Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

November 6, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. October 16, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Investigative Leave Policy Amendments (pg. 4)

IV.

New Submissions

1. Indian Preference in Contracting Law Amendments (pg. 45)

Additions

VI.

Administrative Updates

1. Approval of the December 4, 2024 LOC Community Meeting (pg. 46)

2. Legislative Operating Committee Fiscal Year 2024 Fourth Quarter Report (pg. 47)

3. E-Poll Results: Approval of the LOC and LRO FY 2025 Annual Reports for GTC (pg. 55)

VII.

Executive Session

VIII. Recess/Adjourn

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

October 16, 2024

9:00 a.m.

Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jennifer Webster

Others Present: Clorissa N. Leeman, Grace Elliott

Others Present on Microsoft Teams: Fawn Cottrell, Kaylynn Gresham, Kristal Hill, Maureen

Perkins, Rae Skenandore, Mark Powless, Todd Vanden Heuvel, Carolyn Salutz, Fawn Billie,

Michelle Hill, Sarah White, Marie Cornelius, Michelle Braaten, Peggy Helm-Quest, Barbara

Webster, Mary Graves, Tavia James-Charles, Jason Martinez, Lee Schuyler

Call to Order and Approval of the Agenda

Jameson Wilson called the October 16, 2024, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to approve the agenda; seconded by Marlon Skenandore.

Motion carried unanimously.

II.

Minutes to be Approved

III.

Current Business

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Certification of Amendments to Real Property Law Rule No. 2 - Comprehensive

Housing Division Residential Sales

Motion by Jennifer Webster to certify the amendments to the Real Property Law Rule No.

2 - Comprehensive Housing Division Residential Sales and forward to the Oneida Business

Committee; seconded by Marlon Skenandore. Motion carried unanimously.

2. E-Poll Results: Approval of the Canceled October 2, 2024 LOC Meeting Materials

Motion by Jonas Hill to enter into the record the results of the October 2, 2024, e-poll

entitled, Approval of the Canceled October 2, 2024 LOC Meeting Materials; seconded by

Jennifer Webster. Motion carried unanimously.

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Legislative Operating Committee Meeting Minutes of October 16, 2024

Page 1 of 2

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VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:08 a.m.; seconded by Kirby Metoxen.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of October 16, 2024

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\.

=DODDDD=

ONEIDA

Legislative Operating Committee

November 6, 2024

Investigative Leave Policy Amendments

Submission Date: 2/6/19

LOC Sponsor: Marlon Skenandore

Public Meeting: 9/13/24

Emergency Enacted: n/a

Summary: This item was carried over from the last three (3) terms. In February 2019, the Nation’s

Human Resources Department requested amendments to this law to address investigative

enforcement. Amendments to the law are being sought to delegate authority to investigators to put

employees on investigative leave, instead of just the supervisor of the employee, and discipline

employees. An amendment was also sought so that if terminated, an employee would be ineligible for

employment with the Nation but may request forgiveness after five (5) years. This item was added to

the Active Files List in conjunction with a request for amendments to the Oneida Personnel Policies

and Procedures and the Workplace Violence law.

10/7/20 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to

the Active Files List with David Jordan as the sponsor; seconded by Marie Summers.

Motion carried unanimously.

10/10/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

Salutz, Grace Elliott. This was an introductory meeting to open discussions around

the Investigative Leave Policy and any potential additional amendments including

but not limited to amending the leave to a paid status rather than unpaid.

11/29/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

Salutz, Grace Elliott. This meeting continued discussions around delegating

authority to investigators so that they are empowered act quickly to ensure a safe

work environment; and, to amend the policy in a comprehensive manner that more

accurately reflects its investigative purpose. The comprehensive amendment

discussion included but was not limited to paid leave, continuation of benefits and

credit for service time.

12/19/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

Salutz, Grace Elliott. The purpose of this meeting was to review draft language

implementing proposed amendments, and to discuss the use of investigative leaves

in other Laws.

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12/21/22:

Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Marie

Cornelius, Kirby Metoxen, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The

purpose of this meeting was to gather feedback from the LOC on amending the

Investigative Leave Policy from unpaid leave to paid leave. The consensus was to

move forward with drafting paid leave options for consideration.

01/12/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Kristal

Hill, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The purpose of the meeting

was to gather direction from the LOC on whether an objective of the Investigative

Leave Policy should be to consolidate all investigative leave policies in one Law.

Consensus from the members present supported moving in a consolidated direction,

to be considered further in conjunction with HRD at another meeting scheduled

January 20, 2023.

01/20/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel

Guzman, Carolyn Salutz, Clorissa Leeman, Grace Elliott, Todd Vanden Heuvel,

Matthew Denny, Joshua Cottrell, Peggy Van Gheem, Whitney Wheelock, Wendy

Alvarez. This was a work meeting held through Microsoft Teams. The purpose of

this meeting was to begin review of the draft paid investigative leave language.

1/26/23 LOC: Present: David Jordan, Jennifer Webster, Kirby Metoxen, Daniel

Guzman, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this

meeting was to update with a review of edits drafted based on suggestions from the

prior meeting.

2/13/23:

Work meeting. Present: Brenda Mendolla-Buckley, Carolyn Salutz, Chad Fuss,

Clorissa Leeman, Debra Powless, Derrick King, Grace Elliott, Kathleen King, Lorna

Skenandore, Lucy Neville, Mark Powless, Peggy Van Gheem, Sarah White. The

purpose of this meeting was to solicit feedback and share information regarding

amendments under consideration, and the Investigative Leave Policy in general, with

the General Managers and their delegates.

2/17/23:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Daniel

Guzman, Debra Powless, Mark Powless, Peggy Van Gheem, Wendy Alvarez,

Matthew Denny, Whitney Wheelock, Rita Reiter, Todd Vanden Heuvel, Grace

Elliott. The purpose of this meeting was to consider feedback and review an

amended and proposed final draft Investigative Leave Policy.

3/7/23:

Work Meeting. Present: Kirby Metoxen, Marie Cornelius, Daniel Guzman, Jennifer

Webster, Clorissa Leeman, Carolyn Salutz, Matthew Denny, Rhiannon Metoxen,

Derrick King, Lorna Skenandore, Donna Smith, Joshua Cottrell, Rita Reiter, Wendy

Alvarez, Louise Cornelius, Kristal Hill, Mark Powless, Debra Powless, Todd

Vanden Heuvel, Grace Elliott. The purpose of this meeting was to continue

development of potential paid and unpaid aspects of an investigative leave.

3/24/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel

Guzman, Todd Vanden Heuvel, Lorna Skenandore, Derrick King, Mark Powless,

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Wendy Alvarez, Debra Powless, Matthew Denny, Kristal Hill, Donna Smith, Grace

Elliott. The purpose of this meeting was to discuss the extent to which benefits will be

made available on investigative leave, and to continue to develop notice criteria and

lines of authority and responsibilities.

4/28/23:

Work Meeting. Present: David Jordan, Marie Cornelius, Daniel Guzman, Debra

Powless, Peggy Van Gheem, Todd Vanden Heuvel, Whitney Wheelock, Wendy

Alvarez, Laura Laitinen-Warren, Derrick King, Rita Reiter, Rhiannon Metoxen,

Lorna Skenandore, Daniel Habeck. The purpose of this meeting was to evaluate

various options for specific sections of the law.

5/3/23:

Work Meeting. David Jordan, Marie Cornelius, Daniel Guzman, Kirby Metoxen,

Clorissa Leeman, Kristal Hill, Matthew Denny. The purpose of this meeting is to

evaluate options for specific sections of the Law that have evolved through discussion

at the previous meeting.

10/4/23 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to the

Active Files List with Marlon Skenandore as the sponsor; seconded by Jonas Hill.

Motion carried unanimously.

1/8/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon

Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn

Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy

Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney

Wheelock, Carolyn Salutz. The purpose of this meeting was to provide an

introduction to the Investigative Leave law and begin review of the law.

3/4/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon

Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn

Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy

Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney

Wheelock. The purpose of this meeting was to review the law with a particular focus

on amendments that were made pursuant to the January 8, 2024, meeting.

4/30/24:

Work Meeting. Present: Kirby Metoxen, Jameson Wilson, Marlon Skenandore, Grace

Elliott, Fawn Cottrell, Kristal Hill, Peggy Van Gheem, Todd Vanden Heuvel,

Matthew Denny, Mark Powless, Lucy Neville, Maureen Perkins, Carolyn Salutz,

Fawn Billie. The purpose of this meeting was to review the final draft of the

Investigative Leave law for any additional amendments.

5/15/24 LOC: Motion by Jonas Hill to approve the draft of the Investigative Leave Policy

amendments and direct that a legislative analysis be developed; seconded by Marlon

Skenandore. Motion carried unanimously.

7/17/24 LOC: E-poll. The Legislative Operating Committee conducted an e-poll entitled, Approval

of the Canceled Approval of the Canceled July 17, 2024 LOC Meeting Materials. The

requested action of this e-poll was to: approve the June 19, 2024 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee; approve

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the adoption packet for the proposed amendments to the Back Pay law and forward to

the Oneida Business Committee for consideration; accept the legislative analysis for

the proposed amendments to the Investigative Leave Policy; accept the memorandum

from James Snitgen and remove the Environmental Review Law from the Active Files

List; add the Petition: L. Blackowl – New Recreation/Community Center Build to the

Active Files List with Jameson Wilson as the sponsor; accept the status update for the

Petition: L. Blackowl – New Recreation/Community Center Build and forward to the

Oneida Business Committee; enter into the record the results of the July 1, 2024 e-poll

entitled, Approval of the Computer Resources Ordinance Amendments Public Meeting

Packet, and approve the Legislative Operating Committee Fiscal Year 2024 Third

Quarter Report and forward to the Oneida Business Committee. This e-poll was

approved by Kirby Metoxen, Jennifer Webster, Jonas Hill, and Jameson Wilson.

Marlon Skenandore is on a personal leave and therefore did not provide a response to

the e-poll. On July 30, 2024, the Legislative Operating Committee conducted an e-poll

entitled, Approval of the Investigative Leave Policy Amendments Public Meeting

Packet. The requested action of this e-poll was to approve the Investigative Leave

Policy amendments public meeting packet and forward the Investigative Leave Policy

amendments to a public meeting to be held on September 13, 2024. This e-poll was

approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and Kirby Metoxen.

Marlon Skenandore is on a personal leave and therefore did not provide a response to

the e-poll.

9/13/24:

Public Meeting Held. Present: Kirby Metoxen, Kristal Hill, Grace Elliott, Todd

Vanden Heuvel, Matthew Denny, Whitney Wheelock, Brooke Doxtator, Carolyn

Salutz. A public meeting for the proposed amendments to the Investigative Leave

Policy was held at the Norbert Hill Center and on Microsoft Teams. No individuals

provided oral comments during the public meeting.

9/20/24:

Public Comment Period Closed. No individuals provided written comments during the

public comment period.

10/2/24:

E-Poll Conducted. This e-poll was titled, Approval of Canceled October 2, 2024

LOC Meeting Materials. The requested action of this e-poll was to: approve the

September 18, 2024, LOC meeting minutes and forward to the Oneida Business

Committee; approve the public meeting packet for the proposed amendments to the

Oneida Life Insurance Plan law, and forward the Oneida Life Insurance Plan law

amendments to a public meeting to be held on November 15, 2024; approve the

adoption packet for the Computer Resources Ordinance amendments and forward to

the Oneida Business Committee for consideration; approve the public comment

review memorandum, draft, and legislative analysis for the proposed amendments to

the Investigative Leave Policy; and approve the fiscal impact statement request

memorandum and forward the materials to the Finance Department directing that a

fiscal impact statement be prepared and submitted to the LOC by October 16, 2024.

The e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill, Jameson

Wilson, and Marlon Skenandore.

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10/16/24 LOC: Motion by Jonas Hill to enter into the record the results of the October 2, 2024, epoll entitled, Approval of the Canceled October 2, 2024 LOC Meeting Materials;

seconded by Jennifer Webster. Motion carried unanimously.

10/18/24 LOC: Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Clorissa

Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins,

Grace Elliott. The purpose of this meeting was to review the terms workplace and

worksite. The LOC opted to use workplace consistently.

Next Steps: Approve the adoption packet for the Investigative Leave Policy amendments and forward

to the Oneida Business Committee for consideration.

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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

Jameson Wilson, LOC Chairperson

November 6, 2024

Adoption of Amendments to the Investigative Leave Policy

Please find the following attached backup documentation for your consideration of the adoption

of amendments to the Investigative Leave Policy:

Resolution: Amendments to the Investigative Leave Policy

Statement of Effect: Amendments to the Investigative Leave Policy

Investigative Leave Policy Amendments Legislative Analysis

Investigative Leave Policy Amendments Draft (Redline)

Investigative Leave Policy Amendments Draft (Clean)

Investigative Leave Policy Amendments Fiscal Impact Statement

Overview

The purpose of the Investigative Leave Policy is to set forth a process to address investigative

leave for employees undergoing work-related investigations. [2 O.C. 208.1-1]. Amendments to

the Investigative Leave Policy are being sought to:

 Clarify the severity of an alleged violation that may warrant an investigative leave and

provide examples. [2 O.C. 208.4-1(a)].

 Clarify the type of risks that an investigative leave is intended to protect against. [2 O.C.

208.4-1(b)].

 Prevent undue financial harm to an employee placed on investigative leave. [2 O.C. 208.42(a)].

 Eliminate unpaid status for the employee placed on investigative leave for up to forty-five

(45) days. [2 O.C. 208.4-2(a)].

 Balance the intention to prevent undue financial harm to an employee placed on

investigative leave with the Nation’s fiscal responsibilities by shifting the employee to

unpaid status when an investigation cannot be safely concluded within forty-five (45) days.

[2 O.C. 208.4-2(c)].

 Clarify that an employee may use their personal and vacation time if the investigative leave

extends past forty-five (45) days. [2 O.C. 208.4-2(b)].

 Provide that when an employee has used their personal and vacation time up all pay and

benefits stop. [2 O.C. 208.4-2(c)].

 Extend the authority to initiate an investigative leave to include the Executive Director of

the Human Resource Department. [2 O.C. 208.5-1(a)].

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

Clarify that when there is no division director a supervisor must secure authorization from

the person at the highest level in the chain of command under the Oneida Business

Committee prior to placing an employee on investigative leave. [2 O.C. 208.5-1(b)(2)].

