Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, November 24, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public;

this include OBC meetings. Any person who has comments or questions regarding open session

items may submit them via e-mail to the OBC at secretary@oneidanation.org no later than the

close of business the day before the OBC meeting. Any comments or questions received shall be

noticed to the OBC and entered into the record as a handout by the BC Support Office. The

meeting will also be conducted using Microsoft Teams, please contact the BC Support Office at

920-869-4364 for instructions on how to join virtually.

The decision to close Norbert Hill Center Administrative Offices to the public is due to both the

rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure

compliance with protocols relating to public access to the Oneida Nation High School.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

Oneida Trust Enrollment Committee - Geraldine Danforth

Sponsor: Lisa Liggins, Secretary

MINUTES

Approve the November 5, 2021, special Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the November 10, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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November 24, 2021

Public Packet

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RESOLUTIONS

Adopt the resolution entitled Emergency Amendments to the Oneida Personnel

Policies and Procedures - Selection Policy

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Oneida Nation American Rescue Plan Act of 2021 Bureau

of Indian Affairs Law Enforcement Special Initiatives Spending Plan

Sponsor: Brandon Stevens, Vice-Chairman

Adopt resolution entitled Oneida Nation American Rescue Plan Act of 2021 Bureau

of Indian Affairs Aid to Tribal Government Spending Plan

Sponsor: Jennifer Webster, Councilwoman

Adopt resolution entitled Oneida Comprehensive Health Division American Rescue

Plan Act of 2021 Indian Health Service Spending Plan

Sponsor: Jennifer Webster, Councilwoman

Adopt resolution entitled Amending the Approved Purposes provided in BC

resolution # 06-09-21-A Approval of Use of Economic Development, Diversification

and Community Development Fund for Transfer of $2.4 Million to the Oneida Land

Commission

Sponsor: Amy Spears, Strategic Planner

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until January 23, 2022

Sponsor: Tehassi Hill, Chairman

APPOINTMENTS

Determine next steps regarding three (3) vacancies - Oneida Land Claims

Commission

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding four (4) vacancies - Oneida Nation School Board

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding one (1) vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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November 24, 2021

Public Packet

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STANDING COMMITTEES

FINANCE COMMITTEE

Accept the November 1, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Accept the November 15, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

LEGISLATIVE OPERATING COMMITTEE

VIII.

STANDING ITEMS

IX.

Accept the November 3, 2021, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

ARPA FRF Updates and Requests/Proposals (none)

TRAVEL REQUESTS

Approve the travel request - Treasurer Tina Danforth - Native American Financial

Officers Association December Board Meeting - Phoenix, AZ - December 1-3, 2021

Sponsor: Tina Danforth, Treasurer

Enter the e-poll results into the record regarding the approved travel request for

Chairman Hill and Vice-Chairman Stevens to attend White House Staff meetings and

the Celebration of 2021 NBA Champion Milwaukee Bucks - Washington DC November 7-9, 2021

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS

Approve a limited waiver of sovereign immunity - Brown County Solid Waste

Management Services agreement - file # 2021-0762

Sponsor: Mark W. Powless, General Manager

Accept the FY-2022 workforce level report pursuant to resolution # BC-09-22-21-E

Sponsor: Todd VanDen Heuvel, Executive HR Director

Enter the e-poll results into the record regarding the authorization for the Chairman

to sign and submit the consultation letter to the U.S. Department of the Interior

relating to the Protection and Restoration of Tribal Homelands

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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November 24, 2021

Public Packet

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REPORTS (This section of the agenda is scheduled to being at 9:30 a.m.)

OPERATIONAL

Accept the Comprehensive Health Division FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Governmental Services Division FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Public Works Division FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Management Information Systems FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Tribal Action Plan FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Big Bear Media FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Education and Training FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Grants FY-2021 4th quarter report

Sponsor: Mark W. Powless, General Manager

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2021 4th

quarter report

Sponsor: Kristen Jorgenson-Dann, Chair/Anna John Resident Centered Care

Community Board

Accept the Oneida Nation Arts Board FY-2021 4th quarter report

Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board

Accept the Oneida Police Commission FY-2021 4th quarter report

Sponsor: Richard VanBoxtel, Chair/Oneida Police Commission

Oneida Business Committee

Regular Meeting Agenda

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ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Election Board FY-2021 4th quarter report

Sponsor: Pamela Nohr, Chair/Oneida Election Board

Accept the Oneida Gaming Commission FY-2021 4th quarter report

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Accept the Oneida Land Commission FY-2021 4th quarter report

Sponsor: Becky Webster, Chair/Oneida Land Commission

Oneida Nation School Board FY-2021 4th quarter report (not submitted)

Accept the Oneida Trust Enrollment Committee FY-2021 4th quarter report

Sponsor: Jennifer Webster, Councilwoman

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2021 4th quarter

report

Sponsor: Brandon Stevens, Vice-Chairman

Accept the Finance Committee FY-2021 4th quarter report

Sponsor: Tina Danforth, Treasurer

Accept the Legislative Operating Committee FY-2021 4th quarter report

Sponsor: David P. Jordan, Councilman

Accept the Quality of Life Committee FY-2021 4th quarter report

Sponsor: Marie Summers, Councilwoman

OTHER

XII.

Accept the Oneida Youth Leadership Institute Board FY-2021 4th quarter

report

Sponsor: Mark W. Powless, General Manager

GENERAL TRIBAL COUNCIL

Determine next steps regarding the January 9, 2022, tentatively scheduled annual

General Tribal Council meeting

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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EXECUTIVE SESSION

XIV.

REPORTS

Accept the October 2021 Treasurer's report (11:30 a.m.)

Sponsor: Tina Danforth, Treasurer

Accept the Joint Marketing FY-2021 4th quarter report

Sponsor: Debra Powless, Retail General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

October 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the General Manager report

Sponsor: Mark W. Powless, General Manager

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

NEW BUSINESS

Review application(s) for three (3) vacancies - Oneida Land Claims

Commission

Sponsor: Lisa Liggins, Secretary

Review application(s) for four (4) vacancies - Oneida Nation School Board

Sponsor: Lisa Liggins, Secretary

Review application(s) for one (1) vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: 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) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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November 24, 2021

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Oneida Trust Enrollment Committee - Geraldine Danforth

Business Committee Agenda Request

1. Meeting Date Requested:

11/24/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Oneida Nation

Business Committee Support Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

November 16, 2021

RE:

Oath of Office – Oneida Trust Enrollment Committee

Background

On October 27, 2021 the Oneida Business Committee appointed Geraldine Danforth to the

Oneida Trust Enrollment Committee.

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

Public Packet

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Approve the November 5, 2021, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

11/24/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

Public Packet

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DRAFT

Oneida Business Committee

Special Meeting

1:00 PM Friday, November 05, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens (via Microsoft Teams1), Secretary Lisa

Liggins, Council members: David P. Jordan (via Microsoft Teams), Kirby Metoxen (via Microsoft Teams),

Marie Summers, Jennifer Webster;

Not Present: Councilman Daniel Guzman King;

Arrived at: Treasurer Tina Danforth at 1:07 p.m.;

Others present: Jo Anne House, Larry Barton (via Microsoft Teams), Danelle Wilson (via Microsoft

Teams), Lisa Summers (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Amy Spears (via

Microsoft Teams);

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 1:03 p.m.

For the record: Councilman Daniel Guzman King is attending a meeting with the Alliance of the Great

Lakes.

II.

OPENING

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA

Motion by Jennifer Webster to adopt the agenda as presented, seconded by David P. Jordan. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers,

Jennifer Webster

Abstained:

Brandon Stevens

Not Present:

Tina Danforth, Daniel Guzman King

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Special Meeting Minutes

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DRAFT

IV.

GENERAL TRIBAL COUNCIL

Determine next steps regarding the November 15, 2021, tentatively scheduled

special General Tribal Council meeting (Remaining items from the 2020 annual

meeting, NDallas Petition, & Sustain Oneida)

Sponsor: Lisa Liggins, Secretary

Treasurer Tina Danforth arrived at 1:07 p.m.

Motion by Jennifer Webster to cancel the November 15, 2021, tentatively scheduled special General

Tribal Council meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens,

Jennifer Webster

Abstained:

Tina Danforth, Marie Summers

Not Present:

Daniel Guzman King

For the record: Treasurer Tina Danforth stated I think if we're going to continue to cancel meetings

that we have to, it's imperative that we find a virtual means to have a General Tribal Council [meeting].

I don't think it's fair to the membership or the organization to not have General Tribal Council meetings

to provide input from the community to keep them informed and to allow them to participate in

governance.

For the record: Councilman Kirby Metoxen stated I don't think the Business Committee's intent is to

not have General Tribal Council [meetings]. It's because of the data and the facts regarding the

COVID-19 status in in our area at very high. I believe we're all in the same boat, we all want to have

GTC meetings. I support if we can get something going virtually, do it, but technology is not my strong

point

Discuss feasibility of the tentatively scheduled GTC meetings for the remainder of

2021 and determine next steps

Sponsor: Lisa Liggins, Secretary and David P. Jordan, Councilman

Motion by Jennifer Webster to cancel the tentatively scheduled GTC meetings for the remainder of

2021 and works towards meeting off reservation at a larger venue for January [2022], seconded by

Marie Summers. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Opposed:

Kirby Metoxen

Abstained:

Tina Danforth

Not Present:

Daniel Guzman King

Oneida Business Committee

Special Meeting Minutes

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November 05, 2021

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DRAFT

ADJOURN

Motion by Marie Summers to adjourn at 1:32 a.m., seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Minutes prepared by Lisa Liggins, Secretary.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 3 of 3

November 05, 2021

Public Packet

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Approve the November 10, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

11/24/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

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DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, November 10, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers (via Microsoft Teams1);

Not Present: Secretary Lisa Liggins, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Mark W. Powless, Larry Barton, Kristen Hooker, Clorissa Santiago,

Brooke Doxtator, Danelle Wilson (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Lisa

Liggins (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Shane Archiquette (via Microsoft

Teams), Mike Debraska (via Microsoft Teams), Mary Graves (via Microsoft Teams), Rhiannon Metoxen

(via Microsoft Teams), Lori Hill (via Microsoft Teams), Carol Silva (via Microsoft Teams), Melanie Burkhart

(via Microsoft Teams), Jessica Vandekamp (via Microsoft Teams), Carmen Vanlanen (via Microsoft

Teams),Todd VanDen Heuvel (via Microsoft Teams), Debra Powless (via Microsoft Teams), Jeanette

Ninham (via Microsoft Teams), Aaron Manders (via Microsoft Teams), Sandra Skenadore (via Microsoft

Teams), Katsi Danforth (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Loucinda

Conway (via Microsoft Teams), Amy Spears (via Microsoft Teams), Justin Nishimoto (via Microsoft

Teams), Michelle Danforth-Anderson (via Microsoft Teams), Jacque Boyle (via Microsoft Teams), Nicole

Rommel (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Jason Doxtator (via Microsoft

Teams), Josephine Skenandore (via Microsoft Teams), Louise Cornelius (via Microsoft Teams), Krystal

John (via Microsoft Teams);

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.

For the record: Secretary Lisa Liggins is on approved travel to the 2021 TribalNet Conference and

Tradeshow in Grapevine, TX. Councilwoman Jennifer Webster is out sick.

II.

OPENING (00:00:11)

Opening provided Chairman Tehassi Hill.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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DRAFT

III.

ADOPT THE AGENDA (00:03:50)

Motion by Brandon Stevens to adopt the agenda with one (1) addition [add item IX.B. Approve the

travel request - Councilman Kirby Metoxen and Treasurer Tina Danforth - SEOTS Food Card

Distribution - Milwaukee, WI - November 17-20, 2021], seconded by Daniel Guzman King. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon

Stevens, Marie Summers

Abstained:

Kirby Metoxen

Not Present:

Lisa Liggins, Jennifer Webster

IV.

OATH OF OFFICE (00:05:09)

Oaths of office administered by Vice-Chairman Brandon Stevens. Aaron Manders, Jeanette Ninham,

and Sandra Skenadore were present via Microsoft Teams. Geraldine Danforth was not present.

Oneida Nation School Board - Aaron Manders

Sponsor: Lisa Liggins, Secretary

Oneida Police Commission - Jeanette Ninham

Sponsor: Lisa Liggins, Secretary

Oneida Trust Enrollment Committee - Geraldine Danforth and Sandra Skenadore

Sponsor: Lisa Liggins, Secretary

MINUTES

Approve the October 27, 2021, regular Business Committee meeting minutes

(00:08:08)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the October 27, 2021, regular Business Committee meeting

minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

VI.

RESOLUTIONS

Adopt resolution entitled Extension of the Emergency Amendments to the Oneida

Nation Gaming Ordinance (00:09:02)

Sponsor: David P. Jordan, Councilman

Treasurer Tina Danforth left at 8:51 a.m. for another appointment.

