Oneida Business Committee (2018)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, April 24, 2018

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, April 25, 2018

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I.

CALL TO ORDER AND ROLL CALL

II.

OPENING

A. Special Recognition for years of service – Twenty-two (22) Oneida Nation employees

Sponsor: Geraldine Danforth, Area Manager/HRD

III.

ADOPT THE AGENDA

IV.

OATHS OF OFFICE

A. Oneida Nation Arts Board – Susan Danforth

B. Oneida Environmental Resource Board – Megan White

C. Oneida Pow-wow Committee – Jeremy King

D. Oneida Nation School Board – Shannon Metoxen

V.

MINUTES

A. Approve April 11, 2018, regular meeting minutes

Sponsor: Lisa Summers, Secretary

VI.

RESOLUTIONS

A. Adopt resolution entitled Proclamation of Appreciation

Sponsor: Kirby Metoxen, Councilman

B. Adopt resolution entitled Older Americans Month 2018

Sponsor: George Skenandore, Division Director/Governmental Services

Oneida Business Committee

Regular Meeting Agenda

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April 25, 2018

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C. Adopt resolution entitled Contribution to the Experience Greater Green Bay

Sponsor: Nathan King, Director/ Legislative Affairs

D. Adopt resolution entitled Military Service Employee Protection Act Emergency

Amendments

Sponsor: David P. Jordan, Councilman

E. Adopt resolution entitled Oneida Judiciary Rules of Civil Procedure Emergency

Amendments

Sponsor: David P. Jordan, Councilman

F. Adopt resolution entitled Oneida Personnel Policies and Procedures Emergency

Amendments

Sponsor: David P. Jordan, Councilman

G. Adopt resolution entitled Employee Protection Policy Emergency Amendments

Sponsor: David P. Jordan, Councilman

H. Adopt resolution entitled Transition Plan for the Transfer of Hearing Authority from the

Personnel Commission to the Judiciary – Trial Court

Sponsor: David P. Jordan, Councilman

VII.

STANDING COMMITTEES

A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Chair: Ernie Stevens III, Councilman

1. Accept March 8, 2018, Community Development Planning Committee meeting minutes

B. FINANCE COMMITTEE

Chair: Trish King, Treasurer

1. Approve April 20, 2018, Finance Committee meeting minutes

C. LEGISLATIVE OPERATING COMMITTEE

Chair: David P. Jordan, Councilman

1. Accept April 2, 2018, Legislative Operating Committee meeting minutes

2. Accept June 18, 2018, special GTC meeting materials – Employment Law

3. Adopt Domestic Animals law rule # 1 – Licensing Fees, Fines and Penalties

D. QUALITY OF LIFE COMMITTEE

Chair: Brandon Stevens, Vice-Chairman

1. Accept March 15, 2018, Quality of Life Committee meeting minutes

VIII.

APPOINTMENTS (No Requested Action)

Oneida Business Committee

Regular Meeting Agenda

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IX.

TABLED BUSINESS (No Requested Action)

X.

UNFINISHED BUSINESS (No Requested Action)

XI.

NEW BUSINESS (Scheduled times are subject to change)

A. Approve Capital Improvement Process (CIP) concept paper – ORCOA/ONCOA Elders Memorial

Garden – CIP # 18-004

Sponsor: Troy Parr, Division Director/Community and Economic Development

B. Review DarJune Foundation Inc. request and determine next steps (10:00 a.m.)

Sponsor: Daniel Guzman King, Councilman

C. Approve OBC SOP entitled Employee Incentive Distribution for Business Committee Direct

Reports and approve associated forms

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary;

and Trish King, Treasurer

XII.

TRAVEL

A. TRAVEL REPORTS (No Requested Action)

B. TRAVEL REQUESTS

1. Approve travel request – Secretary Lisa Summers and one (1) BC Staff – Tribal Caucus

and Inter-Tribal Criminal Justice Council Meeting – Hayward, WI – May 23-24, 2018

XIII.

OPERATIONAL REPORTS (Scheduled times are subject to change)

A. Accept Comprehensive Health Division FY-2018 2nd quarter report (1:30 p.m.)

Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,

Division Director/Comprehensive Health Operations

B. Accept Governmental Services Division FY-2018 2nd quarter report (1:50 p.m.)

Sponsor: George Skenandore, Division Director/Governmental Services

C. Accept Internal Services Division FY-2018 2nd quarter report (2:10 p.m.)

Sponsor: Joanie Buckley, Division Director/Internal Services

D. Accept Community and Economic Development Division FY-2018 2nd quarter report (2:30 p.m.)

Sponsor: Troy Parr, Division Director/Community and Economic Development

E. Accept Public Works Division FY-2018 2nd quarter report

Sponsor: Jacque Boyle, Division Director/Public Works

Oneida Business Committee

Regular Meeting Agenda

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April 25, 2018

Public Packet

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GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the

BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to

https://goo.gl/uLp2jE)

A. Petitioner Yvonne Metivier – Treatment Clinic

EXCERPT FROM APRIL 11, 2018: (1) Motion by Lisa Summers to accept the legislative analysis 45day status update, seconded by Kirby Metoxen. Motion carried unanimously. (2) Motion by Lisa

Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen. Motion

carried unanimously. (3) Motion by Lisa Summers to accept the financial analysis 45-day status

update, seconded by Kirby Metoxen. Motion carried unanimously.

EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of

petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report

Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law, Finance, and

Legislative Reference Office to submit their analyses to the Secretary within 60 days with a progress

report to be submitted within 45 days; to direct the Direct Report Offices to submit administrative

analyses to Secretary within 30 days, seconded by Brandon Stevens. Motion carried unanimously.

1. Accept legislative analysis

Sponsor: David P. Jordan, Councilman

2. Accept update regarding legal analysis, financial analysis, and meeting materials

Sponsor: Lisa Summers, Secretary

B. Approve four (4) actions re Petitioner Gladys Dallas – $5,000 Per Capita payment

Sponsor: Lisa Summers, Secretary

XV.

EXECUTIVE SESSION (Scheduled times are subject to change)

A. REPORTS

1. Accept Comprehensive Health Division FY-2018 2nd quarter executive report – Sponsor:

Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,

Division Director/Comprehensive Health Operations (8:30 a.m.)

2. Accept Governmental Services Division FY-2018 2nd quarter executive report – George

Skenandore, Division Director/Governmental Services (9:00 a.m.)

a) Discuss FY-2018 Rites of Passage budgetary concern

3. Accept Internal Services Division FY-2018 2nd quarter executive report – Joanie Buckley,

Division Director/Internal Services (9:30 a.m.)

4. Accept Community and Economic Development Division FY-2018 2nd quarter executive

report – Troy Parr, Division Director/Community and Economic Development (10:00 a.m.)

5. Defer Public Works Division FY-2018 2nd quarter executive report to March 9, 2018,

regular Business Committee meeting – Jacque Boyle, Division Director/Public Works

6. Accept Chief Counsel report – Jo Anne House, Chief Counsel

7. Accept Chief Financial Officer April 2018 report – Larry Barton, Chief Financial Officer

8. Accept Intergovernmental Affairs and Communications April 2018 report – Nathan King,

Director/ Legislative Affairs (11:45 a.m.)

Oneida Business Committee

Regular Meeting Agenda

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B. STANDING ITEMS

1. LAND CLAIMS STRATEGY

a) Defer action plan regarding original records to May 9, 2018, regular Business

Committee meeting

Sponsor: Lisa Summers, Secretary

EXCERPT FROM MARCH 14, 2018: Motion by Jennifer Webster to accept the Land Claims

update and the recommendations #1 through #5 included in the update noting that discussion

and consideration of item #1.a. be included in the action plan, seconded by Trish King.

Motion carried unanimously.

2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF

ASSOCIATION

a) Accept Thornberry Creek LPGA Classic April 2018 report

Liaison: Trish King, Treasurer

Submitted by: Josh Doxtator, Chief Operational Officer/Oneida Golf Enterprise

Corporation

3. LAND MORTGAGE FUNDS (No Requested Action)

C. AUDIT COMMITTEE (No Requested Action)

D. TABLED BUSINESS (No Requested Action)

E. UNFINISHED BUSINESS (No Requested Action)

1. Defer close-out report regarding complaint # 2017-DR11-01 to May 23, 2018, regular

Business Committee meeting

Sponsor: Brandon Stevens, Vice-Chairman; Jennifer Webster, Councilwoman

EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to defer the close-out report

regarding complaint # 2017-DR11-01 until the April 25, 2018, regular Oneida Business Committee

meeting, seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM DECEMBER 27, 2017: Motion by Kirby Metoxen to defer the follow-up or closeout report regarding Complaint # 2017-DR11-01 for thirty (30) days, seconded by Ernie Stevens

III. Motion carried unanimously.

EXCERPT FROM NOVEMBER 30, 2017: Motion by Lisa Summers to defer the follow-up

regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Jennifer Webster. Motion

carried unanimously.

EXCERPT FROM SEPTEMBER 13, 2017: Motion by Lisa Summers to defer the follow-up

regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Trish King. Motion

carried unanimously.

EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC members Brandon

Stevens and Jennifer Webster for follow-up; and for this item to brought to the September 13,

2017, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously.

EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by Jennifer Webster

to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on behalf of the OBC

Officers; and to direct that the report from Comprehensive Health be due at the August 9, 2017,

regular Business Committee meeting, seconded by David Jordan. Motion

carried unanimously.

EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer this item to the

Oneida Business Committee Officers for follow up with the Comprehensive Health Operations

Division Director; and for a report to be brought back to the July 26, 2017, regular Business

Committee meeting, seconded by Fawn Billie. Motion carried unanimously.

Oneida Business Committee

Regular Meeting Agenda

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April 25, 2018

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2. Accept 45-day update regarding complaint # 2018-DR04-01

Sponsor: Brandon Stevens, Vice-Chairman; Kirby Metoxen and Ernie Stevens III,

Councilmen

EXCERPT FROM MARCH 28, 2018: Motion by Jennifer Webster to assign Councilman

Kirby Metoxen to the OBC Sub-committee to investigate complaint # 2018-DR04-01 and to

remove Councilman David P. Jordan from the Sub-committee, seconded by David P. Jordan.

Motion carried with one abstention.

EXCERPT FROM MARCH 14, 2018: Motion by David P. Jordan to assign Vice-Chairman

Brandon Stevens, Councilmen David Jordan, and Ernie Stevens III to investigate complaint #

2018-DR04-01, seconded by Kirby Metoxen. Motion carried unanimously.

3. Accept 45-day update regarding complaint # 2018-DR11-01

Sponsor: Brandon Stevens, Vice-Chairman; Trish King, Treasurer; Ernie Stevens III,

Councilman

EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to assign Vice-Chairman

Brandon Stevens, Treasurer Trish King, and Councilman Ernie Stevens III to investigate

complaint # 2018-DR11-01, seconded by Jennifer Webster. Motion carried unanimously.

F. NEW BUSINESS

1. Approve pursuing Tax Code drafting contract and approve Economic Diversification

and Community Development fund use – Tax Code drafting contract – $26,000

Sponsor: Ernie Stevens III, Councilman

2. Review OBC SOP entitled Employee Incentive Distribution for Business Committee

Direct Reports and associated forms

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; and Trish King, Treasurer

XVI.

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, April 20, 2018,

pursuant to the Open Records and Open Meetings law (§ 107.14.)

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

Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214.

Oneida Business Committee

Regular Meeting Agenda

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April 25, 2018

Public Packet

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04

I 25

I 18

2. General Information:

Session:

lg] Open

Agenda Header:

D Executive- See instructions for the applicable laws, then choose one:

!Announcement/Recognition

D Accept as Information only

[8! Action - please describe:

Presentation of Years of Service Certificates to approximately twenty-five (20) employees by their immediate

supervisor along with the Business Committee.

3. Supporting Materials

D Report

D Resolution

D Contract

lg] Other:

1.,List of employees to be recognized

3.

2.

4.

D Business Committee signature required

4. Budget Information

D Budgeted -Tribal Contribution

D Budgeted -Grant Funded

5. Submission

Authorized Sponsor I Liaison:

Primary Requestor:

Maureen Metoxen, Exec Assist

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

D Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize

employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create

the certificate to be presented to the Years of Service recipient.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

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2nd Quarter

Name

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

PREVOST,JEFFREY L

SKENANDORE,RAE M

MCNICHOLS,LORI J

VERHEYEN,WAYNE J

APPEL,ROBERT

CHARNIAK,RICHARD

JOLY,CHRISTINE M

KING,RICHARD G

MANTHE,KERRY

RAHMLOW,TAMMY S

ZUELKE,SANDRA L

POWLESS,JAMES L

SZCZEPANSKI,LYNN A

RASMUSSEN,FAWNE M

JOURDAN,MICHAEL J

KING-SKENANDORE,LUANN M

MURPHY,THERESA

BURKE,JAMES

LINDBERG,SUZANNE

ZAYAS,DOREEN P

UMENTUM,TAMMY M

COWMAN,MARY J

Fiscal Year: FY2018

FY'18

Supervisor Name

SKENANDORE,LORNA G

NINHAM-LAMBERIES,RALINDA R

LALUZERNE,KIM A

BARBER,CHERIE P

LALUZERNE,KIM A

LALUZERNE,KIM A

LALUZERNE,KIM A

LALUZERNE,KIM A

LALUZERNE,KIM A

LALUZERNE,KIM A

NINHAM,TIMOTHY D

DANFORTH,ALFRED

JORDAN,MISTY D

CORNELIUS,LOUISE C

ANTONE,DOROTHY A

COTTRELL,SCOTT D

DELGADO,TSYOSHAAHT C

LALUZERNE,KIM A

LALUZERNE,KIM A

SCHUYLER,LEE A

MIELKE,GEORGIANNA J

LALUZERNE,KIM A

ADOH

Feb 2, 1983

Jan 3, 1993

Jan 7, 1993

Jan 9, 1993

Jan 20, 1993

Jan 20, 1993

Jan 20, 1993

Jan 20, 1993

Jan 20, 1993

Jan 20, 1993

Feb 1, 1993

Feb 4, 1993

Feb 8, 1993

Feb 11, 1993

Feb 22, 1993

Feb 22, 1993

Mar 8, 1993

Mar 15, 1993

Mar 15, 1993

Mar 17, 1993

Mar 22, 1993

Mar 30, 1993

Years

35

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

25

Public Packet

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 25 / 18

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Susan Danforth for the Oneida Nation Arts Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

There was one (1) applicant for one (1) vacancy on the Oneida Nation Arts Board.

