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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials October 26, 2016
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 282 pages are the Closed Session meeting materials presented at a meeting
duly called, noticed and held on the 26th day of October, 2016.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Packet
Page 1 of 278
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, October 25, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, October 26, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
III. ADOPT THE AGENDA
(pp. 1-8)
IV. OATHS OF OFFICE
A. Environmental Resources Board – Weldon “Ted” Hawk
(pp. 9-10)
B. Southeastern Oneida Tribal Services Advisory Board – Felicia Bernhardt (via Polycom)
(pp. 11-12)
V. MINUTES
A. Approve October 12, 2016, regular meeting minutes
Sponsor:
(pp. 13-29)
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled Back Pay Law Amendments
Sponsor:
B. Adopt resolution entitled Election Law Permanent Amendments
Sponsor:
(pp. 50-90)
Councilman Brandon Stevens, Chair/Legislative Operating Committee
C. Adopt resolution entitled Leasing Law Amendments
Sponsor:
(pp. 30-49)
Councilman Brandon Stevens, Chair/Legislative Operating Committee
(pp. 91-123)
Councilman Brandon Stevens, Chair/Legislative Operating Committee
D. Adopt resolution entitled Drug & Alcohol Free Workplace Policy Emergency Amendments
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 1 of 8
(pp. 124-140)
Open Packet
Page 2 of 278
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept October 5, 2016, Legislative Operating Committee meeting minutes
(pp. 141-143)
B. Finance Committee
Sponsor:
Tribal Treasurer Trish King, Chair
1. Approve October 17, 2016, Finance Committee meeting minutes
(pp.144-149)
VIII. UNFINISHED BUSINESS
A. Review final report and accept recommendation regarding Medicare Part B Research
Sponsors:
(pp.150-161)
Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the
October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion
carried unanimously.
EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B
research back to the Comprehensive Health Division Directors and to comeback with a report in
90 days that researches the opportunities we would have to provide insurance to those individuals
of 65 and over that are Oneida Tribal members and have a work meeting with the directors to clarify
and develop the scope, seconded by Lisa Summers. Motion carried unanimously
EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida Nation
Commission on Aging report and that the request from ONCOA regarding researching whether or
not the Tribe should pay for Medicare Part B benefits for Tribal members who use the Oneida
Health Center be assigned to the Comprehensive Health Division Directors to research and bring
back in 60 days, seconded by Lisa Summers. Motion carried unanimously.
B. Accept close-out report regarding 340-B certification and determine next steps
Sponsors:
(pp.162-173)
Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
EXCERPT FROM OCTOBER 12, 2016: Motion by Fawn Billie to accept the close-out report; to
include the sales comparison; and request the report to be released from executive session by
placing it into open session for the October 26, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
C. Defer update regarding vacancies on the Oneida Personnel Commission to the November
9, 2016, regular Business Committee meeting
Sponsor:
Tina Danforth, Tribal Chairwoman
(pp.174-175)
EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the
October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion
carried unanimously.
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to
Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through
posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through
posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back
to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried
with two abstentions.
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 2 of 8
Open Packet
Page 3 of 278
EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation
to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel
Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment
to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of
events for these particular vacancies for information to the Business Committee, seconded by
Jennifer Webster. Motion carried unanimously.
D. Accept report and proposed correspondence regarding request from Environmental
Resources Board to support Menominee Nation in opposing the Back Forty Mine
(Not Submitted)
Sponsor:
Nathan King, Director/Intergovernmental Affairs & Communication
(pp.176-181)
EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to forward this item to the
Intergovernmental Affairs & Communications Department to do further research; and for that area
to bring back a report and proposed correspondence for the Business Committee to consider and
support, to be conducted before the October 26, 2016, regular Business Committee meeting so
that any action that may be taken can be accepted at the October 26, 2016, regular Business
Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
E. Approve request to schedule a special executive session Business Committee meeting on
Friday, December 16, 2016, at 9:00 a.m. to review, approve, and forward Year End Financial
Statements and presentation to the 2017 Annual General Tribal Council meeting
(pp. 182-183)
Sponsor:
Councilman Tehassi Hill, Chair/Audit Committee
IX. NEW BUSINESS
A. Approve limited waiver of sovereign immunity for CIP project # 14-008 Uskah Village
infrastructure – Wisconsin Public Service – contract # 2016-1173
Sponsor:
James Petitjean, Assistant Division Director/Development
(pp.184-190)
B. Approve revised Oneida Business Committee SOP entitled Conducting Electronic Voting (pp.191-198)
Sponsor:
Lisa Summers, Tribal Secretary
X. TRAVEL
A. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Failed reconsidered travel request– Chairwoman Tina Danforth and up to three (3)
Business Committee members – National Congress of American Indians (NCAI)
conference – October 9-13, 2016
(pp.199-215)
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 3 of 8
Open Packet
Page 4 of 278
XI. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. UNFINISHED REPORTS
1. Accept Oneida Nation Arts Board FY ’16 4th quarter report
(pp. 216-219)
(1:30 p.m.-1:45 p.m.)
Chair-Elect: Dawn Walschinski
Liaison:
Jennifer Webster, Councilwoman
EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer the Oneida Nation
Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee
meeting, seconded by Fawn Billie. Motion carried unanimously.
B. OPERATIONAL REPORTS
1. Accept Oneida Housing Authority FY ’16 4th quarter report
(pp. 220-228)
(1:45 p.m.-2:05 p.m.)
Sponsor: Dale Wheelock, Coordinator/Oneida Housing Authority
C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Oneida Nation Veterans Affairs Committee FY ’16 4th quarter report
(pp. 229-233)
(2:05 p.m.-2:20 p.m.)
Chair:
Mike Hill
Liaison:
Jennifer Webster, Councilwoman
2. Accept Oneida Pow Wow Committee FY ’16 4th quarter report
(pp. 234-239)
(2:20 p.m.-2:35 p.m.)
Chair:
Tonya Webster
Liaison:
Fawn Billie, Councilwoman
3. Accept Oneida Police Commission FY ’16 4th quarter report
(pp. 240-253)
(2:35 p.m.-2:50 p.m.)
Chair:
Bernie Johns-Stevens
Liaison:
Lisa Summers, Tribal Secretary
4. Accept Southeastern Oneida Tribal Services Advisory Board FY ’16 4 th quarter report (pp. 254-257)
(2:50 p.m.-3:05 p.m. via Polycom)
Chair:
Daniel Schiller
Liaison:
Tina Danforth, Tribal Chairwoman
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 4 of 8
Open Packet
Page 5 of 278
XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Petitioners Madelyn Genskow and Yvonne Metivier: Incentive stipends for Oneida Nation
elections starting 2017
1. Accept legislative analysis
Sponsor:
2. Accept progress report regarding legal analysis
Sponsor:
(pp. 263-264)
Jo Anne House, Chief Counsel
3. Accept progress report regarding financial analysis
Sponsor:
(pp. 258-262)
Brandon Stevens, Councilman
(pp. 265-267)
Larry Barton, Chief Financial Officer
EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to accept the verified
petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for
Oneida Nation elections starting 2017, seconded by Jennifer Webster. Motion carried
unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance,
and Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and
administrative analyses to be completed, seconded by Fawn Billie.
Motion carried
unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative
Reference Offices to submit their analyses to the Tribal Secretary’s Office within sixty (60)
days; and that a progress report be submitted in forty-five (45) days, seconded by Jennifer
Webster. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Report
Offices to submit appropriate administrative analyses regarding the petition to be submitted to
the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion
carried unanimously.
B. Accept verified petition submitted by Edward Delgado regarding Oneida panel of educators
and retention of kindergarten students; and request appropriate analyses
Sponsor:
Lisa Summers, Tribal Secretary
(pp. 268-276)
C. Approve Tribal Member’s request to provide an update on status, report, and timelines for
opening emergency food pantry per General Tribal Council directive from the October 2,
2016, reconvened special GTC meeting
(pp. 277-278)
Sponsor:
Lisa Summers, Tribal Secretary
XIII. EXECUTIVE SESSION (The Business Committee is scheduled to recess at 11:15 a.m. and to
reconvene at 1:30 p.m. to attend the Voices for Oneida Conduit event)
A. REPORTS
1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
2. Accept Chief Counsel report – Jo Anne House, Chief Counsel
3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 5 of 8
(pp. 279-285)
(p. 286)
(pp. 287-292)
Open Packet
Page 6 of 278
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
(pp. 293-309)
(This section is scheduled to begin on 10:30 a.m.)
Sponsor: Trish King, Tribal Treasurer
C. AUDIT COMMITTEE
Sponsor:
Councilman Tehassi Hill, Chair
1. Accept September 29, 2016, Audit Committee meeting minutes
(pp. 310-313)
2. Approve Department of Public Works – Cemetery Maintenance audit and lift
confidentiality requirement to allow Tribal Members to view the audit
(pp. 314-331)
3. Approve Card Games and Poker Rules of Play audit and lift confidentiality requirement
to allow Tribal Members to view the audit
(pp. 332-360)
4. Approve Craps Rules of Play audit and lift confidentiality requirement to allow Tribal
Members to view the audit
(pp. 361-373)
D. UNFINISHED BUSINESS
1. Accept final close-out report regarding Print Shop – Mail Center Operation plan
(pp. 374-376)
(This item is scheduled to begin at 9:00 a.m.)
Sponsor: Joanie Buckley, Division Director/Internal Services
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the Oneida Printing
October-May 2016 report; and to request a final close-out report be brought back in ninety (90)
days which includes any final transition items and timelines, seconded by Brandon Stevens.
Motion carried unanimously. (2) Motion by Lisa Summers to request the Internal Services
Division Director to start including transitioning this item into their quarterly report, seconded
by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM APRIL 13, 2016: Motion by Fawn Billie to accept the Print Shop – Mail Center
Operational plan as information and to request an update for the July 13, 2016, regular
Business Committee meeting, seconded by Melinda J. Danforth. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: No formal action was taken on this item.
EXCERPT FROM DECEMBER 9, 2015: (1) Motion by David Jordan to accept the report,
seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to require
the next update be brought back to the March 23, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM SEPTEMBER 23, 2015: Motion by Brandon Stevens to accept the update
as information, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept this item
as information, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to
the main motion by Melinda J. Danforth to request the Internal Services Director bring back the
assessment to the Business Committee in three (3) months, seconded by Lisa Summers.
Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 6 of 8
Open Packet
Page 7 of 278
2. Review report regarding request from Tribal Member’s concern over depletion of
Bureau of Indian Affairs – General Assistant Grant funds (Not Submitted)
Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division
Director/Governmental Services
EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the
October 26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion
carried unanimously.
EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the
request as information; and to request the Governmental Services Division and SelfGovernance Director to provide a report, seconded by Lisa Summers. Motion carried
unanimously. (2) Amendment to the main motion by Lisa Summers to defer this item to a
Business Committee Officer’s for continued monitoring and follow-up; and to request the initial
report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried
unanimously.
EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda
items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa
Summers. Motion carried unanimously.
3. Review complaint # 2016-DR06-05 and determine appropriate next steps
Sponsor:
(pp. 377-387)
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to accept the draft
memorandum; and to direct the memorandum be forwarded to the appropriate parties,
seconded by Brandon Stevens. Motion carried with one with one abstention.