Motion by Marie Summers to adopt resolution 11-10-21-A Extension of the Emergency Amendments to

the Oneida Nation Gaming Ordinance, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Adopt resolution entitled Extension of the Emergency Amendments to the Budget

Management and Control Law (00:21:40)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 11-10-21-B Extension of the Emergency Amendments

to the Budget Management and Control Law, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Adopt resolution entitled CY 2022 County Tribal Law Enforcement Grant – Brown

County (00:26:17)

Sponsor: Rich Van Boxtel, Chair/Oneida Police Commission

Motion by David P. Jordan to adopt resolution 11-10-21-C CY 2022 County Tribal Law Enforcement

Grant – Brown County, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Adopt resolution entitled CY 2022 County Tribal Law Enforcement Grant –

Outagamie County (00:26:58)

Sponsor: Rich Van Boxtel, Chair/Oneida Police Commission

Motion by David P. Jordan to adopt resolution 11-10-21-D CY 2022 County Tribal Law Enforcement

Grant – Outagamie County, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Enter the e-poll results into the record regarding the adoption of resolution # BC11-01-21-A Obligation for Adolescent Wellness Treatment Center Tribal

Partnership, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds

Lost Revenue (00:27:26)

Sponsor: Lisa Liggins, Secretary

Motion by Daniel Guzman King to enter the e-poll results into the record regarding the adoption of

resolution # BC-11-01-21-A Obligation for Adolescent Wellness Treatment Center Tribal Partnership,

Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost Revenue, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

VII.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the September 2, 2021, regular Community Development Planning

Committee meeting minutes (00:31:59)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to accept the September 2, 2021, regular Community Development

Planning Committee meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

LEGISLATIVE OPERATING COMMITTEE

Accept the October 20, 2021, regular Legislative Operating Committee meeting

minutes (00:32:27)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the October 20, 2021, regular Legislative Operating Committee

meeting minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

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DRAFT

QUALITY OF LIFE COMMITTEE

Accept the September 16, 2021, regular Quality of Life Committee meeting

minutes (00:33:00)

Sponsor: Marie Summers, Councilwoman

Motion by David P. Jordan to accept the September 16, 2021, regular Quality of Life Committee

meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

VIII.

STANDING ITEMS

ARPA FRF Updates and Requests/Proposals

Adopt resolution entitled Obligation for Government Infrastructure, American

Rescue Plan Act of 2021 Fiscal Recover Funds Lost Revenue (00:33:37)

Sponsor: Lisa Liggins, Secretary

Motion by Brandon Stevens to adopt resolution 11-10-21-E Obligation for Government Infrastructure,

American Rescue Plan Act of 2021 Fiscal Recover Funds Lost Revenue, seconded by David P.

Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

IX.

TRAVEL REQUESTS

Approve the travel request - Vice-Chairman Brandon Stevens - National Indian

Gaming Association Mid-Year Conference - Temecula, CA - November 14-17, 2021

(00:41:54)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel request for Vice-Chairman Brandon Stevens to attend

the National Indian Gaming Association Mid-Year Conference in Temecula, CA - November 14-17,

2021, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie

Summers

Abstained:

Brandon Stevens

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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November 10, 2021

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DRAFT

Approve the travel request - Councilman Kirby Metoxen and Treasurer Tina

Danforth - SEOTS Food Card Distribution - Milwaukee, WI - November 17-20, 2021

(00:43:14)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen and Treasurer

Tina Danforth to attend the SEOTS Food Card Distribution in Milwaukee, WI - November 17-20, 2021,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

NEW BUSINESS

Approve three (3) actions regarding the 2022 schedule (00:44:54)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to approve the 2022 OBC Meeting Schedule pursuant to section 117.6-1.,

to approve the 2022 Reporting Schedule pursuant to section 117.6-2., and to accept the 2022

Standing Meeting Schedule as information, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Schedule a special Business Committee on December 17, 2021, at 9:00 a.m. for the

Year End Financial Statements (00:47:53)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to schedule a special Business Committee on December 17, 2021, at 9:00

a.m. for the Year End Financial Statements, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Review the Sportsbook Rules of Play and determine appropriate next steps

(00:48:13)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Brandon Stevens to accept the notice of the Sportsbook Rules of Play approved by the

Oneida Gaming Commission on November 2, 2021, and direct notice to the Oneida Gaming

Commission there are no requested revisions under section 501.6-14(d), seconded by Daniel Guzman

King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

Oneida Business Committee

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DRAFT

XI.

EXECUTIVE SESSION (00:49:22)

Motion by Daniel Guzman King to go into executive session at 9:20 a.m., seconded by Marie

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Tina Danforth, Lisa Liggins, Jennifer Webster

The Oneida Business Committee, by consensus recessed at 9:20 a.m. for 10 minutes.

Meeting called to order by Chairman Tehassi Hill at 9:28 a.m.

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Marie Summers;

Not Present: Treasurer Tina Danforth; Secretary Lisa Liggins; Councilwoman Jennifer Webster;

Councilman Daniel Guzman King left at 9:28 a.m.

Councilman Daniel Guzman King returned at 9:31 a.m.

Treasurer Tina Danforth returned at 10:00 a.m.

Councilman Kirby Metoxen left at 10:19 a.m.

Councilman Kirby Metoxen returned at 10:21 a.m.

Chairman Tehassi Hill left at 10:23 a.m.

Chairman Tehassi Hill returned at 10:25 a.m.

The Oneida Business Committee, by consensus recessed at 11:00 a.m. until 11:10 p.m.

Meeting called to order by Chairman Tehassi Hill at 11:10 a.m.

Roll call for the record:

Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;

Councilman David P. Jordan; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens;

Councilwoman Marie Summers;

Not Present: Secretary Lisa Liggins; Councilwoman Jennifer Webster;

Oneida Business Committee

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DRAFT

The Oneida Business Committee, by consensus recessed at 12:00 p.m. until 1:30 p.m.

Meeting called to order by Chairman Tehassi Hill at 1:30 a.m.

Roll call for the record:

Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;

Councilman David P. Jordan; Vice-Chairman Brandon Stevens; Councilwoman Marie Summers;

Not Present: Secretary Lisa Liggins; Councilman Kirby Metoxen; Councilwoman Jennifer Webster;

Vice-Chairman Brandon Stevens left 1:31 p.m.

Councilman Kirby Metoxen returned at 1:32 p.m.

Treasurer Tina Danforth left 1:32 p.m.

Vice-Chairman Brandon Stevens returned 1:32 a.m.

Treasurer Tina Danforth returned 1:34 p.m.

Vice-Chairman Brandon Stevens left 1:46 p.m.

Councilman Kirby Metoxen left 1:49 p.m.

Vice-Chairman Brandon Stevens returned 1:51 p.m.

Councilman Kirby Metoxen returned 1:52 p.m.

Councilman Kirby Metoxen left 2:25 p.m.

Councilman Kirby Metoxen returned 2:36 p.m.

Motion by David P. Jordan to come out of executive session at 2:38 p.m., seconded by Marie

Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

REPORTS

Accept the Retail General Manager FY-2021 4th quarter report (00:50:12)

Sponsor: Debra Powless, Retail General Manager

Motion by Daniel Guzman King to accept the Retail General Manager FY-2021 4th quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

Accept the Human Resources FY-2021 4th quarter report (00:50:29)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Motion by Marie Summers to accept the Human Resources FY-2021 4th quarter report, seconded by

Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Emergency Management FY-2021 4th quarter report (00:50:49)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by David P. Jordan to accept the Emergency Management FY-2021 4th quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the preliminary September 2021 Treasurer's report (00:50:57)

Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the preliminary September 2021 Treasurer's report, seconded by

Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Joint Marketing FY-21 4th quarter report (not submitted) (00:51:13)

Motion by Marie Summers to note for the record that the Joint Marketing Report was not submitted and

request Secretary to direct the Joint Marketing team to be at the November 16, 2021, Business

Committee work session to discuss reporting and continued need for this entity, seconded by David P.

Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Gaming General Manager FY-21 4th quarter report (00:51:37)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by David P. Jordan to accept the Gaming General Manager FY-21 4th quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

Accept the November 2021 Sports Wagering implementation update (00:51:52)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Marie Summers to accept the November 2021 Sports Wagering implementation update,

seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Chief Counsel report (00:52:08)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by Marie Summers. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the General Manager report (00:52:23)

Sponsor: Mark W. Powless, General Manager

Motion by Kirby Metoxen to accept the General Manager report, seconded by Marie Summers. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

AUDIT COMMITTEE

Accept the September 16, 2021, regular Audit Committee meeting minutes

(00:52:36)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the September 16, 2021, regular Audit Committee meeting

minutes, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality

requirement (00:52:48)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality

requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

Accept the Drop and Count compliance audit and lift the confidentiality

requirement (00:53:04)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Drop and Count compliance audit and lift the confidentiality

requirement, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Table Games compliance audit and lift the confidentiality

requirement (00:53:18)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Table Games compliance audit and lift the confidentiality

requirement, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Title 31 compliance audit and lift the confidentiality requirement

(00:53:29)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Title 31 compliance audit and lift the confidentiality

requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Card Games/Poker Rules of Play compliance audit and lift the

confidentiality requirement (00:53:42)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Card Games/Poker Rules of Play compliance audit and lift the

confidentiality requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Craps Rules of Play compliance audit and lift the confidentiality

requirement (00:53:59)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Craps Rules of Play compliance audit and lift the

confidentiality requirement, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

Accept the Child Support performance assurance audit and lift the

confidentiality requirement (00:54:12)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Child Support performance assurance audit and lift the

confidentiality requirement, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Accept the Legislative Operating Committee performance assurance audit and

lift the confidentiality requirement (00:54:27)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Legislative Operating Committee performance assurance

audit and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

NEW BUSINESS

Accept two (2) draft Security Department standard operating procedures as

information (00:54:44)

Sponsor: Katsi Danforth, Security Director

Motion by David P. Jordan to delete this item from the agenda, seconded by Daniel Guzman King.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Approve three (3) actions regarding 2021 Annual Project/Goal #3 for BCDR10

(00:54:58)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Marie Summers to approve the limited waiver of sovereign immunity for file #2021-0494, to

approve the final offer to purchase, and to authorize the Chairman to sign, seconded by David P.

Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

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DRAFT

Approve a limited waiver of sovereign immunity - Brown Advisory LLC

Investment Advisory Agreement - file # 2021-0690 (00:55:16)

Sponsor: Jennifer Webster, Councilwoman

Motion by Marie Summers to approve a limited waiver of sovereign immunity - Brown Advisory LLC

Investment Advisory Agreement - file # 2021-0690, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Approve the revised addendum A for DR09 employment contract - file # 20210563 (00:55:36)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Marie Summers to accept DR09 employment contract - file # 2021-0563 as information and

request Employee Relations Representative to schedule a separate meeting to discuss with Executive

Human Resources Director, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

XII.

