Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Microsoft Teams

July 10, 2023

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. June 21, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Clean Air Policy Amendments (pg. 4)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 16

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

Microsoft Teams

June 21, 2023

9:00 a.m.

Present on Microsoft Teams: David P. Jordan, Daniel Guzman King, Jennifer Webster

Excused: Kirby Metoxen

Others Present on Microsoft Teams: Clorissa N. Leeman, Grace Elliott, Keith Doxtator,

Rhiannon Metoxen, Michelle Braaten, Eric Boulanger, Michelle Tipple, Terri Schiltz, Debra

Powless, Justin Nishimoto, Matt Denny, Todd VandenHeuvel, James Poels, Bridget John, Monica

Doxtator, Barbara Webster

Call to Order and Approval of the Agenda

David P. Jordan called the June 21, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda as is; seconded by Daniel Guzman King.

Motion carried unanimously.

II.

Minutes to be Approved

1. June 7, 2023 LOC Meeting Minutes

Motion by Jennifer Webster to approve the June 7, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion

carried unanimously.

III.

Current Business

1. Petition: L. Dallas - Allow the General Tribal Council Full Informational Access

to the Oneida Nation’s Revenue

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas Allow the General Tribal Council Full Informational Access to the Oneida Nation’s

Revenue and forward to the Oneida Business Committee; seconded by Daniel Guzman

King. Motion carried unanimously.

2. Petition: L. Dallas - Direct the Oneida Business Committee to Plan for and

Construct a General Tribal Council Meeting Facility

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of June 21, 2023

Page 1 of 2

ONEIDA

3 of 16

Direct the Oneida Business Committee to Plan for and Construct a General Tribal Council

Meeting Facility and forward to the Oneida Business Committee; seconded by Daniel

Guzman King. Motion carried unanimously.

3. Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean

$15.00/hour with No Exceptions or Loopholes

Motion by Jennifer Webster to accept the statement of effect for the Petition: R.

Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour with No

Exceptions or Loopholes and forward to the Oneida Business Committee; seconded by

Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:12 a.m.; seconded by Jennifer Webster.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of June 21, 2023

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

July 10, 2023

Clean Air Policy

Amendments

Submission Date: 1/18/23

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On January 10, 2023, the LOC received a request from Retail to consider amendments to

the Clean Air Policy to create an exemption for smoking cigars and tobacco in pipes within a premise

designated by retail as a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product and in which the smoking of only cigars and tobacco in pipes is permitted.

1/18/23 LOC: Motion by Jennifer Webster to add the Clean Air Policy amendments to the Active Files List

with David P. Jordan as the sponsor; seconded by Marie Cornelius. Motion carried

unanimously.

1/26/23:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work

meeting held on Microsoft Teams. The purpose of this work meeting was to review and

discuss the proposed draft of amendments to the Clean Air Policy.

2/1/23 LOC:

Motion by Marie Cornelius to approve the draft of the Clean Air policy amendments and direct

that a legislative analysis be completed; seconded by Daniel Guzman King Motion carried

unanimously.

2/20/23:

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

Cornelius, Clorissa N. Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany

Nicholas, Kristal Hill. This was a work meeting held on Microsoft Teams. The purpose of this

work meeting was to review and discuss the proposed draft of amendments to the Clean Air

Policy all allow the Comprehensive Health Division and the Environmental, Health, Safety,

Land, And Agriculture Division the opportunity to provide input on the proposed

amendments.

3/20/23:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Clorissa N.

Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany Nicholas, James

Petitjean, James Snitgen, Debra Powless, Timothy Skenandore, Carl Artman, Kristal Hill.

This was a work meeting held on Microsoft Teams. The purpose of this work meeting was to

review and discuss the proposed draft of amendments to the Clean Air Policy all allow the

stakeholders the opportunity to provide input on the proposed amendments before the LOC

makes a policy decision as to what direction to go with the amendments.

Next Steps:

 Approve the updated draft and legislative analysis of the Clean Air Policy Amendments.