4. Accept update regarding complaint # 2016-DR07-01
Sponsor:
(pp. 388-389)
Lisa Summers, Tribal Secretary
EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to accept the verbal update;
and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster.
Motion carried unanimously.
5. Discuss request for job title change of Medical Director to Comprehensive Health
Division Director-Medical (This item is scheduled to begin at 10:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
(pp. 390-393)
EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the
October 26, 2016, regular Business Committee in order to allow for additional information to
be followed up on, seconded by Tehassi Hill. Motion carried with one unanimously.
6. Review financial update regarding release of confidential employee information
(Not Submitted)
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to request the Finance
Department to identify cost and funds to potentially provide identity theft insurance to the thirtyeight (38) employees; and to direct that report to come back in two (2) weeks, seconded by
Jennifer Webster. Motion carried with one unanimously.
a. Accept verbal update regarding concern # 2016-CC-15
Sponsor:
Lisa Summers, Tribal Secretary
(pp. 394-395)
EXCERPT FROM SEPTEMBER 28, 2016: (1) Motion by Tehassi Hill to request the
Human Resources Department to expedite their investigation regarding concern # 2016-
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 7 of 8
Open Packet
Page 8 of 278
CC-15, seconded by Jennifer Webster. Motion carried with one abstention. (2) Motion by
Tehassi Hill to request the Law Office to complete a legal opinion on the potential liability
to the Oneida Nation for the disclosure of confidential information, seconded by Jennifer
Webster. Motion carried with one abstention.
E. NEW BUSINESS
1. Review personnel related request and determine next steps
(pp. 396-397)
(This item is scheduled to begin at 9:30 a.m.)
Sponsor: Dale Wheelock, Director/Oneida Housing Authority
2. Approve limited waiver of sovereign immunity – Wells Fargo Merchant Services –
contract # 2016-1136
Sponsor: Larry Barton, Chief Financial Officer
3. Approve Attorney Retainer Agreement – contract # 2016-1084
Sponsor:
(pp. 398-455)
(pp. 456-472)
Councilman David Jordan, Liaison Alternate/Oneida Personnel Commission
XIV. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 3:30 p.m., on Friday, October 21, 2016,
pursuant to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of October 26, 2016
Page 8 of 8
Open Packet
Page 9 of 278
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 26 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Weldon Hawk to the Environmental Resource Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 10 of 278
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the July 21, 2016 issue of the Kalihwisaks for One (1) of vacancy on the Environmental
Resource Board for a Three (3) year term with the deadline of August 19, 2016. There were Four (4) applicants for
the One (1) vacancy on the Environmental Resource Board. The appointment was made on the October 12, 2016
BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 11 of 278
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 26 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Felicia Bernhardt to the SEOTS Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 12 of 278
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the August 18, 2016 issue of the Kalihwisaks for One (1) of vacancy to finish term until 1/28/18
on the SEOTS Board for a Three (3) year term with the deadline of September 16, 2016. There was One (1)
applicant for the One (1) vacancy on the SEOTS Board. The appointment was made on the October 12, 2016 BC
Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 13 of 278
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 26 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve October 12, 2016, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. October 12, 2016, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Open Packet
Page 14 of 278
DRAFT
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, October 11, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, October 12, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Secretary Lisa Summers (excused at 12:00 p.m.-personal), Council
members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King;
Arrived at: Councilwoman Fawn Billie at 9:30 a.m. (excused-personal);
Others present: Jo Anne House, Larry Barton, Troy Parr, Joanie Buckley, Jacque Boyle;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster;
Not Present: Treasurer Trish King, Secretary Lisa Summers;
Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:25 p.m.;
Others present: Jo Anne House, Brad Graham, Bill Graham, Rhiannon Metoxen, Jessica Wallenfang,
Lisa Liggins, Nancy Barton, Kathy Metoxen, Cathy Bachhuber, Heather Heuer, Dale Wheelock, Chris
Johnson, Michelle Gordon, Clorissa Santiago, Brian Doxtator, Laura Manthe, Denice Beans, Gerald Hill,
Ed Delgado, Marcus Zelenski, Layatalati Hill, Tonya Webster, Leyne Orosco, Krystal John, Troy Parr,
Larry Barton, Cathy Metoxen, Mike Debraska, Taniquelle Thurner, Geraldine Danforth, Debra Danforth,
Paul Witek, Larry Cornelius, Jacque Boyle, Scott Cottrell, Mark A. Powless, Lori Elm, James Petitjean,
Brenda Skenandore, Sylvia Cornelius, Lauren Hartman, Mary Adams, RaLinda Ninham-Lamberies,
Lorraine Monita, Barb Erickson, Sharon Mousseau, Tom Danforth, Linda Jenkins;
I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:05 a.m.
For the record:
Chairwoman Tina Danforth will be out of the office during the afternoon
session on personal time. Vice-Chairwoman Melinda J. Danforth is out of
the office on personal time, but will arrive for the afternoon session to
chair the meeting. Treasurer Trish King and Secretary Lisa Summers are
out of the office on personal time.
II. OPENING by Councilman Tehassi Hill
Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016
Page 1 of 16
Open Packet
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DRAFT
III. ADOPT THE AGENDA (00:04:25)
Motion by Fawn Billie to adopt the agenda with the following changes: [Add-on to Resolutions section 6.F.
Adopt resolution entitled Election Law Emergency Amendments Extension; and Add-on to Executive
Session – New Business section 14.D.18. Review two (2) requests regarding the release of confidential
employee information], seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
IV. OATHS OF OFFICE (00:11:05) by Chairwoman Tina Danforth
A. Oneida Family Court Judge – Marcus S. Zelenski
V. MINUTES
A. Approve September 28, 2016, regular meeting minutes (00:14:39)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the September 28, 2016, regular meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
B. Approve September 30, 2016, special meeting minutes (00:15:12)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the September 30, 2016, special meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
VI. RESOLUTIONS
A. Adopt resolution entitled Eviction and Termination Law (00:15:38)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Brandon Stevens to adopt resolution # 10-12-16-A Eviction and Termination Law, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016
Page 2 of 16
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DRAFT
B. Adopt resolution entitled Defining Comprehensive Housing Division in the Eviction and
Termination Law (00:56:39)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Tehassi Hill to adopt resolution # 10-12-16-B Defining Comprehensive Housing Division in the
Eviction and Termination Law, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
For the record:
Chairwoman Tina Danforth stated I think this needs more work overall
and maybe in 120 days we’ll see what we find, but thank you.
C. Adopt resolution entitled Landlord-Tenant Law (1:44:52)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Tehassi Hill to adopt resolution # 10-12-16-C Landlord-Tenant Law, seconded by Brandon
Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
D. Adopt resolution entitled Defining Comprehensive Housing Division in the LandlordTenant Law (1:46:27)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Tehassi Hill to adopt resolution # 10-12-16-D Defining Comprehensive Housing Division in the
Landlord-Tenant Law, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Councilman David Jordan departs at 11:02 a.m.
Councilman David Jordan returns at 11:07 a.m.
E. Adopt resolution entitled Vendor Licensing Law Amendments (1:47:17)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Jennifer Webster to adopt resolution # 10-12-16-E Vendor Licensing Law Amendments with
the following changes:
[Revise section 56.5-3(b) by replacing “…appeal the decision.” With “file a complaint with the
Judiciary challenging the Department’s action.”;
Revise header of section 56.9 by replacing “Appeals of Licensing Decisions” with
“Department Decisions”;
Revise section 56.9-1 to read “The Judiciary is granted jurisdiction to hear complaints filed
regarding actions taken by the Department pursuant to this law.”;
Add section 56.9-2 to read “No administrative hearing body, including a board, committee or
commission, is authorized to hear a complaint filed regarding actions taken pursuant to this
law.”; and
Add section 56.9-3 to read “Complaints filed with the Judiciary shall name the Licensing
Department as the responding party”],
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
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Motion by Jennifer Webster to request the Finance Department to develop an analysis on whether the
fees minus the funds collected for Trust are covering the costs of the Licensing Department; and for that
analysis to be due back to the Business Committee within thirty (30) days, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Councilwoman Jennifer Webster departs at 11:18 a.m.
Councilwoman Jennifer Webster returns at 11:22 a.m.
F. Adopt resolution entitled Emergency Election Law Amendments Extension (2:13:38)
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Motion by Brandon Stevens to adopt resolution # 10-12-16-F Emergency Election Law Amendments
Extension, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
VII. APPOINTMENTS
A. Approve recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources
Board (2:30:17)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to approve the recommendation to appoint Weldon “Ted” Hawk to the
Environmental Resources Board, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
For the record:
Councilman David Jordan abstained due to the appointee being a
relative.
B. Approve recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal
Services Advisory Board (2:30:59)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to approve the recommendation to appoint Felicia Bernhardt to the
Southeastern Oneida Tribal Services Advisory Board, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
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VIII. STANDING COMMITTEES
A. Finance Committee
Sponsor:
Trish King, Tribal Treasurer
Councilman Tehassi Hill departs at 11:40 a.m.
Councilman Tehassi Hill returns at 11:43 a.m.
1. Approve October 3, 2016, Finance Committee meeting minutes (2:31:31)
Motion by David Jordan to approve the October 3, 2016, Finance Committee meeting minutes, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
IX. UNFINISHED BUSINESS
A. Review final report and accept recommendation regarding Medicare Part B Research
(2:48:50)
Sponsors:
Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B
research back to the Comprehensive Health Division Directors and to comeback with a report in
90 days that researches the opportunities we would have to provide insurance to those
individuals of 65 and over that are Oneida Tribal members and have a work meeting with the
directors to clarify and develop the scope, seconded by Lisa Summers. Motion carried
unanimously.
EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida
Nation Commission on Aging report and that the request from ONCOA regarding researching
whether or not the Tribe should pay for Medicare Part B benefits for Tribal members who use the
Oneida Health Center be assigned to the Comprehensive Health Division Directors to research
and bring back in 60 days, seconded by Lisa Summers. Motion carried unanimously.
Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee
meeting, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
B. Review update regarding vacancies and appointment recommendations regarding Oneida
Personnel Commission (Not submitted) (2:51:08)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to
Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through
posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through
posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back
to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried
with two abstentions.
EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the
recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida
Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2)
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Amendment to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a
chronology of events for these particular vacancies for information to the Business Committee,
seconded by Jennifer Webster. Motion carried unanimously.
Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee
meeting, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
X. NEW BUSINESS1
A. Approve request from Environmental Resources Board to support Menominee Nation in
opposing the Back Forty Mine (3:26:00)
Chair:
Marlene Garvey; Environmental Resources Board
Liaison:
Tehassi Hill, Councilman
Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications
Department to do further research; and for that area to bring back a report and proposed correspondence
for the Business Committee to consider and support, to be conducted before the October 26, 2016,
regular Business Committee meeting so that any action that may be taken can be accepted at the
October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. Approve annual Gaming Facilities Compliance Inspections; and request a letter be drafted
by Tribal Secretary certifying approved request (3:14:40)
Sponsor:
Troy Parr, Division Director/Development
Motion by Fawn Billie to approve the annual Gaming Facilities Compliance Inspections, seconded by
Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Jennifer Webster to request a letter be drafted in a timely manner by the Tribal Secretary
certifying the approved annual Gaming Facilities Compliance Inspections, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
1
This section occurs during the afternoon session.
