Oneida Business Committee (2025)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

August 20, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. August 6, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Independent Contractor Law Amendments (pg. 4)

2. Workplace Violence Law Amendments (pg. 18)

3. Public Use of Tribal Land Law Amendments (pg. 48)

IV.

New Submissions

1. Disposition of Excess Tribal Property Policy Repeal or Amendments (pg. 62)

2. Child Custody, Placement, and Visitation Law Amendments (pg. 71)

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the LOC FY25 Third Quarter Report (pg. 77)

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

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

August 6, 2025

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore

Excused: Kirby Metoxen

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Billie J. Cornelius-Adkins

Others Present on Microsoft Teams: Patricia Charnon, David Jordan, Eric Boulanger, Melissa

Alvarado, Rhiannon Metoxen, Fawn Cottrell, Terri Schilz, Jason Martinez, Louise Cornelius,

Michelle Tipple, Peggy Helm-Quest, Fawn Billie, Rae Skenandore, Sarah White, Taryn Webster,

Tavia James-Charles

Call to Order and Approval of the Agenda

Jameson Wilson called the August 6, 2025, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. July 2, 2025 LOC Meeting Minutes

Motion by Jennifer Skenandore to approve the July 2, 2025 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Marlon Skenandore. Motion

carried unanimously.

III.

Current Business

1. Independent Contractor Law Amendments

Motion by Jonas Hill to approve the draft of the Independent Contractors Law

Amendments and direct the Legislative Reference Office to complete a Legislative

Analysis; seconded by Jennifer Webster. Motion carried unanimously.

IV.

New Submissions

1. Marriage Law Amendments

Motion by Jonas Hill to add the Marriage Law Amendments to the Active Files List with

Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion carried

unanimously.

GOOOQO;

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

Legislative Operating Committee Meeting Minutes of August 6, 2025

Page 1 of 2

ONEIDA

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Additions

VI.

Administrative Updates

1. Approval of the Fall LOC Community Meeting Notice

Motion by Jennifer Webster to approve the Fall LOC community meeting notice and

schedule a community meeting to be held on September 17, 2025; seconded by Marlon

Skenandore. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:15 a.m.; seconded by Jonas Hill. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of August 6, 2025

Page 2 of 2

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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

August 20, 2025

Independent Contractors

Submission Date: 6/19/24

LOC Sponsor: Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on June 19, 2024, at the request of RaLinda NinhamLamberies, the Nation’s Chief Financial Officer. Amendments are being sought to update the law,

specifically sections 503.5-1 and 503.5-2 to ensure the Nation is adequately reporting any independent

contractor relationships to the IRS.

6/19/24 LOC: Motion by Kirby Metoxen to add the Independent Contractor Policy Amendments to the

Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion

carried unanimously.

9/16/24:

Work Meeting. Present: Jonas Hill, Kirby Metoxen, Fawn Cottrell, Fawn Billie, Kristal Hill,

Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Tonya Webster, Marque

Smith, Thomas Eggert, Carolyn Salutz, Clorissa Leeman. The purpose of this work meeting

was to review the changes to the law the LRO currently has; it’s been since 2017 that our

office has worked on amendments. Carolyn specifically wanted to review section 503.5.

Most concerns focused on establishing requirements for independent contractors to correctly

report/license/contract and how to ensure and require proper classification for the Nation to

reduce liability and tax penalties.

11/08/24:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi

Janowski, Marques Smith, Thomas Eggert, Jameson Wilson, Jennifer Webster, Marlon

Skenandore, Kristal Hill, Maureen Perkins, Carolyn Salutz. The purpose of this work meeting

was to continue reviewing the draft. We did a line-by-line review of the entire draft. Ralinda

mentioned that the IRS just came out with guidance about independent contractor

classification and about board members no longer being classified/considered employees and

now being independent contractors. It was mentioned that this change might warrant its own

meeting to discuss implications. Mentioned that some independent contractors do use their

individual SSN, like doctors. (Carolyn will have to research that) Other than that, minor

changes were discussed, like wording and numbering.

1/23/25:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi

Janowski, Tonya Webster, Alexandria Powless, Marques Smith, Kong Meng Moa, Thomas

Eggert, Beth Schirck Smith, Jameson Wilson, Jennifer Webster, Kristal Hill, Maureen

Perkins, Fawn Billie, Carolyn Salutz. The purpose of this meeting was to review the newest

amendments; the law is short; we did a line-by-line review. Sarah and Ralinda gave the most

suggestions, and mentioned they will send written suggestions. Once Carolyn gets those

written suggestions, she’ll make those changes and then schedule the next work meeting.

Page 1 of 2

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

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4/29/25:

Work Meeting. Present: Stephani Metoxen, Sarah White, Ralinda Ninham-Lamberies, Heidi

Janowski, Tonya Webster, Marque Smith, Kong Meng Moa, Thomas Eggert, Beth Schirck

Smith, Jameson Wilson, Jennifer Webster, Kristal Hill, Carolyn Salutz, Clorissa Leeman. The

purpose of this meeting is to review the latest draft. We did a line-by-line review and then

discussed some sections. Most discussion was around conflict of interest and when an

employee may not be hired as an independent contractor.

6/20/25:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Tonya

Webster, Marques Smith, Kong Meng Moa, Thomas Eggert, Beth Schirck Smith, Jameson

Wilson, Kirby Metoxen, Marlon Skenandore, Kristal Hill, Carolyn Salutz. The purpose of

this work meeting was to review the latest draft. We did a read-through, noting the only

change that was made since the last work meeting, which starts on line 145. It was mentioned

that the order of approval needs to be changed. Right now, under section 503.7, the law has:

insurance, contract, purchase order, tax ID, vendor license. The correct order should be

license, insurance, tax ID, purchase order, contract. There was brief discussion about

insurance approval requirements, but nothing that needs to be or should be addressed in this

law. In lines 145-150 “department” should be changed to “division.” No other suggestions

were made.

