# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A861b0519eee1b826 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 343 Oneida Business Committee Executive Session 8:30 AM Tuesday, July 23, 2024 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, July 24, 2024 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Special recognition for years of service Sponsor: Todd VanDen Heuvel, Executive HR Director III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. Oneida Police Department - Michael Krueger and Cristal Sanches Moreno Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the July 10, 2024, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary VI. RESOLUTIONS A. Adopt resolution entitled Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal Sponsor: Mark W. Powless, General Manager B. Adopt resolution entitled Office of Violence Against Women - FY2024 Tribal Sexual Assault Services Program grant application Sponsor: Mark W. Powless, General Manager C. Adopt resolution entitled Amendments to the Back Pay Law Sponsor: Jameson Wilson, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 6 July 24, 2024 Public Packet VII. VIII. 2 of 343 D. Adopt resolution entitled Adoption of the FY-2024-2027 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and Tribal Transportation Program Agreement (TTP/G2G) including Corresponding Referenced Funding Agreements (RFA) Sponsor: Mark W. Powless, General Manager E. Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community Development Funds for a donation of $400,000 for the 2025 NFL Draft Sponsor: Louise Cornelius, Gaming General Manager APPOINTMENTS A. Determine next steps regarding three (3) appointments - Oneida Election Board Ad Hoc Committee Sponsor: Lisa Liggins, Secretary B. Determine next steps regarding one (1) appointment(s) - Oneida ESC Group LLC Board of Managers Sponsor: Lisa Liggins, Secretary C. Determine next steps regarding two (2) appointments - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary D. Determine next steps regarding one (1) appointment - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary E. Determine next steps regarding five (5) appointment(s) - Oneida Personnel Commission Sponsor: Lisa Liggins, Secretary F. Determine next steps regarding one (1) appointment - Oneida Police Commission Sponsor: Lisa Liggins, Secretary G. Determine next steps regarding thirteen (13) appointment(s) - On?yote?a?ká ni? i Standing Committee Sponsor: Lisa Liggins, Secretary H. Determine next steps regarding three (3) appointments - Pardon and Forgiveness Screening Committee Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. FINANCE COMMITTEE 1. Accept the June 13, 2024, regular Finance Committee meeting minutes Sponsor: Lawrence Barton, Treasurer 2. B. Accept the June 27, 2024, regular Finance Committee meeting minutes Sponsor: Lawrence Barton, Treasurer LEGISLATIVE OPERATING COMMITTEE Oneida Business Committee Regular Meeting Agenda Page 2 of 6 July 24, 2024 Public Packet 3 of 343 1. IX. X. Accept the June 19, 2024, regular Legislative Operating Committee meeting minutes Sponsor: Jameson Wilson, Councilman NEW BUSINESS A. Approve two (2) requested actions - CDC # 19-007 Boundary Signage Sponsor: Mark W. Powless, General Manager B. Approve Oneida Comprehensive Health Division to participate with State of WI Division of Public Health - WI Well Badger Resource Center Sponsor: Mark W. Powless, General Manager C. Review the Oneida Youth Leadership Institute charter and bylaws and determine next steps Sponsor: Marlon Skenandore, Councilman D. Review the Ultimate Texas Hold'Em Rules of Play and determine next steps Sponsor: Mark A Powless, Sr., Chair/Oneida Gaming Commission REPORTS A. OPERATIONAL (10:00 a.m.) 1. Accept the Big Bear Media FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 2. Accept the Comprehensive Health Division FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 3. Accept the Comprehensive Housing Division FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 4. Accept the Digital Technology Services FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 5. Accept the Education and Training FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 6. Accept the Environmental, Health, Safety, Land, & Agriculture Division FY2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 7. Accept the Grants FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 8. Accept the Human Services Division FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager 9. Accept the Public Works Division FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 3 of 6 July 24, 2024 Public Packet 4 of 343 10. XI. GENERAL TRIBAL COUNCIL A. XII. Accept the Tribal Action Plan FY-2024 3rd quarter report Sponsor: Mark W. Powless, General Manager PETITIONER LINDSEY BLACKOWL - Accept status updates - petition # 2024-02 1. Accept the fiscal impact statement status update re: New Recreation/Community Center Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer 2. Accept the statement of effect status update re: New Recreation/Community Center Build Sponsor: Jameson Wilson, Councilman 3. Accept the legal analysis update re: New Recreation/Community Center Sponsor: Jo Anne House, Chief Counsel EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (9:00 a.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance July 2024 report (11:00 a.m.) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Accept the Treasurer's June 2024, report (8:30 a.m.) Sponsor: Lawrence Barton, Treasurer AUDIT COMMITTEE 1. Accept the May 17, 2024, regular Audit Committee meeting minutes Sponsor: Lisa Liggins, Secretary 2. Accept the Mini Baccarat compliance audit and lift the confidentiality requirement Sponsor: Lisa Liggins, Secretary 3. Accept the Bingo Compliance audit and lift the confidentiality requirement Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 4 of 6 July 24, 2024 Public Packet 5 of 343 4. C. Accept the Drop and Count compliance audit and lift the confidentiality requirement Sponsor: Lisa Liggins, Secretary NEW BUSINESS 1. Approve a limited waiver of sovereign immunity - NRT Technologies - file # 2024-0339 Sponsor: Louise Cornelius, Gaming General Manager 2. Accept the discussion regarding the Economic Development, Diversification and Community Development Funds for $400,000 donation for the 2025 NFL Draft as information (1:30 p.m.) Sponsor: Justin Nishimoto, Economic Strategy Coordinator 3. Review application(s) for one (1) vacancy - Oneida ESC Group LLC Board of Managers Sponsor: Lisa Liggins, Secretary 4. Review application(s) for three (3) vacancies - Oneida Election Board Ad Hoc Committee Sponsor: Lisa Liggins, Secretary 5. Review application(s) for two (2) vacancies - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary 6. Review application(s) for one (1) vacancy - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary 7. Review application(s) for five (5) vacancies - Oneida Personnel Commission Sponsor: Lisa Liggins, Secretary 8. Review application(s) for one (1) vacancy - Oneida Police Commission Sponsor: Lisa Liggins, Secretary 9. Review application(s) for thirteen (13) vacancies - On?yote?a?ká ni? i Standing Committee Sponsor: Lisa Liggins, Secretary 10. Review application(s) for three (3) vacancies - Pardon and Forgiveness Screening Committee Sponsor: Lisa Liggins, Secretary 11. Review draft recommendations for the September 8, 2024, special General Tribal Council meeting and determine next steps Sponsor: Lisa Liggins, Secretary 12. Discuss Community Concern and determine next steps (10:00 a.m.) Sponsor: Floyd Silas Sr. Oneida Business Committee Regular Meeting Agenda Page 5 of 6 July 24, 2024 Public Packet XIII. 6 of 343 ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 6 of 6 July 24, 2024 Public Packet 7 of 343 Special recognition for years of service Business Committee Agenda Request 1. Meeting Date Requested: 07/24/24 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Acknowledge Years of Service recipients with the attached PowerPoint. 3rd Quarter. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Oneida Nation Employees ☐ Programs/Services ☐ DTS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 08/25/2023 Page 1 of 2 Public Packet 8 of 343 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☒ Presentation ☒ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: Todd Vandenheuvel, Executive HR Director Primary Requestor: Yasiman Metoxen, HR Office Coordinator Revised: 08/25/2023 Page 2 of 2 Public Packet Name 9 of 343 YEARS OF SERVICE RECIPIENTS 3RD QUARTER FY'24 APR - JUN Supervisor Name ADOH Years JOHNSON,JEAN M BRUNETTE,FELICIA B CAELWAERTS,JILL C May 21, 1979 45 HUFF,JUSTINE A METOXEN,BARBARA R SMITH,DELIA M May 14, 1984 40 BENTON,NATHALIE KRIESCHER,MARI J DANFORTH,DEBRA J May 1, 1989 35 TETEAK,JULIE A HILL,C S Jun 29, 1994 30 HOUSE,DAKOTA K Jun 29, 1994 30 VANIA,ANTHONY R EDWARDS,MICHELLE L BALKE,ANNA M STEMPSKI,WILLIAM J Jun 29, 1994 30 JORDAN,EARL E DANFORTH,SUSAN M DOXTATER,ANDREW J Jun 21, 1994 30 URBANEK,MISTI M VANDYKE, JEAN NINHAM-LAMBERIES,RALINDA R Jun 14, 1994 30 THOMAS,INEZ S POWLESS, JESSICA SKENANDORE,JR,ARTLEY M Jun 13, 1994 30 SMITH,KAREN V STONE,SHANNON J POWLESS,MARK W Jun 7, 1994 30 KINJERSKI,KELLY L LARSON,DAVID L DANFORTH,DEBRA J Jun 6, 1994 30 HAWPETOSS,RICHARD T MCLESTER,SR,JAMES M MATSON,GREGORY H Jun 6, 1994 30 CORNELIUS,TERRY A DANFORTH,JOHN J DOXTATOR,KEITH A Jun 6, 1994 30 CORNELIUS,ROSITTA M MOORE,ALEX K DODGE,LEAH S May 10, 1994 30 DENNY,MATTHEW J VANDEN HEUVEL,TODD HILL,TEHASSI TASI May 9, 1994 30 SMITH,JACQUELINE May 9, 1994 30 HERZOG,MISTYLEE R JORGENSEN,TINA M POWLESS,MARK W HILL,TEHASSI TASI May 2, 1994 30 JOHN,KEVIN E SUMMERS,ALVIN F MATSON,GREGORY H May 2, 1994 30 MATCHOPATOW,LISA A ADAMS,GARY SKENANDORE,TONIA H Apr 26, 1994 30 BOYLE,JACQUE L POWLESS,MARK W HILL,TEHASSI TASI Apr 25, 1994 30 JOHNSON,SR,DENNIS J STONE,SHANNON J POWLESS,MARK W Apr 18, 1994 30 KERK,DWAINE M HOUSE,DAKOTA K DANFORTH,KATSITSIYO T Apr 18, 1994 30 BARTZ,LISA A JANOWSKI,HEIDI L NINHAM-LAMBERIES,RALINDA R Apr 18, 1994 30 MAHLIK,TODD L ROBERTO,MICHELE A SKENANDORE,LORNA G Apr 12, 1994 30 SKENANDORE,SHELLY A MARTINEZ, JASON THUNDERCLOUD,DEBORAH J Apr 11, 1994 30 GREEN,JENNIFER H MARTINEZ, JASON THUNDERCLOUD,DEBORAH J Apr 4, 1994 30 WILSON,DIANE M ROMMEL,NICOLE A POWLESS,MARK W Jun 27, 1999 25 NICKEL,SCOTT D DOXTATOR, SALLY EMERSON,DAVID L Jun 27, 1999 25 Public Packet 10 of 343 SORENSON,DENISE D KELLY,SUSAN M DANFORTH,SARAH I Jun 20, 1999 25 SUMMERS,ALVIN F MATSON,GREGORY H RAUSCHENBACH,LISA M Jun 6, 1999 25 SHIMEK,BRADLEY J CHRISTENSEN,MARK HOUSE,DAKOTA K May 2, 1999 25 31 Public Packet Years of Service Recognition 3rd Quarter FY’24 July 24th, 2024 Regular Business Committee Meeting 11 of 343 Public Packet 12 of 343 Years of Service Recognition Jean M. Johnson 45 Years of Service Public Packet 13 of 343 Years of Service Recognition Justine A. Huff 40 Years of Service Public Packet 14 of 343 Years of Service Recognition Nathalie Benton 35 Years of Service Public Packet 15 of 343 Years of Service Recognition Julie A. Teteak 30 Years of Service Public Packet 16 of 343 Years of Service Recognition Anthony R. Vania 30 Years of Service Public Packet 17 of 343 Years of Service Recognition Michelle L. Edwards 30 Years of Service Public Packet 18 of 343 Years of Service Recognition Earl E. Jordan 30 Years of Service Public Packet 19 of 343 Years of Service Recognition Misti M. Urbanek 30 Years of Service Public Packet 20 of 343 Years of Service Recognition Inez S. Thomas 30 Years of Service Public Packet 21 of 343 Years of Service Recognition Karen V. Smith 30 Years of Service Public Packet 22 of 343 Years of Service Recognition Kelly L. Kinjerski 30 Years of Service Public Packet 23 of 343 Years of Service Recognition Richard T. Hawpetoss 30 Years of Service Public Packet 24 of 343 Years of Service Recognition Terry A. Cornelius 30 Years of Service Public Packet 25 of 343 Years of Service Recognition Rositta M. Cornelius 30 Years of Service Public Packet 26 of 343 Years of Service Recognition Matthew J. Denny 30 Years of Service Public Packet 27 of 343 Years of Service Recognition Mistylee R. Herzog 30 Years of Service Public Packet 28 of 343 Years of Service Recognition Tina M. Jorgenson 30 Years of Service Public Packet 29 of 343 Years of Service Recognition Kevin E. John 30 Years of Service Public Packet 30 of 343 Years of Service Recognition Lisa A. Matchopatow 30 Years of Service Public Packet 31 of 343 Years of Service Recognition Jacque