# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A74a9b9a89147919a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 124 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. I. 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 V. 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. 2 of 124 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES 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), I. 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 3 of 124 V. 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 Page 2 of 2 4 of 124 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. Page 1 of 3 A good mind. A good heart. A strong fire. 5 of 124 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. A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 6 of 124 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. Page 3 of 3 ~ ONEIDA 7 of 124 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: 1. 2. 3. 4. 5. 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 Page 1 of 2 A good mind. A good heart. A strong fire. 8 of 124  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 Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA Oneida Nation 9 of 124 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Adoption of the Oneida Nation Assistance Fund Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 10 of 124 BC Resolution _____________ Adoption of the Oneida Nation Assistance Fund Law Page 2 of 2 42 43 44 45 46 47 48 49 50 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. 11 of 124 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 Page 1 of 2 A good mind. A good heart. A strong fire. 12 of 124 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 A good mind. A good heart. A strong fire. ~ ONEIDA 13 of 124 Analysis to Draft 1 for OBC Consideration 2022 11 02 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 1 2 3 4 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 Page 1 of 5 14 of 124 Analysis to Draft 1 for OBC Consideration 2022 11 02 5 6 7 8 9 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. 10 11 12 13 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Page 2 of 5 15 of 124 Analysis to Draft 1 for OBC Consideration 2022 11 02 47 48 49 50 51 52 53 54 55 56 57 58 59 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. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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; Page 3 of 5 16 of 124 Analysis to Draft 1 for OBC Consideration 2022 11 02 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126  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]. 127 128 129 130 131 132 133 134 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 17 of 124 Analysis to Draft 1 for OBC Consideration 2022 11 02 135 136 137 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]. 138 SECTION 7. OTHER CONSIDERATIONS 139 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 141 additional six (6) month period. 142  Conclusion: The Legislative Operating Committee will need to consider the development and 143 adoption of this Law on a permanent basis within the next six (6) to twelve (12) months. 144 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 145 legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared 146 by any agency who may receive funding if the legislation is enacted, any agency who may administer 147 a program if the legislation is enacted, any agency who may have financial information concerning the 148 subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating 149 Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled, 150 Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further 151 clarification on who the Legislative Operating Committee may direct complete a fiscal impact 152 statement at various stages of the legislative process, as well as timeframes for completing the fiscal 153 impact statement. 154  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact 155 statement be completed. 156 Page 5 of 5 18 of 124 Draft 1 for OBC Consideration 2022 11 23 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. (c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business 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 19 of 124 Draft 1 – PM Draft 2022 08 25 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 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; (c) does not discriminate in favor of members of the governing body 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 (c) submits a completed application during the designated submission timeframe. 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; (C) street address, city, state, zip code; (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 20 of 124 Draft 1 – PM Draft 2022 08 25 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 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 (C) cable; (c) costs associated with education including, but not limited to: (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 21 of 124 Draft 1 – PM Draft 2022 08 25 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 (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 22 of 124 "' 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 23 of 124 "' 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 24 of 124 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. ft For more information on the proposed Back Pay law amendments please review the public meeting packet at oneida-nsn.gov/government/register/public meetings. 26 of 124 Analysis to Draft 2 2022 11 02 BACK PAY LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 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. 13 14 15 16 17 18 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 27 of 124 Analysis to Draft 2 2022 11 02 19 20 21 22 23 24      Back Pay law; Oneida Personnel Policies and Procedures; Drug and Alcohol Free Workplace law; Furlough law; and Investigative Leave Policy. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 4. PROCESS 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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 28 of 124 Analysis to Draft 2 2022 11 02 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 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. 