal Hill, Diane Wilson, Mae Cornelius, Barbara Webster, Joel Maxam, Shannon Stone
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the August 20, 2025, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marlon Skenandore to adopt the agenda; seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
1. August 6, 2025 LOC Meeting Minutes
Motion by Marlon Skenandore to approve the August 6, 2025 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Independent Contractor Law Amendments
Motion by Marlon Skenandore to approve and accept the updated draft, approve and accept
the legislative analysis, and direct the Legislative Reference Office to schedule a public
meeting; seconded by Kirby Metoxen. Motion carried unanimously.
2. Workplace Violence Law Amendments
Motion by Kirby Metoxen to approve the updated draft, approve the legislative analysis,
and direct the Legislative Reference Office to schedule a public meeting; seconded by
Marlon Skenandore. Motion carried unanimously.
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GOOOQO;
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of August 20, 2025
Page 1 of 2
ONEIDA
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3. Public Use of Tribal Land Law Amendments
Motion by Kirby Metoxen to approve the draft of amendments to the Public Use of Tribal
Land law amendments; seconded by Marlon Skenandore. Motion carried unanimously.
IV.
New Submissions
1. Disposition of Excess Tribal Property Policy Amendments or Repeal
Motion by Kirby Metoxen to add the Disposition of Excess Tribal Property Policy
Amendments or Repeal to the Active Files List with Marlon Skenandore as the sponsor;
seconded by Marlon Skenandore. Motion carried unanimously.
2. Child Custody, Placement, and Visitation Law Amendments
Motion by Marlon Skenandore to add the Child Custody, Placement, and Visitation Law
Amendments to the Active Files List with Jameson Wilson as the sponsor; seconded by
Kirby Metoxen. Motion carried unanimously.
V.
Additions
VI.
Administrative Updates
1. E-Poll Results: Approval of the LOC FY25 Third Quarter Report
Motion by Marlon Skenandore to enter into the record the results of the August 7, 2025, epoll entitled, Approval of the LOC FY25 Third Quarter Report; seconded by Kirby
Metoxen. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Marlon Skenandore to adjourn at 9:23 a.m.; seconded by Kirby Metoxen.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of August 20, 2025
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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
September 3, 2025
Independent Contractors
Submission Date: 6/19/24
LOC Sponsor: Jonas Hill
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on June 19, 2024, at the request of RaLinda NinhamLamberies, the Nation’s Chief Financial Officer. Amendments are being sought to update the law,
specifically sections 503.5-1 and 503.5-2 to ensure the Nation is adequately reporting any independent
contractor relationships to the IRS.
6/19/24 LOC: Motion by Kirby Metoxen to add the Independent Contractor Policy Amendments to the
Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion
carried unanimously.
9/16/24:
Work Meeting. Present: Jonas Hill, Kirby Metoxen, Fawn Cottrell, Fawn Billie, Kristal Hill,
Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Tonya Webster, Marque
Smith, Thomas Eggert, Carolyn Salutz, Clorissa Leeman. The purpose of this work meeting
was to review the changes to the law the LRO currently has; it’s been since 2017 that our
office has worked on amendments. Carolyn specifically wanted to review section 503.5.
Most concerns focused on establishing requirements for independent contractors to correctly
report/license/contract and how to ensure and require proper classification for the Nation to
reduce liability and tax penalties.
11/08/24:
Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi
Janowski, Marques Smith, Thomas Eggert, Jameson Wilson, Jennifer Webster, Marlon
Skenandore, Kristal Hill, Maureen Perkins, Carolyn Salutz. The purpose of this work meeting
was to continue reviewing the draft. We did a line-by-line review of the entire draft. Ralinda
mentioned that the IRS just came out with guidance about independent contractor
classification and about board members no longer being classified/considered employees and
now being independent contractors. It was mentioned that this change might warrant its own
meeting to discuss implications. Mentioned that some independent contractors do use their
individual SSN, like doctors. (Carolyn will have to research that) Other than that, minor
changes were discussed, like wording and numbering.
1/23/25:
Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi
Janowski, Tonya Webster, Alexandria Powless, Marques Smith, Kong Meng Moa, Thomas
Eggert, Beth Schirck Smith, Jameson Wilson, Jennifer Webster, Kristal Hill, Maureen
Perkins, Fawn Billie, Carolyn Salutz. The purpose of this meeting was to review the newest
amendments; the law is short; we did a line-by-line review. Sarah and Ralinda gave the most
suggestions, and mentioned they will send written suggestions. Once Carolyn gets those
written suggestions, she’ll make those changes and then schedule the next work meeting.
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4/29/25:
Work Meeting. Present: Stephani Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi
Janowski, Tonya Webster, Marque Smith, Kong Meng Moa, Thomas Eggert, Beth Schirck
Smith, Jameson Wilson, Jennifer Webster, Kristal Hill, Carolyn Salutz, Clorissa Leeman. The
purpose of this meeting is to review the latest draft. We did a line-by-line review and then
discussed some sections. Most discussion was around conflict of interest and when an
employee may not be hired as an independent contractor.
6/20/25:
Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Tonya
Webster, Marques Smith, Kong Meng Moa, Thomas Eggert, Beth Schirck Smith, Jameson
Wilson, Kirby Metoxen, Marlon Skenandore, Kristal Hill, Carolyn Salutz. The purpose of
this work meeting was to review the latest draft. We did a read-through, noting the only
change that was made since the last work meeting, which starts on line 145. It was mentioned
that the order of approval needs to be changed. Right now, under section 503.7, the law has:
insurance, contract, purchase order, tax ID, vendor license. The correct order should be
license, insurance, tax ID, purchase order, contract. There was brief discussion about
insurance approval requirements, but nothing that needs to be or should be addressed in this
law. In lines 145-150 “department” should be changed to “division.” No other suggestions
were made.
7/31/25:
Work Meeting. Present: Sarah White, Marques Smith, Kong Meng Moa, Thomas Eggert,
Sarah Miller Jessica King, Alexandria Powless, Heidi Janowski, Jameson Wilson, Marlon
Skenandore, Kirby Metoxen, Fawn Cottrell, Carolyn Salutz. The purpose of this work
meeting was for the LOC to do one final read-through with the group and approve a final
draft. Group did complete a read-through. Carolyn needs to make a few grammatical changes
and correct section numbers. Sarah White also had a suggestion on line 121-122 and will
send Carolyn suggested language. Once Carolyn can make these final changes, ideally be
tomorrow (Friday, 8/1/25), we can add the draft to the LOC’s next meeting on 8/6.
8/12/25:
Memo to LOC. On Tuesday, August 12, 2025, the LOC received a memo from Law Office
attorney Peggy Van Gheem with some suggestions for edits to the draft. On August 13, 2025,
the drafting attorney, Carolyn Salutz, incorporated those edits.
8/20/25 LOC: Motion by Marlon Skenandore to approve and accept the updated draft, approve and accept
the legislative analysis, and direct the Legislative Reference Office to schedule a public
meeting; seconded by Kirby Metoxen. Motion carried unanimously.
Next Steps:
▪ Accept the public meeting packet and schedule and hold a public meeting on October 15, 2025.
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A good mind. A good heart. A strong fire.
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ONEIDA
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ONEIDA NATION PUBLIC MEETING NOTICE
WEDNESDAY, OCTOBER 15, 2025, 12:15 pm
Find Public MeeƟng Materials at
Oneida‐nsn.gov/government/register/public mee ngs
Send Public Comments to
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
LOC@oneidana on.org
Ask QuesƟons here
LOC@oneidana on.org
920‐869‐4417
INDEPENDENT CONTRACTORS LAW AMENDMENTS
The purpose of the Independent Contractors law is to require proper worker classification to
ensure the Nation’s compliance with tax regulations.
The Independent Contractors law amendments will:
Clarify in the definitions what it means to qualify as an “employee” versus an
“independent contractor.”
Clarify in the definitions what it means to have the “scope of work,” including updated
definitions of “deliverables” and “services.”
Require the Nation to categorize all workers as either an “employee” or “independent
contractor” according to guidance issued from the U.S. Department of Labor, the U.S,
Internal Revenue Service and according to the Fair Labor Standards Act.
Clarify the approval requirements for an independent contractor, including the contract,
purchase order, vendor license, and tax identification number.
Clarify “conflict of interest.” It will no longer be a conflict of interest for the Nation to
hire an employee as an independent contractor if it is within a different division than the
division in which the employee works, even if the work the employee would be providing as an independent contractor is substantially similar to the work they do as an employee.
Individuals may attend the public meeting for the proposed Independent Contractors law
amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you
wish to attend the public meeting through Microsoft Teams please contact
LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, OCTOBER 22, 2025
During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed Independent Contractor law amendments please review the public
meeting packet at oneida-nsn.gov/government/register/public meetings.
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Analysis 2 to Draft 2 – PM Draft
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INDEPENDENT CONTRACTORS
LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Legislation or
Amendments
▪
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▪
▪
▪
▪
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Rename the law from “Independent Contractor Policy” to “Independent
Contractors.” [5 O.C. 503].
Clarify the purpose of this law is to require the Nation to properly classify its
workers for compliance with tax regulations. [5 O.C. 503.1-1].
Clarify in the definitions what it means to be an “employee” versus an
“independent contractor.” [5 O.C. 503.3-1(b); 503.3-1(d)].
Clarify in the definitions what it means to have the “scope of work,” including
updated definitions of “deliverables” and “services.” [5 O.C. 503.3-1(f); 5
O.C. 503.3-1(a); 5 O.C. 503.3-1(g)].
Add in a requirement that the Nation must categorize all workers as either an
employee or independent contractor according to guidance issued from the
U.S Department of Labor, the U.S Internal Revenue Service and according to
the Fair Labor Standards Act. [5 O.C. 503.4].
Clarify the approval requirements for an independent contractor; including,
contract, purchase order, vendor license, and tax identification number. [5
O.C. 503.6].
Clarify what constitutes a conflict of interest. It will not be a conflict of
interest for the Nation to hire an employee as an independent contractor if it is
within a different division than the division in which the employee works,
even if the work the employee would be providing as an independent
contractor is substantially similar to the work they do as an employee. [5 O.C.
503.7].
Various grammatical changes and other minor changes throughout the law.
Purpose
The purpose of this law is to require proper worker classification to ensure the
Nation’s compliance with tax regulations. [5 O.C. 503.1-1].
Affected Entities
The Nation’s Finance Department, Purchasing Department, Licensing Department,
Risk Management Department, Oneida Law Office, all Oneida Nation employees,
and all current and future independent contractors for the Nation.
Related Legislation
Oneida Vendor Licensing law, Conflict of Interest, Indian Preference in
Contracting law, Fair Labor Standards Act.
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Analysis 2 to Draft 2 – PM Draft
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Enforcement
The Independent Contractors law requires the Nation to classify all workers as
either an employee or an independent contractor. [5 O.C. 503.4]. The law also
requires the Oneida Law Office to review and approve the contract for services;
making sure the Nation has not waived sovereign immunity, worker classification
is correct, and the contract sufficiently protects the Nation, and describes the
scope of work. [5 O.C. 503.5-3].
The law further specifies the approval requirements for any independent
contractor. [5 O.C. 503.6].
Due Process
The Independent Contractors law requires the Oneida Law Office, the Oneida
Purchasing Department, and the Oneida Risk Management Department to assist an
independent contractor in executing a contract, obtaining a vendor license, if
necessary, verifying insurance, and submitting appropriate tax information. [5 O.C.
503.6].
Public Meeting
A public meeting has not yet been held.
Fiscal Impact
A fiscal impact statement prepared in accordance with the Legislative Procedures
Act has not been requested.
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SECTION 2. LEGISLATIVE DEVELOPMENT
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SECTION 3. CONSULTATION AND OUTREACH
A. Background. The Independent Contractor Policy was originally adopted by the Oneida Business
Committee on July 27, 1994, by motion. The Oneida Business Committee adopted emergency
amendments on February 15, 1995, through resolution BC-2-15-95-A; on July 5, 1995, through
resolution BC-7-5-95-B; on April 25, 2012, through resolution BC-04-25-12-E and extended those
emergency amendments on October 10, 2012, through resolution BC-10-10-12-B. The Oneida
Business Committee adopted amendments on February 27, 2013, through resolution BC-02-27-13-A.
B. Request for Amendments. This item was added to the Active Files List on June 19, 2024, at the request
of RaLinda Ninham-Lamberies, the Nation’s Chief Financial Officer to ensure the Nation is adequately
reporting to the U.S Internal Revenue Service any independent contractor relationships. The sponsor
of the Independent Contractors law amendments is Councilman Jonas Hill.
▪
•
Representatives from the following departments participated in the development of the amendments to
this Law:
▪ Finance Department;
▪ Purchasing Department;
▪ Licensing Department;
▪ Risk Management Department; and
▪ Oneida Law Office.
The following laws and policies of the Nation were reviewed in the drafting of this analysis:
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▪ Vendor Licensing law [5 O.C. 506];
▪ Indian Preference in Contracting law; [5 O.C 502]; and
▪ Conflict of Interest law [2 O.C 217].
The following laws and policies of the United States were reviewed in the drafting of this analysis:
▪ The Fair Labor Standards Act [29 U.S.C §201-219];
▪ United States Department of Labor guidance, “Employee or Independent Contractor
Classification Under the Fair Labor Standards Act” [29 C.F.R 795]; and
▪ United States Internal Revenue Service guidance. [IRS, Independent contractor (selfemployed) or employee? (June 20, 2025, 10:00 AM), https://www.irs.gov/businesses/smallbusinesses-self-employed/independent-contractor-self-employed-or-employee].
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On June 19, 2024, the Legislative Operating Committee added this Law to its Active Files List
for amendments this legislative term an appointed Councilman Jonas Hill as the sponsor.
▪ On August 6, 2025, the Legislative Operating Committee approved the draft of the Independent
Contractor Policy amendments and directed that a legislative analysis be developed.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ September 16, 2024: LOC work meeting with the Finance Department, Indian Preference
Department, Purchasing Department, and Licensing Department;
▪ November 8, 2024: LOC work meeting with Finance Department and Purchasing Department;
▪ January 23, 2025: LOC work meeting with Finance Department, Purchasing Department, and
Licensing Department;
▪ April 29, 2025: LOC work meeting with Finance Department, Indian Preference Department,
Purchasing Department, and Licensing Department;
▪ June 20, 2025: LOC work meeting with Finance Department, Indian Preference Department,
Purchasing Department, and Licensing Department;
▪ July 31, 2025: LOC work meeting with the Finance Department and Purchasing Department
where the LOC informally approved the final draft.
A. Purpose of the Law. The proposed amendments to the Law clarify it is the purpose of this law to
require the Nation to properly classify its workers for compliance with tax regulations. [5 O.C. 503.11].
