Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Microsoft Teams

July 18, 2023

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. July 10, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Personnel Policies and Procedures Amendments (pg. 4)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Microsoft Teams

July 10, 2023

9:00 a.m.

Present on Microsoft Teams: David P. Jordan, Daniel Guzman King, Jennifer Webster, Kirby

Metoxen

Others Present on Microsoft Teams: Clorissa N. Leeman, Grace Elliott, Brooke Doxtator, Keith

Doxtator, Rhiannon Metoxen, Michelle Braaten, Michelle Tipple, Terri Schlitz, Debra Powless,

Justin Nishimoto, Matt Denny, Todd VandenHeuvel, Kaylynn Gresham, Katsitsiyo Danforth,

Kristal Hill, Michelle Tipple, Peggy Van Gheem, Mark Powless, Heidi Blanks

I.

Call to Order and Approval of the Agenda

David P. Jordan called the July 10, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda as is; seconded by Daniel Guzman King.

Motion carried unanimously.

II.

Minutes to be Approved

1. June 21, 2023 LOC Meeting Minutes

Motion by Jennifer Webster to approve the June 21, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion

carried unanimously.

III.

Current Business

1. Clean Air Policy Amendments

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

Clean Air Policy amendments; seconded by Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions

V.

Additions

VI.

Administrative Items

VII.

Executive Session

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

Legislative Operating Committee Meeting Minutes of July 10, 2023

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VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:09 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of July 10, 2023

Page 2 of 2

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Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

July 18, 2023

Oneida Personnel Policies and

Procedures Amendments

Submission Date: 2/6/19

LOC Sponsor: Marie Summers

Public Meeting: 1/12/23

Emergency Enacted: 11/24/21, 5/11/22,

11/7/22

Summary: This item was carried over from last term. This request for amendments to the Oneida

Personnel Policies and Procedures was added to the AFL in February 2019. The purpose of the Oneida

Personnel Policies and Procedures is to provide the various procedures and policies governing employee

related matters including recruitment, selection, compensation and benefits, employee relations, safety

and health, rules and regulations, recordkeeping, and privacy and confidentiality. The Nation’s Human

Resources Department requested amendments to the Oneida Personnel Policies and Procedures to

address investigative enforcement. Amendments are being sought to delegate authority to investigators to

put employees on investigative leave (as opposed to just the supervisor of the employee), and discipline

employees. An amendment was also sought so that if terminated, an employee would be ineligible for

employment with the Nation, but may request forgiveness after five (5) years. This item was added to the

AFL in conjunctions with a request for amendments to the Investigative Leave Policy and the Workplace

Violence law. On April 10, 2019, the Oneida Business Committee directed the LOC to complete the

legislative process to remove section IV(A)(5)(n) regarding Trade Back for Cash from the Personnel

Policies and Procedures. On August 18, 2021, the Legislative Operating Committee considered a request

for amendments to the Oneida Personnel Policies and Procedures from the Human Resources Department

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

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

in a tight labor market. The Legislative Operating Committee determined these amendments should be

pursued on an emergency basis for the immediate preservation of the general welfare of the Reservation

population. The Oneida Business Committee adopted emergency amendments to the Oneida Personnel

Policies and Procedures to address the selection policies on November 24, 2021, through the adoption of

resolution BC-11-24-21-A. The emergency amendments will expire on May 24, 2022. The Oneida Business

Committee adopted additional emergency amendments to the Oneida Personnel Policies and Procedures

to clarify inconsistencies that arose as a result of the last emergency amendments on May 11, 2022,

through the adoption of resolution BC-05-11-22-A. The emergency amendments will now expire on

November 11, 2022. The Oneida Business Committee extended the emergency amendments to the Oneida

Personnel Policies and Procedures for an additional six (6) month period on November 7, 2022, through

the adoption of resolution BC-11-07-22-A. The emergency amendments to the Oneida Personnel Policies

and Procedures will now expire on May 11, 2023.

10/7/20 LOC: Motion by Jennifer Webster to add the Oneida Personnel Policies and Procedures

Amendments to the Active Files List with Marie Summers as the sponsor; seconded by Kirby

Metoxen. Motion carried unanimously.

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8/18/21 LOC: Motion by Marie Summers to accept the information provided in the request [request for

amendments to the Oneida Personnel Policies and Procedures to address the revision of the

HRD Manager Title] as FYI; seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Marie Summers to accept for emergency LOC process [request for amendments to

the Oneida Personnel Policies and Procedures to address the selection process] with Marie

Summers as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.

9/13/21:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Clorissa N. Santiago, Carmen

Vanlanen, Geraldine Danforth, Todd Vandenheuvel, Barbara Kolitsch, Josh Cottrell, Nic

Reynolds, Wendy Alvarez, Kristal Hill, Matt Denny, Rhiannon Metoxen, Melinda K.

Danforth, Rita Reiter. This was a work meeting held through Microsoft Teams. The purpose

of this work meeting was to review and discuss the proposed emergency amendments to the

Oneida Personnel Policies and Procedures submitted by the HRD Department.

9/15/21:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Kirby

Metoxen, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Rhiannon Metoxen,

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

work meeting was to review and discuss the proposed emergency amendments to the Oneida

Personnel Policies and Procedures submitted by the HRD Department.

10/12/21:

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

Summers, Clorissa N. Santiago, Carmen Vanlanen, Rhiannon Metoxen, Kristal Hill, Todd

Vandenheuvel, Josh Cottrell, Nic Reynolds, Wendy Alvarez, Matt Denny, Melinda K.

Danforth, Rita Reiter. This was a work meeting held through Microsoft Teams. The purpose

of this work meeting was to review and discuss with HRD the LOC’s proposed emergency

amendments to the Oneida Personnel Policies and Procedures.

10/18/21:

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

Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Todd Vandenheuvel, Josh

Cottrell, Wendy Alvarez, Matt Denny, Rita Reiter. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to continue reviewing and discussing

with HRD the LOC’s proposed emergency amendments to the Oneida Personnel Policies and

Procedures.

10/21/21:

Work Meeting. Present: Clorissa N. Santiago, Carmen Vanlanen, Wendy Alvarez. This was a

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

on clarifying the internal job posting section of the Personnel Policies and Procedures.

10/25/21:

Work Meeting. Present: Daniel Guzman King, Jennifer Webster, Marie Summers, Clorissa N.

Santiago, Carmen Vanlanen, Kristal Hill, Todd Vandenheuvel, Josh Cottrell, Wendy Alvarez,

Dana Thyssen, Lucy Neville, Nic Reynolds. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to review an updated draft of the proposed

emergency amendments to the Oneida Personnel Policies and Procedures.

11/4/21:

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

Webster, Marie Summers, Lisa Liggins, Brandon Yellowbird Stevens, Tehassi Hill, Cristina

Danforth, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen, Todd

Vandenheuvel, Lucy Neville, Nic Reynolds, Rita Reiter, and Matthew Denny. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting with the

officers of the Oneida Business Committee and Human Resources Department was to discuss

the potential for emergency amendments to the Oneida Personnel Policies and Procedures and

whether the emergency legislation standard provided in the LPA has been met.

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

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11/9/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill.

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

was to review the updated proposed emergency amendments.

11/17/21 LOC: Motion by Kirby Metoxen to approve Oneida Personnel Policies and Procedures emergency

amendments adoption packet and forward to the Oneida Business Committee for

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

11/24/21 OBC: Motion by Brandon Stevens to adopt resolution 11-24-21-A Emergency Amendments to the

Oneida Personnel Policies and Procedures - Selection Policy, seconded by Lisa Liggins.

Motion carried.

11/30/21:

Work Meeting. Present: Clorissa N. Santiago, Todd Vandenheuvel, Matthew Denny. This was

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

discuss some questions HRD had on the implementation of the emergency amendments.

12/15/21:

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

Summers, Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen. This was a work meeting

held through Microsoft Teams. The purpose of this work meeting was to discuss a strategy on

how to move forward the permanent adoption of amendments to this Law.

2/21/22:

Work Meeting. Present: Clorissa N. Santiago, Todd Vandenheuvel. This was a work meeting

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

purpose of next Thursday’s work meeting between the LOC and HRD.

2/24/22:

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

Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen, Todd

Vandenheuvel, Nic Reynolds, Matthew Denny, Josh Cottrell, Wendy Alvarez. This was a

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

discussions on a potential plan for permanent amendments to the Oneida Personnel Policies

and Procedures. The LOC and HRD discussed and began determining a ranking of potential

issues to be amended in the Oneida Personnel Policies and Procedures to be addressed through

phased amendments.

4/20/22:

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

Webster, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss a plan for brining minor

additional emergency amendments to the Oneida Personnel Policies and Procedures to the

May 4, 2022, LOC meeting.

5/4/22 LOC:

Motion by Marie Summers to approve the Oneida Personnel Policies and Procedures

emergency amendments adoption packet and forward to the Oneida Business Committee for

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

5/11/22 OBC: Motion by Jennifer Webster to adopt resolution entitled 05-11-22-A Additional Emergency

Amendments to the Oneida Personnel Policies and Procedures - Selection Policy, seconded

by Lisa Liggins. Motion carried.

6/8/22 OBC:

Motion by Kirby Metoxen to support the designation of June 19 as an Oneida Nation paid

holiday for the Juneteenth National Independence Day and forward to the Legislative

Operating Committee for review, seconded by David P. Jordan. Motion carried.

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

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6/15/22 LOC: Motion by Kirby Metoxen to accept the request as information to be discussed during the

current development of amendments to the Oneida Personnel Policies and Procedures;

seconded by Jennifer Webster. Motion carried unanimously.

7/15/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Clorissa N. Santiago, Kristal

Hill, Todd Vandenheuvel, Nic Reynolds, Matthew Denny, Wendy Alvarez, Grace Elliot,

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

work meeting was to review two options for how to approach the permanent amendments to

the Oneida Personnel Policies and Procedures.

8/31/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Clorissa N.

Santiago, Todd Vandenheuvel, Nic Reynolds, Matthew Denny, Wendy Alvarez, Josh Cottrell,

Whitney Wheelock, Grace Elliott, Carolyn Salutz, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to continue the

discussion of permanent amendments to the Oneida Personnel Policies and Procedures and

identify other areas within the law that should be amended in addition to Section III.

10/19/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Kirby

Metoxen, Marie Cornelius, Clorissa N. Leeman, Todd Vandenheuvel, Nic Reynolds, Matthew

Denny, Wendy Alvarez, Josh Cottrell, Whitney Wheelock, Grace Elliott, Carolyn Salutz,

Rhiannon Metoxen, Kristal Hill. This was a work meeting held through Microsoft Teams. The

purpose of this work meeting was to review the draft of proposed permanent amendments to

the Oneida Personnel Policies and Procedures.

11/2/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Clorissa N. Leeman, Todd

Vandenheuvel, Nic Reynolds, Matthew Denny, Wendy Alvarez, Josh Cottrell, Whitney

Wheelock, Grace Elliott, Carolyn Salutz, Rhiannon Metoxen, Kristal Hill. This was a work

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

reviewing the draft of proposed permanent amendments to the Oneida Personnel Policies and

Procedures.

11/3/22:

E-Poll Conducted. This e-poll was titled, “Extension of the Emergency Amendments to the

Oneida Personnel Policies and Procedures.” The requested action of this e-poll was to approve

the Oneida Personnel Policies and Procedures emergency amendments extension packet and

forward to the Oneida Business Committee for consideration. This e-poll was approved by

David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster, and Daniel Guzman

King.

11/7/22:

OBC E-Poll Conducted. This e-poll was titled, “Adopt the resolution entitled Extension of the

Emergency Amendments to the Oneida Personnel Policies and Procedures.” The requested

action of this e-poll was to adopt the resolution entitled, Extension of the Emergency

Amendments to the Oneida Personnel Policies and Procedures. This e-poll was approved by

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster.

11/23/22:

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

King, Clorissa N. Leeman, Todd Vandenheuvel, Matthew Denny, Josh Cottrell, Whitney

Wheelock, Grace Elliott, Carolyn Salutz. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to review the updated draft of proposed

permanent amendments to the Oneida Personnel Policies and Procedures.

12/1/22:

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

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

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

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potential timelines for bringing the proposed amendments to the General Tribal Council for

consideration.

12/7/22 LOC: Motion by Jennifer Webster to approve the draft of the Oneida Personnel Policies and

Procedures amendments, the legislative analysis, and the public meeting notice with updated

date, and forward the Oneida Personnel Policies and Procedures amendments to a public

meeting to be held on January 12, 2023; seconded by Daniel Guzman King. Motion carried

unanimously.

Motion by Marie Cornelius to enter into the record the results of the November 3, 2022, epoll entitled, Extension of the Emergency Amendments to the Oneida Personnel Policies and

Procedures; seconded by Jennifer Webster. Motion carried unanimously.

1/12/23:

Public Meeting Held. Present: Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace

Elliott, Bonnie Pigman, Microsoft Teams: Daniel Guzman King, Terri Schiltz, Nicholas

Metoxen, Whitney Wheelock, Rita Reiter, Lora Danforth. Stefanie Reinke, Wendy Alvarez,

Laurel Meyerspooner, Peggy Van Gheem, Tina Jorgensen, Chad Fuss, Sidney White, Louise

Cornelius, Kelly McAndrews, Lori Metoxen, Laura Laitinen-Warren, Karen Smith, Kathe

Cornelius, Artley Skenandore, Michelle Hill, Melanie Burkhart, Michelle Tipple, Jessica

Vandekamp, Kelly Skenandore-Holtz, Reynold Danforth, Henrietta Cornelius, Racquel Hill,

Gregory Matson, Lavina Cornelius, Lisa Rauschenbach, Grace Delgado, Mark Powless, Eric

Boulanger, Matthew J. Denny, Debra Santiago, Kara Melchert, Debra Danforth, Lori Hill,

Kristal Hill, Carrie Lindsey, Todd Vanden Heuvel, Trina Schuyler, Gunladunt Webster,

Sharon Mousseau, Monica Doxtator, Michelle Braaten, Mari Kriescher, Kristen JorgensonDann, Joy Salzwedel, Michelle Demmin, Lucy Neville, Danielle White, Mary Graves. The

public meeting for the proposed amendments to the Oneida Personnel Policies and Procedures

was held in person in the Norbert Hill Center and on Microsoft Teams. Seven (7) individuals

provided public comment during the public meeting.

1/19/23:

Public Comment Period Closed. Fourteen (14) submissions of written comments were

received during the public comment period.

3/1/23 LOC:

Motion by Marie Cornelius to accept the public comments and the public comment review

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

Webster. Motion carried unanimously.

3/1/23:

Work Meeting. Present: Kirby Metoxen, Marie Cornelius, Daniel Guzman King, Clorissa N.

Leeman, Grace Elliott, Carolyn Salutz. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to review and consider the public comments

received.

3/9/23:

Work Meeting. Present: Kirby Metoxen, Marie Cornelius, Daniel Guzman King, Jennifer

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

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

reviewing and considering the public comments received.

3/15/23:

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

King, Jennifer Webster, Clorissa N. Leeman, Grace Elliott, Kristal Hill. This was a work

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

reviewing and considering the public comments received.

3/23/23:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Jennifer Webster, Clorissa N.

Leeman, Grace Elliott, Kristal Hill. This was a work meeting held through Microsoft Teams.

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

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The purpose of this work meeting was to continue reviewing and considering the public

comments received.