Delegate the authority for designating the individual or agency responsible for completing

the investigation to the Executive Director of the Human Resource Department and the

supervisor, instead of the employee’s supervisor and/or area manager. [2 O.C. 208.7-1].

Delete the requirement that the Equal Employment Officer always conducts the

investigation if the employee being investigated reports directly to the Oneida Business

Committee and instead provide that they may also serve as a liaison to an investigating

agency when that is more appropriate. [2 O.C. 208.7-1].

Eliminate the option for a supervisor to place an employee in an alternate work assignment

while on investigative leave. [2 O.C. 208.9-1(a)].

Expand the requirements that notice to the employee placed on investigative leave must

contain. The additional requirements are as follows: [2 O.C. 208.6-1].

 The employee must surrender all property of the Nation. [2 O.C. 208.6-1(i)].

 Clear documentation regarding the status of pay and benefits. [2 O.C. 208.6-1(c)].

 The definition of business hours. The employee is required to respond to inquiries

within twenty-four (24) business hours to remain on paid investigative leave within

the first forty-five (45) days. [2 O.C. 208.6-1(d)].

 Whether the investigation has been referred to an outside agency. [2 O.C. 208.61(g)].

 List of the employee’s responsibilities. [2 O.C. 208.6-1(k)].

 Email address of the person the employee may contact if they have questions related

to the investigative leave. [2 O.C. 208.6-1(h)].

Extend the issuance of the second notice to the employee placed on investigative leave

from fifteen (15) days to thirty-five (35) days. [2 O.C. 208.6-2].

Clarify that the second notice must provide the employee placed on investigative leave

with the following information: [2 O.C. 208.6-2].

 That the employee remains an employee of the Nation. [2 O.C. 208.6-2(a)].

 Clear documentation regarding the cessation of pay and benefits. [2 O.C. 208.6-2(b)].

 The definition of business hours as it pertains to the employee’s particular area of

employment. [2 O.C. 208.6-2(c)].

 The expected length of the investigation. [2 O.C. 208.6-2(d)].

 The telephone number, email address, and name of the person to contact with

questions. [2 O.C. 208.6-2(e)].

 The employee’s responsibilities. [2 O.C. 208.6-2(f)].

Eliminate the requirement that a supervisor must conclude an investigation without waiting

for the conclusion of a criminal or licensing matter. [2 O.C. 208.9-1(a)].

Eliminate the requirement that an investigative leave must close upon the passing of fifteen

(15) days, plus a possible extension of fifteen (15) days, unless an outside agency is

conducting the investigation and instead allow the decision makers to close an investigative

leave when a reasonable determination based on verifiable facts can be made. [2 O.C.

208.8-1].

Expedite investigations by adding a requirement that the supervisor, or the EEO Officer

(whichever is overseeing the investigation), provide the Executive Director of the Human

Resource Department with weekly updates on the investigation. [2 O.C. 208.8-2].

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

Eliminate the provision that requires the supervisor to conclude an investigation within

forty-eight (48) hours of receiving the investigative report when someone else is

conducting the investigation. [2 O.C. 208.8-1].

Provide the employee who was placed on investigative leave with a redacted copy of the

investigative report when requested, instead of only providing the redacted report to an

employee who files an appeal. [2 O.C. 208.7-4(c)].

Require the supervisor to provide written notice and justification to the Executive Director

of the Human Resource Department if they choose not to follow the corrective action

recommended by the investigator(s). [2 O.C. 208.7-4(a)(1)].

Expand an employee’s responsibilities when on an investigative leave to include the

surrender of all property of the Nation, respond to any inquires within twenty-four (24)

business hours, and not share anything related to the investigation on social media. [2 O.C.

208.10-2. 2 O.C. 208.12-1].

Create the option for an exception to be made to the complete prohibition of the employee

who is placed on investigative leave entering any public worksite; if, and only if, it is

determined that access is necessary, safe, appropriate, and the specific conditions under

which access may be allowed are provided for in the notice to the employee. [2 O.C. 208.91(a)(1)].

Require that the employee placed on investigative leave respond to all inquiries within

twenty-four (24) business hours. [2 O.C. 208.9-1(e)].

The Legislative Operating Committee developed the proposed amendments to the Investigative

Leave Policy through collaboration with representatives from the Human Resources Department,

Oneida Law Office, Gaming, and General Manager. The Legislative Operating Committee held

sixteen (16) work meetings on the development of the amendments to the Investigative Leave

Policy.

The development of the amendments to the Investigative Leave Policy complies with all processes

and procedures required by the Legislative Procedures Act, including the development of a

legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting

and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Investigative Leave Policy on September 13, 2024. No individuals provided public comments

during this public meeting. The public comment period was then held open until September 20,

2024. No written comments were received during this public comment period.

The amendments to the Investigative Leave Policy will become effective on December 11, 2024.

Requested Action

Adopt the Resolution: Amendments to the Investigative Leave Policy

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Investigative Leave Policy

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 Investigative Leave Policy (“the Law”) was adopted by the Oneida Business Committee

through resolution BC-04-07-99-A, and amended by resolutions BC-08-13-14-D and BC06-24-15-A; and

WHEREAS,

the purpose of this Law is to set forth a process to address investigative leave for

employees undergoing work-related investigations; and

WHEREAS,

the amendments to the Law revise the title and references throughout the Law from

“Investigative Leave Policy” to “Investigative Leave Law”; and

WHEREAS,

the amendments to the Law clarify the level of severity that an alleged violation must reach

in order to warrant an investigative leave and provides examples; and

WHEREAS,

the amendments to the Law prevent undue financial harm to an employee placed on

investigative leave; and

WHEREAS,

the amendments to the Law eliminate unpaid status for the employee placed on

investigative leave for up to forty-five (45) days; and

WHEREAS,

the amendments to the Law balance the intention to prevent undue financial harm to an

employee placed on investigative leave with the Nation’s fiscal responsibilities by shifting

the employee to unpaid status when an investigation cannot be safely concluded within

forty-five (45) days; and

WHEREAS,

the amendments to the Law clarify that an employee may use their personal and vacation

time if the investigative leave extends past forty-five (45) days; and

WHEREAS,

the amendments to the Law provide that when an employee has used all of their personal

and vacation time up all pay and benefits stop; and

WHEREAS,

the amendments to the Law extend the authority to initiate an investigative leave to

include the Executive Director of the Human Resource Department; and

WHEREAS,

the amendments to the Law clarify that when there is no division director a supervisor

must secure authorization from the person at the highest level in the chain of command

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BC Resolution _____________

Amendments to the Investigative Leave Policy

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100

101

under the Oneida Business Committee prior to placing an employee on investigative

leave; and

WHEREAS,

the amendments to the Law delegate the authority for designating the individual or agency

responsible for completing the investigation to the Executive Director of the Human

Resource Department and the supervisor, instead of the employee’s supervisor and/or

area manager; and

WHEREAS,

the amendments to the Law delete the requirement that the Equal Employment Officer

always conducts the investigation if the employee being investigated reports directly to

the Oneida Business Committee and instead provide that they may also serve as a

liaison to an investigating agency when that is more appropriate; and

WHEREAS,

the amendments to the Law eliminate the option for a supervisor to place an employee in

an alternate work assignment while on investigative leave; and

WHEREAS,

the amendments to the Law expand the requirements that notice to the employee placed

on investigative leave must contain.

WHEREAS,

the amendments to the Law extend the issuance of the second notice to the employee

placed on investigative leave from fifteen (15) days to thirty-five (35) days; and

WHEREAS,

the amendments to the Law clarify the requirements that the second notice to the

employee placed on investigative leave must contain.

WHEREAS,

the amendments to the Law eliminate the requirement that a supervisor must conclude

an investigation without waiting for the conclusion of a criminal or licensing matter; and

WHEREAS,

the amendments to the Law eliminate the requirement that an investigative leave must

close upon the passing of fifteen (15) days, plus a possible extension of fifteen (15) days,

unless an outside agency is conducting the investigation and instead allow the decision

makers to close an investigative leave when a reasonable determination based on

verifiable facts can be made; and

WHEREAS,

the amendments to the Law expedite investigations by adding a requirement that the

supervisor, or the Equal Employment Officer (whichever is overseeing the investigation),

provide the Executive Director of the Human Resource Department with weekly updates

on the investigation; and

WHEREAS,

the amendments to the Law provide the employee who was placed on investigative leave

with a redacted copy of the investigative report when requested, instead of only providing

the redacted report to an employee who files an appeal; and

WHEREAS,

the amendments to the Law require the supervisor to provide written notice and

justification to the Executive Director of the Human Resource Department if they choose

not to follow the corrective action recommended by the investigator(s); and

WHEREAS,

the amendments to the Law expand an employee’s responsibilities when they are placed

on an investigative leave to include the surrender of all property of the Nation, respond to

any inquires within twenty-four (24) business hours, and not share anything related to the

investigation on social media; and

WHEREAS,

the amendments to the Law create the option for an exception to be made to the complete

prohibition of the employee who is placed on investigative leave entering any public

worksite; if, and only if, it is determined that access is necessary, safe, appropriate, and

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BC Resolution _____________

Amendments to the Investigative Leave Policy

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the specific conditions under which access may be allowed are provided for in the notice

to the employee; and

WHEREAS,

the amendments to the Law eliminate the provision that requires the supervisor to conclude

an investigation within forty-eight (48) hours of receiving the investigative report when

someone else is conducting the investigation; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Human Resources Department,

Oneida Law Office, Gaming, General Manager; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments

to the Law on September 13, 2024, with no individuals providing oral comments, and the

public comment period for the amendments to this Law was held open until September 20,

2024, with no submission of written comments received; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Investigative Leave Policy, now known as the Investigative Leave Law, which shall become effective

on December 11, 2024.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Amendments to the Investigative Leave Policy

Summary

This resolution adopts amendments to the Investigative Leave Policy.

Submitted by: Grace L. Elliott, Staff Attorney, Legislative Reference Office

Date: November 6, 2024

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Investigative Leave Policy. The purpose of the

Investigative Leave Policy is to set forth a process to address investigative leave for employees

undergoing work-related investigations. [2 O.C. 208.1-1]. Amendments to the Investigative Leave

Policy are being sought to:

 Clarify the severity of an alleged violation that may warrant an investigative leave and

provide examples. [2 O.C. 208.4-1(a)].

 Clarify the type of risks that an investigative leave is intended to protect against. [2 O.C.

208.4-1(b)].

 Prevent undue financial harm to an employee placed on investigative leave. [2 O.C. 208.42(a)].

 Eliminate unpaid status for the employee placed on investigative leave for up to forty-five

(45) days. [2 O.C. 208.4-2(a)].

 Balance the intention to prevent undue financial harm to an employee placed on

investigative leave with the Nation’s fiscal responsibilities by shifting the employee to

unpaid status when an investigation cannot be safely concluded within forty-five (45) days.

[2 O.C. 208.4-2(c)].

 Clarify that an employee may use their personal and vacation time if the investigative leave

extends past forty-five (45) days. [2 O.C. 208.4-2(b)].

 Provide that when an employee has used their personal and vacation time up all pay and

benefits stop. [2 O.C. 208.4-2(c)].

 Extend the authority to initiate an investigative leave to include the Executive Director of

the Human Resource Department. [2 O.C. 208.5-1(a)].

 Clarify that when there is no division director a supervisor must secure authorization from

the person at the highest level in the chain of command under the Oneida Business

Committee prior to placing an employee on investigative leave. [2 O.C. 208.5-1(b)(2)].

 Delegate the authority for designating the individual or agency responsible for completing

the investigation to the Executive Director of the Human Resource Department and the

supervisor, instead of the employee’s supervisor and/or area manager. [2 O.C. 208.7-1].

 Delete the requirement that the Equal Employment Officer always conducts the

investigation if the employee being investigated reports directly to the Oneida Business

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

Committee and instead provide that they may also serve as a liaison to an investigating

agency when that is more appropriate. [2 O.C. 208.7-1].

Eliminate the option for a supervisor to place an employee in an alternate work assignment

while on investigative leave. [2 O.C. 208.9-1(a)].

Expand the requirements that notice to the employee placed on investigative leave must

contain. The additional requirements are as follows: [2 O.C. 208.6-1].

 The employee must surrender all property of the Nation. [2 O.C. 208.6-1(i)].

 Clear documentation regarding the status of pay and benefits. [2 O.C. 208.6-1(c)].

 The definition of business hours. The employee is required to respond to inquiries

within twenty-four (24) business hours to remain on paid investigative leave within

the first forty-five (45) days. [2 O.C. 208.6-1(d)].

 Whether the investigation has been referred to an outside agency. [2 O.C. 208.61(g)].

 List of the employee’s responsibilities. [2 O.C. 208.6-1(k)].

 Email address of the person the employee may contact if they have questions related

to the investigative leave. [2 O.C. 208.6-1(h)].

Extend the issuance of the second notice to the employee placed on investigative leave

from fifteen (15) days to thirty-five (35) days. [2 O.C. 208.6-2].

Clarify that the second notice must provide the employee placed on investigative leave

with the following information: [2 O.C. 208.6-2].

 That the employee remains an employee of the Nation. [2 O.C. 208.6-2(a)].

 Clear documentation regarding the cessation of pay and benefits. [2 O.C. 208.6-2(b)].

 The definition of business hours as it pertains to the employee’s particular area of

employment. [2 O.C. 208.6-2(c)].

 The expected length of the investigation. [2 O.C. 208.6-2(d)].

 The telephone number, email address, and name of the person to contact with

questions. [2 O.C. 208.6-2(e)].

 The employee’s responsibilities. [2 O.C. 208.6-2(f)].

Eliminate the requirement that a supervisor must conclude an investigation without waiting

for the conclusion of a criminal or licensing matter. [2 O.C. 208.9-1(a)].

Eliminate the requirement that an investigative leave must close upon the passing of fifteen

(15) days, plus a possible extension of fifteen (15) days, unless an outside agency is

conducting the investigation and instead allow the decision makers to close an investigative

leave when a reasonable determination based on verifiable facts can be made. [2 O.C.

208.8-1].

Expedite investigations by adding a requirement that the supervisor, or the EEO Officer

(whichever is overseeing the investigation), provide the Executive Director of the Human

Resource Department with weekly updates on the investigation. [2 O.C. 208.8-2].

Eliminate the provision that requires the supervisor to conclude an investigation within

forty-eight (48) hours of receiving the investigative report when someone else is

conducting the investigation. [2 O.C. 208.8-1].

