Oneida Business Committee (2022)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, May 10, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
1:00 PM Wednesday, May 11, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill
Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to
change.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
V.
MINUTES
A.
VI.
Oneida Nation Arts Board - Stacie Cutbank
Sponsor: Lisa Liggins, Secretary
Approve the April 27, 2022, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt the resolution entitled Additional Emergency Amendments to the Oneida
Personnel Policies and Procedures - Selection Policy
Sponsor: David P. Jordan, Councilman
B.
Adopt the resolution entitled Amendments to the Budget Management and Control
Law
Sponsor: David P. Jordan, Councilman
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May 11, 2022
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C.
Adopt the resolution entitled Amendments to the Oneida Nation Gaming Ordinance
Sponsor: David P. Jordan, Councilman
D.
Adopt the resolution entitled BIA Solid Waste Disposal FY22
Sponsor: Mark W. Powless, General Manager
E.
Adopt the resolution entitled Extension of Declaration of Public Health State of
Emergency Until July 22, 2022
Sponsor: Tehassi Hill, Chairman
F.
Adopt the resolution entitled Nomination of Tehassi Hill to the U.S. Government
Accountability Office Tribal Advisory Council
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
VIII.
STANDING ITEMS
A.
ARPA FRF and Tribal Contribution Savings Submissions
1.
IX.
Accept the Oneida Nation Student Relief Fund (SRF) Program follow-up report
Sponsor: Mark W. Powless, General Manager
TRAVEL REPORTS
A.
X.
Accept the April 20, 2022, regular Legislative Operating Committee meeting
minutes
Sponsor: David P. Jordan, Councilman
Approve the travel report - Councilwoman Marie Summers - Testimony before the
Senate Committee on Economic Disparity - Washington, D.C. - April 6-7, 2022
Sponsor: Marie Summers, Councilwoman
TRAVEL REQUESTS
A.
Approve the travel request - Chairman Tehassi Hill and Secretary Lisa Liggins National Congress of American Indians (NCAI) Mid Year Conference & Marketplace Anchorage, AL - June 12-16, 2022
Sponsor: Tehassi Hill, Chairman
B.
Approve the travel request - Councilman Daniel Guzman King - FY 2023 Bemidji
Area Pre-Negotiation meeting - Bloomington, MN - June 8-10, 2022
Sponsor: Daniel Guzman King, Councilman
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XII.
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C.
Approve the travel request - Councilman Daniel Guzman King - Local Government
and Advisory Committee (LGAC) and Small Community Advisory Subcommittee
(SCAS) public meeting - Washington, D.C. - June 22-24, 2022
Sponsor: Daniel Guzman King, Councilman
D.
Approve the travel request - Councilman Kirby Metoxen - Native American Tourism
of Wisconsin (NATOW) 2022 Annual Conference - Wabeno, WI - June 20-22, 2022
Sponsor: Kirby Metoxen, Councilman
NEW BUSINESS
A.
Review the March Sportsbook Rules of Play and determine next steps
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
B.
Review the April Sportsbook Rules of Play and determine next steps
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
REPORTS
A.
OPERATIONAL
1.
B.
Accept the Emergency Management Department FY-2022 2nd quarter report
Sponsor: Kaylynn Gresham, Director/Emergency Management
APPOINTED BOARDS, COMMITTEES, COMMISSIONS (2:30 p.m.)
1.
Accept the Anna John Resident Centered Care Community Board FY-2022
2nd quarter report
Sponsor: Kristin Jorgenson Dann, Chair/Anna John Resident Centered Care
Community Board
2.
Accept the Oneida Community Library Board FY-2022 2nd quarter report
memorandum
Sponsor: Brooke Doxtator, BCC Supervisor
3.
Accept the Oneida Environmental Resources Board FY-2022 quarterly report
memorandum
Sponsor: Brooke Doxtator, BCC Supervisor
4.
Accept the Oneida Nation Arts Board FY-2022 2nd quarter report
Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board
5.
Accept the Oneida Nation Veteran Affairs Committee FY-2022 2nd quarter
report
Sponsor: Gerald Cornelius, Chair/Oneida Nation Veteran Affairs Committee
6.
Accept the Oneida Personnel Commission FY-2022 2nd quarter report
memorandum
Sponsor: Twylite Moore, Chair/Oneida Personnel Commission
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C.
D.
7.
Accept the Oneida Police Commission FY-2022 2nd quarter report
Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission
8.
Accept the Pardon and Forgiveness Screening Committee FY-2022 2nd
quarter report
Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee
9.
Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board
FY-2022 2nd quarter report
Sponsor: Diane Hill, Chair/Southeastern Wisconsin Oneida Tribal Services
Advisory Board
ELECTED BOARDS, COMMITTEES, COMMISSIONS (3:00 p.m.)
1.
Accept the Oneida Election Board FY-2022 2nd quarter report
Sponsor: Pamela Nohr, Chair/Oneida Election Board
2.
Accept the Oneida Gaming Commission FY-2022 2nd quarter report
Sponsor: Mark A. Powless, Chair/Oneida Gaming Commission
3.
Accept the Oneida Land Claims Commission FY-2022 2nd quarter report
Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission
4.
Accept the Oneida Land Commission FY-2022 2nd quarter report
Sponsor: Rebecca Webster, Chair/Oneida Land Commission
5.
Accept the Oneida Nation Commission on Aging FY-2022 2nd quarter report
Sponsor: Carole Liggins, Chair/Oneida Nation Commission on Aging
6.
Accept the Oneida Nation School Board FY-2022 2nd quarter report
Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board
7.
Accept the Oneida Trust Enrollment Committee FY-2022 2nd quarter report
Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee
STANDING COMMITTEES
1.
Accept the Community Development Planning Committee FY-2022 2nd
quarter report
Sponsor: Brandon Stevens, Vice-Chairman
2.
Accept the Finance Committee FY-2022 2nd quarter report
Sponsor: Tina Danforth, Treasurer
3.
Accept the Legislative Operating Committee FY-2022 2nd quarter report
Sponsor: David P. Jordan, Councilman
4.
Accept the Quality of Life Committee FY-2022 2nd quarter report
Sponsor: Marie Summers, Councilwoman
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E.
OTHER
1.
XIII.
GENERAL TRIBAL COUNCIL
A.
XIV.
Accept the Oneida Youth Leadership Institute FY-2022 2nd quarter report
Sponsor: Mark W. Powless, General Manager
Approve the notice and packet for the June 21, 2022, tentatively scheduled special
General Tribal Council meeting
Sponsor: Lisa Liggins, Secretary
EXECUTIVE SESSION
A.
B.
C.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report (9:30 a.m.)
Sponsor: Mark W. Powless, General Manager
3.
Accept the Gaming General Manager FY-2022 2nd quarter report (8:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
4.
Accept the Retail Enterprise FY-2022 2nd quarter report (9:00 a.m.)
Sponsor: Debra Powless, Retail General Manager
5.
Accept the Human Resources FY-2022 2nd quarter report (10:00 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
AUDIT COMMITTEE
1.
Accept the March 17, 2022, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the Audit Committee FY-2022 2nd quarter report
Sponsor: David P. Jordan, Councilman
3.
Accept the Four Card Poker Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
NEW BUSINESS
1.
Approve the BC DR05 contract amendments - file #2016-0862 (10:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
2.
Approve the BC DR08 contract amendments - file # 2021-0256 (10:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
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3.
Approve the BC DR09 contract amendments - file # 2021-0563 (10:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
4.
Accept the April 4, 2022, BC Officer meeting notes
Sponsor: Danelle Wilson, Executive Assistant
5.
Accept the May 2, 2022, BC Officer meeting notes
Sponsor: Danelle Wilson, Executive Assistant
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or
(800) 236-2214
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Regular Meeting Agenda
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Oneida Nation Arts Board - Stacie Cutbank
Business Committee Agenda Request
1. Meeting Date Requested:
05/11/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Bonnie Pigman, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BPIGMAN
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
May 3, 2022
RE:
Oath of Office – Oneida Nations Arts Board
Background
On April 27, 2022, the Oneida Business Committee appointed Stacie Cutbank to the Oneida
Nations Arts Board.
A good mind. A good heart. A strong fire.
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Approve the April 27, 2022, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
05/11/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CELLIS1
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DRAFT
Oneida Business Committee
Executive Session
8:30 AM Tuesday, April 26, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, April 27, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary Lisa Liggins, Council
members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;
Not Present: Chairman Tehassi Hill;
Others present: Jo Anne House, Larry Barton, Louise Cornelius, Todd VanDen Heuvel, Debra
Powless, Katsitsiyo Danforth, Kaylynn Gresham, Danelle Wilson, Kristal Hill, Rae Skenandore, Amy
Spears, Justin Nishimoto, Loucinda Conway, Lisa Summers, Ralinda Ninham-Lamberies, Chad Fuss,
Shane Archiquette, Nicole Rommel, Jeffrey Carlson, Jacque Boyle, Mercie Danforth, Melanie
Burkhart, Jason Doxtator, Eric Bristol, Josephine Skenandore, Tana Aguirre, Brandon Wisneski,
Jameson Wilson;
REGULAR MEETING
Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Secretary Lisa Liggins, Council members:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;
Not Present: Vice-Chairman Brandon Stevens;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Mark W. Powless (via Microsoft Teams1), Louise
Cornelius (via Microsoft Teams), Todd VanDen Heuvel (via Microsoft Teams), Katsitsiyo Danforth (via
Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams),
Kristal Hill (via Microsoft Teams), Amy Spears (via Microsoft Teams), Justin Nishimoto (via Microsoft
Teams), Rae Skenandore (via Microsoft Teams), Loucinda Conway (via Microsoft Teams), Clorissa
Santiago (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Melanie Burkhart (via Microsoft
Teams), Nicole Rommel (via Microsoft Teams), Jacque Boyle (via Microsoft Teams), Debra Danforth (via
Microsoft Teams), Jameson Wilson (via Microsoft Teams), Patricia King (via Microsoft Teams), Debbie
Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis (via Microsoft
Teams), Mike Debraska (via Microsoft Teams), Shannon Wienandt (via Microsoft Teams), Pearl Webster,
Tony Smith, Tom Tilkens, Aliskwet Ellis;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.
For the record: Treasurer Tina Danforth, Councilman David P. Jordan, and Councilwoman Jennifer
Webster will be excused at 10:00 a.m. for a funeral. Vice-Chairman Brandon Stevens is out on
approved travel.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
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DRAFT
II.
OPENING (00:00:12)
Opening provided by Councilman Kirby Metoxen.
III.
ADOPT THE AGENDA (00:00:37)
Motion by Marie Summers to adopt the agenda with three (3) changes [1) add section entitled
Resolutions; 2) under the Resolutions section, add item entitled Adopt the resolution entitled Approval
of Participation in Research Study on Fall Prevention among Native Elders; and 3) address item X.A.
Approve Use of Economic Development, Diversification and Community Development Funds for a
Donation of $300,000 to Safe Shelter, Inc. at 11:00 a.m.], seconded by Jennifer Webster. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
IV.
OATH OF OFFICE
A.
Anna John Resident Centered Care Community Board - Brenda
VandenLangenberg (00:03:31)
Sponsor: Lisa Liggins, Secretary
For the record: Brenda VandenLagenberg took her oath of office on April 7, 2022, in accordance with
§105.9-1 (b) of the Boards, Committees, and Commissions law.
V.
MINUTES
A.
Approve the April 13, 2022, regular Business Committee meeting minutes
(00:04:19)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the April 13, 2022, regular Business Committee meeting
minutes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
VI.
RESOLUTIONS
A.
Adopt resolution entitled Approval of Participation in Research Study on Fall
Prevention among Native Elders (00:04:47)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution 04-27-22-A Approval of Participation in Research Study
on Fall Prevention among Native Elders, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
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DRAFT
VII.
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Audit Committee (00:05:29)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to appoint James Skenandore Jr. to the Audit Committee with a term ending
March 31, 2025, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
B.
Determine next steps regarding two (2) vacancies - Oneida Nation Arts Board
(00:06:17)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to appoint Stacie Cutbank to the Oneida Nation Arts Board with a term ending
March 31, 2025, and to request the Secretary to re-post the remaining vacancy, seconded by David P.
Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
C.
Determine next steps regarding one (1) seat - University of Wisconsin Green Bay
Council of Trustees (00:06:59);(00:50:48)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Lisa Liggins to defer item VII.C. Determine next steps regarding one (1) seat - University of
Wisconsin Green Bay Council of Trustees until after Executive Session, seconded by Marie Summers.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
Item VIII.A.1. was addressed next.
Motion by Lisa Liggins to nominate Nathan King to the University of Wisconsin Green Bay Council of
Trustees and to direct the Chairman to formally inform the Chancellor of this nomination, seconded by
Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Liggins to direct Intergovernmental Affairs Director to include the annual contribution of
$1,000 in the Legislative Affairs budget, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Item X.A. was addressed next.
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DRAFT
VIII.
STANDING COMMITTEES
A.
COMMUNITY DEVELOPMENT PLANNING COMMITTEE
1.
Accept the March 3, 2022, regular Community Development Planning
Committee meeting minutes (00:07:29)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Marie Summers to accept the March 3, 2022, regular Community Development Planning
Committee meeting minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
B.