ADJOURN (00:56:01)

Motion by Daniel Guzman King to adjourn at 2:44 p.m., seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Lisa Liggins, Jennifer Webster

Minutes prepared by Lisa Liggins, Secretary.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 13

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Oneida Business Committee Agenda Request

Adopt the resolution entitled Emergency Amendments to the Oneida Personnel Policies and Procedures 1. Meeting Date Requested:

11 / 24 / 21

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:

Adopt the resolution entitled, Emergency Amendments to the Oneida Personnel Policies and Procedures Selection Policy

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Emergency Adoption Memo

3. Legislative Analysis

2. Statement of Effect

4. Drafts (Redline & Clean)

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Oneida Personnel Policies and Procedures – Selection Policy

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Personnel Policies and Procedures (“the Law”) sets forth the Nation’s various

employment related policies and procedures; and

WHEREAS,

Section III of the Oneida Personnel Policies and Procedures specifically governs the hiring

selection policy for employment with the Nation; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, and set into place the necessary authority for action to be

taken and allows the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended by the Oneida

Business Committee until November 25, 2021, through the adoption of the following

resolutions: BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-0620-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A,

BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, and

BC-09-22-21-A; and

WHEREAS,

the COVID-19 pandemic interrupted many business operations and had vast effects on

employment throughout the country; and

WHEREAS,

emergency amendments to the Law are being sought to improve the Nation’s hiring

capacity and service delivery in the tight labor markets that have resulted from the COVID19 pandemic; and

WHEREAS,

the emergency amendments to the Law will require that all applications for employment

with the Nation be submitted online; and

WHEREAS,

the emergency amendments to the Law will eliminate the requirement that a position

vacancy be posted twice with the first posting open to enrolled members of the Nation only

and the second posting open to the general public; and

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BC Resolution _____________

Emergency Amendments to the Oneida Personnel Policies and Procedures – Selection Policy

Page 2 of 2

WHEREAS,

the emergency amendments to the Law will require that applicants who are enrolled

members of the Oneida Nation be screened and interviewed prior to any other applicants;

and

WHEREAS,

the emergency amendments to the Law will allow for a supervisor to choose between the

next two (2) ranked applicants if the first choice refuses the position offer; and

WHEREAS,

the emergency amendments to the Law will require an employee who is transferred to

continue serving in their present position until a replacement can be found, for a period up

to thirty (30) days; and

WHEREAS,

the emergency amendments to the Law will remove the requirement that an employee

completes one (1) year of service to the Nation before being eligible for a transfer; and

WHEREAS,

the emergency amendments to the Law will clarify that an employee shall be required to

undergo an original probation period for three (3) months after being hired, transferred, or

reassigned to a new position; and

WHEREAS,

the emergency amendments to the Law will remove the provision that provided

probationary employees be paid at five percent (5%) below the posted pay rate for the

position; and

WHEREAS,

the emergency amendments to the Law will make other revisions throughout Section III of

the Law to simplify and clarify language to make the hiring selection process more efficient;

and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis when legislation is necessary for the immediate

preservation of the public health, safety, or general welfare of the Reservation population,

and the adoption of the legislation is required sooner than would be possible under the

Legislative Procedures Act; and

WHEREAS,

the emergency adoption of amendments to this Law are necessary for the preservation of

the general welfare of the Reservation population in order to simplify the Nation’s hiring

selection procedures so they are more effective so that the Nation can improve its hiring

capacity and service delivery during increasingly tight labor markets that have resulted

from the COVID-19 pandemic; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest and the process

and requirements of the Legislative Procedures Act cannot be completed in time to allow

the Nation the ability to adequately address its hiring selection procedures in the tight labor

markets resulting from the COVID-19 pandemic; and

WHEREAS,

adoption of emergency amendments to this Law would remain in effect for a period of six

(6) months, renewable by the Oneida Business Committee for an additional six (6) month

term; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

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

amendments to the Oneida Personnel Policies and Procedures effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Oneida Personnel Policies and Procedures – Selection Policy

Summary

This resolution adopts emergency amendments to the Oneida Personnel Policies and Procedures.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: November 10, 2021

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Oneida Personnel Policies and Procedures

(“the Law”). The Law sets forth the Nation’s various employment related policies and procedures,

with Section III specifically governing the hiring selection policy or employment with the Nation.

The emergency amendments to the Law will:

 Require that all applications for employment with the Nation be submitted online;

 Eliminate the requirement that a position vacancy be posted twice with the first posting

open to enrolled members of the Nation only and the second posting open to the general

public;

 Require that applicants who are enrolled members of the Oneida Nation be screened and

interviewed prior to any other applicants;

 Allow for a supervisor to choose between the next two (2) ranked applicants if the first

choice refuses the position offer;

 Require an employee who is transferred to continue serving in their present position until

a replacement can be found, for a period up to thirty (30) days;

 Remove the requirement that an employee completes one (1) year of service to the Nation

before being eligible for a transfer;

 Clarify that an employee shall be required to undergo an original probation period for three

(3) months after being hired, transferred, or reassigned to a new position;

 Remove the provision that provided probationary employees be paid at five percent (5%)

below the posted pay rate for the position; and

 Make other revisions throughout Section III of the Oneida Personnel Policies and

Procedures to simplify and clarify language to make the hiring selection process more

efficient.

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

necessary for the immediate preservation of the public health, safety or general welfare of the

Reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].

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On March 12, 2020, in accordance with the Emergency Management law, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The

Oneida Business Committee has extended this Public Health State of Emergency until November

25, 2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-0623-21-B, BC-07-28-21-N, and BC-09-22-21-A. [3 O.C. 302.8-2]. The COVID-19 pandemic

interrupted many business operations and had vast effects on employment throughout the country.

The resolution provides that the emergency amendments to this Law are necessary for the

preservation of the general welfare of the Reservation population in order to simplify and clarify

the Nation’s hiring selection procedures so they are more effective so that the Nation can improve

its hiring capacity and service delivery during increasingly tight labor markets that have resulted

from the COVID-19 pandemic.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of this Law would be contrary to public interest and the process and requirements of the

LPA cannot be completed in time to allow the Nation the ability to adequately address its hiring

selection procedures in the tight labor markets resulting from the COVID-19 pandemic.

The adoption of emergency amendments to this Law will take effect immediately upon adoption

by the Oneida Business Committee. The emergency amendments to the Law will remain effective

for six (6) months. The LPA provides the possibility to extend the emergency amendments for an

additional six (6) months, or until the emergency amendments expire or are permanently adopted.

[1 O.C. 109.9-5(b)].

Conclusion

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

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Analysis to Emergency Draft 1

2021 11 24

EMERGENCY AMENDMENTS TO

ONEIDA PERSONNEL POLICIES

AND PROCEDURES

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

Analysis by the Legislative Reference Office

 Update the Nation’s Personnel Policies and Procedures using current

interpretations, language, and technology to minimize the time to hire

employees from post to hire in a tight labor market;

 Remove language stating that knowledge of Oneida culture can be

attained only by membership (or eligibility for membership) in the

Oneida Nation;

 Add language to state that the Personnel Commission is directed to

comply with the Oneida Personnel Commission Bylaws;

 Update the applications policy to require all applications for employment

vacancies to be submitted online;

 Change the guidelines for advertising position vacancies to require one

posting for position vacancies open to both enrolled Oneida members and

the general public;

 Add guidelines for screening to require applicants who are enrolled

members of the Oneida Nation to be screened and interviewed prior to

any other applicants;

 Include a definition for “conflict of interest”;

 Add language to clarify that no applicant interview shall take place

without an HRD Representative present;

 Revise the selection policy to provide the supervisor with the next two (2)

ranked candidates should the supervisor’s first choice refuse the offer;

 Revise the selection policy to remove requirement of offering chosen

candidates the position within five (5) days;

 Remove the section regarding bidding for internal job postings; and

 Remove the wage deduction for probationary employees.

To provide for the Nation’s employee related policies and procedures

including recruitment, selection, compensation and benefits, employee

relations, safety and health, program and enterprise rules and regulations, and

record keeping.

Oneida Nation employees

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Emergency legislation expires six (6) months after adoption and may be

renewed for an additional six (6) month period.

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Personnel Policies and Procedures provides the Nation’s employee related

policies and procedures including recruitment, selection, compensation and benefits, employee

relations, safety and health, program and enterprise rules and regulations, and record keeping.

B. Request for Emergency Amendments. On August 18, 2021, the Legislative Operating Committee

considered a request for amendments to the Oneida Personnel Policies and Procedures from the Human

Resources Department to address the selection policy in an effort to update the Personnel Policies &

Procedures using current interpretations, language and technology to improve minimize the time to hire

employees from post to hire in a tight labor market. The Legislative Operating Committee determined

these amendments should be pursued on an emergency basis for the immediate preservation of the

general welfare of the Reservation population.

SECTION 3. CONSULTATION AND OUTREACH



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

and legislative analysis:

 Human Resources Department

The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

 9/13/21 – LOC work meeting with the Human Resources Department

 9/15/21 – LOC work meeting

 10/12/21 – LOC work meeting with the Human Resources Department

 10/18/21 – LOC work meeting with the Human Resources Department

 10/21/21 – Work meeting with representatives from the LRO and Human Resources

Department

 10/25/21 – LOC work meeting with the Human Resources Department

 11/4/21 – LOC work meeting with the officers of the Oneida Business Committee and the

Human Resources Department

 11/9/21 – LOC work meeting

SECTION 4. PROCESS

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency law where legislation is necessary for the immediate preservation of

public health, safety, or general welfare of the Reservation population and enactment or amendment of

legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].

 The emergency adoption of amendments to this Law are necessary for the preservation of the

general welfare of the Reservation population in order to simplify the Nation’s hiring selection

procedures so they are more effective so that the Nation can improve its hiring capacity and service

delivery during increasingly tight labor markets that have resulted from the COVID-19 pandemic.

 Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest and the process and

requirements of the Legislative Procedures Act cannot be completed in time to allow the Nation

the ability to adequately address its hiring selection procedures in the tight labor markets resulting

from the COVID-19 pandemic.

B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

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C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of this Law.

D. On August 18, 2021, the Legislative Operating Committee considered a request for amendments to the

Oneida Personnel Policies and Procedures from the Human Resources Department to address the

selection policy in an effort to update the Personnel Policies and Procedures using current

interpretations, language and technology to improve minimize the time to hire employees from post to

hire in a tight labor market.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Oneida Preference and Indian Preference Statement of Policy. The proposed amendments alter the

language of the Oneida Preference and Indian Preference Statement of Policy to state that a highly

desirable employment characteristic is knowledge of Oneida culture [Section III(A)]. Previously, this

section stated that knowledge of Oneida culture can be attained only by membership (or eligibility for

membership) in the Oneida Nation [Section III(A)].

 Effect: Language stating that knowledge of Oneida culture can only be attained by membership

(or eligibility for membership) is removed due to the belief that knowledge of the Oneida culture

may be attained in other ways.

B. Hiring Guidelines. The proposed emergency amendments add language to state that the Personnel

Commission is directed to comply with the Oneida Personnel Commission Bylaws [Section

III(B)(2)(b)(1)(a)(iii)].

 Effect: The Personnel Commission will comply with the Oneida Personnel Commission Bylaws

to represent the Oneida Community-at-large in the selection of employees of the Nation.

C. Applications. The proposed emergency amendments update the policy for applications to require all

applications to be submitted online [Section III(B)(3)(d)(2)]. Previously, hand-delivered applications

were accepted at the HRD Office until 4:30 p.m. on the deadline date [Section III(B)(3)(d)(2)].

 Effect: Applications for employment vacancies will only be accepted online in order to minimize

the time to hire employees from post to hire in a tight labor market.

D. Advertising. The proposed emergency amendments change the guidelines for advertising position

vacancies so that there is one posting for position vacancies open to both enrolled Oneida members

and the general public [Section III(B)(2)(e)(2)]. Previously, there were two separate postings; the first

post was limited to enrolled Oneida members and was required to be posted for a minimum of seven

(7) calendar days, and the second post was open to the general public and was required to be posted

for a minimum of ten (10) days [Section III(B)(2)(e)].

 Effect. Only one (1) posting for tribal members and the general public will be required for

position vacancies, unless the position is required to be filled by an enrolled member of the

Oneida Nation. This will reduce the time that position vacancies are required to be posted, thus

minimizing the time to hire employees from post to hire in a tight labor market. Position

vacancies will now be posted for a minimum of seven (7) calendar days to the general public,

rather than seven (7) calendar days for enrolled Oneida members and an additional ten (10)

calendar days for the general public.

E. Screening. The proposed emergency amendments add guidelines for screening so that applicants who

are enrolled members of the Oneida Nation shall be screened and interviewed prior to any other

applicants. If the screening and interviewing of the applicants who are enrolled members of the

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Oneida Nation did not result in the position vacancy being filled, then all other applicants may be

screened and interviewed [Section III(B)(2)(f)(1)].

 Effect. Applicants who are enrolled members of the Oneida Nation will be given priority over the

general public to be screened and interviewed for vacant positions.

F. Definition for “Conflict of Interest”. The proposed emergency amendments include a definition for

“conflict of interest”, as defined in the Conflict of Interest law. Conflict of interest is defined as: a) Any

interest, real or apparent, whether it be personal, financial, political, or otherwise, held by an elected

official, officer, political appointee, employee, consultant, or appointed or elected member. b)

Immediate family members, friends or associates, or any other person with whom they have contact,

that conflicts with any right of the Nation to property, information. c) Any other right to own and

operate activities free from undisclosed competition or other violation of such rights of the Nation. d)

This is not an all-inclusive list [Section III(B)(2)(f)(3)].

 Effect. The definition for “conflict of interest” is added, as defined in the Conflict of Interest Law.

G. Applicant Interviews. The proposed emergency amendments add language to state that no interview

shall take place without an HRD Representative present [Section III(B)(2)(g)(2)].

 Effect. Interviews will not take place without an HRD Representative present to ensure all

procedures are followed.

H. Selection. The proposed emergency amendments change the language of the selection policy to state

that the HRD Office will notify and offer the position to the selected candidate, and should the

supervisor’s first choice refuse the offer, the HRD Office will provide the supervisor with the next two

ranked candidates to choose from [Section III(B)(h)(1)(c)]. The proposed emergency amendments also

remove the requirement to list all newly hired employees in the HR newsletter. Previously, the policy

stated that the HRD Office will notify the selected candidate and offer the candidate the job within five

(5) working days of the selection decision by the supervisor, and should the supervisor’s first choice

refuse the office, the HRD Office will offer the job to the second ranked candidate [Section

III(B)(h)(1)(c)]. All newly hired employees were listed in the HR newsletter [Section III(B)(h)(4)].