Provide the employee who was placed on investigative leave with a redacted copy of the

investigative report when requested, instead of only providing the redacted report to an

employee who files an appeal. [2 O.C. 208.7-4(c)].

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Require the supervisor to provide written notice and justification to the Executive Director

of the Human Resource Department if they choose not to follow the corrective action

recommended by the investigator(s). [2 O.C. 208.7-4(a)(1)].

 Expand an employee’s responsibilities when on an investigative leave to include the

surrender of all property of the Nation, respond to any inquires within twenty-four (24)

business hours, and not share anything related to the investigation on social media. [2 O.C.

208.10-2. 2 O.C. 208.12-1].

 Create the option for an exception to be made to the complete prohibition of the employee

who is placed on investigative leave entering any public worksite; if, and only if, it is

determined that access is necessary, safe, appropriate, and the specific conditions under

which access may be allowed are provided for in the notice to the employee. [2 O.C. 208.91(a)(1)].

 Require that the employee placed on investigative leave respond to all inquiries within

twenty-four (24) business hours. [2 O.C. 208.9-1(e)].

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Investigative Leave Policy amendments complied with all processes and procedures

required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].



The Legislative Operating Committee held a public meeting on the proposed amendments to the

Investigative Leave Policy on September 13, 2024. No individuals provided public comments

during this public meeting. The public comment period was then held open until September 20,

2024. No written comments were received during this public comment period.

The amendments to the Investigative Leave Policy will become effective on December 11, 2024.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Draft 1

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INVESTIGATIVE LEAVE LAW

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Legislation or

Amendments

Analysis by the Legislative Reference Office

▪ Clarify the severity of an alleged violation that may warrant an investigative

leave and provide examples. [2 O.C. 208.4-1(a)].

▪ Clarify the type of risks that an investigative leave is intended to protect against.

[2 O.C. 208.4-1(b)].

▪ Prevent undue financial harm to an employee placed on investigative leave. [2

O.C. 208.4-2(a)].

▪ Eliminate unpaid status for the employee placed on investigative leave for up

to forty-five (45) days. [2 O.C. 208.4-2(a)].

▪ Balance the intention to prevent undue financial harm to an employee placed

on investigative leave with the Nation’s fiscal responsibilities by shifting the

employee to unpaid status when an investigation cannot be safely concluded

within forty-five (45) days. [2 O.C. 208.4-2(c)].

▪ Clarify that an employee may use their personal and vacation time if the

investigative leave extends past forty-five (45) days. [2 O.C. 208.4-2(b)].

▪ Provide that when an employee has used their personal and vacation time up all

pay and benefits stop. [2 O.C. 208.4-2(c)].

▪ Extend the authority to initiate an investigative leave to include the Executive

Director of the Human Resource Department. [2 O.C. 208.5-1(a)].

▪ Clarify that when there is no division director a supervisor must secure

authorization from the person at the highest level in the chain of command

under the Oneida Business Committee prior to placing an employee on

investigative leave. [2 O.C. 208.5-1(b)(2)].

▪ Delegate the authority for designating the individual or agency responsible for

completing the investigation to the Executive Director of the Human Resource

Department and the supervisor, instead of the employee’s supervisor and/or

area manager. [2 O.C. 208.7-1].

▪ Delete the requirement that the Equal Employment Officer always conducts the

investigation if the employee being investigated reports directly to the Oneida

Business Committee and instead provide that they may also serve as a liaison

to an investigating agency when that is more appropriate. [2 O.C. 208.7-1].

▪ Eliminate the option for a supervisor to place an employee in an alternate work

assignment while on investigative leave. [2 O.C. 208.9-1(a)].

▪ Expand the requirements that notice to the employee placed on investigative

leave must contain. The additional requirements are as follows: [2 O.C. 208.61].

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▪

The employee must surrender all property of the Nation. [2 O.C. 208.61(i)].

▪ Clear documentation regarding the status of pay and benefits. [2 O.C.

208.6-1(c)].

▪ The definition of business hours. The employee is required to respond

to inquiries within twenty-four (24) business hours to remain on paid

investigative leave within the first forty-five (45) days. [2 O.C. 208.61(d)].

▪ Whether the investigation has been referred to an outside agency. [2

O.C. 208.6-1(g)].

▪ List of the employee’s responsibilities. [2 O.C. 208.6-1(k)].

▪ Email address of the person the employee may contact if they have

questions related to the investigative leave. [2 O.C. 208.6-1(h)].

Extend the issuance of the second notice to the employee placed on

investigative leave from fifteen (15) days to thirty-five (35) days. [2 O.C.

208.6-2].

Clarify that the second notice must provide the employee placed on

investigative leave with the following information: [2 O.C. 208.6-2].

▪ That the employee remains an employee of the Nation. [2 O.C. 208.62(a)].

▪ Clear documentation regarding the cessation of pay and benefits. [2

O.C. 208.6-2(b)].

▪ The definition of business hours as it pertains to the employee’s

particular area of employment. [2 O.C. 208.6-2(c)].

▪ The expected length of the investigation. [2 O.C. 208.6-2(d)].

▪ The telephone number, email address, and name of the person to

contact with questions. [2 O.C. 208.6-2(e)].

▪ The employee’s responsibilities. [2 O.C. 208.6-2(f)].

Eliminate the requirement that a supervisor must conclude an investigation

without waiting for the conclusion of a criminal or licensing matter. [2 O.C.

208.9-1(a)].

Eliminate the requirement that an investigative leave must close upon the

passing of fifteen (15) days, plus a possible extension of fifteen (15) days,

unless an outside agency is conducting the investigation and instead allow the

decision makers to close an investigative leave when a reasonable

determination based on verifiable facts can be made. [2 O.C. 208.8-1].

Expedite investigations by adding a requirement that the supervisor, or the EEO

Officer (whichever is overseeing the investigation), provide the Executive

Director of the Human Resource Department with weekly updates on the

investigation. [2 O.C. 208.8-2].

Eliminate the provision that requires the supervisor to conclude an investigation

within forty-eight (48) hours of receiving the investigative report when

someone else is conducting the investigation. [2 O.C. 208.8-1].

Provide the employee who was placed on investigative leave with a redacted

copy of the investigative report when requested, instead of only providing the

redacted report to an employee who files an appeal. [2 O.C. 208.7-4(c)].

Require the supervisor to provide written notice and justification to the

Executive Director of the Human Resource Department if they choose not to

follow the corrective action recommended by the investigator(s). [2 O.C.

208.7-4(a)(1)].

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▪

Purpose

Affected Entities

Related Legislation

Enforcement

Due Process

Public Meeting

Fiscal Impact

Expand an employee’s responsibilities when on an investigative leave to

include the surrender of all property of the Nation, respond to any inquires

within twenty-four (24) business hours, and not share anything related to the

investigation on social media. [2 O.C. 208.10-2. 2 O.C. 208.12-1].

▪ Create the option for an exception to be made to the complete prohibition of

the employee who is placed on investigative leave entering any public worksite;

if, and only if, it is determined that access is necessary, safe, appropriate, and

the specific conditions under which access may be allowed are provided for in

the notice to the employee. [2 O.C. 208.9-1(a)(1)].

▪ Require that the employee placed on investigative leave respond to all inquiries

within twenty-four (24) business hours. [2 O.C. 208.9-1(e)].

The purpose of this law is to set forth a process to address investigative leave for

employees undergoing work-related investigations. [2 O.C. 208.1-1].

Oneida Nation employees.

Workplace Violence law, Back Pay law, Oneida Personnel Policies and Procedures,

Computer Resources Ordinance, Judiciary law, and Oneida Judiciary Rules of Civil

Procedure.

Any employee who violates this law is subject to discipline in accordance with the

Nation’s laws and policies governing employment. The employee who is the

subject of the investigation shall be moved to unpaid status if during the forty-five

(45) day paid leave period the employee fails to respond to an inquiry within

twenty-four (24) business hours. [2 O.C. 208.10-2].

An employee may appeal any disciplinary action arising out of an investigation in

accordance with the Nation’s laws and policies governing employment. [2 O.C.

208.11-1].

A public meeting was held on September 13, 2024. The public comment period

was held open until September 20, 2024. No public comments were received

during the public meeting or comment period.

A fiscal impact statement was provided by the Finance Administration on

October 9, 2024.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Investigative Leave Policy was originally adopted by the Oneida Business

Committee by motion on April 7, 1999, and then through resolutions BC-08-13-14-D, and BC-06-2415-A. The Investigative Leave Policy provides the Nation and its employees with a consistent

framework for investigating serious allegations against an employee that protects the Nation and its

employees while also preventing undue harm to the employee who is the subject of the investigation

and has not yet been determined to have committed any wrongdoing. [2 O.C. 208.1-1].

B. Request for Amendments. This item was carried over from the last three (3) terms. In February 2019,

the Nation’s Human Resources Department requested amendments to this law to address investigative

enforcement. Amendments to the law are being sought to delegate authority to investigators to put

employees on investigative leave, instead of just the supervisor of the employee, and discipline

employees. An amendment was also sought so that if terminated, an employee would be ineligible for

employment with the Nation but may request forgiveness after five (5) years. This item was added to

the Active Files List in conjunction with a request for amendments to the Oneida Personnel Policies

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and Procedures and the Workplace Violence law. The current sponsor of the Investigative Leave

Policy amendments is Councilman Marlon Skenandore.

SECTION 3. CONSULTATION AND OUTREACH

SECTION 4. PROCESS

•

Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Human Resources Department (HRD);

▪ Oneida Law Office;

▪ Gaming; and

▪ General Manager.

The following laws of the Nation were reviewed in the drafting of this analysis:

▪ Back Pay law;

▪ Workplace Violence law;

▪ Pardon and Forgiveness law;

▪ Computer Resources Ordinance;

▪ Oneida Personnel Policies and Procedures;

▪ Judiciary law; and

▪ Oneida Judiciary Rules of Civil Procedure.

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files

List for amendments.

▪ On October 3, 2023, the Legislative Operating Committee added this Law to its Active Files

List for amendments.

▪ On May 15, 2024, the Legislative Operating Committee approved the draft of the Investigative

Leave Policy amendments and directed that a legislative analysis be developed.

▪ On July 17, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval

of the Canceled July 17, 2024 LOC Meeting Materials. The requested action of this e-poll was

to: approve the June 19, 2024 Legislative Operating Committee meeting minutes and forward

to the Oneida Business Committee; approve the adoption packet for the proposed amendments

to the Back Pay law and forward to the Oneida Business Committee for consideration; accept

the legislative analysis for the proposed amendments to the Investigative Leave Policy; accept

the memorandum from James Snitgen and remove the Environmental Review Law from the

Active Files List; add the Petition: L. Blackowl – New Recreation/Community Center Build to

the Active Files List with Jameson Wilson as the sponsor; accept the status update for the

Petition: L. Blackowl – New Recreation/Community Center Build and forward to the Oneida

Business Committee; enter into the record the results of the July 1, 2024 e-poll entitled,

Approval of the Computer Resources Ordinance Amendments Public Meeting Packet, and

approve the Legislative Operating Committee Fiscal Year 2024 Third Quarter Report and

forward to the Oneida Business Committee. This e-poll was approved by Kirby Metoxen,

Jennifer Webster, Jonas Hill, and Jameson Wilson. Marlon Skenandore is on a personal leave

and therefore did not provide a response to the e-poll.

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On July 30, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval

of the Investigative Leave Policy Amendments Public Meeting Packet. The requested action of

this e-poll was to approve the Investigative Leave Policy amendments public meeting packet

and forward the Investigative Leave Policy amendments to a public meeting to be held on

September 13, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson

Wilson, and Kirby Metoxen. Marlon Skenandore is on a personal leave and therefore did not

provide a response to the e-poll.

On September 13, 2024, the public meeting was held for the proposed amendments to the

Investigative Leave Policy. No individuals provided oral comments during the public meeting.

On September 20, 2024, the public comment period closed. No individuals provided written

comment during the public comment period.

On October 2, 2024, the Legislative Operating Committee conducted an e-poll entitled,

Approval of Canceled October 2, 2024 LOC Meeting Materials. The requested action of this

e-poll was to: approve the September 18, 2024, LOC meeting minutes and forward to the

Oneida Business Committee; approve the public meeting packet for the proposed amendments

to the Oneida Life Insurance Plan law, and forward the Oneida Life Insurance Plan law

amendments to a public meeting to be held on November 15, 2024; approve the adoption packet

for the Computer Resources Ordinance amendments and forward to the Oneida Business

Committee for consideration; approve the public comment review memorandum, draft, and

legislative analysis for the proposed amendments to the Investigative Leave Policy; and

approve the fiscal impact statement request memorandum and forward the materials to the

Finance Department directing that a fiscal impact statement be prepared and submitted to the

LOC by October 16, 2024. The e-poll was approved by Jennifer Webster, Kirby Metoxen,

Jonas Hill, Jameson Wilson, and Marlon Skenandore.

On October 9, 2024, the Finance Administration provided the Legislative Operating Committee

with the fiscal impact statement for the proposed amendments to the Investigative Leave

Policy.

On October 16, 2024, the Legislative Operating Committee entered into the record the results

of the October 2, 2024, e-poll, Approval of the Canceled October 2, 2024 LOC Meeting

Materials.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ October 10, 2022: LOC work meeting with HRD.

▪ November 11, 2022: LOC work meeting with HRD.

▪ December 19, 2022: LOC work meeting with HRD.

▪ December 21, 2022: LOC work session.

▪ January 20, 2023: LOC work meeting with HRD.

▪ On January 26, 2023: LOC work session.

▪ February 13, 2023: LOC work meeting with HRD, Oneida Law Office, and Gaming.

▪ February 17, 2023: LOC work meeting with HRD and Oneida Law Office.

▪ March 7, 2023: LOC work meeting with HRD and Gaming.

▪ March 24, 2023: LOC work meeting with HRD and Gaming.

▪ April 28, 2023: LOC work meeting with HRD, Gaming, and Oneida Law Office.

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May 3, 2023: LOC work meeting with HRD.

January 8, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.

March 3, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.

April 30, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.

October 18, 2024: LOC work session.

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SECTION 5. CONTENTS OF THE LEGISLATION (OR AMENDMENTS)

A. Types of Alleged Violations and the Risks an Investigative Leave is Designed to Protect Against.

The proposed amendments to the Law clarify the nature and severity of the type of an alleged

violation that may rise to a level to warrant an investigative leave and examples are listed. [2 O.C.