FINANCE COMMITTEE
1.
Accept the March 28, 2022, regular Finance Committee meeting minutes
(00:07:56)
Sponsor: Tina Danforth, Treasurer
Motion by Marie Summers to accept the March 28, 2022, regular Finance Committee meeting minutes,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
2.
Accept the April 18, 2022, regular Finance Committee meeting minutes
(00:08:19)
Sponsor: Tina Danforth, Treasurer
Motion by Marie Summers to accept the April 18, 2022, regular Finance Committee meeting minutes,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
C.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the April 6, 2022, regular Legislative Operating Committee meeting
minutes (00:08:41)
Sponsor: David P. Jordan, Councilman
Motion by Marie Summers to accept the April 6, 2022, regular Legislative Operating Committee
meeting minutes, seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
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DRAFT
IX.
STANDING ITEMS
A.
ARPA FRF and Tribal Contribution Savings Submissions
No submissions to consider.
B.
Accept the CIP # 07-009 - Building Demolitions April 2022 status report (00:09:10)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the CIP # 07-009 - Building Demolitions April 2022 status report,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
Item XI.A. was addressed next.
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DRAFT
X.
UNFINISHED BUSINESS
A.
Approve Use of Economic Development, Diversification and Community
Development Funds for a Donation of $300,000 to Safe Shelter, Inc. (00:51:51)
Sponsor: Rae Skenandore, Budget Analyst
Motion by Lisa Liggins to adopt resolution 04-27-22-B Approve Use of Economic Development,
Diversification and Community Development Funds for a Donation of $150,000 to Safe Shelter, Inc.
with two (2) noted changes [1) in lines 2, 50, and 54, change the dollar amount from $300,000 to
$150,000; and 2) add an additional resolve "BE IT FINALLY RESOLVED, that the Safe Shelter Inc.
shall provide a written report to the Quality of Life Committee identifying the impact of funding received
and actions taken to meet future needs at the August 2022 Quality of Life meeting.", seconded by
Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen
Opposed:
Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Daniel Guzman King that the Business Committee requires that a short and long term
strategic plan be presented from the Safe Shelter, Inc. before any further monetary requests are made
to the Nation, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen
Abstained:
Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Liggins to direct the Review Team as identified in BC Resolution # 05-26-21-B to work
with Councilman Daniel Guzman King to develop recommendations which separate allocations
between economic and community development projects as it relates to the Economic Development,
Diversification and Community Development Fund, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen
Abstained:
Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Liggins to rescind BC Resolution # 08-28-19-A [Approval of Use of Economic
Development, Diversification and Community Development Fund for Project ED19-015, Oneida
Homeless – Day Warming Shelter], seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen
Abstained:
Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Item XV. was addressed next.
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DRAFT
XI.
TRAVEL REQUESTS
A.
Approve the travel request - Councilwoman Marie Summers - Inter-Tribal Task
Force (ITTF) meeting - Lac Du Flambeau, WI - May 11-12, 2022 (00:10:01)
Sponsor: Marie Summers, Councilwoman
Motion by Kirby Metoxen to approve the travel request for Councilwoman Marie Summers to attend the
Inter-Tribal Task Force (ITTF) meeting in Lac Du Flambeau, WI - May 11-12, 2022, seconded by David
P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Jennifer Webster
Abstained:
Marie Summers
Not Present:
Brandon Stevens
B.
Approve the travel request - Councilwoman Marie Summers - Reservation
Economic Summit "RES 2022" - Las Vegas, NV - May 23-26, 2022 (00:10:40)
Sponsor: Marie Summers, Councilwoman
Motion by Lisa Liggins to approve the travel request for Councilwoman Marie Summers and up to two
(2) additional council members to attend the Reservation Economic Summit "RES 2022" in Las Vegas,
NV - May 23-26, 2022, seconded by Daniel Guzman King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
C.
Approve the travel request - Councilwoman Jennifer Webster - Administration for
Children and Families (ACF) Tribal Advisory Committee meeting - Washington,
D.C. - June 21-24, 2022 (00:12:04)
Sponsor: Jennifer Webster, Councilwoman
Motion by David P. Jordan to approve the travel request for Councilwoman Jennifer Webster to attend
the Administration for Children and Families (ACF) Tribal Advisory Committee meeting in Washington,
D.C. - June 21-24, 2022, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers
Abstained:
Jennifer Webster
Not Present:
Brandon Stevens
D.
Approve the travel request - Councilwoman Jennifer Webster - 2022 Tribal SelfGovernance Conference - Burlingame, CA - July 31-Aug 5, 2022 (00:12:43)
Sponsor: Jennifer Webster, Councilwoman
Motion by Marie Summers to approve the travel request for Councilwoman Jennifer Webster to attend
the 2022 Tribal Self-Governance Conference in Burlingame, CA - July 31-Aug 5, 2022, seconded by
David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers
Abstained:
Jennifer Webster
Not Present:
Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 13
April 27, 2022
Public Packet
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DRAFT
E.
Enter the e-poll results into the record regarding the approved travel request for
Councilman Kirby Metoxen to attend 2022 AIANTA Board Retreat in Albuquerque,
NM - May 02-05, 2022 (00:13:19)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to enter the e-poll results into the record regarding the approved travel
request for Councilman Kirby Metoxen to attend 2022 AIANTA Board Retreat in Albuquerque, NM May 02-05, 2022, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers, Jennifer Webster
Abstained:
Kirby Metoxen
Not Present:
Brandon Stevens
XII.
NEW BUSINESS
A.
Approve an exception to resolution # BC-01-12-22-A and start the regular
Business Committee meeting on May 11, 2022, at 1:00 p.m. (00:14:00)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to approve an exception to resolution # BC-01-12-22-A and start the regular
Business Committee meeting on May 11, 2022, at 1:00 p.m., seconded by Kirby Metoxen. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
B.
Approve an exception to resolution # BC-01-12-22-A and cancel two (2) scheduled
items (00:14:36)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to approve an exception to resolution # BC-01-12-22-A and cancel the
executive session discussion on June 21, 2022, and the regular Business Committee meeting on June
22, 2022, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
C.
Post one (1) vacancy - Oneida Nation School Board (00:16:33)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to post one (1) vacancy for the Oneida Nation School Board, seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 13
April 27, 2022
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DRAFT
D.
Post one (1) vacancy - Oneida Personnel Commission (00:16:50)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to post one (1) vacancy for the Oneida Personnel Commission, seconded
by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
E.
Enter the e-poll results into the record regarding the approved recommendation to
transfer ticket distribution to Oneida Retail and other Tribal businesses in lieu of
Joint Marketing being no longer active (00:17:08)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to enter the e-poll results into the record regarding the approved
recommendation to transfer ticket distribution to Oneida Retail and other Tribal businesses in lieu of
Joint Marketing being no longer active, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
XIII.
REPORTS
A.
OPERATIONAL
Councilman Daniel Guzman King left at 8:54 a.m.
1.
Accept the Big Bear Media FY-2022 2nd quarter report (00:21:25)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Big Bear Media FY-2022 2nd quarter report, seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Brandon Stevens
2.
Accept the Comprehensive Health Division FY-2022 2nd quarter report
(00:22:42)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Comprehensive Health Division FY-2022 2nd quarter report,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 13
April 27, 2022
Public Packet
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DRAFT
3.
Accept the Digital Technology Services FY-2022 2nd quarter report (00:23:19)
Sponsor: Mark W. Powless, General Manager
Councilman Daniel Guzman King returned at 9:00 a.m.
Motion by David P. Jordan to accept the Digital Technology Services FY-2022 2nd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
4.
Accept the Education & Training FY-2022 2nd quarter report (00:33:19)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Education & Training FY-2022 2nd quarter report, seconded
by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
5.
Accept the Environmental, Health, Safety, Land & Agriculture Division FY-2022
2nd quarter report (00:34:05)
Sponsor: Mark W. Powless, General Manager
Motion by Kirby Metoxen to accept the Environmental, Health, Safety, Land & Agriculture Division FY2022 2nd quarter report, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
6.
Accept the Governmental Services Division FY-2022 2nd quarter report
(00:41:00)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Governmental Services Division FY-2022 2nd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
7.
Accept the Grants FY-2022 2nd quarter report (00:42:19)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Grants FY-2022 2nd quarter report, seconded by David P. Jordan.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 13
April 27, 2022
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DRAFT
8.
Accept the Public Works Division FY-2022 2nd quarter report (00:42:57)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Public Works Division FY-2022 2nd quarter report, seconded
by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
9.
Accept the Tribal Action Plan FY-2022 2nd quarter report (00:44:58)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Tribal Action Plan FY-2022 2nd quarter report, seconded by
Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
XIV.
EXECUTIVE SESSION (00:46:30)
Motion by Kirby Metoxen to go into executive session at 9:20 a.m., seconded by Daniel Guzman King.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
Councilman David P. Jordan left at 9:53 a.m.
Treasurer Tina Danforth and Councilwoman Jennifer Webster left at 10:00 a.m.
Motion by Daniel Guzman King to come out of executive session at 10:51 a.m., seconded by Kirby
Metoxen. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
A.
REPORTS
1.
Accept the Chief Counsel report (00:47:47)
Sponsor: Jo Anne House, Chief Counsel
Motion by Marie Summers to accept the Chief Counsel report, seconded by Daniel Guzman King.
Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Marie Summers to accept the report regarding contract # 2022-0284 and to direct the
Intergovernmental Affairs and Communications Office to continue negotiations, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 11 of 13
April 27, 2022
Public Packet
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DRAFT
2.
Accept the General Manager report (00:48:22)
Sponsor: Mark W. Powless, General Manager
Motion by Kirby Metoxen to accept the General Manager report, seconded by Marie Summers. Motion
carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
April 2022 report (00:48:37)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Kirby Metoxen to accept the Intergovernmental Affairs, Communications, and SelfGovernance April 2022 report, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
4.
Accept the Chief Financial Officer April 2022 report (00:48:53)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Marie Summers to accept the Chief Financial Officer April 2022 report, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
5.
Accept the Treasurer's March 2022 report (00:49:07)
Sponsor: Tina Danforth, Treasurer
Motion by Marie Summers to accept the Treasurer's March 2022 report, seconded by Daniel Guzman
King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
B.
NEW BUSINESS
1.
Review application for one (1) vacancy - Audit Committee (00:49:21)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to accept the discussion regarding the application for the Audit Committee
vacancy as information, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
2.
Review application(s) for two (2) vacancies - Oneida Nation Arts Board
(00:49:37)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to accept the discussion regarding the application for the Oneida Nation
Arts Board vacancies as information, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 13
April 27, 2022
Public Packet
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DRAFT
3.
Review resume(s) for one (1) seat - University of Wisconsin Green Bay Council
of Trustees (00:49:52)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Marie Summers to accept the discussion regarding the resumes for the University of
Wisconsin Green Bay Council of Trustees vacant seat as information, seconded by Daniel Guzman
King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
4.
Enter the e-poll results into the record regarding the approved recommendation
of the General Manager related to an employment contract provided in the
report dated April 15, 2022 (00:50:19)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved
recommendation of the General Manager related to an employment contract provided in the report
dated April 15, 2022, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Item VII.C. was re-addressed next.
XV.
ADJOURN (02:05:20)
Motion by Daniel Guzman King to adjourn at 12:09 p.m., seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Marie Summers
Not Present:
Tina Danforth, David P. Jordan, Brandon Stevens, Jennifer Webster
Minutes prepared by Aliskwet Ellis, Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 13 of 13
April 27, 2022
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Adopt the resolution entitled Additional Emergency Amendments to the Oneida Personnel Policies and...