 Effect. The HRD Office will not be required to offer the chosen candidate the job within five (5)

working days of the selection decision by the supervisor. Should the supervisor’s first choice refuse

the offer, the HRD Office will provide the supervisor with the next two ranked candidates rather

than automatically offering the job to the second ranked candidate.

I. Bidding. The proposed emergency amendments remove the section regarding bidding for internal job

postings. Previously, Oneida Nation employees could bid for transfers by notifying their immediate

supervisor and submitting an Application Form to the HRD Office [Section III(C)(a)(3)].

 Effect. Employees will not be able to bid for transfers.

J. Interim Position Reassignments. The proposed emergency amendments add a section regarding

interim position reassignments. Interim position reassignments may be processed to fill a position in

which the previous employee is in the appeals process, on a leave of absence, or for a vacant position

[Section III(C)(2)(c)(1)].

 Effect: Supervisors may fill vacant positions through interim position reassignments.

K. Status as a Probationary Employee. The proposed emergency amendments eliminate the wage

deduction for probationary employees. The proposed amendments also eliminate the section stating

that employees who are terminated during the probation period will receive credit for accrued

vacation/personal days in their final paycheck. Previously, employees were paid at five percent (5%)

below the posted pay rate for the position during their probationary period [Section III(D)(b)(a)]. New

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employees hired under a negotiated salary received a salary one step below the agreed upon salary

during the probationary period [Section III(D)(b)(a)(1]. Employees who were terminated during their

probationary period received credit for accrued vacation/personal days during their final paycheck

[Section III(D)(3)(b)].

 Effect. Employees will receive their full wage during their probationary period. Employees that

are terminated during their probationary period will not receive credit for accrued

vacation/personal days in their final paycheck.

L. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the

Personnel Policies and Procedures including the following:

 References to “American Indian Nation” were changed to “federally recognized tribe”;

 The section on conflict of interest and nepotism was moved to later in the document;

 Some references to the “HRD Manager” were changed to “HR Representative”;

 Internal HR information that was not needed for an employee manual was removed;

 Some references to “will” were changed to “shall”;

 A reference to “tribal employees’ were changed to “employees of the Nation”;

 Inquiries to job applications were updated so that they would be responded to with an application

and/or resume rather than an application form;

 The section on advertising was reformatted;

 Some references to “candidates” were changed to “applicants”; and

 References to “transferred or promoted” were changed to “job reassigned”.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

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the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of these proposed emergency amendments would conform with the

requirements of the Legislative Procedures Act.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the

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Oneida Personnel Policies and Procedures will expire six (6) months after adoption. The emergency

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legislation may be renewed for an additional six (6) month period.

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 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

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amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

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this Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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ONEIDA NATION

PERSONNEL POLICIES AND PROCEDURES MANUAL

Table of Contents (Last update 12/06/19)__/__/__)

SECTION I INTRODUCTION ................................................................................................................... 2

SECTION II ‐ RECRUITING ...................................................................................................................... 3

SECTION III – SELECTION POLICY........................................................................................................... 6

SECTION IV – COMPENSATION AND BENEFITS .................................................................................... 13

SECTION V – EMPLOYEE RELATIONS ................................................................................................... 19

SECTION VI – SAFETY AND HEALTH..................................................................................................... 28

SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS .......................................................... 29

SECTION VIII ‐ RECORDKEEPING ......................................................................................................... 30

SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS ............................................. 31

Personnel Policies and Procedures

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SECTION I – INTRODUCTION

Welcome to the Oneida Nation. We are pleased to have you join us as a partner on a team of

individuals dedicated to providing quality service that enhances the quality of life of the Oneida

community. The role you play in your position is important to the overall effort required by your

department to meet the goals and objectives of the Oneida Nation. We encourage you to take

advantage of the opportunities presented to you, as an employee, to grow and develop both

personally and professionally.

The purpose of this "Employee Manual" is to provide you with a ready source of information about

employee related Oneida Nation policies and procedures. Although we have tried to make this

manual as comprehensive as possible; it does not, and cannot, include policies which address

every situation that may arise. The Oneida Nation reserves the right to modify, alter, change or

cancel existing policies and procedures or adopt new procedures and policies at any time.

The policies and procedures set forth in this manual apply to all employees. As an employee of the

Oneida Nation, you are required to know and abide by these policies and procedures. Oneida

Nation departments may have specific and additional procedures enhancing the general policies

stated in this manual. Each employee is expected to learn his/her department’s procedures and

comply with them. In the event of any conflict between policies in this manual and departmental

procedure, the policies in this manual supersede. Each employee is also expected to conform to

the professional standards of his/her occupation. Questions regarding this manual, or any

employee related policies, should be directed to your supervisor, department head, or to the

Human Resources Department at (920) 496-7900.

The Oneida Nation is proud to have you on our staff and we look forward to a fulfilling and

successful team relationship.

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SECTION II - RECRUITING

A. RECRUITING

1. Recruiting Strategy

a. The Oneida Nation shall implement a Recruiting Strategy to increase the potential for

hiring the best-qualified and most capable employees possible.

1) The Recruiting Strategy shall target, as the first priority, applicants in accordance

with the Oneida and Indian Preference Policy.

2) The Recruiting Strategy shall have a nationwide focus and will use:

a) The Kalihwisaks (national distribution);

b) The Oneida Higher Education Office's network of post-secondary school

students;

c) Local and regional media and public employment agencies.

2. Applicant Pool

a. The Oneida Nation shall establish and maintain an Applicant Pool consisting of

individuals who have expressed an interest in working for the Oneida Nation.

1) The Applicant Pool will consist of files containing:

a) An Oneida Nation Application Form;

b) A summary of career goals and job preferences.

2) The Applicant Pool will be regularly reviewed to:

a) Update individual files:

b) Remove files where indicated.

3) The Applicant Pool will be cross-referenced by job preferences.

a) Notices of job vacancies and an Application Form will be sent to all Applicant

Pool members as appropriate.

4) All Applicant Pool members shall have the right to review and update their file

upon request.

5) Applicant Pool members shall be apprised of the Nation's Indian Preference

Policy.

B. LABOR POOLS

1. Supervisors that wish to establish a job classification as a Labor Pool Position will work

with the HRD to establish the job classification.

2. Each Labor Pool Position shall be advertised as on-going recruitment pool. The HRD shall

maintain an updated list of qualified candidates for each Labor Pool Position.

3. The HRD will accept all job applications and verify that each applicant is qualified

according to the established job description. All qualified applicants will then be placed

in a pool according to the Nation's Oneida and Indian Preference Policy and the date the

application was received. All applicants will be notified of acceptance into or rejection

from the pool.

a. PRESCREENING OF LABOR POOL POSITIONS (HR Interpretation 11-13-12) Applicants who

were previously employed by the Oneida Nation and were terminated for reasons of

misconduct or performance issues will be screened out for a period of twelve (12)

months following the date of discharge.

4. The HRD will keep an updated list of qualified applicants for each job position.

5. When a vacancy occurs in a Labor Pool Position, the supervisor will notify the HRD of the

position to be filled. The HRD Office shall then refer the top three (3) applicants to the

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immediate supervisor. The top three applicants shall be based first on the Oneida and

Indian Preference Policy and, second, the date an application was received. The

immediate supervisor will notify the HRD of their selection and the HRD will then offer

the position to the applicant. After the position is filled, all ranked candidates will move

up on the list. (HR Interpretation 7-11-13)

6. If the applicant refuses the position, the HRD Office will then offer it to the next applicant

until the position is filled.

7. If the applicant refuses the job, the applicant may withdraw from the Labor Pool or, if he

or she declines to withdraw from the Labor Pool, the date of refusal will be considered

the date the application was received and the applicant will be placed in the Labor Pool

list according to B.3.

8. Indian (Oneida) Preference will be adhered to in all hiring decisions.

C. EMERGENCY/TEMPORARY POSITIONS

1. The HRD will periodically recruit individuals who are interested in filling temporary

positions which consist of the following classifications:

a. Emergency/Temp

b. Limited Term

c. Seasonal

d. Substitute/Relief

e. Youth Worker

f. Student/Intern

2. Creation of Positions

a. Creation of positions in the above Temporary Employee Classifications will require

that these positions be budgeted for the current fiscal year, or proof through

documentation that the budget is adequate to incorporate these positions.

b. The positions must be developed in conjunction with the HRD; assuring that all

Policies and Procedures are adhered to. Creation of temporary classification requires

the approval of the Director, Area Manager, and HRD Manager, or elected official of

the Oneida Nation.

c. All newly created temporary positions must be processed through the Wage and

Salary system before a position can be filled with a temporary employee.

3. Recruitment/Selection

a. Recruitment/selection of applicants for all temporary positions requires a completed

Temporary Personnel Requisition form with an updated job description attached.

b. The HRD will provide a list of qualified candidates according to the job descriptions

to the immediate supervisor. The immediate supervisor will select from the approved

list adhering to Indian Preference.

c. The HRD will contact the selected candidate and offer the position, following the

proper procedures to put the incumbent on payroll.

d. The selected candidate will sign a statement accepting conditions of temporary

employment, and length of employment where applicable.

e. Temporary employees will be paid within the Grade in which the job is classified and

salary will be negotiated within the first three (3) steps of respective grade.

1) Any negotiated salary beyond step three will require written justification and

approval from the respective General Manager. (H.R. Interpretation, 12-8-16)

f. Temporary employees are welcome to apply for any regular position within the

Nation that becomes available during the term of their employment.

g. Temporary employees that are terminated due to documented cause will have the

right to the appeal process as outlined in the Personnel Policies and Procedures.

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h. All temporary employees are subject to lay-off based upon department job needs

and budgets. (HR Interpretation – 11-25-13)

i. Supervisors are required to do proficient planning within their respective span of

control; as such they must also enforce separation dates and will be monitored by

HRD for compliance.

j. Supervisors must select the most appropriate category of classification for the job.

1) Moving from one classification to another is prohibited.

4. Benefits

a. The following employee classifications will be eligible for benefits as defined in the

section of the Personnel Policies and Procedures as medical, dental, vacation and

personal accrual, holiday pay, premium pay.

1) Limited Term

2) Seasonal

b. The following employee classifications will be eligible for benefits as defined in this

section of the Personnel Policies and Procedures as Mandatory Benefits and Holiday

pay.

1) Emergency/Temporary

2) Substitute/Relief

3) Seasonal Worker (only during their first season)

c. The following employee classifications will be eligible for benefits as defined in this

section of the Personnel Policies and Procedures as Mandatory Benefits.

1) Youth Worker

2) Student/Intern

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SECTION III – SELECTION POLICY

A. ONEIDA PREFERENCE AND INDIAN PREFERENCE STATEMENT OF POLICY

Federal policy since 1834 accords hiring preference to Indians. The purpose of this

preference is threefold: 1) to give Indians a greater participation in self-government; 2)

to further the Government's trust obligation; and 3) to increase the positive effect of

having Indians administer matters that affect Indian tribal life. (GTC Resolution – 5-23-11-A)

More recently, legislation such as the Civil Rights Act (1964) and the Education

Amendments of 1972 (passed after the Equal Employment Opportunity Act) continued

to specifically provide for preferential hiring of Indians by Indian Nations.

As an employer, the Nation seeks to employ individuals who possess the skills, abilities

and background to meet the employment needs of the Nation.

As a sovereign Indian Nation and a unique cultural group, the Oneida Nation has

determined that a highly desirable employment characteristic is knowledge of Oneida

culture that can be attained only by membership (or eligibility for membership) in the Oneida

Nation. . Further, the Nation recognizes the unique, shared culture of Native American

Indians and has determined that a desirable employment characteristic is status as a

member of an American Indian Nation.or descendant of a federally recognized tribe. At a

minimum, the Nation has determined that some knowledge of Indian culture is a

desirable employment characteristic.

Accordingly, the Oneida Nation establishes the following policy in regard to Indian

Preference for selecting employees to provide services that meet the needs of the

Oneida people. This Indian Preference policy shall be specific to staffing decisions made

under the Personnel Policies and Procedures and shall not be construed to have an

application outside of these policies and procedures.

The Oneida Nation is an equal employment opportunity employer and follows nondiscriminatory policies and procedures in personnel decisions (HR Interpretation 5-19-14)

However, theThe Oneida Nation exists to serve the needs of the Oneida people and

therefore accords Oneida Preference to enrolled members of the Oneida Nation

Members where such preference is not otherwise prohibited. All General Managers and

top administrative positions, as defined by HRD in a standard operating procedure, shall

be held by enrolled Tribal members. of the Oneida Nation. In all other instances, the

Nation applies the following priorities of Indian Preference in staffing decisions:

Enrolled members of the Oneida Tribal memberNation;

Oneida IndiansIndividuals eligible for enrollment in the Oneida Nation;

Documented first generation descendants of the Oneida descendantNation;

Other Native American Indian;

Members or descendants of a federally recognized tribe;

Other (non-Indian). (HR Interpretation – 6-24-11)

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This policy willshall apply in decisions where the basic requirements for employment are

met.