93 94 95 96 97 98 99 100 101 102 103 104 105 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. Page 3 of 5 29 of 124 Analysis to Draft 2 2022 11 02 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149     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 Page 4 of 5 30 of 124 Analysis to Draft 2 2022 11 02 150 151 152 153 154 155 Act,” provides further clarification on who the Legislative Operating Committee may direct complete a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement.  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact statement be completed. Page 5 of 5 31 of 124 Draft 2 (Redline to Current) – PM Draft 2022 12 13 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 206.2. 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 2 O.C.206 – Page 1 32 of 124 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Draft 2 (Redline to Current) 2022 10 19 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 2 O.C.206 – Page 2 33 of 124 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Draft 2 (Redline to Current) 2022 10 19 Resources Department shall make the determination that the employee is eligible for a comparable position. (c) 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. 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. (c) Tips. If the employee received pooled tips at the time of involuntary separation, tips shall be included in the total back pay amount at the same tip rate that other employees in the same position and on the same shift received on the same dates. (1) If the employee received individual tips at the time of involuntary separation, the employee shall be ineligible for tips during the back pay period. (d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the employee would have received such pay if the employee had not been involuntarily separated. (e) Merit Increases. The hourly rate used to calculate back pay shall be increased according to the merit increase system/ or standard used by the employee’s supervisor 2 O.C.206 – Page 3 34 of 124 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 Draft 2 (Redline to Current) 2022 10 19 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. (C) If the employee refuses to sign an authorization waiver from Purchased 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. 2 O.C.206 – Page 4 35 of 124 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 Draft 2 (Redline to Current) 2022 10 19 (B) If the employee was eligible for employer matching contributions at the time of involuntary separation and the employee chooses to make a contribution through back pay, the Nation shall contribute the employer match into the employee’s retirement account. (C) If the employee was not participating in the Nation’s retirement plan or chooses not to make contributions through the back pay process, then the Nation shall not make employer match contributions into the employee’s retirement account. (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; (c) Attorney’s or advocate’s fees; (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 (C) any substantial loss of revenue or funding; 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 2 O.C.206 – Page 5 36 of 124 Draft 2 (Redline to Current) 2022 10 19 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 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 (C) a criminal conviction; (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-__-__-__-__ 2 O.C.206 – Page 6 37 of 124 Draft 2 – PM Draft 2022 12 13 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 206.5. 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. (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. (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 2 O.C.206 – Page 1 38 of 124 Draft 2 2022 10 19 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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 Resources Department shall make the determination that the employee is eligible for a comparable position. (c) 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 2 O.C.206 – Page 2 39 of 124 Draft 2 2022 10 19 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 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 206.5-1. Back Pay Limitations. Back pay calculations 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. 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. (c) Tips. If the employee received pooled tips at the time of involuntary separation, tips shall be included in the total back pay amount at the same tip rate that other employees in the same position and on the same shift received on the same dates. (1) If the employee received individual tips at the time of involuntary separation, the employee shall be ineligible for tips during the back pay period. (d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the employee would have received such pay if the employee had not been involuntarily separated. (e) Merit Increases. The hourly rate used to calculate back pay shall be increased according to the merit increase system or standard used by the employee’s supervisor during the back pay period and shall 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 2 O.C.206 – Page 3 40 of 124 Draft 2 2022 10 19 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 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 shall discontinue. The Nation shall deduct the employee’s share of premiums paid from any back pay award. (A) If the employee’s circumstances have changed during the back pay period and such circumstances affect the employee’s insurance needs, the employee shall notify the Nation of such changes at the time of reinstatement. (B) An employee who is reinstated shall sign a waiver from Purchased Referred Care authorizing a review of the back pay period to determine if Purchased Referred Care services were rendered. If Purchased Referred Care determines services were rendered during the back pay period, an employee shall timely submit insurance information to Purchased Referred Care in order for Purchased Referred Care to retroactively bill the insurance provider to recoup funds for those services rendered during the back pay period. (C) If the employee refuses to sign an authorization waiver from Purchased Referred Care, the employee shall not be eligible to receive any back pay award. (2) Flexible Benefit Plan Contributions. If a terminated employee was contributing to the Nation’s flexible benefit plan at the time of termination, the status of the employee’s flex