▪ Effect. The proposed amendments clarify that the Nation will classify all workers as either
employees or independent contractors for compliance with Federal law and tax regulations.
B. Redefining “employee” and “independent contractor” and clarifying “Worker Classification.” The
proposed amendments require the Nation to follow Federal law and guidance issued from the U.S.
Department of Labor and the U.S. Internal Revenue Service when classifying a worker as either an
employee or an independent contractor. [5 O.C. 503.3-1(b); 503-1(d); 503.4].
▪ Effect. The proposed amendments make clear that the Nation is required to follow Federal law
and can use the most recent guidance from the U.S. Department of Labor and the U.S. Internal
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Revenue Service when classifying a worker as either an employee or an independent contractor.
It is easier for the Nation to reference Federal law and guidance because it changes so often.
C. Clarifying the “Form of Contract.” The proposed amendments clarify the requirements for the Nation
to approve a contract with an independent contractor. The proposed amendments clarify that all
contracts between the Nation and an independent contractor must meet the requirements of this law;
which means all contracts: must not waive sovereign immunity; must accurately classify an
independent contractor according to Federal law and Federal guidance; and must adequately protect the
Nation’s assets. [5 O.C. 503.5].
▪ Effect. This proposed amendment clarifies that for an independent contractor to begin work for
the Nation, the Nation and the independent contractor must execute a contract for services that
meets the needs of Nation.
D. Redefining approval requirements. The proposed amendments clarify the approval requirements
between the Nation and an independent contractor. [5 O.C. 503.6].
▪ Effect. These proposed amendments clarify what is needed for the Nation to approve the work
of an independent contractor; making it easier for the Nation and all independent contractors
to identify what is needed.
E. Clarifying Conflict of Interest. The proposed amendments clarify that even if the scope of work an
independent contractor would provide is related to the work that the independent contract performs for
the Nation as an employee, the Nation can still hire that employee as an independent contractor in a
different division than the division in which that independent contractor works as an employee. [5 O.C.
503.7].
▪ Effect. This proposed amendment allows the Nation to contract with employees but still
protects the Nation by requiring any employee that may be hired as an independent contractor,
be hired in a different division from the division where that independent contractor works as
an employee.
F. Other amendments. Overall, a variety of other amendments and revisions were made to the law to
address formatting, drafting style, and organization that did not affect the substance of the law.
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SECTION 6. EXISTING LEGISLATION
A. Related legislation. The following laws and policy of the Nation are related to the proposed
amendments to this law:
▪ Vendor Licensing. The Vendor Licensing law is currently being amended by the Legislative
Operating Committee. One proposed amendment is to change the purpose of the Vendor
Licensing law. Currently, “[t]he purpose of the Vendor Licensing law is to regulate and license
all vendors who provide a service for and do business with the Oneida Nation and provide
revenue for the Nation by collecting fees from vendors for a license to perform a service for or
do business with the Nation.” [5 O.C. 506.1-1]. The proposed amendments make the purpose
of the Vendor Licensing law to regulate and license vendors who provide deliverables or
services for and do business with the Oneida Nation and ensure the Nation’s safety, regulate
compliance, minimize risk, and protect the Nation’s assets. [5 O.C. 506.1-1].
▪ According to the Vendor Licensing law, any vendor that is not exempt from
obtaining a vendor license must follow certain procedures. [5 O.C 506.5].
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To obtain a new vendor license a vendor must demonstrate adequate insurance
coverage, must complete a Cyber Security Risk Assessment and Technology
Assessment. [5 O.C 506.5-2; 5 O.C 506.5-3].
▪ The proposed amendments to the Vendor Licensing law would no longer require
a vendor to pay a licensing fee. Currently, the law requires a fee for new vendor
license applications and renewal applications. [5 O.C 506.6].
▪ The proposed amendments to the Independent Contractors law align with the
proposed amendments and the current version of the Vendor Licensing law by
incorporating the requirements of obtaining a vendor license into the requirements
of being contracted as an independent contractor for the Nation. [5 O.C 503.6].
Indian Preference in Contracting. The purpose of this law is to establish an Indian Preference
Office and increase economic benefits for the Nation and members of the Nation by providing
for the maximum utilization of Indian workers and businesses on projects of the Nation which
occur on or near the Reservation. [5 O.C. 502.1].
▪ This law expects the Nation to apply Indian preference fairly in all situations and
to ensure that all entities that execute contracts with the Nation utilize a labor force
of Indian workers and businesses. [5 O.C 502.1-2].
▪ The proposed amendments to the Independent Contractor Policy align with the
Indian Preference in Contracting law by still allowing the Nation to utilize Indian
preference in contracting but clarifying that even if there is only one independent
contractor available and even if that independent contractor qualifies for Indian
preference, the Nation still may not hire that independent contractor to perform the
same work in the same division in which that independent contractor already works
for the Nation as an employee. [5 O.C. 503.7-1(b)(2)].
Conflict of Interest. The Conflict of Interest law is currently being amended by the
Legislative Operating Committee. Currently, “[t]he purpose of this law is for the Nation to
ensure that all employees, contractors, elected officials, political appointees, appointed and
elected members and all others who may have access to information or materials that are
confidential or may be used by competitors of the Nation’s enterprises or interests be subject
to specific limitations to which such information and materials may be used in order to
protect the interests of the Nation.” [2 O.C. 217.1-1]. The proposed amendments clarify who
this law applies to and makes the purpose of the Conflict of Interest law to “ensure that all
employees or contractors who have access to information or materials that are confidential or
may be used by competitors of the Nation’s enterprises or interests be subject to specific
limitations to which such information and materials may be used in order to protect the
interests of the Nation.” [2 O.C. 217.1-1].
▪ According to the Conflict of Interest law there is a presumed conflict of interest
any time an employee of the Nation seeks to contract with the Nation. [2 O.C.
217.5-1].
▪ The Conflict of Interest law prohibits an employee from contracting with the
Nation as an independent contractor within the same scope for which they are
employed by the Nation. [2 O.C. 217.5-4(a)].
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▪
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▪
The Conflict of Interest law further prohibits an employee from contracting with
the Nation as an independent contractor within the same divisional budget for
which the employee is employed by the Nation. [2 O.C. 217.5-4(b)].
However, the Legislative Operating Committee is currently amending the
Conflict of Interest law to remove this prohibition and allow the Nation to hire
employees as independent contractors within the same scope for which they are
employed as an employee but only if it is within a different division. [2 O.C.
217.5-4(a)].
The proposed amendments to the Independent Contractors law align with the
proposed amendments to the Conflict of Interest law and reflect the Nation’s
desire to allow employees to work for the Nation as independent contractors
while still protecting the Nation and avoiding conflicts of interest. [2 O.C. 217.54(a); 217.5-4(b)].
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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY
A. The proposed amendments make it clearer the Nation is responsible for properly classifying its workers
and what Federal guidance the Nation should follow to properly classify its workers. [5 O.C. 503.4].
B. The proposed amendments clarify all information the Nation must obtain in order to properly contract
with an independent contractor. [5 O.C. 503.6].
C. The proposed amendments require the Nation to properly classify a worker as an independent
contractor, properly execute a contract for scope of work, and meet all approval requirements before
an independent begins working for the Nation. [5 O. C. 503.5; 503.5-6].
D. The proposed amendments, in conjunction with the proposed amendments to the Conflict of Interest
law, clarify that there will be no conflict of interest for the Nation to hire an employee as an independent
contractor in a different division from the division in which the employee works, even if the contracted
scope of work is similar to the work the employee does for the Nation. [5 O.C. 503.7-1(b)(2)].
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SECTION 8. OTHER CONSIDERATIONS
Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A
titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides
further clarification on who the Legislative Operating Committee may direct to complete a fiscal impact
statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact
statement.
▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be
completed.
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Title 5. Business – Chapter 503
INDEPENDENT CONTRACTOR POLICY CONTRACTORS
503.1. Purpose and Policy
503.2. Adoption, Amendment, Repeal
503.3. Definitions
503.4. Application
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503.45. Worker Classification
503.56 Form of Contract
503.67 Approval Requirements
503.7 Conflict of Interest
503.1. Purpose and Policy
503.1-1. Purpose. The purpose of this Independent Contractor Policylaw is to require proper
worker classification to ensure the Nation’s compliance with tax regulations. regulate the hiring
of persons to complete work in order to minimize the costs of Independent Contractors.
503.1-2. Policy.
(a) It is the policy of the TribeNation to utilize Native American businesses to complete
work that the TribeNation is unable to complete through use of its own employees. All
programs, enterprises, and government agencies are encouraged to seek within their own
employees those with expertise in any matter before going to independent contractors.
(b) It is further the policy of the TribeNation that the order of preference, as set out in the
Tribe’sNation’s Indian Preference Law, be used in the selection of independent contractors
and in accordance with this law.
503.2. Adoption, Amendment, Repeal
503.2-1. This policylaw was adopted by motion of the Oneida Business Committee by motion on
July 27, 1994, and was amended by resolution BC-02-27-13-A.
503.2-2. This policylaw may be amended pursuant to the procedures set out in Tribal lawor
repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the
procedures set out in the Legislative Procedures Act.
503.2-3. Should a provision of this policylaw or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this policylaw
which are considered to have legal force without the invalid portions.
503.2-4. In the event of a conflict between a provision of this policylaw and a provision of another
policylaw, the provisions of this policylaw shall control.
503.2-5. This policylaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
503.3. Definitions
503.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Deliverable” means quantifiable goods and tangible or intangible products to be
provided upon the completion of a project. an object with specified content and format and
must be adequately described as to final content.
(b) “Employee” means any individual who would qualify as an ‘employee’ of the Nation
according to the Fair Labor Standards Act and the most current guidance issued from the
U.S. Department of Labor and the U.S. Internal Revenue Service. is employed by the Tribe
and is subject to the direction and control of the Tribe with respect to the material details
of the work performed, or who has the status of an employee under the usual common law
rules applicable to determining the employer-employee relationship. “Employee” includes,
5 O.C. 503 – Page 1
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but is not limited to, individuals employed by any program or enterprise of the Tribe, but
does not include elected or appointed officials or individuals employed by a Tribally
Chartered Corporation. For purposes of this policy law, individuals employed under an
employment contract as a limited term employee are employees of the Tribe Nation, not
consulted independent contractors.ants.
(c) “Employee-owned business entity” means a for-profit business which is majority
owned and managed by an individual who is employed as an employee by the Tribe.
Nation. An eEmployee-owned business entity includes, but is not limited to, a partnership,
corporation, or limited liability company.
(d) “Independent contractor” means an individual who would qualify as an ‘independent
contractor’ for the Nation according to the Fair Labor Standards Act and the most current
guidance issued from the U.S. Department of Labor and the U.S. Internal Revenue Service.
receives payments for services or deliverables, and who receives any tax reporting form
other than a W-2 at the end of a taxable year.
(e) “Nation” means the Oneida Nation.
(f) “Scope of work” means the total deliverables or services to be performed by an
independent contractor upon completion of the work the independent contractor was hired
to complete.
(g) “Service” means an action performed by an independent contractor and must be
adequately described as to the actions that will be taken and the final result of those actions
taken. (f) “Tribal” or “Tribe” means the Oneida Tribe of Indians of Wisconsin.
503.4 Worker Classification
503.4-1. The Nation must classify a worker as either an employee or an independent contractor
according to the Fair Labor Standards Act and should use the most current guidance issued from
the U.S. Department of Labor and the U.S. Internal Revenue Service.
503.56. Form of Contract
503.56-1. All contracts with the TribeNation shall be in a the format approved by the Oneida Law
Office. All departments, programs, enterprises, and other agencies of the TribeNation shall use
Oneida Law Office-approved contracts.
503.56-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida
Purchasing Department. An approved purchase order is required prior to execution of a contract.
before being executed.
503.56-3. At a minimum, the Oneida Law Office review shall verify consist of the following: (a)
verification that:
(a) sovereign immunity has not been waived;
verification that Independent Contractor
(b) worker classification, according to the most recent guidance from the U.S Department
of Labor and the U.S. Internal Revenue Service, is accurate; and status has not been
violated; and verification that
(c) the content of the contract meets the legal needs for the protection of Tribalthe Nation’s
assets, and adequately describesption of services the scope of work, payment, and other
similar items.
5 O.C. 503 – Page 2
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503.67. Approval Requirements
503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review
and approve a contract according to the requirements of section 503.5 of this law.
503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on
the approved contract in accordance with the Oneida Nation procurement sign-off authority.
503.6-3. Vendor License. Unless an independent contractor is exempted from the requirements of
obtaining a vendor license, the independent contractor will be issued a vendor license, subject to
any other requirements of the Nation’s Vendor Licensing law.
503.6-4. Insurance. Before the independent contractor performs any work, the independent
contractor must demonstrate proof of appropriate and adequate insurance coverage.
(a) What constitutes appropriate and adequate insurance coverage will be determined by
the Nation’s Risk Management Department and will be based upon the scope of work.
503.6-5. Tax Identification. Before an independent contractor begins work, they are required to
submit tax identification information to the Nation through one of following:
(a) Employer Identification Number.
(b) Social Security Number. If an independent contractor operates a sole proprietorship,
their default tax identification number may be their social security number.
(c) Taxpayer Identification Number. If an independent contractor operates a sole
proprietorship and is not eligible for a social security number.
503.6-6. Release of liability. An independent contractor may not begin work until a contract is
executed according to the requirements of section 503.5 of this law and all other approval
requirements of section 503.6 are met. If an independent contractor begins work before the
requirements of section 503.5 and 503.6 are met, the Nation is released of potential liability.
503.7. Conflict of Interest
503.7-1. The TribeNation may hire an individual who is alsocontract with an employee or an
employee-owned business entity of the Tribe as an independent contractor, if:
(a) all requirements of section 503.6 of this law are met;
(b) the work services performed by the individual as an employee of the Tribe are not
related to the services is not related to the scope of work to be provided by the individual
as an independent contractor;
(1) even if the employee qualifies for Indian preference as an independent
contractor; and even if the employee were the only independent contractor who
would qualify for Indian preference, this requirement still applies;
(2) if the work performed by the employee does relate to the scope of work the
employee or the employee-owned business entity would provide the Nation as an
independent contractor, the Nation may still contract with that employee or
employee-owned business entity as long as the Nation contracts with that employee
or employee-owned business entity as an independent contractor in a different
division than the division in which the employee works;
(c) there is no relation between the wages paid to the individual as an employee of the Tribe
and the compensation received by the individual for the scope of work services to be
provided as an independent contractor;
(d) the individual is engaged in an independent trade, business, or profession that is
traditionally pursued by an independent contractor, and the scope of work services to be
provided by the individual as an independent contractor relates to such trade, business, or
5 O.C. 503 – Page 3
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profession, and the Nation has no significant investment in that business entity; and (d) the
individual offers services as an Independent Contractor in such trade, business or
profession to the general public.