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C. Approve changes to the Rules of Play – Poker which were adopted by Oneida Gaming
Commission on September 30, 2016 (3:29:12)
Chair:
Mark A. Powless Sr.
Liaison:
Brandon Stevens, Councilman
Motion by Jennifer Webster to accept the changes to the Rules of Play – Poker which were adopted by
Oneida Gaming Commission on September 30, 2016, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
D. Approve request from Oneida Nation School Board regarding the Final Settlement
Agreement in the Ramah Navajo Chapter, et al., v. Jewell case (3:31:15)
Chair:
Debra Danforth; Oneida Nation School Board
Liaison:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to approve the request to affirm that the awarded money shall not reduce or
eliminate any grants or tribal contributions that the Oneida Nation School System is currently receiving or
will be eligible to receive, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Brandon Stevens to request the Business Committee to meet with the Oneida Nation School
Board to discuss the pre-planning for utilization of the Final Settlement Agreement funds, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
E. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract #
2016-1143 for CIP project # 14-008 Uskah Village Infrastructure (3:38:32)
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by David Jordan to approve the limited waiver of sovereign immunity – Wisconsin Public Service –
contract # 2016-1143 for CIP project # 14-008 Uskah Village Infrastructure, seconded by Brandon
Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
F. Approve three (3) requests regarding 2017 Oneida Business Committee Standing Meeting
Schedule (3:39:03)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Fawn Billie to approve the 2017 Oneida Business Committee Standing Meeting Schedule
presented with the following changes: [Revise start time of Business Committee regular meetings to
begin at 8:30 a.m.; and Revise start time of Agenda Review meetings to begin at 2:30 p.m.], seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
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Motion by Jennifer Webster to request that any 2017 Oneida Business Committee Standing Meeting
Schedule updates be submitted to a Business Committee work meeting as information, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Jennifer Webster to request meetings from the approved 2017 Oneida Business Committee
Standing Meeting Schedule be sent to Business Committee members and their aides from the Tribal
Secretary E-mail account, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
G. Approve 2017 Quarterly Report Schedule; and direct Tribal Secretary to provide
notification of schedule to Boards, Committees, and Commissions, Standing Committees,
and Corporate Boards no later than December 1, 2016 (3:45:41)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to approve the 2017 Quarterly Report Schedule, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Tehassi Hill to direct Tribal Secretary to provide notification of the schedule to Boards,
Committees, and Commissions, Standing Committees, and Corporate Boards no later than December 1,
2016, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
H. Approve limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital
– contract # 2016-0973 (3:47:58)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Fawn Billie to approve the limited waiver of sovereign immunity – CNH America LLC-CHN
Industrial Capital – contract # 2016-0973, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Vice-Chairwoman Melinda J. Danforth calls for a five (5) minute recess at 2:20 p.m. (3:49:00)
Meeting called to order by Melinda J. Danforth at 2:25 p.m.
Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present.
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XI. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman David Jordan – 34th Annual Native American
Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016
(3:49:22)
Motion by Fawn Billie to accept the travel report – Councilman David Jordan – 34th Annual Native
American Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
2. Accept travel report – Councilman David Jordan – Democratic National Convention –
Philadelphia, PA – July 24-29, 2016 (3:52:55)
Motion by Jennifer Webster to accept the travel report – Councilman David Jordan – Democratic National
Convention – Philadelphia, PA – July 24-29, 2016, seconded by Fawn Billie. Motion carried with one
abstention:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting (3:43:18)
Sponsor: Lisa Summers, Tribal Secretary
a. Approved travel request – Councilman Brandon Stevens – White House Tribal
Nations conference – Washington D.C. – September 25-27, 2016
Requestor:
Brandon Stevens, Councilman
Motion by Tehassi Hill to enter the E-Poll results into the record for approved travel request – Councilman
Brandon Stevens – White House Tribal Nations conference – Washington D.C. – September 25-27, 2016,
seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by David Jordan to recess at 12:01 p.m. until 1:30 p.m., seconded by Fawn Billie. Motion carried
unanimously: (2:56:07)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.
Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present.
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XII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. OPERATIONAL REPORTS
1. Accept Development Division FY ’16 4th quarter report (2:56:42)
(1:30 p.m.-1:50 p.m.)
Sponsors: Troy Parr, Division Director/Development; Jacque Boyle, Interim Assistant
Division Director/Operations; Scott Cottrell, Utilities Manager
Motion by Jennifer Webster to accept the Development Division FY ’16 4th quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
2. Accept Environmental Health & Safety Division FY ’16 4th quarter report (3:02:55)
(1:50 p.m.-2:10 p.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
Motion by David Jordan to accept the Environmental Health & Safety Division FY ’16 4th quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
3. Accept Division of Land Management FY ’16 4th quarter report (3:08:19)
(2:10 p.m.-2:30 p.m.)
Sponsor: Patrick Pelky, Division Director/Land Management
Motion by Jennifer Webster to accept the Division of Land Management FY ’16 4th quarter report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. BOARDS, COMMITTEES, AND COMMISSIONS
Councilman Tehassi Hill departs at 1:44 p.m.
Councilman Tehassi Hill returns at 1:47 p.m.
Councilwoman Fawn Billie departs at 1:55 p.m.
1. Accept Anna John Residential Centered Care Community Board FY ’16 4 th quarter
report (2:30 p.m.-2:45 p.m.) (3:17:50)
Chair:
Candace House
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to accept the Anna John Residential Centered Care Community Board FY ’16 4th
quarter report, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Councilwoman Fawn Billie returns at 1:57 p.m.
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2. Defer Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016,
regular Business Committee meeting (3:13:44)
Chair-Elect: Dawn Walschinski
Liaison:
Jennifer Webster, Councilwoman
Motion by Jennifer Webster to defer the Oneida Nation Arts Board FY ’16 4th quarter report to the October
26, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King, Lisa Summers
XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Schedule the 2nd reconvened special General Tribal Council meeting (3:54:09)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve scheduling the 2nd reconvened special General Tribal Council meeting
on Monday, November 14, 2016, at 6:00 p.m., seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. Approve reprint and mailing of meeting materials for the 2nd reconvened special General
Tribal Council meeting (3:56:23)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to approve the reprint and mailing of meeting materials for the 2nd reconvened
special General Tribal Council meeting scheduled on Monday, November 14, 2016, at 6:00 p.m.,
seconded by Jennifer Webster. Motion carried with one opposed:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Opposed:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
XIV. EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (4:03:18)
Motion by Tehassi Hill to accept the Chief Counsel report, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
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C. UNFINISHED BUSINESS
1. Review report regarding request from Tribal Member’s concern over depletion of
Bureau of Indian Affairs – General Assistant Grant funds (Not submitted) (4:03:35)
Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division
Director/Governmental Services
EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the request as
information; and to request the Governmental Services Division and Self-Governance Director to
provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main
motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring
and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the
August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried
unanimously.
Motion by David Jordan to defer this item to the October 26, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
D. NEW BUSINESS
1. Accept update regarding white corn crop damage as information (4:04:13)
(This item is scheduled to begin at 9:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to accept the report; for follow-up information to be provided in the tribal
newspaper; and for the employee part of the complaint to be referred to the Internal Services Division
Director for follow-up, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
2. Review concern regarding safety and lockdown procedures at Skenandoah building
and determine next steps (4:07:11) (This item is scheduled to begin at 9:30 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to accept this item as information; and to request a notification to the
Business Committee when the Emergency Management procedures are complete, seconded by Tehassi
Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
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3. Accept update regarding Department of Public Works HVAC contracts as information
(4:07:56) (This item is scheduled to begin at 10:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to defer this item to the Legislative Operating Committee, Law Office, and
Purchasing Department to develop policies and solutions; and for an update to be brought back within
sixty (60) days, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
4. Review close-out report regarding 340-B certification and determine next steps
(4:08:30) (This item is scheduled to begin at 10:30 a.m.)
Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
Motion by Fawn Billie to accept the close-out report; to include the sales comparison; and request the
report to be released from executive session by placing it into open session for the October 26, 2016,
regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
5. Approve limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP –
contract # 2016-1076 (4:10:24) (This item is scheduled to begin at 11:00 a.m.)
Chair:
Debra Danforth; Oneida Nation School Board
Liaison:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Fredericks Peebles &
Morgan LLP – contract # 2016-1076, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
6. Review submission regarding complaint # 2016-DR07-01 (4:18:45)
(This item is scheduled to begin at 11:30 a.m.)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2)
weeks, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens, Lisa Summers
7. Review proposed Economic Development Structure and determine next steps (4:11:09)
(This item is scheduled to begin at 1:30 p.m.)
Sponsor: Troy Parr, Division Director/Development
Motion by Brandon Stevens to accept the proposed concept regarding the Economic Development
Structure, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016
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DRAFT
8. Approve limited waiver of sovereign immunity – Wisconsin Division of Transportation
– Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123
(4:12:26) (This item is scheduled to begin at 2:30 p.m.)
Sponsor: Patrick Pelky, Division Director/Land Management
Motion by Tehassi Hill to approve the limited waiver of sovereign immunity – Wisconsin Division of
Transportation – Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
9. Review and accept concern # 2016-CC-17 as information (4:12:49)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Brandon Stevens to acknowledge the receipt of information regarding concern # 2016-CC-17,
seconded by Jennifer Webster. Motion carried with two abstentions:
Ayes:
David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie, Tehassi Hill
Not Present:
Tina Danforth, Trish King, Lisa Summers
10. Review concern # 2016-CC-18 and determine next steps (4:13:28)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to acknowledge receipt of information regarding concern # 2016-CC-18,
seconded by David Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
11. Review item regarding Ancillary Facilities and determine next steps (4:13:47)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to direct the Law Office to develop the correspondence; and to submit the
correspondence for an E-Poll approval by the Business Committee by Wednesday, October 19, 2016,
seconded by Fawn Billie. Motion carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
12. Discuss Self-Governance Coordinator succession planning and determine next steps
(4:14:55)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Fawn Billie to defer this item to the October 26, 2016, regular Business Committee meeting,
seconded by David Jordan. Motion carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
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13. Review update regarding Tribal Ombudsman (4:14:17)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Tehassi Hill to accept the verbal update; and to direct the Business Committee Officers to bring
back a location recommendation to the Business Committee within sixty (60) days, seconded by Fawn
Billie. Motion carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
14. Approve request for title change of Medical Director to Comprehensive Health Division
Director-Medical (4:16:10)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee in
order to allow for additional information to be followed up on, seconded by Tehassi Hill. Motion carried
with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
15. Discuss performance expectations for new Direct Reports (4:16:35)
Sponsor:
Trish King, Tribal Treasurer
Motion by David Jordan to approve the request and defer this item to the October 17, 2016, Business
Committee work meeting, seconded by Fawn Billie. Motion carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
16. Review complaint # 2016-DR06-05 and determine next steps (4:16:58)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to accept the draft memorandum; and to direct the memorandum be forwarded to
the appropriate parties, seconded by Brandon Stevens. Motion carried with one with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
17. Approve limited waiver of sovereign immunity – PoliticalCalling.com – contract # 20161128 (4:17:47)
Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – PoliticalCalling.com –
contract # 2016-1128, seconded by Tehassi Hill. Motion carried with one with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Fawn Billie to go into executive session at 2:54 p.m., seconded by Tehassi Hill. Motion carried
with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
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Councilman Brandon Stevens departs at 3:40 p.m.