208.4-1(a)]. The Law currently only identifies that an investigative leave shall be used when the

employee allegedly commits an act which would preclude the employee from meeting employment

eligibility requirements. [2 O.C. 208.4-1(d)]. The proposed amendments to the Law also clarify

some of the risks that an investigative leave is intended to protect against by providing several

examples of the Nation’s resources and interests that may be put at risk if the employee were to

remain in the workplace. [2 O.C. 208.4-1(b). 2 O.C. 208.4-1(c)].

▪ Effect. Identifying the types of allegations and risks that an investigative leave is intended to

protect against will make it easier to identify when an investigative leave should be utilized

and that in turn will provide greater protections by facilitating a swift response.

B. Paid and Unpaid Investigative Leave. The proposed amendments to the Law eliminate unpaid

status for the employee placed on investigative leave for up to forty-five (45) days and provides for

them to use their personal and vacation time if the investigative leave extends past forty-five (45)

days. [2 O.C. 208.4-2(a). 208.4-2(b)]. Currently, an investigative leave is unpaid unless the

employee is placed in an alternate work assignment. [2 O.C. 208.5-5]. The proposed amendments

to the Law provide that upon the expiration of forty-five (45) days and the employee’s personal

and vacation time, all pay, and benefits will stop. [2 O.C. 208.4-1(c))]. The proposed amendments

to the law also require the employee to respond to inquiries within twenty-four (24) business hours

and if they fail to respond within the twenty-four (24) hour time frame they will immediately be

shifted to unpaid status. [2 O.C. 208.9-1(e)]. The proposed amendments to the Law add protections

for the employee placed on investigative leave while also balancing the Nation’s fiscal

responsibilities.

▪ Effect. The proposed amendments to the Law prevent undue financial harm to an employee

placed on investigative by allowing them to be paid for up to forty-five (45) days and then to

use their personal and vacation time after that. Employees placed on investigative will not be

paid or retain benefits after the expiration of forty-five (45) days on investigative leave and the

exhaustion of the employee’s vacation and personal time, or, if the employee does not respond

to an inquiry within twenty-four (24) business hours.

C. Authority to Initiate an Investigative Leave. The proposed amendments to the Law extend the

authority to initiate an investigative leave to include the Executive Director of the Human Resource

Department. [2 O.C. 208.5-1(a)]. The Law currently only authorizes the supervisor to initiate an

investigative leave. [Currently 2 O.C. 208.5-1]. However, the seriousness of an allegation that

might justify an investigative leave requires a swift response and the Executive Director of the

Human Resource Department or their designee may be in the best position to initiate an

investigative leave when the supervisor and their division director are not both readily available.

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When the Executive Director of the Human Resource Department initiates an investigative leave,

they shall provide notice to the employee’s supervisor at the same time. The proposed amendments

to the Law also clarify that prior to placing an employee on investigative leave a supervisor must

secure authorization from both the Executive Director of the Human Resource Department and the

supervisor’s division director, if there is no division director, the person at the highest level of the

chain of command under the Oneida Business Committee. [2 O.C. 208.5-1(b)].

▪ Effect. The Executive Director of the Human Resource Department is authorized to initiate an

investigative leave and the authorizations that a supervisor must secure prior to initiating an

investigative leave are clarified.

D. Authority to Designate the Individual or Agency to Conduct the Investigation. The proposed

amendments to the Law delegate authority to designate the individual or agency to conduct the

investigation to the Executive Director of the Human Resource Department and the supervisor,

instead of the employee’s supervisor and/or area manager. [2 O.C. 208.7-1)]. The proposed

amendments to the Law also provide that when the employee being investigated reports directly to

the Oneida Business Committee the Equal Employment Officer does not automatically serve as the

investigator but may alternatively serve as a liaison to an investigating agency. [2 O.C. 208.7-1].

▪ Effect. The Executive Director of the Human Resource Department and the supervisor

designate the individual or agency to conduct the investigation. The Equal Employment Officer

may conduct an investigation or serve as the liaison to the agency conducting the investigation.

These amendments provide greater flexibility and efficiency in designating the individual or

agency that is responsible for conducting the investigation.

E. Alternate Work Assignments. The proposed amendments to the Law eliminate the provision

allowing a supervisor to place an employee who is on investigative leave in another position within

the Nation. [2 O.C. 208.5-4]. The types of harms that an investigative leave is intended to protect

against are serious enough that placing the employee in an alternate work assignment during an

investigation may not be prudent.

▪ Effect. The proposed amendments to the Law completely remove the employee from the

workplace which eliminates the potential opportunity to cause harm to the Nation and its

resources.

F. Initial Employee Notice. The proposed amendments to the Law expand the requirements that

notice to the employee placed on investigative leave must contain. [2 O.C. 208.6-1(a-k)]. The Law

currently requires notice to the employee to include: the specific allegations being investigated; the

employee is on unpaid status unless placed in an alternative work assignment; the expected length

of the investigation; whether the investigation is being forwarded to an outside agency; the

telephone number and name of person to contact with questions; the procedure to return to work at

the close of the investigation, if applicable; and the employee remains an employee of the Nation.

[Currently 2 O.C. 208.6-1(a-f)]. The proposed amendments include the following additional

requirements:

i. The employee must surrender all property of the Nation pursuant to section 208.91(c). [2 O.C. 208.6-1(i)].

ii. Clear documentation regarding the status of pay and benefits. [2 O.C. 208.6-1(ac)].

iii. The definition of business hours. The employee is required to respond to inquiries

within twenty-four (24) business hours to remain on paid investigative leave within

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the first forty-five (45) days. Business hours may be different depending on the

department and so it is helpful to include that definition in the notice to the

employee. [2 O.C. 208.6-1(d)].

iv. The employee’s responsibilities pursuant to section 208.9. [2 O.C. 208.6-1(k)].

v. The email address of the person the employee may contact if they have questions

related to the investigative leave is added to the current disclosure of the name and

telephone number. [2 O.C. 208.6-1(h)].

▪ Effect. The employee placed on investigative leave will have full and clear knowledge of what

to expect and what is expected of them during the investigative leave because the requirements

for the notice have been expanded to include additional details.

G. Second Employee Notice. The proposed amendments to the Law move the timing of the second

employee notice from fifteen (15) days to thirty-five (35) days. This ensures that the employee

receives a timely reminder that their pay status will change from paid to unpaid at forty-five (45)

days. [2 O.C. 208.6-2]. Providing a second notice at fifteen days is no longer beneficial as there is

no automatic shift in status at fifteen (15) days and the employee has already been notified that the

investigative leave may extend forty-five (45) days or more. The Law currently only requires the

second notice to inform the employee that the investigation is being extended and the reason for

that extension. [Currently 2 O.C. 208.6-2]. The proposed amendments to the Law now require the

second notice to the employee contain the following:

i. That the employee remains an employee of the Nation. [2 O.C.208.6-2(a)].

ii. Clear documentation regarding the cessation of pay and benefits. [2 O.C.208.62(b)].

iii. The definition of business hours as it pertains to the employee’s particular area of

employment. [2 O.C.208.6-2(c)].

iv. The expected length of the investigation. [2 O.C.208.6-2(d)].

v. The telephone number, email address, and name of the person to contact with

questions. [2 O.C.208.6-2(e)].

vi. The employee’s responsibilities pursuant to section 208.9. [2 O.C.208.6-2(f)].

▪ Effect. The employee placed on investigative leave will have full and timely knowledge of any

change in status, what to expect, and what is expected of them while placed on investigative

leave because the expanded requirements for notice provide those additional details.

H. Reports. The proposed amendments to the Law provide the employee with a redacted copy of the

investigative report, if requested, rather than only if the employee files an appeal. [2 O.C. 208.74(c)]. This eliminates any incentive for the employee to file an appeal simply to gain access to the

redacted copy of the investigative report.

▪ Effect. The proposed amendments to the Law provide a redacted copy of the investigative

report to the employee who was the subject of the investigation if they request it.

I. Corrective Action. The proposed amendments to the Law include a provision requiring the

supervisor to provide written notice to the Executive Director of the Human Resource Department

if they choose to take any corrective action which deviates from the recommendation of the

investigator(s), and the written notice must provide the justification for the deviation. [2 O.C.

208.7-4(a)(1)]. Currently, the supervisor alone determines the course of disciplinary action and is

not required to communicate their chosen course of disciplinary action to the Executive Director

of the Human Resource Department or any other employee in their chain of command.

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▪

Effect. Communication and collaboration are enhanced between the supervisor and the

Executive Director of the Human Resource Department by requiring any deviation from the

corrective action recommended by the investigator to be justified and shared in writing.

J. Concluding an Investigation. The proposed amendments to the Law clarify the safety standard

that must be met in determining when to conclude the investigation. The investigation concludes

when it has produced enough verifiable facts and information for the employee’s supervisor and

the Executive Director of the Human Resource Department to make a reasonable determination on

workplace safety and employee status, the determination is recorded in the employee’s permanent

files, and the employee has either returned from work or separated from their employment with the

Nation. [2 O.C. 208.8-1)]. The proposed amendments to the Law remove the requirement that an

investigative leave closes upon the passing of a certain amount of time. Currently, the law provides

that an investigation may last for fifteen (15) days with a possible extension of fifteen (15) days,

unless an outside agency is conducting the investigation. [Currently 2 O.C. 208.8-1]. That time

based standard is replaced with the requirement that the investigative leave closes when the

decision makers have gathered enough information to make a fully informed decision. [2 O.C.

208.8-1].

▪ Effect. The proposed amendments to the Law prioritize safety over the passing of time as the

primary factor to be considered when determining when to conclude an investigation and/or

investigative leave.

K. Weekly Updates. The proposed amendments to the Law require either the supervisor or the Equal

Employment Opportunity Officer to provide weekly updates on the investigation to the Executive

Director of the Human Resource Department. [2 O.C. 208.8-2].

▪ Effect. The proposed amendment to the Law ensures that investigations are conducted in the

most efficient manner possible by keeping attention on the investigation and documenting

progress via weekly updates.

L. Surrender of Property of the Nation. The proposed amendments to the Law expand on and clarify

an employee’s responsibilities when placed on investigative leave to include the surrender of all

property of the Nation. [2 O.C. 208.9-1(b). 208.9-1(c)]. The Law currently does not require an

employee placed on investigative leave to surrender all work related property of the Nation during

an investigation.

▪ Effect. The proposed amendments to the Law safeguard the Nation’s resources during the

investigative leave by removing any property of the Nation from the employee’s control.

M. Worksite Access. An employee placed on investigative leave is prohibited from entering their place

of work or worksite. [2 O.C. 208.9-1(a)]. However, the proposed amendments to the Law allow

for an exception to be created when appropriate so that the employee may access areas of

importance under specific conditions and that information will be included in the notice provided

to the employee, if applicable. [2 O.C. 208.9-1(a)(1)].

▪ Effect. The employee placed on investigative leave is provided with clear documentation of the

conditions to be met if they are to be allowed to enter their worksite for the sole purpose of

accessing necessary resources. For example, an employee placed on investigative leave who

works at the Oneida Health Center might be allowed to enter their worksite for a doctor’s

appointment if they meet the conditions provided for in the notice.

N. Employee Responsibility to Respond to Inquiries. The proposed amendments to the Law add a

requirement that the employee respond to any inquires within twenty-four (24) business hours. [2

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O.C. 208.10-2]. This ensures that an investigation can be concluded as efficiently as possible and

differentiates an investigative leave from other types of leaves that an employee may take or be

placed on. This Law provides that an employee placed on paid investigative leave who fails to

respond to an inquiry within twenty-four (24) business hours will lose their paid status. [2 O.C.

208.10-1].

▪ Effect. An employee placed on paid investigative leave who fails to respond to an inquiry within

twenty-four (24) business hours will immediately be shifted to unpaid status.

O. Confidentiality. The proposed amendments to the Law update confidentiality requirements to

prohibit any employee from posting information related to the investigation on social media. [2

O.C. 208.12-1].

▪ Effect. Any employee who posts information about the investigation on social media is in

violation this Law and is subject to discipline pursuant to the Nation’s policies and laws

governing employment.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Related legislation. The following laws of the Nation are related to the proposed amendments to this

Law:

▪ Workplace Violence Law. The purpose of the Workplace Violence law is to provide all Oneida

Nation employees and visitors an environment that is free of violence and the threat of violence

by establishing the procedures by which incidents of workplace violence shall be addressed. [2

O.C. 223.1-1. 223.1-2].

▪ Workplace violence means any intentional act committed by an employee in a workplace

that: inflicts, attempts to inflict, or threatens to inflict emotional or bodily harm on

another person's; or inflicts, attempts to inflict, or threatens to inflict, damage to property.

[2 O.C. 223.3-1(k)].

▪ The Workplace Violence law provides that a supervisor may place an employee alleged

to be involved in a workplace violence incident on investigative leave, if the supervisor

deems the investigative leave necessary and appropriate, in accordance with the Nation’s

laws, policies and rules governing investigative leave except for the EEO Officer or

designee, not the employee’s supervisor, shall conduct the investigation of the alleged

workplace violence incident. [2 O.C. 223.8-4].

▪ The Workplace Violence law provides that allegations of workplace violence may be

investigated in accordance with the Investigative Leave Policy. [2 O.C. 223.8-4].

▪ The amendments to the Law provide that complaints of alleged workplace violence shall

be investigated in accordance with the Nation’s Investigative Leave Policy. [2 O.C.

208.4-1(a)].

▪ The amendments to the Law explicitly list workplace violence as one of the types of

allegations of wrongdoing that warrant an employee being placed on an investigative

leave. [2 O.C. 208.4-1(a)(1)].

▪ Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

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▪

This Law provides that an employee may appeal any disciplinary action arising out of an

investigation in accordance with the Nation’s laws and policies governing employment

which is the Oneida Personnel, Policies, and Procedures. [2 O.C. 208.11-1].

Judiciary Law. The purpose of the Judiciary law is to establish a Judiciary, and to provide for the

administration of law, justice, judicial procedures and practices by the Oneida Nation as a sovereign

nation by exercising the inherent power to make, execute, apply and enforce its own law, and to

apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.1-1].

▪ The Judiciary law provides that employment grievances shall be heard in accordance with

the Nation’s Personnel Policies and Procedures. [8 O.C. 801.4-6(c)].

▪ This Law provides that an employee placed on an investigative leave may appeal any

disciplinary action arising out of that investigation in accordance with the Nation’s laws

and policies governing employment, which includes the right to file an appeal with the

Judiciary when supported by the Nation’s Personnel, Policies, and Procedures. [2 O.C.