L. Boyle 30 Years of Service Public Packet 32 of 343 Years of Service Recognition Dennis J. Johnson Sr 30 Years of Service Public Packet 33 of 343 Years of Service Recognition Dwaine M. Kerk 30 Years of Service Public Packet 34 of 343 Years of Service Recognition Lisa A. Bartz 30 Years of Service Public Packet 35 of 343 Years of Service Recognition Todd L. Mahlik 30 Years of Service Public Packet 36 of 343 Years of Service Recognition Shelly A. Skenandore 30 Years of Service Public Packet 37 of 343 Years of Service Recognition Jennifer H. Green 30 Years of Service Public Packet 38 of 343 Years of Service Recognition Diane M. Wilson 25 Years of Service Public Packet 39 of 343 Years of Service Recognition Scott D. Nickel 25 Years of Service Public Packet 40 of 343 Years of Service Recognition Denise D. Sorenson 25 Years of Service Public Packet 41 of 343 Years of Service Recognition Alvin F. Summers 25 Years of Service Public Packet 42 of 343 Years of Service Recognition Bradley J. Shimek 25 Years of Service Public Packet 43 of 343 Yawлʔkó· Public Packet 44 of 343 Oneida Police Department - Michael Krueger and Cristal Sanches Moreno Business Committee Agenda Request 1. Meeting Date Requested: 2. Session: [ZI Open 07/24/24 D Executive- must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: D Accept as information; OR Administer Oath of Office for two new hires: Michael Krueger and Cristal Sanches Moreno 4. Areas potentially impacted or affected by this request: D Finance 0 Law Office D Gaming/Retail D Other: Describe D Programs/Services O DTS D Boards, Committees, or Commissions 5. Additional attendees needed for this request: Eric Boulanger, Chief of Police Joel Maxam, Assistant Chief of Police Brandon Vande Hei, Lieutenant Name, Title/Entity OR Choose from List Revised: 08/25/2023 Page 1 of 2 Public Packet 45 of 343 6. Supporting Documents: D Bylaws D Contract Document(s) D Correspondence D Draft GTC Notice 0 Draft GTC Packet D E-poll results/back-up D Other: Describe 7. Budget Information: D Fiscal Impact Statement D Law D Legal Review D Minutes 0 MOU/MOA D Petition D Budgeted - Tribal Contribution D Unbudgeted D Other: Describe D Presentation D Report D Resolution D Rule (adoption packet) D Statement of Effect D Travel Documents D Budgeted - Grant Funded D Not Applicable 8. Submission: Authorized Sponsor: Richard Van Boxtel, Police Commission Chairman Primary Requestor: Eric Boulanger, Chief of Police Revised: 08/25/2023 Page 2 of 2 Public Packet 46 of 343 Oneida Police Department P.O. Box 365, Oneida, WI 54155 � 000000 ONl:IDA Eric H. Boulanger Chief of Police MEMORANDUM To: Oneida Business Committee � From: Eric Boulanger, Chief of Police\..9' Date: July 12, 2024 Subj: Oneida Police Department - Oath of Office for Michael Krueger and Cristal Sanches Moreno This is a request to administer the oath of office for two new hires: Michael Krueger Cristal Sanches Moreno Thank you. 2783 Freedom Road • Oneida WI 54115 Oneida-nsn.gov Public Packet 47 of 343 Approve the July 10, 2024, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 07/24/24 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: DRAFT materials/discussion 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☒ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BPIGMAN Public Packet 48 of 343 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, July 10, 2024 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence Barton, Secretary Lisa Liggins, Council members: Jonas Hill, Kirby Metoxen, Jennifer Webster, Jameson Wilson; Not Present: Councilman Marlon Skenandore Arrived at: n/a Others present: Jo A. House, RaLinda Ninham-Lamberies , Mark W. Powless, Todd Vanden Heuvel (via Microsoft Teams1), Debra Powless (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Loucinda Conway (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Lisa Rauschenbach (via Microsoft Teams), Debra Danforth (via Microsoft Teams), Sidney White (via Microsoft Teams), Louise Cornelius, Chad Fuss, Chad Jordan, Grace Elliott (via Microsoft Teams), Diahanna King (via Microsoft Teams), Patricia King (via Microsoft Teams), Joyce King (via Microsoft Teams), Kristine Hill (via Microsoft Teams), Ann McCotter (via Microsoft Teams), Michelle Hill (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Fawn Billie (via Microsoft Teams), Fawn Cottrell (via Microsoft Teams), Janice Decorah (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), David Jordan (via Microsoft Teams), Maureen Perkins (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Clorissa Leeman (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Dana McLester (via Microsoft Teams), Tavia James-Charles (via Microsoft Teams), Kevin House (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Lori Hill (via Microsoft Teams), Stacie Cutbank (via Microsoft Teams), Sacheen Lawrence (via Microsoft Teams), Fern Orie (via Microsoft Teams), Colleen Cornelius (via Microsoft Teams), Mary Graves (via Microsoft Teams), Lisa Duff (via Microsoft Teams), Gregory Matson (via Microsoft Teams),), Connor Kestell (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Carol Silva (via Microsoft Teams), Amber Martinez (via Microsoft Teams), Micheal Debraska (via Microsoft Teams), Harmony Hill (via Microsoft Teams), Cary Waubanascum (via Microsoft Teams), Warren Stevens, Derrick Denny (via Microsoft Teams), Peter Skenandore, Elaine Skenandore-Cornelius, Edward Delgado, Lindsey Blackowl, Aliskwet Ellis (via Microsoft Teams), Bonnie Pigman (via Microsoft Teams); I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:30 a.m. For the record: Councilman Marlon Skenandore is out on leave. II. OPENING (00:00:05) Opening provided by Chairman Tehassi Hill. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 10 July 10, 2024 Public Packet 49 of 343 DRAFT III. ADOPT THE AGENDA (00:03:56) Motion by Lisa Liggins to adopt the agenda with four (4) noted changes [1) delete item XI.B.2.; 2) delete item XI.B.5.; 3) under the Travel Request section, add item entitled Approve the travel request Secretary Lisa Liggins - Assembly Democratic Campaign Committee Fundraiser - Wisconsin Dells, WI - July 23-25, 2024; and 4) under the Travel Request section, add item entitled Approve the travel request - Vice-Chairman Brandon Yellowbird-Stevens - Democratic National Convention - Chicago, IL August 1-21, 2024, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore IV. OATH OF OFFICE A. Bay Bancorporation Board of Directors - Elaine Skenandore-Cornelius and Fern Orie (00:08:10) Sponsor: Lisa Liggins, Secretary B. Oneida Election Board Ad-Hoc Committee - Colleen Cornelius and Kenneth Skodowski (00:11:17) Sponsor: Lisa Liggins, Secretary C. Oneida Election Board Alternates - Sacheen Lawrence (00:11:17) Sponsor: Lisa Liggins, Secretary D. Oneida Nation Arts Board - Peter Skenandore (00:08:10) Sponsor: Lisa Liggins, Secretary E. Southeastern Wisconsin Oneida Tribal Services Advisory Board - Harmony Hill (00:11:17) Sponsor: Lisa Liggins, Secretary Oaths of office administered by Secretary Lisa Liggins. Elaine Skenandore-Cornelius and Peter Skenandore were present. Colleen Cornelius, Fern Orie, Sacheen Lawrence, and Harmony Hill were present via Microsoft Teams. Kenneth Skodowski was not present. Oneida Business Committee Regular Meeting Minutes Page 2 of 10 July 10, 2024 Public Packet 50 of 343 DRAFT V. MINUTES A. Approve the June 26, 2024, regular Business Committee meeting minutes (00:14:38) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to approve the June 26, 2024, regular Business Committee meeting minutes, seconded by Lawrence Barton. Motion carried: Ayes: Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Brandon Yellowbird-Stevens Abstained: Jameson Wilson, Jonas Hill Not Present: Marlon Skenandore For the record: Councilmen Jameson Wilson and Jonas Hill were on approved travel to Harvard Business School. Item VII.A. was addressed next. VI. APPOINTMENTS A. Determine next steps regarding five (5) vacancies - Oneida Election Board Alternate (01:20:28) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the selected applicants; to appoint Justine Huff, Mary King and Lynette Jordan to the Oneida Election Board Alternates with terms ending upon ratification of the 2024 Special Election results, seconded by Jonas Hill. Motion carried: Ayes: Not Present: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Marlon Skenandore For the record: Secretary Lisa Liggins stated I'd just like to note that the remaining vacancies for the Oneida Election Board Alternates will not be posted as the special Election is only ten days away. Item X.B. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 3 of 10 July 10, 2024 Public Packet 51 of 343 DRAFT VII. TRAVEL REPORTS A. Approve the travel report - Councilman Jonas Hill - Native American Tourism of Wisconsin (NATOW) Annual 2024 Conference - Red Cliff, WI - June 13 - 15, 2024 (00:15:26) Sponsor: Jonas Hill, Councilman Motion by Jennifer Webster to approve the travel report from Councilman Jonas Hill for the Native American Tourism of Wisconsin (NATOW) Annual 2024 Conference in Red Cliff, WI on June 13 -15, 2024, seconded by Kirby Metoxen. Motion carried: Ayes: Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Abstained: Jonas Hill Not Present: Marlon Skenandore VIII. TRAVEL REQUESTS A. Approve the travel request - Councilwoman Jennifer Webster - Dept. of Health and Human Services (HHS) Annual Regional Tribal Consultations - St. Paul, MN August 26-29, 2024 (00:15:54) Sponsor: Jennifer Webster, Councilwoman Motion by Jonas Hill to approve the travel request from Councilwoman Jennifer Webster to attend the Dept. of Health and Human Services (HHS) Annual Regional Tribal Consultations in St. Paul, MN on August 26-29, 2024, seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jameson Wilson, Brandon Yellowbird-Stevens Abstained: Jennifer Webster Not Present: Marlon Skenandore B. Enter the e-poll results into the record regarding the approved the travel request for Councilwoman Jennifer Webster to attend the PROGRESS Act Tribal Consultation in Bloomington, MN on July 16-17, 2024 (00:16:23) Sponsor: Lisa Liggins, Secretary Motion by Jonas Hill to enter the e-poll results into the record regarding the approved the travel request for Councilwoman Jennifer Webster to attend the PROGRESS Act Tribal Consultation in Bloomington, MN on July 16-17, 2024, seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jameson Wilson, Brandon Yellowbird-Stevens Abstained: Jennifer Webster Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 4 of 10 July 10, 2024 Public Packet 52 of 343 DRAFT C. Approve the travel request – Secretary Lisa Liggins – Assembly Democratic Campaign Committee Fundraiser – Wisconsin Dells, WI - July 23-25, 2024 (00:17:01) Sponsor: Lisa Liggins, Secretary Motion by Jonas Hill to approve the travel request from Secretary Lisa Liggins and Councilman Jonas Hill to attend the Assembly Democratic Campaign Committee Fundraiser in Wisconsin Dells, WI on July 23 -25, 2024, seconded by Lawrence Barton. Motion carried: Ayes: Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Abstained: Jonas Hill Not Present: Marlon Skenandore D. Approve the travel request - Vice-Chairman Brandon Yellowbird-Stevens – Democratic National Convention – Chicago, IL – August 19-21, 2024 (00:19:00) Sponsor: Brandon Yellowbird-Stevens, Vice-Chairman Motion by Jennifer Webster to approve the travel request from Vice-Chairman Brandon YellowbirdStevens and Treasurer Lawrence Barton to attend the Democratic National Convention in Chicago, IL on August 1-21, 2024, seconded by Kirby Metoxen. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore IX. NEW BUSINESS A. Accept the Emergency Management After Action Report regarding the April 2-6, 2024, severe weather event (00:19:34) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Lisa Liggins to accept the Emergency Management After Action Report regarding the April 2-6, 2024, severe weather event, seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore B. Research Request: Dr. Waubanascum & Dr. Beans - UW-Green Bay - “Nothing about us, without us”: Community Engagement Collaboration with Oneida Nation to Inform Tribal Research Protections – Review recommendation and determine appropriate next steps (00:24:08) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to approve request "Nothing about us, without us" and to request researchers to work with Councilman Jameson Wilson, Legislative Operating Committee Chairman regarding the findings of the study, seconded by Jonas Hill. