# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A5b219cef4c027814 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Page 15 of 278 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 Open Packet Page 16 of 278 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 3 of 16 Open Packet Page 17 of 278 DRAFT 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 4 of 16 Open Packet Page 18 of 278 DRAFT 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) Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 5 of 16 Open Packet Page 19 of 278 DRAFT 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. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 6 of 16 Open Packet Page 20 of 278 DRAFT 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 7 of 16 Open Packet Page 21 of 278 DRAFT 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. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 8 of 16 Open Packet Page 22 of 278 DRAFT 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. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 9 of 16 Open Packet Page 23 of 278 DRAFT 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. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 10 of 16 Open Packet Page 24 of 278 DRAFT 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) Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 11 of 16 Open Packet Page 25 of 278 DRAFT 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 12 of 16 Open Packet Page 26 of 278 DRAFT 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 Page 13 of 16 Open Packet Page 27 of 278 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 14 of 16 Open Packet Page 28 of 278 DRAFT 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 15 of 16 Open Packet Page 29 of 278 DRAFT 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 Oneida Business Committee Regular Meeting Minutes - DRAFT of October 12, 2016 Page 16 of 16 Open Packet Page 30 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: 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 Open Packet Page 31 of 278 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: • • • • 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. Open Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 32 of 278 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 Open Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Page 33 of 278 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. Open Packet Page 34 of 278 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: Open Packet • • • Page 35 of 278 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. Open Packet Page 36 of 278 Draft # 3 2016 10 20 1 2 3 Back Pay Amendments 4 5 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. 6 7 Overview 8 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 11 department if services were rendered during the back pay period and clarification of insurance 12 benefits. 13  Employees are responsible for providing Oneida Contract Health with reinstated 14 insurance information if services were rendered during the back pay period. 15  Detail regarding insurance benefits was clarified. 16 17 Proposed Amendments 18  The definition of back pay was changed to align with the current practice in calculating 19 back pay awards to compensate the employee [see 206.3-1(b)]. 20  The definition for punitive damages was added. “Punitive damages” means monetary 21 compensation awarded to an injured party that goes beyond that which is necessary to 22 compensate the individual for losses and that is intended to punish the other party [see 23 206.3-1(j)]. Punitive damages are not allowed under the current or proposed amendments 24 of the Back Pay law [see 206.4-2(a)]. Title Sponsor Page 1 of 2 Open Packet Page 37 of 278 Draft # 3 2016 10 20 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56         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. Page 2 of 2 Open Packet 1 2 3 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Page 38 of 278 Title 2. Employment – Chapter 206 BACK PAY Policy 4 5 6 7 8 Article I. Article II. Article III. Article IV. Article V. Purpose and Policy Adoption, Amendment, Appeal Definitions Back Pay Calculation Back Pay Process 9 10 11 12 13 14 206.1. 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 Open Packet 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Page 39 of 278 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 Open Packet 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Page 40 of 278 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 Open Packet 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 Page 41 of 278 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 Open Packet 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Page 42 of 278 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 Open Packet 1 2 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Page 43 of 278 Title 2. Employment – Chapter 206 BACK PAY 4 5 6 206.1. Purpose and Policy 206.2. Adoption, Amendment, Appeal 206.3. Definitions 7 8 9 206.4. 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 Open Packet 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Page 44 of 278 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 Open Packet 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Page 45 of 278 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. Open Packet 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 Page 46 of 278 (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 Open Packet 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 Page 47 of 278 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 Open Packet Page 48 of 278 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. Open Packet Page 49 of 278 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. Open Packet Page 50 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: 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. Page 1 of 2 Unbudgeted Open Packet Page 51 of 278 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. Open Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Page 52 of 278 Page 26 of 147 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. Open Packet Page 53 of 278 Page 27 of 147 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 Page 54 of 278 For OBC Consideration October 26, 2016 1 2 Election Law Amendments 3 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. 4 Overview 5 These proposed amendment [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A5b219cef4c027814. Public record. Not legal advice.