Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 02-14-24-B

Amendments to the Drug and Alcohol Free Workplace Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Drug and Alcohol Free Workplace law (“the Law”) was adopted by the Oneida Business

Committee through resolution BC-10-25-95-A and amended by resolutions BC-10-20-99A, BC-12-05-07-B, BC-12-11-13-F, and BC-04-12-17-C; and

WHEREAS,

it is the policy of the Nation to establish a drug and alcohol-free workplace program that

balances respect for individuals with the need to maintain an alcohol and drug-free

environment; and

WHEREAS

currently, the Law provides that each employee, as a condition of employment, shall

participate in pre-employment, reasonable suspicion, and follow-up testing upon the

request of an appropriate authority, and that a negative test result is required for

employment eligibility; and

WHEREAS,

the proposed amendments to the Law require that all external and internal applicants

participate in pre-employment drug testing, and that a negative drug test result shall be

required for employment eligibility; and

WHEREAS,

the amendments to the Law further provide that an external applicant’s confirmed positive

THC test result shall be exempted from the requirement of a negative drug test result for

pre-employment eligibility unless prohibited by an external licensing or grant requirement;

and

WHEREAS,

once an individual is hired by the Nation, the employee is prohibited from the use of

prohibited drugs and alcohol during working hours, when on-call, and when operating a

vehicle owned by the Nation or a vehicle rented by the Nation; and

WHEREAS,

all employees of the Nation are required to participate in reasonable suspicion and followup testing upon the request of an appropriate authority, and a negative test result is

required for unimpeded employment eligibility; and

BC Resolution # 02-14-24-B

Amendments to the Drug and Alcohol Free Workplace Law

Page 2 of 2

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Oneida Law Office, Human Resources

Department, Gaming, and Employee Health Nursing; and

WHEREAS,

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

statement were completed for the proposed amendments to the Law; and

WHEREAS,

a public meeting for the proposed amendments to this Law was held on February 15,

2023,with six (6) individuals providing oral comments, and the public comment period for

the amendments to this Law was held open until February 22, 2023, with four (4) individuals

providing written comments; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments

received on December 20, 2023, and any changes have been incorporated into this draft;

and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Drug and Alcohol Free Workplace law which shall become effective on March 4, 2024.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 14th day of February, 2024; that the forgoing

resolution was duly adopted at such meeting by a vote of 7 members for, 1 member against, and 0 members

not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."