Business Committee Agenda Request
1. Meeting Date Requested:
05/11/22
2. Session:
☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Adopt the resolution titled, Additional Emergency Amendments to the Oneida Personnel
Policies and Procedures – Selection Policy
4. Areas potentially impacted or affected by this request:
☐ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: Legislative Operating
☐ Programs/Services
☐ MIS
☐ Boards, Committees, or Commissions
Committee
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 11/15/2021
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6. Supporting Documents:
☐ Bylaws
☐ Fiscal Impact Statement
☐ Contract Document(s) ☒ Law
☒ Correspondence
☐ Legal Review
☐ Draft GTC Notice
☐ Minutes
☐ Draft GTC Packet
☐ MOU/MOA
☐ E-poll results/back-up ☐ Petition
☒ Other: Legislative Analysis
☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☒ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
David P. Jordan, Councilman
Primary Requestor:
Clorissa N. Santiago, LRO Senior Staff Attorney
Revised: 11/15/2021
Page 2 of 2
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Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Additional Emergency Amendments to the
Oneida Personnel Policies and Procedures – Selection Policy
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Personnel Policies and Procedures (“the Law”) sets forth the Nation’s various
employment related policies and procedures; and
WHEREAS,
Section III of the Law specifically governs the hiring selection policy for employment with
the Nation; and
WHEREAS,
on November 24, 2021, the Oneida Business Committee adopted emergency amendments
to the Law through the adoption of resolution BC-11-24-21-A to improve the Nation’s hiring
capacity and service delivery in the tight labor markets that have resulted from the COVID19 pandemic; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was subsequently extended by the Oneida Business
Committee until May 23, 2022, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and
BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-1124-21-F, BC-01-12-22-B, and BC-03-23-22-A; and
WHEREAS,
the COVID-19 pandemic interrupted many business operations and had vast effects on
employment throughout the country; and
WHEREAS,
since the emergency amendments to the Law were adopted through resolution BC-11-2421-A, it became clear that additional emergency amendments to the Oneida Personnel
Policies and Procedures would be necessary to clarify inconsistencies that arose as a
result of the last emergency amendments; and
WHEREAS,
additional emergency amendments to the Law are being sought to maintain the current
emergency amendments, and provide additional clarifications on the appeal rights and
payout of accrued vacation/personal time of a terminated employee in their original
probation period, to improve the Nation’s hiring capacity and service delivery in the tight
labor markets that have resulted from the COVID-19 pandemic; and
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BC Resolution _____________
Emergency Amendments to the Oneida Personnel Policies and Procedures – Selection Policy
Page 2 of 2
WHEREAS,
the emergency amendments to the Law will clarify that termination of an employee for
cause during their original probationary period shall not be subject to appeal; and
WHEREAS,
the emergency amendments to the Law will clarify that employees who are terminated
during the original probation period shall not be paid for any unused accrued vacation or
personal days in their final paycheck; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the adoption of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
the emergency adoption of amendments to this Law are necessary for the preservation of
the general welfare of the Reservation population in order to continue to simplify the
Nation’s hiring selection procedures so they are more effective so that the Nation can
improve its hiring capacity and service delivery during increasingly tight labor markets that
have resulted from the COVID-19 pandemic; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest and the process
and requirements of the Legislative Procedures Act cannot be completed in time to allow
the Nation the ability to adequately address its hiring selection procedures in the tight labor
markets resulting from the COVID-19 pandemic; and
WHEREAS,
adoption of emergency amendments to this Law would remain in effect for a period of six
(6) months, renewable by the Oneida Business Committee for an additional six (6) month
term; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendments to the Oneida Personnel Policies and Procedures effective immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Additional Emergency Amendments to the
Oneida Personnel Policies and Procedures – Selection Policy
Summary
This resolution adopts additional emergency amendments to the Oneida Personnel Policies and
Procedures.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: April 29, 2022
Analysis by the Legislative Reference Office
This resolution adopts additional emergency amendments to the Oneida Personnel Policies and
Procedures (“the Law”). The Law sets forth the Nation’s various employment related policies and
procedures, with Section III specifically governing the hiring selection policy or employment with
the Nation. Additional emergency amendments to the Law are being sought to maintain the current
emergency amendments, and provide additional clarifications on the appeal rights and payout of
accrued vacation/personal time of a terminated employee in their original probation period, to
improve the Nation’s hiring capacity and service delivery in the tight labor markets that have
resulted from the COVID-19 pandemic by:
Clarifying that termination of an employee for cause during their original probationary
period shall not be subject to appeal. [OPPP Section III.D.1.c]; and
Clarifying that employees who are terminated during their original probation period shall
not be paid for any unused accrued vacation or personal days in their final paycheck.
[OPPP Section IV.A.5.h.2].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].
In accordance with the Emergency Management and Homeland Security law, on March 12, 2020,
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding
COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.
[3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has since been extended
until May 23, 2022, by the Oneida Business Committee through the adoption of resolutions BC03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F,
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BC-01-12-22-B, and BC-03-23-22-A. The COVID-19 pandemic interrupted many business
operations and had vast effects on employment throughout the country.
The resolution provides that the emergency amendments to this Law are necessary for the
preservation of the general welfare of the Reservation population in order to simplify and clarify
the Nation’s hiring selection procedures so they are more effective so that the Nation can improve
its hiring capacity and service delivery during increasingly tight labor markets that have resulted
from the COVID-19 pandemic.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this Law would be contrary to public interest and the process and requirements of the
LPA cannot be completed in time to allow the Nation the ability to adequately address its hiring
selection procedures in the tight labor markets resulting from the COVID-19 pandemic.
The adoption of emergency amendments to this Law will take effect immediately upon adoption
by the Oneida Business Committee. The emergency amendments to the Law will remain effective
for six (6) months. The LPA provides the possibility to extend the emergency amendments for an
additional six (6) months, or until the emergency amendments expire or are permanently adopted.
[1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws
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Analysis to Emergency Draft 1
2022 05 11
EMERGENCY AMENDMENTS TO
ONEIDA PERSONNEL POLICIES
AND PROCEDURES
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Analysis by the Legislative Reference Office
Provide additional clarification to eliminate inconsistencies that arose as
a result of the last emergency amendments through resolution BC-11-2421-A.
Clarify that termination of an employee for cause during their original
probationary period shall not be subject to appeal; and
Clarify that employees who are terminated during their original
probation period shall not be paid for any unused accrued vacation or
personal days in their final paycheck.
Maintain the current emergency amendments which:
Update the Nation’s Personnel Policies and Procedures using current
interpretations, language, and technology to minimize the time to hire
employees from post to hire in a tight labor market;
Remove language stating that knowledge of Oneida culture can be
attained only by membership (or eligibility for membership) in the
Oneida Nation;
Add language to state that the Personnel Commission is directed to
comply with the Oneida Personnel Commission Bylaws;
Update the applications policy to require all applications for
employment vacancies to be submitted online;
Change the guidelines for advertising position vacancies to require
one posting for position vacancies open to both enrolled Oneida
members and the general public;
Add guidelines for screening to require applicants who are enrolled
members of the Oneida Nation to be screened and interviewed prior
to any other applicants;
Include a definition for “conflict of interest”;
Add language to clarify that no applicant interview shall take place
without an HRD Representative present;
Revise the selection policy to provide the supervisor with the next
two (2) ranked candidates should the supervisor’s first choice refuse
the offer;
Revise the selection policy to remove requirement of offering chosen
candidates the position within five (5) days;
Remove the section regarding bidding for internal job postings; and
Remove the wage deduction for probationary employees.
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.
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Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Personnel Policies and Procedures provides 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.
B. Emergency Amendments through BC-11-24-21-A. On August 18, 2021, the Legislative Operating
Committee considered a request for amendments to the Oneida Personnel Policies and Procedures from
the Human Resources Department to address the selection policy in an effort to update the Oneida
Personnel Policies & Procedures using current interpretations, language and technology to improve
minimize the time to hire employees from post to hire in a tight labor market. The Legislative Operating
Committee determined these amendments should be pursued on an emergency basis for the immediate
preservation of the general welfare of the Reservation population. The Oneidas Business Committee
adopted emergency amendments to the Oneida Personnel Policies and Procedures through the adoption
of resolution BC-11-24-21-A to improve the Nation’s hiring capacity and service delivery in the tight
labor markets that have resulted from the COVID-19 pandemic. These emergency amendments are set
to expire on May 24, 2022.
C. Additional Emergency Amendments Sought. When discussing the potential six (6) month extension
of the emergency amendments to the Oneida Personnel Policies and Procedures the Legislative
Operating Committee determined it was necessary to seek additional emergency amendments to the
Oneida Personnel Policies and Procedures to clarify inconsistencies that arose as a result of the last
emergency amendments.
SECTION 3. CONSULTATION AND OUTREACH
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Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Human Resources Department.
The Legislative Operating Committee has held the following work meetings specific to the proposed
additional emergency amendments to this Law:
11/30/21: Work meeting with HRD.
12/15/21: LOC Work Session.
4/20/22: LOC Work Session.
SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency law where legislation is necessary for the immediate preservation of
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public health, safety, or general welfare of the Reservation population and enactment or amendment of
legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].
The emergency adoption of amendments to this Law are necessary for the preservation of the
general welfare of the Reservation population in order to simplify the Nation’s hiring selection
procedures so they are more effective so that the Nation can improve its hiring capacity and service
delivery during increasingly tight labor markets that have resulted from the COVID-19 pandemic.
Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest and the process and
requirements of the Legislative Procedures Act cannot be completed in time to allow the Nation
the ability to adequately address its hiring selection procedures in the tight labor markets resulting
from the COVID-19 pandemic.
B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of this Law.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The proposed emergency amendments provide additional clarification to eliminate inconsistencies that
arose as a result of the last emergency amendments through resolution BC-11-24-21-A.
Appeal Rights of a Terminated Probationary Employee. The proposed emergency amendments
to the Law clarify that the termination of an employee for cause during their original probationary
period shall not be subject to appeal. [Section III.D.1.c]. Prior to the emergency amendments made
through resolution BC-11-24-21-A, the Oneida Personnel Policies and Procedures provided that
the termination of a probationary employee for cause was subject to appeal. The emergency
amendments to the Oneida Personnel Policies and Procedures made through resolution BC-11-2421-A eliminated the provision which stated that the termination of a probationary employee for
cause was subject to appeal.
Effect. When the emergency amendments made through resolution BC-11-24-21-A eliminated
the provision which stated that the termination of a probationary employee for cause was
subject to appeal, the intent was that these terminations would no longer be subject to appeal.
This emergency amendment created confusion that needed clarification because Section V of
the Law still discussed the appeal rights of all employees, so it was not clear that probationary
employees terminated for cause did not have appeal rights. The proposed emergency
amendment to the Law provides the necessary clarification that states the termination of an
employee for cause during their original probationary period shall not be subject to appeal.
Non-Payment of Accrued Personal and Vacation Time. The proposed emergency amendments
to the Oneida Personnel Policies and Procedures clarify that employees who are terminated during
their original probation period shall not be paid for any unused accrued vacation or personal days
in their final paycheck. [Section IV.A.5.h.2]. Prior to the emergency amendments made through
resolution BC-11-24-21-A, the Oneida Personnel Policies and Procedures provided that employees
who are terminated during the probationary period will receive credit for accrued vacation/personal
days in their final paycheck. The emergency amendments to the Oneida Personnel Policies and
Procedures made through resolution BC-11-24-21-A eliminated the provision which stated that
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employees who are terminated during the probationary period will receive credit for accrued
vacation/personal days in their final paycheck.
Effect. Although the emergency amendments made through resolution BC-11-24-21-A
eliminated the provision which stated that employees who are terminated during the
probationary period will receive credit for accrued vacation/personal days in their final
paycheck, with the intent that employees who are terminated during the probationary period
would no longer receive credit for accrued vacation/personal days in their final pay check, an
inconsistency with Section IV.A.5.h was erroneously created. Section IV.A.5.h of the Oneida
Personnel Policies and Procedures stated that upon termination from Oneida Nation
employment, employees will be paid for any unused personal and/or vacation days. This
provision was inconsistent with the intent of the emergency amendments. The proposed
additional emergency amendments to the Oneida Personnel Policies and Procedures clarifies
that employees who are terminated during their original probation period shall not be paid for
any unused accrued vacation or personal days in their final paycheck. [Section IV.A.5.h.2].
B. The proposed emergency amendments maintain the current emergency amendments which were
adopted through resolution BC-11-24-21-A and included the following revisions:
Oneida Preference and Indian Preference Statement of Policy. The proposed amendments alter
the language of the Oneida Preference and Indian Preference Statement of Policy to state that a
highly desirable employment characteristic is knowledge of Oneida culture [Section III(A)].
Previously, this section stated that knowledge of Oneida culture can be attained only by
membership (or eligibility for membership) in the Oneida Nation [Section III(A)].
Effect: Language stating that knowledge of Oneida culture can only be attained by
membership (or eligibility for membership) is removed due to the belief that knowledge of
the Oneida culture may be attained in other ways.
Hiring Guidelines. The proposed emergency amendments add language to state that the
Personnel Commission is directed to comply with the Oneida Personnel Commission Bylaws
[Section III(B)(2)(b)(1)(a)(iii)].
Effect: The Personnel Commission will comply with the Oneida Personnel Commission
Bylaws to represent the Oneida Community-at-large in the selection of employees of the
Nation.
Applications. The proposed emergency amendments update the policy for applications to require
all applications to be submitted online [Section III(B)(3)(d)(2)]. Previously, hand-delivered
applications were accepted at the HRD Office until 4:30 p.m. on the deadline date [Section
III(B)(3)(d)(2)].
Effect: Applications for employment vacancies will only be accepted online in order to
minimize the time to hire employees from post to hire in a tight labor market.
Advertising. The proposed emergency amendments change the guidelines for advertising position
vacancies so that there is one posting for position vacancies open to both enrolled Oneida
members and the general public [Section III(B)(2)(e)(2)]. Previously, there were two separate
postings; the first post was limited to enrolled Oneida members and was required to be posted for
a minimum of seven (7) calendar days, and the second post was open to the general public and
was required to be posted for a minimum of ten (10) days [Section III(B)(2)(e)].
Effect. Only one (1) posting for tribal members and the general public will be required for
position vacancies, unless the position is required to be filled by an enrolled member of the
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Oneida Nation. This will reduce the time that position vacancies are required to be posted,
thus minimizing the time to hire employees from post to hire in a tight labor market. Position
vacancies will now be posted for a minimum of seven (7) calendar days to the general public,
rather than seven (7) calendar days for enrolled Oneida members and an additional ten (10)
calendar days for the general public.