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 5 of 10 July 10, 2024 Public Packet 53 of 343 DRAFT X. GENERAL TRIBAL COUNCIL A. Approve the notice and materials for the September 8, 2024, tentatively scheduled special General Tribal Council meeting (00:34:51) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer the notice and materials for the September 8, 2024, General Tribal Council meeting to a special Business Committee Work Session Monday, July 15, 2024, and schedule a special Business Committee meeting at 3:00 p.m. on Friday, August 2, 2024, for approval of the final materials, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Councilman Kirby Metoxen left at 9:13 a.m. Councilman Kirby Metoxen returned at 9:14 a.m. B. Schedule a special General Tribal Council meeting to address the Blackowl petition # 2024-02 (00:54:30) ; (01:21:09) Sponsor: Lisa Liggins, Secretary Motion by Jameson Wilson to schedule a special General Tribal Council meeting on November 17, 2024, at 2:00 p.m. to address the Blackowl petition # 2024-02, seconded by Kirby Metoxen. Motion withdrawn. Motion by Lisa Liggins to defer items IX.B. and IX.C. until after Executive Session, seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Councilman Kirby Metoxen left at 9:40 a.m. Councilman Kirby Metoxen returned at 9:45 a.m. Item XI. was addressed next. Motion by Lisa Liggins to schedule a special General Tribal Council meeting Monday, November 18, 2024, at 6:00 p.m. to address the Blackowl petition # 2024-02, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 6 of 10 July 10, 2024 Public Packet 54 of 343 DRAFT C. Schedule a special General Tribal Council meeting to address the On?yote?a?ká ni?i Project Plan (01:22:20) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to schedule a special General Tribal Council meeting Monday, November 4, 2024 at 6;00 p.m. to address the On?yote?a?ka ni?i Project Plan, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore For the record: Secretary Lisa Liggins this is a non-stipend General Tribal Council meeting, as directed “by General Tribal Council”. Item XI.A.1. was addressed next. I. EXECUTIVE SESSION (01:19:57) Motion by Jennifer Webster to go into executive session at 9:50 a.m., seconded by Jonas Hill. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Roll call for the record: Present: Treasurer Lawrence Barton; Councilman Jonas Hill; Chairman Tehassi Hill; Secretary Lisa Liggins; Councilman Kirby Metoxen; Councilwoman Jennifer Webster; Vice-Chairman Brandon Yellowbird-Stevens; Councilman Jameson Wilson; Not present: Councilman Marlon Skenandore Motion by Lawrence Barton to come out of executive session at 5:31 p.m., seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Item VI.A. was addressed next. A. REPORTS 1. Accept the Chief Counsel report (01:23:34) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Liggins. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 7 of 10 July 10, 2024 Public Packet 55 of 343 DRAFT 2. Accept the General Manager report (01:23:50) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to accept the General Manager report, seconded by Lisa Liggins. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore 3. Accept the Hotel to Gaming Transition Committee July 2024 report (01:24:17) Sponsor: Louise Cornelius, Gaming General Manager Motion by Jennifer Webster to accept the Hotel to Gaming Transition Committee July 2024 report, seconded by Brandon Yellowbird-Stevens. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Motion by Lisa Liggins to schedule a special General Tribal Council meeting on Monday, December 16, 2024, at 6:00 p.m. to address the Integrated Casino Resort proposal, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore B. NEW BUSINESS 1. Review Affordable Home Ownership Strategy/Veteran Loan Assessment and determine next steps (01:24:52) Sponsor: Mark W. Powless, General Manager Motion by Brandon Yellowbird-Stevens to accept the report on Affordable Home Ownership Strategy/Veteran Loan Assessment and direct the Treasurer, Chief Financial Officer, General Manager and Chief Counsel to work together to identify/recommend funds to be used for the program in the amount of four (4) million dollars for each of the two (2) programs, seconded by Jonas Hill. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore 2. Review Elected Officials Wages memorandum and determine next steps (01:25:28) Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer Motion by Brandon Yellowbird-Stevens to accept the discussion as information and forward the memorandum to the August 8, 2024, Business Committee Work Session, seconded by Lawrence Barton. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 8 of 10 July 10, 2024 Public Packet 56 of 343 DRAFT 3. Review Four Fires – Residence Inn D.C. refinancing and determine next steps (01:25:45) Sponsor: Lawrence Barton, Treasurer Motion by Jameson Wilson to remove Terry Cornelius as Oneida Nation’s representative on the Four Fires LLC Board of Managers and appoint Ralinda Ninham-Lamberies, Chief Financial Officer, as the Nation’s representative for such time as she shall hold the office of the Chief Financial Officer, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore 4. Review No Limits Basketball team request and determine next steps (01:26:21) Sponsor: Lawrence Barton, Treasurer Motion by Jennifer Webster to defer the item back to the sponsor for follow-up clarification, seconded by Brandon Yellowbird-Stevens. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore 5. Review YMCA proposal and determine next steps (01:26:36) Sponsor: Justin Nishimoto, Economic Strategy Coordinator Motion by Jennifer Webster to accept the discussion regarding the YMCA proposal as information and direct the Chairman to send correspondence to the requestor, seconded by Jameson Wilson. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore 6. Review 2024 Trade Back for Cash request and determine next steps (01:26:54) (01:27:23) Sponsor: Todd VanDen Heuvel, Executive HR Director Motion by Lawrence Barton to deny the Trade Back for Cash request for FY2024 in accordance with section IV.A.5.n of the Personnel Policy and Procedures, the expense being unbudgeted for this fiscal year and the analysis of the financial position of the Nation and potential fiscal conditions, seconded by Jennifer Webster. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Motion by Lawrence Barton to deny the Trade Back for Cash request for FY2025 in accordance with IV.A.5.n of the Personnel Policy and Procedures, is not included in the proposed FY2025 budget, seconded by Lisa Liggins. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Oneida Business Committee Regular Meeting Minutes Page 9 of 10 July 10, 2024 Public Packet 57 of 343 DRAFT 7. Review application(s) for five (5) vacancies - Oneida Election Board Alternate (01:27:51) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept the discussion regarding the applications for the Oneida Election Board Alternate vacancies as information, seconded by Brandon Yellowbird-Stevens. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore XII. ADJOURN (01:28:07) Motion by Lawrence Barton to adjourn at 5:39 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer Webster, Jameson Wilson, Brandon Yellowbird-Stevens Not Present: Marlon Skenandore Minutes prepared by Bonnie Pigman, Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 10 of 10 July 10, 2024 Public Packet 58 of 343 Adopt resolution entitled Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal Public Packet 59 of 343 Public Packet 60 of 343 MEMORANDUM TO: BC Agenda for July 24, 2024 FROM: Cheryl Stevens, Grants Office DATE: July 16, 2024 RE: 2025 Tribal HUD Veterans Affairs Supportive Housing Program (VASH) to the U.S Department of Housing and Urban Development's Office of Native American Program. HUD had notified CHD that they needed a tribal resolution for the Tribal HUD VASH Grant renewal funding for 2025. We didn’t need one before but was informed we will this year. The VASH Program continues to assist 20 tribal Veteran families through a voucher program. Public Packet 61 of 343 Public Packet 62 of 343 Public Packet 63 of 343 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oneida, WI 54155 BC Resolution # 07-24-24-X Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation is committed to the development and maintenance of Oneida housing in order to meet the need of the Oneida community and Veterans; and WHEREAS, the Oneida Nation is submitting a renewal application for the 2025 Tribal HUD Veterans Affairs Supportive Housing Program (VASH) to the U.S Department of Housing and Urban Development's Office of Native American Programs for the purpose of providing housing and rental assistance to Tribal Veterans in the amount of $270,000; and WHEREAS, if awarded, the Oneida Nation will be responsible for compliantly administering the Tribal HUD VASH program for the purpose of providing rental and housing assistance to Tribal Veterans; and WHEREAS, the Procedural Guidance for Tribal Housing and Urban Development-Veterans Affairs Supportive Housing (Tribal HUD-VASH) Renewal Grant Application requires a Tribal Resolution to evidence a Tribe's Authorization for a Tribal Organization to apply on its behalf, if applicable, as part of the renewal grant application; and Public Packet 64 of 343 BC Resolution # 07-24-24-X Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal Page 2 of 2 28 29 30 31 32 NOW THEREFORE BE IT RESOLVED, that the Oneida Nation submits this resolution for the 2025 Tribal HUD Veterans Affairs Supportive Housing Program (VASH) to the U.S Department of Housing and Urban Development's Office of Native American Programs for the purpose of renewing our current VASH program to help support the housing needs of Tribal Veterans. Public Packet 65 of 343 Adopt resolution entitled Office of Violence Against Women - FY2024 Tribal Sexual Assault Services... Public Packet 66 of 343 Public Packet 67 of 343 MEMORANDUM TO: BC Agenda for July 24, 2024 FROM: Cheryl Stevens, Grants Office DATE: July 16, 2024 RE: 2024 Tribal Sexual Assault Services The Oneida Nation Domestic Violence Program within Family Services recognizes the need to support children, youth and families who are affected by domestic and sexual assault violence, therefore plans to continue services that address the issues of all forms of abuse for our community members. This program is currently running, and this grant will provide for another 3 years of services. Public Packet 68 of 343 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oneida, WI 54155 BC Resolution # 07-24-24-X Office of Violence Against Women – FY2024 Tribal Sexual Assault Services Program Grant Application 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, our Vision is a Nation of strong families built on Tsi?Niyukwliho T^ (Our Ways) and a strong economy; and WHEREAS, the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect, maintain and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, the Oneida Nation has established the Domestic Violence Program within Family Services to address the issues of all forms of abuse, and WHEREAS, the Oneida Business Committee recognizes the need to support children, youth and families who are affected by domestic and sexual assault violence. Public Packet 69 of 343 BC Resolution # 07-24-24-X Office of Violence Against Women – FY2024 Tribal Sexual Assault Services Program grant Page 2 of 2 26 27 28 29 30 31 NOW THEREFORE BE IT RESOLVED, the Oneida Nation authorizes the Domestic Violence Program to submit a grant application to the Office of Violence Against Women – FY2024 Tribal Sexual Assault Services Program to enhance current sexual assault services and respond to clientele need with additional resources. This grant will help to increase the quality of life of those served using culturally based systems of care to help victims heal from trauma. Public Packet 70 of 343 Adopt resolution entitled Amendments to the Back Pay Law Business Committee Agenda Request 1. Meeting Date Requested: 07/24/24 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution entitled, Amendments to the Back Pay Law. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 04/25/2023 Page 1 of 2 Public Packet 71 of 343 6. Supporting Documents: ☐ Bylaws ☒ Fiscal Impact Statement ☐ Contract Document(s) ☒ Law ☒ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Legislative Analysis ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☒ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: Jameson Wilson, Councilmember Primary Requestor: Clorissa N. Leeman, LRO Senior Staff Attorney Revised: 04/25/2023 Page 2 of 2 Public Packet 72 of 343 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee Jameson Wilson, LOC Chairperson July 24, 2024 Adoption of Amendments to the Back Pay Law Please find the following attached backup documentation for your consideration of the adoption of amendments to the Back Pay law: 1. 2. 3. 4. 5. 6. Resolution: Amendments to the Back Pay Law Statement of Effect: Amendments to the Back Pay Law Back Pay Law Amendments Legislative Analysis Back Pay Law Amendments Draft (Redline) Back Pay Law Amendments Draft (Clean) Back Pay Law Amendments Fiscal Impact Statement Overview Amendments to the Back Pay law are being sought to clarify how the reinstatement of an employee who had involuntary separation is handled, and how back pay is calculated and applied. The purpose of the Back Pay law is to set forth standards used in the reinstatement of an employee and the calculation of back pay for all employees of the Nation in accordance with the Nation’s laws. [2 O.C. 206.1-1].The amendments to the Back Pay law: ▪ Include a new section in the law which provides for the reinstatement of employee who had involuntary separation overturned and addresses such issues as: ▪ Requirement to hold a position pending litigation [2 O.C. 206.4-1]; ▪ Amending the position description or eliminating the position pending an employee appeal [2 O.C. 206.4-2]; ▪ Reinstatement to the position the employee was involuntarily separated from [2 O.C. 206.4-3]; ▪ Clarify that back pay calculations shall be made using the employee’s last wage in the position which they were terminated from [2 O.C. 206.5-1]; and ▪ Clarify the circumstances in which an employee is not eligible to work, and therefore is not eligible for back pay [2 O.C. 206.5-2(d)]. The Legislative Operating Committee developed the proposed amendments to the Back Pay law through collaboration with representatives from the Oneida Law Office, Gaming Employee Services, Human Resources Department, and the General Manager. The Legislative Operating Committee held nine (9) work meetings on the development of the amendments to the Back Pay law. The development of the amendments to the Back Pay law complies with all processes and procedures required by the Legislative Procedures Act, including the development of a legislative Page 1 of 2 Public Packet 73 of 343 analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held two (2) public meetings on the proposed amendments to the Back Pay law. The first public meeting was held on December 13, 2022. No individuals provided public comments during this public meeting. The public comment period was then held open until December 20, 2022. One (1) submission of written comments was received during this public comment period. The Legislative Operating Committee reviewed and considered the public comments received on February 1, 2023. A second public meeting was held on April 12, 2024. One (1) person provided public comment during this public meeting. The public comment period was then held open until April 19, 2024. No individuals provided written comments during this public comment period. The Legislative Operating Committee reviewed and considered the public comments received on June 11, 2024. The amendments to the Back Pay law will become effective on August 7, 2024. Requested Action Adopt the Resolution: Amendments to the Back Pay Law Page 2 of 2 Public Packet 74 of 343 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Amendments to the Back Pay Law Summary This resolution adopts amendments to the Back Pay law to clarify how the reinstatement of an employee who had involuntary separation is handled, and how back pay is calculated and applied. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: July 10, 2024 Analysis by the Legislative Reference Office This resolution adopts amendments to the Back Pay law. The purpose of the Back Pay law is to set forth standards used in the reinstatement of an employee and the calculation of back pay for all employees of the Nation in accordance with the Nation’s laws. [2 O.C. 206.1-1].The amendments to the Back Pay law:  Include a new section in the law which provides for the reinstatement of employee who had involuntary separation overturned and addresses such issues as:  Requirement to hold a position pending litigation [2 O.C. 206.4-1];  Amending the position description or eliminating the position pending an employee appeal [2 O.C. 206.4-2];  Reinstatement to the position the employee was involuntarily separated from [2 O.C. 206.4-3];  Clarify that back pay calculations shall be made using the employee’s last wage in the position which they were terminated from [2 O.C. 206.5-1]; and  Clarify the circumstances in which an employee is not eligible to work, and therefore is not eligible for back pay [2 O.C. 206.5-2(d)]. Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”), which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Back Pay law amendments complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held two (2) public meetings on the proposed amendments to the Back Pay law. The first public meeting was held on December 13, 2022. No individuals provided public comments during this public meeting. The public comment period was then held open until December 20, 2022. One (1) submission of written comments was received during this public comment period. The Legislative Operating Committee reviewed and considered the public comments received on February 1, 2023. A second public meeting was held on April 12, 2024. One (1) person provided public comment during this public meeting. The public comment period was then held open until April 19, 2024. No individuals provided written comments during this Page 1 of 2 Public Packet 75 of 343 public comment period. The Legislative Operating Committee reviewed and considered the public comments received on June 11, 2024. The amendments to the Back Pay law will become effective on August 7, 2024. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 76 of 343 FINANCE ADMINISTRATION Fiscal Impact Statement MEMORANDUM TO: RaLinda Ninham-Lamberies, Chief Financial Officer FROM: Rae Skenandore, Senior Analyst/Budget Coordinator DATE: June 24, 2024 RE: Fiscal Impact of the Amendments to the Back Pay Law I. Estimated Fiscal Impact Summary Law: Amendments to the Back Pay Law Draft 3 Human Resource Department Oneida Law Office Implementing Agency Estimated time to comply Estimated Impact Total Estimated Fiscal Impact II. Sr. Management or the highest position in the employee’s chain of command. Oneida Nation Judiciary 10 days, in compliance with the Legislative Procedures Act Current Fiscal Year 10 Year Estimate No Fiscal Impact No Fiscal Impact Background This Law was adopted by the Oneida Business Committee by resolution BC-05-24-06-PP in 2006 and amended through resolutions BC-06-23-10-F, BC-08-3 13-14-C, and BC-10-26-16-A. The purpose of the Back Pay law is to set standards for reinstating an employee and calculating back pay. The amendments to the legislation include the following:  A new section was added to the law to clarify how an employee reinstatement is handled whan an involuntary separation is overturned.  Clarify the wage to be used in calculating back pay.  Language was added to clarify when an employee is not eligible to work and therefore not eligible for backpay. 1 Public Packet 77 of 343 III. Methodology and Assumptions A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects associated with legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate of the amount of time necessary for an agency to comply with the Law after implementation. Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the legislation. The analysis was completed based on the information provided as of the date of this memo. III. Executive Summary of Findings As stated, this Law has been in place since 2016. There are no start-up costs, no increases in personnel are needed, and no increases in office or documentation costs. The implementing agencies are prepared to implement all changes when approved. III. Financial Impact There is no fiscal impact of implementing this legislation. IV. Recommendation Finance Department does not make a recommendation in regards to course of action in this matter. Rather, it is the purpose of this report to disclose potential financial impact of this legislation, so that the Oneida Business Committee and General Tribal Council has the information with which to render a decision. 2 Public Packet 78 of 343 Analysis to Draft 3 2024 07 17 BACK PAY LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 Analysis by the Legislative Reference Office  Include a new section in the law which provides for the reinstatement of employee who had involuntary separation overturned and addresses such issues as:  Requirement to hold a position pending litigation [2 O.C. 206.4-1];  amending the position description or eliminating the position pending an employee appeal [2 O.C. 206.4-2];  Reinstatement to the position the employee was involuntarily separated from [2 O.C. 206.4-3];  Clarify that back pay calculations shall be made using the employee’s last wage in the position which they were terminated from [2 O.C. 206.5-1];  Clarify the circumstances in which an employee is not eligible to work, and therefore is not eligible for back pay [2 O.C. 206.5-2(d)]. The purpose of this law is to set forth standards used in the reinstatement of an employee and the calculation of back pay for all employees of the Nation in accordance with the Nation’s law. [2 O.C. 206.1-1]. Oneida Law Office, General Manager, Gaming General Manager, Retail General Manager, Human Resources Department Executive Director, Oneida Nation Judiciary, Employees of the Nation A public meeting was held on December 13, 2022, with a public comment period held open until December 20, 2022. An additional public meeting was held on April 12, 2024, with a public comment period held open until April 19, 2024. The Finance Administration provided a fiscal impact statement on July 2, 2024. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Back Pay law was originally adopted by the Oneida Business Committee in 2006 through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC-0813-14-C, and BC-10-26-16-A. The purpose of the Back Pay law is to set forth standards used in the reinstatement of an employee and the calculation of back pay for all employees of the Nation in accordance with the Nation’s law. [2 O.C. 206.1-1]. It is the policy of the Nation to have consistent and standard procedures for the management of employee reinstatement and back pay. [2 O.C. 206.12]. B. Request for Amendments. On the September 14, 2022, the Oneida Business Committee adopted a motion to request the Legislative Operating Committee consider amendments to the Back Pay law. The Legislative Operating Committee added this legislative item to its Active Files List on September 21, 2022. 13 14 Page 1 of 6 Public Packet 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 79 of 343 Analysis to Draft 3 2024 07 17 SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of the amendments to the Back Pay law and this legislative analysis:  Oneida Law Office;  Human Resources Department;  General Manager; and  Gaming Employee Services. B. The following laws were reviewed in the drafting of this analysis:  Back Pay law;  Oneida Personnel Policies and Procedures;  Drug and Alcohol Free Workplace law;  Furlough law; and  Investigative Leave Policy. SECTION 4. PROCESS A. The development of the proposed amendments to the Back Pay law complies with the process set forth in the Legislative Procedures Act (LPA).  On September 14, 2022, the Oneida Business Committee adopted a motion to request the Legislative Operating Committee to add the Back Pay Policy to the active files agenda and to release the confidential memo to the Legislative Reference Office as a confidential document.  On September 21, 2022, the Legislative Operating Committee added the Law to its Active Files List.  On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed amendments to the Back Pay law and directed that a legislative analysis be developed.  On October 19, 2022, the Legislative Operating Committee approved the updated draft and legislative analysis.  