7/31/25:

Work Meeting. Present: Sarah White, Marques Smith, Kong Meng Moa, Thomas Eggert,

Sarah Miller Jessica King, Alexandria Powless, Heidi Janowski, Jameson Wilson, Marlon

Skenandore, Kirby Metoxen, Fawn Cottrell, Carolyn Salutz. The purpose of this work

meeting was for the LOC to do one final read-through with the group and approve a final

draft. Group did complete a read-through. Carolyn needs to make a few grammatical changes

and correct section numbers. Sarah White also had a suggestion on line 121-122 and will

send Carolyn suggested language. Once Carolyn can make these final changes, ideally be

tomorrow (Friday, 8/1/25), we can add the draft to the LOC’s next meeting on 8/6.

8/12/25:

Memo to LOC. On Tuesday, August 12, 2025, the LOC received a memo from Law Office

attorney Peggy Van Gheem with some suggestions for edits to the draft. On August 13, 2025,

the drafting attorney, Carolyn Salutz, incorporated those edits.

Next Steps:

▪ Accept the updated draft, legislative analysis, and direct the Legislative Reference Office to

schedule a public meeting.

Page 2 of 2

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

ONEIDA

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Title 5. Business – Chapter 503

INDEPENDENT CONTRACTOR POLICY CONTRACTORS

503.1. Purpose and Policy

503.2. Adoption, Amendment, Repeal

503.3. Definitions

503.4. Application

503.45. Worker Classification

503.56 Form of Contract

503.67 Approval Requirements

503.7 Conflict of Interest

503.1. Purpose and Policy

503.1-1. Purpose. The purpose of this Independent Contractor Policylaw is to require proper worker

classification for compliance with tax regulations. regulate the hiring of persons to complete work in order

to minimize the costs of Independent Contractors.

503.1-2. Policy.

(a) It is the policy of the TribeNation to utilize Native American businesses to complete work that

the TribeNation is unable to complete through use of its own employees. All programs, enterprises,

and government agencies are encouraged to seek within their own employees those with expertise

in any matter before going to independent contractors.

(b) It is further the policy of the TribeNation that the order of preference, as set out in the

Tribe’sNation’s Indian Preference Law, be used in the selection of independent contractors and in

accordance with this law.

503.2. Adoption, Amendment, Repeal

503.2-1. This policylaw was adopted by motion of the Oneida Business Committee by motion on July 27,

1994, and was amended by resolution BC-02-27-13-A.

503.2-2. This policylaw may be amended pursuant to the procedures set out in Tribal lawor repealed by the

Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the

Legislative Procedures Act.

503.2-3. Should a provision of this policylaw or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this policylaw which are considered to

have legal force without the invalid portions.

503.2-4. In the event of a conflict between a provision of this policylaw and a provision of another

policylaw, the provisions of this policylaw shall control.

503.2-5. This policylaw is adopted under authority of the Constitution of the Oneida Tribe of Indians of

WisconsinNation.

503.3. Definitions

503.3-1. This section shall govern the definitions of words and phrases used within this law. All words not

defined herein shall be used in their ordinary and everyday sense.

(a) “Deliverable” means quantifiable goods and tangible or intangible products to be provided upon

the completion of a project. an object with specified content and format and must be adequately

described as to final content.

(b) “Employee” means any individual who would qualify as an ‘employee’ of the Nation according

to the Fair Labor Standards Act and the most current guidance issued from the U.S. Department of

Labor and the U.S. Internal Revenue Service. is employed by the Tribe and is subject to the

direction and control of the Tribe with respect to the material details of the work performed, or who

has the status of an employee under the usual common law rules applicable to determining the

employer-employee relationship. “Employee” includes, but is not limited to, individuals employed

by any program or enterprise of the Tribe, but does not include elected or appointed officials or

individuals employed by a Tribally Chartered Corporation. For purposes of this policy law,

5 O.C. 503 – Page 1

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individuals employed under an employment contract as a limited term employee are employees of

the Tribe Nation, not consulted independent contractors.ants.

managed by an individual who is employed as an employee by the Tribe. Nation. An eEmployeeowned business entity includes, but is not limited to, a partnership, corporation, or limited liability

company.

(d) “Independent contractor” means an individual who would qualify as an ‘independent

contractor’ for the Nation according to the Fair Labor Standards Act and the most current guidance

issued from the U.S. Department of Labor and the U.S. Internal Revenue Service. receives

payments for services or deliverables, and who receives any tax reporting form other than a W-2 at

the end of a taxable year.

(e) “Nation” means the Oneida Nation.

(f) “Scope of work” means the total deliverables or services to be performed by an independent

contractor upon completion of the work the independent contractor was hired to complete.

(g) “Service” means an action performed by an independent contractor and must be adequately

described as to the actions that will be taken and the final result of those actions taken. (f) “Tribal”

or “Tribe” means the Oneida Tribe of Indians of Wisconsin.

503.4 Worker Classification

503.4-1. The Nation must classify a worker as either an employee or an independent contractor according

to the Fair Labor Standards Act and should use the most current guidance issued from the U.S.

Department of Labor and the U.S. Internal Revenue Service.

503.56. Form of Contract

503.56-1. All contracts with the TribeNation shall be in a the format approved by the Oneida Law Office.

All departments, programs, enterprises, and other agencies of the TribeNation shall use Oneida Law Officeapproved contracts.

503.56-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida

Purchasing Department. An approved purchase order is required prior to execution of a contract. before

being executed.

503.56-3. At a minimum, the Oneida Law Office review shall verify consist of the following: (a)

verification that:

(a) sovereign immunity has not been waived;

verification that Independent Contractor

(b) worker classification, according to the most recent guidance from the U.S Department of Labor

and the U.S. Internal Revenue Service, is accurate; and status has not been violated; and verification

that

and adequately describesption of services the scope of work, payment, and other similar items.