Motion by Tehassi Hill to come out of executive session at 3:42 p.m., seconded by Fawn Billie. Motion
carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens, Lisa Summers
18. Review two (2) requests regarding release of confidential employee information
(4:20:28)
Sponsor:
Tehassi Hill, Councilman
Motion by Tehassi Hill to request the Finance Department to identify cost and funds to potentially provide
identity theft insurance to the thirty-eight (38) employees; and to direct that report to come back in two (2)
weeks, seconded by Jennifer Webster. Motion carried with one unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens, Lisa Summers
XV. ADJOURN
Motion by David Jordan to adjourn at 3:45 p.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 26 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider the Back Pay Amendments for adoption
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
~
ONEIDA
Oneida Business Committee
Brandon Stevens, LOC Chairperson
October 26, 2016
Back Pay Law Amendments
Please find the following attached backup documentation for your consideration of the Back Pay
Law Amendments:
1. Resolution: Back Pay Law Amendments
2.
3.
4.
5.
6.
Statement of Effect: Back Pay Law Amendments
Back Pay Law Amendments Legislative Analysis
Back Pay Law (Red line)
Back Pay Law (Clean)
Back Pay Law Amendments Fiscal Impact Statement
Overview
This Resolution adopts amendments to the current Back Pay Policy. The amendments:
•
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Retitle the Back Pay Policy as a law in alignment with the Legislative Operating
Committee's (LOC's) directive that all policies are to be classified as laws moving
forward.
Expand the health insurance covered by the Nation during the back pay period to include
other insurance benefits such as long-term disability, short-term disability, dental, vision
and life insurance [see 206.4-1 (g)(1)].
Require a reinstated employee to authorize Purchased Referred Care to retroactively
recover funds from the employee's insurance provider if Purchased Refen·ed Care
services were provided to the employee during the back pay period [see 206.41(g)(l)(B)].
Update the calculation of an employee's back pay award when a fractional week is
included in the back pay period [see 206.4-3(b)(2)].
In accordance with the Legislative Procedures Act, a public meeting was held regarding the
amendments on May 5, 2016, with a comment period closing on May 12, 2016. Those
comments were accepted and considered by the LOC at the May 18, 2016, LOC meeting.
Requested Action
Approve the Resolution: Back Pay Law Amendments
Page 1 of 1
A good mind. A good heart. A strong fire.
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BC Resolution ________________
Back Pay Law Amendments
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 Back Pay Policy was adopted by the Oneida Business Committee by
resolution BC-05-24-06-PP and amended by resolutions BC-06-23-10-F and BC08-13-14-C; and
WHEREAS, the amendments to the Back Pay Policy retitle the Policy as a law in alignment
with the Legislative Operating Committee’s directive that all policies are to be
classified as laws moving forward; and
WHEREAS, currently, the Policy states that only the employee’s portion of the health
insurance premium would be deducted from the back pay award because only
health insurance would be covered by the Nation during the period where an
employee is involuntarily separated from employment with the Nation; and
WHEREAS, the amendments clarify that the employee’s portion of premiums for long-term
disability, short-term disability, dental, vision, and life insurance will also be
deducted from the back pay award because the insurance benefits are also covered
by the Nation during involuntary separations, except in the event of a termination
where the coverage would discontinue; and
WHEREAS, the amendments require an employee reinstated after an involuntary separation to
sign a waiver authorizing Purchased Referred Care to review the back pay period
to determine if services provided by Purchased Referred Care were used by the
employee; and
WHEREAS, if Purchased Referred Care determines services were rendered to the employee
during the back pay period, the employee shall submit insurance information to
Purchased Referred Care in order for Purchased Referred Care to retroactively bill
the insurance provider to recover funds for those services rendered to the
employee during the back pay period; and
WHEREAS, when determining an employee’s back pay award the current Policy calculates the
award for a fractional week at a rate of one-sixth of the employee’s weekly wage
per day worked during the fractional week; and
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WHEREAS, the amendments compensate the employee for each day worked during a
fractional week based on the average number of hours worked by the employee
per day; and
WHEREAS, additional amendments update the definition of back pay to clarify that the intent
of back pay is to compensate the employee for the involuntary separation as
determined by the formula set forth within this law; clarify that an employee’s
back pay award may include any Oneida Business Committee or General Tribal
Council merit increases provided to the employee during the back pay period; and
clarify that all internal departments of the Nation will cooperate as necessary with
the Oneida Law Office in providing information needed to prepare a back pay
agreement; and
WHEREAS, a public meeting on the amendments was held on May 5, 2016, in accordance
with the Legislative Procedures Act, and comments received were reviewed and
accepted by the Legislative Operating Committee on May 18, 2016.
NOW THEREFORE BE IT RESOLVED, that the attached amendments to the Back Pay Law
are hereby adopted.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Back Pay Law Amendments
Summary
This Resolution adopts amendments to the Back Pay law (“the Law”) that update and clarify
how the law is implemented.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
Amendments to the Back Pay Policy (Policy) retitle the Policy as a law in alignment with the
Legislative Operating Committee’s (LOC’s) directive that all policies are to be classified as laws
moving forward.
Currently, the Policy states that only health insurance is covered by the Nation during the period
where an employee is involuntarily separated from employment with the Nation. The proposed
amendments clarify that long-term disability, short-term disability, dental, vision, and life
insurance are included as insurance benefits that are covered by the Nation during involuntary
separations: except in the event of a termination where the coverage would discontinue. The
employee’s share of all insurance premiums paid during the involuntary separation will be
deducted from the employee’s back pay award.
Once employment is reinstated after an involuntary separation, the amendments require the
employee to sign a waiver authorizing Purchased Referred Care to review the back pay period to
determine if Purchased Referred Care services were used by the employee. If Purchased Referred
Care determines services were rendered to the employee during the back pay period, the
employee is now required to submit insurance information to Purchased Referred Care in order
for Purchased Referred Care to retroactively bill the insurance provider to recover funds for
those services rendered during the back pay period. If the employee refuses to sign an
authorization waiver from Purchased Referred Care, the employee will not be eligible to receive
any back pay award.
Amendments also update the calculation of an employee’s back pay award. Currently, if the back
pay period contains a fractional week (i.e. if the employee worked only part of the week
immediately before or after the involuntary separation); back pay is calculated for that fractional
week at the rate of one-sixth of the weekly wage per day worked during the fractional week.
Under the amendments the employee is compensated for each day worked during the fractional
week based on the average number of hours worked by the employee per day. The change was
made after taking into account that most Nation employees do not work six days a week, but
average between four and five days.
Additional amendments:
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update the definition of back pay to clarify that the intent of back pay is to compensate
the employee for the involuntary separation as determined by the formula set forth
within this law; and
clarify that an employee’s back pay award may include any Oneida Business Committee
or General Tribal Council merit increases provided to employees during the back pay
period; and
clarify that all internal departments of the Nation must cooperate as necessary with the
Oneida Law Office in providing information needed to prepare a back pay agreement.
Additional, minor changes are made to the draft to update the language and ensure compliance
with drafting style and formatting requirements. These changes did not affect the content or
meaning of the Law.
A public meeting on the proposed amendments was held on May 5, 2016, in accordance with the
Legislative Procedures Act. On May 18, 2016, the LOC reviewed all comments received during
the public comment period; and any changes made based on those comments have been
incorporated into this draft.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Draft # 3
2016 10 20
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Back Pay Amendments
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Analysis by the Legislative Reference Office
Back Pay
Drafter Clorissa N. Santiago Analyst
David P. Jordan
Maureen Perkins
The OBC Officers were considering a settlement proposal and two issues were
discovered that the OBC Officers felt needed to be addressed in the law, 1) if the
Requester &
employee is being reinstated for health care benefits as if they were never terminated,
Reason for
the employee should be mandated to reimburse the Nation for any CHS claims they
Request
may have made during the time they were off work and 2) Article 4-1 (g) (1) needs
clarification [see 206.4-1].
The purpose of this law is to set forth the standards used in calculating back pay for
Purpose
employees of the Nation in accordance with the Nation’s law[see 206.1].
Authorized/
This law applies to any of the Nation’s employees that receive back pay, Oneida Law
Affected Entities Office, and internal departments [see 206.5-2]. Also Oneida Judiciary.
Related
The Nation’s laws, rules and policies related to employment [see 206.4-1(a)(1), 206.4Legislation
1 (e)(2)], Investigative Leave Policy, Oneida Law Office Back Pay Procedures
Enforcement & An employee not receiving back pay in accordance with this law may seek
Due Process
enforcement by the Judiciary [see 206.5-4].
A public meeting was held on May 5, 2016. The LOC has reviewed the public
Public Meeting
comments received during the public comment period; and any changes made based
Status
on the public comments received have been incorporated into this draft.
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Overview
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The intent of the Back Pay law is to authorize monetary damages in the form of back pay
9
to an employee wrongfully suspended or terminated to compensate the employee. Current
10
amendments include providing reinstated insurance information to Oneida Contract Health
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department if services were rendered during the back pay period and clarification of insurance
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benefits.
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Employees are responsible for providing Oneida Contract Health with reinstated
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insurance information if services were rendered during the back pay period.
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Detail regarding insurance benefits was clarified.
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Proposed Amendments
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The definition of back pay was changed to align with the current practice in calculating
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back pay awards to compensate the employee [see 206.3-1(b)].
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The definition for punitive damages was added. “Punitive damages” means monetary
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compensation awarded to an injured party that goes beyond that which is necessary to
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compensate the individual for losses and that is intended to punish the other party [see
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206.3-1(j)]. Punitive damages are not allowed under the current or proposed amendments
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of the Back Pay law [see 206.4-2(a)].
Title
Sponsor
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Merit Increases from the OBC and GTC were added to the merit increase
system/standard used by the employee’s supervisor during the back pay period [see
206.4-1(e)].
The health insurance premiums section was updated to include long-term disability, short
term disability, dental, vision and life insurance [see 206.4-1(g)(1)].
Employees who are awarded reinstatement of insurance benefits are now required to sign
a waiver authorizing Oneida Contract Health to determine if services were rendered
during back pay period. If it is determined that services were rendered, employee must
provide insurance information to Purchased Referred Care services to retroactively
recoup funds from insurance [see 206.4-1(g)(1)(B)]. If the employee refuses to sign the
form they are ineligible for any back pay award [see 206.4-1(g)(1)(C)].
Retirement plan payments made to the employee in lieu of employer match were
removed [see 206.4-1(g)(3)(c)].
The calculation for a fractional week for back pay awards was changed from a 1/6 of the
weekly indemnity for each day [see 4-3(b)(2) of current policy] to an average of number
of hours worked for each day [see 206.4-3(b)(2)]; to more fairly compensate the average
employee who works between 4-5 days per week rather than 6 days per week.
Internal departments were added to the back pay process to ensure all departments
directly involved with the back pay process are included in assembling the back pay
package [see 206.5-2].
The Oneida Tribe of Indians of Wisconsin was updated to Nation throughout the law in
accordance with the approved constitutional amendments.
This law has changed from a policy to a law in alignment with the LOC’s directive that
all policies are classified as laws moving forward.
Other
Minor language changes have been made to improve the clarity of the law without
affecting the content. Please refer to the fiscal impact statement for any financial impacts.
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Title 2. Employment – Chapter 206
BACK PAY Policy
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Article I.
Article II.
Article III.
Article IV.
Article V.