3/30/23:

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

Leeman, Grace Elliott, Kristal Hill. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to finish reviewing and considering the public

comments received.

5/11/23:

Expiration of Emergency. The emergency amendments to the Oneida Personnel Policies and

Procedures expired on May 11, 2023.

Next Steps:

 Accept the updated public comment review memorandum.

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

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Oneida Nation

HANDOUT

TO:

FROM:

DATE:

RE:

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

"'

=DODDOO

ONEIDA

Legislative Operating Committee (LOC)

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

July 18, 2023

Oneida Personnel Policies and Procedures Amendments: Public Comment Review

with LOC Consideration

On January 12, 2023, a public meeting was held regarding the proposed amendments to the Oneida

Personnel Policies and Procedures (“the Law”). The public comment period was then held open

until January 19, 2023.

The Legislative Operating Committee held work meetings on the following dates to review and

consider all public comments received:

 March 1, 2023;

 March 9, 2023;

 March 15, 2023;

 March 23, 2023; and

 March 30, 2023.

This memorandum is submitted as the Legislative Operating Committee’s review and

consideration of the comments received during the public meeting and public comment period.

Ultimately, based on the public comments received, the Legislative Operating Committee

determined that the proposed amendments to the Oneida Personnel Policies and Procedures needs

further drafting and collaboration with affected entities before this legislative proposal can proceed

forward in the legislative process.

Comments 1 through 5 – Definition of Immediate Family:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

2.

Funeral Leave (Work Standard, 8-2-11)

a.

All regular employees will be given a five (5) day leave without loss of

pay for funeral services for immediate family. Immediate family includes:

Husband

Mother

Brother

Great-grandparent

Wife

Father

Sister

Great-grandchildren

Mother-in-law

Son

Grandparents

Spouse’s great-grandparents

Father-in-law Daughter

Grandchild

Spouse’s grandparents

Daughter-in-law

Sister-in-law Brother-in-law

b.

Five (5) day leave for other persons will be given only if the employee

is responsible for making funeral arrangements, subject to prior approval of

supervisor.

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c.

All other funeral leave will be limited to three (3) hours with pay subject

to the notification and approval of the immediate supervisor.

Tina Jorgensen (oral): Tina Jorgensen. I have a couple of questions and then two comments. I

want to know, well one of, one thing that is not included in the current Personnel Policies and

Procedures for immediate family definition does not include aunt and uncle. And I believe that as

an important part of our families. So, I feel this should be added to the Personnel Policies and

Procedures.

Tina Jorgensen (written): Funeral leave – Aunts and uncles are considered with high regard in

families and play a role in a child’s life traditionally. Aunt and Uncle should be added to the

immediate family list for funeral leave.

Lisa Rauschenbach (written): Other Changes: Aunt/Uncle should be included in immediate

family. It should also be clear if step-children, grand-children and parents are included in the

immediate family.

Mark Powless (written):

726 a. All regular employees will be given a three (3five (5) day leave without loss of pay for

727 funeral services for immediate family. Immediate family includes:

728 Husband Mother Brother Great-grandparent

729 Wife Father Sister Great-grandchildren

730 Mother-in-law Son Grandparent Spouse’s great-grandparents

731 Father-in-law Daughter Grandchild Spouse’s grandparents

732 Daughter-in-law Sister-in-law Brother-in-law

• Extend the definition of ‘immediate family’ to include Aunts and Uncles

Jessica Vandekamp (written): 3. Funeral Leave

• Add other relationships, such as; step-, adopted, civil unions, life partner.

Response

The commenters requests that the definition for “immediate family” included in section IV.D.2.a

of the Law be expanded.

Currently, the Law discusses immediate family in regard to funeral leave, and provides that all

regular employees will be given a five (5) day leave without loss of pay for funeral services for

immediate family, which includes the following individuals:

 Husband;

 Wife;

 Mother ;

 Father;

 Brother;

 Sister;

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Son;

Daughter;

Grandparent;

Great-grandparent;

Grandchild;

Great-grandchild;

Mother-in-law;

Father-in-law;

Daughter-in-law;

Son-in-law;

Sister-in-law;

Brother-in-law;

Spouse’s grandparents; and

Spouse’s great-grandparents.

The Legislative Operating Committee may make one of the following considerations in regard to

these comments:

1. The definition of immediate family as provided for in section IV.D.2.a of the Law shall

remain as currently drafted.

2. The definition of immediate family as provided for in section IV.D.2.a of the Law should

be expanded. The Legislative Operating Committee will need to determine how to expand

the definition of immediate family, and whether it should include aunts or uncles, stepfamily, or life partners.

LOC Consideration

The Legislative Operating Committee determined that the definition of immediate family as

provided for in section IV.D.2.a of the Law should be expanded to include aunts or uncles in

recognition of unique family structures of tribal families.

Comments 6 through 9 – Support of Funeral Leave Provisions:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

2.

Funeral Leave (Work Standard, 8-2-11)

a.

All regular employees will be given a five (5) day leave without loss of

pay for funeral services for immediate family. Immediate family includes:

Husband

Mother

Brother

Great-grandparent

Wife

Father

Sister

Great-grandchildren

Mother-in-law

Son

Grandparents

Spouse’s great-grandparents

Father-in-law Daughter

Grandchild

Spouse’s grandparents

Daughter-in-law

Sister-in-law Brother-in-law

b.

Five (5) day leave for other persons will be given only if the employee

is responsible for making funeral arrangements, subject to prior approval of

supervisor.

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c.

All other funeral leave will be limited to three (3) hours with pay subject

to the notification and approval of the immediate supervisor.

Artley Skenandore (oral): Uh, just a, a statement relative to reading the executive summary. I

did want to acknowledge the a, the bereavement expansion from three (3) to five (5)year, uhh three

(3) days to five (5) days as a, as a very appropriate response to assist in the uh, in the development

of our community overall. And looking across the country, many, many tribal nations are walking

along this same path, and it certainly should be something that the rest of corporate America should

look at relative to offering that opportunity of encouragement to support families. So, I just wanted

to acknowledge that and make mention of uhh, that's a step in the, in a good direction for our

community.

Lisa Rauschenbach (written): Positive Changes: Extending funeral time from 3 days to 5 days.

Jessica Vandekamp (written): 3. Funeral Leave

• Agree with 5 days for immediate family.

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Section IV.D.2., Leaves

The current OPPP allow regular employees a three-day leave of absence upon the death of an

immediate family member or, upon approval of a supervisor, upon the death of other persons if

the employee is responsible for funeral arrangements. (OPPP Section IV.D.2.) The proposed

amendments extend the length of funeral leave in both cases to five days. (OPPP Amendments,

Draft 1, lines 527-536)

In all other circumstances, the current OPPP provide up to one day of funeral leave. (OPPP

IV.D.2.c.) The proposed amendments shorten permissible leave to three hours when the employee

is neither an immediate family member nor responsible for funeral arrangements of the deceased.

(OPPP Amendments, Draft 1, lines 537-538) Proposed changes to the Leaves section of the OPPP

present no legal issues.

Response

Overall, the commenters express support for, or do not identify any issues with, the proposed

amendments to Section IV.D.2. of the Law regarding funeral leave.

There is no action needed by the Legislative Operating Committee based on these comments.

LOC Consideration

The Legislative Operating Committee appreciates the expression of support from the commenters

and agrees there is no action necessary based on these comments.

Comment 10 – Expansion of Funeral Leave for Assisting with a Funeral:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

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2.

Funeral Leave (Work Standard, 8-2-11)

a.

All regular employees will be given a five (5) day leave without loss of

pay for funeral services for immediate family. Immediate family includes:

Husband

Mother

Brother

Great-grandparent

Wife

Father

Sister

Great-grandchildren

Mother-in-law

Son

Grandparents

Spouse’s great-grandparents

Father-in-law Daughter

Grandchild

Spouse’s grandparents

Daughter-in-law

Sister-in-law Brother-in-law

b.

Five (5) day leave for other persons will be given only if the employee

is responsible for making funeral arrangements, subject to prior approval of

supervisor.

c.

All other funeral leave will be limited to three (3) hours with pay subject

to the notification and approval of the immediate supervisor.

Jessica Vandekamp (written): 3. Funeral Leave

• Consider adding: an employee who works the funeral (prepares & serves food, etc.).

Response

The commenter requests that the Legislative Operating Committee consider adding a provision to

the Law that expands the amount of funeral leave provided to an employee who works the funeral,

such as someone who prepares and serves food.

Currently, Section IV.D.2.b of the Law provides that five (5) day leave for persons not the

immediate family of the deceased will be given only if the employee is responsible for making

funeral arrangements, subject to prior approval of supervisor. If not making funeral arrangements

and not a member of the immediate family, section IV.D.2.c of the Law limits paid funeral leave

to three (3) hours.

The Legislative Operating Committee may determine whether the Law should be expanded to

address an employee who is not necessarily responsible for making funeral arrangements for the

deceased, but is still assisting with the funeral in some capacity. The Legislative Operating

Committee may make one of the following considerations in regard to these comments:

1. The provisions on funeral leave as provided for in section IV.D.2 of the Law shall remain

as currently drafted.

2. The provisions on funeral leave as provided for in section IV.D.2 of the Law should be

expanded to address an employee who is not necessarily responsible for making funeral

arrangements for the deceased, but is still assisting with the funeral in some capacity. The

Legislative Operating Committee will need to determine how to address the funeral leave

of an employee who assists with a funeral.

LOC Consideration

The Legislative Operating Committee determined that the provisions on funeral leave as provided

for in section IV.D.2 of the Law should be expanded to address an employee who is not necessarily

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responsible for making funeral arrangements for the deceased, but is still assisting with the funeral

in some capacity. The Legislative Operating Committee discussed that the a supervisor should be

allowed the discretion to expand the three (3) hours to eight (8) hours for an employee is provided

for funeral leave for an individual who is not immediate family if not making funeral arrangements,

but who is still assisting with the funeral in some capacity.

Comments 11 through 12 – Maternity Leave:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

4.

Maternity Leave

a.

Maternity leave will be granted for a period of six (6) weeks without pay.

1)

An employee may elect to cover any portion of this time by using

accumulated sick days.

2)

Any maternity-related absences for longer than six (6) weeks must be

taken as a medical leave of absence.

Jessica Vandekamp (written): 4. Maternity Leave • Add: to allow up to 12 weeks for maternity

leave

Mark Powless (written):

757 4. Maternity Leave

758 a. Maternity leave will be granted for a period of six (6) weeks without pay.

759 1) An employee may elect to cover any portion of this time by using accumulated

760 sick days.

761 2) Any maternity-related absences for longer than six (6) weeks must be taken as a

762 medical leave of absence.

• To be reflective of our cultural values and high regard for our women and the family unit, provide

paid maternity leave. This will help to reduce stress for our families and allow attention to focus

on the newborn. Our community is our workforce and our workforce is our community.

Response

The commenters requests that the Nation reconsider how maternity leave is addressed in section

IV.D.4.a of the Law. One commenter requests that the leave of six (6) weeks without pay be

extended to twelve (12) weeks. The other commenter requests that maternity leave be paid to better

reflect the Nation’s cultural values and high regard for women and children.

Currently the Law provides that maternity leave will be granted for a period of six (6) weeks

without pay. [OPPP Section IV.D.4.a.]. An employee may elect to cover any portion of this time

by using accumulated sick days. [OPPP Section IV.D.4.a.1.]. Any maternity-related absences for

longer than six (6) weeks must be taken as a medical leave of absence. [OPPP Section IV.D.4.a.2.].

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In the development of these current proposed amendments the Legislative Operating Committee

did not consider whether maternity leave should be addressed or revised. The Legislative

Operating Committee may make one of the following considerations:

1. Section IV.D.4.a of the Law shall remain as currently drafted with maternity leave granted

for a period of six (6) weeks without pay.

2. Section IV.D.4.a of the Law should be revised updated to address how the Nation handles

maternity leave. The Legislative Operating Committee may consider whether to expand

the time allowed for maternity leave, or provide that maternity leave be paid instead of

unpaid.

LOC Consideration

The Legislative Operating Committee had great discussion and ultimately determined that they

would support exploring the Nation providing a paid maternity leave of twelve (12) weeks for

mothers, and even some paternity leave for fathers. The Legislative Operating Committee agrees

that families are of the utmost importance to the Nation, and the time between a newborn child

and its parents should be respected and encouraged. The Legislative Operating Committee

understands that providing paid maternity leave would potentially have large fiscal effects, and

therefore determined additional research and collaboration with Finance would be necessary to

determine potential options for addressing paid maternity leave for the Nation.

Comments 13 through 16 – Indian Preference and the Haudenosaunee Community:

SECTION III – SELECTION POLICY

A.

ONEIDA PREFERENCE AND INDIAN PREFERENCE STATEMENT OF

POLICY

The Oneida Nation is an equal employment opportunity employer and follows nondiscriminatory policies and procedures in personnel decisions. The Oneida Nation exists to

serve the needs of the Oneida people and therefore accords Oneida Preference to enrolled

members of the Oneida Nation where such preference is not otherwise prohibited. All

General Managers and top administrative positions, as defined by HRD in a standard

operating procedure, shall be held by enrolled members of the Oneida Nation. In all other

instances, the Nation applies the following priorities of Indian Preference in staffing

decisions:

1

Enrolled members of the Oneida Nation;

2

Individuals eligible for enrollment in the Oneida Nation;

3

Documented first generation descendants of the Oneida Nation;

4

Members or descendants of a federally recognized tribe;

5

Other (non-Indian).

B.

HIRING PROCEDURE

1

Statement of Policy

a.

The Oneida Nation is an equal employment opportunity employer and

follows nondiscriminatory policies in hiring.

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b.

The Oneida Nation is a firm advocate of the 1964 Civil Rights Act (as

amended) and the 1968 Indian Civil Rights Act (as amended) and will make

every effort to ensure compliance with each Act; however:

c.

The Oneida Nation follows the principles of Indian Preference in the

implementation of hiring practices (see the Oneida Preference and Indian

Preference Statement of Policy).

Tina Jorgensen (oral): And I'd like somewhere I don't know if it's an Indian preference law,

probably. But we have a large community of members that are not Oneida or not considered

Oneida enrolled because they live in Canada. And they could be interested in applying for our

positions, specifically in Cultural Heritage, and I'd like for somehow Haudenosaunee communities

or community members to be considered as part of our Indian preference. Currently, we only can

post Oneida enrolled only or not. And I would like Oneida enrolled only at least to include those

communities, or have the ability to post for those to include those communities. Those are my

questions and comments.

Tina Jorgensen (written): Please include the following in the comments for the proposed law

amendments of the Personnel Policies and Procedures.

Section III – Selection Policy

• Currently, you can post for Oneida enrolled only or open to all. I would like to add the following

categories:

o Six Nations tribal members or Haudenosaunee or Confederacy something to that effect

o All enrolled tribal members from a federally recognized tribe.

Tina Jorgensen (written): Additionally, I think our Oneida family members in Canada that are

not considered “federally recognized” should be considered eligible for enrollment and listed

somewhere or defined in the policies.

Mark Powless (written): Line Specific Comments

253 The Oneida Nation exists to serve the needs of the Oneida people and

254 therefore accords Oneida Preference to enrolled members of the Oneida Nation

255 Members where such preference is not otherwise prohibited.

• Extend Oneida Preference to all members of the Haudenosaunee. We have a shared

history, culture, and family lines. Our ancestors took great measures to preserve the unity

of the Haudenosaunee. Our hiring practices should reflect who we are as a people.