503.67. Approval Requirements

503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review and

approve a contract according to the requirements of section 503.5 of this law.

503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on the

approved contract in accordance with the Oneida Nation procurement sign-off authority.

503.6-3. Vendor License. Unless an independent contractor is exempted from the requirements of obtaining

a vendor license, the independent contractor will be issued a vendor license, subject to any other

requirements of the Nation’s Vendor Licensing law.

503.6-4. Insurance. Before the independent contractor performs any work, the independent contractor must

demonstrate proof of appropriate and adequate insurance coverage.

5 O.C. 503 – Page 2

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(a) What constitutes appropriate and adequate insurance coverage will be determined by the

Nation’s Risk Management Department and will be based upon the scope of work.

503.6-5. Tax Identification. Before an independent contractor begins work, they are required to submit tax

identification information to the Nation through one of following:

(a) Employer Identification Number.

(b) Social Security Number. If an independent contractor operates a sole proprietorship, their

default tax identification number may be their social security number.

is not eligible for a social security number.

503.6-6. Release of liability. An independent contractor may not begin work until a contract is executed

according to the requirements of section 503.5 of this law and all other approval requirements of section

503.6 are met. If an independent contractor begins work before the requirements of section 503.5 and 503.6

are met, the Nation is released of potential liability.

503.7. Conflict of Interest

503.7-1. The TribeNation may hire an individual who is alsocontract with an employee or an employeeowned business entity of the Tribe as an independent contractor, if:

(a) all requirements of section 503.6 of this law are met;

(b) the work services performed by the individual as an employee of the Tribe are not related to the

services is not related to the scope of work to be provided by the individual as an independent

contractor;

(1) even if the employee qualifies for Indian preference as an independent contractor; and

even if the employee were the only independent contractor who would qualify for Indian

preference, this requirement still applies;

(2) if the work performed by the employee does relate to the scope of work the employee

or the employee-owned business entity would provide the Nation as an independent

contractor, the Nation may still contract with that employee or employee-owned business

entity as long as the Nation contracts with that employee or employee-owned business

entity as an independent contractor in a different division than the division in which the

employee works.

the compensation received by the individual for the scope of work services to be provided as an

independent contractor;

(d) the individual is engaged in an independent trade, business, or profession that is traditionally

pursued by an independent contractor, and the scope of work services to be provided by the

individual as an independent contractor relates to such trade, business, or profession, and the Nation

has no significant investment in that business entity; and (d) the individual offers services as an

Independent Contractor in such trade, business or profession to the general public.

(e) the individual offers services or deliverables as an independent contractor in such trade,

business, or profession to the public.

503.7-6. The Tribe may engage an employee-owned business entity as an independent contractor if the

following conditions are met:

(a) the employee-owned business entity has a valid Tax Identification Number which is different

than the employee’s Social Security number.

(b) the Tribe has no right to direct or control the employees of the employee-owned business entity;

and

business entity, not to an individual.

End.

5 O.C. 503 – Page 3

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Adopted - 7-27-94, motion

Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7 )

Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7 )

Emergency Amended – BC-04-25-12-E

Emergency Extension Amended – BC-10-10-12-B

Amended – BC-02-27-13-A

5 O.C. 503 – Page 4

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Title 5. Business – Chapter 503

INDEPENDENT CONTRACTORS

503.1. Purpose and Policy

503.2. Adoption, Amendment, Repeal

503.3. Definitions

503.4. Worker Classification

503.5 Form of Contract

503.6 Approval Requirements

503.7 Conflict of Interest

503.1. Purpose and Policy

503.1-1. Purpose. The purpose of this law is to require proper worker classification for compliance with

tax regulations.

503.1-2. Policy.

(a) It is the policy of the Nation to utilize Native American businesses to complete work that the

Nation is unable to complete through use of its own employees. All programs, enterprises, and

government agencies are encouraged to seek within their own employees those with expertise in

any matter before going to independent contractors.

(b) It is further the policy of the Nation that the order of preference, as set out in the Nation’s Indian

Preference Law, be used in the selection of independent contractors and in accordance with this

law.

503.2. Adoption, Amendment, Repeal

503.2-1. This law was adopted by the Oneida Business Committee by motion on July 27, 1994, and

amended by resolution BC-02-27-13-A.

503.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

503.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as

invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force

without the invalid portions.

503.2-4. In the event of a conflict between a provision of this law and a provision of another law, the

provisions of this law shall control.

503.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

503.3. Definitions

503.3-1. This section shall govern the definitions of words and phrases used within this law. All words not

defined herein shall be used in their ordinary and everyday sense.

(a) “Deliverable” means quantifiable goods and tangible or intangible products to be provided upon

the completion of a project.

(b) “Employee” means any individual who would qualify as an ‘employee’ of the Nation according

to the Fair Labor Standards Act and the most current guidance issued from the U.S. Department of

Labor and the U.S. Internal Revenue Service. ‘Employee’ does not include elected or appointed

officials. For purposes of this law, individuals employed under an employment contract as a limited

term employee are employees of the Nation, not consulted independent contractors.

an individual who is employed as an employee by the Nation. An employee-owned business entity

includes, but is not limited to, a partnership, corporation, or limited liability company.

(d) “Independent contractor” means an individual who would qualify as an ‘independent

contractor’ for the Nation according to the Fair Labor Standards Act and the most current guidance

issued from the U.S. Department of Labor and the U.S. Internal Revenue Service.

(e) “Nation” means the Oneida Nation.

5 O.C. 503 – Page 1

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(f) “Scope of work” means the total deliverables or services to be performed by an independent

contractor upon completion of the work the independent contractor was hired to complete.

(g) “Service” means an action performed by an independent contractor and must be adequately

described as to the actions that will be taken and the final result of those actions.

503.4 Worker Classification

503.4-1. The Nation must classify a worker as either an employee or an independent contractor according

to the Fair Labor Standards Act and should use the most current guidance issued from the U.S.

Department of Labor and the U.S. Internal Revenue Service.