B. HIRING PROCEDURE

1 Statement of Policy

a. The Oneida Nation is an equal employment opportunity employer and follows

nondiscriminatory policies in hiring.

b. The Oneida Nation is a firm advocate of the 1964 Civil Rights Act (as amended) and

the 1968 Indian Civil Rights Act (as amended) and will make every effort to ensure

compliance with each Act; however:

c. The Oneida Nation follows the principles of Indian Preference in the implementation

of hiring practices (see the Oneida Preference and Indian Preference Statement of

Policy).

2. The membersHiring Guidelines

d. All Supervisors of the Personnel Commission and all Oneida Nation employees who

supervise other Oneida Nation employees shall undergo periodic training in EEO

and Tribal laws, rules, and regulations.

1) Training will be knowledge - and skills-based

2) All Personnel Commission members and Tribal supervisors will undergo periodic

re-training in EEO and Tribal laws, rules and regulations

e.a. No person shall be recommended for a position if a conflict of interest or

nepotism is created. Nepotism is created by the following relationships: (HR

Interpretation 08-13-12)

Nation.

a) Father

Father-in-law

b) Mother

Mother-in-law

c) Husband

Brother-in-law

d) Wife

Sister-in-law

e) Brother

Son-in-law

f) Sister

Daughter-in-law

g) Son

Grandparent

h) Daughter

Grandchild

3. Hiring Procedures

a. HRD Office Responsibilities

1) Unless specifically noted, the HRD Office will have responsibility for

implementing the policies and procedures guiding the selection of Tribal

employees.

b. Personnel Commission Role

1) The Oneida Nation established the Personnel Commission to represent the

Oneida Community-at-large in the selection of tribal employees of the Nation.

a) The Personnel Commission is directed to:

i. Seek out the best-matched applicants for each available position;

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ii. Consider only job-related factors (such as education, experience, past job

performance, skills and abilities, and compatibility with the position and

potential co-workers) when selecting candidates.; and

iii. Comply with the Oneida Personnel Commission Bylaws.

c. Identification of Vacancies and Development of JobPosition Descriptions (Work Standard,

11-16-11)

Supervisors may inform the HRD Office of pending vacancies as soon as they are

identified.

2) For new and existing positions, the HRD Manager (or designate),Representative,

the supervisor and the Area Manager (at his/hertheir option) willshall review the

jobposition description to ensure compliance with:

a) The Nation’s jobemployment structure; and

b) The needs and requirements of the job.

3) For new positions, the HRD Manager, the appropriate Area Manager, and the

supervisor shall develop the job description. (HR Interpretation, 12-8-16)

a) The new job description shall conform to the Oneida Nation job structure.

b) The new job description will be reviewed by the General Managerposition.

4) All jobposition descriptions shall containfollow the following information:

a) Job title, division/department, location, supervisor's title;

b) Posting date, application deadline, preferred starting date, date of job,

description review;

c) Pay level (grade, step, hourly rate);

d) A brief job summary;

e) Duties and responsibilities;

f) Qualifications;

g) Inquiry address;

h)3) Statement of compliance with EEO and Indian Preference policiesoutlined

structure.

d. Applications

1) All inquiries for jobposition vacancies willshall be responded to with an Oneida

Nation Application Form which will consist of:application.

a) Job vacancy title;

b) Applicant biographical data;

c) A request for a resume (where applicable).

2) The Application Form shall be accompanied by a Statement of Policy regarding

Oneida Preference and Indian Preference.

2) Hand-delivered applications will be accepted at the HRD Office until 4:30 p.m. on

the deadline date; mailedAll applications shall be submitted online.

3) All applications must be postmarked on or before the deadline date.

4)3)

All applications willshall be acknowledged.

e. Advertising

1) Position vacancies willshall be advertised as widely as possible including.

Advertising efforts may include, but not be limited to the following:

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a) The Kalihwisaks;

b) The Oneida Nation website;

c) Oneida Nation social media platforms;

d) Electronic communications or alerts;

e) Mailings;

b)f) Statewide, through print and electronic media and public employment

agencies;

c)g) Through targeted recruiting efforts including:

i. Major metropolitan areas (i.e. Milwaukee, Chicago, Minneapolis, etc.)

ii.i. The Bureau of Indian Affairs;

iii.ii.

The Oneida Higher Education Office.

d)h) Other postings targeted toward special recruiting categories (such as

professions) shall be carried out at the discretion of the HRD Office with the

advice and consent of the affected department.

2) Unless otherwise prohibited by external grant source or federal law, the first

posting for aA position vacancy shall be limited to enrolled Oneida members

and shall be posted for a minimum of seven (7) calendar days.

3)2) The second posting for a position vacancy shall be posted for a minimum of ten

(10) calendar days and shall be open to the general public, unless the position

mustis required to be filled by an enrolled Oneida Nation member. (HR

Interpretation 8-9-11)

4)3) All vacancies requiring re-posting shall be referred back to B-2.c (Identification of

Vacancies and Development of JobPosition description) to begin the re-posting

process.

Screening of Applicants (HR Interpretation 11-16-12) (HR Interpretation 10-22-12)

1) Applicants who are enrolled members of the Oneida Nation shall be screened

and interviewed prior to any other applicants. If the screening and interviewing

of the applicants who are enrolled members of the Oneida Nation did not result

in the position vacancy being filled, then all other applicants may be screened

and interviewed.

1)2)

A Screening Committee consisting of the HRD Manager (or

designate),Representative, the position supervisor, the Area Manager (at

his/hertheir option), and a member of the Personnel Commission shall be

convened to conduct the screening of applicants. The Screening process willshall

begin as soon as practical following the closing of the position. ThisThe

Screening Committee willshall:

a) Verify that all applications are complete, are accurate and were submitted on

time.

i.b) Applications that are incomplete, inaccurate, or were not submitted on or

before the posted deadline date may be screened out.

b)c) Analyze the jobposition description to establish screening criteria. These

criteria willshall include qualifications listed on the jobposition description

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determined by the supervisor and Area ManagerHRD Representative to be

essential to the jobposition. (T.O.E. WS - 5-6-13)

c) Screen verified applications

d) Recommendand identify a list of applicants to be interviewed.

2) The HRD Office shall notify screened outEnsure there are no applicants within

five (5) working days after the initial screening and reserve these applications in

the general recruiting pool.

3) The HRD Office will arrangeineligible for interviewsemployment with the listed

candidates.

g. Candidate Interviews

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1)e) An Interview Committee will be convened and will consist of the members of

the Screening Committee except that the HRD Manager will be

replacedNation due to termination or resignation in accordance with a

second member of the Personnel Commission. The Interview Committee

will:the applicable standard operating procedure developed by HRD.

3) ConstructNo person shall be recommended for a position if nepotism is created.

Nepotism is created by the following relationships that are created by birth,

marriage, or through another legally recognized means:

a) Spouse;

b) Child;

c) Parent;

d) Sibling;

e) Grandparent;

f) Great-grandparent;

g) Grandchild; and

h) Guardian.

4) No person shall be recommended for a position if a conflict of interest is created.

Conflict of interest is defined as:

a) any interest, real or apparent, whether it be personal, financial, political, or

otherwise, in which an elected official, officer, political appointee, employee,

contractor, or appointed or elected member, or their immediate family

members, friends or associates, or any other person with whom they have

contact, have that conflicts with any right of the Nation to property,

information, or any other right to own and operate activities free from

undisclosed competition or other violation of such rights of the Nation.

b) any financial or familial interest an elected official, officer, political appointee,

employee, contractor, or appointed or elected member or their immediate

family members may have in any transaction between the Nation and an

outside party

a)5) The HRD Representative and supervisor shall construct an interview format

consisting of:

i.a) A set of questions related to the screening criteria qualifications; and

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ii.b) An interview rating scale designed to objectively evaluate each

candidate'sapplicant’s qualifications.

6) The HRD Office shall arrange for interviews with the listed applicants.

g. Applicant Interviews

b)1)

An Interview candidatesCommittee shall be convened consisting of the

members of the Screening Committee and a second member of the Personnel

Commission. The Interview Committee shall interview applicants and evaluate

each individually.

2) No interview shall take place without an HRD Representative present.

2)3)

The HRD Manager (or designee) willRepresentative shall total the

evaluation rating scale to rank order of the candidatesapplicants.

h. Selection (HR Interpretation - Disqualification of Applicant 10-24-13)

1) The supervisor shall select one of the top two (2) candidatesapplicants as ranked

through the rating scale. (HR Interpretation - 10-17-12)

a) The supervisor may conduct an additional personalfollow-up interview with

the top two (2) candidatesapplicants.

b) The selection decision shall be governed by the Oneida Preference and

Indian Preference Policy. (HR Interpretation - 6-6-11)

c) The HRD Office willshall notify the selected candidate and offer the

candidate the job within five (5) working days of the selection decision by

the supervisor.position to the selected applicant.

Should the supervisor's first choice refuse the offer, the HRD Office will

offershall provide the job tosupervisor with the secondnext two (2)

ranked candidateapplicants to choose from.

2)ii. Should both of the top two ranked candidates(2) chosen applicants

refuse the jobposition offer, the supervisor may:

a)1. Repeat the hiring selection process outlined in B.2.h.1. above with

the remaining candidates; or

b)2. Re-post the position.

3)2) The HRD Office willshall notify those candidatesapplicants interviewed but not

selected of the decision to hire the best-qualified candidate.

4) All newly hired employees will be listed in the HR newsletter.

TRANSFERS AND PROMOTIONS POLICY

INTERNAL POSITION POSTING - The Oneida Nation encourages transfers and

promotionsmovement within and among units in order to make the best possible use of

human resources to meet the Oneida NationNation’s goals and objectives. Supervisors and

employees are encouraged to work together to create an environment in which employees

constantly strive to improve their skills and abilities and mangersmanagers constantly seek

to provide challenging and rewarding work experiences.

1. Procedure

a. Internal Position Posting and Bidding

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1) Open positions as determined by a supervisor and his/hertheir Area Manager

willmay be posted internally for a position transfer for a minimum of five (5)

working days. This internal posting will be concurrent with the external (public)

posting of positions.

a) Positions will be posted in prominent locations in each Oneida Nation

building

2) Oneida Nation employees may bid for transfers by notifying their immediate

supervisor and submitting an Application Form to the HRD Office.

a) The HRD Manager will inform all affected Area Managers of each transfer

bid.

3)2) At the end of the five (5) day minimum internal posting period, the HRD

Manager will Representative shall schedule a conferencescreening with the

open position's supervisor and the Area Manager. (at their option).

a) The conference committee will consist of the supervisor, the Area Manager

and the HRD Manager (or designate) acting as this Committee will:

i. Establish selection criteria; and

ii. Review each bid.

b) The Committee may select the best-qualified applicant but is not required to

choose an applicant to fill the open position from those employees who

have submitted an application for a transfer or promotion.

c) If the Committee does not fill the position from the transfer/promotion

process, the process will continue through the full advertising, screening and

interview steps.

i. Any decision will be governed by the Indian Preference Policy.

4)3) Employees who are transferred or promoted will shall not lose any benefits;

however:

a) An employee may be required to continue serving in his/hertheir present

position until a replacement can be found;, for a period up to thirty (30) days.

b) An employee who is transferred to a position lower on the Oneida Nation

JobPosition Structure willshall be paid at the grade level corresponding to

the new position;.

c) An employee must have completed one year of service to the Nation before

being eligible for a promotion or transfer (requestsRequests for transfers for

documented medical conditions will be handled on a case -by -case basis

and only when in the best interests of both the employee and the Nation);.

d) The newly transferred or promoted employee shall be required to complete

a three (3) month probation period (all. All conditions of the Nation's

Original Probation Policy shall apply).

b. Applicant Pool Process

1) New and vacant positions will be advertised through the Tribal Applicant Pool.

2) The job description will be sent to persons whose applications are maintained in

the Applicant Pool.

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a) The Tribal Applicant Pool will consist of open (unspecified) applications from

Tribal members who wish to be considered for employment by the Nation.

b)d) Advertising through the Tribal Applicant Pool will follow the format and

time conditions set forth in the Hiring Policy during that period.

Reassignments

a. Title Reassignments

1) Title Reassignments may be made by supervisors to:

a) More accurately describe or define an existing jobposition; or

b) Make minor adjustments in jobspositions within a unit or operating division.

2) Title Reassignments may be made at any time with the approval of the Area

Manager and HRD ManagerRepresentative.

b. JobPosition Reassignments

1) JobPosition Reassignments may be made by supervisors to make more efficient

and effective use of human resources.