Response

The commenters express a desire to have the Legislative Operating Committee reconsider the

Nation’s Indian Preference in staffing decisions to be more inclusive of all members of the

Haudenosaunee.

The Law provides that the Nation applies the following priorities of Indian Preference in staffing

decisions:

1. Enrolled members of the Oneida Nation;

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2.

3.

4.

5.

Individuals eligible for enrollment in the Oneida Nation;

Documented first generation descendants of the Oneida Nation;

Members or descendants of a federally recognized tribe;

Other (non-Indian). [OPPP Section III.A].

Enrolled members of the Oneida Nation receive the highest level of preference, while members or

descendants of other federally recognized tribes receive preference just above other non-Indians.

Members of Haudenosaunee nations – such as the Mohawk, Onondaga, Cayuga, Seneca and

Tuscarora – would currently be considered in the “members or descendants of a federally

recognized tribe” category of preference. The commenters first look for consideration from the

Legislative Operating Committee that general Indian Preference in staffing be revised so that all

members of Haudenosaunee be provided the same preference as enrolled members of the Oneida

Nation.

The commenters also look specifically at how job postings are made within the Nation and suggest

that the process be revised to better include all members of the Haudenosaunee. Originally the

Law provided that unless otherwise prohibited by external grant source or federal law, the first

posting for a position vacancy shall be limited to enrolled Oneida members and shall be posted for

a minimum of seven (7) calendar days, while the second posting for a position vacancy shall be

posted for a minimum of ten (10) calendar days and shall be open to the general public, unless the

position must be filled by an enrolled Oneida Nation member. To improve the Nation’s hiring

capacity and service delivery in the tight labor markets that resulted from the COVID-19 pandemic

the Oneida Business Committee adopted emergency amendments to the Law through resolution

BC-11-24-21-A which eliminated the requirement that a position vacancy be posted twice with the

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

general public and required instead that applicants who are enrolled members of the Oneida Nation

be screened and interviewed prior to any other applicants.

The proposed amendments to the Law eliminate much of the process and procedures currently

contained in the law regarding the hiring and selection process, and instead provides that the HRD

Office shall be delegated rulemaking authority in accordance with the Administrative Rulemaking

law to develop rules regarding procedures for the hiring and selection of employees of the Nation.

[Section III(B)(2)(c)]. Utilizing the Administrative Rulemaking law for the promulgation of rules

regarding the hiring and selection process instead of including this information in the law itself

provides greater flexibility to the Human Resources Department to develop rules that best meet

the needs of the Nation in its current circumstances. These rules could address how postings are

made to better include all members of Haudenosaunee.

The Legislative Operating Committee may make one of the following considerations in regard to

these comments:

1. The priorities of Indian Preference in staffing decisions as provided in Section III.A of the

Law shall remain as currently drafted.

2. The priorities of Indian Preference in staffing decisions as provided in Section III.A of the

Law should be revised to be more inclusive of all members of the Haudenosaunee. The

Legislative Operating Committee may consider whether all members of the

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Haudenosaunee should receive the same level of preference as members of the Oneida

Nation, or how preference is utilized in the postings of vacant job positions.

LOC Consideration

The Legislative Operating Committee determined that the Indian Preference in staffing decisions

as provided in Section III.A of the Law should be revised to be more inclusive of all members of

the Haudenosaunee. The Legislative Operating Committee discussed that the new levels for Indian

Preference in staffing should be:

1. Enrolled members of the Nation;

2. Individuals eligible for enrollment in the Nation;

3. Documented first generation descendants of the Nation;

4. Documented members of the Haudenosaunee;

5. Members or descendants of other federally recognized tribes; and

6. Others (non-Indians).

The Legislative Operating Committee determined that the Human Resources Department will need

to develop a standard operating procedures which provides how documented membership in the

Haudenosaunee is verified.

Comment 17 – Removal of the Wage Deduction for Probationary Employees:

SECTION III – SELECTION POLICY

D.

ORIGINAL PROBATION

The first three (3) months after an employee's starting date after being hired, transferred,

or reassigned shall be considered a period of probation. At the end of six (6) weeks, the

employee's performance shall be reviewed with them by the supervisor by completing an

employee evaluation. At the end of the three (3) month probation period, a second

performance evaluation shall be conducted. This evaluation shall recommend the end of

probation and regular status for the employee, an extension of probation, or termination for

cause.

1.

Status as a Probationary Employee

a.

Probationary employees shall accrue vacation and personal days

during the probation period and shall receive holiday pay.

b.

Probationary employees may be terminated for cause at any time

during the probation period. Cause shall consist of a violation of policies or

the documented inability of the employee to perform the duties and

responsibilities of the position.

c.

Termination of an employee for cause during their original

probationary period shall not be subject to appeal.

Michelle Tipple (oral): And then the second comment is I support removing the wage deduction

from probationary employees because of the challenge in recruiting right now for our workforce.

Thank you.

Response

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The commenter expresses support for the removal of the wage deduction for probationary

employees. Previously, the Law provided that probationary employees will be paid at five percent

(5%) below the posted pay rate for the position and that new employees hired under a negotiated

salary will receive a salary one step below the agreed upon salary during the probationary period.

To improve the Nation’s hiring capacity and service delivery in the tight labor markets that resulted

from the COVID-19 pandemic the Oneida Business Committee adopted emergency amendments

to the Law through resolution BC-11-24-21-A which removed the provision that provided

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

The proposed amendments to the Law remove this provision on a permanent basis.

There is no action or consideration needed by the Legislative Operating Committee based on this

comment.

LOC Consideration

The Legislative Operating Committee appreciates the expression of support, and agrees there is no

revision to the Law needed based on this comment.

Comments 18 through 21 – Non-Payment of Personal and Vacation time for a Probationary

Employee:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

h.

Upon termination from Oneida Nation employment, employees will be paid

for any unused personal and/or vacation days.

1)

Employees who have used the Oneida Nation-sponsored loan program

will be required to honor the terms of the loan agreement.

2)

Employees who are terminated during their original probation period

shall not be paid for any unused accrued vacation or personal days in their

final paycheck.

Wendy Alvarez (written): Line 661 If an employee quits in the first 90 days do they received

PTO payout? If so, can they add “Employees who resign or are terminated during …..”

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Section IV.A.5.,

Vacation/Personal Days

The current OPPP provides that all employees are paid out for unused personal and vacation time

upon separation from employment. (OPPP Section IV.A.5.h.) The proposed amendments disallow

payout of personal or vacation time to employees “who are terminated during their original

probation period.” (OPPP Amendments, Draft 1, lines 463-464) The amendments do not

distinguish between probationary employees who are “terminated” and those who are separated

for other reasons, such as a quit. It is unclear whether the word “terminated” is used to mean any

separation of a probationary employee from their employment or if it means, very specifically,

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termination. This should be clarified, perhaps through use of the word “separated” in place of

“terminated.”

Lisa Duff on behalf of Gaming Senior Management (written): 4) Clarify the statement to

include separations (e.g., quit, job abandonment, etc.).

661 2) Employees who are terminated during their original probation period shall not 662

be paid for any unused accrued vacation or personal days in their final paycheck

Shannon Stone (written): Accrued Personal and Vacation time: Lines 661 and 662 state,

Employees who are terminated during their original probation period shall not be paid for any

unused accrued vacation or personal days in their final paycheck.

I don’t understand the need to not pay a terminated employee the compensation they earned. This

seems contrary to our values and promotes an undesired behavior of not saving time off for

emergencies. This could create an economic problem in the future if an employee is injured or sick

but is always keeping their accrual balance at or near zero, and therefore has no safety net to get

through the emergency.

Response

One commenter questions whether an employee who resigns during their original probation period

receives pay for any unused accrued vacation or personal time.

Previously, the Law provided that employees who are terminated during the probation period will

receive credit for accrued vacation/personal days in their final paycheck. To improve the Nation’s

hiring capacity and service delivery in the tight labor markets that resulted from the COVID-19

pandemic the Oneida Business Committee adopted emergency amendments to the Law through

resolution BC-11-24-21-A which eliminated Section III.D.3.b which stated that employees who

are terminated during the probationary period will receive credit for accrued vacation/personal

days in their final paycheck. Then additional emergency amendments to the Law were made

through resolution BC-05-11-22-A to clarify an inconsistency that was erroneously made with

Section IV.A.5.h with the prior emergency amendments. Section IV.A.5.h of the Oneida Personnel

Policies and Procedures stated that upon termination from Oneida Nation employment, employees

will be paid for any unused personal and/or vacation days. This additional emergency amendment

clarified that employees who are terminated during their original probation period shall not be paid

for any unused accrued vacation or personal days in their final paycheck. [Section IV.A.5.h.2].

The proposed emergency amendments to the Law now provide in section IV.A.5.h.2 of the Law

that employees who are terminated during their original probation period shall not be paid for any

unused accrued vacation or personal days in their final paycheck. The intent behind this provisions

was that an employee should only be eligible to receive credit for any vacation or personal time

accrued once they make it beyond their probationary status and become a regular employee of the

Nation. To better reflect the original intent of this provision of the Law the following revision is

recommended:

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SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

h.

Upon resignation, separation, or termination from Oneida Nation employment,

employees will be paid for any unused personal and/or vacation days.

1)

Employees who have used the Oneida Nation-sponsored loan program will

be required to honor the terms of the loan agreement.

2)

Employees who are separated or terminated, or resign during their original

probation period shall not be paid for any unused accrued vacation or personal days

in their final paycheck.

The other commenter expresses concern that it is poor practice to not pay a terminated employee

the compensation they earned as this seems contrary to our values and promotes an undesired

behavior of not saving time off for emergencies. It is important to note that section IV.A.5.h.2 of

the Law provides that employees who are terminated during their original probation period shall

not be paid for any unused accrued vacation or personal days in their final paycheck. So if an

employee makes it beyond their probationary period then section IV.A.5.h of the Law provides

that the employee is indeed paid out for their unused personal and vacation time.

LOC Consideration

The Legislative Operating Committee determined the following revision to the Law should be

made based on these comments:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

h.

Upon separation or termination from Oneida Nation employment, employees will

be paid for any unused personal and/or vacation days.

1)

Employees who have used the Oneida Nation-sponsored loan program will

be required to honor the terms of the loan agreement.

2)

Employees who are separated or terminated during their original probation

period shall not be paid for any unused accrued vacation or personal days in their

final paycheck.

Comment 22 – Additional Duties Compensation:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

o. Additional Duties Compensation

Wendy Alvarez (written): Line 708 Additional Duties, there is nothing written. Should the Work

Standard be referend?

Response

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The commenter points out that section IV.A.5.o of the Law is titled “Additional Duties

Compensation” but does not contain any additional information as to what this may refer to. It is

recommended that the Legislative Operating Committee review and clarify this provision of the

Law to see if this line should be deleted, expanded, or if a work standard needs to be referenced.

LOC Consideration

The Legislative Operating Committee determined that it will be necessary to reach out to the

Human Resources Department to determine if there is additional documentation that addresses

compensation for additional duties. The Legislative Operating Committee also determined that

then this issue should be addressed or defined in the Law.

Comment 23 – Meeting Attendance Organized under Leaves:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

1.

Meeting Attendance

a.

Approval for attending any meetings inside normal working hours

must be approved in advance by the employee's immediate supervisor. (BC

Action, 5-16-89)

b.

Employees who receive stipends or honoraria in excess of $50.00 for

attending meetings during working hours will forfeit the amount in excess of

$50.00 from their regular paycheck. Stipends for travel or per diem will not

be deducted if accompanied by receipts for such expenses.

c.

Stipends or honoraria for intra-tribal meetings during normal working

hours will results in the employee's paycheck being reduced by the full amount

of the stipend.

Wendy Alvarez (written): Line 715 to 724 Meeting attendance – is this the correct place under

leaves?

Response

The commenter questions whether the Meeting Attendance provisions found in section IV.D.1 of

the Law is organized in the right place within the Law.

Section IV.D.1 of the Law discusses the procedures to be followed if an employee requests leave

from work to attend a meeting with an outside organization during their normal working hours.

Approval for attending any meetings during normal working hours must be approved in advance

by the employee's immediate supervisor. [OPPP section IV.D.1.a]. The Law then governs how

stipends or honoraria for attending these outside meetings is handled. Employees who receive

stipends or honoraria in excess of fifty dollars ($50) for attending meetings during working hours

will forfeit the amount in excess of fifty dollars ($50) from their regular paycheck, but stipends for

travel or per diem will not be deducted if accompanied by receipts for such expenses. [OPPP

section IV.D.1.b]. Stipends or honoraria for intra-tribal meetings during normal working hours will

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results in the employee's paycheck being reduced by the full amount of the stipend. [OPPP section

IV.D.1.c].

Because section IV.D.1 of the Law discusses the procedures to be followed if an employee requests

leave from work to attend a meeting with an outside organization during their normal working

hours, it is appropriately placed under the “Leaves” section of the Law.

LOC Consideration

The Legislative Operating Committee determined that further research should be completed to

determine if there is a better place within the Law that this provision can be organized under.

Comment 24 – Honoraria for Meeting Attendance Leave:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

1.

Meeting Attendance

a.

Approval for attending any meetings inside normal working hours

must be approved in advance by the employee's immediate supervisor. (BC

Action, 5-16-89)

b.

Employees who receive stipends or honoraria in excess of $50.00 for

attending meetings during working hours will forfeit the amount in excess of

$50.00 from their regular paycheck. Stipends for travel or per diem will not

be deducted if accompanied by receipts for such expenses.

c.

Stipends or honoraria for intra-tribal meetings during normal working

hours will results in the employee's paycheck being reduced by the full amount

of the stipend.

Tina Jorgensen (written): Section IV – Compensation and Benefits

• QUESTION regarding meeting attendance: If an employee is going to be paid honorarium for

presenting at a meeting, can they use personal or vacation time to receive the honorarium?

Response

The commenter questions whether an employee can utilize vacation or personal time to take time

off of work to attend a meeting with an outside organization and accept the payment of honorarium

for presenting at that meeting.

The Law governs how stipends or honoraria for attending these outside meetings is handled.

Employees who receive stipends or honoraria in excess of fifty dollars ($50) for attending meetings

during working hours will forfeit the amount in excess of fifty dollars ($50) from their regular

paycheck, but stipends for travel or per diem will not be deducted if accompanied by receipts for

such expenses. [OPPP section IV.D.1.b]. Stipends or honoraria for intra-tribal meetings during

normal working hours will results in the employee's paycheck being reduced by the full amount of

the stipend. [OPPP section IV.D.1.c].

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The Law is not clear on whether utilizing vacation or personal time to take the day off of work,

eliminates the requirement that an employee forfeit any amount in excess of fifty dollars ($50)

from their regular paycheck for attending a meeting with an outside organization during working

hours.

The Legislative Operating Committee should consider clarifying section IV.D.1 of the Law and

the provisions governing the receipt of stipends or honorarium for attending a meeting with an

outside organization during working hours.

LOC Consideration

The Legislative Operating Committee determined that section IV.D.1 of the Law and the

provisions governing the receipt of stipends or honorarium for attending a meeting with an outside

organization during working hours needs further discussion and clarification in the Law. The

Legislative Operating Committee discussed that if an employee takes personal, vacation, or unpaid

time off from work, then the employee should be exempt from the requirement to forfeit any

amount in excess of fifty dollars ($50) from their regular paycheck for attending a meeting with

an outside organization during working hours.