503.5. Form of Contract

503.5-1. All contracts with the Nation shall be in a format approved by the Oneida Law Office. All

departments, programs, enterprises, and other agencies of the Nation shall use Oneida Law Office-approved

contracts.

503.5-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida Purchasing

Department. An approved purchase order is required prior to execution of a contract. 503.5-3. At a

minimum, the Oneida Law Office shall verify:

(a) sovereign immunity has not been waived;

(b) worker classification, according to the most recent guidance from the U.S Department of Labor

and the U.S. Internal Revenue Service, is accurate; and

adequately describes the scope of work, payment, and other similar items.

503.6. Approval Requirements

503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review and

approve a contract according to the requirements of section 503.5 of this law.

503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on the

approved contract in accordance with the Oneida Nation procurement sign-off authority.

503.6-3. Vendor License. Unless an independent contractor is exempted from the requirements of obtaining

a vendor license, the independent contractor will be issued a vendor license, subject to any other

requirements of the Nation’s Vendor Licensing law.

503.6-4. Insurance. Before the independent contractor performs any work, the independent contractor must

demonstrate proof of appropriate and adequate insurance coverage.

(a) What constitutes appropriate and adequate insurance coverage will be determined by the

Nation’s Risk Management Department and will be based upon the scope of work.

503.6-5. Tax Identification. Before an independent contractor begins work, they are required to submit tax

identification information to the Nation through one of following:

(a) Employer Identification Number.

(b) Social Security Number. If an independent contractor operates a sole proprietorship, their

default tax identification number may be their social security number.

is not eligible for a social security number.

503.6-6. Release of liability. An independent contractor may not begin work until a contract is executed

according to the requirements of section 503.5 of this law and all other approval requirements of section

503.6 are met. If an independent contractor begins work before the requirements of section 503.5 and 503.6

are met, the Nation is released of potential liability.

503.7. Conflict of Interest

503.7-1. The Nation may contract with an employee or an employee-owned business entity as an

independent contractor if:

5 O.C. 503 – Page 2

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(a) all requirements of section 503.6 of this law are met;

(b) the work performed by the individual as an employee is not related to the scope of work to be

provided as an independent contractor;

(1) even if the employee qualifies for Indian preference as an independent contractor; and

even if the employee were the only independent contractor who would qualify for Indian

preference, this requirement still applies;

(2) if the work performed by the employee does relate to the scope of work the employee

or the employee-owned business entity would provide the Nation as an independent

contractor, the Nation may still contract with that employee or employee-owned business

entity as long as the Nation contracts with that employee or employee-owned business

entity as an independent contractor in a different division than the division in which the

employee works.

compensation received by the individual for the scope of work to be provided as an independent

contractor;

(d) the individual is engaged in an independent trade, business, or profession that is traditionally

pursued by an independent contractor, the scope of work to be provided by the individual as an

independent contractor relates to such trade, business, or profession, and the Nation has no

significant investment in that business entity; and

(e) the individual offers services or deliverables as an independent contractor in such trade,

business, or profession to the public.

End.

Adopted - 7-27-94, motion

Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7)

Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7)

Emergency Amended – BC-04-25-12-E

Emergency Extension Amended – BC-10-10-12-B

Amended – BC-02-27-13-A

5 O.C. 503 – Page 3

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INDEPENDENT CONTRACTORS

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

▪

Rename the law from “Independent Contractor Policy” to “Independent

Contractors.” [5 O.C. 503].

Clarify that the purpose of this law is to require the Nation to properly classify

its workers for compliance with tax regulations. [5 O.C. 503.1-1].

Clarify in the definitions what it means to be an “employee” versus an

“independent contractor.” [5 O.C. 503.3-1(b); 503.3-1(d)].

Clarify in the definitions what it means to have the “scope of work”, including

updated definitions of “deliverables” and “services.” [5 O.C. 503.3-1(f); 5

O.C. 503.3-1(a); 5 O.C. 503.3-1(g)].

Add in a requirement that the Nation must categorize all workers as either an

independent contractor or an employee according to guidance issued from the

U.S Department of Labor, the U.S Internal Revenue Service and according to

the Fair Labor Standards Act. [5 O.C. 503.4].

Clarify the approval requirements for an independent contractor; including,

contract, purchase order, vendor license, and tax identification number. [5

O.C. 503.6].

Clarify conflict of interest. It will not be a conflict of interest for the Nation to

hire an employee as an independent contractor if it is within a different

division than the division in which the employee works, even if the work the

employee would be providing as an independent contractor is substantially

similar to the work they do as an employee. [5 O.C. 503.7].

Various grammatical changes and other minor changes throughout the law.

Purpose

The purpose of this law is to require proper worker classification for compliance

with tax regulations. [5 O.C. 503.1-1].

Affected Entities

The Nation’s Finance Department, the Purchasing Department, the Licensing

Department, the Risk Management Department, the Oneida Law Office, all Oneida

Nation employees and visitors, and all current and future independent contractors

for the Nation.

Related Legislation

Oneida Vendor Licensing law, Indian Preference in Contracting law, Fair Labor

Standards Act.

Page 1 of 5

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Analysis to Draft 2

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Enforcement

The Independent Contractors law requires the Nation to classify all workers as

either an employee or an independent contractor. [5 O.C. 503.4]. The law also

requires the Oneida Law Office to review and approve the contract for services;

making sure the Nation has not waived sovereign immunity, worker classification

is correct, and the contract sufficiently protects the Nation, and describes the

scope of work. [5 O.C. 503.5-3].

The law further specifies the approval requirements for any independent

contractor. [5 O.C. 503.6].

Due Process

The Independent Contractors law requires the Oneida Law Office, the Oneida

Purchasing Department, and the Oneida Risk Management Department to assist an

independent contractor in executing a contract, obtaining a vendor license, if

necessary, verifying insurance, and submitting appropriate tax information. [5 O.C.

503.6].