On March 28, 2018 the Oneida Business Committee appointed Susan Danforth to the Oneida Nation Arts Board.

This will be the 2nd attempt to administer Susan's oath as he was unable to attend the regular BC Meeting on

April 11, 2018.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

12 of 579

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 25 / 18

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Megan White for the Environmental Resource Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

There was one (1) applicant for one (1) vacancy on the Environmental Resource Board.

On March 28, 2018 the Oneida Business Committee appointed Megan White to the Environmental Resource

Board.

This will be the 2nd attempt to administer Megan's oath as she was unable to attend the regular BC Meeting on

April 11, 2018.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 25 / 18

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Jeremy King for the Pow Wow Committee.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

There were four (4) applicants for one (1) vacancy on the Pow Wow Committee.

On March 28, 2018 the Oneida Business Committee appointed Jeremy King to the Pow Wow Committee.

This will be the 2nd attempt to administer Jeremy's oath as he was unable to attend the regular BC Meeting on

April 11, 2018.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

16 of 579

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 25 / 18

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Shannon Metoxen for the Oneida Nation School Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The Oneida Nation School Board had a vacancy due to a lack of applicants during the 2017 General Election.

According to their by-laws

Should a vacancy occur within the School Board, the following activities shall be undertaken to ensure the

continuous operation of the Board in its charge to the School and the community:

If the highest non-elected candidate from the most recent election declines the position (there were not enough

applicants from the most recent election), the Board shall publish its vacancy in the Kalihwisaks and ask for

interested parents or community members. Upon deadline date, the School Board Chairperson will appoint, with

School Board ratification, at the next regular School Board meeting.

Per the School Board minutes from April 2, 2018

School Board Chair, Debbie Danforth, appoints Shannon Metoxen to fulfill the parent position vacancy.

Yays for Shannon Metoxen: Melinda K. Danforth, Fred Muscavitch, RC Metoxen, Margaret Ellis, Todd Hill.

Yays for Latsi Hill: Fred Muscavitch, RC Metoxen

Yays for Fern Diamond: None

Yays for Paul Metoxen: None

Yays for Rita Madrid: None

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 25 / 18

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Minutes

Accept as Information only

Action - please describe:

Approve April 11, 2018, regular Business Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 4/11/18 regular BC meeting minutes DRAFT

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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DRAFT

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, April 10, 2018

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, April 11, 2018

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer

Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen, Jennifer Webster;

Not Present: Councilmembers: David P. Jordan;

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nate King, Brad Toll, Louise Cornelius, Bob

Barton;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer

Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen;

Not Present: Councilmembers: David P. Jordan, Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nancy Skenandore, Bonnie Pigman,

Apache Danforth, Cheyenne Landru, Todd VanDen Heuvel, Nathan King, Brooke Doxtator, Mike

Mousseau, Chad Johnson, Kateri Baker, Lorannen Smith, Alissa Santiago, Rosa Laster, Laura LaitinenWarren, Karen Smith, Gina Buenrostro, Frank Vandehei, Debra Valentino, Kermit Valentino, Jessica

Wallenfang, Mike Debraska, RC Metoxen, Candace House, Cathy L. Metoxen, Ed Delgado, Nancy

Barton;

I.

CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:33 a.m.

For the record:

II.

Councilman David P. Jordan is on vacation. Councilwoman Jennifer

Webster is on approved travel to Indian Health Care Improvement fund

(IHCIF) Workgroup Meeting in Denver, CO. Vice-Chairman Brandon

Stevens will be leaving this morning on approved travel to Alliance for

Boys and Men of Color Equity Summit – Chicago, IL.

OPENING by Chairman Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 12

April 11, 2018

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DRAFT

III.

ADOPT THE AGENDA (00:04:08)

Motion by Lisa Summers to approve the agenda with four (4) requested changes [1) Delete item

XV.B.2.a) Accept Oneida Golf Enterprise Corporation April 2018 report; 2) Add item XV.C.7. Accept final

Vocational Rehabilitation Job Training performance assurance audit and lift confidentiality requirement; 3)

Add item XV.F.4. Review Oneida Airport Hotel Corporation loan request; and 4) take action regarding part

one of item XV.E.1. Review Chairman’s recommendation regarding concern # 2018‐CC‐01 and determine

next steps immediately following the Oaths of Office], seconded by Daniel Guzman King. Motion carried

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers

Not Present:

David P. Jordan, Jennifer Webster

IV.

OATHS OF OFFICE administered by Lisa Summers (00:05:40)

A. Oneida Pow-wow Committee – Jeremy King (not present)

B. Anna John Resident Centered Care Community Board – Candace House

C. Oneida Environmental Resource Board – Megan White (not present)

D. Oneida Land Commission – Michael J. Mousseau

E. Oneida Personnel Commission – Donna Richmond (not present)

F. Oneida Nation Arts Board – Susan Danforth (not present)

G. Oneida Airport Hotel Corporation – Board of Directors – Kateri Baker

H. Bay Bancorporation Inc. – Board of Directors – Todd VanDen Heuvel

V.

MINUTES

A. Approve March 28, 2018, regular meeting minutes (00:12:04)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the March 28, 2018, regular meeting minutes, seconded by Trish

King. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers

Not Present:

David P. Jordan, Jennifer Webster

VI.

RESOLUTIONS (No Requested Action)

VII.

STANDING COMMITTEES

A. Community Development Planning Committee (No Requested Action)

Chair: Ernie Stevens III, Councilman

Oneida Business Committee

Regular Meeting Minutes

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April 11, 2018

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B. Finance Committee

Chair: Trish King, Treasurer

Councilman Ernie Stevens III departs at 9:18 a.m.

1. Approve April 2, 2018, Finance Committee meeting minutes (00:12:34)

Motion by Daniel Guzman King to approve the April 2, 2018, Finance Committee meeting minutes,

seconded by Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Lisa

Summers

Not Present:

David P. Jordan, Ernie Stevens III, Jennifer Webster

Councilman Ernie Stevens III returns at 9:20 a.m.

C. Legislative Operating Committee

Chair: David P. Jordan, Councilman

1. Accept March 7, 2018, Legislative Operating Committee meeting minutes (00:45:20)

Motion by Lisa Summers to accept the March 7, 2018, Legislative Operating Committee meeting minutes,

seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers

Not Present:

David P. Jordan, Jennifer Webster

D. Quality of Life Committee (No Requested Action)

Chair: Brandon Stevens, Vice-Chairman

VIII.

APPOINTMENTS

A. Appoint one (1) applicant to Oneida Election Board for remainder of term ending August

31, 2019 (00:45:46); (03:07:02)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers

Not Present:

David P. Jordan, Jennifer Webster

Motion by Ernie Stevens III to repost the vacancy on the Oneida Election Board for remainder of term

ending August 31, 2019, seconded by Daniel Guzman King. Motion carried with one abstention:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III

Abstained:

Lisa Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

IX.

TABLED BUSINESS (No Requested Action)

X.

UNFINISHED BUSINESS (No Requested Action)

Oneida Business Committee

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XI.

NEW BUSINESS

Vice-Chairman Brandon Stevens departs for approved travel at 9:40 a.m.

Councilman Kirby Metoxen departs at 9:41 a.m.

Councilman Kirby Metoxen returns at 9:44 a.m.

A. Approve allocating 431 Hillcrest Drive garage space for use by Yukwatsistayʌ (00:48:34)

Sponsor: Trish King, Treasurer

Motion by Kirby Metoxen to support the efforts of Yukwatsistayʌ to obtain the lease for the garage space

with the Oneida Land Commission, seconded by Trish King. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Secretary Lisa Summers departs at 10:17 a.m.

Secretary Lisa Summers returns at 10:28 a.m.

B. Approve Presenting Partner level sponsorship of $10,000 for 2018 Native American

Tourism of Wisconsin Conference (01:36:23)

Sponsor: Kirby Metoxen, Councilman

Motion by Lisa Summers to send the 2018 Native American Tourism of Wisconsin Conference

sponsorship request to the Finance Committee to come back with a recommendation on a sponsorship

level and dollar amount, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Councilman Ernie Stevens III departs at 10:31 a.m.

Councilman Kirby Metoxen departs at 10:31 a.m.

Councilman Kirby Metoxen returns at 10:35 a.m.

Councilman Ernie Stevens III returns at 10:37 a.m.

XII.

TRAVEL

A. TRAVEL REPORTS

1. Approve travel report – Secretary Lisa Summers and Treasurer Trish King – 11th

Annual Tribal Casino & Hotel Development Conference – Temecula, CA – March 25‐28,

2018 (01:57:31)

Motion by Kirby Metoxen to approve the travel report for Secretary Lisa Summers and Treasurer Trish

King regarding travel to the 11th Annual Tribal Casino & Hotel Development Conference – Temecula, CA

– March 25‐28, 2018, seconded by Daniel Guzman King. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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April 11, 2018

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B. TRAVEL REQUESTS

1. Approve travel request – Secretary Lisa Summers – 2018 Partners in Action –

Milwaukee, WI – July 17-19, 2018 (02:04:35)

Motion by Lisa Summers to approve the travel request for up to three (3) Oneida Business Committee

members to attend the 2018 Partners in Action – Milwaukee, WI – July 17-19, 2018, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

2. Approve travel request – Treasurer Trish King – Tribal Tax Advisory Committee –

Washington DC – May 6-8, 2018 (02:06:20)

Motion by Kirby Metoxen to approve the travel request for Treasurer Trish King to attend the Tribal Tax

Advisory Committee – Washington DC – May 6-8, 2018, noting the dates may change with the final

agenda, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

3. Approve travel request – Vice-Chairman Brandon Stevens – Haskell Spring Board of

Regents Meeting – Lawrence, KS – May 15-18, 2018 (02:13:43)

Motion by Trish King to approve the travel request for Vice-Chairman Brandon Stevens to attend the

Haskell Spring Board of Regents Meeting – Lawrence, KS – May 15-18, 2018, seconded by Kirby

Metoxen. Motion carried with one abstention:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers

Abstained:

Ernie Stevens III

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

4. Enter e-poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor: Lisa Summers, Secretary

a) Approved travel request – Councilman David P. Jordan – 36th NAFOA Annual

Conference – New Orleans, LA – April 22-25, 2018 (02:20:11)

Motion by Kirby Metoxen to enter the e-poll results into the record in accordance with OBC SOP entitled

Conducting Electronic Voting regarding the approved travel request for Councilman David P. Jordan to

attend the 36th NAFOA Annual Conference – New Orleans, LA – April 22-25, 2018, seconded by Trish

King. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

XIII.

OPERATIONAL REPORTS (No Requested Action)

Oneida Business Committee

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XIV.

GENERAL TRIBAL COUNCIL

A. Petitioner Yvonne Metivier – Treatment Clinic

EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of

petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct

Report Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law,

Finance, and Legislative Reference Office to submit their analyses to the Secretary within 60

days with a progress report to be submitted within 45 days; to direct the Direct Report Offices to

submit administrative analyses to Secretary within 30 days, seconded by Brandon Stevens.

Motion carried unanimously.

Councilman Kirby Metoxen departs at 10:58 a.m.

Councilman Kirby Metoxen returns at 11:02 a.m.

1. Accept legislative analysis 45-day status update (02:21:06)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the legislative analysis 45-day status update, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

2. Accept legal analysis 45-day status update (02:34:12)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen.

Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

3. Accept financial analysis 45-day update (02:34:47)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Lisa Summers to accept the financial analysis 45-day status update, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

B. Approve four (4) actions re Petitioner Yvonne Metivier – FY 2019 Wage Increase (02:39:10)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to acknowledge receipt of petition, seconded by Brandon Stevens. Motion

carried unanimously, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and

Direct Report Offices’ for legal, financial, legislative, and administrative analyses, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Kirby Metoxen to direct the Law, Finance, and Legislative Reference Office to submit their

analyses to the Secretary within 60 days with a progress report to be submitted within 45 days, seconded

by Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Kirby Metoxen to direct the Direct Report Offices to submit administrative analyses to Secretary

within 30 days, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

C. Approve May 12, 2018, reconvened GTC meeting notice and addendum (02:51:52);

(03:07:40)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to defer this item to caucus, seconded by Daniel Guzman King. Motion carried

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers to approve the May 12, 2018, reconvened GTC meeting notice and addendum

with the identified and noted changes, seconded by Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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April 11, 2018

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DRAFT

XV.