Comments 25 through 26 – Maximum Wage instead of Highest Step:

SECTION V – EMPLOYEE RELATIONS

B.

EVALUATIONS

4. Satisfactory evaluations may result in the employee receiving an increase in pay within

their grade level provided that the employee has not attained the highest step within the

grade.

Wendy Alvarez (written): Line 864 “has not attained the highest step? We do not have steps in

the grades an longer. Change step to wage?

Lisa Duff on behalf of Gaming Senior Management (written): Below are public comments

submitted on behalf of Gaming Senior Management regarding the proposed Oneida Personnel

Polices and Procedures Amendments. The comments are separated in two sections:

• Hiring and Selection

• Complaints, Disciplinary Actions and Grievance Processes

Please contact Louise Cornelius, Gaming General Manager, regarding any questions you may

have. She can be reached at extension 3201 or at lcornel3@oneidanation.org Thank you

Hiring and Selection

1) Remove the following: We do not have steps within grades.

166

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

and

167

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

168

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

169

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

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Response

The commenters provides that section V.B.4 of the Law uses the terminology “highest step,” but

that terminology is no longer used within the Nation.

Section V.B.4 of the Law provides information on evaluations and states that satisfactory

evaluations may result in the employee receiving an increase in pay within their grade level

provided that the employee has not attained the highest step within the grade.

The following revision is recommended to clarify the terminology used in section V.B.4 of the

Law:

SECTION V – EMPLOYEE RELATIONS

B.

EVALUATIONS

4. Satisfactory evaluations may result in the employee receiving an increase in pay within their

grade level provided that the employee has not attained the highest step maximum wage within

the grade.

LOC Consideration

The Legislative Operating Committee determined the following revision should be made to the

Law:

SECTION V – EMPLOYEE RELATIONS

B.

EVALUATIONS

4. Satisfactory evaluations may result in the employee receiving an increase in pay within their

grade level provided that the employee has not attained the highest step maximum wage within

the grade.

Comments 27 through 29 – Career Development:

SECTION V – EMPLOYEE RELATIONS

C.

CAREER DEVELOPMENT

1.

Oneida Nation employees are encouraged to develop their skills and abilities

by pursuing education at a local educational institution. (BC Action, 9-9-92)

a.

Oneida Nation employees must provide a general Career Development

Plan to the supervisor listing the goals and objectives of the training and

education to be undertaken.

2.

Oneida Nation employees may be eligible for assistance for one (1) course per

semester. The employee must attempt to arrange to take the class outside his/her

normal working hours.

a.

Where a class conflicts with the employee’s work schedule, the needs of

the Tribal unit take precedence; however, the supervisor shall attempt to

accommodate the employee’s request.

b.

In no case shall the accommodation exceed actual class hours plus

reasonable travel time.

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c.

Employees must obtain the approval of their immediate supervisor to

take a course on work time.

3.

The supervisor’s approval and estimated cost must be submitted to the HRD

Office, the Area Manager and the General Manager. (HR Interpretation, 12-8-16)

4.

The cost of the books, tuition and fees for the course shall be paid by the Nation

through funds budgeted in programs or through the Higher Education program.

a.

Reimbursement for books, tuition and fees is contingent upon the

employee receiving at least a C (2.0 on a 4.0 point scale).

b.

Employees who receive less than the required grade point will be

required to reimburse the program for whatever costs were incurred.

Wendy Alvarez (written): Line 898to 903 Are we reimbursing for classes? I didn’t think we were

doing this any longer

Mark Powless (written):

880 C. CAREER DEVELOPMENT

881 1. Oneida Nation employees are encouraged to develop their skills and abilities by

882 pursuing education at a local educational institution. (BC Action, 9-9-92)

883 a. Oneida Nation employees must provide a general Career Development Plan to the

884 supervisor listing the goals and objectives of the training and education to be

885 undertaken.

• This process is not followed within the Oneida Nation. Either strike these lines from the Personnel

Policies and Procedures or enforce with all staff. Additionally, these aspects of training and

education should be an emphasis of the Nation but do not have the funding to support. A concerted

effort should be placed on improving our policies, procedures, and funding of employee training

and education.

Mark Powless (written):

886 2. Oneida Nation employees may be eligible for assistance for one (1) course per semester.

887 The employee must attempt to arrange to take the class outside his/her normal working

888 hours.

889 a. Where a class conflicts with the employee’s work schedule, the needs of the Tribal

890 unit take precedence; however, the supervisor shall attempt to accommodate the

891 employee’s request.

892 b. In no case shall the accommodation exceed actual class hours plus reasonable travel

893 time.

894 c. Employees must obtain the approval of their immediate supervisor to take a course

895 on work time.

896 3. The supervisor’s approval and estimated cost must be submitted to the HRD Office, the

897 Area Manager and the General Manager. (HR Interpretation, 12-8-16)

898 4. The cost of the books, tuition and fees for the course shall be paid by the Nation through

899 funds budgeted in programs or through the Higher Education program.

900 a. Reimbursement for books, tuition and fees is contingent upon the employee

901 receiving at least a C (2.0 on a 4.0 point scale).

902 b. Employees who receive less than the required grade point will be required to

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903 reimburse the program for whatever costs were incurred.

• This section is not funded or utilized within the Oneida Nation. Either strike these lines from the

Personnel Policies and Procedures or fund and utilize. If utilizing I refer back to my previous

statement of taking the time to improve our policies, procedures, and funding of employee training

and education. Regarding this specific section I recommend revising to encompass not only a

course, but also a certificate, training or similar program.

Response

The commenters questions whether the Nation still engages in career development practices and

reimbursing for educational classes taken for career development.

Section V.C. of the Law discusses career development. The Law provides that employees of the

Nation are encouraged to develop their skills and abilities by pursuing education at a local

educational institution. [OPPP section V.C.1]. Oneida Nation employees may be eligible for

assistance for one (1) course per semester. [OPPP section V.C.2]. The cost of the books, tuition

and fees for the course shall be paid by the Nation through funds budgeted in programs or through

the Higher Education program. [OPPP section V.C.4]. The Law further provides that

reimbursement for books, tuition, and fees is contingent upon the employee receiving at least a

“C” grade, and that employees who receive less than the required grade point will be required to

reimburse the program for whatever costs were incurred. [OPPP section V.C.4(a)-(b)].

It is recommended that the Legislative Operating Committee review section V.C. of the Law

regarding career development with the Human Resources Department to determine if this practice

is still being utilized within the Nation, or if these provisions need to be removed from the Law.

LOC Consideration

The Legislative Operating Committee determined that section V.C. of the Law regarding career

development should be discussed with the Human Resources Department to determine if this

practice is still being utilized within the Nation, or if these provisions need to be removed from the

Law, so that this provision of the Law can be further clarified.

Comments 30 through 31 – Recordkeeping Requirements:

SECTION VIII – RECORDKEEPING

A. PERSONNEL OFFICE

1.

Basic records to be retained include:

a. Reference Data

b. Job Descriptions

c. Resumes and Applications

d. Interview notes/selection information

e. Resignations

f. Employee tax exemption claims

g.

Disciplinary action information

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h.

Performance evaluations

i.

Insurance coverage/changes

j.

Transfers

2.

The Personnel Office shall keep and maintain a complete record of each

employee throughout his/her term of employment.

a.

Oneida Nation employees shall have access to their employment file.

b.

Employment files kept by the Personnel Office shall be considered

confidential information. Release of any information to a third party must

have the consent of the employee in writing.

Wendy Alvarez (written): Line 1725 What reference data do we retain?

Wendy Alvarez (written): Line 1728 What interview notes/selection information do we retain?

If it is on this list, do we have to retain the records for a specified time period?

Response

The commenter questions what reference data and interview notes/selection information the

Nation retains as referenced in section VIII.A.1.a and section VIII.A.1.d of the Law.

The Legislative Operating Committee did not review or revise section VIII during the development

of these amendments, so it is unknown what specifically “reference data” is being referenced in

section VIII.A.1.a of the Law, or what “interview notes/selection information” is being referenced

in section VIII.A.1.a of the Law other than the ordinary use of the language.

The Legislative Operating Committee may collaborate with the Human Resources Department to

review section VIII.A.1 and determine what records are currently maintained by the Human

Resources Department to adequately capture what the Law should require for recordkeeping.

The commenter also questions how long the Human Resources Department has to retain the

records for. The Nation’s Open Records and Open Meetings law typically requires that all records

be retained at least seven (7) years before destruction. [1 O.C. 107.9-4]. The Open Records and

Open Meetings law then provides that the regulations regarding the storage and protection of

personnel records shall be governed by the Nation’s personnel policies and procedures. [1 O.C.

107.4-3]. Section VIII.A.2 of the Law provides that the Human Resources Department is required

to keep and maintain a complete record of each employee throughout his/her term of employment.

LOC Consideration

The Legislative Operating Committee supports the recommendation that collaboration with the

Human Resources Department is necessary to review section VIII.A.1 and determine what records

are currently maintained by the Human Resources Department so the Law can be revised to

adequately capture what the Law should require for recordkeeping.

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Comments 32 through 33 – Indigenous Peoples’ Day:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

a.

Tribal holidays consist of the following:

1)

One-half Day Christmas Eve

2)

Christmas Day

3)

New Year's Day

4)

Memorial Day

5)

Veteran's Day

6)

Independence Day

7)

Labor Day

8)

Indigenous Peoples’ Day

9)

Thanksgiving Day

10)

Indian Day (day after Thanksgiving)

11)

One-half day Good Friday

12)

Code Talker’s Day (Oneida Day, Friday prior to Memorial Day)

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Section IV, Compensation and

Benefits - Section IV.A.4., Holidays

The proposed amendments establish a new holiday – Indigenous Peoples’ Day – for Oneida

employees. (OPPP Amendments, Draft 1, line 406) In the United States, Indigenous Peoples’ Day

is celebrated on the second Monday of October.

Lisa Rauschenbach (written): Feedback from Comprehensive Housing Staff: Positive Changes:

Indigenous People Day being added as a paid holiday.

Response

The commenters either provide a summary of the proposed amendment to section IV.A.4.a of the

Law, which is the addition of Indigenous Peoples’ Day as a recognized holiday of the Nation, or

express their support of this proposed amendment.

There is no action needed by the Legislative Operating Committee based on these comments.

LOC Consideration

The Legislative Operating Committee appreciates the support, and determined that no revision to

the Law is needed based on this comment.

Comment 34 – Martin Luther King Jr. Day as a Holiday:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

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4.

Holidays (Work Standard, 11-7-14)

a.

Tribal holidays consist of the following:

1)

One-half Day Christmas Eve

2)

Christmas Day

3)

New Year's Day

4)

Memorial Day

5)

Veteran's Day

6)

Independence Day

7)

Labor Day

8)

Indigenous Peoples’ Day

9)

Thanksgiving Day

10)

Indian Day (day after Thanksgiving)

11)

One-half day Good Friday

12)

Code Talker’s Day (Oneida Day, Friday prior to Memorial Day)

Mark Powless (written): 596 a. Tribal holidays consist of the following:

• Add Martin Luther King Jr. Day. MLK Day is a Federal holiday. Many area businesses and

schools close or take time to recognize his accomplishments for people of color.

Response

The commenter requests that Martin Luther King Jr. Day – observed on the third Monday of each

January – be considered as an official holiday of the Nation.

Section IV.A.4.a of the Law provides a list of all the recognized official holidays of the Nation.

The Nation currently recognizes one-half day for Christmas Eve, Christmas Day, New Year's Day,

Memorial Day, Veteran's Day, Independence Day, Labor Day, Thanksgiving Day, Indian Day,

one-half day for Good Friday, and Code Talker’s Day. The proposed amendments to the Law also

include the addition of Indigenous Peoples’ Day.

The Legislative Operating Committee may consider whether Martin Luther King Jr. Day be

included as an official recognized holiday of the Nation. The Legislative Operating Committee

may make one of the following considerations in regard to this comment:

1. Section IV.A.4.a of the Law should remain as currently drafted, and Martin Luther King

Jr. Day should not be included as an official holiday recognized by the Nation.

2. Section IV.A.4.a of the Law should be revised to include Martin Luther King Jr. Day as an

official holiday of the Nation. If the Legislative Operating Committee makes this

determination then the following revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

a.

Tribal holidays consist of the following:

1)

One-half Day Christmas Eve

2)

Christmas Day

3)

New Year's Day

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4)

5)

6)

7)

8)

9)

10)

11)

12)

Day)

13)

Memorial Day

Veteran's Day

Independence Day

Labor Day

Indigenous Peoples’ Day

Thanksgiving Day

Indian Day (day after Thanksgiving)

One-half day Good Friday

Code Talker’s Day (Oneida Day, Friday prior to Memorial

Martin Luther King Jr. Day

LOC Consideration

The Legislative Operating Committee determined that section IV.A.4.a of the Law should remain

as currently drafted, and Martin Luther King Jr. Day should not be included as an official holiday

recognized by the Nation.

Comment 35 – Floating Holidays:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

a.

Tribal holidays consist of the following:

1)

One-half Day Christmas Eve

2)

Christmas Day

3)

New Year's Day

4)

Memorial Day

5)

Veteran's Day

6)

Independence Day

7)

Labor Day

8)

Indigenous Peoples’ Day

9)

Thanksgiving Day

10)

Indian Day (day after Thanksgiving)

11)

One-half day Good Friday

12)

Code Talker’s Day (Oneida Day, Friday prior to Memorial Day)

Jessica Vandekamp (written): 1. Floating Holidays. To propose the Oneida Nation provides up

to two (2) floating holidays to each employee that will substitute up to two (2) current public paid

holidays. This can promote diversity and respect for employees who have different cultures,

religious beliefs, or traditions. The day the employee decides to take off is at their discretion and

approved by the immediate supervisor.

Benefits for Employee:

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1. Allowing employees to celebrate a holiday, religious event or cultural event that has

meaning to them respects individual’s differences. (Ex: Oneida ceremonies, birthdays,

Martin Luther King Jr. Day, Hmong New Year, etc.)

2. Happy employees are productive employees when you allow them to take time off that

matters to them.

Benefits for the Nation:

1. May lower payroll for premium pay when employees choose floating holidays rather

than work public holidays.

2. Scheduling may improve in departments and be more flexible in Enterprises & Gaming.

Policy Considerations:

1. Are not eligible for premium pay.

2. Employee may choose floating holiday(s) at the beginning of each calendar year.

3. Must be scheduled and approved in advance by the employee’s immediate supervisor.

4. Will not carry over to the next calendar year.

5. Cannot be cashed out or paid upon termination of employment.

6. Floating holidays only count towards religious holidays, cultural holidays, employee

birthday, state/federal holiday, wedding anniversary, or special occasion mutually agreed

upon by the employee & supervisor.

Response

The commenter requests that the Legislative Operating Committee consider allowing up to two

(2) floating holidays to each employee that will substitute up to two (2) current paid holidays for

employees of the Nation.

Currently, section IV.A.4.a. of the Law provides a list of all the recognized official holidays of the

Nation. The Nation currently recognizes one-half day for Christmas Eve, Christmas Day, New

Year's Day, Memorial Day, Veteran's Day, Independence Day, Labor Day, Thanksgiving Day,

Indian Day, one-half day for Good Friday, and Code Talker’s Day. The proposed amendments to

the Law also include the addition of Indigenous Peoples’ Day.