208.11-1].

Back Pay law. The purpose of the Back Pay law is to set forth standards used in the calculation of

back pay for all employees in accordance with the Nation’s laws. [ 2 O.C. 206.1-1].

▪ This Law provides that an employee will receive back pay and benefits for anytime the

employee was on unpaid investigative leave pursuant to the laws governing back pay if

they return to their position at the conclusion of the investigation. [2 O.C. 208.4-2(d)].

Pardon and Forgiveness law. The purpose of the Pardon and Forgiveness law includes providing

a fair, efficient and formal process by which an employee may receive forgiveness for acts that

render them ineligible for employment with the Nation; an occupational license, certification or

permit issued by the Nation. [1 O.C. 126-1(a)(3)].

▪ This Law provides that an employee may appeal any disciplinary action arising out of an

investigation in accordance with the Nation’s laws and policies governing employment.

[2 O.C. 208.11-1].

Computer Resources Ordinance. The purpose of the Computer Resources Ordinance is to

regulate the usage of Nation owned and operated computer resources. [2 O.C. 215.1-1]. The

Computer Resources Ordinance includes guidelines for the limited circumstances that an

employee may use those resources for personal matters. [2 O.C. 215.7-1].

▪ This Law prohibits any employee from posting any information related to the

investigation on social media. [2 O.C. 208.12-1].

Social Media Policy. The purpose of the Social Media Policy is to regulate social media accounts

administered on behalf of the Nation or an entity of the Nation. [2 O.C. 218.1-1]. The Social Media

Policy does not provide a right for employees to use the internet or social media while at work for

personal use. [2 O.C. 218.1-3]. Supervisors retain discretion to permit or prohibit the personal use

of the Nation's computers in accordance with the Computer Resources Ordinance. [2 O.C. 218.13].

▪ This Law prohibits any employee from posting any information related to the

investigation on social media. [2 O.C. 208.12-1].

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. This Law provides that an employee placed on paid investigative leave who fails to respond to an

inquiry within twenty-four (24) business hours will lose their paid status, and any employee who

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violates this Law shall be subject to discipline pursuant to the Nation’s law and policies governing

employment. [2 O.C. 208.10-1. 208.10-2].

B. The Oneida Judiciary will provide enforcement and accountability in the grievance process. Employees

placed on an investigative leave who receive a disciplinary action they believe to be unfair may

challenge the action first to the Area Manager and HRD Manager, and then to the Judiciary Trial Court.

[Section V.D(6)].

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SECTION 8. OTHER CONSIDERATIONS

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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution

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BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative

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Procedures Act,” provides further clarification on who the Legislative Operating Committee may

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direct complete a fiscal impact statement at various stages of the legislative process, as well as

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timeframes for completing the fiscal impact statement.

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a. Conclusion. The Legislative Operating Committee received a fiscal impact statement from

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the Finance Administration on October 9, 2024.

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Title 2. Employment – Chapter 208

INVESTIGATIVE LEAVE LAWPOLICY

208.1 Purpose and Policy

208.2 Adoption, Amendment, Repeal

208.3 Definitions

208.4 Scope

208.5 Authorization

208.6 Employee Notice

208.7 Investigator(s) and Reports

208.8 Duration

208.9 Employee Responsibilities

208.10 EnforcementPay and Benefits

208.11 AppealEnforcement

208.12 ConfidentialityAppeal

208.13 Confidentiality

208.1 Purpose and Policy

208.1-1

The purpose of this lawPolicy is to set forth a process to address investigative

leave for employees undergoing work-related investigations.

208.1-2.

It is the policy of the Oneida Tribe of the NationIndians of Wisconsin to conduct

objective, confidential investigations into alleged employee misconduct.maintain confidentiality

and avoid undue influence when conducting an investigation into an employee’s alleged wrong

doings.

208.2 Adoption, Amendment, Repeal

208.2-1. This lawpolicy was adopted by the Oneida Business Committee by resolution BC-0407-99-A, and amended by resolution BC-08-13-14-D, and BC-06-24-15-A, and BC-_-_-_-_.

208.2-2. This lawpolicy may be amended or repealed by the Oneida Business Committee or

the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

208.2-3. Should a provision of this lawpolicy or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this

lawpolicy which are considered to have legal force without the invalid portions.

208.2-4. In the event of a conflict between a provision of this lawpolicy and a provision of

another lawpolicy, the provisions of this lawpolicy shall control.

208.2-5. This lawpolicy is adopted under authority of the Constitution of the Oneida Nation.

Tribe of Indians of Wisconsin.

208.3 Definitions

208.3-1. This section shall governs the definitions of words and phrases used within this

lawPolicy. All words not defined herein shall be used in their ordinary and everyday sense.

(a) “Day” means calendar day.

(a)(b) “Employee” shall means any individual who is employed by the NationTribe and

is subject to the direction and control of the Tribe with respect to the material details of

the work performed, or who has the status of an employee under the usual common law

rules applicable to determining the employer-employee relationship. “Employee”

includes, but is not limited to; an individual employed by any program or enterprise of

the Tribe, but does not include elected or appointed officials or individuals employed by

a corporation chartered by the Nation.political appointees.

(b)(c) “Investigative leave” shall means a temporary absence from an employee’sregular

job duties for the purpose of conducting an investigation into alleged employee

misconduct.to determine whether conduct or alleged conduct by an employee should

result in disciplinary action and/or termination of employment.

(d) “Nation”“Tribal” or “Tribe” shall means the Oneida Nation.Tribe of Indians of

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Wisconsin.

(c)(e) “Workplace” means any location owned and operated by the Nation, any location

where employees are staffing an event sponsored by the Nation, and any location where

an employee represents the Nation, including over-the-road travel in Nation owned or

rented vehicles and any circumstances where an employee is being reimbursed for

expenses.

208.4 Scope

208.4-1. An employee shall be placed on investigative leave when a situation requires an

investigation be conducted and one (1) of the following occurs:

(a) The nature and severity of the alleged violation, or alleged illegal activity, is

significant; including but not limited to:A situation requires an investigation be

conducted and the employee’s presence may influence the outcome.

(1) Workplace violence;

(2) Sexual harassment;

(3) Theft;

(4) Arson, bribery, or perjury; or

(5) Obstruction or interference with an investigation authorized by the Nation.

(a)(b) The employee’s presence in the workplace may result in the destruction of

evidence relevant to the investigation, result in loss or damage to property of the Nation,

or otherwise damage legitimate interests of the Nation; including, but not limited to

classified, privileged, proprietary, financial or medical records; and the privacy of

individuals whose data the Nation holds in its systems.

safety, health, or personal property of employees, contractors, vendors or visitors to a

facility of the Nation.

(b)(d) An employee allegedly commits an act which would preclude the employee from

meeting employment eligibility including required lLicenses, the Tribal fFidelity bBond,

commercial crime policy, or bBackground iInvestigation requirements.

208.4-2. This policy shall not be used as a form of discipline.

208.4-2. Investigative leave shall include:

(a) Up to forty-five (45) days without loss of or reduction in:

(1) Pay;

(2) Credit for time or service;

(3) Benefits to which the employee is otherwise entitled to under the Nation’s

laws governing employment, except that:

(A) Personal and vacation time shall not accrue.

(b) After forty-five (45) days on paid investigative leave an employee may use their

personal and vacation time.

personal and vacation time all pay and benefits shall cease.

(d) After forty-five (45) days of paid investigative leave, an employee shall receive backpay and benefits for any time the employee was on unpaid investigative leave pursuant to

the laws governing back-pay if they return to their position at the conclusion of the

investigation.

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208.5 Authorization

208.5-1. InvestigativeThis leave, or an extension of this leave, shall only be used: when an

employee’s supervisor receives prior approval from the Human Resources Department Manager

or his or her designee and:

(a) their Division Director; or When initiated by the Executive Director of the Human

Resource Department with concurrent written notice to the employee’s supervisor; or

(b) if there is no Division Director, the person at the highest level of the chain of

command. When initiated by an employee’s supervisor after receiving written approval

from the Executive Director of the Human Resource Department or their designee, and:

(1) Their division director; or

(2) If there is no division director, the person at the highest level of the chain of

command under the Oneida Business Committee.

208.5-2. If the Human Resources Department Manager or his or her designee and the Division

Director or his or her equivalent do not agree with placing the employee on investigative leave,

then the final decision shall rest with the Human Resources Department Manager or his or her

designee.

208.5-23. The prior approvalApproval requested in 208.5-1(b) shall be granted or denied by the

Executive Director of the Human Resource Department within forty-eight (48) hours of

receiving the request.

208.5-3. An investigative leave shall initially be authorized for a period of forty-five (45) days.

(a) If the investigative leave is not projected to conclude within forty-five (45) days, the

initial authorizer(s) may review and authorize the extension of the investigative leave

until such time that a safe and equitable determination may reasonably be reached.

208.5-4. During the investigative leave, the employee’s supervisor shall authorize an

alternative work assignment if all the following occur:

(a) The alleged action does not preclude the employee from working elsewhere in the

organization;

(b) An alternative work assignment is available; and

208.5-5. If an employee is placed in an alternative work assignment under section 208.5-4, the

alternative work assignment shall be considered a part of the investigative leave and the

employee shall continue to receive their same rate of pay.

208.6 Employee Notice

208.6-1. When the employee is placed on investigative leave, the employee shall immediately

receive a written notice from the employee’s supervisor, or if the employee’s supervisor is

unavailable, their designee of equal or greater authority; the notice shall contain the following:

(a) The specific allegation(s) being investigated;This action does not denote any

wrongdoing on the part of the employee.

(b) The employee shall be on unpaid status, unless he or she is placed in an alternative

work assignment;The employee remains an employee of the Nation.

status of pay and benefits while on investigative leave.

(d) The expected length of the investigation;The definition of business hours as it

pertains to the employee’s particular area of employment.

(e) Whether or not the investigation is being forwarded to an outside agency;The specific

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allegation(s) being investigated.

(f) The telephone number and name of person to contact in case of questions;The

expected length of the investigation.

(g) The procedures to return to work upon completion of the investigation; andWhether

or not the investigation is being forwarded to an outside agency.

(h) That the employee still remains as an employee with the Tribe.The telephone number,

email address, and name of person to contact in case of questions.

(i) The employee shall surrender all property of the Nation pursuant to section 208.9-1(c).

(j) The procedures to return to work upon completion of the investigation.

(k) Employee responsibilities pursuant to section 208.9.

208.6-2. If the employee’s investigative leave is projected to extended past the initial forty-five

(45)original fifteen (15) calendar days pursuant to section 208.5-38-1, the supervisor or their

designee of equal or greater authority shall immediately notice the employee in writing of this

extension and the reason for the extension at least ten (10) days prior to the expiration of the

initial forty-five (45) days. The notice shall contain the following:

(a) That the employee remains an employee of the Nation.

(b) Clear documentation regarding the cessation of pay and benefits.

employment.

(d) The expected length of the investigation.

(e) The telephone number, email address, and name of the person to contact in case of

questions.

(f) Employee responsibilities pursuant to section 208.9.

208.7 Investigator(s) and Reports

208.7-1. The Executive Director of the Human Resource Department, in collaboration with the

supervisor,employee’s supervisor and/or area manager shall be responsible for designating the

individual or agency responsible for completing the investigation. If the employee being

investigated reports directly to the Oneida Business Committee, the Tribal Equal Employment

Opportunity Officer shall either conduct the investigation or serve as the point of contact and

coordinator for the investigative agency.

208.7-2. If the allegations against the employee include criminal actions, or actions that may

affect licensing, the supervisor mayshall conclude the employment related investigation without

waiting for the results of a criminal or licensing investigation.

(a) Documentation of criminal proceedings or licensing outcomes shall be maintained in

the employee’s personnel file within the Human Resource Department.

208.7-3. The person(s) conducting an investigation shall prepare a written report that shall

include the findings of the investigation, and if someone other than the employee’s supervisor

conducts the investigation, a copy of the written report shall be provided to the employee’s

supervisor. If someone other than the employee’s supervisor conducts the investigation, within

forty-eight (48) hours of receiving the written report, the supervisor shall complete the

investigation by determining and documenting any corrective actions needed.

208.7-4. The employee’s supervisor shall prepare a memorandum based on the information

produced during the investigationwritten report which shall be provided to the employee and

shall inform the employee of the following:

(a) Ccorrective actions needed based on the written report, if any; and

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(1) Should the supervisor choose not to follow the corrective action recommended

by the investigator(s), they shall provide written notice and justification to the

Executive Director of the Human Resource Department.

(b) Wwhen to return to work, if applicable. and/or what disciplinary action will be taken

against the employee based on the report; and

request.only in the event the employee appeals any disciplinary action.

208.8 Duration

208.8-1. An investigative leave shall conclude when the investigation has produced sufficient

information and verifiable facts for the employee’s supervisor and the Executive Director of the

Human Resource Department to make a reasonable determination on workplace safety and

employee status; documentation of that determination has been recorded in permanent files, and

the employee has either returned to work or separated from their employment.be no longer than

fifteen (15) calendar days, with the ability to extend one (1) time for an additional fifteen (15)

calendar days with a valid explanation of the reason for the extension. The extension shall be

determined by the same individuals who placed the employee on investigative leave in section

208.5-1. However, if the investigation is forwarded to an outside agency, these timelines shall

not apply.

208.8-2. All investigations shall be completed as expeditiously as circumstances permit. The

supervisor shall provide weekly updates to the Executive Director of the Human Resource

Department, or if an outside entity is conducting the investigation, the Equal Employment

Opportunity Officer shall provide the weekly updates.

Investigative leave shall end upon

any of the following occurrences:

(a) the expiration of the fifteen (15) calendar day time limit, if applicable;

(b) the expiration of the fifteen (15) calendar day extension if granted;

(d) the employee’s return to work based on the written report submitted to the employee after

an investigation is completed; or

(e) the employee chooses to resign or retire.

208.9 Employee Responsibilities

208.9-1. An employee placed on investigative leave shall:

(a) Not report to work or the worksite workplace without prior supervisory approval;

(1) Written permission to enter a public workplace and the conditions thereof may

be included in the employee notice.

(b)

Abide by all Tribal laws and policies; andNot discuss the investigation with

employees or post information related to the investigation on social media pursuant to

section 208.12-1.

(1) Time keeping badge(s),

(2) Identification card(s),

(3) Laptop(s),

(4) Vehicles and key(s),

(5) Cell phone.