benefit plan shall be subject to the provisions of the Internal Revenue Code. (3) Retirement Benefit Contributions. In the event the employee was participating in the Nation’s retirement plan at the time of involuntary separation, the employee shall be responsible for contacting the retirement plan administrator and reactivating contributions. (A) The employee may choose whether to have the employee’s contribution to the retirement plan that would have been made during the back pay period deducted from the total back pay amount and deposited into the employee’s retirement account. (B) If the employee was eligible for employer matching contributions at the time of involuntary separation and the employee chooses to make a contribution through back pay, the Nation shall contribute the employer match into the employee’s retirement account. (C) If the employee was not participating in the Nation’s retirement plan or chooses not to make contributions through the back pay process, then the Nation shall not make employer match contributions into the employee’s 2 O.C.206 – Page 4 41 of 124 Draft 2 2022 10 19 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 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 206.51(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. 206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay amount: (a) Punitive damages; (b) Consequential damages; (c) Attorney’s or advocate’s fees; (d) Time when the employee would not have been eligible to work. 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 (C) any substantial loss of revenue or funding; 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 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 (C) a criminal conviction; (e) Monies normally paid for additional duties while working where an alternate employee assumed that function while the employee was involuntarily separated, unless the 2 O.C.206 – Page 5 42 of 124 Draft 2 2022 10 19 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 additional duties are a part of such involuntarily separated employee’s regular schedule. 206.5-3. 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. 206.6. Back Pay Process 206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of implementing this law. 206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in providing information needed to assemble and prepare the back pay agreement. 206.6-3. 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. 206.6-4. 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-__-__-__-__ 2 O.C.206 – Page 6 43 of 124 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee October 19, 2022 Emergency Management Law Amendments Submission Date: 7/6/22 LOC Sponsor: Marie Cornelius Public Meeting: N/A Emergency Enacted: 9/14/22 Summary: During the June 24, 2022, Storm Emergency Debrief session between the Oneida Business Committee and the Emergency Management Director it was identified that amendments would be needed to the Emergency Management law to address the composition of the Oneida Emergency Planning Committee. Some of the positions identified in the ONEPC Bylaws are direct reports to the Oneida Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law provides that direct reports to the Oneida Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and Communications are ineligible to serve on an appointed or elected boards, committee, or commission of the Nation. An exemption to this prohibition needs to be included for the Oneida Nation Emergency Planning Committee since it is essential that direct reports and employees of those designated areas participate on this committee. The Oneida Business Committee adopted emergency amendments to the Emergency Management law on September 14, 2022, through the adoption of resolution BC-09-14-22-B. These emergency amendments will expire on March 14, 2022. 7/6/22 LOC: Motion by Daniel Guzman King to add the Emergency Management law emergency amendments to the Active Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion carried unanimously. 7/18/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss a plan for addressing amendments to the Emergency Management law and the Oneida Nation Emergency Planning Committee Bylaws. 8/2/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss policy issues that need to be addressed in the amendments to the Emergency Management law and the Oneida Nation Emergency Planning Committee bylaws amendments. 8/25/22: Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke Doxtator, Mark Powless, Kaylynn Gresham, Carolyn Salutz, Grace Elliot. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss the draft of proposed amendments to the Emergency Management law and accompanying resolution. Page 1 of 2 A good mind. A good heart. A strong fire. 44 of 124 8/25/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliot. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss the draft of proposed amendments to the Emergency Management law. 8/30/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Kirby Metoxen, Clorissa N. Santiago, Rhiannon Metoxen, Kristal Hill, Grace Elliot, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss the draft of proposed amendments to the Emergency Management law. 9/7/22 LOC: Motion by Kirby Metoxen to approve the Emergency Management law emergency amendments adoption packet and forward to the Oneida Business Committee for consideration; seconded by Marie Summers. Motion carried unanimously. 9/14/22 OBC: Motion by Lisa Liggins to adopt resolution entitled 09-14-22-B Emergency Amendments to the Emergency Management Law, seconded by Marie Cornelius. Motion carried. 10/4/22: Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark Powless, Melissa Alvarado, Derrick King, Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to begin discussion on the development of the Emergency Management Operations Team SOP as required by resolution BC-09-14-22-B. 10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Emergency Management law and direct that a legislative analysis be completed; seconded by Daniel Guzman King. Motion carried unanimously. 