The Legislative Operating Committee may consider whether the Law should allow an employee

to substitute up to two (2) official recognized holidays of the Nation for floating holidays that can

be taken on a date mutually agreed upon between the employee and their immediate supervisor.

The Legislative Operating Committee may make one of the following considerations in regard to

this comment:

1. Section IV.A.4.a of the Law should remain as currently drafted.

2. Section IV.A.4.a of the Law should be revised to allow an employee to substitute up to two

(2) official recognized holidays of the Nation for floating holidays that can be taken on a

date mutually agreed upon between the employee and their immediate supervisor. If the

Legislative Operating Committee makes this determination then it is recommended that the

Legislative Operating Committee collaborate with the Human Resources Department to

determine how floating holidays should be addressed and implemented for the Nation. For

example, the use of floating holidays may have different implementation implications for

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different parts of the organization. On the enterprise side of the organization, areas such as

Gaming and Retail are typically open and operational on holidays recognized by the

Nation, so allowing an employee to regularly work on a holiday and instead substitute the

holiday time for a different day may just require administrative tracking. On the program

side of the organization, many of the areas or departments are closed and non-operational

on holidays recognized by the Nation, so allowing an employee to work on a holiday will

need different considerations.

LOC Consideration

The Legislative Operating Committee determined that section IV.A.4.a of the Law should remain

as currently drafted. The Legislative Operating Committee determined that the administrative

difficulties of support a floating holiday would be great, and also determined that a floating holiday

is no different than an additional eight (8) hours of personal or vacation time, and the Nation

already provides a generous amount of personal and vacation time to employees.

Comment 36 – Eligibility for Holiday Pay:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

b.

To be eligible for a paid holiday, employees must work the preceding

and following scheduled work days (except for employees who are on a

prescheduled work leave or an approved extended sick leave.) Employees who

are granted a sick day directly prior to a holiday must certify that they were

capable of working the holiday in order to qualify for a paid holiday.

Mark Powless (written):

610 b. To be eligible for a paid holiday, employees must work the preceding and following

611 scheduled work days (except for employees who are on a prescheduled work leave

612 or an approved extended sick leave.) Employees who are granted a sick day directly

613 prior to a holiday must certify that they were capable of working the holiday in order

614 to qualify for a paid holiday.

• From an administrative perspective this can be cumbersome. Grant the holiday regardless of

whether or not they work the preceding and following scheduled workdays.

Response

The commenter provides that section IV.A.4.b of the Law’s requirement that to be eligible for a

paid holiday, employees must work the preceding and following scheduled work days is

cumbersome from an administrative perspective, and should be simplified and removed.

Section IV.A.4.b of the Law provides that to be eligible for a paid holiday, employees must work

the preceding and following scheduled work days, except for employees who are on a prescheduled

work leave or an approved extended sick leave. The Law then goes on to state that employees who

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are granted a sick day directly prior to a holiday must certify that they were capable of working

the holiday in order to qualify for a paid holiday.

The Legislative Operating Committee may consider whether the requirement to work the

preceding and following scheduled work days in order to be eligible for holiday pay should remain

as a requirement in the Law. The Legislative Operating Committee may make one of the following

considerations in regard to this comment:

1. Section IV.A.4.b of the Law should remain as currently drafted, and an employee should

be required to work the preceding and following scheduled work days in order to be eligible

for holiday pay.

2. Section IV.A.4.b of the Law should be revised to eliminate any administrative burden, and

the requirement that an employee work the preceding and following scheduled work days

in order to be eligible for holiday pay be removed. If the Legislative Operating Committee

makes this determination then the following revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

b.

To be eligible for a paid holiday, employees must work the

preceding and following scheduled work days (except for employees who

are on a prescheduled work leave or an approved extended sick leave.)

Employees who are granted a sick day directly prior to a holiday must

certify that they were capable of working the holiday in order to qualify for

a paid holiday.

LOC Consideration

Ultimately, the Legislative Operating Committee supports that section IV.A.4.b of the Law be

revised to eliminate any administrative burden, and the requirement that an employee work the

preceding and following scheduled work days in order to be eligible for holiday pay be removed.

The Legislative Operating Committee determined that this issue should be brought to Gaming and

Retail for further discussion to determined the potential effects of this decision, and whether

Gaming and Retail need to be treated differently than how the programs are handled.

Comment 37 – Maximum Paid Holiday Hours:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

c.

All regular employees will be given holiday pay for the maximum pay

of eight (8) hours per day.

Mark Powless (written):

615 c. All regular employees will be given holiday pay for the maximum pay of eight (8)

616 hours per day.

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• Grant holiday pay based on the regularly scheduled hours for that position. If an employee works

10-hour shifts, provide holiday pay of 10 hours, when applicable.

Response

The commenter requests that the Legislative Operating Committee consider revising section

IV.A.4.c of the Law, and grant holiday pay based on the regularly scheduled hours for that position.

Section IV.A.4.c of the Law provides that all regular employees will be given holiday pay for the

maximum pay of eight (8) hours per day. The commenter points out that there are some employees

within the Nation that regularly work shifts of more than eight (8) hours.

The Legislative Operating Committee may consider whether the eight (8) hour maximum for

holiday pay should remain in the Law. The Legislative Operating Committee may make one of the

following considerations in regard to this comment:

1. Section IV.A.4.c of the Law should remain as currently drafted, and an employee

employees should only be given holiday pay for the maximum pay of eight (8) hours per

day

2. Section IV.A.4.c of the Law should be revised so that an employee is eligible to receive

holiday pay for all regularly scheduled hours worked during a holiday. If the Legislative

Operating Committee makes this determination then the following revision is

recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

c.

All regular employees will shall be given holiday pay for the hours

worked during a holidaymaximum pay of eight (8) hours per day.

LOC Consideration

The Legislative Operating Committee determined that section IV.A.4.c of the Law should be

revised so that an employee is eligible to receive holiday pay for all regularly scheduled hours

worked during a holiday. The Legislative Operating Committee determined that the following

revision should be made to the Law:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

4.

Holidays (Work Standard, 11-7-14)

c.

All regular employees will shall be given holiday pay for the hours

worked during a holidaymaximum pay of eight (8) hours per day.

The Legislative Operating Committee also determined that Finance, Gaming, and Retail should be

collaborated with regarding this decision to determine any potential impacts that could need further

discussion or consideration.

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Comment 38 – Reduction of the Amount of Accrued Personal and Vacation Time:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5. Vacation/Personal Days

c.

Except as provided for in section g, the accrual of personal days shall

be as follows: (BC Resolution – 4-11-13-F)

1)

0-3 years of service - 6 days per year;

2)

4-7 years of service - 8 days per year;

3)

8-14 years of service - 10 days per year;

4)

15+ years of service - 12 days per year;

d.

Except as provided for in section g, the accrual of vacation days shall

be as follows:

1)

0-3 years of service - 12 days per year

2)

4-7 years of service - 15 days per year;

3)

8-15 years of service - 20 days per year;

4)

15+ years of service - 25 days per year.

Mark Powless (written):

636 c. Except as provided for in section g, the accrual of personal days shall be as follows:

637 (BC Resolution – 4-11-13-F)

638 1) 0-3 years of service - 6 days per year;

639 2) 4-7 years of service - 8 days per year;

640 3) 8-14 years of service - 10 days per year;

641 4) 15+ years of service - 12 days per year;

642 d. Except as provided for in section g, the accrual of vacation days shall be as follows:

643 1) 0-3 years of service - 12 days per year

644 2) 4-7 years of service - 15 days per year;

645 3) 8-15 years of service - 20 days per year;

646 4) 15+ years of service - 25 days per year.

• Start to scale back the accrual of personal and vacation days by eliminating the accruals for 15+

years of service for both personal and vacation. Prior to Trade Back For Cash in 2022 91employees

were maintaining a balance of 250 or more personal/vacation hours. Of those, 73% had 15 or more

years of service. Additionally, employees are gaining an additional holiday (Indigenous People’s

Day) with the approval of these amendments.

Response

The commenter requests that the Legislative Operating Committee consider how the accrual of

personal and vacation time is handled by the Nation and eliminate the additional accrual category

for employees with more than fifteen (15) years of service.

The Law provides that every Oneida Nation employee, except temporary employees, shall be

allowed personal and vacation days with pay to the extent that personal days and vacation are

accumulated. [OPPP Section IV.A.5.a]. The amount of personal and vacations days shall be

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determined by continuous service for the Nation. [OPPP Section IV.A.5.b]. The Law provides the

following for the accrual of personal and vacation time:

 Accrual of Personal Days:

 0-3 years of service - 6 days per year;

 4-7 years of service - 8 days per year;

 8-14 years of service - 10 days per year;

 15+ years of service - 12 days per year;

 Accrual of Vacation Days:

 0-3 years of service - 12 days per year;

 4-7 years of service - 15 days per year;

 8-15 years of service - 20 days per year;

 15+ years of service - 25 days per year. [OPPP Section IV.A.5.c-d].

The Legislative Operating Committee may consider whether the accrual rates for personal and

vacation time provided for in section IV.A.5.c-d of the Law should be revised. The Legislative

Operating Committee may make one of the following considerations in regard to this comment:

1. Section IV.A.5.c-d of the Law should remain as currently drafted, and there should be no

change to the accrual rates for personal and vacation time.

2. Section IV.A.5.c-d of the Law should be revised to address the accrual rates for personal

and vacation time. The Legislative Operating Committee may consider how the accrual

rates should be revised, and if they should be reduced or if certain accrual rate levels should

be eliminated. If the Legislative Operating Committee makes the determination to

eliminate the accrual rates for personal and vacation time for those employees who have

more than fifteen years of service, as suggested by the commenter, then the following

revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5. Vacation/Personal Days

c.

Except as provided for in section g, the accrual of personal days shall be as

follows: (BC Resolution – 4-11-13-F)

1)

0-3 years of service - 6 days per year;

2)

4-7 years of service - 8 days per year;

3)

8+-14 years of service - 10 days per year;

4)

15+ years of service - 12 days per year;

d.

Except as provided for in section g, the accrual of vacation days shall be as

follows:

1)

0-3 years of service - 12 days per year

2)

4-7 years of service - 15 days per year;

3)

8+-15 years of service - 20 days per year;

4)

15+ years of service - 25 days per year.

LOC Consideration

The Legislative Operating Committee discussed and determined that accruals for employees will

need to be reconsidered and reduced in the future as it may not be sustainable to continue the

current accrual rates in the future as the employment base grows m. The Legislative Operating

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Committee determined that further discussion and consideration of this matter with the Human

Resources Department and Finance may be necessary. The Legislative Operating Committee also

discussed the fact that if accruals are changed in the future, they would support changing the

accruals for any future employees but grandfathering current employees in with the current accrual

rates.

Comment 39 – Combination of Personal and Vacation Time:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5. Vacation/Personal Days

c.

Except as provided for in section g, the accrual of personal days shall

be as follows: (BC Resolution – 4-11-13-F)

1)

0-3 years of service - 6 days per year;

2)

4-7 years of service - 8 days per year;

3)

8-14 years of service - 10 days per year;

4)

15+ years of service - 12 days per year;

d.

Except as provided for in section g, the accrual of vacation days shall

be as follows:

1)

0-3 years of service - 12 days per year

2)

4-7 years of service - 15 days per year;

3)

8-15 years of service - 20 days per year;

4)

15+ years of service - 25 days per year.

Jessica Vandekamp (written): 6. Paid Time Off

• Why do we have to separate personal/vacation?

• Most employees use interchangeably.

• Combine p/v time to one large amount of PTO, load at the beginning of the year rather

than accumulate.

Response

The commenter questions why the Law differentiates between “personal” and “vacation” time

since they are typically used interchangeably by an employee, and suggests that the Law be revised

to combine personal time and vacation time into one allocation of personal time off. The

commenter also then suggests that the Law be revised so that yearly accruals are provided to an

employee in one lump sum at the beginning of the year instead of accumulated throughout the year

through weekly accrual rates.

The Law provides that every Oneida Nation employee, except temporary employees, shall be

allowed personal and vacation days with pay to the extent that personal days and vacation are

accumulated. [OPPP Section IV.A.5.a]. The amount of personal and vacations days shall be

determined by continuous service for the Nation. [OPPP Section IV.A.5.b]. The Law provides the

following for the accrual of personal and vacation time:

 Accrual of Personal Days:

 0-3 years of service - 6 days per year;

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 4-7 years of service - 8 days per year;

 8-14 years of service - 10 days per year;

 15+ years of service - 12 days per year;

Accrual of Vacation Days:

 0-3 years of service - 12 days per year;

 4-7 years of service - 15 days per year;

 8-15 years of service - 20 days per year;

 15+ years of service - 25 days per year. [OPPP Section IV.A.5.c-d].

Personal Days can be used for any reason so long as the request is approved by the employee's

supervisor at least twenty-four (24) hours in advance, unless the absence is due to illness or

unforeseen circumstances. [OPPP Section IV.A.5.i]. In the case of illness or unforeseen

circumstance, the supervisor shall be notified no later than fifteen (15) minutes before the

scheduled starting time. [OPPP Section IV.A.5.i.1]. An employee shall notify his or her supervisor

of an intent to use personal days in the following ways: for three (3) to five (5) days - one (1) week

advance notification, and for six (6) days or more days - two (2) weeks advance notification.

[OPPP Section IV.A.5.j]. An employee shall notify his or her supervisor one (1) day in advance if

he or she will take off one (1) or two (2) days of vacation. [OPPP Section IV.A.5.k]. Three (3) to

five (5) days of vacation require a one (1) week advance notification, while six (6) or more days

of vacation require at least two (2) weeks advance notification. [OPPP Section IV.A.5.k.1-2].

Programs and enterprises may institute stricter standards of notification. [OPPP Section IV.A.5.i.2,

and IV.A.5.k].

It is unknown why personal and vacation time are differentiated in the Law. The provisions for

advance notification of the use of personal and vacation time are very similar for each category,

except that personal time may be notified less than twenty-four (24) hours in advance in certain

circumstances.

The Legislative Operating Committee may consider how the Nation handles the separation of

personal and vacation time accruals. The Legislative Operating Committee may make one of the

following considerations in regard to this comment:

1. Section IV.A.5.c-d of the Law should remain as currently drafted, and there should be no

change to the separation of personal and vacation time accrual rates.

2. Section IV.A.5.c-d of the Law should be revised to combine the accrual rates for personal

and vacation time. If the Legislative Operating Committee makes this determination, then

the following revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5. Vacation/Personal Days Personal Time Off

c.

Except as provided for in section g, the accrual of personal time off (PTO)

days shall be as follows: (BC Resolution – 4-11-13-F)

1)

0-3 years of service – 18 6 days per year;

2)

4-7 years of service – 23 8 days per year;

3)

8-14 years of service – 30 10 days per year;

4)

15+ years of service – 37 12 days per year;.

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d.

Except as provided for in section g, the accrual of vacation days shall be as

follows:

1)

0-3 years of service - 12 days per year

2)

4-7 years of service - 15 days per year;

3)

8-15 years of service - 20 days per year;

4)

15+ years of service - 25 days per year.

All other references to personal or vacation time throughout the Law would also have to be updated

and revised.

