Oneida Business Committee (2022)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

November 2, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. October 19, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Nation Assistance Fund Law (pg. 4)

2. Back Pay Law Amendments (pg. 24)

3. Emergency Management Law Amendments (pg. 43)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. E-Poll Results: Emergency Amendments to the Budget and Finances Law (pg. 69)

2. E-Poll Results: Approval of the LOC and LRO FY23 Annual Reports (pg. 106)

3. Legislative Operating Committee Fiscal Year 2022 Fourth Quarter Report (pg. 114)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

October 19, 2022

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Cornelius, Kirby

Metoxen

Others Present: Clorissa N. Leeman, Carolyn Salutz, Lawrence Barton, Bonnie Pigman, Grace

Elliot (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams),

Michelle Myers (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Rae Skenandore

(Microsoft Teams), Eric Boulanger (Microsoft Teams),

Call to Order and Approval of the Agenda

David P. Jordan called the October 19, 2022, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Cornelius to adopt the agenda with one addition, the Budget and Finances

Law Emergency Amendments; seconded by Jennifer Webster. Motion carried

unanimously.

II.

Minutes to be Approved

1. October 5, 2022 LOC Meeting Minutes

Motion by Marie Cornelius to approve the October 5, 2022, LOC meeting minutes and

forward to the Oneida Business Committee for consideration; seconded by Jennifer

Webster. Motion carried unanimously.

III.

Current Business

1. Back Pay Law Amendments

Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded

by Marie Cornelius. Motion carried unanimously.

2. Emergency Management Law Amendments

Motion by Jennifer Webster to approve the legislative analysis of the Emergency

Management law; seconded by Marie Cornelius. Motion carried unanimously.

IV.

New Submissions

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

Legislative Operating Committee Meeting Minutes of October 19, 2022

Page 1 of 2

ONEIDA

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Additions

1. Budget and Finances Law Emergency Amendments

Motion by Jennifer Webster to add the Budget and Finances law emergency amendments

to the Active Files List with Jennifer Webster as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:11 a.m.; seconded by Marie Cornelius.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of October 19, 2022

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

November 2, 2022

Oneida Nation Assistance Fund Law

Submission Date: 6/1/22

LOC Sponsor: Jennifer Webster

Public Meeting: 9/2/22

Emergency Enacted: 6/8/22

Summary: This item was added to the Active Files List on June 1, 2022. On May 25, 2022, the

Legislative Reference Office submitted a request for the development of an Oneida Nation Assistance Fund

law, the purpose of which is to establish the Oneida Nation Assistance Fund as an approved program of

the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law. On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-1421-D, Oneida Nation Assistance Fund, which created an approved program – the Oneida Nation

Assistance Fund – for the purpose of providing for the general welfare of the Nation and its members by

offering limited amounts of financial assistance to Tribal members requiring general welfare need

assistance, who could attest to such need. The Oneida Nation Assistance Fund, as adopted through

resolution BC-04-14-21-D, was specific to a disbursement for an application period of June 1, 2021, and

September 1, 2021. This Law was added to the Active Files List to codify the Oneida Nation Assistance

Fund. On June 8, 2022, the Oneida Business Committee adopted the Oneida Nation Assistance Fund law

on an emergency basis through resolution BC-06-08-22-A. The emergency adoption of this law will expire

on December 8, 2022.

5/12/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to discuss how

resolution BC-04-14-21-D, Oneida Nation Assistance Fund, would not work for this year’s

general welfare assistance payment to members and whether we should bring forward an

Oneida Nation Assistance Fund law through emergency adoption to address this year’s GWA

disbursement.

5/18/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Ralinda Ninham-Lamberies, Rae

Skenandore, Keith Doxtator, Jameson Wilson. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss the potential emergency

adoption of the Oneida Nation Assistance Fund law – as well as review and discuss a proposed

draft of this law.

6/1/22 LOC:

Motion by Jennifer Webster to add the Oneida Nation Assistance Fund Law to the Active

Files List with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried

unanimously.

Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund law emergency

adoption packet and forward to the Oneida Business Committee for consideration; seconded

by Kirby Metoxen. Motion carried unanimously.

6/8/22 OBC:

Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of

the Oneida Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried.

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7/1/22:

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

King, Clorissa N. Santiago, Grace Elliot, Ralinda Ninham-Lamberies, Keith Doxtator,

Jameson Wilson, Barbara Webster. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to discuss the communication of the Oneida Nation

Assistance Fund and the Elder Assistance Program, specifically how it relates to per capita,

and to discuss the application submission period and disbursement timeframe resolutions.

7/6/22 LOC:

Motion by Marie Summers to approve the resolution, Oneida Nation Assistance Fund

Application Submission Period and Disbursement Timeframe for 2022, with noted change and

corresponding statement of effect and forward to the Oneida Business Committee for

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

7/13/22 OBC: Motion by David P. Jordan to adopt resolution entitled 07-13-22-C Oneida Nation Assistance

Fund Application Submission Period and Disbursement Timeframe for 2022, seconded by

Jennifer Webster. Motion carried.

7/20/22 LOC: Motion by Daniel Guzman King to approve the draft and legislative analysis for the Oneida

Nation Assistance Fund law; seconded by Kirby Metoxen. Motion carried unanimously.

7/28/22:

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

King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz. This was a work

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

discuss the public meeting notice and the GWA payment pictorial.

8/3/22 LOC:

Motion by Marie Summers to approve the public meeting packet, with updated public meeting

notice, and forward the Oneida Nation Assistance Fund law to a public meeting to be held on

September 2, 2022; seconded by Kirby Metoxen. Motion carried unanimously.

9/2/22:

Public Meeting Held. Present: David P. Jordan, Marie Summers, Clorissa N. Santiago, Justin

Nishimoto, Jameson Wilson, Lawrence Barton, Carolyn Salutz, Kristal Hill, Grace Elliott,

Rhiannon Metoxen, Kaylynn Gresham, Carl Artman, Michelle Myers. The public meeting for

the Oneida Nation Assistance Fund law was held on Microsoft Teams. No individuals

provided public comment during the public meeting.

9/12/22:

Public Comment Period Closed. One (1) submission of written comments was received

during the public comment period.

9/21/22 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Marie

Cornelius. Motion carried unanimously.

9/21/22:

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

King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to review and consider the public comments received.

10/5/22 LOC: Motion by Jennifer Webster to approve the updated public comment review memorandum,

draft, updated legislative analysis, and fiscal impact statement request memorandum, and

forward to the Trust Enrollment Department Director directing that a fiscal impact statement

be submitted to the Legislative Operating Committee by October 19, 2022; seconded by

Daniel Guzman King. Motion carried unanimously.

