# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A4838165970e117f6 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 131 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. I. 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) V. 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 A good mind. A good heart. A strong fire. 2 of 131 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 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 I. 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 V. 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. A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of October 16, 2024 Page 1 of 2 ~ ONEIDA 3 of 131 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 Page 2 of 2 4 of 131 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. Page 1 of 5 A good mind. A good heart. A strong fire. 5 of 131 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, Page 2 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 6 of 131 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 Page 3 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 7 of 131 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. Page 4 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 8 of 131 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. Page 5 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 9 of 131 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: 1. 2. 3. 4. 5. 6. 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)]. Page 1 of 3 A good mind. A good heart. A strong fire. 10 of 131           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]. Page 2 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 11 of 131       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 Page 3 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA Oneida Nation 12 of 131 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 13 of 131 BC Resolution _____________ Amendments to the Investigative Leave Policy Page 2 of 3 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 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 14 of 131 BC Resolution _____________ Amendments to the Investigative Leave Policy Page 3 of 3 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 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. 15 of 131 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 Page 1 of 2 A good mind. A good heart. A strong fire. 16 of 131          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)]. Page 2 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 17 of 131 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. Page 3 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 18 of 131 Analysis to Draft 1 2024 11 06 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]. Page 1 of 12 19 of 131 Analysis to Draft 1 2024 11 06 ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ 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)]. Page 2 of 12 20 of 131 Analysis to Draft 1 2024 11 06 ▪ Purpose Affected Entities Related Legislation Enforcement Due Process Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 Page 3 of 12 21 of 131 Analysis to Draft 1 2024 11 06 15 16 17 18 and Procedures and the Workplace Violence law. The current sponsor of the Investigative Leave Policy amendments is Councilman Marlon Skenandore. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SECTION 3. CONSULTATION AND OUTREACH 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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. Page 4 of 12 22 of 131 Analysis to Draft 1 2024 11 06 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 ▪ ▪ ▪ ▪ ▪ ▪ 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. Page 5 of 12 23 of 131 Analysis to Draft 1 2024 11 06 103 104 105 106 107 ▪ ▪ ▪ ▪ ▪ 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. 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 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. Page 6 of 12 24 of 131 Analysis to Draft 1 2024 11 06 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 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 Page 7 of 12 25 of 131 Analysis to Draft 1 2024 11 06 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 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. Page 8 of 12 26 of 131 Analysis to Draft 1 2024 11 06 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 ▪ 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 Page 9 of 12 27 of 131 Analysis to Draft 1 2024 11 06 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 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. Page 10 of 12 28 of 131 Analysis to Draft 1 2024 11 06 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 ▪ ▪ ▪ ▪ ▪ ▪ 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 Page 11 of 12 29 of 131 Analysis to Draft 1 2024 11 06 366 367 368 369 370 371 372 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)]. 373 SECTION 8. OTHER CONSIDERATIONS 374 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 375 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution 376 BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative 377 Procedures Act,” provides further clarification on who the Legislative Operating Committee may 378 direct complete a fiscal impact statement at various stages of the legislative process, as well as 379 timeframes for completing the fiscal impact statement. 380 a. Conclusion. The Legislative Operating Committee received a fiscal impact statement from 381 the Finance Administration on October 9, 2024. 382 Page 12 of 12 30 of 131 Draft 1 (Redline to Current) 2024 11 06 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 208.8 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 2 O.C. 208 – Page 1 31 of 131 Draft 1 (Redline to Current) 2024 11 06 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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. (c) The employee’s presence in the workplace may pose an unacceptable risk to the life, 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. (c) After forty-five (45) days on paid investigative leave and the expiration of any 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. 2 O.C. 208 – Page 2 32 of 131 Draft 1 (Redline to Current) 2024 11 06 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 208.5 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 (c) The employee meets the minimum job requirements of the alternative work assignment. 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. (c) The alternative work assignment, if appropriate;Clear documentation regarding the 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 2 O.C. 208 – Page 3 33 of 131 Draft 1 (Redline to Current) 2024 11 06 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 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. (c) The definition of business hours as it pertains to the employee’s particular area of 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 2 O.C. 208 – Page 4 34 of 131 Draft 1 (Redline to Current) 2024 11 06 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 (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 (c) Aa redacted copy of the written report will be made available to the employee upon 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; (c) termination of the employee’s employment based on the investigation; (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. (c) Surrender all property of the Nation in their possession including but not limited to: (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 35 of 131 Draft 1 (Redline to Current) 2024 11 06 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 (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 (c) The employee is not disciplined based on the investigation. 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 36 of 131 Draft 1 (Clean) 2024 11 06 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 208.8 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. (c) “Investigative leave” means a temporary absence from an employee’s job duties for the 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 37 of 131 Draft 1 (Clean) 2024 11 06 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 (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. (c) The employee’s presence in the workplace may pose an unacceptable risk to the life, 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. (c) After forty-five (45) days on paid investigative leave and the expiration of any 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. 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 38 of 131 Draft 1 (Clean) 2024 11 06 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 208.5-3. 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. (c) Clear documentation regarding the status of pay and benefits while on investigative 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. (c) The definition of business hours as it pertains to the employee’s particular area of 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. 2 O.C. 208 – Page 3 39 of 131 Draft 1 (Clean) 2024 11 06 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 (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. (c) A redacted copy of the written report will be made available to the employee upon 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. (c) Surrender all property of the Nation in their possession including but not limited to: (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 40 of 131 Draft 1 (Clean) 2024 11 06 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 208.10 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 41 of 131 "' 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 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. 1 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. 2 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. 3 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. V. 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. 4 A good mind. A good heart. A strong fire. ~ ONEIDA 45 of 131 Oneida Nation Oneida Business Committee Legislative Operating Committee O Boš ͛͞͝ 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:______________________________________________________ [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A4838165970e117f6. Public record. Not legal advice.