Additionally, the Legislative Operating Committee may consider whether the amount of personal

and vacation time provided to an employee should be accrued throughout the year, as is the current

practice, or provided to the employee in one lump sum at the beginning of the year. If the

Legislative Operating Committee would like to explore this issue, then it is recommended that the

Legislative Operating Committee collaborate with the Finance Administration to determine the

potential fiscal impacts of providing personal and vacation time to an employee as a lump sum at

the beginning of the year.

LOC Consideration

The Legislative Operating Committee determined that section IV.A.5.c-d of the Law should

remain as currently drafted, and there should be no change to the separation of personal and

vacation time accrual rates due to the fact that the separation of vacation and personal accruals

provides different requirements for notification of utilization of vacation or personal accruals to

the supervisor. The Legislative Operating Committee also discussed the potential for providing

personal and vacation time to an employee in one lump sum at the beginning of a year instead of

an employee accruing the personal and vacation time throughout the year. The Legislative

Operating Committee expressed concerns with front loading personal and vacation time at the

beginning of the year, discussing a situation in which an employee may use all of their personal

and vacation time at the beginning of the year and then end their employment with the Nation.

Ultimately, the Legislative Operating Committee determined that the topic of personal and

vacation time accruals needs further discussion and consideration.

Comment 40 – Discontinuance of Oneida Nation Sponsored Loan Program:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

h.

Upon termination from Oneida Nation employment, employees will be

paid for any unused personal and/or vacation days.

1)

Employees who have used the Oneida Nation-sponsored loan

program will be required to honor the terms of the loan agreement.

Mark Powless (written):

659 1) Employees who have used the Oneida Nation-sponsored loan program will be

660 required to honor the terms of the loan agreement.

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• This program no longer exists. Strike these lines from the Personnel Policies and Procedures.

Response

The commenter provides that the Oneida Nation sponsored loan program no longer exists, and

therefore the language referencing this loan program found in section IV.A.5.h.1 should be

removed from the Law.

Section IV.A.5.h. of the Law provides that upon termination from Oneida Nation employment,

employees will be paid for any unused personal and/or vacation days. The Law then states that

employees who have used the Oneida Nation-sponsored loan program will be required to honor

the terms of the loan agreement.

The following revision is recommended based on the comment that the Oneida Nation sponsored

loan program is no longer utilized:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

h.

Upon termination from Oneida Nation employment, employees will be paid

for any unused personal and/or vacation days.

1)

Employees who have used the Oneida Nation-sponsored loan

program will be required to honor the terms of the loan agreement.

LOC Consideration

The Legislative Operating Committee determined that the Nation is not in a position to offer a loan

program to employees, and therefore the reference to the Oneida Nation sponsored loan program

in section IV.A.5.h. of the Law should be eliminated.

Comment 41 – Trade Back for Cash:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

n.

Trade-back for Cash - Each fiscal year, the Oneida Business

Committee shall analyze fiscal conditions to determine whether employees

may trade back personal and/or vacation hours for cash that fiscal year.

1)

If the Oneida Business Committee approves trade-back for

cash, they shall also determine whether (i) and/or (ii) applies: (See

Revision)

i.

All employees will have the opportunity to trade-back

hours one time that year.

1.

By August 15, each employee who has

accumulated twenty-four (24) hours or more of vacation

and/or personal days may opt to trade in his/her hours

for cash.

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2.

Employees will receive their trade back on or

before September 30 of that year.

ii.

Only those employees who are unable to utilize their

personal and/or vacation time due to working conditions, such

as a shortage in staffing, as determined by the Human Resources

Executive Director or designee, will have the opportunity to

trade back hours on a quarterly basis.

1.

Employees will receive their trade back within

sixty (60) days after opting to trade back hours.

2)

When trade-back for cash is approved by the Oneida Business

Committee, the following standards shall apply:

i.

Employees must decide which status (vacation or

personal or both) from which their trade back will be drawn.

ii.

Employees may not trade for cash more than eighty (80)

hours in one year. (GTC Resolution, 5-23-11-B)

Mark Powless (written):

696 ii. Only those employees who are unable to utilize their personal and/or

697 vacation time due to working conditions, such as a shortage in staffing, as

698 determined by the Human Resources Executive Director or

699 designee, will have the opportunity to trade back hours on a quarterly basis.

700 1. Employees will receive their trade back within sixty (60) days after

701 opting to trade back hours.

• This opportunity no longer exists. Strike these lines from the Personnel Policies and Procedures.

Response

The commenter provides that the opportunity for Trade Back for Cash as provided in section

IV.A.5.n. of the Law no longer exists, so this provision of the Law should be eliminated.

Section IV.A.5.n. of the Law provides that each fiscal year, the Oneida Business Committee is

responsible for analyzing fiscal conditions to determine whether employees may trade back

personal and/or vacation hours for cash that fiscal year. If the Oneida Business Committee

approves trade-back for cash, they shall also determine whether all employees will have the

opportunity to trade back hours one time that year, or if only those employees who are unable to

utilize their personal and/or vacation time due to working conditions, such as a shortage in staffing,

as determined by the Human Resources Executive Director or designee, will have the opportunity

to trade back hours on a quarterly basis. If all employees are allowed to trade back personal or

vacation time for cash, then by August 15, each employee who has accumulated twenty-four (24)

hours or more of vacation and/or personal days may opt to trade in his/her hours for cash.

Employees will receive their trade back on or before September 30 of that year. If only certain

employees are allowed to trade back their personal or vacation time for cash then employees will

receive their trade back within sixty (60) days after opting to trade back hours. Overall, when tradeback for cash is approved by the Oneida Business Committee, employees must decide which status

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(vacation or personal or both) from which their trade back will be drawn, and employees are

limited to trading back no more than eighty (80) hours in one year.

Trade Back for Cash was most recently used in 2022. The Oneida Business Committee adopted

resolution BC-07-13-22-G, Authorization of 80 Hours of Trade Back for Cash for Fiscal Year

2022. Through this resolution the Oneida Business Committee declared that there shall be

authorized a one-time Trade Back for Cash for Fiscal Year 2022 which shall be capped at eighty

(80) hours of personal and/or vacation time for eligible employees in accordance with Section

IV.A.5.n. of the Oneida Personnel Policies and Procedures.

The Legislative Operating Committee may consider whether Trade Back for Cash program as

provided for in section IV.A.5.n of the Law should remain in the Law or be eliminated. The

Legislative Operating Committee may make one of the following considerations in regard to this

comment:

1. Section IV.A.5.n. of the Law should remain as currently drafted, and the Trade Back for

Cash program should remain in the Law. This provides the Oneida Business Committee

the flexibility to determine if the fiscal conditions of the Nation provide the opportunity for

this program to be utilized.

2. Section IV.A.5.n. of the Law should be revised to eliminate the Trade Back for Cash

program. If the Legislative Operating Committee makes the determination then the

following revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

A.

SALARY

5.

Vacation/Personal Days

n.

Trade-back for Cash - Each fiscal year, the Oneida Business Committee

shall analyze fiscal conditions to determine whether employees may trade back

personal and/or vacation hours for cash that fiscal year.

1)

If the Oneida Business Committee approves trade-back for cash,

they shall also determine whether (i) and/or (ii) applies: (See Revision)

i.

All employees will have the opportunity to trade-back hours

one time that year.

1.

By August 15, each employee who has accumulated

twenty-four (24) hours or more of vacation and/or personal

days may opt to trade in his/her hours for cash.

2.

Employees will receive their trade back on or before

September 30 of that year.

ii.

Only those employees who are unable to utilize their

personal and/or vacation time due to working conditions, such as a

shortage in staffing, as determined by the Human Resources

Executive Director or designee, will have the opportunity to trade

back hours on a quarterly basis.

1.

Employees will receive their trade back within sixty

(60) days after opting to trade back hours.

2)

When trade-back for cash is approved by the Oneida Business

Committee, the following standards shall apply:

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i.

Employees must decide which status (vacation or personal

or both) from which their trade back will be drawn.

ii.

Employees may not trade for cash more than eighty (80)

hours in one year. (GTC Resolution, 5-23-11-B)

LOC Consideration

The Legislative Operating Committee determined that section IV.A.5.n. of the Law should remain

as currently drafted, and the Trade Back for Cash program should remain in the Law as this

provision provides the Oneida Business Committee the flexibility to determine if the fiscal

conditions of the Nation provide the opportunity for this program to be utilized.

Comment 42 – Promotions as a Result of Evaluations:

SECTION V – EMPLOYEE RELATIONS

B.

EVALUATIONS

1.

Evaluation reports will be used in determining all promotions, transfers and

salary adjustments.

Mark Powless (written):

850 B. EVALUATIONS

851 1. Evaluation reports will be used in determining all promotions, transfers and salary

852 adjustments.

This section is obsolete. The Oneida Nation does not offer promotions and evaluations are not

provided when determining transfers. With that being said, areas would like the opportunity to

view recent evaluations when considering transfers into their department.

Response

The commenter provides that section V.B.1 of the Law is obsolete since the Nation does not

provide promotions, and evaluations are not provided when determining transfers.

Section V.B.1 of the Law provides that evaluation reports will be used in determining all

promotions, transfers, and salary adjustments.

It is recommended that the Legislative Operating Committee review with the Human Resources

Department what an evaluation could be used for, and clarify this section accordingly. Specifically,

it should be determined whether evaluations are provided when transfer considerations are made.

If it determined that evaluations are not used for determining promotions or transfers, then the

following revisions is recommended:

SECTION V – EMPLOYEE RELATIONS

B.

EVALUATIONS

1.

Evaluation reports will be used in determining all promotions, transfers and salary

adjustments.

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LOC Consideration

The Legislative Operating Committee determined that the Law should be revised to remove the

references to promotions and transfers in section V.B.1. of the Law.

Comment 43 – Title of Human Resources Executive Director:

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Throughout OPPP amendments

The title “HRD Manager” is updated to “Human Resources Executive Director” throughout the

OPPP. This change presents no legal issues.

Response

The commenter’s highlight that throughout the Law the title of “HRD Manager” has been updated

to “Human Resources Executive Director” and this revision reflects no legal issue.

After the draft of proposed amendments to this Law was sent to public meeting it was brought to

the Legislative Operating Committee’s attention that the proper title is Executive Human

Resources Director. It is recommended that “Human Resources Executive Director” is revised to

“Executive Human Resources Director” throughout the Law.

LOC Consideration

The Legislative Operating Committee agrees with the recommendation that “Human Resources

Executive Director” is revised to “Executive Human Resources Director” throughout the Law.

Comment 44 – Oneida Preference and Indian Preference Statement of Policy:

SECTION III – SELECTION POLICY

A.

ONEIDA PREFERENCE AND INDIAN PREFERENCE STATEMENT OF

POLICY

The Oneida Nation is an equal employment opportunity employer and follows nondiscriminatory policies and procedures in personnel decisions. The Oneida Nation exists to

serve the needs of the Oneida people and therefore accords Oneida Preference to enrolled

members of the Oneida Nation where such preference is not otherwise prohibited. All

General Managers and top administrative positions, as defined by HRD in a standard

operating procedure, shall be held by enrolled members of the Oneida Nation. In all other

instances, the Nation applies the following priorities of Indian Preference in staffing

decisions:

1

Enrolled members of the Oneida Nation;

2

Individuals eligible for enrollment in the Oneida Nation;

3

Documented first generation descendants of the Oneida Nation;

4

Members or descendants of a federally recognized tribe;

5

Other (non-Indian).

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Section III, Selection Policy

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Section III.A., Oneida Preference and Indian Preference Statement of Policy

The proposed amendments update the language of the Oneida Preference and Indian Preference

Statement of Policy. In this section, updated language does not substantially change the underlying

policy and does not create any legal issues.

Response

The commenters highlight that there has been slight modification to the verbiage used in the

Oneida preference and Indian preference statement of policy found in section III.A of the Law.

This language does not alter the intent of the Oneida preference and Indian preference statement

of policy.

There is no action needed by the Legislative Operating Committee based on these comments.

LOC Consideration

The Legislative Operating Committee determined there was no revision to the Law needed based

on this comment.

Comments 45 through 46 – Use of Administrative Rulemaking:

SECTION III – SELECTION POLICY

B.

HIRING PROCEDURE

2.

Hiring Guidelines

c.

Hiring and Selection Rules.

1)

The HRD Office shall be delegated rulemaking authority in

accordance with the Administrative Rulemaking law to develop rules

regarding procedures for the hiring and selection of employees of the

Nation.

C.

INTERNAL POSITION POSTING - The Oneida Nation encourages movement

within and among units in order to make the best possible use of human resources to meet

the Oneida Nation’s goals and objectives. Supervisors and employees are encouraged to

work together to create an environment in which employees constantly strive to improve

their skills and abilities and managers constantly seek to provide challenging and rewarding

work experiences.

1.

Internal Position Posting and Reassignment Rules.

a.

The HRD Office shall be delegated rulemaking authority in accordance

with the Administrative Rulemaking law to develop rules regarding

procedures for internal position posting and reassignment of employees of the

Nation.

Peggy Van Gheem, Krystal John, Kelly McAndrews (written): Section III.B., Hiring Procedure

The proposed amendments eliminate almost all OPPP language regarding recruitment and hiring

topics, such as identifying vacancies, developing job descriptions, applications, advertising

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vacancies, screening for positions, interviews, and selection of a candidate. In place of such

language, the proposed amendments delegate rulemaking authority to the Human Resources

Department as follows:

c. Hiring and Selection Rules.

1) The HRD Office shall be delegated rulemaking authority in accordance with

the Administrative Rulemaking law to develop rules regarding procedures for the

hiring and selection of employees of the Nation. (OPPP Amendments (clean copy),

Draft 1, lines 295-298)

Section III.C. Internal Position Posting (formerly Transfers and Promotions Policy)

Similarly, the proposed amendments eliminate almost all OPPP language regarding transfers and

promotions, internal postings, applicant pool, and reassignments and, again, delegate rulemaking

authority to HRD, specifically:

1. Internal Position Posting and Reassignment Rules

a. The HRD Office shall be delegated rulemaking authority in accordance with the

Administrative Rulemaking law to develop rules regarding procedures for internal

position posting and reassignment of employees of the Nation. (OPPP

Amendments, Draft 1, lines 306-309)

Lisa Duff on behalf of Gaming Senior Management (written): 3) Gaming is requesting the

LOC consider a process that gives management (to include gaming management) representation

and joint rulemaking authority over all rules for which HRD is delegated rulemaking authority in

the draft OPPP. Failure to include management in this drafting process and the importance of a

seat at the table in the drafting process should be noted because once documents are made public,

certain things can be difficult to walk back from. This supports the need for joint authority to

ensure management’s voice is guaranteed to be incorporated into HRD rules rather than merely

receiving the opportunity to provide public comment – as is the case in this instance. Please note

that the last time employment matters were considered the LOC recognized the importance of

including management and, at Gaming’s request, included 2 gaming HRD representatives on the

drafting team to provide a perspective from the profit centers who rely on these processes to

operate businesses that funds the lion’s share of the Nation’s operations.

388

days

389

390

2) The HRD Office shall notify screened out applicants within five (5) working

after the initial screening and reserve these applicationsbe delegated rulemaking

authority in the general recruiting pool.