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10/5/22:

Fiscal Impact Statement Received. The Trust Enrollment Department Director provided the

LOC with the requested Fiscal Impact Statement.

Next Steps:

 Approve the Oneida Nation Assistance Fund law adoption packet and forward to the Oneida

Business Committee for consideration.

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

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ONEIDA

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

November 23, 2022

Adoption of the Oneida Nation Assistance Fund Law

Please find the following attached backup documentation for your consideration of the adoption

of the Oneida Nation Assistance Fund law:

Resolution: Adoption of the Oneida Nation Assistance Fund Law

Statement of Effect: Adoption of the Oneida Nation Assistance Fund Law

Oneida Nation Assistance Fund Law Legislative Analysis

Oneida Nation Assistance Fund Law

Oneida Nation Assistance Fund Law Fiscal Impact Statement

Overview

The Oneida Business Committee adopted the Oneida Nation Assistance Fund law on an emergency

basis on June 8, 2022, through the adoption of resolution BC-06-08-22-A. The emergency

adoption of the Oneida Nation Assistance Fund law will expire on December 8, 2022.The Oneida

Nation Assistance Fund law is now ready to be considered for permanent adoption.

The purpose of the Oneida Nation Assistance Fund law is to establish the Oneida Nation

Assistance Fund as an approved program of the Nation to govern how the Nation provides financial

assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The

Oneida Nation Assistance Fund law will:

 Establish the Oneida Nation Assistance Fund as an approved program of the Nation in

accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];

 Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];

 Provide the eligibility requirements for accessing assistance from the Oneida Nation

Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or

older; and submits a completed application during the designated submission timeframe

[10 O.C. 1003.5-1];

 Provide the minimum requirements for the information that must be included on the

application [10 O.C. 1003.5-3];

 Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10

O.C. 1003.5-2, 1003.5-4];

 Provide for the types of expenses that shall be considered qualifying expenditures for use

of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];

 Provide information on the funding source and who determines that amount of available

funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and

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

Provide that the Trust Enrollment Department is the department that has the responsibilities

to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7].

The Legislative Operating Committee developed the proposed amendments to the Oneida Nation

Assistance Fund law through collaboration with representatives from the Oneida Law Office,

Government Administrative Office, Finance Administration, Trust Enrollments Department, and

Intergovernmental Affairs and Communications. The Legislative Operating Committee held five

(5) work meetings on the development of the Oneida Nation Assistance Fund law.

The development of the Oneida Nation Assistance Fund law complies with all processes and

procedures required by the Legislative Procedures Act, including the development of a legislative

analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public

comment period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed Oneida Nation Assistance Fund law was held on September 2,

2022. No oral comments were provided during the public meeting. The public comment period

was then held open until September 12, 2022. The Legislative Operating Committee received one

(1) submission of written comments during the public comment period. All public comments

received were accepted, reviewed, and considered by the Legislative Operating Committee on

September 21, 2022. Any changes made based on those comments have been incorporated into

this draft.

Requested Action

Adopt the Resolution: Adoption of the Oneida Nation Assistance Fund Law

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ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Adoption of the Oneida Nation Assistance Fund Law

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 Nation Assistance Fund law (“the Law”) was adopted by the Oneida Business

Committee on an emergency basis through resolution BC-06-08-22-A; and

WHEREAS,

the purpose of the Law is to establish the Oneida Nation Assistance Fund as an approved

program of the Nation to govern how the Nation provides financial assistance to its

members, pursuant to the Oneida General Welfare law; and

WHEREAS,

the Law provides how the Oneida Nation Assistance Fund qualifies for general welfare

exclusion; and

WHEREAS,

the Law provides the eligibility requirements for accessing assistance from the Oneida

Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen

(18) or older; and submits a completed application during the designated submission

timeframe; and

WHEREAS,

the Law provides the minimum requirements for the information that must be included on

the application for assistance from the Oneida Nation Assistance Fund; and

WHEREAS,

the Law provides how and when funds from the Oneida Nation Assistance Fund are

disbursed; and

WHEREAS,

the Law provides for the types of expenses that shall be considered qualifying expenditures

for use of assistance from Oneida Nation Assistance Fund by the recipient; and

WHEREAS,

the Law provides information on the funding source and who determines that amount of

available funding to an eligible participant; and

WHEREAS,

the Law provides that the Trust Enrollment Department is the department that has the

responsibilities to administer the Oneida Nation Assistance Fund; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

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BC Resolution _____________

Adoption of the Oneida Nation Assistance Fund Law

Page 2 of 2

WHEREAS,

a public meeting on the Law was held on September 2, 2022, in accordance with the

Legislative Procedures Act, and the public comment period was held open until September

12, 2022; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on September 21, 2022; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation Assistance Fund law is hereby adopted

and shall become effective on December 7, 2022.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Adoption of the Oneida Nation Assistance Fund Law

Summary

This resolution adopts the Oneida Nation Assistance Fund law on a permanent basis in order to

establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how

the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare

law.

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

Date: October 21, 2022

Analysis by the Legislative Reference Office

This resolution adopts the Oneida Nation Assistance Fund law (“the Law”) on a permanent basis.

The Oneida Business Committee adopted the Law on an emergency basis on June 8, 2022, through

the adoption of resolution BC-06-08-22-A. The emergency adoption of the Oneida Nation

Assistance Fund law will expire on December 8, 2022. The purpose of the Law is to establish the

Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation

provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10

O.C. 1003.1-1]. The Law will:

 Establish the Oneida Nation Assistance Fund as an approved program of the Nation in

accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];

 Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];

 Provide the eligibility requirements for accessing assistance from the Oneida Nation

Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or

older; and submits a completed application during the designated submission timeframe

[10 O.C. 1003.5-1];

 Provide the minimum requirements for the information that must be included on the

application [10 O.C. 1003.5-3];

 Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10

O.C. 1003.5-2, 1003.5-4];

 Provide for the types of expenses that shall be considered qualifying expenditures for use

of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];

 Provide information on the funding source and who determines that amount of available

funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and

 Provide that the Trust Enrollment Department is the department that has the responsibilities

to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7].

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Oneida Nation Assistance Fund law complied with all processes and procedures required

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by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed Oneida Nation Assistance Fund law was held on September 2,

2022. No oral comments were provided during the public meeting. The public comment period

was then held open until September 12, 2022. The Legislative Operating Committee received one

(1) submission of written comments during the public comment period. All public comments

received were accepted, reviewed, and considered by the Legislative Operating Committee on

September 21, 2022. Any changes made based on those comments have been incorporated into

this draft.