EXECUTIVE SESSION

A. REPORTS

1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (02:58:57)

Motion by Lisa Summers to accept the Chief Counsel report, seconded by Trish King. Motion carried

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

2. Accept special Intergovernmental Affairs and Communications report – Nathan King,

Director/ Intergovernmental Affairs and Communications (02:59:20)

Motion by Lisa Summers to accept the special Intergovernmental Affairs and Communications report and

approve the Director’s recommendation listed in the report, seconded by Kirby Metoxen. Motion carried

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

B. STANDING ITEMS

1. LAND CLAIMS STRATEGY (No Requested Action)

2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF

ASSOCIATION

a) Accept Oneida Golf Enterprise Corporation April 2018 report (Not Submitted)

Item deleted at the adoption of the agenda

3. LAND MORTGAGE FUNDS

a) Accept update to Chief Financial Officer recommendation (02:59:51)

Motion by Lisa Summers to accept the Chief Financial Officer recommendation as presented, seconded

by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

C. AUDIT COMMITTEE

Sponsor: David P. Jordan, Councilman

1. Accept February 15, 2018, Audit Committee meeting minutes (03:00:26)

Motion by Lisa Summers to accept the February 15, 2018, Audit Committee meeting minutes, seconded

by Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

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April 11, 2018

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DRAFT

2. Accept final Oneida Police Department performance assurance audit and lift

confidentiality requirement (03:00:44)

Motion by Kirby Metoxen to accept the final Oneida Police Department performance assurance audit and

lift the confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

3. Accept final Tsyunhehkwa performance assurance audit and lift confidentiality

requirement (03:01:03)

Motion by Lisa Summers to accept the final Tsyunhehkwa performance assurance audit and lift the

confidentiality requirement, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

4. Accept Four Card Poker rules of play audit and lift confidentiality requirement

(03:01:20)

Motion by Daniel Guzman King to accept the Four Card Poker rules of play audit and lift the

confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

5. Accept final Gaming Custodial performance assurance audit and lift confidentiality

requirement (03:01:42)

Motion by Kirby Metoxen to accept the final Gaming Custodial performance assurance audit and lift the

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

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

6. Accept final Custodial performance assurance audit and lift confidentiality requirement

(03:02:04)

Motion by Kirby Metoxen to accept the final Custodial performance assurance audit and lift the

confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

7. Accept final Vocational Rehabilitation Job Training performance assurance audit and

lift confidentiality requirement (03:02:31)

Motion by Lisa Summers to accept the final Vocational Rehabilitation Job Training performance

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

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 12

April 11, 2018

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DRAFT

D. TABLED BUSINESS (No Requested Action)

E. UNFINISHED BUSINESS

1. Review Chairman’s recommendation regarding concern # 2018-CC-01 and determine

next steps (00:10:55); (03:03:00); (03:08:40)

Sponsor: Tehassi Hill, Chairman

EXCERPT FROM MARCH 28, 2018: (1) Motion by Brandon Stevens to accept concern #

2018-CC-01 in accordance with 105-6.5 of the Comprehensive Policy Governing Boards,

Committees, and Commissions, seconded by David P. Jordan. Motion carried unanimously.

(2) Motion by Brandon Stevens to defer concern # 2018-CC-01 to the Chairman’s Office and

for the Chairman to bring back a recommendation to the April 11, 2018, regular Business

Committee meeting, seconded by David P. Jordan. Motion carried unanimously.

Motion by Lisa Summers to accept the recommendation of the Chairman and terminate the appointment

under the authority of section 105.6‐5, based on the documentation submitted by the Oneida Personnel

Commission, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers

Not Present:

David P. Jordan, Jennifer Webster

Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers to adopt resolution 04-11-18-A Dissolution of Personnel Commission, Tolling all

Timelines in Personnel Related Matters, and Directing the Development of Emergency Amendments to

Existing Laws, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers to adopt resolution 04-11-18-B Creation of the Personnel Selection Committee,

seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers that the Secretary coordinate any follow up correspondence regarding these two

matters, seconded by Kirby Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 12

April 11, 2018

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DRAFT

F. NEW BUSINESS

1. Approve USDOT Partnership Agreement – file # 2018-0267 (03:03:40)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to approve the USDOT Partnership Agreement – file # 2018-0267, seconded by

Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

2. Approve limited waiver of sovereign immunity – LexisNexis Time Matters annual

maintenance agreement – file # 2018-0323 (03:04:03)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to approve a limited waiver of sovereign immunity for the LexisNexis Time

Matters annual maintenance agreement – file # 2018-0323, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

3. Review application(s) for one (1) vacancy – Oneida Election Board – remainder of term

ending August 31, 2019 (03:04:28); (03:10:56)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Ernie

Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Daniel Guzman King to accept the discussion regarding the applications for one (1) vacancy –

Oneida Election Board – remainder of term ending August 31, 2019, as information, seconded by Ernie

Stevens III. Motion carried one abstention:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III

Abstained:

Lisa Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

4. Review Oneida Airport Hotel Corporation loan request (03:04:53); (03:11:52)

Sponsor: Trish King, Treasurer

Motion by Ernie Stevens III to defer this item to executive session for discussion, seconded by Kirby

Metoxen. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers to adopt resolution 04-11-18-C Capital Contribution to the Oneida Airport Hotel

Corporation of $1.7 Million, seconded by Ernie Stevens III. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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April 11, 2018

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DRAFT

Motion by Lisa Summers to go into executive session at 11:38 a.m., seconded by Kirby Metoxen. Motion

carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Motion by Lisa Summers come out of executive session at 5:12 p.m., seconded by Ernie Stevens.

Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

XVI.

ADJOURN (03:12:23)

Motion by Ernie Stevens III to adjourn at 5:18 p.m., seconded by Trish King. Motion carried unanimously:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

David P. Jordan, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04

I 25

I 18

2. General Information:

Session:

~

Open

D Executive- See instructions for the applicable laws, then choose one:

Ell

I

AgendaHeader:

2

LIR_e_so_l_u_ti_

o_ns________________________________________________________ ~~TI

D Accept as Information only

~

Action -please describe:

Request to adopt the attached draft BC Resolution "Proclamation of Appreciation" recognizing the Trust

Enrollment Director's 24 years of service to the Oneida Nation.

3. Supporting Materials

D Report

D Contract

~ Resolution

~ Other:

l .lcover Memo to OBC Chair from OTEC Chair

3.1statement of Effect by LRO

2. Draft BC Resolution Proclamation of Appreciation

4.jEPOLL results from OTEC Approving Resolution

_5~ (.

~ Business Committee signature required

. :I

Ar-e<.

~r-o ,--. [d.., c..~-tf· :oll

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M o.,qj~r - 5v.fpc?ri."'..J Pr·o.:./a..,..qf,b11

4. Budget Information

D Budgeted- Tribal Contribution

D Budgeted- Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor/Uaison:

LjK_ir_b~y_M_e_t_ox_e_n_,_c_o_u_n_ci_lm__em__b_e_r______________________________~~~~

Primary Requestor/Submitter:

Bobbi Webster, Trust Enrollment Committee Chairwoman

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

" ~ W~/fJL

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32 of 579

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

~he Trust Enrollment Director has served-the Trust Enrollment Committee for over 24 years-;-ln December of

2017, she was unexpectantly diagnosed with terminal illness and is retiring from her position. In recognition of

the Trust Enrollment Director's decades of service to the Oneida Nation, the Oneida Trust Enrollment Comm ittee

would like to honor the Trust Enrollment Director by changing the name of the "Trust Scholarship Fund" to the"

Susan White Trust Scholarship Fund".

~he Trust Enrollment Committee respectfully requests the Business Committee to approve the attached draft

OBC Resolution "Proclamation of Appreciation".

1) Save a copy of this form for your records.

I Save a Copy...

2) Print this form as a *.pdf OR print and scan this form in as -x·.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

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Oneida Trust Enrollment Committee

PO Box 365, Oneida WI 54155

(920) 869-6200 * 1-800-571-9902

Fax: (920) 869-2995

TrustEnrollments@oneidanation.org

https:ljoneida-nsn.gov/ resources/ enrollments/

"'

ONEIDA

=DDODOO

MEMORANDUM

TO:

Tehassi Hill, Tribal Chailman

Lisa Summers, Tribal Secretary

FROM:

Bobbi Webster, Oneida Trust Enrollment Committee Chairwoman

DATE:

April17, 2018

SUBJECT:

Proclamation of Appreciation for Susan White

The Oneida Trust Emollment Committee (OTEC) is respectfully requesting that the Oneida

Business Committee (OBC) place the attached Proclamation of Appreciation on the next OBC

Regular Meeting Agenda to recognize Susan White, who was unfortunately diagnosed with a

terminal illness. The OTEC requests the OBC to approve the Proclamation of Appreciation and

to present it to Susan White at the April25, 2018 Regular OBC Meeting.

In preparing the Proclamation of Appreciation, the OTEC consulted with the Higher Education

Department and received their support in naming the "Trust Scholarship Fund" the "Susan White

Trust Scholarship Fund."

The OTEC would like to have a signed copy of the Proclamation of Appreciation framed and

placed on display in the Business Committee Conference Room. The OTEC would anange for

and pay for the framing.

Please contact me with any questions you may have regarding the proclamation.

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

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # __________

Proclamation of Appreciation

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,

Susan White has served as the Trust Enrollment Director for the past 24 years; and

WHEREAS,

Susan White has always been known as a great team player, a strong project manager,

and especially for her extraordinary commitment to serving the Oneida Nation; and

WHEREAS,

Susan White has demonstrated the highest standards of professionalism, leadership,

excellence, and dedication as an employee of the Oneida Nation; and

WHEREAS,

Susan White has been instrumental in the nationwide initiative to break down the

stereotypes of Native Americans, women, and minorities, and

WHEREAS,

Susan White has been an advocate and educator of promoting and implementing a

sustainable and responsible investment (SRI) philosophy and has participated nationally

in coordinating shareholder activism for Indigenous peoples rights and well-being when

affected by corporations, and

WHEREAS,

Susan White has represented the Oneida Nation to stand strong with Oneida Nation

allies to advocate for termination of Native Mascots in professional sports, and

WHEREAS,

the Oneida Business Committee does wish to recognize Susan White’s distinguished

career with the Oneida Nation and supports the Oneida Trust Enrollment Committee’s

efforts to name the “Trust Scholarship Fund” the “Susan White Trust Scholarship Fund.”

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does hereby express its sincere

appreciation to Susan White on behalf of the Oneida Nation, for her dedication, time, knowledge,

compassion, and diligence in serving the Oneida Nation.

NOW THEREFORE BE IT FURTHER RESOLVED, that the “Trust Scholarship Fund” will now be known

as the “Susan White Trust Scholarship Fund.”

Public Packet

35 of 579

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Proclamation of Appreciation

Summary

The resolution renames the “Trust Scholarship Fund” to the “Susan White Trust Scholarship

Fund.”

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

Date: April 18, 2018

Analysis by the Legislative Reference Office

This resolution recognizes the Oneida Nation Trust Enrollment Director Susan White’s

distinguished career with the Oneida Nation and her dedication, time, knowledge, compassion,

and diligence in serving the Oneida Nation. This resolution also supports the Oneida Trust

Enrollment Committee’s efforts to rename the “Trust Scholarship Fund” to the “Susan White

Trust Scholarship Fund.”

The Trust Scholarship Fund Policy (“the Policy”) was adopted by the Oneida Business

Committee through resolution BC-03-21-01-C, and then amended by BC-06-21-06-Q and BC12-30-09-A. The primary purpose of the Oneida Trust Scholarship Fund is to establish a trust

resource for providing financial aid scholarships to assist eligible enrolled Oneida Tribal

members in securing higher educational opportunities based on established criteria. [9 O.C.

901.1-1]. The Policy references the name of the scholarship fund as the Oneida Trust

Scholarship Fund.

Conclusion

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

Business Committee may consider whether the Trust Scholarship Fund Policy should be

amended to reflect the name change from “Trust Scholarship Fund” to the “Susan White Trust

Scholarship Fund.” Any future amendments made to the Trust Scholarship Policy must be made

in accordance with the Legislative Procedures Act.

Page 1 of 1

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36 of 579

Brent R. Truttmann

Cc:

Subject:

Attachments:

Brent R. Truttmann

Monday, April 09, 2018 10:35 AM

Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com)

(elskenandore@gmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta

Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Robert J. Collins; Carole Liggins; Barbara Webster

E-POLL: Proclamation of Appreciation for Susan White

2018 04 09 RC Draft 2 Susan White Proclamation.docx

Importance:

High

From:

Sent:

To:

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now

needs official approval of the Trust Enrollment Committee. In order to expedite the process and to ensure this remains a

surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW

THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or

concerns, I am happy to help.

Have a good day everybody,

Brent Truttmann

Executive Assistant

Oneida Trust Enrollment Depm1ment

P.O. Box 365

Oneida, WI 54155

(920) 490-3930

From: Barbara Webster

Sent: Monday, April 02, 2018 9:57AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com ) (elskenandore@gmail.com); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen

·

Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins

Subject: OTEC draft Resolution

Good Morning OTEC,

As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be able to

overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution to name the Oneida

Trust Scholarship in memoriam and a lasting tribute to Susan White. Thank you Norb and Rob for your work on this

draft. I have made a few edits to the resolution and attached for your review. I would like to place this resolution on

our next regular agenda for approval and support to forward to the Oneida Business Committee ..

During my short term on OTEC I have been impressed with the full participation and support of the entire committee on

the business at hand, and in addition, Susan has been a tremendous asset to helping me understand the functions and

purpose of OTEC. Prior to my role on OTEC, I worked with Susan in a public relations role on many of the initiatives she

1

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collaborated for the committee. The Mascot issue, and Sustain Oneida were two of the most prominent that I

recall . There are more, but these two stand out the most in my opinion.

Please review this draft, feel free to contribute to the final version and I hope you will all support my request to pass this

resolution on to the OBC at our next meeting.