Response

Some of the commenters summarize the proposed revisions to the Law regarding the hiring and

selection process, and the internal transfer process. The proposed amendments to the Law

eliminate much of the process and procedures currently contained in the law regarding the hiring

and selection process, and instead provides that the HRD Office shall be delegated rulemaking

authority in accordance with the Administrative Rulemaking law to develop rules regarding

procedures for the hiring and selection of employees of the Nation. [Section III.B.2.c]. The

proposed amendments to the Law also eliminate much of the process and procedures currently

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contained in the law regarding the transfers and promotions, internal postings, applicant pool, and

reassignments and instead provides that the HRD Office shall be delegated rulemaking authority

in accordance with the Administrative Rulemaking law to develop rules regarding procedures for

the internal position posting and reassignment of employees of the Nation. [Section III.C.1].

The other commenters ask the Legislative Operating Committee to consider a joint delegation of

rulemaking authority to management when rulemaking authority is delegated to the Human

Resources Department, in an effort to recognize the importance of including management in the

development of policies.

The Legislative Operating Committee may consider what the most appropriate delegation of

rulemaking authority is under the Law. The Legislative Operating Committee may make one of

the following determinations:

1. Sections III.B.2.c. and III.C.1 of the Law should remain as currently drafted and provide

delegations of rulemaking authority to the Human Resources Department.

2. Sections III.B.2.c. and III.C.1 of the Law should be redrafted to include a joint delegation

of rulemaking authority to include management. If the Legislative Operating Committee

makes this determination then the following revision to the Law is recommended:

SECTION III – SELECTION POLICY

B.

HIRING PROCEDURE

2.

Hiring Guidelines

c.

Hiring and Selection Rules.

1)

The HRD Office Human Resources Executive Director, General

Manager, Gaming General Manager, and Retail General Manager shall be

delegated joint rulemaking authority in accordance with the Administrative

Rulemaking law to develop rules regarding procedures for the hiring and

selection of employees of the Nation.

C.

INTERNAL POSITION POSTING - The Oneida Nation encourages movement within and

among units in order to make the best possible use of human resources to meet the Oneida Nation’s

goals and objectives. Supervisors and employees are encouraged to work together to create an

environment in which employees constantly strive to improve their skills and abilities and

managers constantly seek to provide challenging and rewarding work experiences.

1.

Internal Position Posting and Reassignment Rules.

a.

The HRD Office Human Resources Executive Director, General Manager,

Gaming General Manager, and Retail General Manager shall be delegated joint

rulemaking authority in accordance with the Administrative Rulemaking law to

develop rules regarding procedures for internal position posting and reassignment

of employees of the Nation.

LOC Consideration

The Legislative Operating Committee discussed the fact that the Human Resources Department is

delegated rulemaking authority in the proposed amendments to the Law because it is the Human

Resources Department that is the experts and authority on employment practices in the

Nation. The Legislative Operating Committee believes that all areas – and therefore all General

Managers of the Nation – should have input on employment practices to provide insight into what

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each specific area of the Nation may need, but that the public comment process provided in the

Administrative Rulemaking law provides that opportunity to provide input. The Legislative

Operating Committee then had discussion on whether employment policies of the Nation should

apply across the board to all areas, or if in the future it may be necessary that the enterprises have

different employment policies than the Nation’s programs. Overall, the Legislative Operating

Committee determined this issue needs further discussion and consideration with the Human

Resources Department and all General Managers of the Nation.

Comment 47 – Complaint Procedure in Law:

SECTION V – EMPLOYEE RELATIONS

1. COMPLAINTS, DISCIPLINARY ACTIONS, AND GRIEVANCES

1. Complaints

a. General

b. Types of Complaints

c. Complaint Procedures

1) Employee Disagreements

a) An employee who alleges they have a disagreement with another employee

may file a complaint with the EEO Department.

b) Within two (2) working days of the receipt of the complaint, the EEO

Department shall provide the supervisor of the employee with the

complaint.

c) The supervisor shall have ten (10) working days to investigate and resolve

the complaint.

i.

The supervisor’s ten (10) working day timeframe begins the day after

the supervisor receives the complaint from the EEO Department.

ii. The supervisor shall meet with the employee filing the complaint as

well as all other parties mentioned in the complaint.

1. Meetings between the supervisor and employees may occur in

person, through video conferencing, or over the telephone.

2. The supervisor shall document all attempts made to meet with an

employee. If the complaining employee or the employee being

complained about is unavailable, the supervisor shall move forward

with the investigation based on the information they have.

iii. If the supervisor cannot complete the investigation within the ten (10)

working day timeframe, the supervisor may request a one (1) time five

(5) working day extension from the EEO Department.

iv. When the supervisor’s investigation is complete, the supervisor shall

contact the EEO Officer to mutually determine an appropriate

resolution.

1. If the supervisor cannot come to a mutual determination with the

EEO Officer as to an appropriate resolution for the complaint, then

the supervisor shall provide written justification for non-agreement

on the resolution to both the Area Manager and the Human

Resources Executive Director.

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The supervisor shall send the final resolution to their Area Manager

to ensure accountability.

vi. The supervisor shall also send the final resolution and all supporting

documentation used to make the final resolution to the EEO

Department for filing and reporting purposes.

d) If the supervisor fails to complete the investigation and resolve the

complaint within the ten (10) working days, the EEO Department shall

send notice to the Area Manager.

i. The notice shall notify the Area Manager that the complaint was not

addressed within the allotted ten (10) working days.

ii. The notice shall inform the Area Manager that the supervisor violated

the complaint process by being negligent in the performance of their

assigned duties and failure to appropriately investigate a complaint.

iii. The notice shall address the appropriate accountability of the

supervisor.

1. If the Area Manager fails to take appropriate action to address the

accountability of the supervisor, then the EEO Department shall

send notice to the General Manager level position in that chain of

command. If the General Manager level position was the Area

Manager in the complaint, then the EEO Officer shall send the

notice to the Oneida Business Committee.

iv.

The notice shall direct the Area Manager to complete the complaint

investigation within ten (10) working days of receiving the notice from

EEO.

e) If the employee is not satisfied with the supervisor’s final resolution, they

may refile their complaint with the EEO Department for resolution by the

Area Manager.

i.

Within two (2) working days of the receipt of the complaint, the EEO

Department shall provide the Area Manager of the employee with the

complaint.

ii. The Area Manager shall have ten (10) working days to complete their

investigation.

iii. The Area Manager’s ten (10) working day timeframe begins the day

after the Area Manager receives the complaint from the EEO

Department.

iv. The Area Manager shall meet with the employee filing the complaint

as well as all other parties mentioned in the complaint.

1. Meetings between the Area Manager and the employees may occur

in person, through video conferencing, or by telephone.

2. The Area Manager shall document all attempts made to meet with

an employee. If the complaining employee or the employee being

complained about is unavailable, the Area Manager shall move

forward with the investigation based on the information they have.

v.

When the Area Manager’s investigation is complete, the Area

Manager shall contact the EEO Officer to mutually determine an

appropriate resolution.

v.

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1. If the Area Manager cannot come to a mutual determination with

the EEO Officer as to an appropriate resolution for the complaint,

then the Area Manager shall provide written justification for nonagreement on the resolution to both the appropriate GM level

position and the HRD Executive Director.

vi. The Area Manager shall send the final resolution and all supporting

documentation used to make the final resolution to the EEO

Department for filing and reporting purposes.

vii. The Area Manager’s resolution shall be final.

f) If the Area Manager fails to complete the investigation and resolve the

complaint within the ten (10) working days, the EEO Department shall

send notice to the General Manager level position in that chain of

command. If the General Manager level position was the Area Manager in

the complaint, then the EEO Officer shall send the notice to the Oneida

Business Committee.

i.

The notice shall notify the General Manager level position that the

complaint was not addressed within the additional ten (10) working

days.

ii. The notice shall inform the General Manager level position that the

Area Manager violated the complaint process by being negligent in the

performance of their assigned duties and failure to appropriately

investigate a complaint.

iii. The notice shall address the appropriate accountability of the Area

Manager.

iv. The notice shall address the General Manager level position’s

responsibility to complete the complaint investigation and reach a

resolution.

1. Investigation Procedure for all General Manager Level Positions,

not the Oneida Business Committee

a. The General Manager level position shall complete the

investigation and reach a resolution within ten (10) working

days of receiving the notice from EEO.

b. The General Manager level position’s ten (10) working day

timeframe begins the day after the General Manager level

position receives the complaint from the EEO Department.

c. The General Manager level position shall meet with the

employee filing the complaint as well as all other parties

mentioned in the complaint.

i. Meetings between the General Manager level position and

the employees may occur in person, through video

conferencing, or by telephone.

ii. The General Manager level position shall document all

attempts made to meet with an employee. If the complaining

employee or the employee being complained about is

unavailable, the General Manager level position shall move

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forward with the investigation based on the information they

have.

d. When the General Manager level position’s investigation is

complete, the General Manager level position shall contact the

EEO Officer to mutually determine an appropriate resolution.

i. If the General Manager level position cannot come to a

mutual determination with the EEO Officer as to an

appropriate resolution for the complaint, then the General

Manager level position shall provide written justification for

non-agreement on the resolution to the Human Resources

Executive Director.

e. The final resolution shall be sent to the EEO Department for

filing and reporting purposes.

f. The General Manager level position’s resolution of the

complaint shall be final.

2. Investigation Procedure for the Oneida Business Committee

a. When the GM level position of a complaint was the Area

Manager in the complaint, then the Oneida Business Committee

shall complete the investigation and reach a resolution in

accordance with their standard operating procedure regarding

complaints.

2) EEO Violations

a) An employee may file a EEO Violation complaint with the EEO

Department.

b) The EEO Officer shall have ten (10) working days to investigate and

resolve the complaint.

c) The EEO Officer’s ten (10) working day timeframe begins the day after

the EEO Department receives the complaint from the employee.

d) The EEO Officer shall notify the immediate supervisor of the employee

being complained about so they:

i.

Are aware that the EEO Officer will be investigating their employee;

ii. Know the EEO Officer shall be responsible for implementing the final

resolution; and

iii. Know the final resolution shall be sent to their supervisor to ensure

accountability.

e) The EEO Officer shall meet with the employee filing the complaint as well

as all other parties mentioned in the complaint.

f) The Nation may utilize its laws and policies governing investigative leave

while the employee is being investigated for an EEO Violation complaint.

g) The EEO Officer shall meet with the Human Resources Executive Director

to mutually determine an appropriate resolution.

h) The final resolution and all support documentation used to make the final

resolution shall be filed at the EEO Department for reporting purposes.

i) The EEO Officer’s resolution shall be final.

3) Illegal Activities

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a) An employee may file an Illegal Activities complaint with the EEO

Department.

b) The EEO Officer shall have ten (10) working days to investigate and

resolve the complaint.

c) The EEO Officer’s ten (10) working day timeframe begins the day after

the EEO Department receives the complaint from the employee.

d) The EEO Officer shall notify the immediate supervisor of the employee

being complained about so they:

i.

Are aware that the EEO Officer will be investigating their employee;

ii. Know the EEO Officer shall be responsible for implementing the final

resolution; and

iii. Know the final resolution shall be sent to their supervisor to ensure

accountability.

e) The EEO Officer shall meet with the employee filing the complaint as well

as all other parties mentioned in the complaint.

f) The Nation may utilize its laws and policies governing investigative leave

while the employee is being investigated for an Illegal Activities complaint.

g) The EEO Officer shall meet with the Human Resources Executive Director

to mutually determine an appropriate resolution.

h) The final resolution and all support documentation used to make the final

resolution shall be filed at the EEO Department for reporting purposes.

i) The EEO Officer’s resolution shall be final.

j) If the EEO Officer’s Illegal Activities complaint investigation of the

employee resulted in the conclusion that an illegal activity did occur, then

the EEO Officer shall forward the complaint resolution and all support

documentation to a local law enforcement agency.

d. The local law enforcement agency shall utilize their investigation and

accountability processes for the complaint.

Melanie Burkhart (oral): Yes, thank you. I just have a, a comment on the complaint area. I

disagree with having the complaint process included in the law, because then that ties our hands

in terms of needing to be able to update a process because it's part of a law. So, I don't think that

should be included in the law. Thank you.

Response

The commenter provides that she disagrees with including the complaint procedure in the Law

because it results in a lack of flexibility in updating the complaint procedures to meet the needs of

the Nation, since any changes to the Law would have to follow the legislative process.

The Legislative Operating Committee has to weigh what procedures and processes should be

included in the Law and what procedures and processes should be provided for in other manners

such as administrative rules or standard operating procedures.

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The Legislative Operating Committee may consider whether the complaint procedures should

remain included in the Law, or be delegated to be provided in a different manner. The Legislative

Operating Committee may make one of the following considerations in regard to this comment:

1. Section V.A.1c. of the Law should remain as currently drafted, and the complaint

procedures should be included in the Law itself.

2. Section V.A.1.c of the Law should be revised to remove the complaint procedure from the

Law itself and instead delegate authority for the complaint procedure to be provided for

through an administrative rule. If the Legislative Operating Committee makes this

determination, then the following revision is recommended:

SECTION V – EMPLOYEE RELATIONS

A.

COMPLAINTS, DISCIPLINARY ACTIONS, AND GRIEVANCES

1.

Complaints

c.

Complaint Procedures

i. The HRD Office shall be delegated rulemaking authority in

accordance with the Administrative Rulemaking law to develop

rules regarding complaint procedures.

Note: All other complaint procedure language would be removed from the

Law.

LOC Consideration

The Legislative Operating Committee determined that section V.A.1.c of the Law should be

revised to remove the complaint procedure from the Law itself and instead delegate authority for

the complaint procedure to be provided for through an administrative rule.

Comment 48 – Approval of a Leave of Absence:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

3.

Leave of Absence (Work Standard, 6-10-14)

a.

A leave of absence without pay may be granted to employees for a

justifiable reason (including caring for a child, spouse or parent with a serious

health condition) and when in the best interest of the Nation.

1)

Leaves of absence will not exceed three (3) months.

i.

All leaves of absence shall be approved by the

Supervisor.

ii.

Requests shall be documented and submitted to the

supervisor with as much advance notice as possible.

iii.

Disposition of requests will be made on the basis of

staffing requirements.

2)

Upon returning, the employee will be reinstated in the former

position with full status and benefits. Holiday, vacation, and sick leave

will not be accrued during the leave of absence.

3)

No later than fifteen (15) working days prior to the expiration

of the leave period the employee must give notice in writing of his/her

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intent to return to the position. Notice must be presented to the

supervisor.

i.

Failure to provide written notice will be interpreted to

mean that the employee does not intend to return following the

leave. The position will be posted and filled through the

selection process.

Lisa Rauschenbach (written): Leave of Absence should also include the Area Manager. There

should be more than just a Supervisor approval to ensure areas are covered.

Response

The commenter provides that approval of a leave of absence should include the approval of the

Area Manager and not just a supervisor.

The proposed amendments to section IV.D.3. provides that all leaves of absence shall be approved

by the supervisor. Currently, the Law requires that a leave of absence be approved by the

Supervisor, Area Manager, HRD Manager and General Manager. The level of approval needed for

a leave of absence was reduced to alleviate the administrative burden of obtaining approval from

four (4) individuals and simplify the process.

The Legislative Operating Committee may consider whether a leave of absence should require

approval beyond just the supervisor. The Legislative Operating Committee may make one of the

following considerations in regard to this comment:

1. Section IV.D.3. of the Law should remain as currently drafted, and all leaves of absence

shall be approved by the Supervisor.