The Oneida Nation Assistance Fund law will become effective ten (10) business days after the

adoption of this resolution in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

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

Page 2 of 2

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ONEIDA

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Analysis to Draft 1 for OBC Consideration

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ONEIDA NATION ASSISTANCE FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Law

Analysis by the Legislative Reference Office

 Establish the Oneida Nation Assistance Fund as an approved program of

the Nation in accordance with the Oneida General Welfare law. [10 O.C.

1003.4-1].



Provide how this program qualifies for general welfare exclusion. [10



Provide the eligibility requirements for accessing assistance from the

Oneida Nation Assistance Fund – which is that a person is a member of

the Nation; age eighteen (18) or older; and submits a completed

application during the designated submission timeframe. [10 O.C.



Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

O.C. 1003.4-2].

1003.5-1].

Provide the minimum requirements for the information that must be

included on the application. [10 O.C. 1003.5-3].

Provide how and when funds from the Oneida Nation Assistance Fund

are disbursed. [10 O.C. 1003.5-2, 1003.5-4].

Provide for the types of expenses that shall be considered qualifying

expenditures for use of assistance from Oneida Nation Assistance Fund

by the recipient. [10 O.C. 1003.5-5].

Provide information on the funding source and who determines that

amount of available funding to an eligible participant. [10 O.C. 1003.6-

1, 1003.6-2].

Provide that the Trust Enrollment Department is the department that has

the responsibilities to administer the Oneida Nation Assistance Fund. [10

O.C. 1003.5-6, 1003.5-7].

To establish the Oneida Nation Assistance Fund to govern how the Nation

provides financial assistance to its members, pursuant to the Oneida General

Welfare law. [10 O.C. 1003.1-1].

Oneida Business Committee, Trust Enrollment Department

A public meeting was held on September 2, 2022. The public comment period

was then held open until September 12, 2022.

A fiscal impact statement was received from the Trust Enrollment

Department Director on October 5, 2022.

The Oneida Nation Assistance Fund law was adopted on an emergency basis

on June 8, 2022, through resolution BC-06-08-22-A. The emergency

adoption of the Oneida Nation Assistance Fund law will expire on December

8, 2022.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Nation Assistance Fund law (‘the Law”) was adopted by the Nation on an

emergency basis on June 8, 2022, through resolution BC-06-08-22-A for the purpose of establishing

the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its

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Analysis to Draft 1 for OBC Consideration

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members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The emergency adoption

of the Law will expire on December 8, 2022.

B. The adoption of the Law on a permanent basis is now being sought by the Legislative Operating

Committee.

SECTION 3. CONSULTATION AND OUTREACH

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

and legislative analysis:

 Oneida Law Office;

 Government Administrative Office;

 Finance Administration;

 Trust Enrollments Department; and

 Intergovernmental Affairs and Communications.

SECTION 4. PROCESS

A. The development of this Law has followed the process set forth in the Legislative Procedures Act

(LPA).

 On June 1, 2022, the Legislative Operating Committee added the Law to is Active Files List.

 On June 1, 2022, the Legislative Operating Committee approved the Oneida Nation Assistance

Fund law emergency adoption packet and forward to the Oneida Business Committee for

consideration.

 On June 8, 2022, the Oneida Business Committee adopted the Law on an emergency basis

through the adoption of resolution BC-06-08-22-A entitled, Emergency Adoption of the Oneida

Nation Assistance Fund Law. The emergency adoption of the Law will expire on December 8,

2022.

 On July 20, 2022, the Legislative Operating Committee approved the draft and legislative

analysis for the Oneida Nation Assistance Fund law.

 On August 3, 2022, the Legislative Operating Committee approved the public meeting packet,

with updated public meeting notice, and forwarded the Oneida Nation Assistance Fund law to

a public meeting to be held on September 2, 2022.

 On September 2, 2022, the public meeting was held on Microsoft Teams. No one provided

comments during this public meeting.

 The public comment period was held open until September 12, 2022. One (1) submission of

written comments was received during the public comment period.

 On September 21, 2022, the Legislative Operating Committee accepted the public comments

and the public comment review memorandum and deferred these items to a work meeting for

further consideration.

 On October 5, 2022 the Legislative Operating Committee approved the updated public

comment review memorandum, draft, updated legislative analysis, and fiscal impact statement

request memorandum, and forwarded these materials to the Trust Enrollment Department

Director directing that a fiscal impact statement be submitted to the Legislative Operating

Committee by October 19, 2022.

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Analysis to Draft 1 for OBC Consideration

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The Legislative Operating Committee received the fiscal impact statement from the Trust

Enrollment Department Director on October 5, 2022.

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

regarding the development of this Law:

 May 12, 2022: LOC work meeting.

 May 18, 2022: LOC work meeting with the Oneida Law Office, Finance Administration,

Budget Analyst, Trust Enrollment Department, and Government Administrative Office.

 July 1, 2022: LOC work meeting with the Finance Administration, Trust Enrollment

Department, Intergovernmental Affairs and Communications, and Government Administrative

Office.

 July 28, 2022: LOC work meeting.

 September 21, 2022: LOC work meeting.

SECTION 5. CONTENTS OF THE LEGISLATION



A. Purpose and Policy. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to members, pursuant to the Oneida General

Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs

of its members. [10 O.C. 1003.1-2]. The interests of the Nation are advanced when its members remain

confident that their general welfare needs can be met. [10 O.C. 1003.1-2].

 Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide

assistance to Tribal members on a non-taxable basis through an approved program.

B. Establishment. This Law establishes the Oneida Nation Assistance Fund as an approved program of

the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida

Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General

Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements

of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1003.4-1].

C. Guidelines and Requirements. The Law provides guidelines and requirements for the Oneida Nation

Assistance Fund. The Oneida Nation Assistance Fund shall be open to any individuals who meet the

following criteria: is a member of the Nation; is age eighteen (18) or older; and submits a completed

application during the designated submission timeframe [10 O.C. 1003.5-1]. The Oneida Business

Committee shall set forth. through the adoption of a resolution. an application submission period and

disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10

O.C. 1003.5-2]. Any individual seeking assistance from the Oneida Nation Assistance Fund shall

submit an application. [10 O.C. 1003.5-3]. The Trust Enrollment Department shall make available an

Oneida Nation Assistance Fund application form and instructions. [10 O.C. 1003.5-3(a)]. The Law

provides the minimum information that is required to be provided on the application. [10 O.C. 1003.53(a)(1)(A)-(I)]. Assistance provided through the Oneida Nation Assistance Fund shall be disbursed in

accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C.