Screening. The proposed emergency amendments add guidelines for screening so that applicants
who are enrolled members of the Oneida Nation shall be screened and interviewed prior to any
other applicants. If the screening and interviewing of the applicants who are enrolled members of
the Oneida Nation did not result in the position vacancy being filled, then all other applicants may
be screened and interviewed [Section III(B)(2)(f)(1)].
Effect. Applicants who are enrolled members of the Oneida Nation will be given priority over
the general public to be screened and interviewed for vacant positions.
Definition for “Conflict of Interest”. The proposed emergency amendments include a definition
for “conflict of interest”, as defined in the Conflict of Interest law. Conflict of interest is defined
as: a) Any interest, real or apparent, whether it be personal, financial, political, or otherwise, held
by an elected official, officer, political appointee, employee, consultant, or appointed or elected
member. b) Immediate family members, friends or associates, or any other person with whom they
have contact, that conflicts with any right of the Nation to property, information. c) Any other right
to own and operate activities free from undisclosed competition or other violation of such rights of
the Nation. d) This is not an all-inclusive list [Section III(B)(2)(f)(3)].
Effect. The definition for “conflict of interest” is added, as defined in the Conflict of Interest
Law.
Applicant Interviews. The proposed emergency amendments add language to state that no
interview shall take place without an HRD Representative present [Section III(B)(2)(g)(2)].
Effect. Interviews will not take place without an HRD Representative present to ensure all
procedures are followed.
Selection. The proposed emergency amendments change the language of the selection policy to
state that the HRD Office will notify and offer the position to the selected candidate, and should
the supervisor’s first choice refuse the offer, the HRD Office will provide the supervisor with the
next two ranked candidates to choose from [Section III(B)(h)(1)(c)]. The proposed emergency
amendments also remove the requirement to list all newly hired employees in the HR newsletter.
Previously, the policy stated that the HRD Office will notify the selected candidate and offer the
candidate the job within five (5) working days of the selection decision by the supervisor, and
should the supervisor’s first choice refuse the office, the HRD Office will offer the job to the second
ranked candidate [Section III(B)(h)(1)(c)]. All newly hired employees were listed in the HR
newsletter [Section III(B)(h)(4)].
Effect. The HRD Office will not be required to offer the chosen candidate the job within five
(5) working days of the selection decision by the supervisor. Should the supervisor’s first
choice refuse the offer, the HRD Office will provide the supervisor with the next two ranked
candidates rather than automatically offering the job to the second ranked candidate.
Bidding. The proposed emergency amendments remove the section regarding bidding for internal
job postings. Previously, Oneida Nation employees could bid for transfers by notifying their
immediate supervisor and submitting an Application Form to the HRD Office [Section
III(C)(a)(3)].
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Effect. Employees will not be able to bid for transfers.
Interim Position Reassignments. The proposed emergency amendments add a section regarding
interim position reassignments. Interim position reassignments may be processed to fill a position
in which the previous employee is in the appeals process, on a leave of absence, or for a vacant
position [Section III(C)(2)(c)(1)].
Effect: Supervisors may fill vacant positions through interim position reassignments.
Status as a Probationary Employee. The proposed emergency amendments eliminate the wage
deduction for probationary employees. The proposed amendments also eliminate the section stating
that employees who are terminated during the probation period will receive credit for accrued
vacation/personal days in their final paycheck. Previously, employees were paid at five percent
(5%) below the posted pay rate for the position during their probationary period [Section
III(D)(b)(a)]. New employees hired under a negotiated salary received a salary one step below the
agreed upon salary during the probationary period [Section III(D)(b)(a)(1]. Employees who were
terminated during their probationary period received credit for accrued vacation/personal days
during their final paycheck [Section III(D)(3)(b)].
Effect. Employees will receive their full wage during their probationary period. Employees
that are terminated during their probationary period will not receive credit for accrued
vacation/personal days in their final paycheck.
Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the
Personnel Policies and Procedures including the following:
References to “American Indian Nation” were changed to “federally recognized tribe”;
The section on conflict of interest and nepotism was moved to later in the document;
Some references to the “HRD Manager” were changed to “HR Representative”;
Internal HR information that was not needed for an employee manual was removed;
Some references to “will” were changed to “shall”;
A reference to “tribal employees’ were changed to “employees of the Nation”;
Inquiries to job applications were updated so that they would be responded to with an
application and/or resume rather than an application form;
The section on advertising was reformatted;
Some references to “candidates” were changed to “applicants”; and
References to “transferred or promoted” were changed to “job reassigned”.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
of laws of the Nation which includes taking into account comments from members of the
Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
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The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of these proposed emergency amendments would conform with the
requirements of the Legislative Procedures Act.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the
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Oneida Personnel Policies and Procedures will expire six (6) months after adoption. The emergency
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legislation may be renewed for an additional six (6) month period.
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Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
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the Oneida Personnel Policies and Procedures within the next six (6) to twelve (12) months.
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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emergency legislation [1 O.C. 109.6-1].
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ONEIDA NATION
PERSONNEL POLICIES AND PROCEDURES MANUAL
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Table of Contents (Last update 12/06/19)__/__/__)
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SECTION I INTRODUCTION .................................................................................................................. 2
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SECTION II - RECRUITING .................................................................................................................... 3
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SECTION III – SELECTION POLICY ......................................................................................................... 6
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SECTION IV – COMPENSATION AND BENEFITS ................................................................................... 13
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SECTION V – EMPLOYEE RELATIONS.................................................................................................. 19
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SECTION VI – SAFETY AND HEALTH ................................................................................................... 28
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SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS ......................................................... 29
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SECTION VIII - RECORDKEEPING ........................................................................................................ 30
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SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS ............................................ 31
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SECTION I – INTRODUCTION
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Welcome to the Oneida Nation. We are pleased to have you join us as a partner on a team of
individuals dedicated to providing quality service that enhances the quality of life of the Oneida
community. The role you play in your position is important to the overall effort required by your
department to meet the goals and objectives of the Oneida Nation. We encourage you to take
advantage of the opportunities presented to you, as an employee, to grow and develop both
personally and professionally.
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The purpose of this "Employee Manual" is to provide you with a ready source of information about
employee related Oneida Nation policies and procedures. Although we have tried to make this
manual as comprehensive as possible; it does not, and cannot, include policies which address
every situation that may arise. The Oneida Nation reserves the right to modify, alter, change or
cancel existing policies and procedures or adopt new procedures and policies at any time.
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The policies and procedures set forth in this manual apply to all employees. As an employee of the
Oneida Nation, you are required to know and abide by these policies and procedures. Oneida
Nation departments may have specific and additional procedures enhancing the general policies
stated in this manual. Each employee is expected to learn his/her department’s procedures and
comply with them. In the event of any conflict between policies in this manual and departmental
procedure, the policies in this manual supersede. Each employee is also expected to conform to
the professional standards of his/her occupation. Questions regarding this manual, or any
employee related policies, should be directed to your supervisor, department head, or to the
Human Resources Department at (920) 496-7900.
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The Oneida Nation is proud to have you on our staff and we look forward to a fulfilling and
successful team relationship.
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SECTION II - RECRUITING
A. RECRUITING
1. Recruiting Strategy
a. The Oneida Nation shall implement a Recruiting Strategy to increase the potential for
hiring the best-qualified and most capable employees possible.
1) The Recruiting Strategy shall target, as the first priority, applicants in accordance
with the Oneida and Indian Preference Policy.
2) The Recruiting Strategy shall have a nationwide focus and will use:
a) The Kalihwisaks (national distribution);
b) The Oneida Higher Education Office's network of post-secondary school
students;
c) Local and regional media and public employment agencies.
2. Applicant Pool
a. The Oneida Nation shall establish and maintain an Applicant Pool consisting of
individuals who have expressed an interest in working for the Oneida Nation.
1) The Applicant Pool will consist of files containing:
a) An Oneida Nation Application Form;
b) A summary of career goals and job preferences.
2) The Applicant Pool will be regularly reviewed to:
a) Update individual files:
b) Remove files where indicated.
3) The Applicant Pool will be cross-referenced by job preferences.
a) Notices of job vacancies and an Application Form will be sent to all Applicant
Pool members as appropriate.
4) All Applicant Pool members shall have the right to review and update their file
upon request.
5) Applicant Pool members shall be apprised of the Nation's Indian Preference
Policy.
B. LABOR POOLS
1. Supervisors that wish to establish a job classification as a Labor Pool Position will work
with the HRD to establish the job classification.
2. Each Labor Pool Position shall be advertised as on-going recruitment pool. The HRD shall
maintain an updated list of qualified candidates for each Labor Pool Position.
3. The HRD will accept all job applications and verify that each applicant is qualified
according to the established job description. All qualified applicants will then be placed
in a pool according to the Nation's Oneida and Indian Preference Policy and the date the
application was received. All applicants will be notified of acceptance into or rejection
from the pool.
a. PRESCREENING OF LABOR POOL POSITIONS (HR Interpretation 11-13-12) Applicants who
were previously employed by the Oneida Nation and were terminated for reasons of
misconduct or performance issues will be screened out for a period of twelve (12)
months following the date of discharge.
4. The HRD will keep an updated list of qualified applicants for each job position.
5. When a vacancy occurs in a Labor Pool Position, the supervisor will notify the HRD of the
position to be filled. The HRD Office shall then refer the top three (3) applicants to the
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immediate supervisor. The top three applicants shall be based first on the Oneida and
Indian Preference Policy and, second, the date an application was received. The
immediate supervisor will notify the HRD of their selection and the HRD will then offer
the position to the applicant. After the position is filled, all ranked candidates will move
up on the list. (HR Interpretation 7-11-13)
6. If the applicant refuses the position, the HRD Office will then offer it to the next applicant
until the position is filled.
7. If the applicant refuses the job, the applicant may withdraw from the Labor Pool or, if he
or she declines to withdraw from the Labor Pool, the date of refusal will be considered
the date the application was received and the applicant will be placed in the Labor Pool
list according to B.3.
8. Indian (Oneida) Preference will be adhered to in all hiring decisions.
C. EMERGENCY/TEMPORARY POSITIONS
1. The HRD will periodically recruit individuals who are interested in filling temporary
positions which consist of the following classifications:
a. Emergency/Temp
b. Limited Term
c. Seasonal
d. Substitute/Relief
e. Youth Worker
f. Student/Intern
2. Creation of Positions
a. Creation of positions in the above Temporary Employee Classifications will require
that these positions be budgeted for the current fiscal year, or proof through
documentation that the budget is adequate to incorporate these positions.
b. The positions must be developed in conjunction with the HRD; assuring that all
Policies and Procedures are adhered to. Creation of temporary classification requires
the approval of the Director, Area Manager, and HRD Manager, or elected official of
the Oneida Nation.
c. All newly created temporary positions must be processed through the Wage and
Salary system before a position can be filled with a temporary employee.
3. Recruitment/Selection
a. Recruitment/selection of applicants for all temporary positions requires a completed
Temporary Personnel Requisition form with an updated job description attached.
b. The HRD will provide a list of qualified candidates according to the job descriptions
to the immediate supervisor. The immediate supervisor will select from the approved
list adhering to Indian Preference.
c. The HRD will contact the selected candidate and offer the position, following the
proper procedures to put the incumbent on payroll.
d. The selected candidate will sign a statement accepting conditions of temporary
employment, and length of employment where applicable.
e. Temporary employees will be paid within the Grade in which the job is classified and
salary will be negotiated within the first three (3) steps of respective grade.
1) Any negotiated salary beyond step three will require written justification and
approval from the respective General Manager. (H.R. Interpretation, 12-8-16)
f. Temporary employees are welcome to apply for any regular position within the
Nation that becomes available during the term of their employment.
g. Temporary employees that are terminated due to documented cause will have the
right to the appeal process as outlined in the Personnel Policies and Procedures.
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h. All temporary employees are subject to lay-off based upon department job needs
and budgets. (HR Interpretation – 11-25-13)
i. Supervisors are required to do proficient planning within their respective span of
control; as such they must also enforce separation dates and will be monitored by
HRD for compliance.
j. Supervisors must select the most appropriate category of classification for the job.
1) Moving from one classification to another is prohibited.
4. Benefits
a. The following employee classifications will be eligible for benefits as defined in the
section of the Personnel Policies and Procedures as medical, dental, vacation and
personal accrual, holiday pay, premium pay.
1) Limited Term
2) Seasonal
b. The following employee classifications will be eligible for benefits as defined in this
section of the Personnel Policies and Procedures as Mandatory Benefits and Holiday
pay.
1) Emergency/Temporary
2) Substitute/Relief
3) Seasonal Worker (only during their first season)
c. The following employee classifications will be eligible for benefits as defined in this
section of the Personnel Policies and Procedures as Mandatory Benefits.
1) Youth Worker
2) Student/Intern
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SECTION III – SELECTION POLICY
A. ONEIDA PREFERENCE AND INDIAN PREFERENCE STATEMENT OF POLICY
Federal policy since 1834 accords hiring preference to Indians. The purpose of this
preference is threefold: 1) to give Indians a greater participation in self-government; 2)
to further the Government's trust obligation; and 3) to increase the positive effect of
having Indians administer matters that affect Indian tribal life. (GTC Resolution – 5-23-11-A)
More recently, legislation such as the Civil Rights Act (1964) and the Education
Amendments of 1972 (passed after the Equal Employment Opportunity Act) continued
to specifically provide for preferential hiring of Indians by Indian Nations.