2 O.C. 208 – Page 5

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(dc) Fully cooperate with the investigation as requested by those conducting the

investigation.

(e) Respond to all inquiries within twenty-four (24) business hours.

208.10 Pay and Benefits

208.10-1. Paid leave shall not be authorized.

208.10-2. An employee placed on investigative leave shall not receive any wages or benefits

unless placed in an alternative work assignment. If the employee refuses the alternative work

assignment and is returned to work, the employee shall not receive any back pay or benefits.

208.10-3. If an alternative work assignment is not available, the employee may use his or her

accrued vacation and/or personal time while on investigative leave.

208.10-4. An employee shall receive back pay and benefits for the time the employee was on

investigative leave pursuant to the Back Pay Policy if all of the following occur:

(a) The employee was not offered an alternative work assignment when placed on

investigative leave; and

(b) The employee is returned to his or her position; and

208.101 Enforcement

208.101-1. Any employee found violating this lawPolicy shall be subject to discipline in

accordance with the Nation’sTribe’s laws and policies governing employment.personnel policies

and procedures.

208.10-2. Failure by the employee to respond to inquiries within twenty-four (24) business hours

will result in the termination of paid investigative leave and immediately shift the employee to

unpaid status.

208.112 Appeal

208.112-1. An employee may appeal any disciplinary action arising out of an investigation in

accordance with the Nation’s laws and policies governing employment.Tribe’s personnel

policies and procedures.

208.123 Confidentiality

208.123-1. Information related to an investigation is confidential and may not be released in any

manner, including social media, except only be released in accordance with relevant laws. and

personnel policies and procedures.

208.123-2. All investigation materials shall be maintained in the employee’s personnel file with

the Human Resources Department.

End.

OBC Approved 4-07-99-A

Amended- 08-13-14-D

Amended – BC-06-24-15-A

Amended _ BC-__-__-__-__

2 O.C. 208 – Page 6

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Title 2. Employment – Chapter 208

INVESTIGATIVE LEAVE LAW

208.1 Purpose and Policy

208.2 Adoption, Amendment, Repeal

208.3 Definitions

208.4 Scope

208.5 Authorization

208.6 Employee Notice

208.7 Investigator(s) and Reports

208.8 Duration

208.9 Employee Responsibilities

208.10 Enforcement

208.11 Appeal

208.12 Confidentiality

208.1 Purpose and Policy

208.1-1

The purpose of this law is to set forth a process to address investigative leave for

employees undergoing work-related investigations.

It is the policy of the of the Nation to conduct objective, confidential investigations into alleged

employee misconduct.

208.2 Adoption, Amendment, Repeal

208.2-1. This law was adopted by the Oneida Business Committee by resolution BC-04-07-99A, and amended by resolution BC-08-13-14-D, BC-06-24-15-A, and BC-_-_-_-_.

208.2-2. This law may be amended or repealed by the Oneida Business Committee or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

208.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

208.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

208.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

208.3 Definitions

208.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Day” means calendar day.

(b) “Employee” means any individual who is employed by the Nation but does not include

elected or appointed officials or individuals employed by a corporation chartered by the

Nation.

purpose of conducting an investigation into alleged employee misconduct.

(d) “Nation” means the Oneida Nation.

(e) “Workplace” means any location owned and operated by the Nation, any location

where employees are staffing an event sponsored by the Nation, and any location where an

employee represents the Nation, including over-the-road travel in Nation owned or rented

vehicles and any circumstances where an employee is being reimbursed for expenses.

208.4 Scope

208.4-1. An employee shall be placed on investigative leave when a situation requires an

investigation be conducted and one (1) of the following occurs:

2 O.C. 208 – Page 1

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(a) The nature and severity of the alleged violation, or alleged illegal activity, is significant;

including but not limited to:

(1) Workplace violence;

(2) Sexual harassment;

(3) Theft;

(4) Arson, bribery, or perjury; or

(5) Obstruction or interference with an investigation authorized by the Nation.

(b) The employee’s presence in the workplace may result in the destruction of evidence

relevant to the investigation, result in loss or damage to property of the Nation, or otherwise

damage legitimate interests of the Nation; including, but not limited to classified,

privileged, proprietary, financial or medical records; and the privacy of individuals whose

data the Nation holds in its systems.

safety, health, or personal property of employees, contractors, vendors or visitors to a

facility of the Nation.

(d) An employee allegedly commits an act which would preclude the employee from

meeting employment eligibility including required licenses, fidelity bond, commercial

crime policy, or background investigation requirements.

208.4-2. Investigative leave shall include:

(a) Up to forty-five (45) days without loss of or reduction in:

(1) Pay;

(2) Credit for time or service;

(3) Benefits to which the employee is otherwise entitled to under the Nation’s laws

governing employment, except that:

(A) Personal and vacation time shall not accrue.

(b) After forty-five (45) days on paid investigative leave an employee may use their

personal and vacation time.

and vacation time all pay and benefits shall cease.

(d) After forty-five (45) days of paid investigative leave, an employee shall receive backpay and benefits for any time the employee was on unpaid investigative leave pursuant to

the laws governing back-pay if they return to their position at the conclusion of the

investigation.

208.5 Authorization

208.5-1. Investigative leave, or an extension of this leave, shall only be used:

(a) When initiated by the Executive Director of the Human Resource Department with

concurrent written notice to the employee’s supervisor; or

(b) When initiated by an employee’s supervisor after receiving written approval from the

Executive Director of the Human Resource Department or their designee, and:

(1) Their division director; or

(2) If there is no division director, the person at the highest level of the chain of

command under the Oneida Business Committee.

208.5-2. Approval requested in 208.5-1(b) shall be granted or denied by the Executive Director

of the Human Resource Department within forty-eight (48) hours of receiving the request.

2 O.C. 208 – Page 2

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208.5-3. An investigative leave shall initially be authorized for a period of forty-five (45) days.

(a) If the investigative leave is not projected to conclude within forty-five (45) days, the

initial authorizer(s) may review and authorize the extension of the investigative leave until

such time that a safe and equitable determination may reasonably be reached.

208.6 Employee Notice

208.6-1. When the employee is placed on investigative leave, the employee shall immediately

receive a written notice from the employee’s supervisor, or if the employee’s supervisor is

unavailable, their designee of equal or greater authority; the notice shall contain the following:

(a) This action does not denote any wrongdoing on the part of the employee.

(b) The employee remains an employee of the Nation.

leave.

(d) The definition of business hours as it pertains to the employee’s particular area of

employment.

(e) The specific allegation(s) being investigated.

(f) The expected length of the investigation.

(g) Whether or not the investigation is being forwarded to an outside agency.

(h) The telephone number, email address, and name of person to contact in case of

questions.

(i) The employee shall surrender all property of the Nation pursuant to section 208.9-1(c).

(j) The procedures to return to work upon completion of the investigation.

(k) Employee responsibilities pursuant to section 208.9.

208.6-2. If the employee’s investigative leave is projected to extend past the initial forty-five

(45) days pursuant to section 208.5-3, the supervisor or their designee of equal or greater authority

shall immediately notice the employee in writing of this extension and the reason for the extension

at least ten (10) days prior to the expiration of the initial forty-five (45) days. The notice shall

contain the following:

(a) That the employee remains an employee of the Nation.

(b) Clear documentation regarding the cessation of pay and benefits.

employment.

(d) The expected length of the investigation.

(e) The telephone number, email address, and name of the person to contact in case of

questions.

(f) Employee responsibilities pursuant to section 208.9.

208.7 Investigator(s) and Reports

208.7-1. The Executive Director of the Human Resource Department, in collaboration with the

supervisor, shall be responsible for designating the individual or agency responsible for completing

the investigation. If the employee being investigated reports directly to the Oneida Business

Committee, the Equal Employment Opportunity Officer shall either conduct the investigation or

serve as the point of contact and coordinator for the investigative agency.

208.7-2. If the allegations against the employee include criminal actions, or actions that may

affect licensing, the supervisor may conclude the employment related investigation without

waiting for the results of a criminal or licensing investigation.

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(a) Documentation of criminal proceedings or licensing outcomes shall be maintained in the

employee’s personnel file within the Human Resource Department.

208.7-3. The person(s) conducting an investigation shall prepare a written report that shall

include the findings of the investigation, and if someone other than the employee’s supervisor

conducts the investigation, a copy of the written report shall be provided to the employee’s

supervisor.

208.7-4. The employee’s supervisor shall prepare a memorandum based on the information

produced during the investigation which shall be provided to the employee and shall inform the

employee of the following:

(a) Corrective actions needed based on the written report, if any; and

(1) Should the supervisor choose not to follow the corrective action recommended

by the investigator(s), they shall provide written notice and justification to the

Executive Director of the Human Resource Department.

(b) When to return to work, if applicable.

request.

208.8 Duration

208.8-1. An investigative leave shall conclude when the investigation has produced sufficient

information and verifiable facts for the employee’s supervisor and the Executive Director of the

Human Resource Department to make a reasonable determination on workplace safety and

employee status; documentation of that determination has been recorded in permanent files, and

the employee has either returned to work or separated from their employment.

208.8-2. All investigations shall be completed as expeditiously as circumstances permit. The

supervisor shall provide weekly updates to the Executive Director of the Human Resource

Department, or if an outside entity is conducting the investigation, the Equal Employment

Opportunity Officer shall provide the weekly updates.

208.9 Employee Responsibilities

208.9-1. An employee placed on investigative leave shall:

(a) Not report to work or the workplace without prior supervisory approval;

(1) Written permission to enter a public workplace and the conditions thereof may

be included in the employee notice.

(b)Not discuss the investigation with employees or post information related to the

investigation on social media pursuant to section 208.12-1.

(1) Time keeping badge(s),

(2) Identification card(s),

(3) Laptop(s),

(4) Vehicles and key(s),

(5) Cell phone.

(d) Fully cooperate with the investigation as requested by those conducting the

investigation.

(e) Respond to all inquiries within twenty-four (24) business hours.

2 O.C. 208 – Page 4

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208.10 Enforcement

208.10-1. Any employee found violating this law shall be subject to discipline in accordance

with the Nation’s laws and policies governing employment.

208.10-2. Failure by the employee to respond to inquiries within twenty-four (24) business

hours will result in the termination of paid investigative leave and immediately shift the

employee to unpaid status.

208.11 Appeal

208.11-1. An employee may appeal any disciplinary action arising out of an investigation in

accordance with the Nation’s laws and policies governing employment.

208.12 Confidentiality

208.12-1. Information related to an investigation is confidential and may not be released in any

manner, including social media, except in accordance with relevant laws.

208.12-2. All investigation materials shall be maintained in the employee’s personnel file with

the Human Resources Department.

End.

OBC Approved 4-07-99-A

Amended- 08-13-14-D

Amended – BC-06-24-15-A

Amended _ BC-__-__-__-__

2 O.C. 208 – Page 5

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FINANCE ADMINISTRATION ODODOO

Fiscal Impact Statement ONEIDA

MEMORANDUM

TO:

RaLinda Ninham-Lamberies, Chief Financial Officer

FROM:

Rae Skenandore, Senior Analyst/Budget Coordinator

DATE:

October 8, 2024

RE:

Fiscal Impact of the Proposed Amendments to the Investigative Leave Policy

I. Estimated Fiscal Impact Summary

Law: Amendments to the Investigative Leave Policy

I Draft 1

Implementing Agency

Human Resource Department (HRD)

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

10 days, in compliance with the Legislative Procedures Act

Current Fiscal Year

10 Year Estimate

No Fiscal Impact

II. Background

This Policy was originally adopted by the Oneida Business Committee on April 7, 1999, and

then through resolutions BC-08-13-14-D, and BC-06-24-3 15-A. The purpose of this Policy is to

provide a consistent process to complete an investigation for allegations against an employee of

the Nation.

According to the Legislative Reference Office (LRO), the amendments to the Policy include the

following.

• Clarify the severity of an alleged violation that may warrant an investigative leave and

provide examples.

• Clarify the type of risks that an investigative leave is intended to protect against.

• Prevent undue financial harm to an employee placed on investigative leave.

• Eliminate unpaid status for the employee placed on investigative leave for up to fortyfive (45) days.

42 of 131

•

Balance the intention to prevent undue financial harm to an employee placed on

investigative leave with the Nation’s fiscal responsibilities by shifting the employee to

unpaid status when an investigation cannot be safely concluded within forty-five (45)

days.

Clarify that an employee may use their personal and vacation time if the investigative

leave extends past forty-five (45) days.

Provide that when an employee has used their personal and vacation time up all pay and

benefits stop.

Extend the authority to initiate an investigative leave to include the Executive Director of

the Human Resource Department.

Clarify that when there is no division director a supervisor must secure authorization

from the person at the highest level in the chain of command under the Oneida Business

Committee prior to placing an employee on investigative leave.

Delegate the authority for designating the individual or agency responsible for

completing the investigation to the Executive Director of the Human Resource

Department and the supervisor, instead of the employee’s supervisor and/or area

manager.

Delete the requirement that the Equal Employment Officer always conducts the

investigation if the employee being investigated reports directly to the Oneida Business

Committee and instead provide that they may also serve as a liaison to an investigating

agency when that is more appropriate.

Eliminate the option for a supervisor to place an employee in an alternate work

assignment while on investigative leave.

Expand the requirements that notice to the employee placed on investigative leave must

contain. The additional requirements are as follows:

o The employee must surrender all property of the Nation.

o Clear documentation regarding the status of pay and benefits.

o The definition of business hours. The employee is required to respond to inquiries

within twenty-four (24) business hours to remain on paid investigative leave

within the first forty-five (45) days.

o Whether the investigation has been referred to an outside agency.

o List of the employee’s responsibilities.

o Email address of the person the employee may contact if they have questions

related to the investigative leave.

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

ONEIDA

43 of 131

•

Extend the issuance of the second notice to the employee placed on investigative leave

from fifteen (15) days to thirty-five (35) days.

Clarify that the second notice must provide the employee placed on investigative leave

with the following information:

o That the employee remains an employee of the Nation.

o Clear documentation regarding the cessation of pay and benefits.

o The definition of business hours as it pertains to the employee’s particular area of

employment.

o The expected length of the investigation.

o The telephone number, email address, and name of the person to contact with

questions.

o The employee’s responsibilities.

Eliminate the requirement that a supervisor must conclude an investigation without

waiting for the conclusion of a criminal or licensing matter.

