# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3eb83cd6a4b6df9a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 1 of 6 May 11, 2022 Public Packet VII. 2 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 2 of 6 May 11, 2022 Public Packet XI. XII. 3 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 6 May 11, 2022 Public Packet 4 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 4 of 6 May 11, 2022 Public Packet 5 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 5 of 6 May 11, 2022 Public Packet XV. 6 of 635 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 Oneida Business Committee Regular Meeting Agenda Page 6 of 6 May 11, 2022 Public Packet 7 of 635 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 Public Packet 8 of 635 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. Public Packet 9 of 635 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 Public Packet 10 of 635 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 13 April 27, 2022 Public Packet 11 of 635 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 13 April 27, 2022 Public Packet 12 of 635 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. Oneida Business Committee Regular Meeting Minutes Page 3 of 13 April 27, 2022 Public Packet 13 of 635 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 13 April 27, 2022 Public Packet 14 of 635 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. Oneida Business Committee Regular Meeting Minutes Page 5 of 13 April 27, 2022 Public Packet 15 of 635 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. Oneida Business Committee Regular Meeting Minutes Page 6 of 13 April 27, 2022 Public Packet 16 of 635 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 17 of 635 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 Public Packet 18 of 635 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 19 of 635 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 Public Packet 20 of 635 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 21 of 635 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 22 of 635 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 Public Packet 23 of 635 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 Page 1 of 2 Public Packet 24 of 635 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 Public Packet 25 of 635 Public Packet 26 of 635 Public Packet 27 of 635 Public Packet Oneida Nation 28 of 635 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 Public Packet 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 29 of 635 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. Public Packet 30 of 635 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, Page 1 of 2 Public Packet 31 of 635 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 Page 2 of 2 Public Packet 32 of 635 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. Page 1 of 7 Public Packet Affected Entities Public Meeting Fiscal Impact Expiration of Emergency Legislation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 33 of 635 Analysis to Emergency Draft 1 2022 05 11 Oneida Nation employees 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 • • 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 Page 2 of 7 Public Packet 34 of 635 Analysis to Emergency Draft 1 2022 05 11 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 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 Page 3 of 7 Public Packet 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 35 of 635 Analysis to Emergency Draft 1 2022 05 11 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 Page 4 of 7 Public Packet 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166      36 of 635 Analysis to Emergency Draft 1 2022 05 11 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)]. Page 5 of 7 Public Packet 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197    37 of 635 Analysis to Emergency Draft 1 2022 05 11  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”. 198 199 200 201 202 203 204 205 206 207 208 209 210 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]. Page 6 of 7 Public Packet 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 38 of 635 Analysis to Emergency Draft 1 2022 05 11 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.  237 SECTION 7. OTHER CONSIDERATIONS 238 A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the 239 Oneida Personnel Policies and Procedures will expire six (6) months after adoption. The emergency 240 legislation may be renewed for an additional six (6) month period. 241  Conclusion: The Legislative Operating Committee will need to determine if the adoption of these 242 amendments is necessary on a permanent basis, and if so, develop the permanent amendments to 243 the Oneida Personnel Policies and Procedures within the next six (6) to twelve (12) months. 244 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 245  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 246 emergency legislation [1 O.C. 109.6-1]. 247 Page 7 of 7 Public Packet 39 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 1 2 3 4 5 6 ONEIDA NATION PERSONNEL POLICIES AND PROCEDURES MANUAL 7 8 9 Table of Contents (Last update 12/06/19)__/__/__) 10 11 12 SECTION I INTRODUCTION .................................................................................................................. 2 13 SECTION II - RECRUITING .................................................................................................................... 3 14 SECTION III – SELECTION POLICY ......................................................................................................... 6 15 SECTION IV – COMPENSATION AND BENEFITS ................................................................................... 13 16 SECTION V – EMPLOYEE RELATIONS.................................................................................................. 19 17 SECTION VI – SAFETY AND HEALTH ................................................................................................... 28 18 SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS ......................................................... 29 19 SECTION VIII - RECORDKEEPING ........................................................................................................ 30 20 SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS ............................................ 31 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Personnel Policies and Procedures (BACK TO TOP) 1 Public Packet 40 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 35 36 37 SECTION I – INTRODUCTION 38 39 40 41 42 43 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. 44 45 46 47 48 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. 49 50 51 52 53 54 55 56 57 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. 58 59 The Oneida Nation is proud to have you on our staff and we look forward to a fulfilling and successful team relationship. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Personnel Policies and Procedures (BACK TO TOP) 2 Public Packet 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 41 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 Personnel Policies and Procedures (BACK TO TOP) 3 Public Packet 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 42 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. Personnel Policies and Procedures (BACK TO TOP) 4 Public Packet 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 43 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 Personnel Policies and Procedures (BACK TO TOP) 5 Public Packet 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 44 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. 1 2 3 4 4 5 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) Personnel Policies and Procedures (BACK TO TOP) 6 Public Packet 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 45 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 l) Sister-in-law e) Brother m) 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; Personnel Policies and Procedures (BACK TO TOP) 7 Public Packet 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 46 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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: Personnel Policies and Procedures (BACK TO TOP) 8 Public Packet 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 47 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 Personnel Policies and Procedures (BACK TO TOP) 9 Public Packet 48 of 635 391 392 393 394 395 396 397 398 399 400 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 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 Personnel Policies and Procedures (BACK TO TOP) 10 Public Packet 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 C. 49 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 Personnel Policies and Procedures (BACK TO TOP) 11 Public Packet 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 50 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. Personnel Policies and Procedures (BACK TO TOP) 12 Public Packet 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 2. 51 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. Personnel Policies and Procedures (BACK TO TOP) 13 Public Packet 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 52 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 Personnel Policies and Procedures (BACK TO TOP) 14 Public Packet 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 53 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. Personnel Policies and Procedures (BACK TO TOP) 15 Public Packet 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 54 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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. Personnel Policies and Procedures (BACK TO TOP) 16 Public Packet 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 55 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 Personnel Policies and Procedures (BACK TO TOP) 17 Public Packet 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 56 of 635 Draft 1 Emergency Amendments for OBC Consideration (Redline to Current) 2022 05 11 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3eb83cd6a4b6df9a. Public record. Not legal advice.