As an employer, the Nation seeks to employ individuals who possess the skills, abilities
and background to meet the employment needs of the Nation.
As a sovereign Indian Nation and a unique cultural group, the Oneida Nation has
determined that a highly desirable employment characteristic is knowledge of Oneida
culture that can be attained only by membership (or eligibility for membership) in the Oneida
Nation. . Further, the Nation recognizes the unique, shared culture of Native American
Indians and has determined that a desirable employment characteristic is status as a
member of an American Indian Nation.or descendant of a federally recognized tribe. At a
minimum, the Nation has determined that some knowledge of Indian culture is a
desirable employment characteristic.
Accordingly, the Oneida Nation establishes the following policy in regard to Indian
Preference for selecting employees to provide services that meet the needs of the
Oneida people. This Indian Preference policy shall be specific to staffing decisions made
under the Personnel Policies and Procedures and shall not be construed to have an
application outside of these policies and procedures.
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The Oneida Nation is an equal employment opportunity employer and follows nondiscriminatory policies and procedures in personnel decisions (HR Interpretation 5-19-14)
However, theThe Oneida Nation exists to serve the needs of the Oneida people and
therefore accords Oneida Preference to enrolled members of the Oneida Nation
Members where such preference is not otherwise prohibited. All General Managers and
top administrative positions, as defined by HRD in a standard operating procedure, shall
be held by enrolled Tribal members. of the Oneida Nation. In all other instances, the
Nation applies the following priorities of Indian Preference in staffing decisions:
Enrolled members of the Oneida Tribal memberNation;
Oneida IndiansIndividuals eligible for enrollment in the Oneida Nation;
Documented first generation descendants of the Oneida descendantNation;
Other Native American Indian;
Members or descendants of a federally recognized tribe;
Other (non-Indian). (HR Interpretation – 6-24-11)
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This policy willshall apply in decisions where the basic requirements for employment are
met.
B. HIRING PROCEDURE
1 Statement of Policy
a. The Oneida Nation is an equal employment opportunity employer and follows
nondiscriminatory policies in hiring.
b. The Oneida Nation is a firm advocate of the 1964 Civil Rights Act (as amended) and
the 1968 Indian Civil Rights Act (as amended) and will make every effort to ensure
compliance with each Act; however:
c. The Oneida Nation follows the principles of Indian Preference in the implementation
of hiring practices (see the Oneida Preference and Indian Preference Statement of
Policy).
2. The membersHiring Guidelines
d. All Supervisors of the Personnel Commission and all Oneida Nation employees who
supervise other Oneida Nation employees shall undergo periodic training in EEO
and Tribal laws, rules, and regulations.
1) Training will be knowledge - and skills-based
2) All Personnel Commission members and Tribal supervisors will undergo periodic
re-training in EEO and Tribal laws, rules and regulations
e.a. No person shall be recommended for a position if a conflict of interest or
nepotism is created. Nepotism is created by the following relationships: (HR
Interpretation 08-13-12)Nation.
a) Father
i)
Father-in-law
b) Mother
j)
Mother-in-law
c) Husband
k)
Brother-in-law
d) Wife
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Sister-in-law
e) Brother
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Son-in-law
f) Sister
n)
Daughter-in-law
g) Son
o) Grandparent
h) Daughter
p)
Grandchild
3. Hiring Procedures
a. HRD Office Responsibilities
1) Unless specifically noted, the HRD Office will have responsibility for
implementing the policies and procedures guiding the selection of Tribal
employees.
b. Personnel Commission Role
1) The Oneida Nation established the Personnel Commission to represent the
Oneida Community-at-large in the selection of tribal employees of the Nation.
a) The Personnel Commission is directed to:
i. Seek out the best-matched applicants for each available position;
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ii. Consider only job-related factors (such as education, experience, past job
performance, skills and abilities, and compatibility with the position and
potential co-workers) when selecting candidates.; and
iii. Comply with the Oneida Personnel Commission Bylaws.
c. Identification of Vacancies and Development of JobPosition Descriptions (Work Standard,
11-16-11)
1)
Supervisors may inform the HRD Office of pending vacancies as soon as they are
identified.
2) For new and existing positions, the HRD Manager (or designate),Representative,
the supervisor and the Area Manager (at his/hertheir option) willshall review the
jobposition description to ensure compliance with:
a) The Nation’s jobemployment structure; and
b) The needs and requirements of the job.
3) For new positions, the HRD Manager, the appropriate Area Manager, and the
supervisor shall develop the job description. (HR Interpretation, 12-8-16)
a) The new job description shall conform to the Oneida Nation job structure.
b) The new job description will be reviewed by the General Managerposition.
4) All jobposition descriptions shall containfollow the following information:
a) Job title, division/department, location, supervisor's title;
b) Posting date, application deadline, preferred starting date, date of job,
description review;
c) Pay level (grade, step, hourly rate);
d) A brief job summary;
e) Duties and responsibilities;
f) Qualifications;
g) Inquiry address;
h)3) Statement of compliance with EEO and Indian Preference policiesoutlined
structure.
d. Applications
1) All inquiries for jobposition vacancies willshall be responded to with an Oneida
Nation Application Form which will consist of:application.
a) Job vacancy title;
b) Applicant biographical data;
c) A request for a resume (where applicable).
2) The Application Form shall be accompanied by a Statement of Policy regarding
Oneida Preference and Indian Preference.
2) Hand-delivered applications will be accepted at the HRD Office until 4:30 p.m. on
the deadline date; mailedAll applications shall be submitted online.
3) All applications must be postmarked on or before the deadline date.
4)3)
All applications willshall be acknowledged.
e. Advertising
1) Position vacancies willshall be advertised as widely as possible including.
Advertising efforts may include, but not be limited to the following:
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a) The Kalihwisaks;
b) The Oneida Nation website;
c) Oneida Nation social media platforms;
d) Electronic communications or alerts;
e) Mailings;
b)f) Statewide, through print and electronic media and public employment
agencies;
c)g) Through targeted recruiting efforts including:
i. Major metropolitan areas (i.e. Milwaukee, Chicago, Minneapolis, etc.)
ii.i. The Bureau of Indian Affairs;
iii.ii.
The Oneida Higher Education Office.
d)h) Other postings targeted toward special recruiting categories (such as
professions) shall be carried out at the discretion of the HRD Office with the
advice and consent of the affected department.
2) Unless otherwise prohibited by external grant source or federal law, the first
posting for aA position vacancy shall be limited to enrolled Oneida members
and shall be posted for a minimum of seven (7) calendar days.
3)2) The second posting for a position vacancy shall be posted for a minimum of ten
(10) calendar days and shall be open to the general public, unless the position
mustis required to be filled by an enrolled Oneida Nation member. (HR
Interpretation 8-9-11)
f.
4)3) All vacancies requiring re-posting shall be referred back to B-2.c (Identification of
Vacancies and Development of JobPosition description) to begin the re-posting
process.
Screening of Applicants (HR Interpretation 11-16-12) (HR Interpretation 10-22-12)
1) Applicants who are enrolled members of the Oneida Nation shall be screened
and interviewed prior to any other applicants. If the screening and interviewing
of the applicants who are enrolled members of the Oneida Nation did not result
in the position vacancy being filled, then all other applicants may be screened
and interviewed.
1)2)
A Screening Committee consisting of the HRD Manager (or
designate),Representative, the position supervisor, the Area Manager (at
his/hertheir option), and a member of the Personnel Commission shall be
convened to conduct the screening of applicants. The Screening process willshall
begin as soon as practical following the closing of the position. ThisThe
Screening Committee willshall:
a) Verify that all applications are complete, are accurate and were submitted on
time.
i.b) Applications that are incomplete, inaccurate, or were not submitted on or
before the posted deadline date may be screened out.
b)c) Analyze the jobposition description to establish screening criteria. These
criteria willshall include qualifications listed on the jobposition description
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determined by the supervisor and Area ManagerHRD Representative to be
essential to the jobposition. (T.O.E. WS - 5-6-13)
c) Screen verified applications
d) Recommendand identify a list of applicants to be interviewed.
2) The HRD Office shall notify screened outEnsure there are no applicants within
five (5) working days after the initial screening and reserve these applications in
the general recruiting pool.
3) The HRD Office will arrangeineligible for interviewsemployment with the listed
candidates.
g. Candidate Interviews
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1)e) An Interview Committee will be convened and will consist of the members of
the Screening Committee except that the HRD Manager will be
replacedNation due to termination or resignation in accordance with a
second member of the Personnel Commission. The Interview Committee
will:the applicable standard operating procedure developed by HRD.
3) ConstructNo person shall be recommended for a position if nepotism is created.
Nepotism is created by the following relationships that are created by birth,
marriage, or through another legally recognized means:
a) Spouse;
b) Child;
c) Parent;
d) Sibling;
e) Grandparent;
f) Great-grandparent;
g) Grandchild; and
h) Guardian.
4) No person shall be recommended for a position if a conflict of interest is created.
Conflict of interest is defined as:
a) any interest, real or apparent, whether it be personal, financial, political, or
otherwise, in which an elected official, officer, political appointee, employee,
contractor, or appointed or elected member, or their immediate family
members, friends or associates, or any other person with whom they have
contact, have that conflicts with any right of the Nation to property,
information, or any other right to own and operate activities free from
undisclosed competition or other violation of such rights of the Nation.
b) any financial or familial interest an elected official, officer, political appointee,
employee, contractor, or appointed or elected member or their immediate
family members may have in any transaction between the Nation and an
outside party
a)5) The HRD Representative and supervisor shall construct an interview format
consisting of:
i.a) A set of questions related to the screening criteria qualifications; and
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ii.b) An interview rating scale designed to objectively evaluate each
candidate'sapplicant’s qualifications.
6) The HRD Office shall arrange for interviews with the listed applicants.
g. Applicant Interviews
b)1)
An Interview candidatesCommittee shall be convened consisting of the
members of the Screening Committee and a second member of the Personnel
Commission. The Interview Committee shall interview applicants and evaluate
each individually.
2) No interview shall take place without an HRD Representative present.
2)3)
The HRD Manager (or designee) willRepresentative shall total the
evaluation rating scale to rank order of the candidatesapplicants.
h. Selection (HR Interpretation - Disqualification of Applicant 10-24-13)
1) The supervisor shall select one of the top two (2) candidatesapplicants as ranked
through the rating scale. (HR Interpretation - 10-17-12)
a) The supervisor may conduct an additional personalfollow-up interview with
the top two (2) candidatesapplicants.
b) The selection decision shall be governed by the Oneida Preference and
Indian Preference Policy. (HR Interpretation - 6-6-11)
c) The HRD Office willshall notify the selected candidate and offer the
candidate the job within five (5) working days of the selection decision by
the supervisor.position to the selected applicant.
i.
Should the supervisor's first choice refuse the offer, the HRD Office will
offershall provide the job tosupervisor with the secondnext two (2)
ranked candidateapplicants to choose from.
2)ii. Should both of the top two ranked candidates(2) chosen applicants
refuse the jobposition offer, the supervisor may:
a)1. Repeat the hiring selection process outlined in B.2.h.1. above with
the remaining candidates; or
b)2. Re-post the position.
3)2) The HRD Office willshall notify those candidatesapplicants interviewed but not
selected of the decision to hire the best-qualified candidate.
4) All newly hired employees will be listed in the HR newsletter.
TRANSFERS AND PROMOTIONS POLICY
INTERNAL POSITION POSTING - The Oneida Nation encourages transfers and
promotionsmovement within and among units in order to make the best possible use of
human resources to meet the Oneida NationNation’s goals and objectives. Supervisors and
employees are encouraged to work together to create an environment in which employees
constantly strive to improve their skills and abilities and mangersmanagers constantly seek
to provide challenging and rewarding work experiences.
1. Procedure
a. Internal Position Posting and Bidding
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1) Open positions as determined by a supervisor and his/hertheir Area Manager
willmay be posted internally for a position transfer for a minimum of five (5)
working days. This internal posting will be concurrent with the external (public)
posting of positions.
a) Positions will be posted in prominent locations in each Oneida Nation
building
2) Oneida Nation employees may bid for transfers by notifying their immediate
supervisor and submitting an Application Form to the HRD Office.
a) The HRD Manager will inform all affected Area Managers of each transfer
bid.
3)2) At the end of the five (5) day minimum internal posting period, the HRD
Manager will Representative shall schedule a conferencescreening with the
open position's supervisor and the Area Manager. (at their option).
a) The conference committee will consist of the supervisor, the Area Manager
and the HRD Manager (or designate) acting as this Committee will:
i. Establish selection criteria; and
ii. Review each bid.
b) The Committee may select the best-qualified applicant but is not required to
choose an applicant to fill the open position from those employees who
have submitted an application for a transfer or promotion.
c) If the Committee does not fill the position from the transfer/promotion
process, the process will continue through the full advertising, screening and
interview steps.
i. Any decision will be governed by the Indian Preference Policy.