Eliminate the requirement that an investigative leave must close upon the passing of

fifteen (15) days, plus a possible extension of fifteen (15) days, unless an outside agency

is conducting the investigation and instead allow the decision makers to close an

investigative leave when a reasonable determination based on verifiable facts can be

made.

Expedite investigations by adding a requirement that the supervisor, or the EEO Officer

(whichever is overseeing the investigation), provide the Executive Director of the Human

Resource Department with weekly updates on the investigation.

Eliminate the provision that requires the supervisor to conclude an investigation within

forty-eight (48) hours of receiving the investigative report when someone else is

conducting the investigation.

Provide the employee who was placed on investigative leave with a redacted copy of the

investigative report when requested, instead of only providing the redacted report to an

employee who files an appeal.

Require the supervisor to provide written notice and justification to the Executive

Director of the Human Resource Department if they choose not to follow the corrective

action recommended by the investigator(s).

Expand an employee’s responsibilities when on an investigative leave to include the

surrender of all property of the Nation, respond to any inquires within twenty-four (24)

business hours, and not share anything related to the investigation on social media.

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

ONEIDA

44 of 131

•

Create the option for an exception to be made to the complete prohibition of the

employee who is placed on investigative leave entering any public worksite; if, and only

if, it is determined that access is necessary, safe, appropriate, and the specific conditions

under which access may be allowed are provided for in the notice to the employee.

Require that the employee placed on investigative leave respond to all inquiries within

twenty-four (24) business hours.

III.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial

effects associated with legislation and includes startup costs, personnel, office, documentation

costs, as well as an estimate of the amount of time necessary for an agency to comply with the

Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any funds to

the legislation.

The analysis was completed based on the information provided as of the date of this memo.

IV.

Findings

As stated, this Policy has been in place since 1999. There are no start-up costs, no increases in

personnel are needed, and no increases in office or documentation costs. HRD has identified

twenty business days or four (4) weeks as the amount of time necessary to comply with the Law

after approval.

Financial Impact

There is no fiscal impact of implementing this legislation.

VI.

Recommendation

Finance does not make a recommendation about a course of action in this matter. Rather, it is the

purpose of this analysis to disclose the potential fiscal impact of this legislation, so that the

Oneida Business Committee and General Tribal Council has the information with which to

render a decision.

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

ONEIDA

45 of 131

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

AGENDA REQUEST FORM

November 6, 2024

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office

Dept:____________________________

(920) 869-4417

cleeman@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Indian Preference In Contracting Law Amendments

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

At the 10/11/24 OBC Work Session the OBC directed the LOC to add this

law to its AFL to incorporate guidance from resolution BC-04-08-20-K into

_______________________________________________________________________________

the law.

_______________________________________________________________________________

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

1) __

3) ________________________________

2) ________________________________

4) ________________________________

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

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

Yes

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

46 of 131

LEGISLATIVE OPERATING COMMITTEE

COMMUNITY

MEETING

WEDNESDAY, DEC. 4

5:30PM - 7:30PM

NORBERT HILL CENTER CAFETERIA

♦♦♦♦♦♦

Please join the Legislative Operating Committee (LOC)

for a community meeting to gather input regarding the

development of the following new laws for the Nation:

N7210 Seminary Rd, Oneida, WI 54155

♦ Marijuana Law

♦ Short Term Rental Law

♦ Boards, Committees & Commissions

Law Amendments

The LOC will have a brief overview of the legislative process prior to the discussion of the above mentioned topics.

The LOC encourages everyone to come participate in the legislative process by providing comments, suggestions,

and questions that the LOC can consider and utilize in the development of these new laws for the Nation.

LOC members will provide food during this community event. Community members are welcome to bring a dish to pass.

♦♦♦♦♦♦

LEGISLATIVE OPERATING COMMITTEE MEMBERS

Jameson

Wilson

LOC Chairman

Kirby Metoxen

LOC Vice Chairman

Marlon

Skenandore

Jennifer

Webster

Jonas Hill

47 of 131

Oneid a Na t ion

Oneida Busine ss Comm itttt

Legislative Operat ing Comm ittee

P0Bax )6s • 0.-., Wls,,u 5-0)6s

-, ..

ONEIDA

Legislative Operating Committee

Fiscal Year 2024

Fourth Quarter Report

July 2024 – September 2024

Legislative Operating Committee Strategic Directions

The Legislative Operating Committee completed strategic planning and set forth the following

strategic directions to provide clarity and direction on the Legislative Operating Committee’s

legislative efforts during the 2023-2026 legislative term:

 Improving relationships through communication;

 Improving internal processes and strategy;

 Educating and engaging stakeholders, including youth; and

 Implementing efficient use of technology.

Legislative Operating Committee Action on Legislative Requests

During the FY24 Fourth Quarter the Legislative Operating Committee added no legislative items

to its Active Files List. The Legislative Operating Committee denied one (1) legislative item during

the FY24 Fourth Quarter.

On September 4, 2024, the Legislative Operating Committee accepted the request for amendments

to the Workplace Violence law as information, noting the Workplace Violence law is already on

the Active Files List. On the same day, the Legislative Operating Committee denied the request to

add the Oneida General Welfare law amendments to the Active Files List.

FY24 Fourth Quarter Legislative Accomplishments

During the FY24 Fourth Quarter the Legislative Operating Committee brought forward the

following legislative items for amendment:

Back Pay Law Amendments

On July 24, 2024, the Oneida Business Committee adopted amendments to the Back Pay law, now

known as the Back Pay and Reinstatement law, through adoption of resolution BC-07-24-24-C.

The purpose of the Back Pay and Reinstatement law is to set forth standards used in the

reinstatement of an employee and the calculation of back pay for all employees of the Nation in

accordance with the Nation’s laws. [2 O.C. 206.1-1].The amendments to the Back Pay law:

 Include a new section in the law which provides for the reinstatement of employee who

had involuntary separation overturned and addresses such issues as:

 Requirement to hold a position pending litigation [2 O.C. 206.4-1];

Page 1 of 8

48 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

Amending the position description or eliminating the position pending an employee

appeal [2 O.C. 206.4-2];

 Reinstatement to the position the employee was involuntarily separated from [2

O.C. 206.4-3];

Clarify that back pay calculations shall be made using the employee’s last wage in the

position which they were terminated from [2 O.C. 206.5-1]; and

Clarify the circumstances in which an employee is not eligible to work, and therefore is

not eligible for back pay [2 O.C. 206.5-2(d)].



Vehicle Driver Certification and Fleet Management Law Amendments

On September 25, 2024, the Oneida Business Committee adopted amendments to the Vehicle

Driver Certification and Fleet Management law through the adoption of resolution BC-09-25-24B. The purpose of the Vehicle Driver Certification and Fleet Management law is to establish

standards that certify employees, elected and appointed officials, and volunteers to drive a fleet

vehicle or personal vehicle on official business and regulate the use of all vehicles owned and

leased by the Nation. [2 O.C. 210.1-1]. Amendments to the Vehicle Driver Certification and Fleet

Management law are being sought to remove the responsibility of the Fleet Management

Department to purchase fleet vehicles. [2 O.C. 210.6-1].

FY24 Fourth Quarter Administrative Accomplishments

During the FY24 Fourth Quarter the Legislative Operating Committee brought forward the

following administrative accomplishments:

Landlord-Tenant Law Rule No. 2 - Income Based Rental Program Eligibility, Selection and

Other Requirements Amendments

The Legislative Operating Committee certified and forwarded the Landlord-Tenant Law Rule No.

2 - Income Based Rental Program Eligibility, Selection and Other Requirements Amendments to

the Oneida Business Committee. On August 14, 2024, the Oneida Business Committee adopted

the amendments to the Landlord-Tenant Law Rule No. 2 - Income Based Rental Program

Eligibility, Selection and Other Requirements.

Petition: L. Blackowl - New Recreation/Community Center Build

The Legislative Operating Committee approved the statement of effect for the Petition: L.

Blackowl - New Recreation/Community Center Build drafted by the Legislative Reference Office

and forwarded it to the Oneida Business Committee. The Oneida Business Committee accepted

the statement of effect on August 14, 2024.

FY24 Fourth Quarter Community Outreach Efforts

Focusing on its efforts to enhance community involvement through outreach and communication,

during the FY24 Fourth Quarter the Legislative Operating Committee held one (1) community

outreach event.

Page 2 of 8

49 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

On September 4, 2024, from 5:30 p.m. through 7:30 p.m. the Legislative Operating Committee

held a community meeting in the Norbert Hill Center’s cafeteria. Topics discussed during the

community meeting included brief overview of the legislative process as well as a discussion of

the development of two (2) new laws for the Nation: a Limited Liability company law and a

Probate law. The purpose of this community meeting was to provide an opportunity for open

discussion in which people could share comments, questions, or suggestions on potential issues

that should be addressed regarding the topics discussed.

The Legislative Operating Committee intends to hold community outreach events on a quarterly

basis and encourages everyone to attend and participate in future community outreach events.

FY24 Fourth Quarter Legislative Highlights

The Legislative Operating Committee would like to highlight its work on the following legislative

items during the FY24 Fourth Quarter:

Business Corporations Law

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held three (3)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Computer Resources Ordinance Amendments

This item is sponsored by Jameson Wilson The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter. On July 1, 2024,

the Legislative Operating Committee conducted an e-poll to approve the Computer Resources

Ordinance amendments public meeting packet and forward the Computer Resources Ordinance

amendments to a public meeting to be held on August 21, 2024. Then on July 17, 2024, the

Legislative Operating Committee conducted an e-poll to enter into the record the results of the July

1, 2024 e-poll entitled, Approval of the Computer Resources Ordinance Amendments Public

Meeting Packet. On August 21, 2024, a public meeting was held. No individuals provided oral

comments during the public meeting. The public comment period was then held open until August

28, 2024. No individuals provided written comment during the public comment period. On

September 4, 2024, the Legislative Operating Committee approved the public comment review

memorandum, draft, and legislative analysis for the proposed amendments to the Computer

Resources Ordinance, and approved the fiscal impact statement request memorandum and

forwarded the materials to the Finance Department directing that a fiscal impact statement be

prepared and submitted to the LOC by September 18, 2024. On this day the Legislative Operating

Committee also entered into the record the results of the July 17, 2024, e-poll entitled, Approval

of the Canceled July 17, 2024 LOC Meeting Materials. The Legislative Operating Committee

received the fiscal impact statement from Finance on September 24, 2024.

Culturally Significant Event Participation Program Law

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Page 3 of 8

50 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

Environmental Review Law

This item is sponsored by Kirby Metoxen and Jonas Hill. The Legislative Operating Committee

held two (2) work meeting during the FY24 Fourth Quarter regarding this legislative matter. On

July 17, 2024, the Legislative Operating Committee conducted an e-poll to accept the

memorandum from James Snitgen and remove the Environmental Review Law from the Active

Files List. On September 4, 2024, the Legislative Operating Committee entered into the record the

results of the July 17, 2024, e-poll entitled, Approval of the Canceled July 17, 2024 LOC Meeting

Materials.

Eviction and Termination Law Amendments

This item is sponsored by Jonas Hill and Marlon Skenandore. On July 1, 2024, the General Tribal

Council adopted a motion to accept item VII.A. [VII.A Accept update regarding the Eviction and

Termination law] and VII.B. as information.

Furlough Law Amendments

This item was sponsored by Jennifer Webster. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

GTC Government Participation GWE Law

This item is sponsored by Jonas Hill. The Legislative Operating Committee held one (1) work

meeting during the FY24 Fourth Quarter regarding this legislative matter.

Guardianship Law Amendments

This item is sponsored by Marlon Skenandore. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Higher Education Scholarship Law

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Independent Contractor Policy Amendments

This item is sponsored by Jonas Hill. The Legislative Operating Committee held one (1) work

meeting during the FY24 Fourth Quarter regarding this legislative matter.

Investigative Leave Policy Amendments

This item is sponsored by Marlon Skenandore. On July 17, 2024, the Legislative Operating

Committee conducted an e-poll to accept the legislative analysis for the proposed amendments to

the Investigative Leave Policy. On July 30, 2024, the Legislative Operating Committee conducted

an e-poll to approve the public meeting packet for the Investigative Leave Policy amendments and

forward the Investigative Leave Policy amendments to a public meeting to be held on September

13, 2024. On September 4, 2024, the Legislative Operating Committee entered into the record the

Page 4 of 8

51 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

results of the July 17th and July 30th e-polls. A public meeting was held on September 13, 2024.

No one provided public comment during the public meeting. The public comment period was then

held open until September 20, 2024. No one provided written comments during the public

comment period.

Landlord Tenant Law Amendments

This item is sponsored by Jonas Hill. The Legislative Operating Committee held two (2) work

meetings during the FY24 Fourth Quarter regarding this legislative matter. On September 18,

2024, the Legislative Operating Committee approved the draft of the Landlord Tenant law

amendments and directed that a legislative analysis be developed.

Law Enforcement Ordinance Amendments

This item is sponsored by Jonas Hill. The Legislative Operating Committee held three (3) work

meetings during the FY24 Fourth Quarter regarding this legislative matter. On September 4, 2024,

the Legislative Operating Committee approved the draft of the proposed amendments to the

Oneida Law Enforcement Ordinance and directed that a legislative analysis be completed.

Layoff Policy Amendments

This item is sponsored by Jennifer Webster. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Oneida General Welfare Law Amendments.

This item was sponsored by Jameson Wilson and Jonas Hill. The Legislative Operating Committee

held one (1) work meeting during the FY24 Fourth Quarter regarding this legislative matter. On

September 4, 2024, the Legislative Operating Committee accepted the memorandum entitled,

Removal of the Oneida General Welfare Law from the Active Files List, and removed the Oneida

General Welfare law from the Active Files List.

Oneida Life Insurance Plan Law Amendments

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter. On September 4,

2024, the Legislative Operating Committee accepted the memorandum entitled, One (1) Year

Review of the Oneida Life Insurance Plan Law, and approved the draft of proposed amendments

to the Oneida Life Insurance Plan law and directed that a legislative analysis be developed. On

September 18, 2024, the Legislative Operating Committee approved the legislative analysis for

the proposed amendments to the Oneida Life Insurance Plan law.

Oneida Personnel Policies and Procedures

This item is sponsored by all members of the Legislative Operating Committee. The Legislative

Operating Committee held one (1) work meeting during the FY24 Fourth Quarter regarding this

legislative matter.