Page 1 of 1

A good mind. A good heart. A strong fire.

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Draft 2 (Redline to Draft 1)

2023 07 10

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is theThe purpose of this law to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation by prohibiting

smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself and that second-hand

smoke is harmful to others. In addition, the long term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(1) Electronic cigarette shall not include any device that is prescribed by a

healthcare professional.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

4 O.C. 411 – Page 1

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Draft 2 (Redline to Draft 1)

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411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment :

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

4 O.C. 411 – Page 2

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Draft 2 (Redline to Draft 1)

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facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

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Draft 2 (Redline to Current)

2023 07 10

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR POLICY

411.1. Purpose and Policy

411.2. Adoption, Amendment, Conflicts

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is theThe purpose of this Clean Air Policylaw to provide a healthy working

and learning environment within buildings and vehicles owned and operated by the Oneida

TribeNation by prohibiting smoking.

411.1-2. Policy. The Oneida TribeIt is committedthe policy of the Nation to commit to promoting

health and wellness in all forms. There is long standing evidence that smoking is harmful to

oneself and that second-hand smoke is harmful to others. In addition, the long term effects of

electronic cigarettes on individuals are unclear. In an effort to provide a healthy environment for

children, employees, and visitors, smoking willshall be restrictedprohibited as described within

this policylaw.

411.2. Adoption, Amendment, ConflictsRepeal

411.2-1. This Policylaw was adopted by motion of the Oneida Business Committee on May 25,

1994, and amended by resolutionresolutions BC-02-24-10-I and, BC-05-28-14-A., and BC-____-__-__.

411.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

411.2-3. Should a provision of this Policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this Policylaw

which are considered to have legal force without the invalid portions.

411.2-4. In the event of a conflict between a provision of this Policylaw and a provision of another

law, ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Policylaw shall

control. Provided that, nothing in this Policy is intended to repeal or modify any existing law,

ordinance, policy, regulation, rule, resolution or motion.

411.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this Policy.

law. All words not defined herein shall be used in their ordinary and everyday sense.

(a)

(a) “Building” means a structure that has a roof and more than two (2) substantial

walls.

(b)

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine,

or other chemicals or substances, by inhaling a vaporized liquid and shall include the

cartridges and other products used to refill the device. “Electronic cigarette” shall not

include any device that is prescribed by a healthcare professional.

(c)

(d)

(d) “Main entrance” means the front entrance to any building, or any entrance a

majority of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(e)

(f) “Smoke” or “Smoking” means the inhalation of:

(1)

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

4 O.C. 411 – Page 1

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Draft 2 (Redline to Current)

2023 07 10

(2) (2) a vaporized liquid from an electronic cigarette, whether the liquid contains

or does not contain nicotine.

(f)

“Tribe”(g) “Tobacco product” means the Oneida Tribeany form of Indians of

Wisconsintobacco prepared in a manner suitable for smoking.

411.4. Regulation of Smoking

411.4-1. Except as provided in 411.4-1(b)(1) and 411.4-2, noProhibition of Smoking. No person

may smoke:

(a) in any building owned or operated by the Tribe.Nation;

(b) within thirty (30) feet of any building owned or operated by the Tribe. Nation.

Receptacles for disposing of smoking materials shall be maintained at least thirty (30) feet

from the main entrances of the building.; or

(1) Exception. A person may smoke within thirty (30) feet of the Oneida One

Stopretail outlets or any gaming establishments. Receptacles for disposing of

smoking materials may be maintained within thirty (30) feet of the entrances of

these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) There shall be an exemption for specific cultural uses for theCultural Usage. The

reasonable burning of tobacco, sage, cedar, and/or sweetgrass. shall be exempted for

cultural usage. Employees working in the vicinity of this cultural use shall be notified prior

to use.