1003.5-4]. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or

check, depending on the selection made on the application by the recipient. [10 O.C. 1003.5-4].

D. Qualifying Expenditures. The Law provides that the following types of expenses shall be considered

qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient:

 costs relating to housing needs of principal residences such as:

 mortgage payments, rent payments, and down payments;

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 enhancements for habitability of housing;

 basic housing repairs or rehabilitation;

 improvements to adapt housing for special health needs;

 costs for paying utility bills and charges, including, but not limited to, the following:

 water;

 electricity;

 gas;

 basic communication services such as:

 phone

 internet; and

 cable;

 costs associated with education, including, but not limited to the following:

 transportation to and from school;

 tutors;

 supplies for use in school activities and extra-curricular activities;

 providing tuition or room and board payments;

 providing for childcare for parents seeking employment or pursuing education;

 job counseling and interviewing expenses;

 costs associated with food security;

 costs associated with home care assistance;

 costs associated with vehicle payments, maintenance, repair, and insurance;

 costs associated with medical care and transportation, room, and board costs for seeking

medical care;

 funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

 costs related to any other emergency circumstance [10 O.C. 1003.5-5].

E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,

review, and permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying

recipients and shall be responsible for maintenance of records for the Oneida Nation Assistance Fund.

[10 O.C. 1003.5-6, 1003.5-7]. The recipient shall retain receipts for the expenditure of the funds

associated with the Oneida Nation Assistance Program. [10 O.C. 1003.5-7].

F. Funding. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and

by any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1003.61]. The Oneida Business Committee shall determine the amount of assistance available to an eligible

recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2].

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

 Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation

provides assistance to eligible members on a non-taxable basis, pursuant to the principles of

the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits

to Tribal members. [10 O.C. 1001.1-1].

 The Oneida Nation Assistance Fund is hereby established as an approved program of

the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1].

Page 4 of 5

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The Oneida Nation Assistance Fund meets the requirements of the General Test as

defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2].

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six

140

(6) months after adoption on December 8, 2022. The emergency legislation may be renewed for an

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additional six (6) month period.

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of this Law on a permanent basis within the next six (6) to twelve (12) months.

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

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legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared

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by any agency who may receive funding if the legislation is enacted, any agency who may administer

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a program if the legislation is enacted, any agency who may have financial information concerning the

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subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating

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Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled,

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Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further

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clarification on who the Legislative Operating Committee may direct complete a fiscal impact

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

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impact statement.

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

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statement be completed.

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Title 10. General Welfare Exclusion - Chapter 1003

ONEIDA NATION ASSISTANCE FUND

1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Establishment

1003.5. Guidelines and Requirements

1003.6. Funding

1003.1. Purpose and Policy

1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law.

1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its

members. The interests of the Nation are advanced when its members remain confident that their

general welfare needs can be met.

1003.2. Adoption, Amendment, Repeal

1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

1003.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1003.3. Definitions

1003.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

approved program requirements.

10 O.C. 1003 – Page 1

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1003.4. Establishment

1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an

approved program of the Nation in accordance with the Oneida General Welfare law. The purpose

of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation

to address the general welfare needs of members.

1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund meets the

requirements of the General Test as defined in the Oneida General Welfare law; General Criteria

as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General

Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida

Nation Assistance Fund is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1003.5. Guidelines and Requirements

1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who

meets the following criteria:

(a) is a member of the Nation;

(b) is age eighteen (18) or older; and

1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the

adoption of a resolution an application submission period and disbursement timeframe for a

distribution of assistance from the Oneida Nation Assistance Fund.

1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation

Assistance Fund shall submit an application.

(a) The Trust Enrollment Department shall make available an Oneida Nation Assistance

Fund application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

10 O.C. 1003 – Page 2

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declaration.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Oneida Nation Assistance Fund,

either through direct deposit or check.

(b) Applicants shall complete and return the Oneida Nation Assistance Fund application

form to the Trust Enrollment Department by the deadline set through resolution by the

Oneida Business Committee in order to be eligible for assistance from the Oneida Nation

Assistance Fund.

(1) The information provided in the Oneida Nation Assistance Fund application

form may be provided to any department, division, or personnel that processes the

applications.

1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance

Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida

Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through

direct deposit, or check, depending on the selection made on the application by the recipient.

1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the

recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(1) transportation to and from school;

(2) tutors;

(3) supplies for use in school activities and extra-curricular activities;

(4) providing tuition or room and board payments;

(5) providing for childcare for parents seeking employment or pursuing education;

(6) job counseling and interviewing expenses.

(d) costs associated with food security;

(e) costs associated with home care assistance;

(f) costs associated with vehicle payments, maintenance, repair, and insurance;

(g) costs associated with medical care and transportation, room, and board costs for

seeking medical care;

(h) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

10 O.C. 1003 – Page 3

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(i) costs related to any other emergency circumstance.

1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying

recipients.

1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts

for the expenditure of the funds associated with the Oneida Nation Assistance Fund.

1003.6. Funding

1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the

Nation’s annual budget, and by any other funding source deemed necessary by the Oneida

Business Committee.

1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the

amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund

per any permitted distribution.

End.

Emergency Adopted – BC-06-08-22-A

Adopted – BC-__-__-__-__

10 O.C. 1003 – Page 4

Oneida Nation

Trust Enrollment Department

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000000

ONEIDA

MEMORANDUM

To:

Legislative Operating Committee

From:

Keith Doxtator

Date:

October 5th, 2022

Subject:

Oneida Nation Assistance Fund Law – Fiscal Impact Statement

Program Expenses

Most of the expenses from this law are outside the control of the Trust Enrollments Department.

Rather this law gives both funding source and available funding control to the Business

Committee.

In FY22, the funds were budgeted and $1,300 was paid to all members and $2,000 was paid to

members age 62+. During the last FY23 budget meeting, a higher $1,500 payment to all

members was proposed. The fiscal impact is simple: # of members eligible * payment amount:

Year

2023

2033

2043

Expected Members

17,300

16,900

15,800

Expected Elders

3,150

4,110

4,330

If we simply maintain the FY23’s budgeted amounts of $1,500 /member plus $2,000 /elder:

Year

2023

2033

2043

All Member Payment

$25,950,000

$25,350,000

$23,700,000

Elder Payment

$6,300,000

$8,220,000

$8,660,000

Total Annual Payment

$32,250,000

$33,570,000

$32,360,000

Any decision impacting membership (such as the next version of Sustain Oneida) or payment

amount may have a significant fiscal impact.