Page 5 of 8

52 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

Probate Law

This item is sponsored by Kirby Metoxen, Jameson Wilson, Marlon Skenandore. The Legislative

Operating Committee held five (5) work meetings during the FY24 Fourth Quarter regarding this

legislative matter. On September 4, 2024, the Legislative Operating Committee held a community

meeting in which the development of a Probate law was a topic for discussion.

Real Property Law Amendments

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held two (2)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Recycling and Solid Waste Disposal Law Amendments

This item is sponsored by Kirby Metoxen and Jonas Hill. The Legislative Operating Committee

held four (4) work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Renewable Energy Law

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Taxation Law

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Tribal Sovereignty in Data Research Law

This item is sponsored by Jennifer Webster. The Legislative Operating Committee held two (2)

work meetings during the FY24 Fourth Quarter regarding this legislative matter.

Two Spirit Inclusion Law

This item is sponsored by Jennifer Webster. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Uniform Commercial Code

This item is sponsored by Jameson Wilson. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

Workplace Violence Law Amendments

This item is sponsored by Jennifer Webster. The Legislative Operating Committee held one (1)

work meeting during the FY24 Fourth Quarter regarding this legislative matter.

FY24 Fourth Quarter Legislative Operating Committee Meetings

All Legislative Operating Committee meetings are open to the public and held on the first and

Page 6 of 8

53 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report

Fourth Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business Committee

Conference Room and on Microsoft Teams.

The Legislative Operating Committee held the following meetings during the FY24 Fourth

Quarter:

 September 4, 2024 – Regular meeting; and

 September 18, 2024 – Regular meeting.

In addition to attending the Legislative Operating Committee meetings in person, individuals

provided the opportunity to attend the Legislative Operating Committee meeting through

Microsoft Teams. Anyone who would like to access the Legislative Operating Committee meeting

through Microsoft Teams can provide their name, phone number or e-mail address to

LOC@oneidanation.org by the close of business the day before a meeting of the Legislative

Operating Committee to receive the link to the Microsoft Teams meeting.

For those who may be unable to attend the Legislative Operating Committee meeting either in

person or on Microsoft Teams, an audio recording of the Legislative Operating Committee meeting

is made available on the Nation’s website after the meeting concludes.

Goals for FY25 First Quarter

During the FY25 First Quarter the Legislative Operating Committee will focus its legislative

efforts on the following matters:

 Hold an additional LOC Community meeting.

 Adoption of the Computer Resources Ordinance amendments.

 Adoption of the Investigative Leave Policy Amendments.

 Hold public meeting for the Oneida Life Insurance Plan Law Amendments.

Legislative Reference Office

The Legislative Reference Office’s mission is to provide support for the Legislative Operating

Committee in developing clear and consistent legislation that reflects the Nation’s values, builds

upon the Nation’s strong foundation, and reaffirms our inherent sovereignty.

In addition to the assisting the Legislative Operating Committee with the development of

legislation, the Legislative Reference Office also:

 Drafts statements of effect for Oneida Business Committee and General Tribal Council

resolutions;

 Drafts statements of effect for General Tribal Council resolutions petitions;

 Drafts and provides other assistance to various department and entities of the Nation with

administrative rulemaking;

 Drafts and provides other assistance to various department and entities of the Nation with

bylaws; and

Page 7 of 8

54 of 131

July 2024 – September 2024

Legislative Operating Committee FY24 Fourth Quarter Report



Manages all other administrative duties and recordkeeping for the Legislative Operating

Committee.

During the FY24 Fourth Quarter the Legislative Reference Office was staffed by the following

individuals:

 Clorissa N. Leeman, Senior Legislative Staff Attorney.

 Contact: cleeman@oneidanation.org

 Carolyn Salutz, Legislative Staff Attorney.

 Contact: csalutz@oneidanation.org

 Grace Elliott, Legislative Staff Attorney.

 Contact: gelliott@oneidanation.org

Legislative Operating Committee Contact Information

Feel free to contact the LOC at LOC@oneidanation.org with any questions or comments, or

individual LOC members at the following:



Jameson Wilson, LOC Chairman

jwilson@oneidanation.org

Kirby Metoxen, LOC Vice-Chairman

kmetox@oneidanation.org

Jennifer Webster, LOC Member

jwebste1@oneidanation.org



Jonas Hill, LOC Member

jhill1@oneidanation.org

Marlon Skenandore, LOC Member

mskenan1@oneidanation.org

The Legislative Operating Committee from left to right: Kirby

Metoxen, Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill.

Page 8 of 8

55 of 131

October 2, 2024, Legislative Operating Committee E-Poll

Approval of the Canceled October 2, 2024 LOC Meeting Materials

E-POLL REQUEST: Approval of the Canceled October 2, 2024 LOC Meeting Materi als

•

LOC

To O Jameson J. Wilson;

~f-:) Reply

Jennifer A. Webster; 0 Jonas G. Hill;

Kirby W. Metoxen;

Marlon G. Skenandore

<(:) Reply All

➔ Fo~acd ~ □

Wed 10/2/2024 9:04 AM

Cc O Fawn J. Billie; 0 Fawn L. Cottrell; 0 Kris tal E. Hill; 0 Maureen S. Perkins; • Clarissa N. Leeman

(D Vote by clicking Vote in the Respond group above.

This message was sent with High importance.

!LI

l_hl

2024 10 02 LOC Meeting Packet.pdf v

3 MB

Good Morning Legislative Operating Committee,

This e-mail serves as the e-poll for the approval of the canceled October 2, 2024, Legislative Operating

Committee meeting materials.

EXECUTIVE SUMMARY

The October 2, 2024, Legislative Operating Committee meeting was canceled due to a lack of quorum

based on scheduling conflicts. In an effort to not delay work moving forward, the Legislative Operating

Committee is being asked to e-poll the materials originally included on the October 2, 2024, Legislative

Operating Committee meeting agenda.

Materials the Legislative Operating Committee is being asked to review and consider adopting motions

for include:

 September 18, 2024 Legislative Operating Committee Meeting Minutes.

 The Legislative Operating Committee is being asked to approve the September 18, 2024

Legislative Operating Committee meeting minutes and forward to the Oneida Business

Committee.

 The September 18, 2024 Legislative Operating Committee meeting minutes are included

in the attached backup materials.

 Oneida Life Insurance Plan Law Amendments.

 The Legislative Operating Committee is being asked to approve the public meeting packet

for the proposed amendments to the Oneida Life Insurance Plan law, and forward the

Oneida Life Insurance Plan law amendments to a public meeting to be held on November

15, 2024.

 Included in the attached backup materials are the following documents for this item:

 Coversheet;

 Public Meeting Notice;

 Legislative Analysis;

 Public Meeting Draft (Redline to Current); and

 Public Meeting Draft (Clean).

 The Kalihwisaks submission deadline is October 3, 2024.

 Computer Resources Ordinance Amendments.

 The Legislative Operating Committee is being asked to approve the adoption packet for

the proposed amendments to the Computer Resources Ordinance and forward to the

Oneida Business Committee for consideration.

 Included in the attached backup materials are the following documents for this item:

 Coversheet;

 Adoption Memo;

 Resolution;

Page 1 of 4

56 of 131



 Statement of Effect;

 Legislative Analysis;

 Draft (Redline to Current);

 Draft (Clean); and

 Fiscal Impact Statement.

Investigative Leave Policy Amendments.

 The Legislative Operating Committee is being asked to approve the public comment

review memorandum, draft, and legislative analysis for the proposed amendments to the

Investigative Leave Policy; and approve the fiscal impact statement request

memorandum and forward the materials to the Finance Department directing that a fiscal

impact statement be prepared and submitted to the LOC by October 16, 2024.

 Included in the attached backup materials are the following documents for this item:

 Public Comment Review Memorandum;

 Public Meeting Draft;

 Public Meeting Transcript;

 Legislative Analysis; and

 Fiscal Impact Statement Request Memorandum.

The October 2, 2024, Legislative Operating Committee meeting packet has been attached to this e-poll a

backup documentation. Further details on all the items included in this e-poll can be found in the attached

backup materials.

An e-poll is necessary for this matter in order to avoid a delay in work being processed because the

October 2, 2024, Legislative Operating Committee meeting has been canceled.

REQUESTED ACTION

The requested actions are as follows:

 Approve the September 18, 2024, LOC meeting minutes and forward to the Oneida Business

Committee.

 Approve the public meeting packet for the proposed amendments to the Oneida Life Insurance

Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting to be

held on November 15, 2024.

 Approve the adoption packet for the Computer Resources Ordinance amendments and forward

to the Oneida Business Committee for consideration.

 Approve the public comment review memorandum, draft, and legislative analysis for the

proposed amendments to the Investigative Leave Policy.

 Approve the fiscal impact statement request memorandum and forward the materials to the

Finance Department directing that a fiscal impact statement be prepared and submitted to the

LOC by October 16, 2024.

DEADLINE FOR RESPONSE

October 3, 2024 at 9:00 a.m.

All supporting documentation has been attached to this email for your convenience.

Page 2 of 4

57 of 131

fflJDDDO

ONEIDA

A good mind. A g<>oci heart. A strong fire.

E-POLL RESULTS:

The e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and Marlin

Skenandore.

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Page 3 of 4

58 of 131

Re: E-POLL REQUEST: Approval of the Canceled October 2, 2024 LOC Meeting Materi als

Marlon G. Skenandore

Jameson J. Wilson; 0 Jonas G. Hill;

LOC;

Jennifer A. Webster;

Kirby W. Metoxen

Cc O Fawn J. Billie; 0 Fawn L. Cottrell; 0 Kristal E. Hill; 0 Maureen S. Perkins; 0 Clarissa N. Leeman

O To

(D If there are problems with how this message is displayed, click here to view it in a web browser.

Approve

Marlon

Get Outlook for iOS

Page 4 of 4

[ f-:) Reply

<~ Reply All

J D

➔ Fo~ acd ~

Wed 10/2/2024 2:35 PM

591ofof131

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

October 2, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. September 18, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Life Insurance Plan Law Amendments (pg. 4)

2. Computer Resources Ordinance Amendments (pg. 19)

3. Investigative Leave Policy Amendments (pg. 42)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

602ofof131

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

September 18, 2024

9:00 a.m.

Present: Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jennifer Webster

Excused: Jameson Wilson

Others Present: Clorissa N. Leeman, Grace Elliott

Others Present on Microsoft Teams: Krystal John, Fawn Cottrell, Kaylynn Gresham, Kristal Hill,

Maureen Perkins, Rae Skenandore, Mark Powless, Todd Vanden Heuvel, Ralinda NinhamLamberies, Carolyn Salutz, Eric Boulanger, Derrick Denny, Fawn Billie, Michelle Hill, Sarah

White

Call to Order and Approval of the Agenda

Kirby Metoxen called the September 18, 2024, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried

unanimously.

II.

Minutes to be Approved

1. September 4, 2024 LOC Meeting Minutes

Motion by Marlon Skenandore to approve the September 4, 2024, LOC meeting minutes;

seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business

1. Vehicle Driver Certification and Fleet Management Law Amendments

Motion by Jennifer Webster to approve the adoption packet for the proposed amendments

to the Vehicle Driver Certification and Fleet Management law and forward to the Oneida

Business Committee for consideration; seconded by Jonas Hill. Motion carried

unanimously.

2. Oneida Life Insurance Plan Law Amendments

Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to

the Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried

unanimously.

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

Legislative Operating Committee Meeting Minutes of September 18, 2024

Page 1 of 2

ONEIDA

613ofof131

3. Landlord Tenant Law Amendments

Motion by Jennifer Webster to approve the draft of the proposed amendments to the

Landlord Tenant law and direct that a legislative analysis be completed; seconded by

Marlon Skenandore. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:12 a.m.; seconded by Jennifer Webster.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of September 18, 2024

Page 2 of 2

624ofof131

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

October 2, 2024

Oneida Life Insurance Plan Law

Amendments

Submission Date: 6/5/24

LOC Sponsor: Jameson Wilson

Public Meeting: N/A

Emergency Enacted: N/A

Summary:

This item added to the Active Files List on June 5, 2024, at the request of the Chief

Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency

amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment

Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute

the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made

beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance

provided that recently a member of the Nation missed the deadline by four (4) days, and there would not

be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined

this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the

LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion

which directed the LOC to bring this Law back for a one (1) year review of its adoption and

implementation.

6/5/24 LOC:

Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active

Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

8/26/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,

Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting

was to discuss how the implementation of the Oneida Life Insurance Plan law went during its

first year, and begin discussions on whether any amendments to the law are necessary at this

time.

8/29/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,

Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.

The purpose of this work meeting was to determine what, if any, amendments to make to the

Oneida Life Insurance Plan law based on the information received during the One Year

Review work meeting held on August 26, 2024.

9/4/24 LOC:

Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the

Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried

unanimously.

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

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Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida

Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas

Hill. Motion carried unanimously.

9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the

Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried

unanimously.

Next Steps:

 Approve the public meeting packet for the proposed amendments to the Oneida Life Insurance

Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting

to be held on November 15, 2024.

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

Page 2 of 2

ONEIDA

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ONEIDA NATION PUBLIC MEETING NOTICE

FRIDAY, NOVEMBER 15, 2024, 12:15 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

ONEIDA LIFE INSURANCE PLAN LAW AMENDMENTS

The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the

Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the

Oneida General Welfare law.

The Oneida Life Insurance Plan law amendments will:

 Expand the period of time in which it is required to notify the Oneida Trust Enrollment

Department of a decedent’s death in order to distribute Oneida Life Insurance Plan benefits to the beneficiary from one (1) year to three (3) years .

Individuals may attend the public meeting for the proposed Oneida Life Insurance Plan law

amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you

wish to attend the public meeting through Microsoft Teams please contact

LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES FRIDAY, NOVEMBER 22, 2024

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida

Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Oneida Life Insurance Plan law amendments please review the public

meeting packet at oneida-nsn.gov/government/register/public meetings.

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Analysis to Draft 1- PM Draft

2024 10 02

ONEIDA LIFE INSURANCE PLAN LAW

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

Expand the period of time in which it is required to notify the Oneida Trust

Enrollment Department of a decedent’s death in order to distribute Oneida

Life Insurance Plan benefits to the beneficiary from one (1) year to three (3)

years. [10 O.C. 1004.5-3].

The purpose of this law is to provide a death benefit through the Oneida Life

Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to

the Oneida General Welfare law. [10 O.C. 1004.1-1].

Oneida Trust Enrollment Department, Members of the Nation

A public meeting will be scheduled for November 15, 2024.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in

August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law

is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible

enrolled Oneida Nation members, pursuant to the Oneida G

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.