(b) SpecificallyExempted Locations. The following locations shall be exempted from this

policy arethe prohibition of smoking:

(1) all gaming areas in any Tribal building. of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the TribeNation, including, but not

limited to, single-family dwellings, two- (2) family dwellings, and multiple-family

dwellings.; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All Tribal buildings of the Nation, except for those listed in

exempted by section 411.4-2(b),) of this Law, shall be posted as “Non-Smoking” on entrances. In

addition, the hallways, restroom facilities, and other public areas of these buildings may also be

posted as “Non-Smoking.” Signs shall be large enough that they can be viewed and read thirty

(30) feet from the building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Oneida Business CommitteeNation

may file for injunctive relief with the Tribe’s judicial systemNation’s Judiciary against any

person who repeatedly or willfully violates this policylaw.

(b) An employee of the TribeNation who violates this policylaw during his or hertheir

4 O.C. 411 – Page 2

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Draft 2 (Redline to Current)

2023 07 10

work hours may be subject to the following disciplinary action in accordance with the

Nation’s laws and policies governing employment :

(1) reprimandedwritten warning for a first -time violation;

(2) suspended without pay for one (1) week for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted - 5– OBC motion on 05-25-94, motion, graceGrace period for thirty (30) feet until shelters complete, except

for at educational facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

11 of 16

Draft 2

2023 07 10

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. The purpose of this law to provide a healthy working and learning environment

within buildings and vehicles owned and operated by the Nation by prohibiting smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself and that second-hand

smoke is harmful to others. In addition, the long term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

(a) in any building owned or operated by the Nation;

4 O.C. 411 – Page 1

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Draft 2

2023 07 10

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment:

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 2

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Analysis to Draft 2

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CLEAN AIR POLICY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Include a new exemption to the prohibition of smoking, which is a

tobacco store, on or in premises controlled by Oneida Retail, that sells

tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease. [4 O.C. 411.4-2(b)(3)];

 Eliminate the requirement that a suspension for a second violation of this

law be one (1) week in length, providing the supervisor and HRD greater

flexibility in determining a suspension length that best fits the violation.

[4 O.C. 411.4-4(b)(2)]; and

 Make other minor drafting changes.

The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation

by prohibiting smoking. [4 O.C. 411.1-1].

Oneida Nation employees and community members.

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Clean Air Policy was originally adopted by the Oneida Business by motion on May

25, 1994, and then amended through resolutions BC-02-24-10-I, and BC-05-28-14-A. The purpose of

the Clean Air Policy is to provide a healthy working and learning environment within buildings and

vehicles owned and operated by the Nation by prohibiting smoking. [4 O.C. 411.1-1]. It is the policy

of the Nation to commit to promoting health and wellness in all forms, by prohibiting smoking. [4 O.C.

411.1-2].

B. Request for Amendments. On January 10, 2023, the LOC received a request from Retail to consider

amendments to the Clean Air Policy to create an exemption for the prohibition from smoking in any

building of the Nation for smoking cigars and tobacco in pipes within a premise designated by retail as

a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product and in which

the smoking of only cigars and tobacco in pipes is permitted. The Legislative Operating Committee

added the Clean Air Policy amendments to its Active Files List on January 18, 2023.

SECTION 3. CONSULTATION AND OUTREACH

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

amendments to the Back Pay law and this legislative analysis:

 Oneida Law Office;

 Gaming;

 Retail;

 Comprehensive Health Division; and

 Environmental, Health, Safety, Land, and Agriculture Division.

Page 1 of 3

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Analysis to Draft 2

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

 Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

SECTION 5. CONTENTS OF THE LEGISLATION

A. The development of the proposed amendments to the Clean Air Policy complies with the process set

forth in the Legislative Procedures Act (LPA).

 On January 18, 2023, the Legislative Operating Committee added the Clean Air Policy

amendments to its Active Files List.

 On February 1, 2023, the Legislative Operating Committee approved the draft of the proposed

amendments to the Clean Air Policy and directed that a legislative analysis be developed.