Brent: Could Y-QU_pleas.e_coordinate_editsJnto_tbe draft-for review_b_y_tbe_committee at the next meeting?_

Yawe, have a great week.

Bobbi Webster, Public Relations Director

Office of Intergovernmental Affairs and Communications

~

OOODDD

ONEIDA

A good mi nd. A good heari. A slro!"'g fire.

office 920.869.4270

cell 920.8 I 9-8357

fax 920.869.4040

PO Box 365

Oneida, WI 54 I 55-0365

Oneida-nsn.gov

2

Public Packet

38 of 579

Brent R. Truttmann

Norbert S. Hill

Monday, April 09, 2018 10:38 AM

Brent R. Truttmann

Re: E-POLL: Proclamation of Appreciation for Susan White

From:

Sent:

To:

Subject:

Approve.

Norbert Hill

Sent from my iPad

On Apr 9, 2018, at 10:35 AM, Brent R. Truttmann <btruttm2@oneidanation.org> wrote:

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed

proclamation. It now needs official approval of the Trust Enrollment Committee. In order to expedite the

process and to ensure this remains a surprise to Susan, Chairwoman Webster is calling for an E-Poll for

final approval of the proclamation. PLEASE REVIEW THE ATIACHED PROCLAMATION AND CAST YOUR

VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any

questions or concerns, I am happy to help.

Have a good day everybody,

Brent Truttmann

Executive Assistant

Oneida Trust Enrollment Depa1i ment

P.O. Box 365

Oneida, WI 54155

(920) 490-3930

From: Barbara Webster

Sent: Monday, April 02, 2018 9:57AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com )

(elskenandore@gmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby

W. Metoxen

Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins

Subject: OTEC draft Resolution

Good Morning OTEC,

As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be

able to overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution

to name the Oneida Trust Scholarship in memoriam and a lasting tribute to Susan White. Thank you

Norb and Rob for your work on this draft. I have made a few edits to the resolution and attached for

1

Public Packet

39 of 579

Brent R. Truttmann

From:

Sent:

To:

Cc:

Subject:

Loretta Metoxen

Tuesday, April 10, 2018 10:15 AM

Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Elaine

(elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S. Hill; Debra L.

Powless; Tracy L. Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Robert J. Collins; Carole Liggins; Barbara Webster

RE: E-POLL: Proclamation of Appreciation for Susan White

Approved!!!!

Loretta V. Metoxen - Oneida Tribal Historian

Oneida Cutlural Heritage/Oneida History Department

"

mKJDOD;

ONEIDA

A good mind. A good heart. A slro!"'g fire.

Office: 920-490-3929

General: 1-800-236-2214

P.O. Box 365, Oneida, WI 54155

"A Story Worth Telling ... "

Confidential Disclaimer: *The information contained in this e-mail is confidential and privileged. If you are not the intended

recipient, please be advised that any unauthorized use, copying, or dissemination of this information is prohibited. Please destroy this email and immediately notify me of the erroneous transmission.

From: Brent R. Truttmann

Sent: Monday, April 09, 201810:35 AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com) (elskenandore@qmail.com); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: E-POLL: Proclamation of Appreciation for Susan White

Importance: High

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now

needs official approval of the Trust Enrollment Committee . In order to expedite the process and to ensure this remains a

surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW

THE ATTACHED PROCLAMATION AND CAST YOUR VOTE {APPROVE or REJECT) BY FRIDAY APRIL13, 2018.

The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or

concerns, I am happy to help.

Have a good day everybody,

1

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40 of 579

Brent R. Truttmann

From:

Sent:

To:

Cc:

Subject:

Elaine <elskenandore@gmail.com >

Tuesday, April 10, 2018 6:24 PM

Loretta Metoxen

Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Norbert S. Hill; Debra L.

Powless; Tracy L. Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless; Robert J.

Collins; Carole Liggins; Barbara Webster

Re: E- POLL: Proclamation of Appreciation for Susan White

Approve .

Sent from my iPad

On Apr 10, 2018, at 10:15 AM, Loretta Metoxen <lmetoxe1@oneidanation.org> wrote :

Approved!!!!

Loretta V. Metoxen - Oneida Tribal Historian

Oneida Cutlural Heritage/Oneida History Department

<image002. png>

Office: 920-490-3929

General: 1-800-236-2214

P.O . Box 365, Oneida, WI 54155

"A Story Worth Telling ... "

Confidential Disclaimer: *The information contained in this e-mail is confidential and privileged. lfyou are not

the intended recipient, please be advised that any unauthorized use, copying, or dissemination of this information is

prohibited. Please destroy this e-mail and immediately notify me of the erroneous transmission.

From: Brent R. Truttmann

Sent: Monday, April 09, 2018 10:35 AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com)

(elskenandore@qmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby

W. Metoxen; Tracy Metoxen; Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: E-POLL: Proclamation of Appreciation for Susan White

Importance: High

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed

proclamation . It now needs official approval of the Trust Enrollment Committee . In order to expedite the

process and to ensure this remains a surprise to Susan, Chairwoman Webster is calling for an E-Poll for

final approval of the proclamation . PLEASE REVIEW THE ATIACHED PROCLAMATION AND CAST YOUR

VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

1

Public Packet

41 of 579

Brent R. Truttmann

From:

Sent:

To:

Cc:

Subject:

Tracy L. Metoxen

Wednesday, Aprilll, 2018 1:47 PM

Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Elaine

(elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S. Hill; Debra L.

Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Robert J. Collins; Carole Liggins; Barbara Webster

Re: E-POLL: Proclamation of Appreciation for Susan White

Approve

From: Brent R. Truttmann

Sent: Monday, April9, 2018 10:35:17 AM

To: Dylan Benton (dylanbenton@ live.com ); Elaine (elskenandore@gmail.com ) (elskenandore@gmail.com ); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: E-POLL: Proclamation of Appreciation for Susan White

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now

needs official approval ofthe Trust Enrollment Committee. In order to expedite the process and to ensure this remains a

surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation . PLEASE REVIEW

THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or

concerns, I am happy to help.

Have a good day everybody,

Brent Truttmann

Executive Assistant

Oneida Trust Enrollment Department

P.O. Box 365

Oneida, WI 54155

(920) 490-3930

From: Barbara Webster

Sent: Monday, April 02, 2018 9:57AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen

Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins

Subject: OTEC draft Resolution

Good Morning OTEC,

As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be able to

overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution to name the Oneida

Trust Scholarship in memoriam and a lasting tribute to Susan White . Thank you Norb and Rob for your work on this

1

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42 of 579

Brent R. Truttmann

From:

Sent:

To:

Cc:

Subject:

Dylan Benton <dylanbenton@live.com >

Wednesday, Aprilll, 2018 5:09 PM

Brent R. Truttmann; Elaine (elskenandore@gmail.com) (elskenandore@gmail.com);

Norbert S. Hill; Debra L. Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen;

Debra Powless; Tracy L. Metoxen

Robert J. Collins; Carole Liggins; Barbara Webster

Re: E-POLL: Proclamation of Appreciation for Susan White

Approve

Get Outlook for Android

From: Tracy L. Metoxen <tmetoxe2@oneidanation .org>

Sent: Wednesday, April11, 2018 1:47:26 PM

To: Brent R. Truttmann; Dylan Benton (dylanbenton@live.com ); Elaine (elskenandore@gmail.com )

(elskenandore@gmail.com ); Norbert S. Hill; Debra L. Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen;

Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: Re : E-POLL: Proclamation of Appreciation for Susan White

Approve

From: Brent R. Truttmann

Sent: Monday, April9, 2018 10:35:17 AM

To: Dylan Benton (dylanbenton@live .com ); Elaine (elskenandore@gmail.com ) (elskenandore@gmail.com ); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: E-POLL: Proclamation of Appreciation for Susan White

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation . It now

needs official approval of the Trust Enrollment Committee . In order to expedite the process and to ensure this remains a

surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW

THE ATTACHED PROCLAMATION AND CAST YOUR VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or

concerns, I am happy to help.

Have a good day everybody,

Brent Truttmmm

Executive Assistant

Oneida Trust Enrollment Depa1tment

P.O. Box 365

Oneida, WI 54155

(920) 490-3930

1

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43 of 579

Brent R. Truttmann

From:

Sent:

To:

Cc:

Subject:

Kirby W. Metoxen

Friday, April 13, 2018 7:20 PM

Brent R. Truttmann

Rosa J. Laster

RE: E-POLL: Proclamation of Appreciation for Susan White

Support

Get Outlook for Android

From: Brent R. Truttmann

Sent: Friday, April13, 2018 9:41:58 AM

To: Kirby W. Metoxen

Cc: Rosa J. Laster

Subject: RE: E-POLL: Proclamation of Appreciation for Susan White

Good morning Kirby,

The E-Poll for the Proclamation of Appreciation to Susan ends today. Have you reviewed the attached Proclamation? If

so, could you cast your vote as APPROVED or REJECT?

Thank you!

Brent Truttmann

Executive Assistant

Oneida Trust Enrolhnent Depmtment

P.O. Box 365

Oneida, W1 54155

(920) 490-3930

From: Brent R. Truttmann

Sent: Monday, April 09, 2018 10:35 AM

To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S.

Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless

Cc: Robert J. Collins; Carole Liggins; Barbara Webster

Subject: E-POLL: Proclamation of Appreciation for Susan White

Importance: High

Good morning Trust Enrollment Committee,

Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now

needs official approval ofthe Trust Enrollment Committee . In order to expedite the process and to ensure this remains a

surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW

THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.

1

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44 of 579

Brent R. Truttmann

From:

Sent:

To:

Subject:

Debra L. Powless

Thursday, April12, 2018 2:37 PM

Brent R. Truttmann

RE: 4 1118 Question - E-POLL: Proclamation of Appreciation for Susan White

Yes.

From: Brent R. Truttmann

Sent: Thursday, April12, 2018 8:11AM

To: Debra L. Powless

Subject: RE: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White

Shall I mark you as "approved" for the E-Poll?

From: Debra L. Powless

Sent: Wednesday, April 11, 2018 3:30PM

To: Brent R. Truttmann

Subject: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White

Thanks OK I'm good with that. Debra .

From: Brent R. Truttmann

Sent: Wednesday, April11, 2018 3:23 PM

To: Debra L. Powless

Subject: RE: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White

Hi Deb,

The proclamation of appreciation is intended for the supplemental smaller scholarship, currently titled Oneida Trust

Scholarship Fund (Policy attached, see section ). It is intended for, as you mentioned, incidental things for higher ed like

LSATs, GRE's, or pre-requisite classes.

Trust Enrollment's has nothing to do with the educational funds approved by GTC.

Let me know if I can help with anything else,

Brent Truttmann

Executive Assistant

Oneida Trust Enrollment Department

P.O. Box 365

Oneida, WI 54155

(920) 490-3930

From: Debra L. Powless

Sent: Wednesday, April 11, 2018 2:50PM

To: Brent R. Truttmann

Subject: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White

1

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45 of 579

Brent R. Truttmann

From:

Sent:

Cc:

Subject:

Jennifer D. Hill Kelley

Tuesday, April17, 2018 1:33 PM

Brent R. Truttmann

Lois J. Domencich; Bonnie M. Pigman; Robert J. Collins

RE: Requested Edits to the Trust Scholarship Policy

Sensitivity:

Confidential

Follow Up Flag:

Flag Status:

Follow up

Flagged

To:

Hi Brent,

The Education and Training Area has reviewed the proposed resolution regarding the name change of the Trust

Scholarship and supports the change to the Susan White Trust Scholarship Fund.

Please let me know how else we can support this Proclamation.

YawAko (Thank you),

Jennifer

Jennifer Hill-Kelley

Area Manager, Education & Training

Oneida Nation of Wisconsin

P.O. Box 365

Oneida, WI 54155

920.869.4037 office

920-639 -7185 cell

jhillkel@oneidanation.org

"

ONEIDA

~

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

From: Brent R. Truttmann

Sent: Tuesday, April 17, 2018 10:08 AM

To: Jennifer D. Hill Kelley

Cc: Lois J. Domencich; Bonnie M. Pigman; Robert J. Collins

Subject: RE: Requested Edits to the Trust Scholarship Policy

Sensitivity: Confidential

Good morning Jennifer,

I am preparing a "Proclamation of Appreciation" resolution that recognizes the name change of the "Trust Scholarship

Fund" to "Susan White Trust Scholarship Fund" (see attached). I believe Attorny Rob Collins spoke with you in person

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

4

/ 25 / 18

2. General Information:

Session:

Open

Executive - See instructions for the applicable laws, then choose one:

Resolution for Older Americans Month May, 2018

Agenda Header:

Resolutions

Accept as Information only

Action - please describe:

Approve resolution for Older Americans Month in May, 2018

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Resolution

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

George Skenandore, Division Director/GSD

Primary Requestor/Submitter:

Elijah G. Metoxen, Elder Services Program Manager

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Older Americans Month 2018: Engage at Every Age

Getting older doesn’t mean what it used to. For many aging Americans, it is a phase of life where interests, goals,

and dreams can get a new or second start. Today, aging is about eliminating outdated perceptions and living the

way that suits you best.

Since 1963, OAM has been a time to celebrate older Americans, their stories, and their contributions. Led by the

Administration for Community Living (ACL), the annual observance offers a special opportunity to learn about,

support, and recognize our nation’s older citizens. This year’s theme, "Engage at Every Age" emphasizes that you

are never too old (or too young) to take part in activities that can enrich your physical, mental and emotional

well-being and celebrates the many ways older adults make a difference in our communities.