Startup Costs

Negligible

Personnel

In my original FY23 budget, I included funds to hire a second Payment Administrator.

Historically, our office paid per capita payment with two administrators. While we scaled back to

one during Covid, continuing to operate the five GWA payments we’ve been tasked is not

sustainable. I’d expect the grade to be an 8. At median, the salary is $49,296 /year, and our

department’s fringe rate is 48.2%.

909 Packerland Drive•Green Bay, WI 54303 • Mailing PO Box 365, Oneida, WI 54155-0365•920.869.6200•1.800.571.9902•Fax: 920.869.2995

TrustEnrollments@oneidanation.org•oneida-nsn.gov

Oneida Nation

Trust Enrollment Department

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000000

ONEIDA

The total additional personnel expense is $73,000 /yr.

Office Costs

Negligible

For potential consideration, I’d expect the database technology we use and the ability to

communicate with Accounting’s technology to require an upgrade in the coming years. I

understand DTS has included some allocation for this in their FY23 budget, and I’m not yet sure

if that would solve the concern or simply be the first step. Our database remains the most

streamlined way to process member information, and future upgrades may target further

efficiencies.

Documentation Costs

Negligible

Estimate of Time Necessary to Comply with Law

Already in compliance.

909 Packerland Drive•Green Bay, WI 54303 • Mailing PO Box 365, Oneida, WI 54155-0365•920.869.6200•1.800.571.9902•Fax: 920.869.2995

TrustEnrollments@oneidanation.org•oneida-nsn.gov

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

November 2, 2022

Back Pay Law

Amendments

Submission Date: 9/21/22

LOC Sponsor: Marie Cornelius

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On August 14, 2022, during executive session, the Oneida Business Committee requested

that the Legislative Operating Committee add the Back Pay law to the Active Files List, and to release the

confidential memo to the Legislative Reference Office as a confidential document.

9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the

Backpay Policy to the active files agenda and to release the confidential memo to the

Legislative Reference Office as a confidential document, seconded by David P. Jordan.

Motion carried.

9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

9/29/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

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

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

discuss the proposed draft of amendments to the Back Pay law.

10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back Pay

law and direct that a legislative analysis be completed; seconded by Daniel Guzman King.

Motion carried unanimously.

10/13/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Marie Cornelius, Clorissa N.

Leeman, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to review and discuss an additional proposed

amendments to the law.

10/19/22 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded

by Marie Cornelius. Motion carried unanimously.

Next Steps:

 Approve the public meeting packet, and forward the Back Pay law amendments to a public

meeting to be held on December 13, 2022.

Page 1 of 1

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

25 of 124

ONEIDA NATION PUBLIC MEETING NOTICE

TUESDAY, DECEMBER 13 2022, 12:15 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

BACK PAY LAW AMENDMENTS

The purpose of the Back Pay law is to set forth standards used in the reinstatement of a wrongfully terminated employee and the calculation of back pay for all employees of the Nation in

accordance with the Nation’s law .

The Back Pay law amendments will:

 Include a new section in the law which provides for the reinstatement of employee who

had a termination overturned and addresses such issues as:

 reinstatement of an employee to the position the employee was terminated from;

 requirement to hold a position pending litigation; and

 amending the position description or eliminating the position pending an employee

appeal.

 Clarify that back pay calculations shall be made using the employee’s last wage in the

position which they were terminated from.

 Clarify the circumstances in which an employee is not eligible to work, and therefore is

not eligible for back pay.

Individuals may attend the public meeting for the proposed Back Pay law amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the

public meeting through Microsoft Teams please contact LOC@oneidanation.org.

If the Norbert Hill Center’s Administrative Offices guidelines prohibits a public meeting from

being held in person on December 13, 2022, based on the COVID-19 Community levels in

Brown and Outagamie Counties, then the public meeting will be held solely on Microsoft

Teams.

PUBLIC COMMENT PERIOD CLOSES TUESDAY, DECEMBER 20, 2022

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida

Nation Secretary’s Office or the Legislative Reference Office in person,

by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Back Pay law amendments please review the public meeting packet at

oneida-nsn.gov/government/register/public meetings.

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BACK PAY LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Include a new section in the law which provides for the reinstatement of

employee who had a termination overturned and addresses such issues as:

 reinstatement of an employee to the position the employee was

terminated from [2 O.C. 206.4-1];

 requirement to hold a position pending litigation [2 O.C. 206.4-2];

 amending the position description or eliminating the position pending

an employee appeal [2 O.C. 206.4-3];

 Clarify that back pay calculations shall be made using the employee’s last

wage in the position which they were terminated from [2 O.C. 206.5-1];

 Clarify the circumstances in which an employee is not eligible to work,

and therefore is not eligible for back pay [2 O.C. 206.5-2(d)].

The purpose of this law is to set forth standards used in the reinstatement of

a wrongfully terminated employee and the calculation of back pay for all

employees of the Nation in accordance with the Nation’s law. [2 O.C. 206.11].

Oneida Law Office, General Manager, Gaming General Manager, Retail

General Manager, Human Resources Department Executive Director, Oneida

Nation Judiciary

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Back Pay law was originally adopted by the Oneida Business Committee in 2006

through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC-0813-14-C, and BC-10-26-16-A. The purpose of the Back Pay law is to set forth standards used in the

reinstatement of a wrongfully terminated employee and the calculation of back pay for all employees

of the Nation in accordance with the Nation’s law. [2 O.C. 206.1-1]. It is the policy of the Nation to

have consistent and standard procedures for the management of employee reinstatement and back pay.

[2 O.C. 206.1-2].

B. Request for Amendments. On the September 14, 2022, the Oneida Business Committee adopted a

motion to request the Legislative Operating Committee consider amendments to the Back Pay law. The

Legislative Operating Committee added this legislative item to its Active Files List on September 21,

2022.

SECTION 3. CONSULTATION AND OUTREACH

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

amendments to the Back Pay law and this legislative analysis:

 Oneida Law Office.

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

Page 1 of 5

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Analysis to Draft 2

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

Back Pay law;

Oneida Personnel Policies and Procedures;

Drug and Alcohol Free Workplace law;

Furlough law; and

Investigative Leave Policy.

SECTION 4. PROCESS

SECTION 5. CONTENTS OF THE LEGISLATION

A. The development of the proposed amendments to the Back Pay law complies with the process set forth

in the Legislative Procedures Act (LPA).