(e) the individual offers services or deliverables as an independent contractor in such trade,
business, or profession to the public.
503.7-6. The Tribe may engage an employee-owned business entity as an independent contractor
if the following conditions are met:
(a) the employee-owned business entity has a valid Tax Identification Number which is
different than the employee’s Social Security number.
(b) the Tribe has no right to direct or control the employees of the employee-owned
business entity; and
(c) all payments for independent contractor services are made directly to the employeeowned business entity, not to an individual.
End.
Adopted - 7-27-94, motion
Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7 )
Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7 )
Emergency Amended – BC-04-25-12-E
Emergency Extension Amended – BC-10-10-12-B
Amended – BC-02-27-13-A
5 O.C. 503 – Page 4
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Title 5. Business – Chapter 503
INDEPENDENT CONTRACTORS
503.1. Purpose and Policy
503.2. Adoption, Amendment, Repeal
503.3. Definitions
503.4. Worker Classification
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503.5 Form of Contract
503.6 Approval Requirements
503.7 Conflict of Interest
503.1. Purpose and Policy
503.1-1. Purpose. The purpose of this law is to require proper worker classification to ensure the
Nation’s compliance with tax regulations.
503.1-2. Policy.
(a) It is the policy of the Nation to utilize Native American businesses to complete work
that the Nation is unable to complete through use of its own employees. All programs,
enterprises, and government agencies are encouraged to seek within their own employees
those with expertise in any matter before going to independent contractors.
(b) It is further the policy of the Nation that the order of preference, as set out in the
Nation’s Indian Preference Law, be used in the selection of independent contractors and in
accordance with this law.
503.2. Adoption, Amendment, Repeal
503.2-1. This law was adopted by the Oneida Business Committee by motion on July 27, 1994,
and amended by resolution BC-02-27-13-A.
503.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
503.2-3. 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.
503.2-4. 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.
503.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
503.3. Definitions
503.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Deliverable” means quantifiable goods and tangible or intangible products to be
provided upon the completion of a project.
(b) “Employee” means any individual who would qualify as an ‘employee’ of the Nation
according to the Fair Labor Standards Act and the most current guidance issued from the
U.S. Department of Labor and the U.S. Internal Revenue Service. “Employee” does not
include elected or appointed officials. For purposes of this law, individuals employed under
an employment contract as a limited term employee are employees of the Nation, not
consulted independent contractors.
(c) “Employee-owned business entity” means a business which is majority owned and
managed by an individual who is employed as an employee by the Nation. An employeeowned business entity includes, but is not limited to, a partnership, corporation, or limited
liability company.
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(d) “Independent contractor” means an individual who would qualify as an ‘independent
contractor’ for the Nation according to the Fair Labor Standards Act and the most current
guidance issued from the U.S. Department of Labor and the U.S. Internal Revenue Service.
(e) “Nation” means the Oneida Nation.
(f) “Scope of work” means the total deliverables or services to be performed by an
independent contractor upon completion of the work the independent contractor was hired
to complete.
(g) “Service” means an action performed by an independent contractor and must be
adequately described as to the actions that will be taken and the final result of those actions.
503.4 Worker Classification
503.4-1. The Nation must classify a worker as either an employee or an independent contractor
according to the Fair Labor Standards Act and should use the most current guidance issued from
the U.S. Department of Labor and the U.S. Internal Revenue Service.
503.5. Form of Contract
503.5-1. All contracts with the Nation shall be in a format approved by the Oneida Law Office.
All departments, programs, enterprises, and other agencies of the Nation shall use Oneida Law
Office-approved contracts.
503.5-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida
Purchasing Department. An approved purchase order is required prior to execution of a contract.
503.5-3. At a minimum, the Oneida Law Office shall verify:
(a) sovereign immunity has not been waived;
(b) worker classification, according to the most recent guidance from the U.S Department
of Labor and the U.S. Internal Revenue Service, is accurate; and
(c) the content of the contract meets the legal needs for the protection of the Nation’s assets
and adequately describes the scope of work, payment, and other similar items.
503.6. Approval Requirements
503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review
and approve a contract according to the requirements of section 503.5 of this law.
503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on
the approved contract in accordance with the Oneida Nation procurement sign-off authority.
503.6-3. Vendor License. Unless an independent contractor is exempted from the requirements of
obtaining a vendor license, the independent contractor will be issued a vendor license, subject to
any other requirements of the Nation’s Vendor Licensing law.
503.6-4. Insurance. Before the independent contractor performs any work, the independent
contractor must demonstrate proof of appropriate and adequate insurance coverage.
(a) What constitutes appropriate and adequate insurance coverage will be determined by
the Nation’s Risk Management Department and will be based upon the scope of work.
503.6-5. Tax Identification. Before an independent contractor begins work, they are required to
submit tax identification information to the Nation through one of following:
(a) Employer Identification Number.
(b) Social Security Number. If an independent contractor operates a sole proprietorship,
their default tax identification number may be their social security number.
5 O.C. 503 – Page 2
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(c) Taxpayer Identification Number. If an independent contractor operates a sole
proprietorship and is not eligible for a social security number.
503.6-6. Release of liability. An independent contractor may not begin work until a contract is
executed according to the requirements of section 503.5 of this law and all other approval
requirements of section 503.6 are met. If an independent contractor begins work before the
requirements of section 503.5 and 503.6 are met, the Nation is released of potential liability.
503.7. Conflict of Interest
503.7-1. The Nation may contract with an employee or an employee-owned business entity as an
independent contractor if
(a) all requirements of section 503.6 of this law are met;
(b) the work performed by the individual as an employee is not related to the scope of work
to be provided as an independent contractor;
(1) even if the employee qualifies for Indian preference as an independent
contractor; and even if the employee were the only independent contractor who
would qualify for Indian preference, this requirement still applies;
(2) if the work performed by the employee does relate to the scope of work the
employee or the employee-owned business entity would provide the Nation as an
independent contractor, the Nation may still contract with that employee or
employee-owned business entity as long as the Nation contracts with that employee
or employee-owned business entity as an independent contractor in a different
division than the division in which the employee works;
(c) there is no relation between the wages paid to the individual as an employee and the
compensation received by the individual for the scope of work to be provided as an
independent contractor;
(d) the individual is engaged in an independent trade, business, or profession that is
traditionally pursued by an independent contractor, the scope of work to be provided by
the individual as an independent contractor relates to such trade, business, or profession,
and the Nation has no significant investment in that business entity; and
(e) the individual offers services or deliverables as an independent contractor in such trade,
business, or profession to the public.
End.
Adopted - 7-27-94, motion
Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7)
Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7)
Emergency Amended – BC-04-25-12-E
Emergency Extension Amended – BC-10-10-12-B
Amended – BC-02-27-13-A
5 O.C. 503 – Page 3
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\.
=DODDDD=
ONEIDA
Legislative Operating Committee
September 3, 2025
Workplace Violence
Submission Date: 2/6/19
LOC Sponsor: Jennifer Webster
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was carried over from the last two (2) terms. This request for amendments to the
Workplace Violence law was added to the AFL in February 2019 upon request of the Nation’s Human
Resources Department. The Nation’s Human Resources Department requested amendments to the
Workplace Violence law to address investigative enforcement. Amendments are being sought to delegate
authority to investigators to put employees on investigative leave, and discipline employees. An amendment
was also sought so that if terminated, an employee would be ineligible for employment with the Nation but
may request forgiveness after five (5) years. This item was added to the AFL in conjunctions with a request
for amendments to the Oneida Personnel Policies and Procedures and the Investigative Leave Policy.
2/6/19 LOC:
Motion by Jennifer Webster to add the Workplace Violence law, Investigative Leave Policy,
and Oneida Personnel Policies and Procedures to the active files list and assign David P.
Jordan as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.
10/7/20 LOC:
Motion by Jennifer Webster to add the Workplace Violence Law Amendments to the Active
Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion carried
unanimously.
8/18/21 LOC:
Motion by Kirby Metoxen to accept the information provided in the request [for amendments
to the Workplace Violence law to address employment eligibility after termination due to
workplace violence] as FYI; seconded by Marie Summers. Motion carried unanimously.
8/29/22:
Work Meeting. Present: Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds, Wendy
Alvarez, Whitney Wheelock, Clorissa Santiago, Carolyn Salutz, David Jordan, Jennifer
Webster, Kirby Metoxen, Kristal Hill, Rhiannon Metoxen. The purpose of this work meeting
was to review the law line-by-line and collect input from LOC and HRD. 9/07/22: Work
Meeting. Present: David Jordan, Kirby Metoxen, Marie Summers, Clorissa Santiago,
Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. The purpose of this work
meeting was to gather LOC input on HRD’s suggested amendments.
9/21/22:
Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster,
Daniel Guzman, Clorissa Santiago, Carolyn Salutz, Grace Elliott. The purpose of this work
meeting was to review proposed line edits to the law. The LOC made several suggestions,
including adding in “social media”; clarifying Section 223.4 Applicability; making sure the
supervisor will be notified throughout the process of reporting and investigation. Overall, the
law is still wordy and could be simplified and reduced.
1/6/23:
Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster,
Daniel Guzman, Todd Vanden Heuvel, Matthew Denny, Nicholas Reynolds, Rita Reiter,
Carolyn Salutz, Grace Elliott. The purpose of this work meeting was to review the procedures
of investigative leave, and employment ineligibility. During the meeting it was discussed if
Page 1 of 4
A good mind. A good heart. A strong fire.
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the procedures of investigation and follow-up would be better placed within the Investigative
Leave policy.
1/31/23:
Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster,
Daniel Guzman, Todd Vanden Heuvel, Matthew Denny, Nicholas Reynolds, Rita Reiter,
Joshua Cottrell, Peggy Van Gheem, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal
Hill, Rhiannon Metoxen. The purpose of this work meeting was to review final changes and
receive final guidance from HRD on all changes – and changes relating to investigations, the
scope and coverage of the law, employment eligibility, and next steps. Clarity needed on
extending this law to adequately cover incidents of violence that occur outside work hours,
the scope of EEO responsibilities related to investigations that don’t lead to investigative
leave, employment eligibility.
10/4/23 LOC:
Motion by Jonas Hill to add the Workplace Violence Law Amendments to the Active Files
List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion carried
unanimously.
7/29/24:
Work Meeting. Present: Jameson Wilson, Carolyn Salutz, Clorissa Leeman (Microsoft
Teams), Jennifer Webster (Microsoft Teams), Maureen Perkins (Microsoft Teams), Kristal
Hill (Microsoft Teams), Todd Vanden Heuvel (Microsoft Teams), Rita Reiter (Microsoft
Teams), Laura Laitinen-Warren (Microsoft Teams). The purpose of this work meeting was
to review the draft, we did a line-by-line review of the entire draft. One issue left to consider:
how involved do we want supervisors to be in determining the final resolution? Should
supervisors be involved in deciding the final resolution with EEO/HRD or not involved but
able to dispute the final resolution or not involved or able to dispute. A suggestion was to
invite managers, supervisors, etc., to next work meeting to discuss.
9/4/24 LOC:
Motion by Jonas Hill to accept the request for amendments to the Workplace Violence law
as information, noting the Workplace Violence law is already on the Active Files List;
seconded by Marlon Skenandore. Motion carried unanimously.
10/18/24:
Work Meeting. Present: Matthew Denny, Todd Vanden Heuvel, Laura Laiten-Warren, Peggy
Van Gheem, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal Hill,
Maureen Perkins, Jameson Wilson, Kirby Metoxen, Marlon Skenandore. The purpose of this
work meeting was to review the draft, we did a line-by-line edit. No major suggestions for
edits were brought up, the work group was satisfied with the current amendments; there were
minor suggestions for changes; wording, more inclusion of the law office in workplace
violence investigations. There was a lot of discussion on the supervisor’s role in the
investigation and discipline.
1/13/25:
Work Meeting. Present: Laura Laiten-Warren, Marie Cornelius, Peggy Van Gheem, Grace
Elliott, Carolyn Salutz, Maureen Perkins, Fawn Billie, Jameson Wilson, Marlon Skenandore,
Jonas Hill, Jennifer Webster, Kirby Metoxen. The purpose of this work meeting was to
continue to review edits. We did a line-by-line review of the entire draft. The group was still
satisfied with the amendments, and no major suggestions were made; most suggestions were
to clarify processes or definitions. Carolyn will summarize notes and send to attendees, work
on newest amendments, and then schedule the next work meeting.
2/14/25:
Work Meeting. Present: Laura Laiten-Warren, Matthew Denny, Peggy Van Gheem, Kristal
Hill, Fawn Cottrell, Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster. The
purpose of this meeting was to review the latest amendments. There was a brief back-andforth between Matt Denny and Peggy about when the EEO Office should notify the law office
– Peggy said immediately when an investigation is started, Matt said EEO should not be
required to notify them immediately. This is an issue the LOC will decide and consider. Other
issues involved clarifying some language and making sure all reporting goes to EEO, but that
EEO will communicate with HRD and vice versa if needed.
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ONEIDA
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2/19/25:
Work Session. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby Metoxen,
Jennifer Webster, Kristal Hill, Fawn Cottrell, Carolyn Salutz, Clorissa Leeman, Grace Elliott.
The purpose of this work meeting is to review and decide on an issue that came up during
the work meeting on 2/14/25: should the law require EEO to report to the law office at the
start of every investigation. By majority, LOC decided they do want to require EEO to report
to the law office at the start of every investigation.
3/5/25:
Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,
Clorissa Leeman, Grace Elliott, Kristal Hill, Fawn Billie, Fawn Cottrell. The purpose of this
work meeting was for Carolyn to review her reasoning on why it may not be necessary for
the law to require EEO to report to the law office at the start of each investigation. Jenny
was, at first, still in favor of requiring reporting but eventually LOC did arrive at a consensus
to not require it but instead allow it. So, EEO reporting to the law office at the start of each
investigation will not be required.
5/2/25:
Work Meeting. Present: Matthew Denny, Ria Reiter, Whitney Wheelock, Jameson Wilson,
Jonas Hill, Kirby Metoxen, Jennifer Webster, Fawn Billie, Fawn Cottrell, Kristal Hill,
Clorissa Leeman, Carolyn Salutz. The purpose of this work meeting is to review the newest
edits to the draft. The work group reviewed the entire draft, no discussion was needed, the
group was satisfied with the amendments.
5/7/25 LOC:
Motion by Jennifer Webster to approve the draft of proposed amendments to the Workplace
Violence Law and direct that a legislative analysis be completed; seconded by Marlon
Skenandore. Motion carried unanimously.