On November 2, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Back Pay law amendments to a public meeting to be held on December 13, 2022.  The public meeting was held on December 13, 2022, in person in the Norbert Hill Center and on Microsoft Teams. No individuals provided public comment during the public meeting.  The public comment period was held open until December 20, 2022. One (1) submission of written comments was received during the public comment period.  On February 1, 2023, the Legislative Operating Committee to accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration. The Legislative Operating Committee reviewed and considered these comments later that same day.  On February 15, 2023, the Legislative Operating Committee accepted the updated public comment review memorandum.  On October 4, 2023, the Legislative Operating Committee readded the Back Pay law amendments to its Active Files List for the 2023-2026 legislative term.  On March 6, 2024, the Legislative Operating Committee approved the updated materials contained in the public meeting packet for the Back Pay law amendments, and forwarded the Back Pay law amendments to a public meeting to be held on April 12, 2024. Page 2 of 6 Public Packet 80 of 343 Analysis to Draft 3 2024 07 17 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 On April 12, 2024, a public meeting was held regarding the proposed amendments to the Back Pay law. One (1) person provided public comment during this public meeting.  On April 19, 2024, the public comment period for the proposed amendments to the Back Pay law closed. No individuals provided written comments during the public comment period.  On June 5, 2024, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On June 11, 2024, the Legislative Operating Committee reviewed and considered the public comments received.  On June 19, 2024, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and legislative analysis; and approved the fiscal impact statement request memorandum and forwarded the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by July 3, 2024.  On July 2, 2024, the Finance Administration provided the Legislative Operating Committee the fiscal impact statement for the proposed amendments to the Law. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of the amendments to this Law:  September 29, 2022: LOC work session;  October 13, 2022: LOC work session;  February 1, 2023: LOC work session;  March 14, 2023: LOC work session with HRD.  January 3, 2024: LOC work session.  January 17, 2024: LOC work session.  February 1, 2024: LOC work session.  February 20, 2024: LOC work session with HRD, Oneida Law Office, General Manager, and Gaming Employee Services.  June 11, 2024: LOC work session.  July 11, 2024: LOC work session. 88 89 90 91 92 93 94 95 96 Back Pay Statistics Employees of the Nation may receive back pay for a couple different reasons such as (1) overturned suspensions, separations, and employment terminations; (2) an investigative leave that ends with the employee returning to their position with no discipline; and (3) missed work time for reasonable suspicion drug test that produces a negative result.  Below please find some statistics provided by the Oneida Law Office regarding employment appeals and back pay awards related to each reason listed above. Page 3 of 6 Public Packet 81 of 343 Analysis to Draft 3 2024 07 17 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 SECTION 5. CONTENTS OF THE LEGISLATION A. Holding a Position Pending Appeals and Reinstatement. A new section added to the Law through these amendments addresses reinstatement of an employee who was involuntarily separated. [2 O.C. 206.4]. This new section requires that when an employee is involuntarily separated and thereafter appeals said involuntary separation, the disciplining supervisor may only fill the employee's former position with an interim or temporary employee until the appeal has fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-1]. Additionally, this section of the Law provides that notwithstanding the requirement to hold an employee's position pending the employee's appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected position description or eliminate the affected position while an employment appeal is pending to respond to extreme financial distress that could negatively impact the Nation. [2 O.C. 206.4-2]. Extreme financial distress is defined to mean a situation in which an entity cannot generate sufficient revenues or income, making it unable to meet or pay its financial obligations, due to situations including, but is not limited to, natural or human-made disasters; United States Government shutdown; emergency proclamations; and economic downturn. [2 O.C. 206.3-1(g)].The determination to amend an affected position description or eliminate an affected position is then required to be approved by the Human Resources Department Executive Director and either the General Manager, Gaming General Manager, Retail General Manager, or the highest position in the employee’s chain of command for non-divisional employees. [2 O.C. 206.4-2(a)]. This new section then goes on to provide that should an employee's appeal of an involuntary separation result in the separation being overturned, the reviewing party shall order the employee be reinstated to the position from which the employee was involuntary separated. [2 O.C. 206.4-3]. In the event the position the employee was involuntarily separated from has been eliminated, or the employee is no longer eligible for the position based on amendments to the position description, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date of the reviewing party's decision. [2 O.C. 206.4-3(a)].  Effect. The overall purpose of this new section to the Law is to provide direction and clarification on how the reinstatement of an employee who had an involuntary separation overturned is handled, so that it can be handled in a consistent manner throughout the Nation. B. Back Pay Calculations. The proposed amendments to the Law clarify that back pay calculations shall be made using the employee’s last wage in the position which they were involuntarily separated from. [2 O.C. 206.5-1].  Effect. This provision of the Law clarifies what wage of an employee should be used when calculating back pay. Page 4 of 6 Public Packet 133 134 135 136 137 138 139 140 141 142 143 144 145 82 of 343 Analysis to Draft 3 2024 07 17 C. Explanation of When an Employee is Not Eligible to Work. The Law provides that the Nation shall not include time when an employee would not have been eligible to work in the calculation of any back pay amount. [2 O.C. 206.5-2(d)]. The proposed amendments to the Law provides greater clarification by providing a list of examples of when an employee is not eligible to work, which includes such circumstances such as when an employee is on layoff or furlough status at the time of termination; when a position is eliminated or inactive as part of the Nation’s response extreme financial distress; when an employee would have been on medical leave at the time of the involuntary separation; and when an employee would otherwise not be eligible to work in the position from which they were separated from in accordance with the position description based on applicable grant requirements when a position is grant funded, applicable laws of the Nation, including, but not limited to, the Vehicle Driver Certification and Fleet Management law, and a criminal conviction. [2 O.C. 206.5-2(d)(1)-(4)].  Effect. This provision of the Law clarifies when it should be considered that an employee is not eligible to work, and therefore is not eligible for back pay. 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to the Back Pay law:  Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and Procedures is to provide for the Nation’s employee related policies and procedures including recruitment, selection, compensation and benefits, employee relations, safety and health, program and enterprise rules and regulations, and record keeping.  Section V.D of the Oneida Personnel Policies and Procedures specifically addresses complaints, disciplinary actions and grievances. Section V.D.6 provides that any employee who receives a disciplinary action which he/she believes is unfair may grieve the action. Section V.D.6.f.5 then provides that the Oneida Personnel Commission may: uphold the disciplinary action; or overturn the disciplinary action and either reinstate the employee with full back pay for any lost time or reinstate the employee without back pay.  The Back Pay law will now address the reinstatement of an employee who has an involuntary separation overturned in section 206.4, as well as provide greater clarification on how back pay is calculated in section 206.5.  Drug and Alcohol Free Workplace Law. It is the policy of the Nation to establish a drug and alcohol-free workplace program that balances respect for individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-1].  The Drug and Alcohol Free Workplace law provides that it is the employee’s responsibility to cooperate with the requests made by Employee Health Nursing and the Medical Review Officer. [2 O.C. 202.5-2(e)]. An employee who fails to cooperate and does not contact the Medical Review Officer within twenty-four (24) hours of receiving contact shall not receive back pay for any time between the date the Medical Review Officer placed the call until the time the employee does return the call of the Medical Review Officer. Id.  The Drug and Alcohol Free Workplace law provides that during drug and alcohol testing for reasonable suspicion, an employee shall be immediately removed from duty without pay at the time of initiation of the reasonable suspicion drug and alcohol testing and specimen collection until the employer is notified by Employee Health Nursing of negative results on both the drug and alcohol tests, or Medical Review Officer verified negative test results. [2 O.C. 202.10-2]. Page 5 of 6 Public Packet 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198   83 of 343 Analysis to Draft 3 2024 07 17 If the employee is reinstated after confirmation of drug and alcohol testing results, back pay shall be provided in accordance with the Back Pay law. [2 O.C. 202.10-3]. Furlough Law. The purpose of the Furlough law is to enable the Nation to implement a furlough program in response to an interruption of governmental revenues or operations, insufficient treasury funds or other emergencies/ unplanned events as determined by the Oneida Business Committee in accordance with this law; establish a consistent and equitable process for implementation of a furlough program; and incorporate Indian preference into the furlough program and require that it be applied in accordance with this law. [2 O.C. 205.1-1].  The Furlough law provides that except when an employee successfully appeals being placed on furlough status in violation of this law, employees placed in furlough status shall not be eligible for back pay upon their return to work. [2 O.C. 205.8-6]. Investigative Leave Policy. The purpose of the Investigative Leave Policy is to address investigative leave for employees undergoing work-related investigations. [2 O.C. 208.1-1].  The Investigative Leave Policy provides that an employee placed on investigative leave shall not receive any wages or benefits unless placed in an alternative work assignment, and that if the employee refuses the alternative work assignment and is returned to work, the employee shall not receive any back pay or benefits. [2 O.C. 208.10-2].  The Investigative Leave Policy provides that an employee shall receive back pay and benefits for the time the employee was on investigative leave pursuant to the Back Pay law if all of the following occur: the employee was not offered an alternative work assignment when placed on investigative leave; the employee is returned to his or her position; and the employee is not disciplined based on the investigation. [2 O.C. 208.10-4]. 199 SECTION 7. OTHER CONSIDERATIONS 200 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 201 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC202 10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures 203 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 204 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 205 completing the fiscal impact statement. 