Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 02-09-22-A

Amendments to the Furlough 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 Nation’s Furlough Policy, which will be referred to as the Furlough law (“Law”) upon

adoption of the proposed amendments, was established by the Oneida Business

Committee (“OBC”) on November 10, 2015, through adoption of resolution BC-11-10-15B, to enable the Nation to implement a furlough as a tool to remedy an operating budget

deficit when a decrease or lapse of revenue or funding and/or any other budget situation

warranting an unpaid leave is identified; and

WHEREAS,

on October 7, 2020, the Legislative Operating Committee (“LOC”) added this item to the

Active Files List to incorporate Indian preference into the Law, as well as provide clarity

regarding certain other processes within the Law that were flagged for review following the

recent furlough program that was implemented in response to the COVID-19 pandemic;

and

WHEREAS,

the LOC worked collaboratively with representatives from the Human Resources

Department, General Manager – Retail, Employee Relations Department and Gaming

Employee Services to develop the amendments to this Law; and

WHEREAS,

the amendments to this Law incorporate Indian preference into the Law and require that it

be applied to the Nation’s furlough programs in accordance therewith; and

WHEREAS,

the amendments to this Law add priority levels to govern the order for placing into furlough

status and recalling back to work those employees who remain after the application of

Indian preference; and

WHEREAS,

the amendments to this Law clarify the process for preparing, initiating and implementing

a furlough program, by, in pertinent part:

 Setting conditions and clear procedures, as well as express prohibitions, for when

and how a furlough program may be initiated by the OBC;

 Setting conditions and clear procedures for how a furlough program should be

implemented by the Nation, once initiated; and

 Assigning responsibilities to specific persons/entities for carrying out certain

activities in accordance with the Law.

BC Resolution # 02-09-22-A

Amendments to the Furlough Law

Page 2 of 3

WHEREAS,

the amendments to this Law require that a furlough be initiated as either an emergency or

administrative program and then carried out in accordance therewith; and

WHEREAS,

the amendments to this Law allow the OBC to establish an ad hoc committee, made up of

employees of the Nation, to assist in the implementation of a furlough program; and

WHEREAS,

the amendments to this Law add more due process to the furlough programs by:

 Specifying how notice must be provided to employees of the Nation who are

subject to a furlough program;

 Requiring the Human Resources Department to add training on Indian preference

to its employee orientation program;

 Requiring Direct Report Level positions/supervisors, who are responsible under

the Law for carrying out some or all of a furlough program, to undergo training on

the application of the Law every two (2) years; and

 Broadening the scope of claims that an employee placed in furlough status can

bring on appeal under the Law.

WHEREAS,

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

statement were developed for the amendments to this Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance

with the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was then subsequently extended by the OBC until

March 22, 2022, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-1020-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A,

BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F and BC-01-12-22-B; and

WHEREAS,

resolution BC-08-03-21-A titled, Setting Public Gathering Guidelines during Public Health

State of Emergency—COVID-19, prohibits indoor and outdoor public gatherings when the

COVID-19 infection rates within Brown or Outagamie Counties exceed “Low” as identified

by the Wisconsin Department of Health Services; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period for the duration of the Public Health State of Emergency, but

allows members of the community to still participate in the legislative process by submitting

written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period; and

WHEREAS,

although a public meeting was not held on the proposed amendments to this Law, the

public comment period was still held open until November 11, 2021, for the submission of

written comments and no individuals submitted written comments during the public

comment period; and

BC Resolution # 02-09-22-A

Amendments to the Furlough Law

Page 3 of 3

NOW THEREFORE BE IT RESOLVED, that the amendments to the Furlough law are hereby adopted and

shall become effective on February 23, 2022.

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; 8 members

were present at a meeting duly called, noticed and held on the 9th day of February, 2022; that the forgoing

resolution was duly adopted at such meeting by a vote of 7 members for, 0 members 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."