2) JobPosition Reassignments may be supervisor-initiated or employee-initiated but

must be made in the best interests of the operating unit.

3) JobPosition Reassignments may be made at any time with the approval of the

Area Manager and after a review of each affected job by the Personnel

Evaluation CommitteeHRD Manager.

c. Interim Job Reassignments (Work Standard 7-11-13)

c. Interim Position Reassignments.

1) Interim position reassignments may be processed to fill a position in which the

previous employee is in the appeals process, on a leave of absence, or for a

vacant position.

D. ORIGINAL PROBATION

1. The first three (3) months after an employee's starting date after being hired,

transferred, or reassigned shall be considered a period of probation. At the end of six

(6) weeks, the employee's performance shall be reviewed with him/herthem by the

supervisor by completing an employee evaluation.

At the end of the three-month probation period, a second performance evaluation

willshall be conducted. This evaluation willshall recommend the end of probation and regular

status for the employee, an extension of probation, or termination for cause.

2.1.

Status as a Probationary Employee

a. Probationary employees will be paid at five percent (5%) below the posted pay rate

for the position.

1) New employees hired under a negotiated salary will receive a salary one step

below the agreed upon salary during the probationary period.

b.a. Probationary employees willshall accrue vacation/ and personal days during the

probation period and willshall receive holiday pay.

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c.b. Probationary employees may be terminated for cause at any time during the

probation period. Cause must consist of a violation of policies or the documented

inability of the employee to perform the duties and responsibilities of the position.

This termination is subject to appeal. (BC Action 3-20-92)

3. Completion of Probation Period

a. Satisfactory completion of probation will result in the employee receiving the regular

salary for the position.

b. Employees who are terminated during the probation period will receive credit for

accrued vacation/personal days in their final paycheck.

c. Extensions of probation periods will not affect accrual of or use of benefits as

explained under D.2.

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SECTION IV - COMPENSATION AND BENEFITS

A. SALARY

1. Oneida Nation Job and Salary Structure

a. An ongoing plan will be instituted based on standard employee grades and step

levels to assure that a uniform approach is taken to establish equitable salary and

wage levels.

b. Employee performance evaluations will be a resource in determining whether an

employee receives an increase in pay for the upcoming year. An overall satisfactory

rating must be attained in order to be granted an increase in pay.

c. Merit increase shall be granted upon the recommendation of the supervisor, the

Area Manager, the HRD Manager and the General Manager.

2. Workday (Work Standard, 10‐17‐12)

a. The regular Tribal workday is from 8:00 a.m. to 4:30 p.m. with an hour for lunch. The

exception to these hours occurs only if the program/enterprise hours must vary for

the purpose of providing service (such as retail hours beyond 4:30 p.m.). Shifts will

be developed as needed, and the shift hours will then become the regular workday

for assigned employees for that program/enterprise.

b. Employees are expected to be at work each scheduled work day.

1) Employees who do not report for work because of inclement weather or

unforeseen circumstances will not be paid for that day. Employees may elect to

use personal day(s) to cover this absence. (W.S. Closures Multiple/Individual Depts.7-28-2017)

(W.S. Closures Non-Critical Departments/Divisions 7-28-2017)

2) In case of an unavoidable delay or absence, the supervisor must be notified no

later than thirty (30) minutes after the scheduled starting time. Employees are

encouraged to notify their supervisor before their scheduled starting time.

i. Employees failing to report to their assigned jobs or failing to call in within the

thirty (30) minute time allowed will be subject to disciplinary action.

ii. Permission to leave early must be obtained by the employee from his/her

supervisor.

3. Overtime

a. Any and all overtime will be kept to a minimum and must be approved by the

Supervisor and Area Manager.

1) In the case of potential overtime that may occur at night, on holidays or on

weekends, supervisors will delegate this authority to a specific employee and

outline specific situations and actions that warrant overtime.

b. All overtime must be reported to the supervisor for evaluation.

c. Overtime will be approved only if the program or enterprise budget is capable of

paying it.

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d. Overtime will be approved only for hours worked in excess of forty (40) hours per

week. Personal/vacation days and holidays will not count toward the forty (40) hour

requirements.

e. Tribal employees are expected to work overtime if required. Time and one-half will

be paid for this overtime.

f. Exempt employees are not eligible for overtime.

1) The HRD Office will maintain a list of exempt employees.

4. Holidays (Work Standard, 11-7-14)

a. Tribal holidays consist of the following:

1) One-half Day Christmas Eve

2) Christmas Day

3) New Year's Day

4) Memorial Day

5) Veteran's Day

6) Independence Day

7) Labor Day

8) Thanksgiving Day

9) Indian Day (day after Thanksgiving)

10) One-half day Good Friday

11) Code Talker’s Day (Oneida Day, Friday prior to Memorial Day)

(BC Resolution – 12-11-13A)

b. To be eligible for a paid holiday, employees must work the preceding and following

scheduled work days (except for employees who are on a prescheduled work leave

or an approved extended sick leave.) Employees who are granted a sick day directly

prior to a holiday must certify that they were capable of working the holiday in order

to qualify for a paid holiday.

c. All regular employees will be given holiday pay for the maximum pay of eight (8)

hours per day.

d. Holidays falling on a Saturday will be observed the preceding Friday; holidays falling

on a Sunday will be observed on the following Monday. (2019 Holiday Observance Calendar)

(2018 Holiday Observance Calendar)

e. The Oneida Nation acknowledges its responsibility to make a reasonable

accommodation to employees who wish time off to observe religious holidays.

Requests for such time off will be granted where possible, based on the scheduling

and staffing needs of affected departments. Employees wishing to take time off work

for religious observances should inform their supervisor as early as possible.

Employees may use personal time for such requests if eligible; otherwise the time off

will be treated as unpaid leave.

5. Vacation/Personal Days

a. Every Oneida Nation employee, except temporary employees, shall be allowed

personal and vacation days with pay to the extent that personal days and vacation

are accumulated.

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b. The amount of personal and vacations days shall be determined by continuous

service for the Nation. A "lay-off" from Oneida Nation employment shall not be

considered an interruption in continuous service where the lay-off is in accordance

with the Nation's Layoff Policy, nor shall a preapproved leave of absence. (HR

Interpretation, 3-6-12)

c. Except as provided for in section g, the accrual of personal days shall be as follows:

(BC Resolution – 4-11-13-F)

1) 0-3 years of service - 6 days per year;

2) 4-7 years of service - 8 days per year;

3) 8-14 years of service - 10 days per year;

4) 15+ years of service - 12 days per year;

Except as provided for in section g, the accrual of vacation days shall be as follows:

1) 0-3 years of service - 12 days per year

2) 4-7 years of service - 15 days per year;

3) 8-15 years of service - 20 days per year;

4) 15+ years of service - 25 days per year.

Part-time employees accrue personal and vacation days for time actually worked at a

ratio of a full-time employee.

Service is defined as working for Programs/Enterprises which are contracted by the

Nation or specifically sponsored by the Nation.

Vacation and personal days shall be capped at 280 hrs. An employee shall cease to

accrue vacation and personal hours when he or she has reached 280 total hours.

Supervisors shall notify their employees when said employees have accumulated 200

total hours of vacation and personal time. (GTC Resolution, 7-2-12A)

1) An employee may trade back accumulated vacation and personal hours in

accordance with Section IV.A.5.n. below. (GTC Resolution, 5-23-11-B)

Upon termination from Oneida Nation employment, employees will be paid for any

unused personal and/or vacation days.

1) Employees who have used the Oneida Nation-sponsored loan program will be

required to honor the terms of the loan agreement.

Personal Days can be used for any reason so long as the request is approved by the

employee's supervisor at least twenty-four (24) hours in advance (unless the absence

is due to illness or unforeseen circumstances).

1) In the case of illness or unforeseen circumstance, the supervisor shall be notified

no later than fifteen (15) minutes before the scheduled starting time.

2) Programs and enterprises may institute stricter standards of notification. These

standards will be submitted to and approved by the Personnel Department.

An employee shall notify his/her supervisor of an intent to use personal days in the

following ways:

1) Three (3) to five (5) days - one (1) week advance notification

2) Six (6) days or more - two (2) weeks advance notification.

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k. An employee shall notify his/her supervisor one (1) day in advance if he/she will take

off one (1) or two (2) days of vacation. Programs and enterprises may institute

stricter standards of notification.

1) Three (3) to five (5) days of vacation require a one (1) week advance notification.

2) Six (6) or more days of vacation require at least two (2) weeks advance

notification.

l. The burden shall be on the supervisor to show that a denial of a personal day or a

vacation day is based upon interference with the business of the Nation.

m. Personal or Vacation Days can be taken when an employee is on probation. (GTC

Resolution 5-23-11-B, HR Interpretation 5-8-17)

n. Trade-back for Cash - Each fiscal year, the Oneida Business Committee shall analyze

fiscal conditions to determine whether employees may trade back personal and/or

vacation hours for cash that fiscal year.

1) If the Oneida Business Committee approves trade-back for cash, they shall also

determine whether (i) and/or (ii) applies: (See Revision)

i. All employees will have the opportunity to trade-back hours one time that

year.

1. By August 15, each employee who has accumulated twenty-four (24)

hours or more of vacation and/or personal days may opt to trade in

his/her hours for cash.

2. Employees will receive their trade back on or before September 30 of

that year.

ii. Only those employees who are unable to utilize their personal and/or

vacation time due to working conditions, such as a shortage in staffing, as

determined by the HRD Manager or designee, will have the opportunity to

trade back hours on a quarterly basis.

1. Employees will receive their trade back within sixty (60) days after

opting to trade back hours.

2) When trade-back for cash is approved by the Oneida Business Committee, the

following standards shall apply:

i. Employees must decide which status (vacation or personal or both) from

which their trade back will be drawn.

ii. Employees may not trade for cash more than eighty (80) hours in one year.

(GTC Resolution, 5-23-11-B)

o. Additional Duties Compensation

p. Travel Time Compensation (Work Standard , 3-20-13)

B. INSURANCES (see separate publication) for information on Oneida Nation Insurance plans.

C. RETIREMENT PLAN (See separate publication for information on Tribal Retirement Plan).

(Separating Employees WS 5-6-13)

D. LEAVES

1. Meeting Attendance

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a. Approval for attending any meetings inside normal working hours must be approved

in advance by the employee's immediate supervisor. (BC Action, 5-16-89)

b. Employees who receive stipends or honoraria in excess of $50.00 for attending

meetings during working hours will forfeit the amount in excess of $50.00 from their

regular paycheck. Stipends for travel or per diem will not be deducted if

accompanied by receipts for such expenses.

c. Stipends or honoraria for intra-tribal meetings during normal working hours will

results in the employee's paycheck being reduced by the full amount of the stipend.

2. Funeral Leave (Work Standard, 8-2-11)

a. All regular employees will be given a three (3) day leave without loss of pay for

funeral services for immediate family. Immediate family includes:

Husband

Mother

Brother

Great-grandparent

Wife

Father

Sister

Great-grandchildren

Mother-in-law

Son

Grandparent Spouse’s great-grandparents

Father-in-law

Daughter

Grandchild

Spouse’s grandparents

Daughter-in-law Sister-in-law Brother-in-law

b. Three (3) day leave for other persons will be given only if the employee is responsible

for making funeral arrangements, subject to prior approval of supervisor.

c. All other funeral leave will be limited to no more than one (1) day with pay subject to

the notification and approval of the immediate supervisor.(Mgmt Directive, 12-17-2009)

Leave of Absence (Work Standard, 6-10-14)

a. A leave of absence without pay may be granted to employees for a justifiable reason

(including caring for a child, spouse or parent with a serious health condition) and

when in the best interest of the Nation.

1) Leaves of absence will not exceed three (3) months.

i. All leaves of absence must be approved by the Supervisor, Area Manager,

HRD Manager and General Manager. (HR Interpretation, 12-8-16)

ii. Requests must be documented and submitted to the supervisor with as much

advance notice as possible.

iii. Disposition of requests will be made on the basis of staffing requirements.

2) Upon returning, the employee will be reinstated in the former position with full

status and benefits. Holiday, vacation, and sick leave will not be accrued during

the leave of absence.

3) No later than fifteen (15) working days prior to the expiration of the leave period

the employee must give notice in writing of his/her intent to return to the

position. Notice must be presented to the supervisor.

i. Failure to provide written notice will be interpreted to mean that the

employee does not intend to return following the leave. The position will be

posted and filled through the selection process. (HR Interpretation, 11-21-11)

4. Maternity Leave

a. Maternity leave will be granted for a period of six (6) weeks without pay.

1) An employee may elect to cover any portion of this time by using accumulated

sick days.

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2) Any maternity-related absences for longer than six (6) weeks must be taken as a

medical leave of absence.