Purpose and Policy
Adoption, Amendment, Appeal
Definitions
Back Pay Calculation
Back Pay Process
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206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Back Pay Calculation
206.5. Back Pay Process
Article I206.1. Purpose and Policy
1-1. 206.1-1. The purpose of this Policylaw is to set forth standards used in the calculation of
back pay for all employees of the TribeNation in accordance with Tribalthe Nation’s law.
1-2. 206.1-2. It is the policy of the TribeNation to have consistent and standard procedures
for the management of employee back pay.
Article II206.2. Adoption, Amendment, Appeal
206.2-1. This Policylaw was adopted by the Oneida Business Committee by resolution BC-524-06-PP and amended by resolutions BC-06-23-10-F and, BC-08-13-14-C. and BC_______________.
206.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
206.2-3. 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.
206.2-4. In the event of a conflict between a provision of this Policylaw and a provision of
another policylaw, the provisions of this Policylaw shall control.
206.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
Article III206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this
Policylaw. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Advocate” shall meanmeans a non-attorney person as provided by law and other
person who is admitted to practice law and is presented to the court as the representative
or advisor to a party.
(b) “Back pay” shall meanmeans money damages owed to the employee for a salary or
wage that would have been earned into compensate the time taken to litigate employee as
determined by the employment dispute, minus amounts that are deducted from salary or
income earned from a third-party employer or limited by otherformulas set forth within
this law of the Tribe..
(c) “Consequential Damages” shall meandamages” means damages that are not a direct
and immediately result of an act, but a consequence of the initial act, including but not
limited to penalties on early withdrawal of retirement account.
(d) “Consultant” shall meanmeans a professional who is contracted externally whose
expertise is provided on a temporary basis for a fee.
(e) “Court” shall mean the trial court of the Tribe’s judicial system.
(f)(e) “Earnings” shall includeincludes vacation/personal time, shift differential, holiday
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pay, merit increases, bonuses and incentives, employment benefits and income received
during the back pay period.
(g)(f) “Employee” shall meanmeans any individual who is employed by the TribeNation
and is subject to the direction and control of the TribeNation 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 TribeNation, but does not include elected or appointed officials or
individuals employed by a Tribally Chartered Corporation. For purposes of this
Policylaw, individuals employed under an employment contract as a limited term
employee are employees of the TribeNation, not consultants.
(h)(g) “Involuntarily separated” shall meanmeans an employee removed from
employment through whatever means, other than a layoff, by the employer. This shall
include, but is not limited to, investigative leave, suspension or termination.
(i) “Tribal” or “Tribe” shall mean the Oneida Tribe of Indians of Wisconsin.
(h) Article IV"Judiciary" means the judicial system that was established by Oneida
General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities
and responsibilities of the Nation.
(i) “Nation” means the Oneida Nation.
(j) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
206.4. Back Pay Calculation
206.4-1. Back Pay Limitations. Back pay shall only include the items identified in this
ArticleSection as they relate to the employee. Back pay shall include and be subject to the
following:
(a) Vacation/Personal Time Accrual. Employees shall receive prorated credit for
vacation/ personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation/ personal time. If the
crediting of vacation/personal time would result in the employee exceeding the
accrual cap of two-hundred eighty (280) hours pursuant to the Tribe’s personnel
Nation’s laws, rules and policies and procedures, then any amount over that cap
shall be provided as a cash payout. Non-reinstated employees shall be paid out
vacation/personal time in lieu of crediting personal/vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
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according to the merit increase system/standard used by the employee’s supervisor during
the back pay period and will include any increases from Oneida Business Committee or
General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the
same department.
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human
Resource Department Manager prior to involuntary separation, a method under
the Tribe’s personnel Nation’s laws, rules and policies and procedures shall be
used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back
pay amount, except for non-monetary gifts distributed by the TribeNation to all
employees (e.g. Winter Giftwinter gift certificates) or other non-monetary benefits, such
as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Health Insurance Premiums. The Tribe shall deduct Benefits. Coverage by
the Nation for health insurance premiums from the back pay award. Health,
dental insurance, vision insurance, life insurance, long-term disability and shortterm disability coverage by the Tribe shall continue during thean involuntary
separation, excluding terminations. except in the event of a termination where the
coverage will discontinue. The Nation shall deduct the employee’s share of
premiums paid from any back pay award.
(1)(A) If the employee’s circumstances have changed during the back pay
period and such circumstances affect the employee’s health insurance
needs, the employee shall notify the TribeNation of such changes at the
time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred
Care determines services were rendered during the back pay period, an
employee shall timely submit insurance information to Purchased Referred
Care in order for Purchased Referred Care to retroactively bill the insurance
provider to recoup funds for those services rendered during the back pay
period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee will not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions.
If a terminated employee was
contributing to the Tribe’sNation’s flexible benefit plan at the time of termination,
the status of the employee’s flex benefit plan shall be subject to the provisions of
the Internal Revenue Code.
(3) Retirement Benefit Contributions.
In the event the employee was
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participating in the Tribe’sNation’s retirement plan at the time of involuntary
separation, the employee shall be responsible for contacting the retirement plan
administrator and reactivating contributions.
(A) The employee may choose whether to have the employee’s
contribution to the retirement plan that would have been made during the
back pay period deducted from the total back pay amount and deposited
into the employee’s retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the TribeNation shall contribute the
employer match into the employee’s retirement account.
(C) If the employee was not participating in the Tribe’sNation’s retirement
plan or chooses not to make contributions through the back pay process,
then the TribeNation shall not make employer match contributions into the
employee’s retirement account or otherwise make payments to the
employee in lieu of employer match contributions.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(1)(A) Any unemployment compensation paid by the TribeNation to the State
of Wisconsin for an involuntarily separated employee shall be deducted
from the employee’s back pay award.; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then
may determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 41(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee
shall provide information from the employer to verify the income earned
before and during the back pay period.
206.4-2. Payments Not Allowed. The TribeNation shall not include the following in any back
pay amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees.;
(d) Time when the employee would not have been eligible to work.;
(e) Monies normally paid for additional duties while working where an alternate
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employee assumed that function while the employee was involuntarily separated, unless
the additional duties are a part of such involuntarily separated employee’s regular
schedule.
206.4-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends
on the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s earningsaverage hours worked
during the fifty-two (52) week period immediately preceding the date of the involuntary
separation and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the average weekly wage shall be calculated by taking the employee’s
earningsaverage hours worked and divide that amount by the number of weeks
worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of such week at the rate of one-sixth (1/6) of the
weekly indemnity.a fractional week at the rate of the average number of hours
worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under
extenuating circumstances related to business needs of the Nation wherein the
Oneida Law Office determines that considering hours worked per day
immediately prior would be unfair, an alternative reasonable timeframe may be
used.
Article V206.5. Back Pay Process
206.5-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose
of implementing this Policylaw.
206.5-2. TheInternal departments shall cooperate as necessary with the Oneida Law Office shall
work with the employee’s supervisor, the Human Resource Department and the
employee/advocatein providing information needed to assemble information and prepare the
back pay agreement.
206.5-3. A reasonable effort shall be made to complete the back pay agreement within thirty
(30) calendar days, starting the day after the party to the grievance action provides to the Oneida
Law Office a judgment ordering back pay or the results of an investigation or test showing the
employee is cleared of any wrongdoing.
206.5-34. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by appealing to the courtJudiciary.
End.
Adopted - BC-5-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
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Title 2. Employment – Chapter 206
BACK PAY
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206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
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206.4. Back Pay Calculation
206.5. Back Pay Process
206.1. Purpose and Policy
206.1-1. The purpose of this law is to set forth standards used in the calculation of back pay for
all employees of the Nation in accordance with the Nation’s law.
206.1-2. It is the policy of the Nation to have consistent and standard procedures for the
management of employee back pay.
206.2. Adoption, Amendment, Appeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and BC_______________.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
206.2-3. 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.
206.2-4. 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.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. 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) “Advocate” means a non-attorney person as provided by law and other person who is
admitted to practice law and is presented to the court as the representative or advisor to a
party.
(b) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(c) “Consequential damages” means damages that are not a direct and immediately result
of an act, but a consequence of the initial act, including but not limited to penalties on
early withdrawal of retirement account.
(d) “Consultant” means a professional who is contracted externally whose expertise is
provided on a temporary basis for a fee.
(e) “Earnings” includes vacation/personal time, shift differential, holiday pay, merit
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation 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 Nation, but
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does not include elected or appointed officials or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not
limited to, investigative leave, suspension or termination.
(h) "Judiciary" means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(i) “Nation” means the Oneida Nation.
(j) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
206.4. Back Pay Calculation
206.4-1. Back Pay Limitations. Back pay shall only include the items identified in this Section
as they relate to the employee. Back pay shall include and be subject to the following:
(a) Vacation/Personal Time Accrual. Employees shall receive prorated credit for
vacation/ personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation/ personal time. If the
crediting of vacation/personal time would result in the employee exceeding the
accrual cap pursuant to the Nation’s laws, rules and policies, then any amount
over that cap shall be provided as a cash payout. Non-reinstated employees shall
be paid out vacation/personal time in lieu of crediting personal/vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system/standard used by the employee’s supervisor during
the back pay period and will include any increases from Oneida Business Committee or
General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the
same department.
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human
Resource Department Manager prior to involuntary separation, a method under
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the Nation’s laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back
pay amount, except for non-monetary gifts distributed by the Nation to all employees
(e.g. winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage will discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay
period and such circumstances affect the employee’s insurance needs, the
employee shall notify the Nation of such changes at the time of
reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred
Care determines services were rendered during the back pay period, an
employee shall timely submit insurance information to Purchased Referred
Care in order for Purchased Referred Care to retroactively bill the insurance
provider to recoup funds for those services rendered during the back pay
period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee will not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions.
If a terminated employee was
contributing to the Nation’s flexible benefit plan at the time of termination, the
status of the employee’s flex benefit plan shall be subject to the provisions of the
Internal Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay
period deducted from the total back pay amount and deposited into the
employee’s retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
retirement account.
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(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then
may determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 41(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee
shall provide information from the employer to verify the income earned
before and during the back pay period.
206.4-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work;
(e) Monies normally paid for additional duties while working where an alternate
employee assumed that function while the employee was involuntarily separated, unless
the additional duties are a part of such involuntarily separated employee’s regular
schedule.
206.4-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary
separation and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the average weekly wage shall be calculated by taking the employee’s
average hours worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average
number of hours worked per day immediately prior to the involuntary
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separation. For the purposes of this section, immediately prior means the twelve
(12) full work weeks immediately preceding the involuntary separation. Provided
that, under extenuating circumstances related to business needs of the Nation
wherein the Oneida Law Office determines that considering hours worked per
day immediately prior would be unfair, an alternative reasonable timeframe may
be used.
206.5. Back Pay Process
206.5-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose
of implementing this law.
206.5-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.5-3. A reasonable effort shall be made to complete the back pay agreement within thirty
(30) calendar days, starting the day after the party to the grievance action provides to the Oneida
Law Office a judgment ordering back pay or the results of an investigation or test showing the
employee is cleared of any wrongdoing.
206.5-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-5-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
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MEMORANDUM
To:
Patricia King, Tribal Treasurer
Oneida Business Committee
From:
Larry Barton, Chief Financial Officer
Date:
October 17, 2016
Re:
Financial Impact of the Back Pay Law
I.