Public Meeting

A public meeting has not yet been held.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

SECTION 3. CONSULTATION AND OUTREACH

A. Background. The Independent Contractor Policy was originally adopted by the Oneida Business

Committee on July 27, 1994, by motion. The Oneida Business Committee adopted emergency

amendments on February 15, 1995, through resolution BC-2-15-95-A; on July 5, 1995, through

resolution BC-7-5-95-B; on April 25, 2012, through resolution BC-04-25-12-E and extended those

emergency amendments on October 10, 2012, through resolution BC-10-10-12-B. The Oneida

Business Committee adopted amendments on February 27, 2013, through resolution BC-02-27-13-A.

B. Request for Amendments. This item was added to the Active Files List on June 19, 2024, at the request

of RaLinda Ninham-Lamberies, the Nation’s Chief Financial Officer, to update sections 503.5-1 and

503.5-2 to ensure the Nation is adequately reporting to the IRS any independent contractor

relationships. The sponsor of the Independent Contractor Policy amendments is Councilman Jonas Hill.

▪

•

Representatives from the following departments participated in the development of the amendments to

this Law:

▪ Finance Department;

▪ Purchasing Department;

▪ Licensing Department;

▪ Risk Management Department; and

▪ Oneida Law Office;

The following laws and policies of the Nation were reviewed in the drafting of this analysis:

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•

▪ Vendor Licensing law [5 O.C. 506]; and

▪ Indian Preference in Contracting [5 O.C. 502]

The following laws and policies of the United States were reviewed in the drafting of this analysis:

▪ The Fair Labor Standards Act [29 USC §201-219];

▪ United States Department of Labor guidance, “Employee or Independent Contractor

Classification Under the Fair Labor Standards Act” [29 CFR 795].

SECTION 4. PROCESS

SECTION 5. CONTENTS OF THE LEGISLATION

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On June 19, 2024, the Legislative Operating Committee added this Law to its Active Files List

for amendments this legislative term an appointed Councilman Jonas Hill as the sponsor.

▪ On August 6, 2025, the Legislative Operating Committee approved the draft of the Independent

Contractor Policy amendments and directed that a legislative analysis be developed.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ September 16, 2024: LOC work meeting with the Finance Department, Indian Preference

Department, Purchasing Department, and Licensing Department;

▪ November 8, 2024: LOC work meeting with Finance Department and Purchasing Department;

▪ January 23, 2025: LOC work meeting with Finance Department, Purchasing Department, and

Licensing Department;

▪ April 29, 2025: LOC work meeting with Finance Department, Indian Preference Department,

Purchasing Department, and Licensing Department;

▪ June 20, 2025: LOC work meeting with Finance Department, Indian Preference Department,

Purchasing Department, and Licensing Department;

▪ July 31, 2025: LOC work meeting with the Finance Department and Purchasing Department

where the LOC informally approved the final draft.

A. Purpose of the Law. The proposed amendments to the Law clarify it is the purpose of this law to

require the Nation to properly classify its workers for compliance with tax regulations. [5 O.C. 503.11].

▪ Effect. The proposed amendments clarify that the Nation will classify all workers as either

employees or independent contractors for compliance with Federal law and tax regulations.

B. Redefining “employee” and “independent contractor” and clarifying “Worker Classification.” The

proposed amendments require the Nation to follow Federal law and guidance issued from the U.S.

Department of Labor and the U.S. Internal Revenue Service when classifying a worker as either an

employee or an independent contractor. [5 O.C. 503.3-1(b); 503-1(d); 503.4].

▪ Effect. The proposed amendments make clear that the Nation is required to follow Federal law

and can use the most recent guidance from the U.S. Department of Labor and the U.S. Internal

Revenue Service when classifying a worker as either an employee or an independent contractor.

It is easier for the Nation to reference Federal law and guidance because it changes so often.

C. Clarifying the “Form of Contract.” The proposed amendments clarify the requirements for the Nation

to approve a contract with an independent contractor. The proposed amendments clarify that all

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contracts between the Nation and an independent contractor must meet the requirements of this law;

which means all contracts: must not waive sovereign immunity; must accurately classify an

independent contractor according to Federal law and Federal guidance; and must adequately protect the

Nation’s assets. [5 O.C. 503.5].

D. Redefining approval requirements. The proposed amendments clarify the approval requirements

between the Nation and an independent contractor. [5 O.C. 503.6].

▪ Effect. These proposed amendments clarify what is needed in order for the Nation to approve

the work of an independent contractor; making it easier for the Nation and all independent

contractors to identify what is needed.

E. Clarifying Conflict of Interest. The proposed amendments clarify that even if the services an

independent contractor would provide are related to the work that the independent contractor might

perform for the Nation as an employee, the Nation can still hire that employee as an independent

contractor in a different division than the division in which that independent contractor works as an

employee. [5 O.C. 503.7].

▪ Effect. This proposed amendment allows the Nation to contract with employees but still

protects the Nation by requiring any employee that may be hired as an independent contractor,

be hired in a different division from the division where that employee works as an employee.

F. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

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SECTION 6. EXISTING LEGISLATION

A. Related legislation. The following laws and policy of the Nation are related to the proposed

amendments to this law:

▪ Vendor Licensing. The Vendor Licensing law is currently being amended. One proposed

amendment is to change the purpose of the Vendor Licensing law. Currently the purpose of the

Vendor Licensing law is to regulate and license all vendors who provide a service for and do

business with the Oneida Nation and provide revenue for the Nation by collecting fees from

vendors for a license to perform a service for or do business with the Nation. [5 O.C. 506.1-1].

The proposed amendments make the purpose of the Vendor Licensing law to regulate and

license vendors who provide deliverables or services for and do business with the Oneida

Nation and ensure the Nation’s safety, regulate compliance, minimize risk, and protect the

Nation’s assets. [5 O.C. 506.1-1].

▪ According to the Vendor Licensing law, any vendor that is not exempt from

obtaining a vendor license must follow certain procedures.