 On September 14, 2022, the Oneida Business Committee adopted a motion to request the

Legislative Operating Committee to add the Backpay Policy to the active files agenda and to

release the confidential memo to the Legislative Reference Office as a confidential document.

 On September 21, 2022, the Legislative Operating Committee added the Law to its Active Files

List.

 On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed

amendments to the Back Pay law and directed that a legislative analysis be developed.

 On October 19, 2022, the Legislative Operating Committee approved the updated draft and

legislative analysis.

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

regarding the development of the amendments to this Law:

 September 29, 2022: LOC work session; and

 October 13, 2022: LOC work session.

A. Reinstatement. A new section added to the Law through these amendments addresses reinstatement

of an employee who had a termination overturned. [2 O.C. 206.4]. This new section provides that

should an employee's appeal of a termination result in the termination being overturned, the reviewing

party shall order the employee be reinstated to the position from which the employee was wrongfully

terminated. [2 O.C. 206.4-1]. In the event the position the employee was terminated from has been

eliminated or the employee is no longer eligible for the position the employee was terminated from

based on amendments to the position description, the reviewing party shall order reinstatement to a

position within the same division of the organization the employee was terminated from that is

comparable in wage to the position the employee was terminated, to the extent it is available at the time

of the reviewing party's decision. [2 O.C. 206.4-1(a)]. Any order requiring the employee to be

reinstated to a position comparable to the position the employee was terminated from shall note the

requirement that the Human Resources Department shall make the determination that the employee is

eligible for a comparable position. [2 O.C. 206.4-1(b)]. If no comparable positions are available within

the same division of the organization the employee was terminated from that are comparable in wage

to the position the employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date of

the reviewing party's decision. [2 O.C. 206.4-1(c)]. This new section also addresses the requirement to

hold the position pending litigation by providing that when an employee is terminated and thereafter

appeals said termination, the disciplining supervisor may only fill the employee's former position with

an interim employee until the appeal has fully run its course, which includes any appeal timelines to

Page 2 of 5

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Analysis to Draft 2

2022 11 02

the area manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-2]. Additionally, this section

of the Law provides that notwithstanding the requirement to hold the terminated employee's position

pending an employee's appeal of their termination as provided in section 206.4-2, a supervisor or

business unit may amend the affected position description or eliminate the affected position while an

employment appeal is pending where such actions are required to meet the Nation's business and

employment needs. [2 O.C. 206.4-3]. The determination to amend an affected position description or

eliminate an affected position shall be approved by the Human Resources Department Executive

Director and either the General Manager, Gaming General Manager, Retail General Manager, or the

highest position in the employee’s chain of command for non-divisional employees. Id.

 Effect. The overall purpose of this new section to the Law is to provide direction and clarification

on how the reinstatement of an employee who had a termination overturned is handled, so that it

can be handled in a consistent manner throughout the Nation.

B. Back Pay Calculations. The proposed amendments to the Law clarify that back pay calculations shall

be made using the employee’s last wage in the position which they were terminated from. [2 O.C.

206.5-1].

 Effect. This provision of the Law clarifies how back pay is calculated.

C. Explanation of When an Employee is Not Eligible to Work. The Law provides that the Nation shall

not include time when an employee would not have been eligible to work in the calculation of any back

pay amount. [2 O.C. 206.5-2(d)]. The proposed amendments to the Law provides greater clarification

by providing a list of examples of when an employee is not eligible to work, which includes such

circumstances such as when an employee is on layoff or furlough status at the time of termination;

when a position is eliminated or inactive as part of the Nation’s response to a financial force majeure

event including, but not limited to, responses to war, global health pandemics, and/or any substantial

loss of revenue or funding; and when an employee would otherwise not be eligible to work in the

position from which they were terminated in accordance with the position description based on

applicable grant requirements when a position is grant funded, applicable laws of the Nation, including,

but not limited to, the Vehicle Driver Certification and Fleet Management law, and a criminal

conviction. [2 O.C. 206.5-2(d)(1)-(3)].

 Effect. This provision of the Law clarifies when it should be considered that an employee is not

eligible to work, and therefore is not eligible for back pay.

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SECTION 6. EXISTING LEGISLATION

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

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

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

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

and enterprise rules and regulations, and record keeping.

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

complaints, disciplinary actions and grievances. Section V.D.6 provides that any employee

who receives a disciplinary action which he/she believes is unfair may grieve the action.

Section V.D.6.f.5 then provides that the Oneida Personnel Commission may: uphold the

disciplinary action; or overturn the disciplinary action and either reinstate the employee with

full back pay for any lost time or reinstate the employee without back pay.

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

 The Back Pay law will now address the reinstatement of an employee who has a termination

overturned in section 206.4, as well as provide greater clarification on how back pay is

calculated in section 206.5.

Drug and Alcohol Free Workplace Law. It is the policy of the Nation to establish a drug and

alcohol-free workplace program that balances respect for individuals with the need to maintain an

alcohol and drug-free environment. [2 O.C. 202.1-1].

 The Drug and Alcohol Free Workplace law provides that it is the employee’s responsibility to

cooperate with the requests made by Employee Health Nursing and the Medical Review

Officer. [2 O.C. 202.5-2(e)]. An employee who fails to cooperate and does not contact the

MRO within twenty-four (24) hours of receiving contact shall not receive back pay for any

time between the date the MRO placed the call until the time the employee does return the call

of the MRO. Id.

 The Drug and Alcohol Free Workplace law provides that during drug and alcohol testing for

reasonable suspicion, an employee shall be immediately removed from duty without pay at the

time of initiation of the reasonable suspicion drug and alcohol testing and specimen collection

until the employer is notified by Employee Health Nursing of negative results on both the drug

and alcohol tests, or Medical Review Officer verified negative test results. [2 O.C. 202.10-2].

If the employee is reinstated after confirmation of drug and alcohol testing results, back pay

shall be provided in accordance with the Back Pay law. [2 O.C. 202.10-3].

Furlough Law. The purpose of the Furlough law is to enable the Nation to implement a furlough

program in response to an interruption of governmental revenues or operations, insufficient treasury

funds or other emergencies/ unplanned events as determined by the Oneida Business Committee in

accordance with this law; establish a consistent and equitable process for implementation of a

furlough program; and incorporate Indian preference into the furlough program and require that it

be applied in accordance with this law. [2 O.C. 205.1-1].

 The Furlough law provides that except when an employee successfully appeals being placed

on furlough status in violation of this law, employees placed in furlough status shall not be

eligible for back pay upon their return to work. [2 O.C. 205.8-6].