10/19/22 LOC: Motion by Jennifer Webster to approve the legislative analysis of the Emergency Management law; seconded by Marie Cornelius. Motion carried unanimously. Next Steps:  Approve the public meeting packet, and forward the Emergency Management law amendments to a public meeting to be held on December 13, 2022. A good mind. A good heart. A strong fire. Page 2 of 2 ~ ONEIDA 45 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 EMERGENCY MANAGEMENT LAW AMENDMENTS The purpose of the Emergency Management law is to provide for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; to provide for the direction of emergency management, response, and recovery on the Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to establish the use of the National Incident Management System (NIMS); and to designate authority and responsibilities for public health preparedness. The Emergency Management law amendments will:       Eliminate the Oneida Nation Emergency Planning Committee and replace it with an Emergency Management Operations Team. Provide that members of the Emergency Management Operations Team shall attend meetings, or send a designee in their absence, and comply with any training requirements set forth by the Emergency Management Director. Require that within forty-eight (48) hours of an emergency, the Emergency Management Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing to be presented to the Oneida Business Committee regarding the status of the emergency, actions taken to address the emergency, and the activation of the Emergency Response Plan. Allow the Oneida Business Committee to direct the Emergency Management Director to provide additional emergency briefings to the Oneida Business Committee. Require that within thirty (30) days of an emergency subsiding, unless additional time is granted by the Oneida Business Committee, the Emergency Management Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, a preliminary emergency assessment report to be presented to the Oneida Business Committee, any interested entity, and the public. Extend the amount of time for the Emergency Management Director to prepare and present an afteraction report to the Oneida Business Committee, any interested entity, and the public, from sixty (60) days to ninety (90) days . Individuals may attend the public meeting for the proposed Emergency Management 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 email. For more information on the proposed Emergency Management law amendments please review the public meeting packet at oneida-nsn.gov/government/register/public meetings. 46 of 124 Analysis to Draft 1 2022 11 02 EMERGENCY MANAGEMENT LAW AMENDMENTS 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 ▪ Eliminate the Oneida Nation Emergency Planning Committee and replace it with an Emergency Management Operations Team. [3 O.C. 302.5-1]; ▪ Provide that members of the Emergency Management Operations Team shall attend meetings, or send a designee in their absence, and comply with any training requirements set forth by the Emergency Management Director. [3 O.C. 302.5-3]; ▪ Require that within forty-eight (48) hours of an emergency, the Emergency Management Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing to be presented to the Oneida Business Committee regarding the status of the emergency, actions taken to address the emergency, and the activation of the Emergency Response Plan. [3 O.C. 302.8-4]; ▪ Allow the Oneida Business Committee to direct the Emergency Management Director to provide additional emergency briefings to the Oneida Business Committee. [3 O.C. 302.8-4]; ▪ Require that within thirty (30) days of an emergency subsiding, unless additional time is granted by the Oneida Business Committee, the Emergency Management Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, a preliminary emergency assessment report to be presented to the Oneida Business Committee, any interested entity, and the public. [3 O.C. 302.8-5]; ▪ Extend the amount of time for the Emergency Management Director to prepare and present an after-action report to the Oneida Business Committee, any interested entity, and the public, from sixty (60) days to ninety (90) days. [3 O.C. 302.8-6]. To provide for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; to provide for the direction of emergency management, response, and recovery on the Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to establish the use of the National Incident Management System (NIMS); and to designate authority and responsibilities for public health preparedness. [3 O.C. 302.1-1] Emergency Management Operations Team, Emergency Management Director, Oneida Business Committee A public meeting has not yet been held. A fiscal impact statement has not yet been requested. Emergency legislation expires six (6) months after adoption and may be renewed for an additional six (6) month period. The emergency amendments to this law will expire on March 14, 2022. Page 1 of 7 47 of 124 Analysis to Draft 1 2022 11 02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Emergency Management law (“the Law”) was first adopted by the Oneida Business Committee on July 15, 1998,(formally known as the Emergency Management and Homeland Security law) and most recently amended on March 10, 2021. The Law provides for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; to provide for the direction of emergency management, response, and recovery on the Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to establish the use of the National Incident Management System (NIMS); and to designate authority and responsibilities for public health preparedness. [3 O.C. 302.1-1]. B. Adoption of Emergency Amendments. On June 15, 2022, the Oneida Nation and surrounding areas experienced a severe thunderstorm, high winds and tornados affecting power, damaging homes and businesses, and impacting access through downed trees causing multiple buildings and much of the programs and services of the Nation to be negatively impacted through damage to buildings, lack of power and utilities, and inability of employees to come to work as a result of the same impact on their homes. The Oneida Business Committee declared an emergency resulting from the damages caused by the June 15, 2022, severe weather through the adoption of resolution BC-06-20-22-A, Declaration of Emergency Resulting from the Damages Caused by the June 15, 2022, Severe Weather and Tornado. On June 24, 2022, the Oneida Business Committee storm held an emergency debrief session with the Emer [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A74a9b9a89147919a. Public record. Not legal advice.