4)3) Employees who are transferred or promoted will shall not lose any benefits;
however:
a) An employee may be required to continue serving in his/hertheir present
position until a replacement can be found;, for a period up to thirty (30) days.
b) An employee who is transferred to a position lower on the Oneida Nation
JobPosition Structure willshall be paid at the grade level corresponding to
the new position;.
c) An employee must have completed one year of service to the Nation before
being eligible for a promotion or transfer (requestsRequests for transfers for
documented medical conditions will be handled on a case -by -case basis
and only when in the best interests of both the employee and the Nation);.
d) The newly transferred or promoted employee shall be required to complete
a three (3) month probation period (all. All conditions of the Nation's
Original Probation Policy shall apply).
b. Applicant Pool Process
1) New and vacant positions will be advertised through the Tribal Applicant Pool.
2) The job description will be sent to persons whose applications are maintained in
the Applicant Pool.
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a) The Tribal Applicant Pool will consist of open (unspecified) applications from
Tribal members who wish to be considered for employment by the Nation.
b)d) Advertising through the Tribal Applicant Pool will follow the format and
time conditions set forth in the Hiring Policy during that period.
Reassignments
a. Title Reassignments
1) Title Reassignments may be made by supervisors to:
a) More accurately describe or define an existing jobposition; or
b) Make minor adjustments in jobspositions within a unit or operating division.
2) Title Reassignments may be made at any time with the approval of the Area
Manager and HRD ManagerRepresentative.
b. JobPosition Reassignments
1) JobPosition Reassignments may be made by supervisors to make more efficient
and effective use of human resources.
2) JobPosition Reassignments may be supervisor-initiated or employee-initiated but
must be made in the best interests of the operating unit.
3) JobPosition Reassignments may be made at any time with the approval of the
Area Manager and after a review of each affected job by the Personnel
Evaluation CommitteeHRD Manager.
c. Interim Job Reassignments (Work Standard 7-11-13)
c. Interim Position Reassignments.
1) Interim position reassignments may be processed to fill a position in which the
previous employee is in the appeals process, on a leave of absence, or for a
vacant position.
D. ORIGINAL PROBATION
1. The first three (3) months after an employee's starting date after being hired,
transferred, or reassigned shall be considered a period of probation. At the end of six
(6) weeks, the employee's performance shall be reviewed with him/herthem by the
supervisor by completing an employee evaluation.
a.
At the end of the three-month probation period, a second performance evaluation
willshall be conducted. This evaluation willshall recommend the end of probation and regular
status for the employee, an extension of probation, or termination for cause.
2.1.
Status as a Probationary Employee
a. Probationary employees will be paid at five percent (5%) below the posted pay rate
for the position.
1) New employees hired under a negotiated salary will receive a salary one step
below the agreed upon salary during the probationary period.
b.a. Probationary employees willshall accrue vacation/ and personal days during the
probation period and willshall receive holiday pay.
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b. Probationary employees may be terminated for cause at any time during the
probation period. Cause must consist of a violation of policies or the documented
inability of the employee to perform the duties and responsibilities of the position.
c. Termination of an employee for cause during their original probationary period shall
not be subject to appeal This termination is subject to appeal. (BC Action 3-20-92)
3. Completion of Probation Period
a. Satisfactory completion of probation will result in the employee receiving the regular
salary for the position.
b. Employees who are terminated during the probation period will receive credit for
accrued vacation/personal days in their final paycheck.
c. Extensions of probation periods will not affect accrual of or use of benefits as
explained under D.2.
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SECTION IV - COMPENSATION AND BENEFITS
A. SALARY
1. Oneida Nation Job and Salary Structure
a. An ongoing plan will be instituted based on standard employee grades and step
levels to assure that a uniform approach is taken to establish equitable salary and
wage levels.
b. Employee performance evaluations will be a resource in determining whether an
employee receives an increase in pay for the upcoming year. An overall satisfactory
rating must be attained in order to be granted an increase in pay.
c. Merit increase shall be granted upon the recommendation of the supervisor, the
Area Manager, the HRD Manager and the General Manager.
2. Workday (Work Standard, 10-17-12)
a. The regular Tribal workday is from 8:00 a.m. to 4:30 p.m. with an hour for lunch. The
exception to these hours occurs only if the program/enterprise hours must vary for
the purpose of providing service (such as retail hours beyond 4:30 p.m.). Shifts will
be developed as needed, and the shift hours will then become the regular workday
for assigned employees for that program/enterprise.
b. Employees are expected to be at work each scheduled work day.
1) Employees who do not report for work because of inclement weather or
unforeseen circumstances will not be paid for that day. Employees may elect to
use personal day(s) to cover this absence. (W.S. Closures Multiple/Individual Depts.7-28-2017)
(W.S. Closures Non-Critical Departments/Divisions 7-28-2017)
2) In case of an unavoidable delay or absence, the supervisor must be notified no
later than thirty (30) minutes after the scheduled starting time. Employees are
encouraged to notify their supervisor before their scheduled starting time.
i. Employees failing to report to their assigned jobs or failing to call in within the
thirty (30) minute time allowed will be subject to disciplinary action.
ii. Permission to leave early must be obtained by the employee from his/her
supervisor.
3. Overtime
a. Any and all overtime will be kept to a minimum and must be approved by the
Supervisor and Area Manager.
1) In the case of potential overtime that may occur at night, on holidays or on
weekends, supervisors will delegate this authority to a specific employee and
outline specific situations and actions that warrant overtime.
b. All overtime must be reported to the supervisor for evaluation.
c. Overtime will be approved only if the program or enterprise budget is capable of
paying it.
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d. Overtime will be approved only for hours worked in excess of forty (40) hours per
week. Personal/vacation days and holidays will not count toward the forty (40) hour
requirements.
e. Tribal employees are expected to work overtime if required. Time and one-half will
be paid for this overtime.
f. Exempt employees are not eligible for overtime.
1) The HRD Office will maintain a list of exempt employees.
4. Holidays (Work Standard, 11-7-14)
a. Tribal holidays consist of the following:
1) One-half Day Christmas Eve
2) Christmas Day
3) New Year's Day
4) Memorial Day
5) Veteran's Day
6) Independence Day
7) Labor Day
8) Thanksgiving Day
9) Indian Day (day after Thanksgiving)
10) One-half day Good Friday
11) Code Talker’s Day (Oneida Day, Friday prior to Memorial Day)
(BC Resolution – 12-11-13A)
b. To be eligible for a paid holiday, employees must work the preceding and following
scheduled work days (except for employees who are on a prescheduled work leave
or an approved extended sick leave.) Employees who are granted a sick day directly
prior to a holiday must certify that they were capable of working the holiday in order
to qualify for a paid holiday.
c. All regular employees will be given holiday pay for the maximum pay of eight (8)
hours per day.
d. Holidays falling on a Saturday will be observed the preceding Friday; holidays falling
on a Sunday will be observed on the following Monday. (2019 Holiday Observance Calendar)
(2018 Holiday Observance Calendar)
e. The Oneida Nation acknowledges its responsibility to make a reasonable
accommodation to employees who wish time off to observe religious holidays.
Requests for such time off will be granted where possible, based on the scheduling
and staffing needs of affected departments. Employees wishing to take time off work
for religious observances should inform their supervisor as early as possible.
Employees may use personal time for such requests if eligible; otherwise the time off
will be treated as unpaid leave.
5. Vacation/Personal Days
a. Every Oneida Nation employee, except temporary employees, shall be allowed
personal and vacation days with pay to the extent that personal days and vacation
are accumulated.
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b. The amount of personal and vacations days shall be determined by continuous
service for the Nation. A "lay-off" from Oneida Nation employment shall not be
considered an interruption in continuous service where the lay-off is in accordance
with the Nation's Layoff Policy, nor shall a preapproved leave of absence. (HR
Interpretation, 3-6-12)
c. Except as provided for in section g, the accrual of personal days shall be as follows:
(BC Resolution – 4-11-13-F)
d.
e.
f.
g.
h.
i.
j.
1) 0-3 years of service - 6 days per year;
2) 4-7 years of service - 8 days per year;
3) 8-14 years of service - 10 days per year;
4) 15+ years of service - 12 days per year;
Except as provided for in section g, the accrual of vacation days shall be as follows:
1) 0-3 years of service - 12 days per year
2) 4-7 years of service - 15 days per year;
3) 8-15 years of service - 20 days per year;
4) 15+ years of service - 25 days per year.
Part-time employees accrue personal and vacation days for time actually worked at a
ratio of a full-time employee.
Service is defined as working for Programs/Enterprises which are contracted by the
Nation or specifically sponsored by the Nation.
Vacation and personal days shall be capped at 280 hrs. An employee shall cease to
accrue vacation and personal hours when he or she has reached 280 total hours.
Supervisors shall notify their employees when said employees have accumulated 200
total hours of vacation and personal time. (GTC Resolution, 7-2-12A)
1) An employee may trade back accumulated vacation and personal hours in
accordance with Section IV.A.5.n. below. (GTC Resolution, 5-23-11-B)
Upon termination from Oneida Nation employment, employees will be paid for any
unused personal and/or vacation days.
1) Employees who have used the Oneida Nation-sponsored loan program will be
required to honor the terms of the loan agreement.
1)2)
Employees who are terminated during their original probation period
shall not be paid for any unused accrued vacation or personal days in their final
paycheck.
Personal Days can be used for any reason so long as the request is approved by the
employee's supervisor at least twenty-four (24) hours in advance (unless the absence
is due to illness or unforeseen circumstances).
1) In the case of illness or unforeseen circumstance, the supervisor shall be notified
no later than fifteen (15) minutes before the scheduled starting time.
2) Programs and enterprises may institute stricter standards of notification. These
standards will be submitted to and approved by the Personnel Department.
An employee shall notify his/her supervisor of an intent to use personal days in the
following ways:
1) Three (3) to five (5) days - one (1) week advance notification
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2) Six (6) days or more - two (2) weeks advance notification.
k. An employee shall notify his/her supervisor one (1) day in advance if he/she will take
off one (1) or two (2) days of vacation. Programs and enterprises may institute
stricter standards of notification.
1) Three (3) to five (5) days of vacation require a one (1) week advance notification.
2) Six (6) or more days of vacation require at least two (2) weeks advance
notification.
l. The burden shall be on the supervisor to show that a denial of a personal day or a
vacation day is based upon interference with the business of the Nation.
m. Personal or Vacation Days can be taken when an employee is on probation. (GTC
Resolution 5-23-11-B, HR Interpretation 5-8-17)
n. Trade-back for Cash - Each fiscal year, the Oneida Business Committee shall analyze
fiscal conditions to determine whether employees may trade back personal and/or
vacation hours for cash that fiscal year.
1) If the Oneida Business Committee approves trade-back for cash, they shall also
determine whether (i) and/or (ii) applies: (See Revision)
i. All employees will have the opportunity to trade-back hours one time that
year.
1. By August 15, each employee who has accumulated twenty-four (24)
hours or more of vacation and/or personal days may opt to trade in
his/her hours for cash.
2. Employees will receive their trade back on or before September 30 of
that year.
ii. Only those employees who are unable to utilize their personal and/or
vacation time due to working conditions, such as a shortage in staffing, as
determined by the HRD Manager or designee, will have the opportunity to
trade back hours on a quarterly basis.
1. Employees will receive their trade back within sixty (60) days after
opting to trade back hours.
2) When trade-back for cash is approved by the Oneida Business Committee, the
following standards shall apply:
i. Employees must decide which status (vacation or personal or both) from
which their trade back will be drawn.
ii. Employees may not trade for cash more than eighty (80) hours in one year.
(GTC Resolution, 5-23-11-B)
o. Additional Duties Compensation
p. Travel Time Compensation (Work Standard , 3-20-13)
B. INSURANCES (see separate publication) for information on Oneida Nation Insurance plans.
C. RETIREMENT PLAN (See separate publication for information on Tribal Retirement Plan) .
(Separating Employees WS 5-6-13)
D. LEAVES
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1. Meeting Attendance
a. Approval for attending any meetings inside normal working hours must be approved
in advance by the employee's immediate supervisor. (BC Action, 5-16-89)
b. Employees who receive stipends or honoraria in excess of $50.00 for attending
meetings during working hours will forfeit the amount in excess of $50.00 from their
regular paycheck. Stipends for travel or per diem will not be deducted if
accompanied by receipts for such expenses.
c. Stipends or honoraria for intra-tribal meetings during normal working hours will
results in the employee's paycheck being reduced by the full amount of the stipend.
2. Funeral Leave (Work Standard, 8-2-11)
a. All regular employees will be given a three (3) day leave without loss of pay for
funeral services for immediate family. Immediate family includes:
Husband
Mother
Brother
Great-grandparent
Wife
Father
Sister
Great-grandchildren
Mother-in-law
Son
Grandparent Spouse’s great-grandparents
Father-in-law
Daughter
Grandchild
Spouse’s grandparents
Daughter-in-law Sister-in-law Brother-in-law
b. Three (3) day leave for other persons will be given only if the employee is responsible
for making funeral arrangements, subject to prior approval of supervisor.
c. All other funeral leave will be limited to no more than one (1) day with pay subject to
the notification and approval of the immediate supervisor.(Mgmt Directive, 12-17-2009)
Leave of Absence (Work Standard, 6-10-14)
a. A leave of absence without pay may be granted to employees for a justifiable reason
(including caring for a child, spouse or parent with a serious health condition) and
when in the best interest of the Nation.