Investigative Leave Policy. The purpose of the Investigative Leave Policy is to address

investigative leave for employees undergoing work-related investigations. [2 O.C. 208.1-1].

 The Investigative Leave Policy provides that an employee placed on investigative leave shall

not receive any wages or benefits unless placed in an alternative work assignment, and that if

the employee refuses the alternative work assignment and is returned to work, the employee

shall not receive any back pay or benefits. [2 O.C. 208.10-2].

 The Investigative Leave Policy provides that an employee shall receive back pay and benefits

for the time the employee was on investigative leave pursuant to the Back Pay law if all of the

following occur: the employee was not offered an alternative work assignment when placed on

investigative leave; the employee is returned to his or her position; and the employee is not

disciplined based on the investigation. [2 O.C. 208.10-4].

SECTION 7. OTHER CONSIDERATIONS

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

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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

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

completing the fiscal impact statement.

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

statement be completed.

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Title 2. Employment – Chapter 206

BACK PAY

Tashakotik@lyahke> kayanl^hsla>

back pay law

BACK PAY AND REINSTATEMENT

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Back Pay Calculation

206.5. Back Pay Process

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Reinstatement

206.5. Back Pay Calculation

206.6. Back Pay Process

206.1. Purpose and Policy

206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a

wrongfully terminated employee and the calculation of back pay for all employees of the Nation

in accordance with the Nation’s law.

206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the

management of employee reinstatement and back pay.

206.2. Adoption, Amendment, Appeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

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

206.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

206.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and

Bylaws of the Oneida Nation.

(a)(b) “Advocate” means a non-attorney person as provided by law and other person who

is admitted to practice law and is presented to the court as the representative or advisor to

a party.

(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to

compensate the employee as determined by the formulas set forth within this law.

(c)(d) “Consequential damages” means damages that are not a direct and immediately

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result of an act, but a consequence of the initial act, including but not limited to penalties

on early withdrawal of retirement account.

(d) “Consultant” means a professional who is contracted externally whose expertise is

provided on a temporary basis for a fee.

(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit

increases, bonuses and incentives, employment benefits and income received during the

back pay period.

(f) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to;, an individual employed by any program or enterprise of the Nation, but

does not include elected or appointed officials, or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not limited

to, investigative leave, suspension or termination.

(h) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V

of the Constitution and Bylaws of the Oneida Nation.

(i) “Nation” means the Oneida Nation.

(j) “Punitive damages” means monetary compensation awarded to an injured party that

goes beyond that which is necessary to compensate the individual for losses and that is

intended to punish the other party.

(k) “Reviewing party” means the area manager or the Trial Court.

(l) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to

administer the judicial authorities and responsibilities of the Nation by Oneida General

Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the

Constitution and Bylaws of the Oneida Nation.

206.4. Reinstatement

206.4-1. Reinstatement to the Position the Employee was Terminated From. Should an employee's

appeal of a termination result in the termination being overturned, the reviewing party shall order

the employee be reinstated to the position from which the employee was wrongfully terminated.

(a) In accordance with section 206.4-3, in the event the position the employee was

terminated from has been eliminated or the employee is no longer eligible for the position

the employee was terminated from based on amendments to the position description, the

reviewing party shall order reinstatement to a position within the same division of the

organization the employee was terminated from that is comparable in wage to the position

the employee was terminated, to the extent it is available at the time of the reviewing party's

decision.

(b) Any order requiring the employee to be reinstated to a position comparable to the

position the employee was terminated from shall note the requirement that the Human

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Resources Department shall make the determination that the employee is eligible for a

comparable position.

the employee was terminated from that are comparable in wage to the position the

employee was terminated from, or if the employee is not eligible for the comparable

position, the order to reinstate shall be deemed satisfied and the back pay end date shall be

the date of the reviewing party's decision.

206.4-2. Requirement to Hold the Position Pending Litigation. When an employee is terminated

and thereafter appeals said termination, the disciplining supervisor may only fill the employee's

former position with an interim employee until the appeal has fully run its course, which includes

any appeal timelines to the area manager, the Trial Court, or the Appellate Court.

206.4-3. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold the terminated employee's position pending an

employee's appeal of their termination as provided in section 206.4-2, a supervisor or business unit

may amend the affected position description or eliminate the affected position while an

employment appeal is pending where such actions are required to meet the Nation's business and

employment needs. The determination to amend an affected position description or eliminate an

affected position shall be approved by the Human Resources Executive Director and either the

General Manager, Gaming General Manager, Retail General Manager, or the highest position in

the employee’s chain of command for non-divisional employees.

206.5. Back Pay Calculation

206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall

be made using the employee's last wage in the position which they were terminated from. Back

pay, in all circumstances, shall be limited to the calculation set forth in this Section as they relate

to the employee. section. Back pay shall include and be subject to the following as it is related to

the employee:

(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for

vacation/ and personal time which would have accrued during the back pay period.

(1) Reinstated employees shall be credited for vacation/ and personal time. If the

crediting of vacation/ and personal time would result in the employee exceeding

the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount

over that cap shall be provided as a cash payout. Non-reinstated employees shall

be paid out vacation/ and personal time in lieu of crediting personal/ and vacation

time.

(b) Shift Differential. Shift differential shall be included in the back pay amount to the

extent it is a part of the employee’s regularly scheduled hours.

shall be included in the total back pay amount at the same tip rate that other employees in

the same position and on the same shift received on the same dates.

(1) If the employee received individual tips at the time of involuntary separation,

the employee shall be ineligible for tips during the back pay period.

(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the

employee would have received such pay if the employee had not been involuntarily

separated.

(e) Merit Increases. The hourly rate used to calculate back pay shall be increased

according to the merit increase system/ or standard used by the employee’s supervisor

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during the back pay period and willshall include any increases from Oneida Business

Committee or General Tribal Council directives.

(1) The effective date of the employee’s merit increase shall be the same as the

effective date for other employees in the same department. Retroactive increases

shall be calculated back to the retroactive date used for other employees in the same

department.

(2) The most recent performance review issued to the employee prior to being

involuntarily separated shall be used to determine the level of merit increase.

However, if the employee appealed the performance review to the Human Resource

Department Manager prior to involuntary separation, a method under the Nation’s

laws, rules and policies shall be used to determine the merit increase.

(f) Bonuses and Incentives. All bonus and incentive payments for which the employee

would have been eligible during the back pay period shall be included in the total back pay

amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.

winter gift) or other non-monetary benefits, such as clothing allowance.

(g) Employment Benefits. Employee benefits shall be subject to the provisions in this

section.