5/21/25 LOC:
Motion by Jennifer Webster to accept the updated draft and legislative analysis and defer to
a work meeting to address the potential conflict before a public meeting is held; seconded y
Kirby Metoxen. Motion carried unanimously.
7/25/25:
Work Meeting. Present: Rita Reiter, Whitney Wheelock, Marlon Skenandore, Fawn Billie,
Kristal Hill, Carolyn Salutz. The purpose of this work meeting is to discuss the discrepancy
between the proposed amendments and the Oneida Nation Personnel Policies and
Procedures; where the proposed amendments require all complaints and investigations of
alleged workplace violence be made to and handled by the Equal Employment Opportunity
Department but the Personnel Policies and Procedures require all complaints and
investigations, except sexual harassment, be made to and handled by the employee’s
immediate supervisor. The work group agreed that they like the proposed amendments, and
the Equal Employment Opportunity department is best suited to manage complaints and
investigations. Work group suggested adding in the ability to appeal; and look at Section VI
Health and Safety of Personnel Policies and Procedures – it may be what would allow this
law to supersede.
8/6/25:
Work Session. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster.
The purpose of this work session is to review the changes made to the draft after meeting
with EEO/HRD on 7/25/25. It is likely all changes align the amendments with the Oneida
Personnel Policies and Procedures and there is no longer a conflict between the two. The
LOC informally approved the changes and approved the draft to continue through the
legislative process.
8/20/25 LOC:
Motion by Kirby Metoxen to approve the updated draft, approve the legislative analysis,
and direct the Legislative Reference Office to schedule a public meeting; seconded by
Marlon Skenandore. Motion carried unanimously.
Page 3 of 4
A good mind. A good heart. A strong fire.
~
ONEIDA
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Next Steps:
▪ Accept the public meeting packet and schedule and hold a public meeting on October 15, 2025.
Page 4 of 4
A good mind. A good heart. A strong fire.
~
ONEIDA
24 of 200
ONEIDA NATION PUBLIC MEETING NOTICE
WEDNESDAY, OCTOBER 15, 2025, 12:15 pm
Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
WORKPLACE VIOLENCE LAW AMENDMENTS
The purpose of the Workplace Violence law is to provide all Oneida Nation employees and
visitors an environment that is free of violence and the threat of violence.
The Workplace Violence law amendments will:
Clarify this law applies to all employees, during or outside of any employee’s normal work hours and as long as the alleged
incident of workplace violence occurs in a setting reasonable connected to the workplace.
Clarify what constitutes “prohibited behaviors” and the exceptions to prohibited behaviors.
Require that all complaints and investigations of alleged workplace violence be directed to and handled by the Equal Employment Opportunity Department (“EEO Department”) within the Oneida Nation Human Resources Department
(“HRD”).
Clarify the responsibilities of the EEO Department. The EEO Department will be responsible for assigning an EEO Officer
who will investigate the complaint and be responsible for determining the final decision along with the Nation’s Human
Resources Executive Director and the employee’s supervisor.
Clarify that even though the EEO Officer will be primarily responsible for investigating the allegation, the EEO Officer is
required to inform the employee’s supervisor of any complaint and any pending investigation and notify the employee’s
supervisor they are able, at anytime, to participate in the investigation.
Clarify that there will be a “final decision” which is the ultimate decision issued from the EEO Department, the Nation’s
Human Resources Executive Director, and the employee’s supervisor regarding the allegation and investigation of the incident of workplace violence.
Clarify that verbal complaints are acceptable but whichever department, EEO or HRD, receives a verbal complaint should
direct that employee to submit a written complaint to the EEO Department.
Clarify the reporting of restraining orders and injunctions – when reporting is mandatory and when it is discretionary.
Clarify employment eligibility for employees who resign during a workplace violence investigation or are terminated as a
result of a workplace violence investigation.
Individuals may attend the public meeting for the proposed Workplace Violence law amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish
to attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, OCTOBER 22, 2025
During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed Workplace Violence law amendments please review the public meeting
packet at oneida-nsn.gov/government/register/public meetings.
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WORKPLACE VIOLENCE
LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Legislation or
Amendments
▪
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Purpose
Clarify that this law applies to all employees, during or outside of any
employee’s normal work hours and as long as the alleged incident of
workplace violence occurs in a setting reasonable connected to the workplace.
Clarify what constitutes “prohibited behaviors.”
Clarify exceptions to “prohibited behaviors.”
Require that all complaints and investigations of alleged workplace violence
be directed to and handled by the Equal Employment Opportunity Department
(“EEO”) within the Oneida Nation Human Resources Department (“HRD”).
Clarify that there will be a “final decision” which is the ultimate decision
issued from the EEO Department, the Nation’s Human Resources Executive
Director, and the employee’s supervisor regarding the allegation and
investigation of the incident of workplace violence.
Clarify the responsibilities of the EEO Department. The EEO Department will
be responsible for assigning an EEO Officer who will investigate the
complaint and be responsible for determining the final decision along with the
Nation’s Human Resources Executive Director and the employee’s
supervisor.
Clarify that the EEO Department and the Nation’s Human Resources
Department are responsible for communicating and sharing information with
each other to ensure all complaints and investigations are properly and timely
handled.
Clarify that verbal complaints are acceptable but whichever department
receives the verbal complaint should direct that employee to submit a written
complaint to the EEO Department.
Clarify the reporting of restraining orders and injunctions – when reporting is
mandatory and when it is discretionary.
Clarify employment eligibility for employees who resign during a workplace
violence investigation or are terminated as a result of a workplace violence
investigation.
Various grammatical changes and other minor changes throughout the law.
The purpose of this law is to provide all Oneida Nation employees and visitors an
environment that is free of violence and the threat of violence. [2 O.C. 223.1-1].
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Affected Entities
The Nation’s Human Resources Department, the Nation’s Equal Employment
Opportunity Office, the Oneida Law Office, and all Oneida Nation employees and
visitors.
Related Legislation
Investigative Leave law, Code of Ethics, Anonymous Letters Policy, Pardon and
Forgiveness law, and Public Peace law
Enforcement
The Workplace Violence law directs the EEO department, specifically the
designated EEO Officer, to investigate all allegations of workplace violence. [2
O.C. 223.6-1]. The EEO Officer, the Nation’s Human Resources Executive
Director, and the employee’s supervisor are responsible for determining the final
decision, which is the ultimate conclusion of the investigation and the decision to
take disciplinary actions, if any. [2 O.C.223.9-8]. The EEO Officer may place an
employee alleged to be involved in an incident of workplace violence on
investigative leave pursuant to the Nation’s law and policies governing
investigative leave. [2 O.C. 223.9-7].
Any employee who violates the Workplace Violence law may be subject to
disciplinary action under the Nation’s laws, policies, and rules governing
employment, up to and including termination. [2 O.C 223.13].
Due Process
The Workplace Violence law directs the EEO Officer to promptly conduct a
thorough investigation into allegations of workplace violence. [2 O.C. 223.9-3].
The law requires that when the EEO Department receives an allegation of
workplace violence and assigns an EEO Officer to investigate, the assigned EEO
Officer is required to notify the employee’s immediate supervisor, so the immediate
supervisor is aware that:
▪
▪
▪
the EEO Officer will be investigating the employee;
the EEO Officer may place the employee on investigative leave; and
they will be responsible, along with the EEO Officer and the Nation’s Human
Resources Executive Director for determining and implementing the final
decision. [2 O.C. 223.9-2].
The law requires the EEO Officer to conclude the investigation when they obtain
enough verifiable facts and information regarding the incident under investigation
to make a safe and equitable final decision. [2 O.C. 223.9-5]. The EEO Officer may
to share the investigative file with the employee’s supervisor and the Nation’s
Human Resources Executive Director, three days before they meet to determine the
final decision. [2 O.C. 223.9-8(c)]. The EEO Officer is required to meet with the
Nation’s Human Resources Executive Director and the employee’s supervisor to
mutually determine a final decision. [2 O.C. 223.9-8].
The employee may be eligible for rehiring consideration with the Nation if they
receive a pardon from the Nation’s Pardon and Forgiveness Committee. [2 O.C.
223.10]. Any employee who resigns while an investigation of workplace violence
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is pending or who is terminated as a result of the findings of a workplace violence
investigation is eligible to re-apply for employment with the Nation, but only after
a certain amount of time has passed and only if that employee receives a pardon
from the Nation’s Pardon and Forgiveness Committee. [2 O.C. 223.10-1; 2 O.C.
223.10-2].
If an employee resigned while an investigation of workplace violence was pending
and the results of the investigation determine that no incident of workplace violence
occurred, the employee shall be immediately eligible for re-hiring. [2 O.C. 223.103].
Public Meeting
A public meeting has not yet been held.
Fiscal Impact
A fiscal impact statement prepared in accordance with the Legislative Procedures
Act has not been requested.
1
SECTION 2. LEGISLATIVE DEVELOPMENT
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A. Background. The Workplace Violence law was originally adopted by the Oneida Business Committee
on June 28, 2017, through resolution BC-06-28-17-E. The Workplace Violence law provides
mechanisms for ensuring the safety of all employees and visitors to the Nation’s workplaces by
ensuring all allegations and subsequent investigations of alleged workplace violence are handled by the
Equal Employment Opportunity Department of the Nation but that the Equal Employment Opportunity
Department and the Nation’s Human Resources Department are responsible for sharing information
with each other to ensure all complaints and investigations are properly and timely handled. [2 O.C.
223.6-5].
B. Request for Amendments. This item was originally added to the Active Files List on February 6, 2019,
at the request of the Nation’s Human Resources Department to address investigative enforcement and
employee ineligibility. This item was readded to the Active Files list on October 7, 2020. This item was
added to the Active Files list for a third time on October 4, 2023. The sponsor of the Workplace
Violence law amendments is Councilwoman Jennifer Webster.
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SECTION 3. CONSULTATION AND OUTREACH
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▪
•
Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
▪ the Equal Employment Opportunity Department, (“EEO”);
▪ the Nation’s Human Resources Department (“HRD”); and
▪ Oneida Law Office;
The following laws and policies of the Nation were reviewed in the drafting of this analysis:
▪ Investigative Leave law [2 O.C. 208];
▪ Whistleblower Protection law [2 O.C. 211];
▪ Public Peace law [3 O.C. 309];
▪ Anonymous Letter Policy [3 O.C. 307];
▪ Pardon and Forgiveness law [1 O.C. 126]; and
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▪
Oneida Personnel Policies and Procedures.
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SECTION 4. PROCESS
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A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active Files
List for amendments this legislative term.
▪ On September 4, 2024, the Legislative Operating Committee accepted HRD’s request to amend
the Workplace Violence law as information since the law was already on the Active Files List
for amendments to be made.
▪ On May 7, 2025, the Legislative Operating Committee approved the draft of the Workplace
Violence law amendments and directed that a legislative analysis be developed.
▪ On May 21, 2025, the Legislative Operating Committee accepted an updated draft and
legislative analysis and deferred the draft to another work meeting to address the conflicts
between the proposed amendments and the Oneida Personnel Policies and Procedures.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ August 29, 2021: LOC work meeting with EEO and HRD.
▪ September 7, 2022: LOC work session.
▪ September 21, 2022: LOC work session.
▪ January 6, 2023: LOC work meeting with EEO and HRD.
▪ January 31, 2023: LOC work meeting with EEO and HRD.
▪ July 29, 2024: LOC meeting with EEO and HRD.
▪ October 18, 2024: LOC work meeting with EEO, HRD, and the law office.
▪ January 13, 2025: LOC work meeting with HRD and the law office.
▪ February 14, 2025: LOC work meeting with EEO, HRD, and the law office.
▪ February 19, 2025: LOC work session.
▪ March 5, 2025: LOC work session.
▪ May 2, 2025: LOC work meeting with EEO and HRD where the LOC informally approved the
final draft.
▪ July 25, 2025: LOC work meeting with EEO and HRD to discuss and resolve the discrepancies
between the proposed amendments and the Oneida Personnel Policies and Procedures.
▪ August 6, 2025: LOC work session to discuss the proposed changes to the draft to align the
proposed amendments with the Oneida Personnel Policies and Procedures. LOC approved the
changes.
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SECTION 5. CONTENTS OF THE LEGISLATION
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A. Application of the Law. The proposed amendments to the Law expand its application to cover all
incidents of workplace violence that occur in any of the Nation’s workplaces whether the employee
commits workplace violence during or outside of the employee’s normal work hours and as long as
the incident of workplace violence is reasonably connected to the workplace. [2 O.C. 223.4-1].
▪ Effect. The proposed amendments clarify that this Law covers all employees of the Nation,
even if an incident occurs outside of normal work hours. The proposed amendments further
clarify that a prohibited behavior can be considered workplace violence as long as the incident
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is reasonably connected to the workplace. This proposed amendment clarifies and expands the
scope of this Law and extends the Nation’s jurisdiction and the Nation’s ability to protect its
employees.
B. Defining the “final decision.” The proposed amendments require the EEO Officer, the Nation’s
Human Resources Executive Director, and the employee’s supervisor to mutually determine a final
decision. [2 O.C. 223.9-8].
▪ Effect. The proposed amendments make clear that there will be one (1), final decision regarding
the alleged incident of workplace violence. That one (1), final decision will be mutually decided
by the EEO Officer, Nation’s Human Resources Executive Director, and the employee’s
supervisor. This ensures greater accountability for the Nation and ensures the process for
deciding disciplinary measures is standardized.
C. Expanding the definitions of “workplace” and “workplace violence.” The proposed amendments
clarify and expand the definitions of “workplace” and “workplace violence” to include any setting or
circumstance, including traveling to or from a work-related event, and any setting or circumstance that
is reasonably related to that employee’s employment with the Nation. [2 O.C. 223.3(n); 2 O.C.
223.3(o)].
▪ Effect. The proposed amendments to the definitions expand and clarify the application of this
law, which expands the Nation’s ability to protect its employees.
D. Redefining prohibited behaviors. The proposed amendments clarify specific examples of behaviors
that can constitute workplace violence. [2 O.C. 223.5]. Currently, prohibited behaviors do not include
social media platforms and the proposed amendments also clarify what it can mean to “intentionally
caus[e] physical injury” and redefining “horseplay” to mean “fighting or roughhousing that may be
dangerous to others” and require “an established pattern of loud, disruptive, angry, or abusive
language or behavior.” [2 O.C. 223.5-1].
▪ Effect. These proposed amendments clarify the types of behaviors the Nation will not tolerate
from its employees and will make it easier for the Nation to identify and enforce.