Military Leave

a. In addition to the following provisions, the Nation's Military Service Protection Act

shall govern Military Leave.

b. A Military Leave of Absence is afforded employees entering active duty without

accumulation of holiday, vacation or personal time during the period of leave. Any

accumulated benefits prior to leave will be maintained for the employee.

c. Time off for inactive duty training, examinations to determine fitness for duty and

funeral honors duty shall be afforded to employees without the accumulation or loss

of holiday, vacation or personal time. An employee will receive pay from the Nation

for any hours work that the employee was required to miss due to reservist training.

1) Any pay received for performing any of the above duties shall be deducted from

the employee's pay. (GTC Resolution, 1-26-08A)

Jury Duty

a. During a period of jury duty, an employee will receive pay from the Nation for any

hours of work missed due to jury duty.

1) Jury duty pay will be deducted from the employee's paycheck when determining

the amount of pay

2) No overtime will be allowed in determining employee pay while serving on jury

duty.

Educational Leave (BC Action, 5-4-90)

a. A leave of absence for education purposes will not exceed one (1) year.

Parent Policy Leave (BC Action, 3-2-94A) (Parental Leave Policy, 11-3-17)

a. Employees who are parents, guardians, or those individuals specifically referred to as

“immediate family” as defined in Section IV, page 6 of these Personnel Policies and

Procedures which includes husband, wife, mother, father, brother, sister, son,

daughter, mother-in-law, father-in-law, grandparent and grandchild may request to

participate in their child(ren)’s educationally sanctioned events not to exceed four (4)

hours per employee per month

1) These four (4) hours shall not accumulate.

b. Approval to utilize the four (4) hours must be obtained from the supervisor.

1) An employee shall request his/her supervisor to utilize this leave with a minimum

of twenty-four (24) hours’ notice.

2) The Supervisor may request verification of

i. Guardianship of the child(ren) and/or

ii. The attendance of the employee at their child(ren)'s educationally sanctioned

event.

c. The burden shall be on the supervisor to show that a denial of the Parent Policy

Leave which is based upon interference with the business of the Nation.

d. This leave shall not be paid as overtime. The supervisor may have the option to use

flex time to cover this time off to attend their child(ren)'s educationally sanctioned

events.

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e. All employees, except Emergency/Temporary, Youth Workers, Student Interns, and

Seasonal Workers during their first season, and Substitute Reliefs are eligible to

participate in this benefit.

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SECTION V – EMPLOYEE RELATIONS

A. ORIENTATION POLICY

The Oneida Nation reflects the unique culture and character of our Nation. The Oneida Nation

recognizes that this may present special problems and difficulties for a new employee. The

Nation therefore provides an Orientation Program designed to ease the new employee’s

transition into a job and enable the new employee to become effective and productive as

quickly as possible.

1. Orientation Program Outline

a. Overview

b. Tribal Government and Procedures

c. Key Policies and Procedures

d. Benefits

e. Safety, Health and Security

f. Departmental Orientation

2. Responsibilities

a. The HRD Office will administer the General Orientation Program

1) The HRD Office will assist Divisions in administering Departmental Orientation

Programs.

b. The HRD Office will develop and establish an Employee Mentor Program with each

Division.

1) Employee Mentors will be responsible for conducting the Departmental

Orientation.

2) Employee Mentors will assist new employees throughout their probation period

as a source of references and referrals.

c. The HRD Office will annually review the General Orientation Program and each

Departmental Orientation Program to:

1) Evaluate the effectiveness of each Program,

2) Modify programs as necessary.

3) Requirements

a) The HRD Office will provide a copy of the Employee Policy and Procedures

Manual to new employees before (if possible) the scheduled starting date.

b) The General Orientation Program will be completed in appropriate stages

within the first month of the new employee’s starting date.

The Departmental Orientation will be completed within the first week of

the starting date.

c) The HRD Office will administer a NEW Employee Reporting Form to provide

information for the purposes of maintaining a Nation-wide skills assessment

inventory and a management succession plan.

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B. EVALUATIONS

1. Evaluation reports will be used in determining all promotions, transfers and salary

adjustments.

2. Annual evaluation reports for each employee will be submitted to the HRD Office by

August 1 of each year. (Work Standard, 6-23-15)

a. Evaluation reports will be retained in each employee’s personnel file.

3. All Oneida Nation employees will be evaluated at least once a year.

a. Employee performance evaluations will be conducted by each employee’s immediate

supervisor. The Business Committee will conduct the performance evaluation of the

General Manager. (HR Interpretation, 12-8-16)

b. The supervisor will discuss the evaluation with each employee. The evaluation will

then be signed by the employee and the supervisor and forwarded to the HRD

Office.

4. Satisfactory evaluations may result in the employee receiving an increase in pay within

their grade level provided that the employee has not attained the highest step within the

grade.

a. Unsatisfactory evaluations will result in probation status for the employee. The

supervisor shall provide documentation to the Area Manager and to the employee

detailing the deficiency(s). A repeat evaluation will be conducted three (3) months

after the unsatisfactory evaluation. This second evaluation will result in the

employee:

1) Being removed from probation and receiving a salary increase if the second

evaluation results in an overall satisfactory rating; or

2) Receiving appropriate disciplinary actions if the second evaluation also results in

an unsatisfactory rating.

b. Employees may appeal unsatisfactory evaluations to the HRD Manager. The HRD

Manager will consult with the supervisor and the employee to negotiate an

appropriate resolution (Work Standard, 12-8-16)

C. CAREER DEVELOPMENT

1. Oneida Nation employees are encouraged to develop their skills and abilities by

pursuing education at a local educational institution. (BC Action, 9-9-92)

a. Oneida Nation employees must provide a general Career Development Plan to the

supervisor listing the goals and objectives of the training and education to be

undertaken.

2. Oneida Nation employees may be eligible for assistance for one (1) course per semester.

The employee must attempt to arrange to take the class outside his/her normal working

hours.

a. Where a class conflicts with the employee’s work schedule, the needs of the Tribal

unit take precedence; however, the supervisor shall attempt to accommodate the

employee’s request.

b. In no case shall the accommodation exceed actual class hours plus reasonable travel

time.

c. Employees must obtain the approval of their immediate supervisor to take a course

on work time.

3. The supervisor’s approval and estimated cost must be submitted to the HRD Office, the

Area Manager and the General Manager. (HR Interpretation, 12-8-16)

4. The cost of the books, tuition and fees for the course shall be paid by the Nation through

funds budgeted in programs or through the Higher Education program.

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a. Reimbursement for books, tuition and fees is contingent upon the employee

receiving at least a C (2.0 on a 4.0 point scale).

b. Employees who receive less than the required grade point will be required to

reimburse the program for whatever costs were incurred.

D. COMPLAINTS, DISCIPLINARY ACTIONS, AND GRIEVANCES

Disciplinary procedures provide a systematic process for handling problem employees.

Disciplinary procedures serve to correct unacceptable behavior and to protect the Nation.

Grievance procedures provide a systematic process for hearing and evaluating job related

disputes. Grievance procedures serve to protect employees from inconsistent and unfair

treatment. In all cases of grievance and discipline, supervisors are enjoined to use common

sense, discretion and judicious good sense to resolve complaints between employees,

exercise disciplinary prerogatives, and handle grievances.

(HR Interpretation, 2-4-13) (HR Interpretation, 1-29-14)

1. Complaints

a. Should an employee have a disagreement with another employee, he/she may

lodge an informal (verbal) or formal (written) complaint with the employee’s

supervisor.

b. The supervisor will investigate the complaint and attempt to resolve the

disagreement.

c. If the employee lodging the complaint is dissatisfied with the attempted resolution,

he/she may ask the Area Manager to attempt a resolution.

d. There is no further appeal of this process.

2. Disciplinary Actions

a. Disciplinary actions will be initiated by an immediate supervisor for the purpose of

correcting unacceptable work performance. The supervisor will always discuss the

action with the employee being disciplined to ensure that the employee:

1) Understands the reason for the disciplinary action;

2) Understands the expected work performance in light of the disciplinary action;

3) Understands the consequences of continued unacceptable behavior.

b. A supervisor shall initiate disciplinary actions commensurate with the seriousness of

the unsatisfactory performance. A supervisor must consider each disciplinary action

in progressive order and justify a deviance from that recommended progression.

c. The actions listed below are examples of unacceptable work performance and do

not constitute a comprehensive or exhaustive list. The actions in parentheses are

guidelines for a supervisor to use in administering disciplinary actions. (W = written

warning; S = suspension; T = termination):

1) Work Performance

a) Insubordination (including disobedience) or failure/refusal to carry out

assignments or instructions. (W/S/T)

b) Loafing, loitering, sleeping or engaging in personal business. (W/S/T)

c) Unauthorized disclosure of confidential information or records. (S/T)

d) Falsifying records or giving false information to departments and/or

employees responsible for Recordkeeping. (S/T)

e) Failure to provide accurate and complete information where such

information is required by an authorized person. (S/T)

f) Failure to comply with health, safety and sanitation requirements, rules and

regulations. (W/S/T)

g) Negligence in the performance of assigned duties. (W/S/T)

2) Attendance and Punctuality

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a) Failure to report promptly and observe work schedules (such as starting time,

quitting time, rest and meal breaks) without the specific approval of the

supervisor. (W/S/T)

b) A pattern of unexcused or excessive absenteeism and/or tardiness. (W/S/T)

3) Use of Property

a) Unauthorized or improper use of Oneida Nation property or equipment (for

example, Oneida Nation vehicles, telephone, mail services, etc.) (W/S/T)

b) Unauthorized possession, removal or willful destruction of Oneida Nation or

another employee’s property (including improper use of possession of

uniforms, identification cards, badges, permits or weapons). (Willful

destruction of property may subject the violator to applicable liability laws.)

(T)

c) Unauthorized use, lending, borrowing or duplicating of Oneida Nation keys.

(T)

d) Unauthorized entry of Oneida Nation property, including unauthorized entry

outside of assigned hours of work or entry into restricted areas without prior

supervisory approval. (S/T)

e) Theft or property shall include theft, embezzlement, cheating, defrauding,

pilfering, robbery, extortion, racketeering, swindling or any of these actions,

or conspiracy to commit such actions with Oneida Nation employees or other

persons against the Nation, its guests, employee, members, customers and/or

clients while on or about Tribal premises. (S/T) (BC Action, 12-2-88)

4) Personal Actions and Appearance

a) Threatening, attempting, or doing bodily harm to another person. (T)

b) Intimidating, interfering with or using abusive language toward customers,

clients, co-workers or others. (S/T)

c) Making false or malicious statements concerning other employees,

supervisors or program heads. (W/S/T)

d) Use of alcohol or illegal controlled substances during work hours. (S/T)

(GTC Resolution, 01-05-09A)

e) Reporting for work under the influence of alcohol or illegal controlled

substances. (S/T) (GTC Resolution, 01-05-09A)

f) Failure to immediately report any work-related injuries to the immediate

supervisor. (W/S)

g) Direct involvement in political campaigning during scheduled work hours.

Violations include:

i. Use of Oneida Nation employment title in Oneida Nation campaign

activities. (W/S/T)

1. Political materials include: leaflets, brochures, etc. which solicit support

for candidates for office.

2. Resolutions or petitions which propose that a political action be

initiated.

3. Leaflets, newsletters, or other written materials the purpose of which

is to espouse political views or opinions.

h) The acceptance of gifts or gratuities for personal gain in the course of official

duties. (Customers are allowed to tip Bingo workers, Oneida Tobacco

Enterprise workers, and Museum Workers.) (W/S/T)

i) Inappropriate dress or personal hygiene which adversely affects the proper

performance of duties or constitutes a health or safety hazard. (W/S)

j) Failure to exercise proper judgment. (W/S/T)

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k) Failure to be courteous in dealing with fellow employees or the general

public. (W/S/T)

l) Any of the following acts by employees: Arson, bribery, perjury, obstruction

or interference with an investigation authorized by the Oneida Nation. (S/T)

(BC Action, 12-2-88)

m) The use, possession, selling or purchasing of, or attempt to sell or purchase

alcohol, and/or controlled substances on or about Oneida Nation premises.

(S/T)

(BC Action, 12-2-88)

n) Any violation of duly adopted Oneida Nation ordinances. (W/S/T) (BC Action, 122-88)

5) Sexual Harassment Policy

It is the Oneida Nation’s Policy that all employees have a right to work in an

environment free of discrimination which includes freedom from harassment,

more specifically sexual harassment. The Oneida Nation considers sexual

harassment, in whatever form, in the workplace to be a serious violation of an

individual’s dignity and personal rights. In all matters, where complaint of sexual

harassment is lodged against an employee, the Oneida Nation has a duty and

obligation to conduct a thorough investigation using discretion, good judgment

and the principles and practice of strict confidentiality. If sexual harassment has

been committed, the progressive disciplinary process is as follows (W/S/T).