Oneida Elder Services will use OAM 2018 to focus on how older adults in our community are redefining aging—

through work or family interests, by taking charge of their health and staying independent for as long as

possible, and through their community and advocacy efforts. We can also use this opportunity to learn how we

can best support and learn from our community’s older members.

Throughout the month, Elder Services will conduct activities and share information designed to highlight local

programs, resources, stories, etc. We encourage you to get involved with the activities which are all held at the

Congregate Meal Site and listed below:

1st, 1:15p-Oneida Hymnal Singers

3rd, 10:00a-Hand Reflexology & Essential Oils

11th, 12:00p-Snapchat-Youth from Oneida High School teaching elders snap chat

18th, 1:00p-Elder Dance-DJ Jammin Joey Ninham

22nd, 10:00a-Old Photos w/ Loretta Metoxen

29th, 11:00a-Take an Elder to lunch date

31st,10:00a-Story Telling w/ Brian Doxtator

Here is the link for more information on Older Americans Month https://oam.acl.gov/index.html

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # __________

Older Americans Month 2018

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 Nation Constitution by the Oneida General Tribal Council; and

WHEREAS,

The Oneida community includes older Americans who richly contribute to our community;

and

WHEREAS,

The Oneida Nation is committed to supporting Oneida Elders as they take charge of their

health, explore new opportunities and focus on independence; and

WHEREAS,

The Oneida Nation is committed to providing enrichment opportunities for Oneida people

of all ages; and

NOW THEREFORE BE IT RESOLVED, “That the Oneida Nation does hereby proclaim May 2018 to be

older Americans month.”

BE IT FINALLY RESOLVED, “That all Oneida Nation members are encouraged to take time during this

month to acknowledge the ongoing contributions made by Oneida elders to the history and future of the

Oneida Nation.”

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

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2. General Information:

Session:

~ Open

AgendaHeader:

D Executive- See instructions for the applicable laws, then choose one:

LjR_e_so_l_ut_io_n_s______________________________________________________~

D Accept as Information only

lg] Action - please describe:

Motion to approve resolution

3. Supporting Materials

D Report

D Contract

lg] Resolution

D Other:

.---------------------------------.

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3.

2.

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D Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

D Budgeted -Grant Funded

D Unbudgeted

5. Submission

AuthorlzedSponsor/Liaison:

LIN_a_th_a_n_K_i_ng~,_D_i_re_c_to_r_AG__A_C__________________________________~

Primary Requestor/Submitter:

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # __________

Contribution to the Experience Greater Green Bay

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 Business Committee adopted the Room Tax law to collect a transient room

tax at all hotel facilities with the Oneida Reservation for the purposes of promoting

tourism; and

WHEREAS,

the Room Tax revenues are committed through resolution # BC-03-24-99-C regarding

allocation for the support of the Tourism and Promotions Department, and through

adoption of a Room Tax Funding Agreement adopted at the August 22, 2012, Oneida

Business Committee meeting: and

WHEREAS,

the Room Tax revenues have been utilized to fund tourism and supporting the Green Bay

Convention and Visitors Bureau since adoption of resolution in 1999 and the funding

agreement in 2012 with excess funds from room tax collection being placed in the Hotel

Tax Fund; and

WHEREAS,

the Green Bay Convention and Visitors Bureau is developing and constructing a new

Visitor’s Center and has requested participation by the Oneida Nation; and

WHEREAS,

the new Visitor’s Center will have a prominent display and interactive areas that will allow

the Oneida Nation to promote its tourism and business activities; and

WHEREAS,

our relationship with the Green Bay Convention and Visitors Bureau has been a positive

partnership promoting the Oneida Nation and its subsidiaries; and

WHEREAS,

the Oneida Business Committee desires to continue to support this relationship and

participate in the opportunity to promote the Oneida Nation at the new Visitors Center in

the future through building branding opportunities, display and information space

allocations, and opportunities to utilize space for promotional activities; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee authorizes the allocation of

$1.5 million from the Hotel Tax Fund to be utilized for the purposes of funding the new Green Bay

Convention and Visitors Bureau Visitors Center.

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



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~

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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Oneida Business Committee

() ( \ ·

David P. Jordan, LOC Chairperson .

~ ?_JY~

April 20, 2018

Military Service Employee Protection Act Emergency Amendments

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

Service Employee Protection Act Emergency Amendments:

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Resolution: Military Service Employee Protection Act Emergency Amendments

Statement of Effect: Military Service Employee Protection Act Emergency Amendments

Military Service Employee Protection Act Emergency Amendments Legislative Analysis

Military Service Employee Protection Act (Redline)

Military Service Employee Protection Act (Clean)

Overview

Emergency amendments to the Military Service Employee Protection Act (the "Law") are

requested in order to address the dissolution of the Personnel Commission through resolution

BC-04-11-18-A for the purpose of consolidating employment related grievance hearings into the

Judiciary- Trial Comi.

The Oneida Business Committee can temporarily enact legislation when necessary for the

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

population and when the amendment of legislation is required sooner than would be possible

under the Legislative Procedures Act. A fiscal impact statement and public meeting are not

required for emergency legislation. [I 0. C. I 09.9-5].

The emergency amendments to this Law are necessary for the preservation of the general welfare

of the reservation population, in an effort to ensure that employees of the Nation have due

process rights in the absence of the Personnel Commission. Additionally, observance of the

adoption requirements under the Legislative Procedures Act for adoption of this amendment

would be contrary to public interest.

The emergency amendments to the Law will become effective immediately upon adoption by the

Oneida Business Committee, and will remain effective for six (6) months, with the possibility to

extend for an additional six (6) months, or until the emergency amendments expire or are

permanently adopted. [I 0. C. I 09.9-S(b)}.

Requested Action

Approve the Resolution: Military Service Employee Protection Act Emergency Amendments.

Page 1 of 1

A good mind. A good heart. A strong fi re.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # __________

Military Service Employee Protection Act Emergency Amendments

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Military Service Employee Protection Act (“the Law”) was adopted by the Oneida

Business Committee through resolution BC-10-24-07-E; and

WHEREAS,

the Law intends to minimize the disruption to the lives of employees of the Nation serving

in the military as well as to the Nation by providing for the prompt reemployment of such

persons upon completion of such service, and prohibits discrimination against people

because they serve in the military; and

WHEREAS,

the Law currently contains references to the Personnel Commission’s employee

grievance and disciplinary action hearing authority in regards to enforcement of

employment or reemployment rights; and

WHEREAS,

the Oneida Business Committee dissolved the Personnel Commission on April 11, 2018,

through resolution BC-04-11-18-A in an effort to consolidate employment related

grievance hearings into the Judiciary to increase consistency in hearing processes,

efficiency, and reduce overall costs to the Oneida Nation; and

WHEREAS,

resolution BC-04-11-18-A requires the Legislative Operating Committee to develop and

present emergency legislative amendments to fully address the impact of this resolution

by the April 25, 2018, Oneida Business Committee meeting; and

WHEREAS,

resolution BC-04-11-18-A states that emergency action to amend legislation to change

references to the Personnel Commission to reflect either the Judiciary – Trial Court or the

new Personnel Selection Committee is needed to contain expenditures which may go

over budget, to provide standards in hearing processes, and provides clear judicial

hearing authority; and

WHEREAS,

the emergency amendments to the Law replace any reference to the Personnel

Commission with a reference to the Trial Court, and provides a definition for Trial Court;

and

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BC Resolution # __________

Military Service Employee Protection Act Emergency Amendments

Page 2 of 2

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WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months,

renewable for an additional six (6) months; and

WHEREAS,

the emergency adoption of these amendments to the Law are necessary for the

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

in order to ensure that the general welfare and due process rights of employees of the

Nation are preserved in absence of the Personnel Commission; and

WHEREAS,

observance of the adoption requirements under the Legislative Procedures Act for

adoption of this amendment would be contrary to public interest; and

WHEREAS,

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

statement when considering emergency legislation.

NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Military Service

Employee Protection Act are hereby adopted on an emergency basis and shall become effective

immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Military Service Employee Protection Act Emergency Amendments

Summary

This Resolution adopts emergency amendments to the Military Service Employee Protection Act

which would replace any reference to the Personnel Commission with a reference to the Trial

Court, and provides a definition for Trial Court.

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

Date: April 20, 2018

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Military Service Employee Protection Act

(“the Law”). The Law was adopted by the Oneida Business Committee on October 24, 2007,

through resolution BC-10-24-17-E. The Law intends to minimize the disruption to the lives of

employees of the Nation serving in the military as well as to the Nation by providing for the

prompt reemployment of such persons upon completion of such service, and prohibits

discrimination against people because they serve in the military.

Currently, the Law contains references to the Personnel Commission’s employee grievance and

disciplinary action hearing authority in regards to enforcement of employment or reemployment

rights.

On April 11, 2018, the Oneida Business Committee dissolved the Personnel Commission

through resolution BC-04-11-18-A for the purpose of consolidating employment related

grievance hearings into the Judiciary in an effort to increase consistency in hearing processes,

efficiency, and reduce overall costs to the Oneida Nation. The Oneida Business Committee felt it

was now appropriate to begin consolidating employment related grievance hearings into the

Judiciary as the number of current cases in the Personnel Commission was low and the costs of

maintaining judicial hearing authorities continues to increase.

Oneida Business Committee resolution BC-04-11-18-A also requires that the Legislative

Operating Committee develop and present emergency legislative amendments to fully address

the impact of this resolution to the next Oneida Business Committee meeting. This resolution

states that emergency action to amend legislation to change references to the Personnel

Commission to reflect either the Judiciary – Trial Court or the new Personnel Selection

Committee is needed to contain expenditures which may go over budget, to provide standards in

hearing processes, and provides clear judicial hearing authority.

The emergency amendments to the Law replace any reference to the Personnel Commission with

a reference to the Trial Court, and also provide a definition for Trial Court.

Page 1 of 2

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The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency

action where it is “necessary for the immediate preservation of the public health, safety or

general welfare of the reservation population” and when “enactment or amendment of legislation

is required sooner than would be possible under the Legislative Procedures Act.” [1 O.C. 109.95].

The emergency amendments to this Policy are necessary for the preservation of the public health,

safety, or general welfare of the reservation population in order to ensure that the general welfare

and due process rights of employees of the Nation are preserved in the absence of the Personnel

Commission. Additionally, observance of the adoption requirements under the LPA for adoption

of this amendment would be contrary to public interest. Through the resolution BC-04-11-18-A,

the Oneida Business Committee has issued a finding of an emergency and has stated the

necessity for approving emergency amendments to this Policy.

The emergency amendments to the Military Service Employee Protection Act will take effect

immediately upon adoption by the Oneida Business Committee. The emergency amendments

will remain effective for six (6) months, with the possibility to extend for an additional six (6)

months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.95(b)].

Conclusion

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

Page 2 of 2

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Analysis to redline Draft #1 for OBC Emergency Adoption

2018 04 20

Emergency Amendments to

Military Service Employee Protection Act

Legislative Analysis

SECTION 1. BACKGROUND

REQUESTER:

OBC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

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SPONSOR:

DRAFTER:

ANALYST:

David Jordan

Clorissa Santiago

Brandon Wisneski

The intent of the amendments is to transfer the Personnel Commission’s

responsibilities under this law to the Oneida Judiciary Trial Court.

The purpose of the Military Service Employee Protection Act is to minimize

disruption of the lives of Tribal employees serving in the military, to provide for

prompt reemployment of these individuals upon completion of their service, and

to prevent discrimination against people who serve in the military [see Military

Service Employee Protection Act, 2 O.C. 213.1-1].

Oneida Judiciary, Oneida Human Resources Department, Oneida Personnel

Commission, all Oneida Nation employees who serve in the military.

Military Service Employee Protection Act.

Individuals denied employment or reemployment under this law may file a

complaint with their area manager and appeal the area manager’s decision to the

Trial Court [see Military Service Employee Protection Act, 2 O.C. 213.11]

A public hearing is not required for emergency legislation.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. On April 11, 2018, the Oneida Business Committee dissolved the Oneida Personnel Commission and

directed that the Commission’s hearing authority be transferred to the Oneida Judiciary. The OBC

directed the LOC to draft emergency amendments to address the impact of this resolution and placed

the commission’s pending cases on hold until emergency amendments are adopted [see BC

Resolution 04-11-18-A]. On the same day, the Oneida Business Committee created the Personnel

Selection Committee to assume the Personnel Commission’s responsibilities related to job screening

and interviews. [see BC Resolution 04-11-18-B].

B. References to the Personnel Commission appear in several of the Nation’s laws. Now that the

Personnel Commission is dissolved, amendments are necessary to transfer the Personnel

Commission’s responsibilities to the Oneida Judiciary or to the newly created Personnel Selection

Committee.

C. These emergency amendments ensure that the Nation’s employees who serve in the military will

continue to have an avenue to appeal their cases under this law.

SECTION 3. CONSULTATION

A. The Judiciary Law, Personnel Policies and Procedures, Employee Protection Policy, and Military

Service Employee Protection Act were reviewed in drafting this analysis.

B. Personnel Commission staff were consulted regarding the number of pending cases and filing fees.

Page 1 of 3

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Analysis to redline Draft #1 for OBC Emergency Adoption

2018 04 20

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SECTION 4. PROCESS

A. This amendment is being considered on an emergency basis. The Oneida Business Committee may

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

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

legislation is required sooner than would be possible under this law [see Legislative Procedures Act,

1 O.C. 109.9-5].

B. Through resolution BC-04-11-18-A, the OBC has issued a finding of an emergency and has stated the

necessity for approving emergency amendments to this law. Emergency amendments to this law are

necessary for the preservation of the general welfare of the reservation population, in an effort to

ensure that employees of the Nation have due process rights in the absence of the Personnel

Commission.