E. Redefining the exceptions to prohibited behaviors. The law prohibits possessing, carrying, or using a
weapon. [2 O.C. 223.5-1]. However, the law has identified three exceptions to the prohibition of
possessing, carrying, or using a weapon. [2 O.C. 223.5-2]. The proposed amendments clarify the
exception applies to any employee of the Nation who is required to possess, carry, or use a weapon as
part of their official duties. [2 O.C. 223.5-2(a)]. The proposed amendments make an exception for any
employee actively engaged in cultural activities or ceremonies. [2 O.C. 223.5-2(b)]. The proposed
amendments also make an exception for any employee actively hunting, fishing, or trapping. [2 O.C.
223.5-2(c)]. The proposed amendments allow these three exceptions as long as the employee is required
to possess, use, or carry a weapon as part of their employment with the Nation, as part of cultural
activities or ceremonies in which they are actively participating, or if the employee is actively hunting,
fishing, or trapping according to the Nation’s laws and rules on hunting, fishing, or trapping and the
employee possess, uses, or carries the weapon within the normal scope of those activities. [2 O.C.
223.5-2].
▪ Effect. This proposed amendment allows the Nation to continue to prohibit an employee from
possessing, carrying, or using a weapon but it allows the Nation to make an exception for
specific jobs and job-related duties, cultural activities, and hunting, fishing, and trapping.
F. Redefining the reporting, investigation, and disciplinary procedures. The proposed amendments
clarify the duties of the EEO Department in conducting the investigation into allegations of workplace
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violence. [2 O.C. 223.9]. The proposed amendments clarify that when the EEO Department receives a
complaint of workplace violence, the EEO Department will delegate the responsibility to investigate to
one employee from within the EEO Department who will be known as the EEO Officer. [2 O.C. 223.91]. The proposed amendments clarify that all reports of workplace violence must be given to the EEO
Department rather than the employee’s supervisor. [2 O.C. 223.6-4]. The proposed amendments allow
the EEO Officer, instead of the employee’s supervisor, to place the employee on investigative leave
pursuant to the Nation’s Investigative Leave law, policies, and rules if the EEO Officer determines it
will be necessary. [2 O.C. 223.9-7]. The proposed amendments clarify that the EEO Department and
the Nation’s Human Resources Department will communicate and share information with each other
to ensure all complaints and investigations are properly and timely handled. [2 O.C. 223.6-5]. The
proposed amendments clarify that the EEO Officer will conclude the investigation when they have
obtained enough verifiable facts and information to make a safe and equitable decision. [2 O.C. 223.95]. The proposed amendments clarify the EEO Officer is responsible for meeting with the Nation’s
Human Resources Executive Director and the employee’s supervisor to mutually determine a final
decision. [2 O.C. 223.9-8]. The final decision shall be in writing, contain justification, and be signed
by the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s supervisor.
[2 O.C. 223.9-8(a)]. The EEO Department is responsible for keeping record of all supporting
documentation included in the investigative file. [2 O.C. 223.9-8(b)]. The EEO Officer should share
the investigative file with the Nation’s Human Resources Executive Director and the employee’s
supervisor three business days before they meet to determine the final decision. [2 O.C. 223.9-8(c)].
▪ Effect. The proposed amendments simplify the process for the Nation and its employees to
report an incident of workplace violence and then to have that incident be investigated and
managed by standardizing the requirement that all complaints and investigations are handled
by the EEO Department, specifically the EEO Officer. The proposed amendments also make
determining any disciplinary procedures, if any, more equitable by requiring the EEO Officer,
the Nation’s Human Resources Executive Director, and the employee’s supervisor to meet and
mutually determine disciplinary procedures, if any, and requiring the EEO Officer to share the
investigative file with the Nation’s Human Resources Executive Director and the employee’s
supervisor before they meet to determine the final decision.
G. Redefining employment eligibility. The proposed amendments clarify that if an employee resigns
during a workplace violence investigation that employee is not eligible for rehiring consideration with
the Nation. [2 O.C. 223.10-1]. That employee may be eligible for rehiring consideration, in a different
position, three (3) years from the date of resigning, if that employee receives a pardon from the Nation’s
Pardon and Forgiveness Committee. [2 O.C. 223.10-1]. The proposed amendments clarify that if an
employee is terminated as the result of a workplace violence investigation, that employee is not eligible
for rehiring consideration with the Nation but may be eligible for rehiring consideration, in a different
position, five (5) years after the date of termination if that employee receives a pardon from the Nation’s
Pardon and Forgiveness Committee [2 O.C. 223.10-2]. The proposed amendments clarify that if an
employee resigns during a workplace violence investigation but upon concluding the investigation, the
EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s supervisor
mutually determine that no incident of workplace violence occurred, that employee will be immediately
eligible for rehiring consideration. [2 O.C. 223.10-3].
▪ Effect. The proposed amendments allow the Nation to further ensure the safety of its employees
by making certain employees ineligible for employment with the Nation and requiring any
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employee subject to this law to receive a pardon from the Nation’s Pardon and Forgiveness
Committee before that employee may work for the Nation, even in a different position.
H. Other amendments. Overall, a variety of other amendments and revisions were made to the law to
address formatting, drafting style, and organization that did not affect the substance of the law.
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SECTION 6. EXISTING LEGISLATION
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A. Related legislation. The following laws and policy of the Nation are related to the proposed
amendments to this law:
▪ Investigative Leave Law. The purpose of the Investigative Leave law is to set forth a process
to address investigative leave for employees undergoing work-related investigations. [2 O.C.
208.1-1]. The law’s underlying policy is to conduct objective, confidential investigations into
alleged employee misconduct. [2 O.C. 208.1-2].
▪ According to the Investigative Leave law, the Nation may place an employee on
investigative leave when a situation requires an investigation and one of the
following occurs:
▪ The nature and severity of the alleged violation or alleged illegal
activity is significant and can include workplace violence, sexual
harassment, theft, arson, bribery, or perjury, or obstruction or
interference with an investigation authorized by the Nation. [2 O.C.
208.4-1(a)].
▪ The employee’s presence in the workplace may result in the
destruction of evidence relevant to the investigation, loss or damage
to property of the Nation, or otherwise damage a legitimate interest of
the Nation. [2 O.C. 208.4-1(b)].
▪ The employee’s presence in the workplace may pose an unacceptable
risk to the life, safety, health, or personal property of other employees,
contractors, vendors or visitors. [2 O.C. 208.4-1(c)].
▪ The employee allegedly commits an act which would preclude the
employee from meeting employment eligibility. [2 O.C. 208.4-1(d)].
▪ The law defines workplace to mean any location owned and operated by the
Nation, any location where employees are staffing an event sponsored by the
Nation, and any location where an employee represents the Nation, including overthe-road travel in vehicles owned or rented by the Nation and any circumstances
where an employee is being reimbursed for expenses. [2 O.C. 208.3].
▪ The law does not define workplace violence but does identify workplace violence
as one reason to place an employee on investigative leave. [2 O.C. 208.4-1(a)].
▪ The proposed amendments align with the Investigative Leave law by requiring the
EEO Officer to defer to the procedures of investigative leave if the EEO Officer
determines investigative leave is necessary. [2 O.C. 223.9-7]. The EEO Officer is
responsible for investigating allegations of workplace violence pursuant to the
procedures required in the Workplace Violence law; however, the EEO Officer
may place an employee on investigative leave pursuant to the Nation’s
Investigative Leave law.
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Code of Ethics. The purpose of this law is to promote the highest ethical conduct in all of its
elected and appointed officials and employees. [1 O.C. 103.1].
▪ This law expects an employee to report any violation of the Code of Ethics, as well
as any other dishonest or illegal acts of which they become aware in the workplace.
[1 O.C. 103.5-3(c)(1)].
▪ This law also protects any employees who, in good faith, makes reports of any
dishonest or illegal act in the workplace. [1 O.C. 103.5-3(c)(1)].
▪ This law also prohibits fighting on the job or premises and possession of
unauthorized firearms. [1 O.C. 103.5-3(c)(4)].
▪ The proposed amendments align with the Code of Ethics law which expects an
employee to report any violation of the Code of Ethics, as well as any other
dishonest or illegal acts of which they become aware in the workplace, which
would include instances of workplace violence. [1 O.C. 103.5-3(c)(1)].
Anonymous Letters Policy. The purpose of this law is to set in place a system where anonymous
information is forwarded to a location best able to verify its reliability and to act on the source
or the accusation. [3 O.C. 307.1-1].
▪ This law requires that any employee who receives anonymous information will
forward a summary of that information in a confidential manner to the Chief of the
Oneida Police Department. [3 O.C. 307.4-1]. This law also requires that all
information forwarded will contain information identifying who received it, the
day, date, and time received. [3 O.C. 307.4-2]. This law makes the Chief of the
Oneida Police Department responsible to maintain the files on anonymous
information and to take appropriate action consistent with police investigatory
procedures. [3 O.C. 307.4-3].
▪ The proposed amendments align with the Anonymous Letters Policy by requiring
that if an employee learns of an anonymous threat, the employee shall immediately
forward that information to the Chief of the Oneida Police Department in
accordance with the Nation’s laws, policies, and rules governing anonymous
letters; meaning if an employee learns of an anonymous threat they are required to
report under the Anonymous Letters Policy and under the proposed amendments
to the Workplace Violence law. [2 O.C. 223.8-2].
Pardon and Forgiveness Law. The purpose of the Law is to provide a fair, efficient and formal
process by which a member of the Nation may receive a pardon for the conviction of a crime;
a member of the Nation may receive forgiveness for acts that render him or her ineligible for
housing or other benefits through the Nation; and a member or non-member of the Nation may
receive forgiveness for acts that render him or her ineligible to be employed with the Nation;
receive a Nation-issued occupational license, certification or permit; and/or obtain housing or
other benefits through the Nation [1 O.C. 126.1-1(a)].
▪ This law allows a tribal member to apply for a pardon one (1) year after an act is
committed. [1 O.C. 126-1(b)].
▪ This law allows a tribal member to apply for a pardon or a forgiveness for an act
that rendered the Tribal member ineligible for Tribal employment, or an
occupational license, certification, or permit issued by the Tribe. [1 O.C. 126-1].
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▪
▪
▪
The proposed amendments align with the Pardon and Forgiveness law by
requiring the any employee that resigns or is terminated during, or as the result of,
a workplace violence investigation must receive a pardon from the Pardon and
Forgiveness Committee before the employee is eligible for re-hiring
consideration. [1 O.C. 126-1].
Public Peace Law. The purpose of this law is to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation. [3 O.C. 309.1-1]. It is further the policy of the Nation
to promote peace and order within the boundaries of the Reservation while also providing an
orderly process for addressing civil infractions. [3 O.C. 309.1-2].
▪ This law makes certain actions civil infractions subject to a citation, which can
include fines or other penalties, by the Oneida Police Department. [3 O.C 309.11].
▪ This law provides protections within the Reservation boundaries. [3 O.C. 309.1].
It would not apply to all instances of workplace violence, unless the workplace
violence occurred within the Reservation boundaries.
▪ This law applies when “[a] person commits” a civil infraction identified in the law;
it does not define or require that a “person” be a tribal member. [3 O.C. 309].
▪ This law gives the Oneida Trial Court and the Oneida Police Department the
jurisdiction and authority to hear, investigate, and issues citations for any action
under this law. [3 O.C. 309.4].
▪ The proposed amendments align with the Public Peace law by setting standards
and protections for all persons within the Reservation boundaries. [3 O.C. 309.11]. The Public Peace law makes certain actions civil infractions subject to a
citation, which can include fines or other penalties, by the Oneida Police
Department similar to how the proposed amendments make certain actions and
behaviors punishable as workplace violence. [3 O.C 309.11]. This law’s
enforcement mechanisms do not conflict with the Workplace Violence law and
both laws set similar standards and protections for persons located within the
Reservation and all employees and visitors of the Nation.
Oneida Personnel Policies and Procedures. The purpose of this policy is to provide for the
Nation’s employee related policies and procedures including recruitment, selection,
compensation and benefits, employee relations, safety and health, program and enterprise
rules and regulations, and record keeping.
▪ This policy has procedures for handling an employee who has a disagreement or
complaint with another employee.
▪ For employee disagreements with another employee, the employee’s supervisor
will investigate and resolve.
▪ Any disciplinary actions will be initiated by an immediate supervisor.
▪ The actions of threatening, attempting, or doing bodily harm to another person is
subject to termination.
▪ The actions of intimidating, interfering with or using abusive language towards
customers, clients, co-workers, or others is subject to suspension or termination.
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▪
▪
A variety of other behaviors are subject to disciplinary procedures ranging from a
written warning, suspension, or termination, including any violation of an
adopted Oneida Nation ordinance.
The proposed amendments do not conflict with the Oneida Personnel Policies
and Procedures. Even though the proposed amendments require all complaints
and investigations be made to and handled by the EEO Officer, the proposed
amendments make clear the supervisor may still be involved in any portion of the
investigation and will be responsible, along with the EEO Officer and the
Nation’s Human Resources Executive Director, for implementing the final
decision. [2 O.C. 223.9-2(b); 223.9-2(d)].
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A. The Workplace Violence law gives authority to the EEO Department, specifically the EEO Officer, to
investigate all complaints of alleged workplace violence. [2 O.C. 223.9-1].
B. The Workplace Violence law requires that when the EEO Department receives a complaint of
workplace violence, the EEO Department will delegate the investigative responsibilities to the EEO
Officer who shall promptly inform the immediate supervisor of the employee being complained about
so the immediate supervisor is aware:
▪ the EEO Officer will be investigating the employee;
▪ knows the EEO Officer may place the employee on investigative leave; and
▪ knows they will be responsible, along with the EEO Officer and the Nation’s Human Resources
Director for deciding and implementing the final decision. [2 O.C. 223.9-1; 2 O.C. 223.9-2].
C. The Workplace Violence law requires that the EEO Officer, the Nation’s Human Resources Executive
Director and the employee’s supervisor mutually determine an appropriate final decision. [2 O.C.
223.9-8].
D. The Workplace Violence law requires that the final decision be in writing, contain justification, and be
signed by the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s
supervisor. [2 O.C. 223.9-8(a)].
E. The Workplace Violence law requires that the final decision and all supporting documentation included
in the investigative file be filed with the EEO Department for reporting purposes. [2 O.C. 223.9-8(b)].
F. The Workplace Violence law requires that three (3) business days prior to meeting to mutually determine
the final decision, the EEO Officer should share the investigative file with the Nation’s Human
Resources Executive Director and the employee’s supervisor. [2 O.C 223.9-8(c)].
G. If the EEO Department is made aware that an employee made a report of workplace violence other than
in good faith, that employee may be disciplined according to the Nation’s laws, policies, and rules
governing employment, up to and including termination. [2 O.C. 223.11].
H. To the greatest extent possible, the Nation shall maintain the confidentiality of employees and the
investigation. [2 O.C. 223.12-1].
I. Any employee who violates the Workplace Violence law may be subject to disciplinary action under
the Nation’s laws, policies, and rules governing employment, up to and including termination. [2 O.C.