(1) Insurance Benefits. Coverage by the Nation for health insurance, dental

insurance, vision insurance, life insurance, long-term disability and short-term

disability coverage shall continue during an involuntary separation, except in the

event of a termination where the coverage willshall discontinue. The Nation shall

deduct the employee’s share of premiums paid from any back pay award.

(A) If the employee’s circumstances have changed during the back pay period

and such circumstances affect the employee’s insurance needs, the employee

shall notify the Nation of such changes at the time of reinstatement.

(B) An employee who is reinstated shall sign a waiver from Purchased

Referred Care authorizing a review of the back pay period to determine if

Purchased Referred Care services were rendered. If Purchased Referred Care

determines services were rendered during the back pay period, an employee

shall timely submit insurance information to Purchased Referred Care in

order for Purchased Referred Care to retroactively bill the insurance provider

to recoup funds for those services rendered during the back pay period.

Referred Care, the employee willshall not be eligible to receive any back pay

award.

(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing

to the Nation’s flexible benefit plan at the time of termination, the status of the

employee’s flex benefit plan shall be subject to the provisions of the Internal

Revenue Code.

(3) Retirement Benefit Contributions. In the event the employee was participating

in the Nation’s retirement plan at the time of involuntary separation, the employee

shall be responsible for contacting the retirement plan administrator and

reactivating contributions.

(A) The employee may choose whether to have the employee’s contribution

to the retirement plan that would have been made during the back pay period

deducted from the total back pay amount and deposited into the employee’s

retirement account.

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(B) If the employee was eligible for employer matching contributions at the

time of involuntary separation and the employee chooses to make a

contribution through back pay, the Nation shall contribute the employer

match into the employee’s retirement account.

chooses not to make contributions through the back pay process, then the

Nation shall not make employer match contributions into the employee’s

retirement account.

(h) Income Received During the Back Pay Period.

(1) Unemployment Benefits. Depending upon the unemployment compensation

financing option elected by the Nation, either:

(A) Any unemployment compensation paid by the Nation to the State of

Wisconsin for an involuntarily separated employee shall be deducted from

the employee’s back pay award; or

(B) The employee is directly responsible for the reimbursement to the State

of Wisconsin. The Nation shall send a copy of the completed and signed

settlement agreement to the appropriate state department. The state then may

determine the amount, if any, of unemployment compensation benefits

received during the back pay period should be repaid.

(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be

deducted from the total back pay amount.

(A) The employee shall provide information to verify the amount of or lack

of earned income and sign an affidavit attesting to the amount of or lack of

earned income.

(B) If the employee worked an additional job prior to being involuntarily

separated and continued working in the same capacity, the income earned

from that employment shall not be deducted from the total back pay amount

to the extent that the income is consistent with pre-involuntary separation

earnings. Where the employee worked the additional job, the employee shall

provide information from the employer to verify the income earned before

and during the back pay period.

206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay

amount:

(a) Punitive damages;

(b) Consequential damages;

(d) Time when the employee would not have been eligible to work;. An employee is not

eligible to work in circumstances including, but not limited to, the following:

(1) When an employee is on layoff or furlough status at the time of termination;

(2) When a position is eliminated or inactive as part of the Nation’s response to a

financial force majeure event including, but not limited to:

(A) responses to war;

(B) global health pandemics; and

(3) When an employee would otherwise not be eligible to work in the position from

which they were terminated from in accordance with the position description based

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on:

(A) applicable grant requirements when the position is grant funded;

(B) applicable laws of the Nation including, but not limited to, the Vehicle

Driver Certification and Fleet Management law; and

(e) Monies normally paid for additional duties while working where an alternate employee

assumed that function while the employee was involuntarily separated, unless the

additional duties are a part of such involuntarily separated employee’s regular schedule.

206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is

involuntarily separated and ends on the day the employee is reinstated.

(a) If the employee is reinstated but refuses to return to work, the back pay period ends on

the date reinstatement would have taken effect, but was refused by the employee.

(b) Back pay shall be calculated by taking the employee’s average hours worked during

the fifty-two (52) week period immediately preceding the date of the involuntary separation

and divide that amount by the number of weeks worked.

(1) If the employment prior to the involuntary separation was less than fifty-two

(52) weeks, the back pay shall be calculated by taking the employee’s average hours

worked and divide that amount by the number of weeks worked.

(2) If the involuntary separation period involves a fractional week, the indemnity

shall be paid for each day of a fractional week at the rate of the average number

of hours worked per day immediately prior to the involuntary separation. For the

purposes of this section, immediately prior means the twelve (12) full work weeks

immediately preceding the involuntary separation. Provided that, under extenuating

circumstances related to business needs of the Nation wherein the Oneida Law

Office determines that considering hours worked per day immediately prior would

be unfair, an alternative reasonable timeframe may be used.

206.56. Back Pay Process

206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose

of implementing this law.

206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in

providing information needed to assemble and prepare the back pay agreement.

206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)

calendar days, starting the day after the party to the grievance action provides to the Oneida Law

Office a judgment ordering back pay or the results of an investigation or test showing the employee

is cleared of any wrongdoing.

206.56-4. An employee not receiving back pay in accordance with the back pay agreement may

seek enforcement by the Judiciary.

End.

Adopted - BC-05-24-06-PP

Amended - BC-06-23-10-F

Amended - BC-08-13-14-C

Amended - BC-10-26-16-A

Amended – BC-__-__-__-__

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Title 2. Employment – Chapter 206

Tashakotik@lyahke> kayanl^hsla>

back pay law

BACK PAY AND REINSTATEMENT

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Reinstatement

206.5. Back Pay Calculation

206.6. Back Pay Process

206.1. Purpose and Policy

206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a

wrongfully terminated employee and the calculation of back pay for all employees of the Nation

in accordance with the Nation’s law.

206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the

management of employee reinstatement and back pay.

206.2. Adoption, Amendment, Appeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

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

206.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

206.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and

Bylaws of the Oneida Nation.

(b) “Advocate” means a non-attorney person as provided by law and other person who is

admitted to practice law and is presented to the court as the representative or advisor to a

party.

compensate the employee as determined by the formulas set forth within this law.

(d) “Consequential damages” means damages that are not a direct and immediately result

of an act, but a consequence of the initial act, including but not limited to penalties on early

withdrawal of retirement account.

(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit

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increases, bonuses and incentives, employment benefits and income received during the

back pay period.

(f) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to, an individual employed by any program or enterprise of the Nation but

does not include elected or appointed officials, or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not limited

to investigative leave, suspension or termination.