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

considering emergency legislation; however they will be required when considering permanent

adoption of this amendment. Emergency amendments expire six (6) months after adoption and may

be renewed for one additional six (6) month period.

D. This law was originally added to the Active Files List on 12/20/2017 and reclassified as emergency

amendments on 4/18/2018.

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SECTION 5. CONTENTS OF THE LEGISLATION

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SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Removal of Personnel Commission from Appeals Process. The appeals process in this law has been

revised to remove references to the Oneida Personnel Commission and replace them with the Trial

Court:

i. Definitions. A definition for “Trial Court” has been added. [see Military Service Employee

Protection Act, 2 O.C. 213.3(j)].

ii. If the area manager does not resolve a complaint within ten (10) working days, an individual

may now take their complaint to the Trial Court, rather than the Personnel Commission [see

Military Service Employee Protection Act, 2 O.C. 213.11-5].

iii. If an employee appeals the area manager’s decision under this law, the appeal must now be filed

with the Trial Court instead of the Personnel Commission [see Military Service Employee

Protection Act, 2 O.C. 213.11-6].

iv. The Trial Court, rather than the Personnel Commission, must notify the Human Resources

Department within one (1) business day when an employee files an appeal [see Military Service

Employee Protection Act, 2 O.C. 213.11-6].

v. The Trial Court, rather than the Personnel Commission, may award relief by requiring the

Nation to comply with the provisions of this law or by requiring the Nation to compensate for

any back pay or loss of benefits [see Military Service Employee Protection Act, 2 O.C. 213.117].

A. As a result of the dissolution of the Personnel Commission and creation of the Personnel Selection

Committee, the following laws must also be amended to remove references to the Personnel

Commission:

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Analysis to redline Draft #1 for OBC Emergency Adoption

2018 04 20

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i. Oneida Personnel Policies and Procedures

ii. Oneida Employee Protection Policy

iii. Oneida Judiciary Rules of Civil Procedure

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR

OBLIGATIONS

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A. Pending Cases. Five cases are currently pending before the Personnel Commission. These cases

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have been placed on hold until amendments to this and related laws have been adopted. Any

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timelines associated with these cases have also been placed on hold. At the time this analysis was

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drafted, it is not known how many of these pending cases involve the Military Service Employee

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Protection Act. Upon adoption, these pending cases and all future cases will be transferred to the

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Oneida Judiciary Trial Court. The Business Committee’s resolution indicates that the Judiciary has

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been notified and is prepared to accept these responsibilities [see BC Resolution 04-11-18-A].

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B. Trial Court Filing Fees. The Personnel Commission did not charge filing fees for their services. The

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Trial Court, however, charges a $50 filing fee for general civil cases. Therefore, individuals may now

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be required to pay filing fees in order to have their cases heard under this law.

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i. Fee Waiver. If individuals are unable to pay the filing fee, they may request a fee waiver from

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the court for the following reasons: Unemployed, Health/Medical, Indigent (below poverty

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level), or “other reasons.”

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Title 2. Employment – Chapter 213

MILITARY SERVICE EMPLOYEE PROTECTION ACT

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213-1. Purpose and Policy

213-2. Adoption, Amendment, Repeal

213-3. Definitions

213-4. Character of Service

213-5. Discrimination Against Persons Who Serve in the Military

Prohibited

213-6. Reemployment Rights of Persons who Serve in the Military

213-7. Reemployment Positions

213-8. Benefits of Persons Absent from Employment for Military

Service

213-9. Health Plans

213-10. Retirement Plans

213-11. Enforcement of Employment or Reemployment Rights

213.1.

Purpose and Policy

213.1-1. Purpose. The purposes of this law are:

(a) to minimize the disruption to the lives of Tribal employees serving in the military as

well as to the Tribe by providing for the prompt reemployment of such persons upon

completion of such service; and

(b) to prohibit discrimination against people because they serve in the military.

213.1-2. Policy. It is the policy of the Oneida Tribe to reemploy persons who return from

military service in the same position, or a substantially similar position, of employment the

person held prior to leaving for military service.

213.2.

Adoption, Amendment, Repeal

213.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-24-07E and emergency amended by BC-__-__-__-__.

213.2-2. This law may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal

Council.

213.2-3. 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.

213.2-4. Any law, policy, regulation, rule, resolution, or motion, or portion thereof, which

directly conflicts with the provisions of this law is hereby repealed to the extent that it is

inconsistent with or is contrary to this law.

213.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

213.3. Definitions

213.3-1. 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) AArea Manager@ means the supervisor of the supervisor of an employee who is

protected under this law, or, in other words, two levels of supervision in the chain of

command above the protected employee, or an individual designated to be the Area

Manager by the Division Director (or, in divisions where there is no director, the General

Manager) and approved by the Human Resources Department Manager (or designee).

(b) ABenefit@ means any advantage, profit, privilege, gain, or interest (other than wages or

salary) that accrues by reason of an employment agreement or an employer policy, plan, or

practice and includes rights and benefits under a retirement plan, a health plan, insurance

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coverage, incentives, unemployment benefits, vacations, and the opportunity to select work

hours or location of employment.

(c) AEmployee@ means any person employed by the Oneida Tribe.

(d) AHealth plan@ means an insurance policy or contract or other arrangement under which

health services for individuals are provided or the expenses of such services are paid.

(e) AMilitary@ means the Armed Forces, the Army National Guard and the Air National

Guard when engaged in active duty for training, inactive duty training, or full-time

National Guard duty, the commissioned corps of the Public Health Service, and any other

category of persons designated by the President in time of war or national emergency.

(f) AQualified,@ with respect to an employment position, means having the ability to

perform the essential tasks of the position.

(g) AReasonable efforts@, in the case of actions required of the Tribe under this law, means

actions, including providing training, that do not place an undue hardship on the Tribe.

(h) ASeniority@ means longevity in employment together with any benefits of employment

which accrue with, or are determined by, longevity in employment.

(i) AService@ or Aservice in the military@ means the performance of duty on a voluntary or

involuntary basis in a branch of the military and includes active duty, active duty for

training, initial active duty for training, inactive duty training, full-time National Guard

duty, the time a person is absent from a position of employment for the purpose of an

examination to determine the fitness of the person to perform any such duty, and the period

for which a person is absent from employment for the purpose of performing funeral

honors duty.

(j) “Trial Court” means the Court of the Oneida Judiciary where evidence and testimony

are first introduced, received, and considered. The Oneida Judiciary was established by

Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial

authorities and responsibilities of the Nation.

(jk) ATribe@ means the Oneida Tribe of Indians of Wisconsin as employer through its

divisions, departments, programs, enterprises or other subdivisions of the Tribe.

(kl) AUndue hardship@, in the case of actions taken by the Tribe, means actions requiring

significant difficulty or expense, when considered in light of:

(1) the nature and cost of the action needed under this Law;

(2) the overall financial resources of the department involved in the provision of

the action; the number of persons employed within the department; the effect on

expenses and resources, or the overall impact of such action upon the operation of

the department;

(3) the financial resources of the Tribe; the size of the Tribe with respect to how

many employees and departments it has; and

(4) the type of operation(s) of the Tribe, including the composition, structure, and

functions of the work force of its departments.

213.4. Character of Service

213.4-1. Those who serve in the military are ineligible to receive benefits under this law if they:

(a) receive a dishonorable discharge or a bad conduct discharge; or

(b) receive a dismissal from a general court-martial, or by order of the President; or

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(c) are dropped from the rolls because they have been:

(1) absent without authority for at least three months; or

(2) sentenced by a court-martial to confinement for more than six (6) months and

have served at least six (6) months; or

(3) sentenced to confinement in a penitentiary or correctional institution after

having been found guilty of an offense by a court other than a court-martial or

other military court, and whose sentence has become final.

213.5. Discrimination Against Persons Who Serve in the Military Prohibited

213.5-1. The Tribe shall not deny employment, reemployment, retention in employment,

promotion, or any benefit of employment on the basis of a person=s membership, application for

membership, performance of service, application for service, or obligation to perform service in

the military.

213.5-2. The Tribe may not discriminate in employment against or take any adverse

employment action against anyone because such person has exercised a right or taken an action

to enforce a protection afforded under this law, has testified or otherwise made a statement in or

in connection with any proceeding under this law, or has participated in an investigation under

this law.

213.5-3. The Tribe shall not be considered to have engaged in a prohibited action if the same

action would have been taken regardless of an employee's military status.

213.5-4. Sections 213.5-1 and 213.5-2 shall apply to any position of employment, including a

position that is described in 213.6-4(c).

213.6. Reemployment Rights of Persons Who Serve in the Military

213.6-1. Any person who takes a leave of absence from an employment position to serve in the

military shall be entitled to the reemployment benefits and other employment benefits of this law

if:

(a) the Tribe receives advance written notice of such service as soon as practicable after

the employee receives notice;

(b) the cumulative length of the absence and of all previous absences with the Tribe by

reason of service in the military does not exceed five (5) years; and

(c) except as provided in 213.6-6, the person reports to the Tribe in accordance with 213.65.

213.6-2. No notice is required under 213.6-1(a) if it is precluded by military necessity or,

under all of the relevant circumstances, the giving of notice is otherwise impossible or

unreasonable.

213.6-3. When calculating the length of absence under 213.6-1(b) the Tribe shall not include

any service:

(a) that is required, beyond five (5) years, to complete an initial period of obligated

service;

(b) during which such person was unable to obtain orders releasing such person from a

period of service in the military before the expiration of such five (5) year period and such

inability was through no fault of such person;

(c) performed as required pursuant to training requirements for reservists and National

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Guard members;

(d) performed by a member of the military service who is:

(1) ordered to or retained on active duty involuntarily during domestic emergency

or national security related situations;

(2) ordered to or retained on active duty under any provision of law because of a

war or national emergency declared by the President of the United States or the

Congress;

(3) ordered to active duty in support of an Aoperational mission@, without his or

her consent;

(4) ordered to active duty in support of a Acritical mission or requirement@ in

times other than war or national emergency and when no involuntary call up is in

effect; or

(5) called into Federal service by the President as a member of the National

Guard to suppress an insurrection, repel an invasion, or execute the laws of the

United States.

213.6-4. Tribe=s Right to Not Reemploy. The Tribe is not required to reemploy a person under

this law if:

(a) circumstances have so changed as to make such reemployment impossible or

unreasonable;

(b) in the case of a person entitled to reemployment under 213.7-1(c), (d), or 213.7-2, such

employment would impose an undue hardship on the Tribe; or

(c) the employment from which the person leaves is for a brief, nonrecurrent period (i.e.

seasonal, temporary, limited term) and there is no reasonable expectation that such

employment will continue indefinitely or for a significant period.

(d) the Tribe shall have the burden of proving the impossibility or unreasonableness, undue

hardship, or the brief or nonrecurrent nature of the employment.

213.6-5. Except as provided under 213.6-6, an employee referred to in 213.6-1 shall notify the

Tribe of the person=s intent to return to a position of employment within ninety (90) days of

separation of active duty service and within thirty-one (31) days from completion of training for

reservists. The Tribe shall, as soon as practicable after receiving notice, make arrangements with

the employee for an employment return date.

213.6-6. A person who is hospitalized for, or recovering from, an illness or injury incurred in,

or aggravated during, the performance of service in the military shall, at the end of the period

that is necessary for the person to recover from such illness or injury notify the Tribe of the

person=s intent to return to a position of employment. Such period of recovery may not exceed

two (2) years, unless the minimum time required to accommodate the circumstances beyond such

person=s control is longer than two years, making reporting within the period specified

impossible or unreasonable.

213.6-7. A person who fails to report for reemployment within the appropriate period shall not

automatically forfeit such person=s entitlement to the benefits referred to in section 213.6-1 but

shall be subject to the Tribe=s policies and procedures pertaining to discipline with respect to

absence from scheduled work.

213.6-8. A person who has notified the Tribe of the person=s intent to return to a position of

employment in accordance with section 213.6-5 shall, upon the request of the Tribe, provide

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documentation to establish that:

(a) the notification is timely;

(b) the time limits in section 213.6-1(b) have not been exceeded, except as permitted under

section 213.6-3; and

(c) the person=s entitlement to benefits has not been terminated pursuant to section 213.4.

213.6-9. The timing, frequency, and duration of a person=s training or service, or the nature of

such training or service (including voluntary service) in the military, shall not be a basis for

denying protection of this law if the service does not exceed the limitations set forth under

section 213.6-3 and the notice and notification requirements established in this section are met.

213.6-10. The Human Resources Department shall inform employees of their rights, benefits,

and obligations under this law and shall provide assistance to employees with respect to the

employment and reemployment benefits to which they are entitled under this law.

213.7. Reemployment Positions

213.7-1. A person entitled to reemployment under section 213.6 shall be promptly reemployed

in a position of employment in accordance with the following order of priority:

(a) In the case of a person whose period of service in the military was for less than ninetyone (91) days:

(1) in the position which the person would have been employed if the continuous

employment of such person had not been interrupted by such service, the duties of

which the person is qualified to perform; or

(2) in the position which the person was employed on the date of the

commencement of the service in the military, only if the person is not qualified to

perform the duties of the position referred to under section 213.7-1(a)(1) after

reasonable efforts by the Tribe to qualify the person.

(b) In the case of a person whose period of service in the military was for more than ninety

(90) days:

(1) in the position which the person would have been employed if the continuous

employment of such person had not been interrupted by such service, or a position

of like seniority, status and pay, the duties of which the person is qualified to

perform; or

(2) in the position which the person was employed on the date of the

commencement of the service, or a position of like seniority, status and pay, the

duties of which the person is qualified to perform, only if the person is not

qualified to perform the duties of the position referred to under section 213.71(b)(1) after reasonable efforts by the Tribe to qualify the person.