223.13-1].
I. Any employee who violates the Workplace Violence law may be subject to removal from a workplace
of the Nation. [2 O.C. 223.13-2].
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Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A
titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides
further clarification on who the Legislative Operating Committee may direct complete a fiscal impact
statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact
statement.
▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be
completed.
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Title 2. Employment – Chapter 223
WORKPLACE VIOLENCE
ONEIDA
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223.1.
223.2.
223.3.
223.4
223.5.
223.6.
223.7.
Purpose and Policy
Adoption, Amendment, Appeal
Definitions
Applicability
Prohibited Behavior
Reporting Workplace Violence
Future Workplace Violence
223.8.
223.9.
223.10.
223.11.
223.12.
Supervisor Responsibilities
Equal Employment Opportunity Department
Responsibilities
Fraudulent Report
Confidentiality
Enforcement
223.1.
Purpose and Policy
223.2.
223.3.
223.4
223.5.
223.6.
223.7.
223.8.
223.9.
223.10.
223.11.
223.12.
223.13.
Adoption, Amendment, Appeal
Definitions
Application
Prohibited Behavior
Reporting Workplace Violence
Reporting Restraining Orders and Injunctions
Future Workplace Violence
EEO ("Equal Employment Opportunity Department")
Responsibilitites
Employment Eligibility
Fraudulent Report
Confidentiality
Enforcement
223.1. Purpose and Policy
223.1-1. Purpose. The purpose of this law is to provide all Oneida Nation employees and visitors
an environment that is free of violence and the threat of violence.
223.1-2. Policy. It is the policy of the Nation to provide a safe and secure environment for
employees to work and for conductingconduct business by establishing the procedures by which
incidents of workplace violence shall be addressed.
223.2. Adoption, Amendment, Repeal
223.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-E.
223.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
223.2-3. 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.
223.2-4. In the event of a conflict between a provision of this law and a provision of another law,
rule, or policy the provisions of this law shall control.
223.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
223.3. Definitions
223.3-1. This section shall govern the definitions of words and phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Area Manager” means the person two (2) levels of supervision in the chain of
command above an employee, or an individual designated to be the Area Manager by the
Division Director.
“EEO Department” means the Equal Employment Opportunity Department within the
Nation’s Human ResourceResources Department.
(b) “EEO Officer” means the employee from within the EEO Department., or the employee
the EEO Department assigns as designee, responsible for completing the requirements of
section 223.9 of this law.
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(c) “Employee” means anyoneany person employed by the ONEIDA Nation in one of the
following employed capacities: full-time, part-time, emergency temporary, limited term,
or on a contractual basis.
(d) “Final decision” means the ultimate decision issued from the EEO Department, the
Nation’s Human Resources Executive Director, and the employee’s supervisor regarding
the allegation and investigation of the incident of workplace violence.
(e) “Harassing” means a pattern of conduct composed of a series of acts over a period of
time evidencing a continuity of purpose; the purpose being intimidation, or creating a
threat, and which serves no legitimate purpose.
(d)
(f) “Intimidation” means making others feel afraid or fearful through threatening
behavior.
(e)
(g) “Nation” means the Oneida Nation.
(h) “Official duties” mean the duties of any employee of the Nation when that employee is
actively performing their job requirements.
(i) “Roughhousing” means wildly playful, rough, noisy, or mischievous behavior.
(f)
(j) “Stalking” means unwanted or obsessive attention by an individual or group
toward another person. Stalking includes a course of conduct directed at a a specific person
thator more than one person. Stalking involves repeated visual or physical proximity,
nonconsensual communication, or verbal, written, or implied threats, or a combination
thereof, that would cause a reasonable person fearto feel unsafe.
(g)
(k) “Supervisor” means the person or entity responsible for directly overseeing the
employee.
(h)
(l) “Threat” means the implication or expression of intent to inflict serious physical
or emotional harm or actions that a reasonable person would interpret as a threat to
physicaltheir safety or, the safety of a member of their family, or their property.
(i)
(m) “Weapon” means a firearm, knife, electric weapon, club, or any other object
intended to cause harm to oneself or others.
(j)
(n) “Workplace” means any location owned and operated by the Nation, and any
location or event where an employee represents the Nation, including over-the-road travel
in the Nation’s owned or rented vehicles and, circumstances where the employee is being
reimbursed for expenses. for attending, participating, or the time and manner the employee
spends traveling to and from the event.
(k)
(o) “Workplace Vviolence” means any intentional act committed by an employee
in a workplace that:or in a setting or circumstance otherwise reasonably related to
employment with the Nation that:
(1) inflicts, attempts to inflict, or threatens to inflict emotional or bodilyphysical
harm on another person; or
(2) inflicts, attempts to inflict, or threatens to inflict, damage to property. of the
Nation or property of another.
223.4. ApplicabilityApplication
223.4-1. This law applies to all employees in any of the Nation’s workplaces, and covers
workplace violence whether or not the employee is operating within the course of his or her
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employment at the timecommits workplace violence during or outside the employee’s normal
work hours as long as the incident of workplace violence occurs.is reasonably connected to the
workplace.
223.5. Prohibited Behavior
223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited to,
the following prohibited behaviors:
(a) intentionally causing physical injury to another person; which can include;
(b) (1) hitting or shoving,; or
(2) throwing an object at an individual;
(c)(b) fighting or "horseplay"roughhousing that may be dangerous to others;
(d)(c) direct threats or physical intimidation;
(e)(d) implications or suggestions of violence;
(f)(e) stalking;
(g)(f) possessionpossessing, carrying, or use of weaponsusing a weapon of any kind,
whether in the open or concealed, on property of the Nation, including parking lots, in fleet
vehicles, on other exterior premises, or while engaged in activities for the Nation;
(h)(g) physical restraint, or confinement;
(i)(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;
(j)(i) sending ofa threatening, harassing, or abusive message by e-mails, letters, faxesmail,
letter, fax, phone callscall, text messagesmessage or any other form of electronic media; ,
including all social media platforms;
(k)(j) using the workplace to violate protectiverestraining orders;
(l)(k) intentionally damaging property of the Nation or property of another; and
(m) throwing an object at an individual; and
(n)(l) any other act that a reasonable person would perceive as constituting a threat of
violence. or actual violence.
223.5-2. Exceptions to Prohibited Behavior. The followingAn employee shall be exempt from
this law:
(a) Law enforcement officials and security staff are not be considered to be in violation of this
law when acting in their official capacity;have committed the prohibited behavior of possessing,
carrying, or using a weapon under section 223.5-1(f) if the employee is actively:
(a) performing official duties which require a weapon to be possessed, carried, or used and
the weapon is possessed, carried, or used within the normal scope of those official duties;
(b) Employees required to use knives or other tools owned by participating in cultural
activities or ceremonies on property of the Nation that could potentially be used as weapons
are not consideredwhich require a weapon to be in violation of this law as long as the tools
arepossessed, carried, or used and the weapon is possessed, carried, or used within the
normal scope of employment and not used the cultural activities or ceremonies;
(c) hunting, fishing, or trapping on property of the Nation in a way to intimidate, threaten
or otherwise harm another person within the workplace; accordance with the Nation’s laws
and rules governing hunting, fishing, and trapping and the weapon is possessed, carried, or
used within the normal scope of hunting, fishing, or trapping; or
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(c) d) Any other action that is consistent with laws of the Nation.
223.6. Reporting Workplace Violence
223.6-1. EEO is responsible for investigating complaints, issuing the final decision, and all other
duties and responsibilities detailed in section 223.9.
223.6-2. Reporting by a Non-Employee. non-employee. Any non-employee is encouraged to report
threats of or observed workplace violence that occurs in the Nation’s facilities and workplaces. A
report of workplace violence given to an employee from a non-employee shall be promptly
reported in writingby the employee to the employee’s supervisor. The supervisor shall perform
the initial assessment of the information pursuant to section EEO 223.8.
223.6-2. 3. Permissive Reporting by an Employee. AnAny employee may report workplace
violence to his or her supervisorEEO where the employee:
(a) is the victim of workplace violence; or
(b) believes he or she has been threatened with workplace violence.
223.6-3. 4. Mandatory Reporting by an Employee. AnAny employee shall promptly report
workplace violence to EEO where the employee witnesses an act ora threat or an incident of
workplace violence towards anyone else.or is informed by a non-employee of a threat or an
incident of workplace violence.
(a) Emergency Situation. If an emergency exists or the situation is one of immediate
danger to the life and safety of a person, the employee shall, if possible, without causing
themselves to be in danger, contact the Oneida Police Department or local law
enforcement, and facility security, if determined appropriate, and take whatever emergency
steps are available and appropriate to protect himself or herselfthemselves from immediate
harm. The employee shall report the incident in writing to the appropriate supervisorEEO
as soon as possible.
(b) Non-Emergency Situation. If a non-emergency situation exists or the situation is not
one of immediate danger to the life and safety of a person, the employee shall report the
incident in writing to the appropriate supervisor to EEO as soon as possible if the situation
is not one of immediate danger to life and safety.
223.6-5. 223.6-4. Reporting the Behavior of a Supervisor. If the EEO and the Nation’s Human
Resources Department are responsible for communicating and sharing information with each other
to ensure that all complaints and investigations are properly and timely handled.
223.6-6. Any employee can be in compliance with this law if the employee contacts or
communicates, either verbally or in writing, with either EEO or the Nation’s Human Resources
Department to report an alleged incident of alleged workplace violence involves the supervisor,
the.
(a) If an employee shall report theverbally reports an incident to the supervisor’s
supervisor, or if none exists, to the area manager.of workplace violence to either EEO or
the Nation’s Human Resources Department, whichever department receives the report
should instruct that employee to submit a written report to EEO.
223.6-5.
223.7. Reporting Restraining Orders. An and Injunctions.
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223.7-1. Voluntary reporting. Any employee who possessesobtains a current restraining order or
injunction against another employee may provide EEO a copy of the signed order.
223.7-2. Mandatory reporting. Any employee who is issued a restraining order or injunction
regarding another employee, shall immediately supply, upon receipt of the signed order against
them, give a copy of the signed order to his or her supervisor. EEO.
(a) The supervisor shall provide (a) Any employee who does not immediately, upon receipt
of a restraining order or injunction against them, provide a copy of the restraining order or
injunction to EEO may be subject to disciplinary action under the Nation’s laws, policies,
and rules governing employment, up to and including termination.
223.7-3. EEO shall immediately provide copies of the restraining order or injunction to the area
manageremployee’s supervisor and the EEO DepartmentNation’s Human Resources Executive
Director or designee..
223.8.
223.7. Future Workplace Violence
223.78-1. Where an employee has reason to believe that he, she or others,another employee may
be victimized sometime in the future, either at the workplace or as a direct result of their
employment with the Nation, he or shethe employee is encouraged to provide this information in
writing to his or her supervisorto EEO as soon as possible for an initial assessment pursuant to
section 223.8-19. EEO shall inform the Oneida Police Department, local law enforcement, or
facility security if appropriate.
(a) If an employee reports a possibility of future workplace violence to his or her supervisor
the supervisor shall inform the EEO Department Director or designee.
(b) The EEO Department Director or designee shall inform the Oneida Police Department
or local law enforcement and/or facility security if determined appropriate.
223.78-2. Anonymous threats or letters. In the event that . If an employee learns of an employee
receives anonymous threats or lettersthreat, the employee shall immediately forward a summary
of suchthe information in a confidential manner to the Chief of the Oneida Police Department in
accordance with the Nation’s laws, policies, and rules governing anonymous letters. The employee
shall thenalso immediately notify his or her supervisor. The supervisor shall notify the target of
the threat, take measures to ensure safety, and ensure that the Oneida Police Department as
notified, and notify local law enforcement and/or facility security if determined appropriate.EEO
223.8.
Supervisor223.9.
EEO (“Equal Employment Opportunity Department”)
Responsibilities
223.89-1. Upon receiving a reportEEO is responsible for investigating complaints of workplace
violence and will delegate such responsibilities to one employee from within EEO, who shall be
known as the EEO Officer.
223.9-2. or otherwise becoming aware of a threatWhen EEO receives a complaint of workplace
violence or a workplace violence episode, a , whether verbal or in writing, the EEO Officer shall
promptly notify in writing the supervisor shall immediately conduct an assessment of the situation
and determine if an emergency exists or ifemployee being complained about so the situation is one
of immediate danger. supervisor:
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223.8-2. Emergency Situation. If an emergency situation exists and if possible without causing
themselves to be in danger, a supervisor shall immediately contact the Oneida Police Department
or local law enforcement, and facility security if appropriate, and take whatever emergency steps
are available and appropriate to protect himself or herself, employees and others from immediate
harm.
223.8-3. Non-Emergency Situation. If the situation is not creating immediate danger to life and
safety, the supervisor shall speak to the person reporting the incident and assess the situation.
(a) If the supervisor deems the episode is not a workplace violence problem then the
investigation as a workplace violence matter ends.
(a) is aware that the EEO Officer will be investigating the employee;
(b) knows they may assist the EEO Officer in any portion of the investigation; Where the
supervisor deems the episode as a workplace violence matter, he or she shall prepare a
written Workplace Violence Incident Report detailing the complaint. The supervisor shall
then forward this report to the EEO Department Director or designee.
223.8-4. (c) knows the EEO Officer Investigative Leave. A supervisor may place an
employee alleged to be involved in a workplace violence incidentthe employee on
investigative leave, if the supervisor deems thethey determine investigative leave to be
necessary and appropriate, in accordance with the Nation’s laws, policies and rules
governing investigative leave except for the EEO Department Director or designee, not the
employee’s supervisor, shall conduct the investigation of the alleged workplace violence
incident.; and
223.8-5. A supervisor shall consider the recommendation for disciplinary action provided by the
EEO Department Director or designee pursuant to section 223.9-4(b) when carrying out a
disciplinary action of an employee. The supervisor shall carry out any disciplinary action of an
employee within five (5) days of receiving the recommendation. If the supervisor does not follow
the disciplinary action recommendation provided by the EEO Department Director or designee,
the supervisor shall provide justification for the deviation from the recommendation to the EEO
Department Director and the supervisor’s Area Manager.
223.9. Equal Employment Opportunity Department Responsibilities
223.9-1. The EEO Department Director, or an individual assigned as designee by the EEO
Department Director, shall be responsible for investigating alleged workplace violence.
(d) knows they will be responsible, along with the EEO Officer and the Nation’s Human
Resources Executive Director, for implementing the final decision.