▪ To obtain a new vendor license a vendor must demonstrate adequate insurance

coverage, must complete a CSRA and technology assessment.

▪ The proposed amendments to the Vendor Licensing law would no longer require

a vendor to pay a licensing fee. Currently, the law requires a fee for new vendor

license applications and renewal applications.

▪ The proposed amendments to the Independent Contractors law align with the

proposed amendments and the current version of the Vendor Licensing law by

incorporating the requirements of obtaining a vendor license into the requirements

of being contracted as an independent contractor for the Nation.

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▪

Indian Preference in Contracting. The purpose of this law is to establish an Indian Preference

Office and increase economic benefits for the Nation and members of the Nation by providing

for the maximum utilization of Indian workers and businesses on projects of the Nation which

occur on or near the Reservation. [5 O.C. 502.1].

▪

This law expects the Nation to apply Indian preference fairly in all situations

and to ensure that all entities that enter into contracts with the Nation utilize

a labor force of Indian workers and businesses. [5 O.C. 502.1-2].

The proposed amendments to the Independent Contractor Policy align with

the Indian Preference in Contracting law by still allowing the Nation to

utilize Indian preference in contracting but clarifying that even if there is

only one independent contractor available and even if that independent

contractor qualifies for Indian preference, the nation may still not hire that

independent contractor to perform the same work in the same division in

which that independent contractor already works for the Nation as an

employee. [5 O.C. 503.7-1(b)(2)].

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. The proposed amendments make it clearer the Nation is responsible for properly classifying its workers.

[5 O.C. 503.4].

B. The proposed amendments clarify all information the Nation must obtain in order to properly contract

with an independent contractor. [5 O.C. 503.6].

C. The proposed amendments require the Nation to properly classify an independent contractor, properly

execute a contract for scope of work, and meet all approval requirements before an independent begins

working for the Nation. [5 O. C. 503.5; 503.5-6].

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SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A

titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides

further clarification on who the Legislative Operating Committee may direct complete a fiscal impact

statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact

statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

August 20, 2025

Workplace Violence Law Amendments

Submission Date: 2/6/19

LOC Sponsor: Jennifer Webster

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from the last two (2) terms. This request for amendments to the

Workplace Violence law was added to the AFL in February 2019 upon request of the Nation’s Human

Resources Department. The Nation’s Human Resources Department requested amendments to the

Workplace Violence law to address investigative enforcement. Amendments are being sought to

delegate authority to investigators to put employees on investigative leave, 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 Oneida Personnel Policies and Procedures and the

Investigative Leave Policy.

2/6/19 LOC:

Motion by Jennifer Webster to add the Workplace Violence law, Investigative Leave Policy,

and Oneida Personnel Policies and Procedures to the active files list and assign David P.

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

10/7/20 LOC: Motion by Jennifer Webster to add the Workplace Violence Law Amendments to the Active

Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion carried

unanimously.

8/18/21 LOC: Motion by Kirby Metoxen to accept the information provided in the request [for amendments

to the Workplace Violence law to address employment eligibility after termination due to

workplace violence] as FYI; seconded by Marie Summers. Motion carried unanimously.

8/29/22:

Work Meeting. Present: Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Wendy Alvarez, Whitney Wheelock, Clorissa Santiago, Carolyn Salutz, David Jordan,

Jennifer Webster, Kirby Metoxen, Kristal Hill, Rhiannon Metoxen. The purpose of this work

meeting was to review the law line-by-line and collect input from LOC and HRD.

9/07/22:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Summers, Clorissa Santiago,

Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. The purpose of this work

meeting was to gather LOC input on HRD’s suggested amendments.

9/21/22:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster,

Daniel Guzman, Clorissa Santiago, Carolyn Salutz, Grace Elliott. The purpose of this work

meeting was to review proposed line edits to the law. The LOC made several suggestions,

including adding in “social media”; clarifying Section 223.4 Applicability; making sure the

supervisor will be notified throughout the process of reporting and investigation. Overall, the

law is still wordy and could be simplified and reduced.

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1/6/23:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster,

Daniel Guzman, Todd Vanden Heuvel, Matthew Denny, Nicholas Reynolds, Rita Reiter,

Carolyn Salutz, Grace Elliott. The purpose of this work meeting was to review the procedures

of investigative leave, and employment ineligibility. During the meeting it was discussed if

the procedures of investigation and follow-up would be better placed within the Investigative

Leave policy.

1/31/23:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster,

Daniel Guzman, Todd Vanden Heuvel, Matthew Denny, Nicholas Reynolds, Rita Reiter,

Joshua Cottrell, Peggy Van Gheem, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal

Hill, Rhiannon Metoxen. The purpose of this work meeting was to review final changes and

receive final guidance from HRD on all changes – and changes relating to investigations, the

scope and coverage of the law, employment eligibility, and next steps. Clarity needed on

extending this law to adequately cover incidents of violence that occur outside work hours,

the scope of EEO responsibilities related to investigations that don’t lead to investigative

leave, employment eligibility.

10/4/23 LOC: Motion by Jonas Hill to add the Workplace Violence Law Amendments to the Active Files

List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion carried

unanimously.

7/29/24:

Work Meeting. Present: Jameson Wilson, Carolyn Salutz, Clorissa Leeman (Microsoft

Teams), Jennifer Webster (Microsoft Teams), Maureen Perkins (Microsoft Teams), Kristal

Hill (Microsoft Teams), Todd Vanden Heuvel (Microsoft Teams), Rita Reiter (Microsoft

Teams), Laura Laitinen-Warren (Microsoft Teams). The purpose of this work meeting was to

review the draft, we did a line-by-line review of the entire draft. One issue left to consider:

how involved do we want supervisors to be in determining the final resolution? Should

supervisors be involved in deciding the final resolution with EEO/HRD or not involved but

able to dispute the final resolution or not involved or able to dispute. A suggestion was to

invite managers, supervisors, etc., to next work meeting to discuss.