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

regarding the development of the amendments to this Law:

 January 26, 2023: LOC work session;

 February 20, 2023: LOC work session with the Comprehensive Health Division and the

Environmental, Health, Safety, Land, and Agriculture Division; and

 March 20, 2023: LOC work session with the Comprehensive Health Division, Retail, Gaming,

Oneida Law Office, and the Environmental, Health, Safety, Land, and Agriculture Division.

A. Exemptions to the Prohibition of Smoking. The proposed amendments to the Clean Air Policy include

a new exemption to the prohibition of smoking, which is a tobacco store, on or in premises controlled

by Oneida Retail, that sells tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease. [4 O.C. 411.4-2(b)(3)]. Previously, the Clean Air Policy only included

exemptions to the prohibition of smoking for cultural usage, all gaming areas in any building of the

Nation, and residential buildings that are owned by the Nation. [4 O.C. 411.4-2(a)-(b)(1)-(2)].

 Effect. An additional exemption was added to the Clean Air Policy in an effort to provide Retail

with an opportunity to pursue the development of a cigar bar in one of the Oneida One Stop retail

locations.

B. Violations of the Clean Air Policy. The proposed amendments to the Clean Air Policy clarify that any

employee of the Nation who violates this law during their work hours may be subject to disciplinary

action in accordance with the Nation’s laws and policies governing employment, which is the Oneida

Personnel Policies and Procedures. [4 O.C. 411.4-4(b)]. The proposed amendments to the Clean Air

Policy then demonstrates that the disciplinary action an employee may be subject to includes a written

warning for a first-time violation; a suspension without pay for a second violation; or termination from

employment for any violation thereafter. [4 O.C. 411.4-4(b)(1)-(3)]. Previously, the Clean Air

Policy provided that a first violation of this law would result in a reprimand, but the Clean Air Policy

was not specific as to what that reprimand would consist of. Additionally, the Clean Air Policy

previously provided that a second violation of this law would result in a suspension for one (1) week.

The proposed amendments to the Clean Air Policy eliminated the one (1) week requirement for

suspensions and instead provide the supervisor with discretion to determine the appropriate length of

the suspension. The Oneida Personnel Policies and Procedures requires that a supervisor consult with

the Executive Director of the Human Resources Department to mutually determine the appropriate

length of the suspension, and that any suspension be limited to a maximum of three (3) weeks. [Oneida

Personnel Policies and Procedures Section V.D.5.f.1].

Page 2 of 3

15 of 16

Analysis to Draft 2

2023 07 10



Effect. This proposed amendments to the Clean Air Policy provide greater clarification as to how

violations of this law are addressed for employees who violate the Clean Air Policy during their

work hours.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the Back Pay law:

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

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

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

and enterprise rules and regulations, and record keeping.

 Section V.D of the Oneida Personnel Policies and Procedures specifically addresses

complaints, disciplinary actions and grievances. Section V.D.2.b of the Oneida Personnel

Policies and Procedures provides that a supervisor is required to initiate disciplinary actions

commensurate with the seriousness of the unsatisfactory performance, and a supervisor must

consider each disciplinary action in progressive order and justify a deviance from that

recommended progression.

 The proposed amendments to the Clean Air Policy clarify that any employee of the Nation who

violates this law during their work hours may be subject to disciplinary action in accordance

with the Nation’s laws and policies governing employment, which is the Oneida Personnel

Policies and Procedures. [4 O.C. 411.4-4(b)].

SECTION 7. OTHER CONSIDERATIONS

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

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC91

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

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

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

completing the fiscal impact statement.

 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

statement be completed.

Page 3 of 3

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July 2023

August 2023

SuMo TuWe Th Fr Sa

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9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

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

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Jul 3

8:30am LOC Prep

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting) - LOC

12:15pm PUBLIC

MEETING: Oneida Life

Insurance Plan Law

(Microsoft Teams

Meeting) - LOC

8:30am LOC Prep

(Microsoft Teams

Meeting) - Clorissa N.

Santiago

9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting) - LOC

Aug 1

LOC

7/5/2023 1:51 PM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.