223.9-3. The EEO Officer shall promptly conduct a thorough
223.9-2. Upon receipt of a completed Workplace Violence Incident Report, or other acceptable
written notice of an allegation of workplace violence, the EEO Department Director or designee
shall coordinate with all involved agencies or departments and immediately conduct an
investigation which may include the following duties:
(a) Personallycoordinate with all involved agencies or departments; (b) meet with the
employee filing the complaint;
(b) visit the scene of anthe incident as soon as possible;
(b) Interview(c) interview employees and other witnesses;
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(c) Examine the workplace for security risk factors associated with the incident, including
examination of any reports of inappropriate behavior by the perpetrator;
(d) Determine the cause of the incident;
(e) Determine what mitigating action could prevent the incident from recurring;
(f) Record the findings and recommended mitigating actions; and
(g) Contactcontact the Oneida Police Department and/or any other appropriate law
enforcement agency when necessary;
(h) Review(e) send weekly updates to the employee’s supervisor;
(f) review relevant video surveillance footage if available, in accordance with standard
operating procedures on the subject; and
(i) Anyg) conduct any other investigative methods necessary for a thorough investigation.
223.9-3. 4. In performing these investigative duties, the EEO Department Director or
designeeOfficer shall not interfere in the investigation of any law enforcement agencies. If, at any
time, criminal charges are brought against an employee as a result of an incident of workplace
violence, then the employee shall be placed on investigative leave in accordance with the Nation’s
laws, policies, and rules governing investigative leave, except for the EEO Department Director
or designee, not the employee’s supervisor, shall conduct the investigation of the alleged
workplace violence incident.
223.9-4. Upon completion of 223.9-5. The EEO Officer shall conclude the investigation when
the EEO Officer obtains enough verifiable facts and information regarding the incident under
investigation in order to make a safe and equitable final decision.
223.9-6. Mitigation. During the investigation, the EEO Officer and the Nation’s Human Resources
Executive Director are encouraged to examine the workplace for security risk factors and record
any mitigating actions that could be implemented to prevent a similar occurrence of workplace
violence.
223.9-7. Investigative Leave. The EEO Officer may place an employee alleged to be involved in
an incident of workplace violence on investigative leave in accordance with the Nation’s laws,
policies, and rules governing investigative leave.
223.9-8. Final decision. The EEO Officer shall meet with the Nation’s Human Resources
Executive Director and the employee’s supervisor to mutually determine an appropriate final
decision.
(a) Format. The final decision shall be in writing, contain justification, and be signed by
the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s
supervisor.
(b) Application. If appropriate, the employee’s supervisor will be responsible for initiating
the final decision.
(c) Record keeping. The final decision and all supporting documentation, included in the
Investigative file, shall be filed with EEO for reporting purposes.
(d) Investigative file. Three business days before the EEO Officer, the Nation’s Human
Resources Executive Director, and the employee’s supervisor meet to determine the final
decision, the EEO Officer should share the investigative file with the employee’s
supervisor.
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223.10. the investigation, the EEO Department Director or designee shall:
(a) implement any preventive factors within the Nation’s Human Resources Department’s
authority;
(b) provide a written report of the investigation and recommendation for disciplinary
action, if any, to the supervisor of the employee;
(c) notify the Oneida Police Department or local law enforcement when a potential
criminal act has occurred; and
(d) refer employees to post-event trauma counseling for those employees desiring such
assistance.
Employment Eligibility
223.10-1. 223.9-5. Employee Resignation. An employee who resigns from their position when
there is an ongoing workplace violence investigation or in lieu of a termination shall not be eligible
for hiring consideration in any position with the Nation. The employee may be eligible for
employment in a different position withinwith the Nation for three (3) years from the date of the
resignation. The EEO Department Director or designee if the employee receives a pardon from the
Nation’s Pardon and Forgiveness Committee. The EEO Officer shall remain responsible for
completing the investigation in the event an employee resigns during an investigation.
223.9-6. In appropriate circumstances, the EEO Department Director or designee shall inform the
reporting individual of the results of the investigation which would not compromise the legallyprotected confidentiality of any other person. 223.10-2. Employee Termination. If, as a result of
the completed workplace violence investigation, the employee is terminated, the employee shall
not be eligible for hiring consideration in any position with the Nation. The employee may be
eligible for employment in a different position with the Nation five (5) years from the date of
termination if the employee receives a pardon from the Nation’s Pardon and Forgiveness
Committee.
223.10-3. Immediate eligibility. If, as the result of a completed investigation, the EEO Officer, the
Nation’s Human Resources Executive Director, and the employee’s supervisor mutually determine
in the final decision that no incident of workplace violence occurred, a copy of the final decision
shall be included in the employee’s file and, if the employee resigned as a direct result of the
workplace violence investigation, the employee shall be immediately eligible for re-hiring
consideration with the Nation.
223.10.
223.11. Fraudulent Report
223.1011-1. If at any time the EEO Department Director or designee, or supervisor is made aware
that an employee or supervisor has made a report of workplace violence other than in good faith,
the employee or supervisor may be disciplined according to the Nation’s laws, policies, and rules
governing employment, up to and including termination.
223.12.
223.11. Confidentiality
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223.1112-1. To the greatest extent possible, the Nation shall maintain the confidentiality of
employees and the investigation. However, the Nation may need to disclose results in appropriate
circumstances; for example, in order to protect individual safety.
223.1112-2. Information related to the application of this law is strictly confidential. Information
shall not be disclosed to third parties unless:
(a) the prior written consent of the alleged victim is obtained;
(b) the release of information is in compliancecomplies with a court order; and/or
(c) the release of information is pursuant to applicable laws and/or policies.
223.1213. Enforcement
223.1213-1. AnAny employee or supervisor who violates this law may be subject to disciplinary
action under the Nation’s laws, policies, and rules governing employment, up to and including
termination.
223.12-2. An employee who violates this law may be subject to removal from a workplace of the
Nation.
End
Adopted – BC-06-28-17-E
2 O.C. 223 – Page 9
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Draft 2 (Clean) – PM Draft
2025 09 03
Title 2. Employment – Chapter 223
WORKPLACE VIOLENCE
223.1.
223.2.
223.3.
223.4
223.5.
223.6.
223.7.
223.8.
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Purpose and Policy
Adoption, Amendment, Appeal
Definitions
Application
Prohibited Behavior
Reporting Workplace Violence
Reporting Restraining Orders and Injunctions
Future Workplace Violence
223.9. EEO ("Equal Employment Opportunity Department")
Responsibilitites
223.10. Employment Eligibility
223.11. Fraudulent Report
223.12. Confidentiality
223.13. Enforcement
223.1. Purpose and Policy
223.1-1. Purpose. The purpose of this law is to provide all Oneida Nation employees and visitors
an environment that is free of violence and the threat of violence.
223.1-2. Policy. It is the policy of the Nation to provide a safe and secure environment for
employees to work and conduct business by establishing the procedures by which incidents of
workplace violence shall be addressed.
223.2. Adoption, Amendment, Repeal
223.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-E.
223.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
223.2-3. 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.
223.2-4. In the event of a conflict between a provision of this law and a provision of another law,
rule, or policy the provisions of this law shall control.
223.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
223.3. Definitions
223.3-1. This section shall govern the definitions of words and phrases as used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “EEO” means the Equal Employment Opportunity Department within the Nation’s
Human Resources Department.
(b) “EEO Officer” means the employee from within the EEO Department, or the employee
the EEO Department assigns as designee, responsible for completing the requirements of
section 223.9 of this law.
(c) “Employee” means any person employed by the Nation in one of the following
capacities: full-time, part-time, emergency temporary, limited term, or on a contractual
basis.
(d) “Final decision” means the ultimate decision issued from the EEO Department, the
Nation’s Human Resources Executive Director, and the employee’s supervisor regarding
the allegation and investigation of the incident of workplace violence.
(e) “Harassing” means a pattern of conduct composed of a series of acts over a period of
time evidencing a continuity of purpose; the purpose being intimidation, or creating a
threat, and which serves no legitimate purpose.
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(f) “Intimidation” means making others feel afraid or fearful through threatening behavior.
(g) “Nation” means the Oneida Nation.
(h) “Official duties” mean the duties of any employee of the Nation when that employee is
actively performing their job requirements.
(i) “Roughhousing” means wildly playful, rough, noisy, or mischievous behavior.
(j) “Stalking” means unwanted or obsessive attention by an individual or group toward a
specific person or more than one person. Stalking involves repeated visual or physical
proximity, nonconsensual communication, or verbal, written, or implied threats, or a
combination thereof, that would cause a reasonable person to feel unsafe.
(k) “Supervisor” means the person or entity responsible for overseeing the employee.
(l) “Threat” means the implication or expression of intent to inflict serious physical or
emotional harm or actions that a reasonable person would interpret as a threat to their
safety, the safety of a member of their family, or their property.
(m) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended
to cause harm to oneself or others.
(n) “Workplace” means any location owned and operated by the Nation, any location or
event where an employee represents the Nation, including over-the-road travel in the
Nation’s owned or rented vehicles, circumstances where the employee is being reimbursed
for expenses for attending, participating, or the time and manner the employee spends
traveling to and from the event.
(o) “Workplace violence” means any intentional act committed by an employee in a
workplace or in a setting or circumstance otherwise reasonably related to employment with
the Nation that:
(1) inflicts, attempts to inflict, or threatens to inflict emotional or physical harm on
another person; or
(2) inflicts, attempts to inflict, or threatens to inflict damage to property of the
Nation or property of another.
223.4. Application
223.4-1. This law applies to all employees in any of the Nation’s workplaces and covers workplace
violence whether the employee commits workplace violence during or outside the employee’s
normal work hours as long as the incident of workplace violence is reasonably connected to the
workplace.
223.5. Prohibited Behavior
223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited to,
the following prohibited behaviors:
(a) intentionally causing physical injury to another person; which can include;
(1) hitting or shoving, or
(2) throwing an object at an individual;
(b) fighting or roughhousing that may be dangerous to others;
(c) direct threats or intimidation;
(d) implications or suggestions of violence;
(e) stalking;
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(f) possessing, carrying, or using a weapon of any kind, whether in the open or concealed,
on property of the Nation, including parking lots, in fleet vehicles, on other exterior
premises, or while engaged in activities for the Nation;
(g) physical restraint or confinement;
(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;
(i) sending a threatening, harassing, or abusive message by e-mail, letter, fax, phone call,
text message or any other form of electronic media, including all social media platforms;
(j) using the workplace to violate restraining orders;
(k) intentionally damaging property of the Nation or property of another; and
(l) any other act that a reasonable person would perceive as constituting a threat of violence
or actual violence.
223.5-2. Exceptions to Prohibited Behavior. An employee shall not be considered to have
committed the prohibited behavior of possessing, carrying, or using a weapon under section 223.51(f) if the employee is actively:
(a) performing official duties which require a weapon to be possessed, carried, or used and
the weapon is possessed, carried, or used within the normal scope of those official duties;
(b) participating in cultural activities or ceremonies on property of the Nation which require
a weapon to be possessed, carried, or used and the weapon is possessed, carried, or used
within the normal scope of the cultural activities or ceremonies;
(c) hunting, fishing, or trapping on property of the Nation in accordance with the Nation’s
laws and rules governing hunting, fishing, and trapping and the weapon is possessed,
carried, or used within the normal scope of hunting, fishing, or trapping; or
(d) any other action that is consistent with laws of the Nation.
223.6. Reporting Workplace Violence
223.6-1. EEO is responsible for investigating complaints, issuing the final decision, and all other
duties and responsibilities detailed in section 223.9.
223.6-2. Reporting by a non-employee. Any non-employee is encouraged to report threats or
observed workplace violence that occurs in the Nation’s facilities and workplaces. A report of
workplace violence given to an employee from a non-employee shall be promptly reported by the
employee to EEO.
223.6-3. Permissive Reporting by an Employee. Any employee may report workplace violence to
EEO where the employee:
(a) is the victim of workplace violence; or
(b) has been threatened with workplace violence.
223.6-4. Mandatory Reporting by an Employee. Any employee shall promptly report workplace
violence to EEO where the employee witnesses a threat or an incident of workplace violence or is
informed by a non-employee of a threat or an incident of workplace violence.
(a) Emergency Situation. If an emergency exists or the situation is one of immediate danger
to the life and safety of a person, the employee shall, if possible, without causing
themselves to be in danger, contact the Oneida Police Department or local law
enforcement, and facility security, if appropriate, and take whatever emergency steps are
available and appropriate to protect themselves from immediate harm. The employee shall
report the incident to EEO as soon as possible.
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(b) Non-Emergency Situation. If a non-emergency exists or the situation is not one of
immediate danger to the life and safety of a person, the employee shall report the incident
to EEO as soon as possible.
223.6-5. EEO and the Nation’s Human Resources Department are responsible for communicating
and sharing information with each other to ensure that all complaints and investigations are
properly and timely handled.
223.6-6. Any employee can be in compliance with this law if the employee contacts or
communicates, either verbally or in writing, with either EEO or the Nation’s Human Resources
Department to report an alleged incident of workplace violence.
(a) If an employee verbally reports an incident of workplace violence to either EEO or the
Nation’s Human Resources Department, whichever department receives the report should
instruct that employee to submit a written report to EEO.
223.7. Reporting Restraining Orders and Injunctions.
223.7-1. Voluntary reporting. Any employee who obtains a restraining order or injunction against
another employee may provide EEO a copy of the signed order.
223.7-2. Mandatory reporting. Any employee who is issued a restraining order or injunction
regarding another employee, shall immediately, upon receipt of the signed order against them, give
a copy of the signed order to EEO.
(a) Any employee who does not immediately, upon receipt of a restraining order or
injunction against them, provide a copy of the restraining order or injunction to EEO may
be subject to disciplinary action under the Nation’s laws, policies, and rules governing
employment, up to and including termination.
223.7-3. EEO shall immediately provide copies of the restraining order or injunction to the
employee’s supervisor and the Nation’s Human Resources Executive Director.
223.8. Future Workplace Violence
223.8-1. Where an employee has reason to believe that another employee may be victimized
sometime in the future, either at the workplace or as a direct result of their employment with the
Nation, the employee is encouraged to provide this information to EEO as soon as possible for an
initial assessment pursuant to section 223.9. EEO shall inform the Oneida Police Department, local
law enforcement, or facility security if appropriate.
223.8-2. Anonymous threats. If an employee learns of an anonymous threat, the employee shall
immediately forward the information in a confidential manner to the Chief of the Oneida Police
Department in accordance with the Nation’s laws, policies, and rules governing anonymous letters.
The employee shall also immediately notify EEO
223.9. EEO (“Equal Employment Opportunity Department”) Responsibilities
223.9-1. EEO is responsible for investigating complaints of workplace violence and will delegate
such responsibilities to one employee from within EEO, who shall be known as the EEO Officer.