9/4/24 LOC:

Motion by Jonas Hill to accept the request for amendments to the Workplace Violence law as

information, noting the Workplace Violence law is already on the Active Files List; seconded

by Marlon Skenandore. Motion carried unanimously.

10/18/24:

Work Meeting. Present: Matthew Denny, Todd Vanden Heuvel, Laura Laiten-Warren, Peggy

Van Gheem, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal Hill,

Maureen Perkins, Jameson Wilson, Kirby Metoxen, Marlon Skenandore. The purpose of this

work meeting was to review the draft, we did a line-by-line edit. No major suggestions for

edits were brought up, the work group was satisfied with the current amendments; there were

minor suggestions for changes; wording, more inclusion of the law office in workplace

violence investigations. There was a lot of discussion on the supervisor’s role in the

investigation and discipline.

1/13/25:

Work Meeting. Present: Laura Laiten-Warren, Marie Cornelius, Peggy Van Gheem, Grace

Elliott, Carolyn Salutz, Maureen Perkins, Fawn Billie, Jameson Wilson, Marlon Skenandore,

Jonas Hill, Jennifer Webster, Kirby Metoxen. The purpose of this work meeting was to

continue to review edits. We did a line-by-line review of the entire draft. The group was still

satisfied with the amendments and no major suggestions were made; most suggestions were

to clarify processes or definitions. Carolyn will summarize notes and send to attendees, work

on newest amendments, and then schedule the next work meeting.

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2/14/25:

Work Meeting. Present: Laura Laiten-Warren, Matthew Denny, Peggy Van Gheem, Kristal

Hill, Fawn Cottrell, Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster. The

purpose of this meeting was to review the latest amendments. There was a brief back-andforth between Matt Denny and Peggy about when the EEO Office should notify the law

office – Peggy said immediately when an investigation is started, Matt said EEO should be

required to notify them immediately. This is an issue the LOC will decide and consider.

Other issues involved clarifying some language and making sure all reporting goes to EEO,

but that EEO will communicate with HRD and vice versa if needed – but not many other

issues.

2/19/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby Metoxen,

Jennifer Webster, Kristal Hill, Fawn Cottrell, Carolyn Salutz, Clorissa Leeman, Grace Elliott.

The purpose of this work meeting is to review and decide on an issue that came up during the

work meeting on 2/14/25: should the law require EEO to report to the law office at the start

of every investigation. By majority, LOC decided they do want to require EEO to report to

the law office at the start of every investigation.

3/5/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,

Clorissa Leeman, Grace Elliott, Kristal Hill, Fawn Billie, Fawn Cottrell. The purpose of this

work meeting was for Carolyn to review her reasoning on why it may not be necessary for

the law to require EEO to report to the law office at the start of each investigation. Jenny was,

at first, still in favor of requiring reporting but eventually LOC did arrive at a consensus to

not require it but instead allow it. So, EEO reporting to the law office at the start of each

investigation will not be required.

5/2/25:

Work Meeting. Present: Matthew Denny, Ria Reiter, Whitney Wheelock, Jameson Wilson,

Jonas Hill, Kirby Metoxen, Jennifer Webster, Fawn Billie, Fawn Cottrell, Kristal Hill,

Clorissa Leeman, Carolyn Salutz. The purpose of this work meeting is to review the newest

edits to the draft. The work group reviewed the entire draft, No discussion was needed, the

group was satisfied with the amendments.

5/7/25 LOC:

Motion by Jennifer Webster to approve the draft of proposed amendments to the Workplace

Violence Law and direct that a legislative analysis be completed; seconded by Marlon

Skenandore. Motion carried unanimously.

5/21/25 LOC: Motion by Jennifer Webster to accept the updated draft and legislative analysis and defer to a

work meeting to address the potential conflict before a public meeting is held; seconded by

Kirby Metoxen. Motion carried unanimously.

7/25/25:

Work Meeting. Present: Rita Reiter, Whitney Wheelock, Marlon Skenandore, Fawn Billie,

Kristal Hill, Carolyn Salutz. The purpose of this work meeting is to discuss the discrepancy

between the proposed amendments and the Oneida Nation Personnel Policies and Procedures;

where the proposed amendments require all complaints and investigations of alleged

workplace violence be made to and handled by the Equal Employment Opportunity

Department but the Personnel Policies and Procedures require all complaints and

investigations, except sexual harassment, be made to and handled by the employee’s

immediate supervisor. The work group agreed that they like the proposed amendments, and

the Equal Employment Opportunity department is best suited to manage complaints and

investigations. Work group suggested adding in the ability to appeal; and look at Section VI

Health and Safety of Personnel Policies and Procedures – it may be what would allow this

law to supersede.

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8/6/25:

Work Session. Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Jennifer Webster,

Clorissa Leeman. Grace Elliott, Carolyn Salutz. The purpose of this work session was for the

LOC to review and approved the newest amendments which align the proposed amendments

with the Oneida Personnel Policies and Procedures. The group approved the changes to the

amendments. There are no longer minor conflicts between the proposed amendments and the

Oneida Personnel Policies and Procedures and the draft can continue through the legislative

process.

Next Steps:

▪ Approve the updated draft of proposed amendments to the Workplace Violence Law, approve the

updated Legislative Analysis, and direct the Legislative Reference Office to schedule a public

meeting.

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Title 2. Employment – Chapter 223

WORKPLACE VIOLENCE

ONEIDA

TRANSLATION

223.1.

223.2.

223.3.

223.4

223.5.

223.6.

223.7.

Purpose and Policy

Adoption, Amendment, Appeal

Definitions

Applicability

Prohibited Behavior

Reporting Workplace Violence

Future Workplace Violence

223.8.

223.9.

223.10.

223.11.

223.12.

Supervisor Responsibilities

Equal Employment Opportunity Department

Responsibilities

Fraudulent Report

Confidentiality

Enforcement

223.1.