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual

favors, and other verbal or physical conduct of a sexual nature when (1)

submission to such conduct is made either explicitly or implicitly a term or

condition of an individual’s employment, (2) submissions to or rejection of such

conduct by an individual is used as the basis for employment decisions affecting

such individuals, or (3) such conduct has the purpose or effect of substantially

interfering with an individual’s work performance or creating an intimidating,

hostile, or offensive work environment.

a) Sexual Harassment (W/S/T)

i. Procedure

a. Should an employee have a complaint, he/she should file a formal

(written) complaint with the Human Resources Department.

b. The Human Resources Department is obligated to investigate the

complaint which is to be held in the strictest confidence. This

investigation shall be done within five (5) working days from

receiving the formal written complaint.

c. After investigating the complaint and the Human Resources

Department finds cause to take disciplinary action due to sexual

harassment violation, the employee will be disciplined accordingly

by their supervisor. This disciplinary action shall be initiated within

five (5) working days from the date the supervisor receives the

report from the Human Resource Department. (BC Actions, 7-16-93)

3. Accumulated Disciplinary Actions Warranting Termination (HR Interpretation,1-29-14) (Provided

that the Drug and Alcohol Free Workplace Policy shall govern disciplinary actions

warranting termination for drug and alcohol related violations.) (GTC Resolution, 01-05-09A)

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a. The accumulation of three (3) upheld warning notices within any twelve (12) month

period. (T)

b. The accumulation of two (2) upheld suspensions within any twelve (12) month

period. (T)

c. The accumulation of three (3) of any combination of upheld warning notices and/or

upheld suspensions within any twelve (12) month period. (T)

4. Substance Abuse Disciplinary Procedure - Section was deleted. (GTC Resolution, 01-05-09-A)

Click here for Drug and Alcohol Free Workplace Policy.

5. Disciplinary Procedure (Disciplinary Flowchart)

The following procedure shall be adhered to whenever disciplinary action is taken.

a. Supervisor becomes aware of unsatisfactory work performance or violation.

1) Supervisor investigates through a meeting with the employees and determines

whether disciplinary action is warranted.

b. If disciplinary action is warranted, within five (5) working days the supervisor will fill

out the five (5) part disciplinary action form stating the behavior for which the action

is being taken, the time and date of its occurrence, and the specific policy section

under which action is being taken.

c. The form will be discussed with the employee and a corrective action will be

identified.

d. The employee being disciplined will sign the form.

1) Should an employee being disciplined refuse to discuss the action with his/her

supervisor, the supervisor shall so note this, with date of refusal, on the form and

distribute as in 5.e.

e. Copies will be given to the employee, the HRD Manager, the supervisor, the Area

Manager and General Manager within twenty-four (24) hours of the conference with

the employee. (HR Interpretation, 12-8-16)

f. Should a disciplinary action result in the suspension or termination of an employee,

the following guidelines shall apply:

1) The supervisor shall consult with the HRD Manager to mutually determine the

length of the suspension.

a) Suspensions will be limited to a maximum of three (3) weeks.

b) Suspension/terminations that are overturned in the appeal process shall

result in the employee receiving back pay for the days he/she was

suspended/terminated.

6. Grievance (Grievance Flowchart)

An employee who receives a disciplinary action which he/she believes is unfair may

grieve the action. The Grievance process (including appeals of disciplinary action) shall

be conducted with utmost consideration for due process (within the time limits set forth

herein) but will allow and account for recognized Tribal holidays and unforeseen

circumstances (such as illnesses, deaths in the immediate family of principals, etc.). The

HRD office will make every attempt to ensure that grievance procedures are concluded

within forty-five (45) workings days; however, extensions granted for reasonable

unforeseen circumstances (as determined by the HRD Manager) may extend the process

The Grievance process will be governed by the following guidelines: (HR Interpretation, 8-192011)

(HR Interpretation, 1-29-2014)

a. For all disciplinary actions, regardless of severity:

1) The employee (petitioner) must file an appeal in writing.

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a) The employee may seek the assistance of a spokesperson or advocate at any

time after the disciplinary action has been issued in order to aid in the

resolution of the grievance process.

b) The appeal must be filed with the Area Manager and the HRD Manager (or

designee) within ten (10) working days from the day the employee receives

the disciplinary action.

2) The Area Manager, for all disciplinary action investigations, will have ten (10)

working days from the receipt of the employee’s appeal to complete the

investigation. One extension of no more than five (5) working days may be

requested of and granted by the HRD Manager (or designee) at his or her

discretion.

3) The Area Manager will do one of the following:

a) Uphold the disciplinary action; or

b) Modify the disciplinary action; or

c) Overturn the disciplinary action. If a suspension or termination is overturned,

the employee (petitioner) shall be reinstated with full back pay.

4) The Area Manager will file a decision with the employee and the HRD Manager

(or designee) and will include a reason for the decision, an explanation of the

decision and the action to be taken as a result of it.

Filing a Complaint (BC Resolution, 3-18-19)

1) An employee may appeal the Area Manager’s decision to the Oneida Personnel

Commission by filing a complaint with the Human Resources Department on

behalf of the Oneida Personnel Commission.

a) The employee shall file the appeal within ten (10) working days from the

employee’s receipt of the Area Manager’s decision

2) The Human Resources Department shall notify the Human Resources

Department Manager of receipt of the appeal within one (1) business day of

receipt of the appeal.

Collection of Information

1) The Human Resources Department shall collect all information the Area Manager

used in making the decision to uphold the disciplinary action.

Review of the Complaint

1) The Human Resources Department shall provide the information obtained to the

Oneida Personnel Commission members selected to serve as the hearing body

for the complaint, and the Oneida Personnel Commissioners shall review all the

information submitted by the Petitioner and the Human Resources Department

to determine if one or both conditions exist;

a) The decision of the Area Manager is clearly against the weight of the

evidence; and/or

b) Procedural irregularities were exhibited during the appeal process that were

harmful to one of the parties to the grievance.

2) If Oneida Personnel Commission members selected to serve as the hearing body

for the complaint find one or both conditions exist, the Human Resources

Department shall convene the Oneida Personnel Commission to hear the

grievance.

3) If the Oneida Personnel Commission members find that neither condition exists,

the Oneida Personnel Commission will deny the appeal for a hearing and affirm

the decision of the Area Manager.

Convening a Hearing

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1) The Human Resources Department shall schedule a time and location for the

grievance hearing and shall confirm the participation of the Oneida Personnel

Commission members selected to serve as the hearing body for the complaint.

2) The Human Resources Department shall send notice of the hearing to the

petitioner, respondent, and Oneida Personnel Commission members at least five

(5) working days prior to the hearing date.

3) The Human Resources Department shall provide copies of all information on the

subject case upon which the disciplinary action was upheld to the members of

the Oneida Personnel Commission at least two (2) working days prior to the

appeal date.

4) The Human Resources Department shall allow the petitioner and respondent

access to this information in the Human Resources Department Office at least

two (2) days prior to the appeal date.

Hearing Procedure

1) The order of presentation for the hearing shall be:

a) Petitioner’s opening statement;

b) Respondent’s opening statement;

c) The Petitioner’s case;

d) The Respondent’s case;

e) Petitioner’s closing statement

f) Respondent’s closing statement

2) The petitioner shall have the right to be represented by an advocate, at his or her

own expense. The respondent and/or area manager who is party to the

grievance action shall have access to an advocate for consultation and/or

representation. Should the petitioner engage outside professional legal

representation, the respondent and/or area manager shall have access to the

professional legal representation.

a) Should the petitioner and his or her representative both fail to appear for any

scheduled hearing without justifiable cause, the decision of the Area

Manager shall be upheld, and the grievance dismissed.

b) Should the respondent and his/her representative both fail to appear for any

scheduled hearing without justifiable cause, the decision of the Area

Manager shall be overturned.

3) If new evidence which was previously unavailable is introduced at any point

during the hearing process, the Oneida Personnel Commission hearing shall be

suspended, and the case will be remanded to the Area Manager for

reconsideration.

a) The Area Manager shall reconsider the decision in light of the new evidence

and issue a decision within three (3) working days.

b) This procedure may be invoked only once.

c) Thereafter, the appeal process shall continue to a conclusion based on the

information originally presented and the newly introduced evidence.

If the Area Manager overturns his or her decision, the case would not

come back for a hearing.

ii.

If the Area Manager affirms his or her decision, then the case will come

back to the Oneida Personnel Commission to complete the hearing.

4) The Oneida Personnel Commission’s decision shall be based solely on the

information presented to them before the appeal hearing, the record of the prior

proceedings, and any new evidence if introduced appropriately.

5) The Oneida Personnel Commission may:

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a) Uphold the disciplinary action; or

b) Overturn the disciplinary action and:

Reinstate the employee (petitioner) with full back pay for any lost time; or

ii.

Reinstate the employee (petitioner) without back pay.

6) The Oneida Personnel Commission shall provide notification of the final decision

within five (5) working days following the hearing. Notification of the final

decision shall include;

a) The final decision;

b) The reason(s) for the final decision; and

c) The action to be taken as a result of the final decision.

7) The Human Resources Department shall keep records of the hearing, and

provide copies of administrative advocacy rules, procedural rules, and time line

rules to interested parties.

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SECTION VI – SAFETY AND HEALTH

A. POLICY

The personal safety and health of each employee, customer and client of the Oneida Nation is

of primary importance. The prevention of injuries and illnesses is of such importance that it will

take precedence over operating productivity whenever necessary.

The Oneida Nation will maintain a safety and health program conforming to the best practices

available. To be successful, this program will work to develop the proper attitudes toward onthe-job injury and illness prevention on the part of supervisors and employees. This program will

strive to develop a high level of cooperation in all safety and health matters between supervisors

and employees and among employees.

The objective of this program is a safe and healthy environment that will reduce the number of

job-related injuries and illnesses to an absolute minimum. The Nation's goal is zero

accidents and illnesses.

B. PROCEDURES

The Oneida Nation Safety Committee will adopt and enforce through the Personnel

Department procedures related to the education of the Nation’s work force in matters

of safety and health. These procedures will include all education and prevention

activities, assessments and evaluations, and reporting.

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SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS

A. Enterprises and programs may establish internal rules and regulations to facilitate the

administration of Oneida Nation Personnel Policies and Procedures.

1. In no case will these internal rules and/or regulations conflict with or take the

place of Oneida Nation Personnel Policies and Procedures.

2. Enterprises and programs which establish internal rules and regulations will

file a copy of the rules and regulations with the Personnel Department.

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SECTION VIII – RECORDKEEPING

A. PERSONNEL OFFICE

Basic records to be retained include:

a. Reference Data

b. Job Descriptions

c. Resumes and Applications

d. Interview notes/selection information

e. Resignations

f. Employee tax exemption claims

g. Disciplinary action information

h. Performance evaluations

i. Insurance coverage/changes

j. Transfers

The Personnel Office shall keep and maintain a complete record of each employee

throughout his/her term of employment.

a. Oneida Nation employees shall have access to their employment file.

b. Employment files kept by the Personnel Office shall be considered confidential

information. Release of any information to a third party must have the consent

of the employee in writing.

B. ACCOUNTING DEPARTMENT

Basic records to be retained include:

a. Attendance records

b. Employee Time Sheets

c. Earnings - in the form of computer printouts

d. Travel - in the form of complete travel authorization forms.

1) Time sheets and travel reports shall be filled out by every employee for pay

period, collected by the program head, and forwarded to the Department.

The Accounting Department shall retain all records for a period of seven (7)

years. (BC Action, 10-14-09B)

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SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS

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The Human Resources Department of the Oneida Nation collects information from employees in

order to make decisions regarding personnel actions including hiring, transfers and promotions,

training, compensation and benefits, disciplinary actions and other job opportunities. This

information is maintained by the Human Resources Department in individual files for as long as

the person is an employee of the Oneida Nation.

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A. STATEMENT OF POLICY

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As a general rule, the Oneida Nation considers all information contained in these files to be

private and confidential. No information of any type shall be released to any person or agent of

any organization without the written consent of the employee except under the conditions

outlined herein.

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B. EMPLOYEE ACCESS

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In addition, the Oneida Nation recognizes that the information contained in each employee’s

file is personal and that the lives of its employees are subject to changes. Therefore, the Oneida

Nation provides for employee access to his/her personnel file. Employees are allowed to review

their file and submit a statement of amendment should their review uncover any inaccurate,

obsolete or irrelevant information. Should any information come into dispute, an employee’s

statement of dispute will be accessed into the file.

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C. RELEASE OF INFORMATION TO THIRD PARTIES

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The Oneida Nation is obligated by law to release certain information to outside parties. Such

parties include the State of Wisconsin’s Unemployment Compensation Department and its

Workers Compensation Division and the United States Social Security Administration. Any

additional information released to a third party by the Human Resources Department related to

employee records shall consist of summary information

This text is long and has been trimmed here. Open the source document for the complete record.

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