Background
The Back Pay Law was originally approved by BC resolution 05-24-06-PP. Amendments
were approved by with BC 06-23-10, BC 08-13-14-C, and new amendments are being
proposed to further define back pay, punitive damages, to provide notification of the Contract
Health Services department, and adding previously omitted insurance benefits to clarify the
calculation of awards.
II.
Executive Summary of Findings
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.
The Back Pay Law amends the title from Policy, to Law and replaces Tribe with Nation for
consistency purposes. Punitive damages is being defined as compensation that goes beyond
the amount necessary to compensate an employee for losses and is intended to punish the
other party.
The Back Pay calculation is adding to the calculation increases from the Oneida Business
Committee or General Tribal Council directives.
Insurance Benefits coverage during a covered involuntary separation adds dental, vision, life,
long-term, and short term disability insurances.
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The Law is amended to add the requirement that employees sign a waiver authorizing the
Contract Health Services department to determine if services were rendered during the back
pay award period and authorizes retroactive submission of claims to the health insurance
provider.
III.
Financial Impact
Each back pay award will have independent variables therefore, a fiscal impact is
indeterminate at this time.
IV.
Recommendation
The Finance Department does not make a recommendation in regards to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of an
action, so that General Tribal Council has full information with which to render a decision.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 26 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider the Election Law Amendments for adoption
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Page 25 of 147
~
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
=DOODDO=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Oneida Business Committe~C....
Brandon Stevens, LOC Chair~
October 20, 2016
Election Law Amendments
TO:
FROM:
DATE:
RE:
Please find the following attached backup documentation for the Election Law Amendments:
1. Resolution: Election Law Amendments
2. Statement of Effect: Election Law Amendments
3. Election Law Amendments Legislative Analysis
4. Election Law Amendments redline to current draft
5. Election Law Amendments Draft
Overview
The amendments will align the Election Law to the Oneida Nation Constitution and include;
•
•
•
Lowering the minimum voting age for Oneida Nation elections from 21 to 18
years of age.
Changing "Tribe" to "Nation".
Establishing a process for making future amendments to the Constitution.
Requested Action
The LOC is requesting that these amendments be forwarded to the GTC in January 2017 so that
they can be considered for adoption.
Page 1 of 1
A good mind. A good heart. A strong fire.
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GTC Resolution ________________
Election Law Permanent Amendments
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, on May 2, 2015, the Oneida Tribal membership voted at the Secretarial Election
to amend the Tribal Constitution; and
WHEREAS, on June 16, 2015 the United States Department of Interior, Bureau of Indian
Affairs approved by certification the amendments to the Oneida Tribal
Constitution; and
WHEREAS, in July 2015, a tribal member filed an appeal to the Interior Board of Indian
Appeals which suspended the certification and implementation; and
WHEREAS, on February 11, 2016 the Interior Board of Indian Appeals denied the tribal
member’s appeal and upheld the Bureau of Indian Affairs certification of all the
constitutional amendments; and
WHEREAS, these permanent amendments to the Election Law incorporate the following
Constitutional Amendments into the Law:
-Changing the age of a qualified voter from twenty-one (21) and over to
eighteen (18) and over;
-Providing more detail regarding the requirements for amending the
Nation’s Constitution and/or By-laws in the future; and
-Implementing a name change from “Oneida Tribe of Indians of
Wisconsin” to “Oneida Nation”; and
WHEREAS, a public meeting on the proposed permanent amendments to the Election Law was
held on September 15, 2016 in accordance with the Legislative Procedures Act;
and
NOW THEREFORE BE IT RESOLVED, that the attached permanent amendments to the
Election Law are hereby adopted and take effect immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Resolution: Election Law Permanent Amendments
Summary
This resolution permanently adopts amendments to the Election Law (the Law), which
update the Law to reflect the amendments made to the Oneida Nation Constitution (the
Constitution) by the May 2, 2015 Secretarial Election. The amendments to the Law:
Lower the minimum voting age for Oneida Nation elections from 21 to 18 years old;
Revise terminology by replacing references to “Tribe” with “Nation” ; and
Provide the process required to amend the Nation’s Constitution and/or By-laws in the
future.
Submitted by Krystal L. John, Staff Attorney
Analysis by the Legislative Reference Office
Emergency Amendments
On April 27, 2016, the Oneida Business Committee (OBC) adopted emergency amendments to
the Election Law. At the October 12, 2016 OBC meeting, the OBC extended the adoption of
those emergency amendments, which will now expire on April 27, 2017. The purpose of the
emergency amendments was to lower the voting age in the Law from 21 years old to 18 years old
in order to comply with the Constitution. The Legislative Operating Committee was required to
the process the voting age amendments as an emergency so that the Election Law would not
deny 18-20 year olds with their constitutional right to vote in the Nation’s elections while
permanent amendments were put together for the General Tribal Council to consider for
adoption.
These Permanent Amendments
This resolution would adopt permanent amendments to the election law that fully encompass all
revisions needed in order to incorporate the Constitutional amendments into the Election Law.
The permanent amendments include the lowering of the voting age, which was considered by the
emergency amendments, and also include provisions that detail how the Nation’s Constitution
and/or By-laws may be amended in the future. The current Law does not address how such
amendments are made, however, those provisions are now necessary in the Law based on the
Constitutional Amendments which required parts of the Constitutional and By-law amendment
process to be further detailed by law.
Conclusion
Adoption of this resolution would not conflict with the Nation’s laws.
Open Packet
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For OBC Consideration
October 26, 2016
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Election Law Amendments
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Analysis by the Legislative Reference Office
Title
Sponsor
Requester &
Reason for
Request
Purpose
Election Law (the Law)
Drafter
Analyst Tani Thurner
Tehassi Hill
Krystal John
The Constitutional Amendments Implementation Team requested changes to
implement the Constitutional amendments approved by the May 2, 2015 Secretarial
Election.
This Law governs the Nation’s process for electing officials.
Election Board is created by this law, and delegated primary responsibilities.
General Tribal Council (GTC), the Oneida Business Committee (OBC), Judiciary,
Tribal Secretary, Trust Enrollment Department, Zoning Administrator, Records
Authorized/
Management Department and Oneida Police Department are all delegated specific
Affected Entities
authorities or responsibilities in this Law.
All elected entities are affected by this law – including boards, committees,
commissions, and the Judiciary.
Election Board Bylaws; Comprehensive Policy Governing Boards, Committees and
Related
Commissions; Open Records and Open Meetings Law, Removal Law, Zoning Law;
Legislation
Oneida Nation Gaming Ordinance (ONGO) and various laws identifying
responsibilities/authority for elected entities.
The Law allows for the Election Board to impose fines for violations of the law’s
contribution restrictions and campaign sign restrictions. The Zoning Administrator may
Enforcement &
remove noncompliant campaign signs. The Law provides appeal processes for
Due Process
applicants who are found to be ineligible to run for elected positions, for voters found to
be ineligible to vote, and for challenging the results of an election.
A public meeting was held on September 15, 2016. No spoken comments were
Public Meeting
submitted at the Public Meeting, and no written comments were submitted during the
Status
public comment period.
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Overview
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These proposed amendments to the Election Law (the Law) permanently adopt the
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emergency amendments adopted on April 24, 2016, which were extended by the Oneida
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Business Committee on October 12, 2016. In addition, these proposed amendments also create
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an additional section in the Law, which details one of the two processes established by the
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Nation’s Constitution, for amending the Constitution in the future.
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The emergency amendments will lapse on April 27, 2017, unless permanently adopted prior
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to that date, in accordance with the Legislative Procedures Act.
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On May 2, 2015, the Oneida Nation voted in a Secretarial Election, approving five
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amendments to the Oneida Nation Constitution (hereinafter: “Constitution”):
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x Lowering the minimum voting age for Tribal elections from 21 to 18 years old.
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x Establishing a different process for making future amendments to the Constitution; and
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giving the Secretary of the US Department of the Interior less approval/oversight
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authority over the Nation.
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x Changing the name of the Oneida Tribe of Indians of Wisconsin to “Oneida Nation”.
Page 1 of 3
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Formally establishing the Judiciary in the Constitution
Allowing GTC Annual and Semi-Annual meetings to be held at any time during the
months of January and July, instead of on the first Mondays of those months.
These proposed amendments were submitted to update the Law to reflect the Constitutional
amendments.
Lowering the minimum voting age for Oneida Nation elections from 21 to 18 years old;
changing “Tribe” to “Nation” to reflect the new name.
After the Constitution was amended, provisions in this Law conflicted with the new
requirements – specifically, this Law still defined “qualified voters” as persons who are at least
21 years old, but the Constitution now states that qualified voters are persons who are at least 18
years old.
On April 27, 2016, the OBC adopted emergency amendments to this Law which lowered the
minimum voting age to 18. Additional changes were made to replace references to the “Tribe”
with references to the “Nation.” [2.3-15]. Those amendments were adopted on an emergency
basis in order to reconcile the different voting age requirements before a caucus that was
scheduled for May 7, 2016.
Establishing a different process for making future amendments to the Constitution
In addition to permanently adopting the emergency amendments, these proposed changes
create a new section in the Law, which addresses how the Constitution can be amended in the
future. Currently, this Law does not address how the Constitution can be amended; the only
requirements are set out in the Constitution, and those requirements were changed after the
Secretarial Election.
The amended Constitution now identifies that there are now two different processes by which
Constitutional amendments can be placed on a ballot for the membership to vote on:
1. OBC Process. Amendments may be proposed by the OBC.
2. Petition Process. Amendments may be proposed by a petition signed by the
membership.
OBC Process
The new section in the Law essentially repeats most of the requirements set out in the
Constitution for the petition process; but for the OBC process, this Law does not repeat the
requirements found in the Constitution. Instead, the Law states that the requirements for the OBC
process are “provided in the Constitution and as further detailed in the supporting standard
operating procedures which the [OBC] shall adopt.” [2.13-1] The Constitution does not
specifically authorize the OBC to adopt supporting SOPs for when they propose amendments;
that language only appears in the proposed new language for the Election Law.
Petition Process
The Constitution sets out specific requirements for the petition process; and most of those
requirements are repeated in the new language in this Law. The Constitution also identifies
additional requirements that may/must be established by law, and most of those are also
established in this new section added to the Law:
Requirement in the Constitution
Provisions that would be added to the Election Law
Page 2 of 3
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October 26, 2016
On the ballot, proposed Constitutional amendments
must be accompanied by purpose statement, prepared
by “the person who is so authorized by law.”
Petitions to amend the Constitution must be filed with
the “person authorized by law” to receive them.
After receiving a petition, the authorized person must,
“as provided by law”:
1. determine the validity and sufficiency of the
signatures, and
2. at least 60 days before the election, make an
official announcement about the validity/
sufficiency of the signatures,
Petitions must be in the form, and signed and circulated
in the manner prescribed by Oneida law.
Publishing Notice: 3 things must be published in full,
as provided by Oneida Law:
x The proposed Constitutional amendment
x The existing provision of the Constitution and
Bylaws that would be changed/deleted.
x The question as it shall appear on the ballot.
Notice must be “prominently posted at Tribal
administration offices.”
Notice must be “furnished to news media as provided
[by] Oneida law.”