206  Conclusion. On July 2, 2024, the Finance Administration provided the Legislative Operating 207 Committee with a fiscal impact statement for the proposed amendments to the Law. Please see the 208 fiscal impact statement for further information. 209 Page 6 of 6 Public Packet 84 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 Title 2. Employment – Chapter 206 BACK PAY Tashakotik@lyahke> kayanl^hsla> back pay law BACK PAY AND REINSTATEMENT 206.1. Purpose and Policy 206.2. Adoption, Amendment, Appeal 206.3. Definitions 206.4. Back Pay Calculation 206.5. Back Pay Process 206.1. Purpose and Policy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 206.2. Adoption, Amendment, Appeal 206.3. Definitions 206.4. Holding a Position Pending Appeals and Reinstatement 206.5. Back Pay Calculation 206.6. Back Pay Process 206.1. Purpose and Policy 206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a employee, and the calculation of back pay for all employees of the Nation in accordance with the Nation’s law. 206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the management of employee reinstatement and back pay. 206.2. Adoption, Amendment, AppealRepeal 206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__. 206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 206.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 206.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 206.3. Definitions 206.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. (a)(b) “Advocate” means a non-attorney person as provided by law and other person who is admitted to practice law and is presented to the court as the representative or advisor to a party. (b)(c) “Back pay” means money damages owed to the employee for a salary or wage to compensate the employee as determined by the formulas set forth within this law. (c)(d) “Consequential damages” means damages that are not a direct and immediately 2 O.C. 206 – Page 1 Public Packet 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 85 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 result of an act, but a consequence of the initial act, including but not limited to penalties on early withdrawal of retirement account. (d) “Consultant” means a professional who is contracted externally whose expertise is provided on a temporary basis for a fee. (e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit increases, bonuses and incentives, employment benefits and income received during the back pay period. (f) “Employee” means any individual who is employed by the Nation and is subject to the direction and control of the Nation with respect to the material details of the work performed, or who has the status of an employee under the usual common law rules applicable to determining the employer-employee relationship. “Employee” includes, but is not limited to;, an individual employed by any program or enterprise of the Nation, but does not include elected or appointed officials, or individuals employed by a Tribally Chartered Corporation. For purposes of this law, individuals employed under an employment contract as a limited term employee are employees of the Nation, not consultants. (g) “Extreme financial distress” means a situation in which an entity cannot generate sufficient revenues or income, making it unable to meet or pay its financial obligations, due to situations including, but is not limited to: (1) natural or human-made disasters; (2) United States Government shutdown; (3) emergency proclamations; and (4) economic downturn. (g)(h) “Involuntarily separated” means an employee removed from employment through whatever means, other than a layoff, by the employer. This shall include, but is not limited to, investigative leave, suspension or termination. (h)(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. (i)(j) “Nation” means the Oneida Nation. (j)(k) “Punitive damages” means monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the other party. (l) “Reviewing party” means the area manager or the Trial Court. (m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. 206.4. Holding a Position Pending Appeals and Reinstatement 206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only fill the employee's former position with an interim or temporary employee until the appeal has fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or the Appellate Court. 2 O.C. 206 – Page 2 Public Packet 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 86 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected position description or eliminate the affected position while an employment appeal is pending to respond to extreme financial distress that could negatively impact the Nation. (a) The determination to amend an affected position description or eliminate an affected position shall be approved by the Human Resources Executive Director and either the: (1) General Manager; (2) Gaming General Manager; (3) Retail General Manager; or (4) the highest position in the employee’s chain of command for non-divisional employees. 206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should an employee's appeal of an involuntarily separation result in the involuntarily separation being overturned, the reviewing party shall order the employee be reinstated to the position from which the employee was involuntarily separated. (a) In the event the position the employee was involuntarily separated from has been eliminated, or the employee is no longer eligible for the position based on amendments to the position description, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date of the reviewing party's decision. 206.5. Back Pay Calculation 206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall be made using the employee's last wage in the position which they were involuntarily separated from. Back pay, in all circumstances, shall be limited to the calculation set forth in this Section as they relate to the employee. section. Back pay shall include and be subject to the following as it is related to the employee: (a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for vacation/ and personal time which would have accrued during the back pay period. (1) Reinstated employees shall be credited for vacation/ and personal time. If the crediting of vacation/ and personal time would result in the employee exceeding the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over that cap shall be provided as a cash payout. Non-reinstated employees shall be paid out vacation/ and personal time in lieu of crediting personal/ and vacation time. (b) Shift Differential. Shift differential shall be included in the back pay amount to the extent it is a part of the employee’s regularly scheduled hours. (c) Tips. If the employee received pooled tips at the time of involuntary separation, tips shall be included in the total back pay amount at the same tip rate that other employees in the same position and on the same shift received on the same dates. (1) If the employee received individual tips at the time of involuntary separation, the employee shall be ineligible for tips during the back pay period. (d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the employee would have received such pay if the employee had not been involuntarily separated. (e) Merit Increases. The hourly rate used to calculate back pay shall be increased according to the merit increase system/ or standard used by the employee’s supervisor 2 O.C. 206 – Page 3 Public Packet 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 87 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 during the back pay period and willshall include any increases from Oneida Business Committee or General Tribal Council directives. (1) The effective date of the employee’s merit increase shall be the same as the effective date for other employees in the same department. Retroactive increases shall be calculated back to the retroactive date used for other employees in the same department. (2) The most recent performance review issued to the employee prior to being involuntarily separated shall be used to determine the level of merit increase. However, if the employee appealed the performance review to the Human Resource Department Manager prior to involuntary separation, a method under the Nation’s laws, rules and policies shall be used to determine the merit increase. (f) Bonuses and Incentives. All bonus and incentive payments for which the employee would have been eligible during the back pay period shall be included in the total back pay amount, except for non-monetary gifts distributed by the Nation to all employees (e.g. winter gift) or other non-monetary benefits, such as clothing allowance. (g) Employment Benefits. Employee benefits shall be subject to the provisions in this section. (1) Insurance Benefits. Coverage by the Nation for health insurance, dental insurance, vision insurance, life insurance, long-term disability and short-term disability coverage shall continue during an involuntary separation, except in the event of a termination where the coverage willshall discontinue. The Nation shall deduct the employee’s share of premiums paid from any back pay award. (A) If the employee’s circumstances have changed during the back pay period and such circumstances affect the employee’s insurance needs, the employee shall notify the Nation of such changes at the time of reinstatement. (B) An employee who is reinstated shall sign a waiver from Purchased Referred Care authorizing a review of the back pay period to determine if Purchased Referred Care services were rendered. If Purchased Referred Care determines services were rendered during the back pay period, an employee shall timely submit insurance information to Purchased Referred Care in order for Purchased Referred Care to retroactively bill the insurance provider to recoup funds for those services rendered during the back pay period. (C) If the employee refuses to sign an authorization waiver from Purchased Referred Care, the employee willshall not be eligible to receive any back pay award. (2) Flexible Benefit Plan Contributions. If a terminated employee was contributing to the Nation’s flexible benefit plan at the time of termination, the status of the employee’s flex benefit plan shall be subject to the provisions of the Internal Revenue Code. (3) Retirement Benefit Contributions. In the event the employee was participating in the Nation’s retirement plan at the time of involuntary separation, the employee shall be responsible for contacting the retirement plan administrator and reactivating contributions. (A) The employee may choose whether to have the employee’s contribution to the retirement plan that would have been made during the back pay period deducted from the total back pay amount and deposited into the employee’s retirement account. 2 O.C. 206 – Page 4 Public Packet 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 88 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 (B) If the employee was eligible for employer matching contributions at the time of involuntary separation and the employee chooses to make a contribution through back pay, the Nation shall contribute the employer match into the employee’s retirement account. (C) If the employee was not participating in the Nation’s retirement plan or chooses not to make contributions through the back pay process, then the Nation shall not make employer match contributions into the employee’s retirement account. (h) Income Received During the Back Pay Period. (1) Unemployment Benefits. Depending upon the unemployment compensation financing option elected by the Nation, either: (A) Any unemployment compensation paid by the Nation to the State of Wisconsin for an involuntarily separated employee shall be deducted from the employee’s back pay award; or (B) The employee is directly responsible for the reimbursement to the State of Wisconsin. The Nation shall send a copy of the completed and signed settlement agreement to the appropriate state department. The state then may determine the amount, if any, of unemployment compensation benefits received during the back pay period should be repaid. (2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be deducted from the total back pay amount. (A) The employee shall provide information to verify the amount of or lack of earned income and sign an affidavit attesting to the amount of or lack of earned income. (B) If the employee worked an additional job prior to being involuntarily separated and continued working in the same capacity, the income earned from that employment shall not be deducted from the total back pay amount to the extent that the income is consistent with pre-involuntary separation earnings. Where the employee worked the additional job, the employee shall provide information from the employer to verify the income earned before and during the back pay period. 