1) Leaves of absence will not exceed three (3) months.
i. All leaves of absence must be approved by the Supervisor, Area Manager,
HRD Manager and General Manager. (HR Interpretation, 12-8-16)
ii. Requests must be documented and submitted to the supervisor with as much
advance notice as possible.
iii. Disposition of requests will be made on the basis of staffing requirements.
2) Upon returning, the employee will be reinstated in the former position with full
status and benefits. Holiday, vacation, and sick leave will not be accrued during
the leave of absence.
3) No later than fifteen (15) working days prior to the expiration of the leave period
the employee must give notice in writing of his/her intent to return to the
position. Notice must be presented to the supervisor.
i. Failure to provide written notice will be interpreted to mean that the
employee does not intend to return following the leave. The position will be
posted and filled through the selection process. (HR Interpretation, 11-21-11)
4. Maternity Leave
a. Maternity leave will be granted for a period of six (6) weeks without pay.
1) An employee may elect to cover any portion of this time by using accumulated
sick days.
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2) Any maternity-related absences for longer than six (6) weeks must be taken as a
medical leave of absence.
Military Leave
a. In addition to the following provisions, the Nation's Military Service Protection Act
shall govern Military Leave.
b. A Military Leave of Absence is afforded employees entering active duty without
accumulation of holiday, vacation or personal time during the period of leave. Any
accumulated benefits prior to leave will be maintained for the employee.
c. Time off for inactive duty training, examinations to determine fitness for duty and
funeral honors duty shall be afforded to employees without the accumulation or loss
of holiday, vacation or personal time. An employee will receive pay from the Nation
for any hours work that the employee was required to miss due to reservist training.
1) Any pay received for performing any of the above duties shall be deducted from
the employee's pay. (GTC Resolution, 1-26-08A)
Jury Duty
a. During a period of jury duty, an employee will receive pay from the Nation for any
hours of work missed due to jury duty.
1) Jury duty pay will be deducted from the employee's paycheck when determining
the amount of pay
2) No overtime will be allowed in determining employee pay while serving on jury
duty.
Educational Leave (BC Action, 5-4-90)
a. A leave of absence for education purposes will not exceed one (1) year.
Parent Policy Leave (BC Action, 3-2-94A) (Parental Leave Policy, 11-3-17)
a. Employees who are parents, guardians, or those individuals specifically referred to as
“immediate family” as defined in Section IV, page 6 of these Personnel Policies and
Procedures which includes husband, wife, mother, father, brother, sister, son,
daughter, mother-in-law, father-in-law, grandparent and grandchild may request to
participate in their child(ren)’s educationally sanctioned events not to exceed four (4)
hours per employee per month
1) These four (4) hours shall not accumulate.
b. Approval to utilize the four (4) hours must be obtained from the supervisor.
1) An employee shall request his/her supervisor to utilize this leave with a minimum
of twenty-four (24) hours’ notice.
2) The Supervisor may request verification of
i. Guardianship of the child(ren) and/or
ii. The attendance of the employee at their child(ren)'s educationally sanctioned
event.
c. The burden shall be on the supervisor to show that a denial of the Parent Policy
Leave which is based upon interference with the business of the Nation.
d. This leave shall not be paid as overtime. The supervisor may have the option to use
flex time to cover this time off to attend their child(ren)'s educationally sanctioned
events.
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e. All employees, except Emergency/Temporary, Youth Workers, Student Interns, and
Seasonal Workers during their first season, and Substitute Reliefs are eligible to
participate in this benefit.
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SECTION V – EMPLOYEE RELATIONS
A. ORIENTATION POLICY
The Oneida Nation reflects the unique culture and character of our Nation. The Oneida Nation
recognizes that this may present special problems and difficulties for a new employee. The
Nation therefore provides an Orientation Program designed to ease the new employee’s
transition into a job and enable the new employee to become effective and productive as
quickly as possible.
1. Orientation Program Outline
a. Overview
b. Tribal Government and Procedures
c. Key Policies and Procedures
d. Benefits
e. Safety, Health and Security
f. Departmental Orientation
2. Responsibilities
a. The HRD Office will administer the General Orientation Program
1) The HRD Office will assist Divisions in administering Departmental Orientation
Programs.
b. The HRD Office will develop and establish an Employee Mentor Program with each
Division.
1) Employee Mentors will be responsible for conducting the Departmental
Orientation.
2) Employee Mentors will assist new employees throughout their probation period
as a source of references and referrals.
c. The HRD Office will annually review the General Orientation Program and each
Departmental Orientation Program to:
1) Evaluate the effectiveness of each Program,
2) Modify programs as necessary.
3) Requirements
a) The HRD Office will provide a copy of the Employee Policy and Procedures
Manual to new employees before (if possible) the scheduled starting date.
b) The General Orientation Program will be completed in appropriate stages
within the first month of the new employee’s starting date.
i.
The Departmental Orientation will be completed within the first week of
the starting date.
c) The HRD Office will administer a NEW Employee Reporting Form to provide
information for the purposes of maintaining a Nation-wide skills assessment
inventory and a management succession plan.
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B. EVALUATIONS
1. Evaluation reports will be used in determining all promotions, transfers and salary
adjustments.
2. Annual evaluation reports for each employee will be submitted to the HRD Office by
August 1 of each year. (Work Standard, 6-23-15)
a. Evaluation reports will be retained in each employee’s personnel file.
3. All Oneida Nation employees will be evaluated at least once a year.
a. Employee performance evaluations will be conducted by each employee’s immediate
supervisor. The Business Committee will conduct the performance evaluation of the
General Manager. (HR Interpretation, 12-8-16)
b. The supervisor will discuss the evaluation with each employee. The evaluation will
then be signed by the employee and the supervisor and forwarded to the HRD
Office.
4. Satisfactory evaluations may result in the employee receiving an increase in pay within
their grade level provided that the employee has not attained the highest step within the
grade.
a. Unsatisfactory evaluations will result in probation status for the employee. The
supervisor shall provide documentation to the Area Manager and to the employee
detailing the deficiency(s). A repeat evaluation will be conducted three (3) months
after the unsatisfactory evaluation. This second evaluation will result in the
employee:
1) Being removed from probation and receiving a salary increase if the second
evaluation results in an overall satisfactory rating; or
2) Receiving appropriate disciplinary actions if the second evaluation also results in
an unsatisfactory rating.
b. Employees may appeal unsatisfactory evaluations to the HRD Manager. The HRD
Manager will consult with the supervisor and the employee to negotiate an
appropriate resolution (Work Standard, 12-8-16)
C. CAREER DEVELOPMENT
1. Oneida Nation employees are encouraged to develop their skills and abilities by
pursuing education at a local educational institution. (BC Action, 9-9-92)
a. Oneida Nation employees must provide a general Career Development Plan to the
supervisor listing the goals and objectives of the training and education to be
undertaken.
2. Oneida Nation employees may be eligible for assistance for one (1) course per semester.
The employee must attempt to arrange to take the class outside his/her normal working
hours.
a. Where a class conflicts with the employee’s work schedule, the needs of the Tribal
unit take precedence; however, the supervisor shall attempt to accommodate the
employee’s request.
b. In no case shall the accommodation exceed actual class hours plus reasonable travel
time.
c. Employees must obtain the approval of their immediate supervisor to take a course
on work time.
3. The supervisor’s approval and estimated cost must be submitted to the HRD Office, the
Area Manager and the General Manager. (HR Interpretation, 12-8-16)
4. The cost of the books, tuition and fees for the course shall be paid by the Nation through
funds budgeted in programs or through the Higher Education program.
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a. Reimbursement for books, tuition and fees is contingent upon the employee
receiving at least a C (2.0 on a 4.0 point scale).
b. Employees who receive less than the required grade point will be required to
reimburse the program for whatever costs were incurred.
D. COMPLAINTS, DISCIPLINARY ACTIONS, AND GRIEVANCES
Disciplinary procedures provide a systematic process for handling problem employees.
Disciplinary procedures serve to correct unacceptable behavior and to protect the Nation.
Grievance procedures provide a systematic process for hearing and evaluating job related
disputes. Grievance procedures serve to protect employees from inconsistent and unfair
treatment. In all cases of grievance and discipline, supervisors are enjoined to use common
sense, discretion and judicious good sense to resolve complaints between employees,
exercise disciplinary prerogatives, and handle grievances.
(HR Interpretation, 2-4-13) (HR Interpretation, 1-29-14)
1. Complaints
a. Should an employee have a disagreement with another employee, he/she may
lodge an informal (verbal) or formal (written) complaint with the employee’s
supervisor.
b. The supervisor will investigate the complaint and attempt to resolve the
disagreement.
c. If the employee lodging the complaint is dissatisfied with the attempted resolution,
he/she may ask the Area Manager to attempt a resolution.
d. There is no further appeal of this process.
2. Disciplinary Actions
a. Disciplinary actions will be initiated by an immediate supervisor for the purpose of
correcting unacceptable work performance. The supervisor will always discuss the
action with the employee being disciplined to ensure that the employee:
1) Understands the reason for the disciplinary action;
2) Understands the expected work performance in light of the disciplinary action;
3) Understands the consequences of continued unacceptable behavior.
b. A supervisor shall initiate disciplinary actions commensurate with the seriousness of
the unsatisfactory performance. A supervisor must consider each disciplinary action
in progressive order and justify a deviance from that recommended progression.
c. The actions listed below are examples of unacceptable work performance and do
not constitute a comprehensive or exhaustive list. The actions in parentheses are
guidelines for a supervisor to use in administering disciplinary actions. (W = written
warning; S = suspension; T = termination):
1) Work Performance
a) Insubordination (including disobedience) or failure/refusal to carry out
assignments or instructions. (W/S/T)
b) Loafing, loitering, sleeping or engaging in personal business. (W/S/T)
c) Unauthorized disclosure of confidential information or records. (S/T)
d) Falsifying records or giving false information to departments and/or
employees responsible for Recordkeeping. (S/T)
e) Failure to provide accurate and complete information where such
information is required by an authorized person. (S/T)
f) Failure to comply with health, safety and sanitation requirements, rules and
regulations. (W/S/T)
g) Negligence in the performance of assigned duties. (W/S/T)
2) Attendance and Punctuality
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a) Failure to report promptly and observe work schedules (such as starting time,
quitting time, rest and meal breaks) without the specific approval of the
supervisor. (W/S/T)
b) A pattern of unexcused or excessive absenteeism and/or tardiness. (W/S/T)
3) Use of Property
a) Unauthorized or improper use of Oneida Nation property or equipment (for
example, Oneida Nation vehicles, telephone, mail services, etc.) (W/S/T)
b) Unauthorized possession, removal or willful destruction of Oneida Nation or
another employee’s property (including improper use of possession of
uniforms, identification cards, badges, permits or weapons). (Willful
destruction of property may subject the violator to applicable liability laws.)
(T)
c) Unauthorized use, lending, borrowing or duplicating of Oneida Nation keys.
(T)
d) Unauthorized entry of Oneida Nation property, including unauthorized entry
outside of assigned hours of work or entry into restricted areas without prior
supervisory approval. (S/T)
e) Theft or property shall include theft, embezzlement, cheating, defrauding,
pilfering, robbery, extortion, racketeering, swindling or any of these actions,
or conspiracy to commit such actions with Oneida Nation employees or other
persons against the Nation, its guests, employee, members, customers and/or
clients while on or about Tribal premises. (S/T) (BC Action, 12-2-88)
4) Personal Actions and Appearance
a) Threatening, attempting, or doing bodily harm to another person. (T)
b) Intimidating, interfering with or using abusive language toward customers,
clients, co-workers or others. (S/T)
c) Making false or malicious statements concerning other employees,
supervisors or program heads. (W/S/T)
d) Use of alcohol or illegal controlled substances during work hours. (S/T)
(GTC Resolution, 01-05-09A)
e) Reporting for work under the influence of alcohol or illegal controlled
substances. (S/T) (GTC Resolution, 01-05-09A)
f) Failure to immediately report any work-related injuries to the immediate
supervisor. (W/S)
g) Direct involvement in political campaigning during scheduled work hours.
Violations include:
i. Use of Oneida Nation employment title in Oneida Nation campaign
activities. (W/S/T)
1. Political materials include: leaflets, brochures, etc. which solicit support
for candidates for office.
2. Resolutions or petitions which propose that a political action be
initiated.
3. Leaflets, newsletters, or other written materials the purpose of which
is to espouse political views or opinions.
h) The acceptance of gifts or gratuities for personal gain in the course of official
duties. (Customers are allowed to tip Bingo workers, Oneida Tobacco
Enterprise workers, and Museum Workers.) (W/S/T)
i) Inappropriate dress or personal hygiene which adversely affects the proper
performance of duties or constitutes a health or safety hazard. (W/S)
j) Failure to exercise proper judgment. (W/S/T)
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k) Failure to be courteous in dealing with fellow employees or the general
public. (W/S/T)
l) Any of the following acts by employees: Arson, bribery, perjury, obstruction
or interference with an investigation authorized by the Oneida Nation. (S/T)
(BC Action, 12-2-88)
m) The use, possession, selling or purchasing of, or attempt to sell or purchase
alcohol, and/or controlled substances on or about Oneida Nation premises.