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Authorizes the Oneida Law Office to prepare the statement
of purpose that will appear on the ballot. [2.13-4]
Authorizes the Office of the Nation’s Secretary (i.e. Tribal
Secretary) to receive these petitions. [2.13-1]
1. The Trust Enrollment Department is responsible
for verifying petition signatures, and
2. The Election Board is responsible for making an
official announcement of the proposed
amendments, once signatures are verified. [2.13-1]
Qualified voters may request a petition form from the
Tribal Secretary:
x Then, the Tribal Secretary/designee must direct the
Trust Enrollment Department to calculate the number
of signatures the petitioner must collect. (This is
calculated as of the date the petition form is requested.)
x Then, the Secretary must give the petition form to the
requester, and inform the requester of how many
signatures they must collect.
Petition forms must be circulated with all supporting
materials (if any); each person signing the petition must
also initial the form to acknowledge the supporting
materials were available for review at the time s/he signed
the petition. 2.13-1.
Proposed amendments must be published by publishing a
sample ballot. The Election Board is responsible for massmailing the sample ballot no less than 10 days before the
election. The Election Board Chair must notify the Trust
Enrollment Department no less than 20 days before the
requested mailing. 2.13-3.
The sample ballot must be prominently posted at Oneida
administrative offices; defined as “the location where the
[OBC] conducts business.” [2.13-3]
The sample ballot must be published in official Oneida
media outlets, which must be identified by OBC resolution.
[2.13-3]
Although not required by the Constitution, one other additional requirement is established
by the Law: The Constitution does not identify who is responsible for putting proposed
amendments on the ballot for an election. This Law adds that the Election Board is responsible
for doing so. [2.13-2]
Other
Various references to the “Enrollment Department” are changed to refer to the “Trust
Enrollment Department.” All other relevant references to the “Tribe” were changed to “Nation”
– including references to the “Tribal Secretary”, which were changed to the “Nation’s
Secretary”; and all references to the Constitution were revised to “Oneida Nation Constitution.”
Section 2.2 is updated to incorporate the language requirements set out in the Legislative
Procedures Act.
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Title 1. Government and Finances - Chapter ~102
ONEIDA ELECTION LA'V
Oru..yote?a·ka: Tho Ni· Y 6t Tsi? Ayethiyatahiko Tsi? KayanU.hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
2.1. _Purpose and Poli cy
2.2. _Adoption, Amendment, Repeal
2.3 . _Definiti ons
2.4. _Election Board
2.5. _Candidate Eligibility
2.6. _Selection of Candidates
2.7. Notice of Polling Places
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2.8. _Registration of Voters
2.9. _ Election Process
2.10. ClosiAg PollsTabulating and Securing Ball ots
2. I I. Electi on Outcome and Ties
2.12. Elections
2.13. Oneida Nation Constitution an d By-law Amendments
2.1. -Purpose and Policy
2.1-1. -It is the policy of the +fl.eeNation that this law shall govern the procedures for the conduct
of orderly Tribal elections of the Nation, including pre-election activities such as caucuses and
nominations.- Because of the desire for orderly and easily understood elections, there has not
been an allowance made for write-in candidates on ballots.
2.1-2. -This law defines the duties and responsibilities of the Election Board members and other
persons employed by the Oneida -TribeNation in the conduct of elections. It is intended to
govern all procedures used in the election process.
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2.2. -Adoption, Amendment, Repeal
2.2-1.- This law was adopted by the Oneida General Tribal Council by resolution #-GTC 107-0698-A -and amended by resolutions #GTC-01-04-10- A and BC-02-25-15-C. The amendments
adopted by resolution #GTC 01 04 10 A. shall be effective January 4, 2010.
2.2-2. -This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Oneida i\dministrativeLegislative Procedures Act by the Business
Committee or the Oneida General Tribal Council. :. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
2.2-3. -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 pmiions.
2.2-4. Any law, policy, regulation, rule, resolution or motion, or portion thereof, v.Tiich directly
conflicts with the provisions of this law is hereby repealed to the eKtent that it is inconsistent
with or is contrm')' to this la\v.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.
2.2-5 .- This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of
'.VisconsinNation.
2.3. Definitions
2.3-1 .- 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.
2.3-2. -"Alternate" shall mean an individual appointed by the Business Committee to serve on
the Election Board during an election and until election results have been ce1iified.
2.3-3. -"Applicant" shall mean a potential candidate who has not yet been officially approved for
acceptance on a ballot.
2.3-4. - "Business day" shall mean Monday through Friday, 8:00 a.m. - 4:30 p.m., excluding
2--1 O.C. 102 - page 1
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Tribal holidays of the Nation.
2.3-5. -"Campaigning" shall mean all efforts designed to influence Tribal members ofthe Nation
to support or reject a particular Tribal candidate of the Nation including, without limitation,
advertising, rallying, public speaking, or other communications with Tribal members of the
Nation.
2.3-6.- "Candidate" shall mean a petitioner or nominee for an elected position whose name is
placed on the ballot by the Election Board after successful application.
2.3-7. -"Clerk" shall mean the election official who identifies proper registration for the purpose
of determining voter eligibility.
2.3-8. -"Close of business" shall mean 4:30p.m. Monday through Friday.
2.3-9. "Conflict oflnterest" shall mean any interest, whether it be personal, financial, political or
otherwise, in which a -TH-l:ntlNation elected official, employee, consultant, appointed or elected,
member of any board, committee or commission, or their immediate relatives, friends or
associates, or any other person with whom they have contact, that conflicts with any right of the
TflbeNation to propetiy, information, or any other right to own and operate its enterprises, free
from undisclosed competition or other violation of such rights of the Oneida Tfl.beNation, or as
defined in any law or policy of the Tfi.beN ation.
2.3-10. -"Election" shall mean every primary and election.
2. 3-11.- "General election" shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Business Committee and may include contests for elected boards, committees and commissions
positions.
2.3-12. -"Judge" shall mean the election official who infmms and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
2.3-13. -"Judiciary" means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of
the Tfl.beNation.
2.3-14.- "Lot drawing" shall mean the equal chance method used to select a candidate as the
winner of an elected position, in the case of a tie between two (2) or more candidates.
2.3-15. "Oneida Police Officer" shall mean an emolled member of the Oneida Tribe of Indians
v,rho is a police officer on any police force"Nation" means the Oneida Nation.
2.3-16. "Nation' s newspaper" shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
2.3-17. "Oneida Police Officer" shall mean an enrolled member of the Oneida Nation who is a
police officer on any police force.
2.3-18. "Private propetiy" shall mean any lot ofland not owned by the TflbeNation, a residential
dwelling or a privately owned business within the boundaries of the Reservation.
2.3-+71.2.. "Prominent locations" shall mean the polling places, main doors of the Norbert Hill
Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida
Community Health Center, the SEOTS building and all One-Stop locations.
2.3--±-&---20. "Qualified voter" shall mean an enrolled Tribal member of the Nation who is
Ueighteen (18) years of age or older.
2.3-~2.L "Rejected Ballots" shall mean those ballots which are rejected by the vote tabulating
machine.
2-1 O.C. 102 - page 2
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2.3-~22. "Spoiled Ballot" shall mean a ballot which contains a voter error or is otherwise
marred and is not tabulated.
2 . 3-~23 . "Teller" shall mean the election official in charge of collecting and storing of all
ballots.
2.3 22. "Tribal nev1spaper" shall mean the Kalihwisaks, or any other ne•.vspaper operated by the
Tribe for the benefit of transmitting news to Tribal members vlhich is designated by the Election
Board as a source for election related nev,rs.
2.3 23 . "Tribe" means the Oneida Tribe of Indians of Wisconsin.
2.4. -Election Board
Section A. Establishment, Composition and Election
2.4-1 .- An Election Board is hereby created for the purpose of carrying out the provisions of this
law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
2.4-2.- The Election Board shall consist of nine (9) elected members. All members shall be
elected to terms of three (3) years, not to exceed two (2) consecutive te1ms.
2.4-3. -Recusal.- An Election Board member shall recuse himself/herself from participating as an
Election Board member in any pre-election, election day, or post-election activities while he or
she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of
interest.
2.4-4. - Removal. - Removal of members shall be pursuant to the Oneida Removal Law. A
member who is removed from the Election Board shall be ineligible to serve on the Board for
three (3) years from the time he or she is removed from the Election Board.
2.4-5. - Vacancies.- Any vacancy in an unexpired term shall be filled by appointment by the
Business Committee for the balance of the unexpired term. The filling of a vacancy may be
timed to correspond with the pre-election activities and the needs of the Election Board.
2.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.
2.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the
Election Board, as recommended by the Election Board, to assist with election day and preelection activities.
2.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the
By-laws of the Election Board, to preside over the meetings. This selection shall be carried out
at the first meeting of the Election Board following an election. The Chairperson shall then ask
the Election Board to select a Yice-Chairperson and Secretary.
Section B. Duties of the Election Board
2.4-9. -The Election Board shall have the following duties, along with other responsibilities listed
throughout this law.
(a) The Election Board shall be in charge of all registration and election procedures; and
(b) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. Specific Duties of Officers and Election Board Members
2.4-10. -Specific duties ofthe Chairperson and other Election Board members, in addition to
being present at all Election Board meetings and assisting the handicapped through the voting
process, are as set out herein:
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(a) - Chairperson:- Shall preside over meetings of the Election Board; shall select the
hearing body for applicants found to be ineligible in accordance with 2.5-6 in the event of
an appeal; shall oversee the conduct of the election; shall dismiss the alternates and
OneidaTrust Enrollment Department personnel when their election day duties are
complete; and shall post and repmi election results.
(b)- Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.
(c)- Secretary: Shall keep a record of the meetings and make them available to the
ffl.ea.l.Nation 's Secretary, other Election Board members and the public as required in the
Open Records and Open Meetings Law.
(d)- Clerks: Shall implement the requirements of identifying and registering all voters
and determining voter eligibility. Clerks shall work in conjunction with the OneidaTrust
Enrollment Department personnel in the registration process, and assist the Chairperson
as directed in conducting the election. Clerks cannot be cutTently employed by the
OneidaTrust Enrollment Department.
(e)- Tellers: Shall collect and keep safe all ballots, until the election is complete, as
determined by this law. Shall assist the Chairperson in conducting the election.
(f)- Judges: Shall inform and advise the Chairperson of all aspects of the election
conducted under this law. In case of disputes among Election Board members, or
between Tribal members of the Nation and Election Board members, or any controversy
regarding voter eligibility, the Judge(s) shall assist the Chairperson in making a
determination. The Judge(s) shall also ensure that all ballots of voters whose eligibility
may be in question, remain confidential.
Section D. Compensation Rates
2.4-11. Election Board members are to be compensated at an hourly rate when conducting
elections as provided for in the Election Board' s bylaws as approved by the Business Committee.
The Election Board shall have a budget, approved through the Nation' s budgeting process of the
ffibe.
2.4-12. The OneidaTrust Enrollment Depruiment personnel and Oneida Police Officer(s) shall
be compensated at their regular rate of pay out of their respective budgets.
2.5. Candidate Eligibility
Section A. Requirements
2.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted by-laws
or other documents, all applicants shall meet the minimum requirements set out in this section in
order to become a candidate.
2.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:
(a) be an enrolled Tribal member of the Nation, as verified by membership rolls of the
+flbeNation.
(b) be a qualified voter on the day of the election.