2. Section IV.D.3. of the Law should be revised to require that the Area Manager, in addition

to the supervisor, approve a leave of absence. If the Legislative Operating Committee

makes this determination, then the following revision is recommended:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

3.

Leave of Absence (Work Standard, 6-10-14)

a.

A leave of absence without pay may be granted to employees for a

justifiable reason (including caring for a child, spouse or parent with a serious

health condition) and when in the best interest of the Nation.

1)

Leaves of absence will not exceed three (3) months.

i.

All leaves of absence shall be approved by the Supervisor

and Area Manager.

ii.

Requests shall be documented and submitted to the

supervisor with as much advance notice as possible.

iii.

Disposition of requests will be made on the basis of staffing

requirements.

2)

Upon returning, the employee will be reinstated in the former

position with full status and benefits. Holiday, vacation, and sick leave will

not be accrued during the leave of absence.

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3)

No later than fifteen (15) working days prior to the expiration of the

leave period the employee must give notice in writing of his/her intent to

return to the position. Notice must be presented to the supervisor.

i.

Failure to provide written notice will be interpreted to mean

that the employee does not intend to return following the leave. The

position will be posted and filled through the selection process.

LOC Consideration

The Legislative Operating Committee determined that section IV.D.3. of the Law should be

revised to require that the Area Manager, in addition to the supervisor, approve a leave of absence.

Comment 49 – Intent to Return to Work:

SECTION IV - COMPENSATION AND BENEFITS

D.

LEAVES

3.

Leave of Absence (Work Standard, 6-10-14)

a.

A leave of absence without pay may be granted to employees for a

justifiable reason (including caring for a child, spouse or parent with a serious

health condition) and when in the best interest of the Nation.

1)

Leaves of absence will not exceed three (3) months.

i.

All leaves of absence shall be approved by the

Supervisor.

ii.

Requests shall be documented and submitted to the

supervisor with as much advance notice as possible.

iii.

Disposition of requests will be made on the basis of

staffing requirements.

2)

Upon returning, the employee will be reinstated in the former

position with full status and benefits. Holiday, vacation, and sick leave

will not be accrued during the leave of absence.

3)

No later than fifteen (15) working days prior to the expiration

of the leave period the employee must give notice in writing of his/her

intent to return to the position. Notice must be presented to the

supervisor.

i.

Failure to provide written notice will be interpreted to

mean that the employee does not intend to return following the

leave. The position will be posted and filled through the

selection process.

Shannon Stone (written): Leave of Absence: Line 751 requires 15 working days prior written

notice of intent to return to work by the employee. There is an interpretation that says one day

notice is required for LOAs shorter than 15 working days. Overall, the 15-day requirement seems

out of date, particularly when the employee and supervisor should maintain communications

through the period of leave. One day notice should be sufficient and earlier notice would be

courteous.

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The other thought is what constitutes notice of intent to return? If an employee provides a returnto-work letter from a doctor with a date to return is that intent to return?

Response

The commenter provides that the requirement that no later than fifteen (15) working days prior to

the expiration of the leave period the employee must give notice in writing of his/her intent to

return to the position may be outdated and too long, and instead one (1) day notice should be

sufficient. The commenter additionally asks for clarification on what constitutes a notice of intent

to return.

Section IV.D.3.a.3. of the Law provides that no later than fifteen (15) working days prior to the

expiration of the leave period the employee must give notice in writing of his or her intent to return

to the position. The notice must be presented to the supervisor, and failure to provide written notice

will be interpreted to mean that the employee does not intend to return following the leave. The

position will be posted and filled through the selection process.

A fifteen (15) day notice period for an employee’s intent to return to their position after a leave of

absence may be included to ensure that there is adequate time for a department and supervisor to

plan and prepare for an employee’s return. The Legislative Operating Committee may consider

whether the fifteen (15) day notice requirement should be shortened. The Legislative Operating

Committee may make one of the following considerations in regard to this comment:

1. Section IV.D.3.a.3 of the Law should remain as currently drafted, and the requirement that

no later than fifteen (15) working days prior to the expiration of the leave period the

employee must give notice in writing of his or her intent to return to the position should

remain in the Law.

2. Section IV.D.3.a.3 of the Law should be revised to shorten the amount of working days

prior to the expiration of the leave period the employee must give notice in writing of his

or her intent to return to the position. If the Legislative Operating Committee makes this

determination, then the following revision is recommended:

3)

No later than fifteen (15) ___X___working days prior to the

expiration of the leave period the employee must give notice in writing of

his/her intent to return to the position. Notice must be presented to the

supervisor.

i.

Failure to provide written notice will be interpreted to mean

that the employee does not intend to return following the leave. The

position will be posted and filled through the selection process.

The Legislative Operating Committee should also consider whether the Law should address the

amount of notice that is required for an employee to provide written notice of their intent to return

to work after a leave of absence if the leave of absence is less than fifteen (15) days in length. If

the Legislative Operating Committee determines the Law should address leave of absences less

than fifteen (15) days in length, then the following revision is recommended:

3)

For a leave of absence longer fifteen (15) days or longer, no later

than fifteen (15) ___X___working days prior to the expiration of the leave

period the employee shall must give notice in writing of his/her intent to

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return to the position. For a leave of absence less than fifteen (15) days, no

later than ___X___ working days prior to the expiration of the leave period

the employee shall give notice in writing of their intent to return to the

position. Notice shall must be presented to the supervisor.

i.

Failure to provide written notice shall will be interpreted to

mean that the employee does not intend to return following the

leave. The position shall will be posted and filled through the

selection process.

The Legislative Operating Committee may also consider whether the Law needs additional

clarification as to what constitutes written notice.

LOC Consideration

The Legislative Operating Committee determined that this topic needs further discussion and

consideration to find a balance between ensuring enough notification is provided to the supervisor

regarding when to expect an employee to return, while also eliminating any undue burden to the

employee. The Legislative Operating Committee also determined that ”written notice” needs to be

defined in the Law.

Comments 50 through 89 – Authority of the Supervisor and the EEO Department:

Lisa Rauschenbach (written): The Complaint process is taking the majority of the authority away

from the Supervisor and giving it to the EEO Officers.

 EEO department currently only has two employees. They are difficult to get ahold of

currently.

 The EEO Officers don’t know the day to day operations in departments nor the

personalities of employees. This is what the Supervisor is for. The majority of a

Supervisor’s job is to manage employees.

 The EEO Officer will also have the ability to discipline employees with the approval

process going to the HRD Executive Director.

 The EEO Officer will have 10 days to investigate a complaint, allowing interviews of all

necessary staff. This is a potential disruption thru a department.

 In the EEO Officer investigation they notify the Supervisor and at the end they meet with

the Human Resources Executive Director to determine the final resolution and the EEO

Officer’s resolution is final.

Ultimately, this is taking the authority away from the Supervisors, crippling them within their

departments and giving all authority to HRD department. It opens the door for individuals to make

accusations against co-workers with no documentation, proof/evidence. It provides the ability to

disrupt departments for investigations and too much room for abuse of power.

If there is an issue with toxic work environments then the managers/directors should be held

accountable to make the work conditions better and safe for all their staff. The disciplinary process

should remain the same.

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The Blue book is written for employees and supervisors and not EEO. EEO should remain a neutral

entity at all times. The Personnel Policies book should be written for supervisors.

Instead of taking away managers and supervisors authority, why not build them up? These changes

affect the authority that supervisors/managers have and give it directly to HRD and the EEO

officers.

EEO/HRD should never have the authority to discipline outside of their department.

These amendments sound like EEO is frustrated with poor management and has decided to take

away the managers ability to manage. These amendments sound like they would create more chaos

within an area than help it.

Supervisors know their frontline staff intimately and are better equipped to handle complaints and

disciplines. How will an EEO know an employee and their work habits, ethics etc when

investigating a complaint?

The EEO should never be responsible party for issuing a discipline.

Kelly Skenandore-Holtz (oral): Good Afternoon, Kelly Skenandore-Holtz. I have some

comments and questions about the section where EEO will be initiating disciplinary action in lieu

of the supervisors in an EEO issue or illegal activity, I believe is the verbiage. My question is,

what research has been done regarding the implications of this decision? Umm, in the operations

of the organization. What other alternatives have been explored versus EEO issuing the

disciplines?

And then a comment that, there is, it feels as though there is a lot of support for leadership

development in this organization and this process eliminates umm, the need for leadership

development. It eliminates the ability for supervisors to take the action. It also eliminates

supervisors’ authority. And is there a set process of how if EEO is issuing disciplinaries, what it

will be the process as to how they determine what level of disciplinary action will take place and

then what will be the appeal process, if anything, for supervisors that don't agree with the level of

discipline that has been issued.

Tina Jorgensen (oral): I was going to submit written comments in addition, but I think I'd like to

also reiterate what Kelly had said about the complaint process. I disagree with changing the

complaint process and putting it in the hands of fully of the EEO Department. It appears in reading

through those flow charts and through the proposed amendments that there is, this is being put in,

and this is my opinion, that it's being put in place because there's a distrust in the supervisors

actually doing their duties and responsibilities with the complaint process and holding employees

accountable. And we have in the past, several times, put things in place because of distrust. And I

think instead there should be more efforts to educate supervisors, maybe require more leadership

development. And educate on the process and the responsibilities. And then also for area managers

to hold those in, those supervisors or managers accountable instead of putting this in the hands of

a different department.

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Louise Cornelius (oral): : I just wanted to add my comments to Kelly Skenandore-Holtz on the

umm, on the EEO process on the disciplinary action, I don't agree with them issuing the

disciplinary action. I think again, I concur with her, and it eliminates the supervisor’s authority.

They're not familiar with what exactly is going on when those type of things are required, but I do,

umm I do know that they do consult with them before issuing any type of disciplinary action with

our employees. So, I think that works fine as it is, not to give them that authority. Thank you.

Matthew W. Denny (written): In regards to the OPP Amendments…I am against the proposed

amendment that allows the EEO office to investigate and issue disciplinary action. For whatever

reason!

As it was explained by Matt J Denny, EEO Director, that the purpose of this amendment is because

supervisors do not do or know how to do disciplinary action when it comes to EEO violations

and/or Illegal activities.

This is a problem with the training of the supervisor and/or Area Manager. The problem is not

solved by taking this duty away from the supervisor, and giving it to another entity who does not

discipline. The problem gets fixed by training the supervisor, and holding them accountable when

they do not perform their duties correctly, just like any other employee. This seems to be the real

issue to the problem.

The EEO office has been designated as an impartial entity in regards to disciplinary actions. They

currently have authority to void disciplinary actions that have clear procedural errors. This office

looks out for employees of the Nation, and the Nation, not just the Nation. Giving them authority

to discipline employee takes away their impartial status in the disciplinary procedure, and makes

them a tool of the Nation only. The proposal also talks about who hears appeals of EEO initiated

disciplines, which is different then any other procedure. This causes confusion and is unnecessary.

By having a properly trained Supervisors and Area Managers, this issue, large or small, will be

fixed. Giving another entity who is not the employee’s supervisor, disciplinary authority, is NOT

the answer, and opens doors that should not be opened. Ignorance and laziness of Supervisors and

Area Managers must be addressed by HRD and the OBC with training. Proposed solution: Make

this issue an requirement for Supervisors/Area Managers before they can discipline, just like

Interview Training is required before Hiring. Make EEO do the training. Good Day.

Jackie Smith (written): 3. Reconsider the power and authority of the EEO department in

managing complaints

a. It is not recommended that HRD EEO has the ability to determine the outcome of an

employee in a complaint investigation without input and possibly appeal rights of the

supervisor.

b. HRD as an overall program hasn’t been held accountable to deliver on current HRD

laws, it is uncertain how this lack of oversight and accountability will be managed in the

future.

Lisa Duff on behalf of Gaming Senior Management (written): Complaints, Disciplinary

Actions and Grievance Processes

Personnel Policies and Procedures Amendments

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Section V- Employee Relations

Line 704-707: In all cases of grievance and discipline, supervisors are enjoined to use common

sense, discretion and judicious good sense to resolve complaints between employees, exercise

disciplinary prerogatives and handle grievances.

Blue book is written for employees and supervisors, not EEO. EEO should not have authority to

take disciplinary action on an employee. EEO is HRD who should remain a neutral entity at all

times.

Lisa Duff on behalf of Gaming Senior Management (written): EEO Violations: Agree that

EEO violations should be investigated by EEO but they should not have the authority to discipline.

HRD needs to remain neutral and not be involved in disciplining an employee they do not

supervise. EEO should continue to submit their recommendation to the immediate supervisor of

the employee after they have completed their investigation. HR's job is to support the nations

employees, supervisors, managers etc., not to dictate how they operate or take over their job

responsibilities. EEO must ensure that the supervisor is taking proper corrective measures and

advise the decision makers on processes and points of law as well as informing them how historical

cases have been treated, to ensure consistency. EEO should not be disciplining an employee they

do not supervise.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1069-1070: The supervisor

or EEO Officer shall fill out a disciplinary action from within five (5) working days or either:

Remove “or EEO Officer” from this process. This should not be within their authority to discipline

employees they do not supervise. The current disciplinary procedure first states “Supervisor

becomes aware of unsatisfactory work performance or violation. Supervisor investigates through

a meeting with the employee(s) and determines whether disciplinary action is warranted” This is

one of the most important steps in the procedure. It clearer written the current way than what is

written in the new process lines 1071 -1074.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1071-1074: the resolution

of a complaint from which it has been determined that disciplinary action is warranted, or the

determination that disciplinary action is warranted based on the unsatisfactory work performance

of an employee.

Line 1075: The supervisor or EEO Officer shall fill out the disciplinary action form…

Remove “or EEO Officer” as this should not be within their authority as they are not the immediate

supervisor of the employee.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1082-1084: The supervisor

or EEO Officer shall promptly hold a meeting with the employee to discuss the disciplinary action

form with the employee and identify a corrective action.

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Remove “or EEO Officer” as this should not be within EEO authority, as they need to remain a

neutral entity.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1085-1086: The meeting

between the supervisor or EEO Officer and the employee may occur in person, through video

conferencing, or over the telephone.

Remove “or EEO Officer” as they should not be disciplining employees they do not supervise.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1087: During the meeting

the supervisor or EEO Officer shall discuss the disciplinary action with the employee…

Remove “or EEO Officer” should not have authority to discipline employees they do not supervise

as HR needs to remain a neutral entity.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1095-1096: “or EEO

Officer” is mentioned twice and should be removed from the procedure as it is not within the EEO

Officers authority issue disciplinary action against an employee they do not supervise.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1099: the supervisor or

EEO Officer shall provide copies of the signed disciplinary action…

Remove “or EEO Officer” as it should not be within EEO’s authority to issue disciplinary action

to employees they do not supervise. EEO needs to remain a neutral entity.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1132-1133: The Human

Resources Executive Director, or designee, may void a disciplinary action taken by an EEO Officer

for clear procedural errors.

Remove these lines as EEO Officers should not have authority to issue disciplinary actions against

employees they do not supervise.

Lisa Duff on behalf of Gaming Senior Management (written): Line 1134-1135: Notification of

a voided disciplinary action shall be sent to the supervisor or EEO Officer and the employee which

identifies the procedural error.

Remove “or EEO Officer” as they should not have authority to issue disciplinary action to

employees they do not immediately supervise. Only the immediate supervisor has authority to take

action against an employee.

Lisa Duff on behalf of Gaming Senior Management (writte

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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