223.9-2. When EEO receives a complaint of workplace violence, whether verbal or in writing, the
EEO Officer shall promptly notify in writing the supervisor of the employee being complained
about so the supervisor:
(a) is aware that the EEO Officer will be investigating the employee;
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(b) knows they may assist the EEO Officer in any portion of the investigation;
(c) knows the EEO Officer may place the employee on investigative leave if they determine
investigative leave to be necessary; and
(d) knows they will be responsible, along with the EEO Officer and the Nation’s Human
Resources Executive Director, for implementing the final decision.
223.9-3. The EEO Officer shall promptly conduct a thorough investigation which may include the
following duties:
(a) coordinate with all involved agencies or departments;
(b) meet with the employee filing the complaint;
(c) visit the scene of the incident as soon as possible;
(d) interview employees and other witnesses;
(e) contact the Oneida Police Department or any other appropriate law enforcement agency
when necessary;
(f) send weekly updates to the employee’s supervisor;
(g) review relevant video surveillance footage if available, in accordance with standard
operating procedures on the subject; and
(h) conduct any other investigative methods necessary for a thorough investigation.
223.9-4. In performing these investigative duties, the EEO Officer shall not interfere in the
investigation of any law enforcement agencies. If, at any time, criminal charges are brought against
an employee as a result of an incident of workplace violence, the employee shall be placed on
investigative leave in accordance with the Nation’s laws, policies, and rules governing
investigative leave.
223.9-5. The EEO Officer shall conclude the investigation when the EEO Officer obtains enough
verifiable facts and information regarding the incident under investigation in order to make a safe
and equitable final decision.
223.9-6. Mitigation. During the investigation, the EEO Officer and the Nation’s Human Resources
Executive Director are encouraged to examine the workplace for security risk factors and record
any mitigating actions that could be implemented to prevent a similar occurrence of workplace
violence.
223.9-7. Investigative Leave. The EEO Officer may place an employee alleged to be involved in
an incident of workplace violence on investigative leave in accordance with the Nation’s laws,
policies, and rules governing investigative leave.
223.9-8. Final decision. The EEO Officer shall meet with the Nation’s Human Resources
Executive Director and the employee’s supervisor to mutually determine an appropriate final
decision.
(a) Format. The final decision shall be in writing, contain justification, and be signed by
the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s
supervisor.
(b) Application. If appropriate, the employee’s supervisor will be responsible for initiating
the final decision.
(c) Record keeping. The final decision and all supporting documentation, included in the
Investigative file, shall be filed with EEO for reporting purposes.
(d) Investigative file. Three business days before the EEO Officer, the Nation’s Human
Resources Executive Director, and the employee’s supervisor meet to determine the final
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decision, the EEO Officer should share the investigative file with the employee’s
supervisor.
223.10. Employment Eligibility
223.10-1. Employee Resignation. An employee who resigns from their position when there is an
ongoing workplace violence investigation or in lieu of termination shall not be eligible for hiring
consideration in any position with the Nation. The employee may be eligible for employment in a
different position with the Nation three (3) years from the date of resignation if the employee
receives a pardon from the Nation’s Pardon and Forgiveness Committee. The EEO Officer shall
remain responsible for completing the investigation in the event an employee resigns during an
investigation.
223.10-2. Employee Termination. If, as a result of the completed workplace violence investigation,
the employee is terminated, the employee shall not be eligible for hiring consideration in any
position with the Nation. The employee may be eligible for employment in a different position
with the Nation five (5) years from the date of termination if the employee receives a pardon from
the Nation’s Pardon and Forgiveness Committee.
223.10-3. Immediate eligibility. If, as the result of a completed investigation, the EEO Officer, the
Nation’s Human Resources Executive Director, and the employee’s supervisor mutually determine
in the final decision that no incident of workplace violence occurred, a copy of the final decision
shall be included in the employee’s file and, if the employee resigned as a direct result of the
workplace violence investigation, the employee shall be immediately eligible for re-hiring
consideration with the Nation.
223.11. Fraudulent Report
223.11-1. If at any time EEO is made aware that an employee made a report of workplace violence
other than in good faith, the employee may be disciplined according to the Nation’s laws, policies,
and rules governing employment, up to and including termination.
223.12. Confidentiality
223.12-1. To the greatest extent possible, the Nation shall maintain the confidentiality of
employees and the investigation. However, the Nation may need to disclose results in appropriate
circumstances; for example, in order to protect individual safety.
223.12-2. Information related to the application of this law is strictly confidential. Information
shall not be disclosed to third parties unless:
(a) the prior written consent of the alleged victim is obtained;
(b) the release of information complies with a court order; or
(c) the release of information is pursuant to applicable laws or policies.
223.13. Enforcement
223.13-1. Any employee who violates this law may be subject to disciplinary action under the
Nation’s laws, policies, and rules governing employment, up to and including termination.
End
Adopted – BC-06-28-17-E
2 O.C. 223 – Page 6
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~
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
Legislative Operating Committee
September 3, 2025
Public Use of Tribal Land Law
Amendments
Submission Date: 12/7/22
LOC Sponsor: Jonas Hill
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion
“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,
Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board
and for the assessment to be submitted at the second meeting Business Committee meeting in September”.
In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the
authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were
jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be
assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the
intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA
and/or the Land Commission.
On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and
Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment
Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to
take place in order to complete the dissolution of the Environmental Resource Board including
amendments to laws and addressing any background material. The Oneida Law Office provided this report
to the Oneida Business Committee on November 29, 2022.
This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments
to address the dissolution of the Environmental Resources Board, and transition the Board’s
responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida
Land Commission.
10/4/23 LOC: Motion by Marlon Skenandore to add the Public Use of Tribal Land Law Amendments to the
Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried
unanimously.
1/3/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.
The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had
with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.
4/29/25:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Clorissa Leeman,
Krystal John, Eric Boulanger, Joel Maxam, Eric McLester, Nicole Rommel, Fawn Billie,
Fawn Cottrell. The purpose of this work meeting was to review the Public Use of Tribal Land
law and begin discussing potential comprehensive amendments.
Page 1 of 2
A good mind. A good heart. A strong fire.
52 of 200
5/20/25:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jennifer
Webster, Clorissa Leeman, Krystal John, Joel Maxam, Eric McLester, Nicole Rommel, Kristal
Hill, Fawn Billie, Fawn Cottrell. The purpose of this work meeting was to review the initial
draft of proposed amendments to the Public Use of Tribal Lawn law.
8/11/25:
Work Meeting. Kirby Metoxen, Clorissa Leeman, Rhiannon Metoxen, Eric Boulanger, Joel
Maxam, Fawn Cottrell, Kristal Hill, Nicole Rommel, Krystal John. The purpose of this work
meeting was to review and discuss an update draft of the proposed amendments.
8/20/25 LOC: Motion by Kirby Metoxen to approve the draft of amendments to the Public Use of Tribal Land
law amendments; seconded by Marlon Skenandore. Motion carried unanimously.
Next Steps:
Approve the legislative analysis and the public meeting packet for the proposed amendments
to the Public Use of Tribal Land law and schedule a public meeting to be held on October 15,
2025.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
53 of 200
ONEIDA NATION PUBLIC MEETING NOTICE
WEDNESDAY, OCTOBER 15, 2025, 12:15 pm
Find Public MeeƟng Materials at
Oneida‐nsn.gov/government/register/public mee ngs
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
Send Public Comments to
LOC@oneidana on.org
Ask QuesƟons here
LOC@oneidana on.org
920‐869‐4417
PUBLIC USE OF TRIBAL LAND LAW AMENDMENTS
The purpose of the Public Use of Tribal Land law is to prevent improper access, use, and trespass to Tribal lands.
The Public Use of Tribal Land law amendments will:
Eliminate the Environmental Resource Board (ERB) from the law and delegate all responsibilities of ERB provided in the law to Land Management.
Delegate administrative rulemaking authority to Land Management for the development
of rules regarding the Land Access Map and other topics.
Provide that Land Management is responsible for allocating and assigning land uses to
all Tribal land.
Provide that Land Management is responsible for issuing land use licenses and easements.
And make other drafting changes to the law.
Individuals may attend the public meeting for the proposed Public Use of Tribal Land law
amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you
wish to attend the public meeting through Microsoft Teams please contact
LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, OCTOBER 22, 2025
During the public comment period, anyone may submit written comments, questions or input.
Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed Public Use of Tribal Land law amendments
please review the public meeting packet at oneida-nsn.gov/government/register/
public meetings.
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PUBLIC USE OF TRIBAL LAND LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Analysis by the Legislative Reference Office
Add definitions for the following terms: Land Management [6 O.C.
609.3-1(c)], land use license [6 O.C. 609.3-1(d)], rule [6 O.C. 609.31(c)], Trial Court [6 O.C. 609.3-1(j)], and Tribal member [6 O.C. 609.31(k)], and eliminate the definition for trespass;
Eliminate the Environmental Resource Board from the Law and delegate
all their former responsibilities and duties to Land Management. [6 O.C.
609.4, 609.7];
Delegate administrative rulemaking authority to Land Management to
develop rules to:
Develop, approve, and maintain the Land Access Map;
Allocate and assign land uses for all Tribal lands;
Issue land use licenses;
Issue easements;
Develop a fine and penalty schedule for violations of this Law and its
corresponding rules; and
Develop any other rules needed to implement or enforce this Law. [6
O.C. 609.4-2];
Require that Land Management consult with the Land Assessment Team
on the development of all administrative rules. [6 O.C. 609.4-3];
Require that the Land Access Map be made digitally available on the
Nation’s website. [6 O.C. 609.5-4];
Provide that Land Management is responsible for allocating and assigning
land uses to all Tribal land. [6 O.C. 609.6-1];
Provide that Land Management is responsible for issuing land use
licenses. [6 O.C. 609.6-3];
Provide that Land Management is responsible for issuing easements. [6
O.C. 609.6-4];
Remove the provisions on amending the Land Access Map, as the
administrative rulemaking process shall now be followed.;
Remove the provisions of the Law regarding trespass,;
Remove much of the provisions regarding citations, and simply providing
that an individual who violates a provision of this law or the
corresponding rules may be subject to the issuance of a citation by a
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Analysis to Draft 1
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Purpose
Affected Entities
Public Meeting
Fiscal Impact
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warden or an Oneida Police Department officer in accordance with the
Nation’s laws and policies governing citations. [6 O.C. 609.7-2];
Make other minor drafting changes throughout the Law.
The purpose of this law is to prevent improper access, use, and trespass to
Tribal lands. [6 O.C. 609.1-1].
Land Management, Oneida Police Department
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Public Use of Tribal Land law (“the Law”) was originally adopted by the Oneida
Business Committee in 2014 through resolution BC-05-15-14-C, and then was amended through
resolutions BC-12-10-14-A, BC-01-13-16-C, and BC-07-26-17-D. The purpose of the Law is to
prevent improper access, use, and trespass to Tribal lands. [6 O.C. 609.1-1].It is the policy of the Nation
to limit access to Tribal lands to protect and preserve the environment and natural resources including
forests, wildlife, air, and waters, through appropriate uses of the land. [6 O.C. 609.1-2].
B. Request for Amendments. On August 10, 2022, the Oneida Business Committee adopted a motion “to
direct the General Manager to complete the assessment regarding the feasibility of the Environmental,
Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board
and for the assessment to be submitted at the second meeting Business Committee meeting in
September.” In short, the General Manager concluded that although changes were necessary to those
Oneida laws that delegated the authority and responsibility to the Environmental Resources Board
(ERB), those responsibilities that were jointly executed by the ERB and Environmental, Health, Safety,
and Land Division (EHSLA), could be assumed by EHSLA. Additionally, for those duties that
delegated ERB the power and duty to carry out the intent and purposes of the law, including
enforcement, those responsibilities could be delegated to EHSLA and/or the Oneida Land Commission.
On September 28, 2022, the Oneida Business Committee adopted a motion to accept the
Environmental, Health, Safety, Land, and Agriculture/Environmental Resource Board assessment; to
recommend the dissolution the Environment Resource Board; and to direct Chief Counsel to bring
back a report in forty-five (45) days on actions that need to take place in order to complete the
dissolution of the Environmental Resource Board including amendments to laws and addressing any
background material. The Oneida Law Office provided this report to the Oneida Business Committee
on November 29, 2022.This item was then added to the Active Files List on December 7, 2022, in an
effort to make amendments to address the dissolution of the Environmental Resources Board, and
transition the Board’s responsibilities to the Environmental, Health, Safety, Land and Agriculture
Division and/or the Oneida Land Commission.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Law and this legislative analysis:
Oneida Police Department;
Land Management;
Oneida Law Office; and
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Environmental, Land, and Agriculture Division.
B. The following laws were reviewed in the drafting of this analysis:
Legislative Procedures Act;
Administrative Rulemaking law;
Real Property law;
Public Peace law; and
Citations Law.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The development of the proposed amendments to the Law complies with the process set forth in the
Legislative Procedures Act (LPA).
On October 4, 2023, the Legislative Operating Committee added the Public Use of Tribal Land
law amendments to its Active Files List.
On August 20, 2025, the Legislative Operating Committee approved the draft of amendments to
the Public Use of Tribal Land law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Law this legislative term:
January 3, 2024: LOC work session.
April 29, 2025: LOC work session with Oneida Law Office, Oneida Police Department, Land
Management, and the Environmental, Land, and Agriculture Division.
May 20, 2025: LOC work session with Oneida Law Office, Oneida Police Department, and Land
Management.
August 11, 2025: LOC work session with Oneida Law Office, Oneida Police Department, and
Land Management.
A. Definitions. The proposed amendments to the Law add definitions for the following terms: Land
Management [6 O.C. 609.3-1(c)], land use license [6 O.C. 609.3-1(d)], rule [6 O.C. 609.3-1(c)], Trial
Court [6 O.C. 609.3-1(j)], and Tribal member [6 O.C. 609.3-1(k)]. The definition for trespass was
eliminated from the Law, as the term is no longer used in the Law.
Effect. Updating the definitions to include new terms that are used in the Law, and eliminate terms
that are no longer used in the Law provides greater clarification for those who read the Law.
B. Elimination of the Environmental Resource Board. The current Law provides that the Environmental
Resource Board has the duty and power to carry out the intent and purposes of this law and enforce the
provisions of this law. [current 6 O.C. 609.4-1]. Throughout the Law the Environmental Resource
Board is then given a variety of different responsibilities and authorities, particularly in regard to the
development and maintenance of the Land Access Map. The proposed amendments to the Law remove
all mentions of the Environmental Resource Board from the Law, and instead delegates all
responsibilities of the Environmental Resource Board provided in the law to Land Management. [6
O.C. 609.4-1].
Effect. The removal of the Environmental Resource Board through the proposed amendments to
the Law aligns with the September 28, 2022, Oneida Business Committee directive to dissolve the
Environment Resource Board. The Environmental Resource Board has to be eliminated from all
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laws of the Nation, and
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