206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay amount: (a) Punitive damages; (b) Consequential damages; (c) Attorney’s or advocate’s fees; (d) Time when the employee would not have been eligible to work;. An employee is not eligible to work in circumstances including, but not limited to, the following: (1) When an employee is on layoff or furlough status at the time of involuntary separation; (2) When a position is eliminated or inactive as part of the Nation’s response to extreme financial distress; (3) When an employee would have been on medical leave at the time of involuntary separation; and (4) When an employee would otherwise not be eligible to work in the position from which they were separated from in accordance with the position description based 2 O.C. 206 – Page 5 Public Packet 89 of 343 Draft 3 (Redline to Current) for OBC Consideration 2024 07 17 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 on: (A) applicable grant requirements when the position is grant funded; (B) applicable laws of the Nation including, but not limited to, the Vehicle Driver Certification and Fleet Management law; and (C) a criminal conviction; (e) Monies normally paid for additional duties while working where an alternate employee assumed that function while the employee was involuntarily separated, unless the additional duties are a part of such involuntarily separated employee’s regular schedule. 206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is involuntarily separated and ends on the day the employee is reinstated. (a) If the employee is reinstated but refuses to return to work, the back pay period ends on the date reinstatement would have taken effect, but was refused by the employee. (b) Back pay shall be calculated by taking the employee’s average hours worked during the fifty-two (52) week period immediately preceding the date of the involuntary separation and divide that amount by the number of weeks worked. (1) If the employment prior to the involuntary separation was less than fifty-two (52) weeks, the back pay shall be calculated by taking the employee’s average hours worked and divide that amount by the number of weeks worked. (2) If the involuntary separation period involves a fractional week, the indemnity shall be paid for each day of a fractional week at the rate of the average number of hours worked per day immediately prior to the involuntary separation. For the purposes of this section, immediately prior means the twelve (12) full work weeks immediately preceding the involuntary separation. Provided that, under extenuating circumstances related to business needs of the Nation wherein the Oneida Law Office determines that considering hours worked per day immediately prior would be unfair, an alternative reasonable timeframe may be used. 206.56. Back Pay Process 206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of implementing this law. 206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in providing information needed to assemble and prepare the back pay agreement. 206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30) calendar days, starting the day after the party to the grievance action provides to the Oneida Law Office a judgment ordering back pay or the results of an investigation or test showing the employee is cleared of any wrongdoing. 206.56-4. An employee not receiving back pay in accordance with the back pay agreement may seek enforcement by the Judiciary. End. Adopted - BC-505-24-06-PP Amended - BC-06-23-10-F Amended - BC-08-13-14-C Amended - BC-10-26-16-A Amended – BC-__-__-__-__ 2 O.C. 206 – Page 6 Public Packet 90 of 343 Draft 3 for OBC Consideration 2024 07 17 Title 2. Employment – Chapter 206 Tashakotik@lyahke> kayanl^hsla> back pay law BACK PAY AND REINSTATEMENT 206.1. Purpose and Policy 206.2. Adoption, Amendment, Appeal 206.3. Definitions 206.4. Holding a Position Pending Appeals and Reinstatement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 206.5. Back Pay Calculation 206.6. Back Pay Process 206.1. Purpose and Policy 206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a employee, and the calculation of back pay for all employees of the Nation in accordance with the Nation’s law. 206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the management of employee reinstatement and back pay. 206.2. Adoption, Amendment, Repeal 206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____. 206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 206.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 206.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 206.3. Definitions 206.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. (b) “Advocate” means a non-attorney person as provided by law and other person who is admitted to practice law and is presented to the court as the representative or advisor to a party. (c) “Back pay” means money damages owed to the employee for a salary or wage to compensate the employee as determined by the formulas set forth within this law. (d) “Consequential damages” means damages that are not a direct and immediately result of an act, but a consequence of the initial act, including but not limited to penalties on early withdrawal of retirement account. (e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit 2 O.C. 206 – Page 1 Public Packet 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 91 of 343 Draft 3 for OBC Consideration 2024 07 17 increases, bonuses and incentives, employment benefits and income received during the back pay period. (f) “Employee” means any individual who is employed by the Nation and is subject to the direction and control of the Nation with respect to the material details of the work performed, or who has the status of an employee under the usual common law rules applicable to determining the employer-employee relationship. “Employee” includes, but is not limited to, an individual employed by any program or enterprise of the Nation but does not include elected or appointed officials, or individuals employed by a Tribally Chartered Corporation. For purposes of this law, individuals employed under an employment contract as a limited term employee are employees of the Nation, not consultants. (g) “Extreme financial distress” means a situation in which an entity cannot generate sufficient revenues or income, making it unable to meet or pay its financial obligations, due to situations including, but is not limited to: (1) natural or human-made disasters; (2) United States Government shutdown; (3) emergency proclamations; and (4) economic downturn. (h) “Involuntarily separated” means an employee removed from employment through whatever means, other than a layoff, by the employer. This shall include, but is not limited to investigative leave, suspension or termination. (i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. (j) “Nation” means the Oneida Nation. (k) “Punitive damages” means monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the other party. (l) “Reviewing party” means the area manager or the Trial Court. (m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and Bylaws of the Oneida Nation. 206.4. Holding a Position Pending Appeals and Reinstatement 206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only fill the employee's former position with an interim or temporary employee until the appeal has fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or the Appellate Court. 206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected position description or eliminate the affected position while an employment appeal is pending to respond to extreme financial distress that could negatively impact the Nation. 2 O.C. 206 – Page 2 Public Packet 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 92 of 343 Draft 3 for OBC Consideration 2024 07 17 (a) The determination to amend an affected position description or eliminate an affected position shall be approved by the Human Resources Executive Director and either the: (1) General Manager; (2) Gaming General Manager; (3) Retail General Manager; or (4) the highest position in the employee’s chain of command for non-divisional employees. 206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should an employee's appeal of an involuntarily separation result in the involuntarily separation being overturned, the reviewing party shall order the employee be reinstated to the position from which the employee was involuntarily separated. (a) In the event the position the employee was involuntarily separated from has been eliminated, or the employee is no longer eligible for the position based on amendments to the position description, the order to reinstate shall be deemed satisfied and the back pay end date shall be the date of the reviewing party's decision. 206.5. Back Pay Calculation 206.5-1. Back Pay Limitations. Back pay calculations shall be made using the employee's last wage in the position which they were involuntarily separated from. Back pay, in all circumstances, shall be limited to the calculation set forth in this section. Back pay shall include and be subject to the following as it is related to the employee: (a) Vacation and Personal Time Accrual. Employees shall receive prorated credit for vacation and personal time which would have accrued during the back pay period. (1) Reinstated employees shall be credited for vacation and personal time. If the crediting of vacation and personal time would result in the employee exceeding the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over that cap shall be provided as a cash payout. Non-reinstated employees shall be paid out vacation and personal time in lieu of crediting personal and vacation time. (b) Shift Differential. Shift differential shall be included in the back pay amount to the extent it is a part of the employee’s regularly scheduled hours. (c) Tips. If the employee received pooled tips at the time of involuntary separation, tips shall be included in the total back pay amount at the same tip rate that other employees in the same position and on the same shift received on the same dates. (1) If the employee received individual tips at the time of involuntary separation, the employee shall be ineligible for tips during the back pay period. (d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the employee would have received such pay if the employee had not been involuntarily separated. (e) Merit Increases. The hourly rate used to calculate back pay shall be increased according to the merit increase system or standard used by the employee’s supervisor during the back pay period and shall include any increases from Oneida Business Committee or General Tribal Council directives. (1) The effective date of the employee’s merit increase shall be the same as the effective date for other employees in the same department. Retroactive increases shall be calculated back to the retroactive date used for other employees in the same department. (2) The most recent performance review issued to the employee prior to being 2 O.C. 206 – Page 3 Public Packet 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 93 of 343 Draft 3 for OBC Consideration 2024 07 17 involuntarily separated shall be used to determine the level of merit increase. However, if the employee appealed the performance review to the Human Resource Department Manager prior to involuntary separation, a method under the Nation’s laws, rules and policies shall be used to determine the merit increase. (f) Bonuses and Incentives. All bonus and incentive payments for which the employee would have been eligible during the back pay period shall be included in the total back pay amount, except for non-monetary gifts distributed by the Nation to all employees (e.g. winter gift) or other non-monetary benefits, such as clothing allowance. (g) Employment Benefits. Employee benefits shall be subject to the provisions in this section. (1) Insurance Benefits. Coverage by the Nation for health insurance, dental insurance, vision insurance, life insurance, long-term disability and short-term disability coverage shall continue during an involuntary separation, except in the event of a termination where the coverage shall discontinue. The Nation shall deduct the