(S/T)
(BC Action, 12-2-88)
n) Any violation of duly adopted Oneida Nation ordinances. (W/S/T) (BC Action, 122-88)
5) Sexual Harassment Policy
It is the Oneida Nation’s Policy that all employees have a right to work in an
environment free of discrimination which includes freedom from harassment,
more specifically sexual harassment. The Oneida Nation considers sexual
harassment, in whatever form, in the workplace to be a serious violation of an
individual’s dignity and personal rights. In all matters, where complaint of sexual
harassment is lodged against an employee, the Oneida Nation has a duty and
obligation to conduct a thorough investigation using discretion, good judgment
and the principles and practice of strict confidentiality. If sexual harassment has
been committed, the progressive disciplinary process is as follows (W/S/T).
Sexual Harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when (1)
submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment, (2) submissions to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individuals, or (3) such conduct has the purpose or effect of substantially
interfering with an individual’s work performance or creating an intimidating,
hostile, or offensive work environment.
a) Sexual Harassment (W/S/T)
i. Procedure
a. Should an employee have a complaint, he/she should file a formal
(written) complaint with the Human Resources Department.
b. The Human Resources Department is obligated to investigate the
complaint which is to be held in the strictest confidence. This
investigation shall be done within five (5) working days from
receiving the formal written complaint.
c. After investigating the complaint and the Human Resources
Department finds cause to take disciplinary action due to sexual
harassment violation, the employee will be disciplined accordingly
by their supervisor. This disciplinary action shall be initiated within
five (5) working days from the date the supervisor receives the
report from the Human Resource Department. (BC Actions, 7-16-93)
3. Accumulated Disciplinary Actions Warranting Termination (HR Interpretation,1-29-14) (Provided
that the Drug and Alcohol Free Workplace Policy shall govern disciplinary actions
warranting termination for drug and alcohol related violations.) (GTC Resolution, 01-05-09A)
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a. The accumulation of three (3) upheld warning notices within any twelve (12) month
period. (T)
b. The accumulation of two (2) upheld suspensions within any twelve (12) month
period. (T)
c. The accumulation of three (3) of any combination of upheld warning notices and/or
upheld suspensions within any twelve (12) month period. (T)
4. Substance Abuse Disciplinary Procedure - Section was deleted. (GTC Resolution, 01-05-09-A)
Click here for Drug and Alcohol Free Workplace Policy.
5. Disciplinary Procedure (Disciplinary Flowchart)
The following procedure shall be adhered to whenever disciplinary action is taken.
a. Supervisor becomes aware of unsatisfactory work performance or violation.
1) Supervisor investigates through a meeting with the employees and determines
whether disciplinary action is warranted.
b. If disciplinary action is warranted, within five (5) working days the supervisor will fill
out the five (5) part disciplinary action form stating the behavior for which the action
is being taken, the time and date of its occurrence, and the specific policy section
under which action is being taken.
c. The form will be discussed with the employee and a corrective action will be
identified.
d. The employee being disciplined will sign the form.
1) Should an employee being disciplined refuse to discuss the action with his/her
supervisor, the supervisor shall so note this, with date of refusal, on the form and
distribute as in 5.e.
e. Copies will be given to the employee, the HRD Manager, the supervisor, the Area
Manager and General Manager within twenty-four (24) hours of the conference with
the employee. (HR Interpretation, 12-8-16)
f. Should a disciplinary action result in the suspension or termination of an employee,
the following guidelines shall apply:
1) The supervisor shall consult with the HRD Manager to mutually determine the
length of the suspension.
a) Suspensions will be limited to a maximum of three (3) weeks.
b) Suspension/terminations that are overturned in the appeal process shall
result in the employee receiving back pay for the days he/she was
suspended/terminated.
6. Grievance (Grievance Flowchart)
An employee who receives a disciplinary action which he/she believes is unfair may
grieve the action. The Grievance process (including appeals of disciplinary action) shall
be conducted with utmost consideration for due process (within the time limits set forth
herein) but will allow and account for recognized Tribal holidays and unforeseen
circumstances (such as illnesses, deaths in the immediate family of principals, etc.). The
HRD office will make every attempt to ensure that grievance procedures are concluded
within forty-five (45) workings days; however, extensions granted for reasonable
unforeseen circumstances (as determined by the HRD Manager) may extend the process
The Grievance process will be governed by the following guidelines: (HR Interpretation, 8-192011)
(HR Interpretation, 1-29-2014)
a. For all disciplinary actions, regardless of severity:
1) The employee (petitioner) must file an appeal in writing.
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b.
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a) The employee may seek the assistance of a spokesperson or advocate at any
time after the disciplinary action has been issued in order to aid in the
resolution of the grievance process.
b) The appeal must be filed with the Area Manager and the HRD Manager (or
designee) within ten (10) working days from the day the employee receives
the disciplinary action.
2) The Area Manager, for all disciplinary action investigations, will have ten (10)
working days from the receipt of the employee’s appeal to complete the
investigation. One extension of no more than five (5) working days may be
requested of and granted by the HRD Manager (or designee) at his or her
discretion.
3) The Area Manager will do one of the following:
a) Uphold the disciplinary action; or
b) Modify the disciplinary action; or
c) Overturn the disciplinary action. If a suspension or termination is overturned,
the employee (petitioner) shall be reinstated with full back pay.
4) The Area Manager will file a decision with the employee and the HRD Manager
(or designee) and will include a reason for the decision, an explanation of the
decision and the action to be taken as a result of it.
Filing a Complaint (BC Resolution, 3-18-19)
1) An employee may appeal the Area Manager’s decision to the Oneida Personnel
Commission by filing a complaint with the Human Resources Department on
behalf of the Oneida Personnel Commission.
a) The employee shall file the appeal within ten (10) working days from the
employee’s receipt of the Area Manager’s decision
2) The Human Resources Department shall notify the Human Resources
Department Manager of receipt of the appeal within one (1) business day of
receipt of the appeal.
Collection of Information
1) The Human Resources Department shall collect all information the Area Manager
used in making the decision to uphold the disciplinary action.
Review of the Complaint
1) The Human Resources Department shall provide the information obtained to the
Oneida Personnel Commission members selected to serve as the hearing body
for the complaint, and the Oneida Personnel Commissioners shall review all the
information submitted by the Petitioner and the Human Resources Department
to determine if one or both conditions exist;
a) The decision of the Area Manager is clearly against the weight of the
evidence; and/or
b) Procedural irregularities were exhibited during the appeal process that were
harmful to one of the parties to the grievance.
2) If Oneida Personnel Commission members selected to serve as the hearing body
for the complaint find one or both conditions exist, the Human Resources
Department shall convene the Oneida Personnel Commission to hear the
grievance.
3) If the Oneida Personnel Commission members find that neither condition exists,
the Oneida Personnel Commission will deny the appeal for a hearing and affirm
the decision of the Area Manager.
Convening a Hearing
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1) The Human Resources Department shall schedule a time and location for the
grievance hearing and shall confirm the participation of the Oneida Personnel
Commission members selected to serve as the hearing body for the complaint.
2) The Human Resources Department shall send notice of the hearing to the
petitioner, respondent, and Oneida Personnel Commission members at least five
(5) working days prior to the hearing date.
3) The Human Resources Department shall provide copies of all information on the
subject case upon which the disciplinary action was upheld to the members of
the Oneida Personnel Commission at least two (2) working days prior to the
appeal date.
4) The Human Resources Department shall allow the petitioner and respondent
access to this information in the Human Resources Department Office at least
two (2) days prior to the appeal date.
Hearing Procedure
1) The order of presentation for the hearing shall be:
a) Petitioner’s opening statement;
b) Respondent’s opening statement;
c) The Petitioner’s case;
d) The Respondent’s case;
e) Petitioner’s closing statement
f) Respondent’s closing statement
2) The petitioner shall have the right to be represented by an advocate, at his or her
own expense. The respondent and/or area manager who is party to the
grievance action shall have access to an advocate for consultation and/or
representation. Should the petitioner engage outside professional legal
representation, the respondent and/or area manager shall have access to the
professional legal representation.
a) Should the petitioner and his or her representative both fail to appear for any
scheduled hearing without justifiable cause, the decision of the Area
Manager shall be upheld, and the grievance dismissed.
b) Should the respondent and his/her representative both fail to appear for any
scheduled hearing without justifiable cause, the decision of the Area
Manager shall be overturned.
3) If new evidence which was previously unavailable is introduced at any point
during the hearing process, the Oneida Personnel Commission hearing shall be
suspended, and the case will be remanded to the Area Manager for
reconsideration.
a) The Area Manager shall reconsider the decision in light of the new evidence
and issue a decision within three (3) working days.
b) This procedure may be invoked only once.
c) Thereafter, the appeal process shall continue to a conclusion based on the
information originally presented and the newly introduced evidence.
i.
If the Area Manager overturns his or her decision, the case would not
come back for a hearing.
ii.
If the Area Manager affirms his or her decision, then the case will come
back to the Oneida Personnel Commission to complete the hearing.
4) The Oneida Personnel Commission’s decision shall be based solely on the
information presented to them before the appeal hearing, the record of the prior
proceedings, and any new evidence if introduced appropriately.
5) The Oneida Personnel Commission may:
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a) Uphold the disciplinary action; or
b) Overturn the disciplinary action and:
i.
Reinstate the employee (petitioner) with full back pay for any lost time; or
ii.
Reinstate the employee (petitioner) without back pay.
6) The Oneida Personnel Commission shall provide notification of the final decision
within five (5) working days following the hearing. Notification of the final
decision shall include;
a) The final decision;
b) The reason(s) for the final decision; and
c) The action to be taken as a result of the final decision.
7) The Human Resources Department shall keep records of the hearing, and
provide copies of administrative advocacy rules, procedural rules, and time line
rules to interested parties.
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SECTION VI – SAFETY AND HEALTH
A. POLICY
The personal safety and health of each employee, customer and client of the Oneida Nation is
of primary importance. The prevention of injuries and illnesses is of such importance that it will
take precedence over operating productivity whenever necessary.
The Oneida Nation will maintain a safety and health program conforming to the best practices
available. To be successful, this program will work to develop the proper attitudes toward onthe-job injury and illness prevention on the part of supervisors and employees. This program will
strive to develop a high level of cooperation in all safety and health matters between supervisors
and employees and among employees.
The objective of this program is a safe and healthy environment that will reduce the number of
job-related injuries and illnesses to an absolute minimum. The Nation's goal is zero
accidents and illnesses.
B. PROCEDURES
The Oneida Nation Safety Committee will adopt and enforce through the Personnel
Department procedures related to the education of the Nation’s work force in matters
of safety and health. These procedures will include all education and prevention
activities, assessments and evaluations, and reporting.
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SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS
A. Enterprises and programs may establish internal rules and regulations to facilitate the
administration of Oneida Nation Personnel Policies and Procedures.
1. In no case will these internal rules and/or regulations conflict with or take the
place of Oneida Nation Personnel Policies and Procedures.
2. Enterprises and programs which establish internal rules and regulations will
file a copy of the rules and regulations with the Personnel Department.
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SECTION VIII – RECORDKEEPING
A. PERSONNEL OFFICE
1.
Basic records to be retained include:
a. Reference Data
b. Job Descriptions
c. Resumes and Applications
d. Interview notes/selection information
e. Resignations
f. Employee tax exemption claims
g. Disciplinary action information
h. Performance evaluations
i. Insurance coverage/changes
j. Transfers
2.
The Personnel Office shall keep and maintain a complete record of each employee
throughout his/her term of employment.
a. Oneida Nation employees shall have access to their employment file.
b. Employment files kept by the Personnel Office shall be considered confidential
information. Release of any information to a third party must have the consent
of the employee in writing.
B. ACCOUNTING DEPARTMENT
1.
Basic records to be retained include:
a. Attendance records
b. Employee Time Sheets
c. Earnings - in the form of computer printouts
d. Travel - in the form of complete travel authorization forms.
1) Time sheets and travel reports shall be filled out by every employee for pay
period, collected by the program head, and forwarded to the Department.
2.
The Accounting Department shall retain all records for a period of seven (7)
years. (BC Action, 10-14-09B)
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SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS
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The Human Resources Department of the Oneida Nation collects information from employees in
order to make decisions regarding personnel actions including hiring, transfers and promotions,
training, compensation and benefits, disciplinary actions and other job opportunities. This
information is maintained by the Human Resources Department in individual files for as long as
the person is an employee of the Oneida Nation.
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A. STATEMENT OF POLICY
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As a general rule, the Oneida Nation considers all information contained in these files to be
private and confidential. No information of any type shall be released to any person or agent of
any organization without the written consent of the employee except under the conditions
outlined herein.
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In addition, the Oneida Nation recognizes that the information contained in each employee’s
file is personal and that the lives of its employees are subject to changes. Therefore, the Oneida
Nation provides for employee access to his/her personnel file. Employee
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.