(c) In the case of a person who has a disability incurred in, or aggravated during, service,

and after reasonable efforts by the Tribe to accommodate the disability, is not qualified due

to such disability to be employed in the position of employment in which the person would

have been employed if the continuous employment of such person with the Tribe had not

been interrupted by such service:

(1) in any other position which is equivalent in seniority, status, and pay, the

duties of which the person is qualified to perform or can become qualified to

perform with reasonable efforts by the Tribe; or

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(2) in a position which is the nearest approximation to a position referred to in (1)

in terms of seniority, status, and pay consistent with such person=s case.

(d) In the case of a person who is not qualified to become reemployed under 213.7-1(a) (c) and cannot become qualified, even with reasonable efforts by the Tribe, in any other

position which is the nearest approximation to a position which such person is qualified to

perform, with full seniority.

213.7-2. If two or more persons are entitled to reemployment in the same position and more than

one of them has reported for reemployment, the person who left the position first shall have the

prior right to reemployment in that position.

213.7-3. A person entitled to reemployment who is not reemployed because of section 213.7-2

shall be entitled to reemployment in any other position referred to in section 213.7-1, remaining

consistent with the circumstances of such person=s case, in the order of priority set out in the

appropriate section, with full seniority.

213.8. Benefits of Persons Absent from Employment for Military Service

213.8-1. A person who is reemployed under this law is entitled to the seniority and other

benefits determined by seniority that the person had on the date of the commencement of service

in the military plus the additional seniority and benefits that such person would have attained if

the person had remained continuously employed.

213.8-2. A person who is absent from a position of employment by reason of service in the

military shall be:

(a) deemed to be on a leave of absence while performing such service; and

(b) entitled to other benefits not determined by seniority as are generally provided by the

Tribe to employees having similar seniority, status, and pay who are on leave of absence

under a contract, agreement, policy, practice, or plan in effect at the commencement of

such service or established while such person performs such service.

213.8-3. A person who

(a) is absent from an employment position because of service in the military, and

(b) knowingly provides written notice of intent not to return to a position of employment

after service in the military, is not entitled to benefits under this section.

The Tribe has the burden of proving that a person knowingly provided written notice of intent

not to return to a position after service in the military and was aware of the specific benefits to be

lost.

213.8-4. A person on leave of absence for military service shall not be entitled to any benefits to

which the person would not otherwise be entitled if the person had remained continuously

employed.

213.8-5. A person may be required to pay the Tribe=s cost, if any, of any funded benefit

continued to the extent other employees on leave of absence are so required.

213.8-6. A person who is reemployed under this law shall only be terminated in accordance with

the Oneida Personnel Policies and Procedures.

213.8-7. Any person whose employment is interrupted by military service shall be permitted to

use, during such period of service, any vacation or personal time accrued by the person before

the commencement of such service. The Tribe may not require any person to use vacation or

personal time during such period of service.

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213.8-8. The Tribe shall grant an employee who is a reserve member an unpaid temporary leave

of absence in order to perform funeral honors duty. Employees may use vacation or personal

time to perform funeral honors duty if eligible.

213.9. Health Plans

213.9-1. If a person, or a person=s dependents, has coverage under a health plan through the

Tribe and such person is on a leave of absence for military service, the plan shall provide that the

coverage may be continued. The maximum period of coverage of a person and the person=s

dependents shall be the lesser of:

(a) the eighteen (18) month period beginning on the date on which the person=s absence

begins; or

(b) the day after the date on which the person fails to return to a position of employment,

as determined under section 213.6-5.

213.9-2. A person who elects to continue health-plan coverage may be required to pay not more

than the amount paid by other employees who take a leave of absence, except that in the case of

a person who serves in the military for less than thirty-one (31) days, such person may not be

required to pay more than the employee share, if any, for such coverage.

213.9-3. If a person=s health plan is terminated by reason of military service, an exclusion or

waiting period may not be imposed in connection with the reinstatement of such coverage upon

reemployment if an exclusion or waiting period would not have been imposed had coverage of

such person not been terminated as a result of such service.

(a) This shall apply to the person who is reemployed and to his or her dependents who are

covered under the plan with the reinstatement of coverage of such person.

(b) This shall not apply to the coverage of any illness or injury incurred in, or aggravated

during, performance of service in the military.

213.10. Retirement and Pension Plans

213.10-1. Each period served by a person in the military shall, upon reemployment, be deemed

to constitute service for the purpose of determining the nonforfeitability of the person=s accrued

benefits and for the purpose of determining the accrual of benefits under a retirement or pension

plan.

(a) When a person is absent from a position of employment for more than ninety (90) days

and is reemployed, the Tribe may require documentation before treating the person as not

having incurred a break in service for retirement or pension plan purposes under this

section.

213.10-2. A person reemployed under this law shall be entitled to accrued benefits that are

contingent on the making of, or derived from, employee contributions or elective deferrals if the

person makes payment to a retirement or pension plan with respect to such contributions or

deferrals. If the employee makes up the contributions, the Tribe shall make up any required

matching contributions. No such payment may exceed the amount the person would have been

permitted or required to contribute had the person remained continuously employed by the Tribe

throughout the period of service. Any payment to a retirement or pension plan shall be made

during the period beginning with the date of reemployment and whose duration is three (3) times

the period of the person=s service in the military, such payment period not to exceed five (5)

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years.

213.10-3. For purposes of computing the Tribe=s liability or the employee=s contributions, the

employee=s compensation during the period of service shall be computed:

(a) at the rate the employee would have received but for the period of service;

(b) in the case that the determination of such rate is not reasonably certain, on the basis of

the employee=s average rate of compensation during the twelve (12) month period

immediately preceding such period (or, if shorter, the period of employment immediately

preceding such period).

213.10-4. Pension Plan. When a person who participates in a pension plan is reemployed after a

period of military service, the Tribe shall be liable to the pension plan for funding any obligation

to provide the benefits the employee would have received had they not taken a leave of absence.

The Tribe shall allocate the amount of the Tribal contribution for the person in the same manner

and to the same extent the allocation occurred for other employees eligible for the pension plan

during the period of service. For purposes of determining the amount of such liability and any

obligation of the pension plan, earnings and forfeitures shall not be included.

213.11. Enforcement of Employment or Reemployment Rights

213.11.1. The Tribe shall notify, in writing, any person who has been denied employment,

reemployment, or benefits under this law.

213.11-2. A person may file a complaint whenever such person claims that:

(a) he or she is entitled to employment or reemployment rights or benefits with respect to

employment by the Tribe; or

(b) the Tribe has failed or refused to comply with the provisions of this law.

213.11-3. Such complaint shall be in writing, contain a summary of the allegations that form the

basis for the complaint and be filed with the person=s area manager and the Oneida Human

Resources Manager (or designee) within ten (10) working days from the day the person received

a denial of employment and/or benefits by the Tribe .

213.11-4. If the area manager determines that the action alleged in such complaint occurred, the

area manager shall attempt to resolve the complaint by making reasonable efforts to ensure that

the person or entity named in the complaint complies with the provisions of this law.

213.11-5. If the efforts of the area manager do not resolve the complaint within ten (10) working

days from the receipt of the employee=s complaint, the complainant shall be notified of the

results of the area manager=s investigation and the complainant=s entitlement to refer the

complaint to the Oneida Personnel CommissionTrial Court. One extension of no more than five

(5) working days may be requested of and granted by the Oneida Human Resources Manager (or

designee) at his or her discretion.

213.11-6. If an employee appeals the area manager=s decision, the appeal must be filed with the

Oneida Personnel CommissionTrial Court within ten (10) working days of the employee=s

receipt of the Area Manager=s decision. The Commission Trial Court shall notify the Human

Resources Manager (or designee) within one (1) business day when an employee files an appeal.

213.11-7. Remedies. In any action relating to this law, relief may be awarded as follows:

(a) Require the Tribe to comply with the provisions of this law; and/or

(b) Require the Tribe to compensate the person for any loss of wages or benefits suffered

by reason of the Tribe=s failure to comply with the provisions of this law.

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213.11-8. Any compensation awarded shall be in addition to, and shall not diminish, any of the

other benefits provided for under this law.

End.

Adopted - BC-10-24-07-E

Emergency Amended – BC-__-__-__-__

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Title 2. Employment – Chapter 213

MILITARY SERVICE EMPLOYEE PROTECTION ACT

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213-1. Purpose and Policy

213-2. Adoption, Amendment, Repeal

213-3. Definitions

213-4. Character of Service

213-5. Discrimination Against Persons Who Serve in the Military

Prohibited

213-6. Reemployment Rights of Persons who Serve in the Military

213-7. Reemployment Positions

213-8. Benefits of Persons Absent from Employment for Military

Service

213-9. Health Plans

213-10. Retirement Plans

213-11. Enforcement of Employment or Reemployment Rights

213.1.

Purpose and Policy

213.1-1. Purpose. The purposes of this law are:

(a) to minimize the disruption to the lives of Tribal employees serving in the military as

well as to the Tribe by providing for the prompt reemployment of such persons upon

completion of such service; and

(b) to prohibit discrimination against people because they serve in the military.

213.1-2. Policy. It is the policy of the Oneida Tribe to reemploy persons who return from

military service in the same position, or a substantially similar position, of employment the

person held prior to leaving for military service.

213.2.

Adoption, Amendment, Repeal

213.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-24-07E and emergency amended by BC-__-__-__-__.

213.2-2. This law may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal

Council.

213.2-3. 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.

213.2-4. Any law, policy, regulation, rule, resolution, or motion, or portion thereof, which

directly conflicts with the provisions of this law is hereby repealed to the extent that it is

inconsistent with or is contrary to this law.

213.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

213.3. Definitions

213.3-1. 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) AArea Manager@ means the supervisor of the supervisor of an employee who is

protected under this law, or, in other words, two levels of supervision in the chain of

command above the protected employee, or an individual designated to be the Area

Manager by the Division Director (or, in divisions where there is no director, the General

Manager) and approved by the Human Resources Department Manager (or designee).

(b) ABenefit@ means any advantage, profit, privilege, gain, or interest (other than wages or

salary) that accrues by reason of an employment agreement or an employer policy, plan, or

practice and includes rights and benefits under a retirement plan, a health plan, insurance

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coverage, incentives, unemployment benefits, vacations, and the opportunity to select work

hours or location of employment.

(c) AEmployee@ means any person employed by the Oneida Tribe.

(d) AHealth plan@ means an insurance policy or contract or other arrangement under which

health services for individuals are provided or the expenses of such services are paid.

(e) AMilitary@ means the Armed Forces, the Army National Guard and the Air National

Guard when engaged in active duty for training, inactive duty training, or full-time

National Guard duty, the commissioned corps of the Public Health Service, and any other

category of persons designated by the President in time of war or national emergency.

(f) AQualified,@ with respect to an employment position, means having the ability to

perform the essential tasks of the position.

(g) AReasonable efforts@, in the case of actions required of the Tribe under this law, means

actions, including providing training, that do not place an undue hardship on the Tribe.

(h) ASeniority@ means longevity in employment together with any benefits of employment

which accrue with, or are determined by, longevity in employment.

(i) AService@ or Aservice in the military@ means the performance of duty on a voluntary or

involuntary basis in a branch of the military and includes active duty, active duty for

training, initial active duty for training, inactive duty training, full-time National Guard

duty, the time a person is absent from a position of employment for the purpose of an

examination to determine the fitness of the person to perform any such duty, and the period

for which a person is absent from employment for the purpose of performing funeral

honors duty.

(j) “Trial Court” means the Court of the Oneida Judiciary where evidence and testimony

are first introduced, received, and considered. The Oneida Judiciary was established by

Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial

authorities and responsibilities of the Nation.

(k) ATribe@ means the Oneida Tribe of Indians of Wisconsin as employer through its

divisions, departments, programs, enterprises or other subdivisions of the Tribe.

(l) AUndue hardship@, in the case of actions taken by the Tribe, means actions requiring

significant difficulty or expense, when considered in light of:

(1) the nature and cost of the action needed under this Law;

(2) the overall financial resources of the department involved in the provision of

the action; the number of persons employed within the department; the effect on

expenses and resources, or the overall impact of such action upon the operation of

the department;

(3) the financial resources of the Tribe; the size of the Tribe with respect to how

many employees and departments it has; and

(4) the type of operation(s) of the Tribe, including the composition, structure, and

functions of the work force of its departments.

213.4. Character of Service

213.4-1. Those who serve in the military are ineligible to receive benefits under this law if they:

(a) receive a dishonorable discharge or a bad conduct discharge; or

(b) receive a dismissal from a general court-martial, or by order of the President; or

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(c) are dropped from the rolls because they have been:

(1) absent without authority for at least three months; or

(2) sentenced by a court-martial to confinement for more than six (6) months and

have served at least six (6) months; or

(3) sentenced to confinement in a penitentiary or correctional institution after

having been found guilty of an offense by a court other than a court-martial or

other military court, and whose sentence has become final.

213.5. Discrimination Against Persons Who Serve in the Military Prohibited

213.5-1. The Tribe shall not deny employment, reemployment, retention in employment,

promotion, or any benefit of employment on the basis of a person=s membership, application for

membership, performance of service, application for service, or obligation to perform service in

the military.

213.5-2. The Tribe may not discriminate in employment against or take any adverse

employment action against anyone because such person has exercised a right or taken an action

to enforce a protection afforded under this law, has testified or otherwise made a statement in or

in connection with any proceeding under this law, or has participated in an investigation under

this law.