(c) provide proof of physical residency as required for the position for which they have
been nominated or for which they have petitioned. Proof of residency may be through
one (1) or more of the following:
(1) a valid Wisconsin driver's license;
(2) a bill or pay check stub showing name and physical address of the candidate
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(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
2.5-3. No applicant may have a conflict of interest with the position for which they are being
considered, provided that any conflict of interest which may be eliminated within thirty (30)
calendar days of being elected shall not be considered as a bar to nomination or election.
2.5-4. Applications and petitions where the applicant was not nominated during caucus shall be
filed by presenting the information to the fflbalNation 's Secretary, or designated agent, during
normal business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after
the caucus. No mailed, internal +Hbal:Nation mail delivery, faxed or other delivery method shall
be accepted.
2.5-5. The names of the candidates and the positions sought shall be a public record and made
available to the public upon the determination of eligibility by the Election Board or the Board's
designated agent.
Section B. Eligibility Review
2.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.
At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall
select the hearing body. The hearing shall be held within two (2) business days of receipt of the
appeal. The applicant shall be notified by phone of time and place of the hearing. The decision
of the hearing body shall be sent via ce1iified mail or hand delivery within two (2) business days
of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the
Judiciary on an accelerated schedule.
2.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to
verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position
shall be notified by certified mail return receipt requested. The notice shall provide the
following information:
(a) Position for which they were considered
(b) Qualification of the position and citation of the source. (Copies of source may be
attached.)
(c) A brief summary explaining why the applicant was found to be ineligible.
(d) That the applicant has two (2) business days from notification to make an appeal.
Appeals must be filed at the location designated on the notice by hand delivery. The
location designated shall be on the Reservation. No mailed, internal +Hbal:Nation mail,
faxed or other delivery method will be accepted.
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Section C. Campaign Financing
2.5-8. Contributions:
(a) Solicitation of Contributions by Candidates.
(1) Candidates shall only accept contributions from individuals who are members
of the fflbeNation or individuals related by blood or marriage to the candidate.
Candidates may not accept contributions from any business, whether sole
proprietorship, partnership, corporation, or other business entity.
:2--1 O.C. 102 - page 5
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(2) Candidates shall not solicit or accept contributions in any Tribal office or
business/facility of the Nation.
(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business
Committee.
2.5-9. Campaign Signs and Campaigning:
(a) Placement of campaign signs:
(1) Campaign signs shall not be posted or erected on any Tribal property of the
Nation except for private pro petty with the owner/tenant's permission.
(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum
of seven (7) such signs may be placed on a building or on a lot.
(3) No campaign sign shall project beyond the propetiy line into the public right
ofway.
(b) Removal of campaign signs. All campaign signs shall be removed within five (5)
business days after an election.
(c) Employees of the +ri-beNation shall not engage in campaigning for Tribal offices of
the Nation during work hours. ffl.balThe Nation's employees shall be subject to
disciplinary action under the personnel policies and procedures for political campaigning
during work hours.
(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign
signs that are not in compliance with this law, in accordance with the Zoning and
Shoreland Protection Law.
(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by
the Election Board in an amount specified in a resolution adopted by the Business
Committee.
Section D. Candidate Withdrawal
2.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by the
candidate prior to submission of the ballot for printing to any Election Board member, excluding
altemates.
2.5-11 After printing of the ballot, any candidate may withdraw his or her name from the
election by submitting in writing a statement indicating they are withdrawing from the election
prior to the opening of the polls to any Election Board member, excluding altemates. This
statement shall be posted alongside any sample ballot printed prior to the election in the
newspaper or any posting at the polling places.
2.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the
Election Board members in charge of the polling place, to be removed from the ballot. The
written statement shall be posted next to any posted sample ballot.
2.5 -13. Candidates withdrawing by any method listed herein shall be denied any position from
which they have withdrawn regardless of the number of votes cast for that candidate. A written
statement shall be considered the only necessary evidence of withdrawal and acceptance of
denial of any position withdrawn from.
2.5-14. Candidate Withdrawal After Winning an Election.
(a) In the event a candidate declines an office after winning an election, the Election
Board shall declare the next highest vote recipient the winner. This procedure shall be
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repeated as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
2.6. Selection of Candidates
Section A. Setting of Caucus
2. 6-1. The Election Board shall be responsible for calling a caucus before any election is held.
The caucus for the general election shall be held at least ninety (90) calendar days prior to the
election date. Caucuses for other elections shall be held at least forty- five (45) calendar days
prior to the election date. In a general election year, caucuses shall be combined so that
candidates for the Business Committee and elected boards, committees and commissions are
nominated at the same caucus.
2.6-2. The procedures for the caucus shall be as follows:
(a) Candidates shall be nominated from the floor.
(b) Candidates present at the caucus will accept/decline their nomination at the caucus.
Candidates nominated at the caucus, but not present to accept the nomination, shall be
required to follow the petition process.
(c)
Nominations shall consist of the following positions:
Chairperson, ViceChairperson, Treasurer, Secretary, Council Member and other elected positions as
required by by-laws or creating documents of a board, committee, or commission.
Section B. Petition
2.6-3. Any eligible Tribal member of the Nation may petition to be placed on a ballot according
to the following procedures:
(a) Each petitioner, not nominated at caucus, shall file a petition containing
endorsee's original signatures; photocopies shall not be accepted.
(b) Petitioners shall use an official petition form as designated by this law which may
be obtained in the ffi.ealOffice of the Nation' s Secretary's Office or from the mailing
for that caucus.
(c) The petition form shall consist of each endorsee's:
(1) printed name and address;
(2) date of birth;
(3) Oneida ffi.ealNation Emollment Number; and
(4) signature.
(d) Petitioners shall obtain not less than ten (1 0) signatures of qualified voters as
defined under this law.
(e) Petitions shall be presented to the ffi.ealNation's Secretary, or designated agent,
during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than
prior to close of business five (5) business days after the caucus. The location to
drop-off petitions shall be identified in the mailing identifying the caucus date.
(f) The ffi.ealNation's Secretary shall forward all petitions to the Election Board
Chairperson the next business day following the close of petition submissions.
(g) The Election Board shall have the OneidaTrust Emollment Department verify all
signatures contained on the petition.
2.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a
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judicial court or commission, shall not run for more than one (1) elective office or seat per
election.
2. 7. Notice of Polling Places
2. 7-1. The Election Board shall post a notice in the prominent locations, stating the location of
the polling places and the time the polls will be open. This notice shall also be posted in an
easily visible position, close to the entrance of ffibalthe Nation' s businesses/facilities.
2.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the
election, and shall remain posted until the poll closes on the day of the election.
2. 7-3. Except for a Special Election, notice for the election shall be mailed to all ffiba!N ation
members, stating the time and place of the election and a sample of the ballot, no less than ten
(1 0) calendar days prior to the election, through a mass mailing. The OneidaTrust Emollment
Depmiment shall be notified, by the Election Board Chairperson, no less than twenty (20)
calendar days prior to the requested mailing.
2.7-4. Notice of the election shall be placed in the ffiba!Nation's newspaper.
2.8. Registration of Voters
Section A. Requirements
2.8-1. Registration of Voters. All enrolled members of the +fl.eeNation, who are t\venty one
~eighteen (18) years of age or over, are qualified voters of such election(s) as defined in
Atticle III, Section 2 of the Oneida ffiba!N ation Constitution.
Section B. Identification ofVoters
2.8-2. All voters must present one of the following picture identifications in order to be able to
vote:
(a) ffiba!Oneida Nation I.D.
(b) Drivers License.
(c) Other I.D. with name and photo.
Section C. Registration Procedures
2.8-3. Voters shall physically register, on the day of the election, at the polls.
2.8-4. OneidaTrust Enrollment Depmiment personnel shall be responsible for verifying ffibal
enrollment,. with the Nation. Conduct of OneidaTrust Enrollment Department personnel is
govemed by the Election Officials during the voting period.
2.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration
Form containing the voter's following infmmation:
(a) name and maiden name (if any);
(b) current address;
(c) date of birth; and
(d) enrollment number.
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Section D. Qualification/ Verification of Voter Eligibility
2.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,
the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with
the Trust Enrollment Department personnel who are registering voters, to decide the voting
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member's eligibility currently being questioned and shall make such decisions from the facts
available, whether the applicant is, in fact, qualified/verifiable under the Oneida ffibalN ation
Constitution, Article III Section 2, to vote in tfibal.the Nation's elections.
2. 8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be
placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of
the voter shall be written next to a numbered list which corresponds to the numbered and sealed
envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box
413, Oneida, Wisconsin, 54155, postmarked within two (2) business days ofthe election ifthey
desire to challenge the decision made by the Election Officials. The Election Board shall make a
final decision, within five (5) business days of receiving the appeal and shall report this decision
in the final report sent to the Oneida Business Committee.
2.9. Election Process
Section A. Polling Places and Times
2.9-1. In accordance with Article III, Section 4~ of the +HbalOneida Nation Constitution,
elections shall be held in the month of July on a date set by the General Tribal Council. The
General Tribal Council shall set the election date at the January annual meeting, or at the first
GTC meeting held during a given year. Special Elections shall be set in accordance with 2.12-6.
2.9-2. Elections shall be held in an Oneida ffibalNation facility(s) as determined by the Election
Board.
2.9-3. Voting for elections shall begin at 7:00a.m. and shall end at 7:00p.m. All voters in line
to vote at 7:00p.m. shall be allowed to vote.
(a) If a ballot counting machine is used, the ballot counting machine shall be prepared
prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after
four (4) Tribal members of the Nation verify, through signature on the tape, the ballot
box is empty and the ballot counting machine printer tape has a zero (0) total count.
2.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,
and until the counting of ballots is completed, and tentative results posted.
2.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such
that there is an area with at least two sides and a back enclosure.
2.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of
the voting area, excluding private property.
2.9-7. No one causing a disturbance shall be allowed in the voting area.
2.9-8. Election Board members may restrict the voting area to qualified voters only. This
restriction is in the interest of maintaining security of the ballots and voting process.
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Section B. Ballot Box
2.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and
shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,
the ballots may be placed within the ballot counting machine as they are received.
Section C. Spoiled Ballots
2.9-10. If a voter spoils his/her ballot, he/she shall.be given a new ballot.
2.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials
and placed in an envelope marked as "Spoiled Ballots."
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2.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)
calendar days following finalization of any challenge of the election, at the Records Management
Depmiment.
Section D. Rejected Ballots
2.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.
(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the
authenticity of the ballot. Ballots rejected because of mutilation shall be added to the
final computer total, provided that, a new ballot was not received as set out in sections
2.9-10through2.9-12.
(b) Ballots rejected, either during the computer process or during a manual counting,
shall be reviewed by the Election Officials to verify that they are authentic. If the
Election Officials determine that the ballot is not an official ballot, or that it is an illegal
ballot, the ballot shall be designated 'void,' and placed in a sealed container marked
"VoidBallots."
2.10. Tabulating and Securing Ballots
Section A. Machine Counted Ballots
2.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate
from the ballot counting machine copies of the election totals from the votes cast.
2.10-2. At least six (6) Election Board members shall sign the election totals, which shall
include the tape signed by the Tribal members of the Nation before the polls were opened per
section 2.9-3(a).
Section B. Manually Counted Ballots
2.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the
ballot box and remove the ballots.
2.10-4. Ifthe ballots need to be counted at a location other than the polling site, the ballots shall
be secured in a sealed co
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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.