employee’s share of premiums paid from any back pay award. (A) If the employee’s circumstances have changed during the back pay period and such circumstances affect the employee’s insurance needs, the employee shall notify the Nation of such changes at the time of reinstatement. (B) An employee who is reinstated shall sign a waiver from Purchased Referred Care authorizing a review of the back pay period to determine if Purchased Referred Care services were rendered. If Purchased Referred Care determines services were rendered during the back pay period, an employee shall timely submit insurance information to Purchased Referred Care in order for Purchased Referred Care to retroactively bill the insurance provider to recoup funds for those services rendered during the back pay period. (C) If the employee refuses to sign an authorization waiver from Purchased Referred Care, the employee shall not be eligible to receive any back pay award. (2) Flexible Benefit Plan Contributions. If a terminated employee was contributing to the Nation’s flexible benefit plan at the time of termination, the status of the employee’s flex benefit plan shall be subject to the provisions of the Internal Revenue Code. (3) Retirement Benefit Contributions. In the event the employee was participating in the Nation’s retirement plan at the time of involuntary separation, the employee shall be responsible for contacting the retirement plan administrator and reactivating contributions. (A) The employee may choose whether to have the employee’s contribution to the retirement plan that would have been made during the back pay period deducted from the total back pay amount and deposited into the employee’s retirement account. (B) If the employee was eligible for employer matching contributions at the time of involuntary separation and the employee chooses to make a contribution through back pay, the Nation shall contribute the employer match into the employee’s retirement account. (C) If the employee was not participating in the Nation’s retirement plan or chooses not to make contributions through the back pay process, then the Nation shall not make employer match contributions into the employee’s 2 O.C. 206 – Page 4 Public Packet 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 94 of 343 Draft 3 for OBC Consideration 2024 07 17 retirement account. (h) Income Received During the Back Pay Period. (1) Unemployment Benefits. Depending upon the unemployment compensation financing option elected by the Nation, either: (A) Any unemployment compensation paid by the Nation to the State of Wisconsin for an involuntarily separated employee shall be deducted from the employee’s back pay award; or (B) The employee is directly responsible for the reimbursement to the State of Wisconsin. The Nation shall send a copy of the completed and signed settlement agreement to the appropriate state department. The state then may determine the amount, if any, of unemployment compensation benefits received during the back pay period should be repaid. (2) Income Received Through Employment. Except as provided in section 206.51(h)(2)(B), income earned by an employee during the back pay period shall be deducted from the total back pay amount. (A) The employee shall provide information to verify the amount of or lack of earned income and sign an affidavit attesting to the amount of or lack of earned income. (B) If the employee worked an additional job prior to being involuntarily separated and continued working in the same capacity, the income earned from that employment shall not be deducted from the total back pay amount to the extent that the income is consistent with pre-involuntary separation earnings. Where the employee worked the additional job, the employee shall provide information from the employer to verify the income earned before and during the back pay period. 206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay amount: (a) Punitive damages; (b) Consequential damages; (c) Attorney’s or advocate’s fees; (d) Time when the employee would not have been eligible to work. An employee is not eligible to work in circumstances including, but not limited to, the following: (1) When an employee is on layoff or furlough status at the time of involuntary separation; (2) When a position is eliminated or inactive as part of the Nation’s response to extreme financial distress; (3) When an employee would have been on medical leave at the time of involuntary separation; and (4) When an employee would otherwise not be eligible to work in the position from which they were separated from in accordance with the position description based on: (A) applicable grant requirements when the position is grant funded; (B) applicable laws of the Nation including, but not limited to, the Vehicle Driver Certification and Fleet Management law; and (C) a criminal conviction; (e) Monies normally paid for additional duties while working where an alternate employee assumed that function while the employee was involuntarily separated, unless the 2 O.C. 206 – Page 5 Public Packet 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 95 of 343 Draft 3 for OBC Consideration 2024 07 17 additional duties are a part of such involuntarily separated employee’s regular schedule. 206.5-3. Back Pay Period. Calculation of back pay begins on the day the employee is involuntarily separated and ends on the day the employee is reinstated. (a) If the employee is reinstated but refuses to return to work, the back pay period ends on the date reinstatement would have taken effect, but was refused by the employee. (b) Back pay shall be calculated by taking the employee’s average hours worked during the fifty-two (52) week period immediately preceding the date of the involuntary separation and divide that amount by the number of weeks worked. (1) If the employment prior to the involuntary separation was less than fifty-two (52) weeks, the back pay shall be calculated by taking the employee’s average hours worked and divide that amount by the number of weeks worked. (2) If the involuntary separation period involves a fractional week, the indemnity shall be paid for each day of a fractional week at the rate of the average number of hours worked per day immediately prior to the involuntary separation. For the purposes of this section, immediately prior means the twelve (12) full work weeks immediately preceding the involuntary separation. Provided that, under extenuating circumstances related to business needs of the Nation wherein the Oneida Law Office determines that considering hours worked per day immediately prior would be unfair, an alternative reasonable timeframe may be used. 206.6. Back Pay Process 206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of implementing this law. 206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in providing information needed to assemble and prepare the back pay agreement. 206.6-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30) calendar days, starting the day after the party to the grievance action provides to the Oneida Law Office a judgment ordering back pay or the results of an investigation or test showing the employee is cleared of any wrongdoing. 206.6-4. An employee not receiving back pay in accordance with the back pay agreement may seek enforcement by the Judiciary. End. Adopted - BC-05-24-06-PP Amended - BC-06-23-10-F Amended - BC-08-13-14-C Amended - BC-10-26-16-A Amended – BC-__-__-__-__ 2 O.C. 206 – Page 6 Public Packet 96 of 343 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oneida, WI 54155 BC Resolution # 07-24-24-X Amendments to the Back Pay Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Back Pay law (“the Law”) was adopted by the Oneida Business Committee through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC08-13-14-C, and BC-10-26-16-A; and WHEREAS, the purpose of this Law is to set forth standards used in the reinstatement of an employee and the calculation of back pay for all employees of the Nation in accordance with the Nation’s law; and WHEREAS, the amendments to the Law include a new section which provides for the reinstatement of employee who had involuntary separation overturned and addresses such issues as: the requirement to hold a position pending litigation, amending the position description or eliminating the position pending an employee appeal, and reinstatement to the position the employee was involuntarily separated from; and WHEREAS, the amendments to the Law clarify that back pay calculations shall be made using the employee’s last wage in the position which they were terminated from; and WHEREAS, the amendments to the Law clarify the circumstances in which an employee is not eligible to work, and therefore is not eligible for back pay; and WHEREAS, the Legislative Operating Committee developed the proposed amendments to the Law through collaboration with representatives from the Oneida Law Office, Gaming Employee Services, Human Resources Department, and the General Manager; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were completed for the proposed amendments to the Law; and WHEREAS, the Legislative Operating Committee held two (2) public meetings on the proposed amendments to the Law; and Public Packet 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 97 of 343 BC Resolution 07-24-24-X Amendments to the Back Pay Law Page 2 of 2 WHEREAS, a public meeting for the proposed amendments to this Law was held on December 13, 2022, with no individuals providing oral comments, and the public comment period for the amendments to this Law was held open until December 20, 2022, with one (1) submission of written comments received; and WHEREAS, the Legislative Operating Committee reviewed and considered the public comments received on February 1, 2023, and any changes have been incorporated into this draft; and WHEREAS, an additional public meeting for the proposed amendments to this Law was held on April 12, 2024, with one (1) individual providing oral comments, and the public comment period for the amendments to this Law was held open until April 19, 2024, with no written comments received; and WHEREAS, the Legislative Operating Committee reviewed and considered the public comments received on June 11, 2024, and any changes have been incorporated into this draft; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments to the Back Pay law which shall become effective on August 7, 2024. Public Packet 98 of 343 Adopt resolution entitled Adoption of the FY-2024-2027 Oneida Nation Tribal Transportation Improvement Public Packet 99 of 343 Public Packet From: To: Subject: Date: 100 of 343 Oneida Law Troy D. Parr We have received your contract Tuesday, July 16, 2024 10:28:08 AM Your U.S. Interior, Dept. of contract has been received and assigned to an attorney. When making inquiries about this contract, please reference the assigned file number: 2024-0817. Please allow 10 business days for the legal review. Should you need an immediate review, please contact the Oneida Law Office at 869-4327. Keep in mind that this does not include time for obtaining a review from Central Purchasing, the appropriate signatures and processing by Central Purchasing and/or Accounting. The approval process may take additional time should the contract need Gaming Commission and/or Business Committee approval. Yaw"ko (Thank you). Oneida Law Office N7210 Seminary Road Post Office Box 109 Oneida, WI 54155 Office: 920-869-4327 Fax: 920-869-4065 e-mail: Oneida_Law@oneidanation.org CONFIDENTIALITY NOTICE: This information is for the personal and confidential use of the designated recipient and may be a privileged and confidential attorney-client communication. If the reader is not the designated recipient or an agent responsible for delivery to the designated recipient, you have received this information in error and any review, dissemination, distribution or copying of this information is strictly prohibited. If you have received this information in error, please notify us immediately at oneida_law@oneidanantion.org and destroy the original transmission and its attachments without reading or saving in any manner. Thank you. Public Packet 101 of 343 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Troy D Parr Community Development Department Use this number on future correspondence: 2024-0817 FROM: Carl J. Artman, Staff Attorney DATE: July 18, 2024 RE: U.S. D [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A861b0519eee1b826. Public record. Not legal advice.