213.5-3. The Tribe shall not be considered to have engaged in a prohibited action if the same

action would have been taken regardless of an employee's military status.

213.5-4. Sections 213.5-1 and 213.5-2 shall apply to any position of employment, including a

position that is described in 213.6-4(c).

213.6. Reemployment Rights of Persons Who Serve in the Military

213.6-1. Any person who takes a leave of absence from an employment position to serve in the

military shall be entitled to the reemployment benefits and other employment benefits of this law

if:

(a) the Tribe receives advance written notice of such service as soon as practicable after

the employee receives notice;

(b) the cumulative length of the absence and of all previous absences with the Tribe by

reason of service in the military does not exceed five (5) years; and

(c) except as provided in 213.6-6, the person reports to the Tribe in accordance with 213.65.

213.6-2. No notice is required under 213.6-1(a) if it is precluded by military necessity or,

under all of the relevant circumstances, the giving of notice is otherwise impossible or

unreasonable.

213.6-3. When calculating the length of absence under 213.6-1(b) the Tribe shall not include

any service:

(a) that is required, beyond five (5) years, to complete an initial period of obligated

service;

(b) during which such person was unable to obtain orders releasing such person from a

period of service in the military before the expiration of such five (5) year period and such

inability was through no fault of such person;

(c) performed as required pursuant to training requirements for reservists and National

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Guard members;

(d) performed by a member of the military service who is:

(1) ordered to or retained on active duty involuntarily during domestic emergency

or national security related situations;

(2) ordered to or retained on active duty under any provision of law because of a

war or national emergency declared by the President of the United States or the

Congress;

(3) ordered to active duty in support of an Aoperational mission@, without his or

her consent;

(4) ordered to active duty in support of a Acritical mission or requirement@ in

times other than war or national emergency and when no involuntary call up is in

effect; or

(5) called into Federal service by the President as a member of the National

Guard to suppress an insurrection, repel an invasion, or execute the laws of the

United States.

213.6-4. Tribe=s Right to Not Reemploy. The Tribe is not required to reemploy a person under

this law if:

(a) circumstances have so changed as to make such reemployment impossible or

unreasonable;

(b) in the case of a person entitled to reemployment under 213.7-1(c), (d), or 213.7-2, such

employment would impose an undue hardship on the Tribe; or

(c) the employment from which the person leaves is for a brief, nonrecurrent period (i.e.

seasonal, temporary, limited term) and there is no reasonable expectation that such

employment will continue indefinitely or for a significant period.

(d) the Tribe shall have the burden of proving the impossibility or unreasonableness, undue

hardship, or the brief or nonrecurrent nature of the employment.

213.6-5. Except as provided under 213.6-6, an employee referred to in 213.6-1 shall notify the

Tribe of the person=s intent to return to a position of employment within ninety (90) days of

separation of active duty service and within thirty-one (31) days from completion of training for

reservists. The Tribe shall, as soon as practicable after receiving notice, make arrangements with

the employee for an employment return date.

213.6-6. A person who is hospitalized for, or recovering from, an illness or injury incurred in,

or aggravated during, the performance of service in the military shall, at the end of the period

that is necessary for the person to recover from such illness or injury notify the Tribe of the

person=s intent to return to a position of employment. Such period of recovery may not exceed

two (2) years, unless the minimum time required to accommodate the circumstances beyond such

person=s control is longer than two years, making reporting within the period specified

impossible or unreasonable.

213.6-7. A person who fails to report for reemployment within the appropriate period shall not

automatically forfeit such person=s entitlement to the benefits referred to in section 213.6-1 but

shall be subject to the Tribe=s policies and procedures pertaining to discipline with respect to

absence from scheduled work.

213.6-8. A person who has notified the Tribe of the person=s intent to return to a position of

employment in accordance with section 213.6-5 shall, upon the request of the Tribe, provide

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documentation to establish that:

(a) the notification is timely;

(b) the time limits in section 213.6-1(b) have not been exceeded, except as permitted under

section 213.6-3; and

(c) the person=s entitlement to benefits has not been terminated pursuant to section 213.4.

213.6-9. The timing, frequency, and duration of a person=s training or service, or the nature of

such training or service (including voluntary service) in the military, shall not be a basis for

denying protection of this law if the service does not exceed the limitations set forth under

section 213.6-3 and the notice and notification requirements established in this section are met.

213.6-10. The Human Resources Department shall inform employees of their rights, benefits,

and obligations under this law and shall provide assistance to employees with respect to the

employment and reemployment benefits to which they are entitled under this law.

213.7. Reemployment Positions

213.7-1. A person entitled to reemployment under section 213.6 shall be promptly reemployed

in a position of employment in accordance with the following order of priority:

(a) In the case of a person whose period of service in the military was for less than ninetyone (91) days:

(1) in the position which the person would have been employed if the continuous

employment of such person had not been interrupted by such service, the duties of

which the person is qualified to perform; or

(2) in the position which the person was employed on the date of the

commencement of the service in the military, only if the person is not qualified to

perform the duties of the position referred to under section 213.7-1(a)(1) after

reasonable efforts by the Tribe to qualify the person.

(b) In the case of a person whose period of service in the military was for more than ninety

(90) days:

(1) in the position which the person would have been employed if the continuous

employment of such person had not been interrupted by such service, or a position

of like seniority, status and pay, the duties of which the person is qualified to

perform; or

(2) in the position which the person was employed on the date of the

commencement of the service, or a position of like seniority, status and pay, the

duties of which the person is qualified to perform, only if the person is not

qualified to perform the duties of the position referred to under section 213.71(b)(1) after reasonable efforts by the Tribe to qualify the person.

(c) In the case of a person who has a disability incurred in, or aggravated during, service,

and after reasonable efforts by the Tribe to accommodate the disability, is not qualified due

to such disability to be employed in the position of employment in which the person would

have been employed if the continuous employment of such person with the Tribe had not

been interrupted by such service:

(1) in any other position which is equivalent in seniority, status, and pay, the

duties of which the person is qualified to perform or can become qualified to

perform with reasonable efforts by the Tribe; or

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(2) in a position which is the nearest approximation to a position referred to in (1)

in terms of seniority, status, and pay consistent with such person=s case.

(d) In the case of a person who is not qualified to become reemployed under 213.7-1(a) (c) and cannot become qualified, even with reasonable efforts by the Tribe, in any other

position which is the nearest approximation to a position which such person is qualified to

perform, with full seniority.

213.7-2. If two or more persons are entitled to reemployment in the same position and more than

one of them has reported for reemployment, the person who left the position first shall have the

prior right to reemployment in that position.

213.7-3. A person entitled to reemployment who is not reemployed because of section 213.7-2

shall be entitled to reemployment in any other position referred to in section 213.7-1, remaining

consistent with the circumstances of such person=s case, in the order of priority set out in the

appropriate section, with full seniority.

213.8. Benefits of Persons Absent from Employment for Military Service

213.8-1. A person who is reemployed under this law is entitled to the seniority and other

benefits determined by seniority that the person had on the date of the commencement of service

in the military plus the additional seniority and benefits that such person would have attained if

the person had remained continuously employed.

213.8-2. A person who is absent from a position of employment by reason of service in the

military shall be:

(a) deemed to be on a leave of absence while performing such service; and

(b) entitled to other benefits not determined by seniority as are generally provided by the

Tribe to employees having similar seniority, status, and pay who are on leave of absence

under a contract, agreement, policy, practice, or plan in effect at the commencement of

such service or established while such person performs such service.

213.8-3. A person who

(a) is absent from an employment position because of service in the military, and

(b) knowingly provides written notice of intent not to return to a position of employment

after service in the military, is not entitled to benefits under this section.

The Tribe has the burden of proving that a person knowingly provided written notice of intent

not to return to a position after service in the military and was aware of the specific benefits to be

lost.

213.8-4. A person on leave of absence for military service shall not be entitled to any benefits to

which the person would not otherwise be entitled if the person had remained continuously

employed.

213.8-5. A person may be required to pay the Tribe=s cost, if any, of any funded benefit

continued to the extent other employees on leave of absence are so required.

213.8-6. A person who is reemployed under this law shall only be terminated in accordance with

the Oneida Personnel Policies and Procedures.

213.8-7. Any person whose employment is interrupted by military service shall be permitted to

use, during such period of service, any vacation or personal time accrued by the person before

the commencement of such service. The Tribe may not require any person to use vacation or

personal time during such period of service.

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213.8-8. The Tribe shall grant an employee who is a reserve member an unpaid temporary leave

of absence in order to perform funeral honors duty. Employees may use vacation or personal

time to perform funeral honors duty if eligible.

213.9. Health Plans

213.9-1. If a person, or a person=s dependents, has coverage under a health plan through the

Tribe and such person is on a leave of absence for military service, the plan shall provide that the

coverage may be continued. The maximum period of coverage of a person and the person=s

dependents shall be the lesser of:

(a) the eighteen (18) month period beginning on the date on which the person=s absence

begins; or

(b) the day after the date on which the person fails to return to a position of employment,

as determined under section 213.6-5.

213.9-2. A person who elects to continue health-plan coverage may be required to pay not more

than the amount paid by other employees who take a leave of absence, except that in the case of

a person who serves in the military for less than thirty-one (31) days, such person may not be

required to pay more than the employee share, if any, for such coverage.

213.9-3. If a person=s health plan is terminated by reason of military service, an exclusion or

waiting period may not be imposed in connection with the reinstatement of such coverage upon

reemployment if an exclusion or waiting period would not have been imposed had coverage of

such person not been terminated as a result of such service.

(a) This shall apply to the person who is reemployed and to his or her dependents who are

covered under the plan with the reinstatement of coverage of such person.

(b) This shall not apply to the coverage of any illness or injury incurred in, or aggravated

during, performance of service in the military.

213.10. Retirement and Pension Plans

213.10-1. Each period served by a person in the military shall, upon reemployment, be deemed

to constitute service for the purpose of determining the nonforfeitability of the person=s accrued

benefits and for the purpose of determining the accrual of benefits under a retirement or pension

plan.

(a) When a person is absent from a position of employment for more than ninety (90) days

and is reemployed, the Tribe may require documentation before treating the person as not

having incurred a break in service for retirement or pension plan purposes under this

section.

213.10-2. A person reemployed under this law shall be entitled to accrued benefits that are

contingent on the making of, or derived from, employee contributions or elective deferrals if the

person makes payment to a retirement or pension plan with respect to such contributions or

deferrals. If the employee makes up the contributions, the Tribe shall make up any required

matching contributions. No such payment may exceed the amount the person would have been

permitted or required to contribute had the person remained continuously employed by the Tribe

throughout the period of service. Any payment to a retirement or pension plan shall be made

during the period beginning with the date of reemployment and whose duration is three (3) times

the period of the person=s service in the military, such payment period not to exceed five (5)

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213.10-3. For purposes of computing the Tribe=s liability or the employee=s contributions, the

employee=s compensation during the period of service shall be computed:

(a) at the rate the employee would have received but for the period of service;

(b) in the case that the determination of such rate is not reasonably certain, on the basis of

the employee=s average rate of compensation during the twelve (12) month period

immediately preceding such period (or, if shorter, the period of employment immediately

preceding such period).

213.10-4. Pension Plan. When a person who participates in a pension plan is reemployed after a

period of military service, the Tribe shall be liable to the pension plan for funding any obligation

to provide the benefits the employee would have received had they not taken a leave of absence.

The Tribe shall allocate the amount of the Tribal contribution for the person in the same manner

and to the same extent the allocation occurred for other employees eligible for the pension plan

during the period of service. For purposes of determining the amount of such liability and any

obligation of the pension plan, earnings and forfeitures shall not be included.

213.11. Enforcement of Employment or Reemployment Rights

213.11.1. The Tribe shall notify, in writing, any person who has been denied employment,

reemployment, or benefits under this law.

213.11-2. A person may file a complaint whenever such person claims that:

(a) he or she is entitled to employment or reemployment rights or benefits with respect to

employment by the Tribe; or

(b) the Tribe has failed or refused to comply with the provisions of this law.

213.11-3. Such complaint shall be in writing, contain a summary of the allegations that form the

basis for the complaint and be filed with the person=s area manager and the Oneida Human

Resources Manager (or designee) within ten (10) working days from the day the person received

a denial of employment and/or benefits by the Tribe .

213.11-4. If the area manager determines that the action alleged in such complaint occurred, the

area manager shall attempt to resolve the complaint by making reasonable efforts to ensure that

the person or entity named in the complaint complies with the provisions of this law.

213.11-5. If the efforts of the area manager do not resolve the complaint within ten (10) working

days from the receipt of the employee=s complaint, the complainant shall be notified of the

results of the area manager=s investigation and the complainant=s entitlement to refer the

complaint to the Trial Court. One extension of no more than five (5) working days may be

requested of and granted by the Oneida Human Resources Manager (or designee) at his or her

discretion.

213.11-6. If an employee appeals the area manager=s decision, the appeal must be filed with the

Trial Court within ten (10) working days of the employee=s receipt of the Area Manager=s

decision. The Trial Court shall notify the Human Resources Manager (or designee) within one

(1) business day when an employee files an appeal.

213.11-7. Remedies. In any action relating to this law, relief may be awarded as follows:

(a) Require the Tribe to comply with the provisions of this law; and/or

(b) Require the Tribe to compensate the person for any loss of wages or benefits suffered

by reason of the Tribe=s failure to comply with the provisions of this law.

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213.11-8. Any compensation awarded shall be in addition to, and shall not diminish, any of the

other benefits provided for under this law.

End.

Adopted - BC-10-24-07-E

Emergency Amended – BC-__-__-__-__

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















 

 

 

 



































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Oneida Business Committee (2018) | Frix