Purpose and Policy

223.2.

Adoption, Amendment, Appeal

223.3.

Definitions

223.4

Application

223.5.

Prohibited Behavior

223.6.

Reporting Workplace Violence

223.7.

Reporting Restraining Orders and Injunctions

223.8.

Future Workplace Violence

223.9.

EEO ("Equal Employment Opportunity Department")

Responsibilitites

223.10.

Employment Eligibility

223.11.

Fraudulent Report

223.12.

Confidentiality

223.13.

Enforcement

223.1. Purpose and Policy

223.1-1. Purpose. The purpose of this law is to provide all Oneida Nation employees and visitors an

environment that is free of violence and the threat of violence.

223.1-2. Policy. It is the policy of the Nation to provide a safe and secure environment for employees to

work and for conductingconduct business by establishing the procedures by which incidents of workplace

violence shall be addressed.

223.2. Adoption, Amendment, Repeal

223.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-E.

223.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

223.2-3. Should a provision of this law or the application thereof to any person or circumstances be held

as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal

force without the invalid portions.

223.2-4. In the event of a conflict between a provision of this law and a provision of another law, rule, or

policy the provisions of this law shall control.

223.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

223.3. Definitions

223.3-1. This section shall govern the definitions of words and phrases as used within this law. All words

not defined herein shall be used in their ordinary and everyday sense.

(a) “Area Manager” means the person two (2) levels of supervision in the chain of command above

an employee, or an individual designated to be the Area Manager by the Division Director.

“EEO Department” means the Equal Employment Opportunity Department within the Nation’s

Human ResourceResources Department.

(b) “EEO Officer” means the employee from within the EEO Department., or the employee the

EEO Department assigns as designee, responsible for completing the requirements of section 223.9

of this law.

employed capacities: full-time, part-time, emergency temporary, limited term, or on a contractual

basis.

2 O.C. 223 – Page 1

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[Type here]

(d) “Final decision” means the ultimate decision issued from the EEO Department, the Nation’s

Human Resources Executive Director, and the employee’s supervisor regarding the allegation and

investigation of the incident of workplace violence.

(e) “Harassing” means a pattern of conduct composed of a series of acts over a period of time

evidencing a continuity of purpose; the purpose being intimidation, or creating a threat, and which

serves no legitimate purpose.

(d)

-(f) “Intimidation” means making others feel afraid or fearful through threatening behavior.

-(e)

-(g) “Nation” means the Oneida Nation.

(h) “Official duties” mean the duties of any employee of the Nation when that employee is actively

performing their job requirements.

(i) “Roughhousing” means wildly playful, rough, noisy, or mischievous behavior.

(f)

(j) “Stalking” means unwanted or obsessive attention by an individual or group toward

another person. Stalking includes a course of conduct directed at a a specific person thator more

than one person. Stalking involves repeated visual or physical proximity, nonconsensual

communication, or verbal, written, or implied threats, or a combination thereof, that would cause a

reasonable person fearto feel unsafe.

(g)

(k) “Supervisor” means the person or entity responsible for directly overseeing the

employee.

(h)

(l) “Threat” means the implication or expression of intent to inflict serious physical or

emotional harm or actions that a reasonable person would interpret as a threat to physicaltheir safety

or, the safety of a member of their family, or their property.

(i)

(m) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended

to cause harm to oneself or others.

(j)

(n) “Workplace” means any location owned and operated by the Nation, and any location

or event where an employee represents the Nation, including over-the-road travel in the Nation’s

owned or rented vehicles and, circumstances where the employee is being reimbursed for expenses.

for attending, participating, or the time and manner the employee spends traveling to and from the

event.

(k)

(o) “Workplace Vviolence” means any intentional act committed by an employee in a

workplace that:or in a setting or circumstance otherwise reasonably related to employment with the

Nation that:

(1) inflicts, attempts to inflict, or threatens to inflict emotional or bodilyphysical harm on

another person; or

(2) inflicts, attempts to inflict, or threatens to inflict, damage to property. of the Nation or

property of another.

223.4. ApplicabilityApplication

223.4-1. This law applies to all employees in any of the Nation’s workplaces, and covers workplace

violence whether or not the employee is operating within the course of his or her employment at the

timecommits workplace violence during or outside the employee’s normal work hours as long as the

incident of workplace violence occurs.is reasonably connected to the workplace.

223.5. Prohibited Behavior

223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited to, the

following prohibited behaviors:

(a) intentionally causing physical injury to another person; which can include;

(b) (1) hitting or shoving; or

2 O.C. 223 – Page 2

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[Type here]

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(2) throwing an object at an individual;

(c)(b) fighting or "horseplay"roughhousing that may be dangerous to others;

(d)(c) direct threats or physical intimidation;

(e)(d) implications or suggestions of violence;

(f)(e) stalking;

(g)(f) possessionpossessing, carrying, or use of weaponsusing a weapon of any kind, whether in

the open or concealed, on property of the Nation, including parking lots, in fleet vehicles, on other

exterior premises, or while engaged in activities for the Nation;

(h)(g) physical restraint, or confinement;

(i)(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;

(j)(i) sending ofa threatening, harassing, or abusive message by e-mails, letters, faxesmail, letter,

fax, phone callscall, text messagesmessage or any other form of electronic media; , including all

social media platforms;

(k)(j) using the workplace to violate protectiverestraining orders;

(l)(k) intentionally damaging property of the Nation or property of another; and

(m) throwing an object at an individual; and

(n)(l) any other act that a reasonable person would perceive as constituting a threat of violence. or

actual violence.

223.5-2. Exceptions to Prohibited Behavior. The followingAn employee shall be exempt from this law:

(a) Law enforcement officials and security staff are not be considered to be in violation of this law when

acting in their official capacity;have committed the prohibited behavior of possessing, carrying, or using a

weapon under section 223.5-1(f) if the employee is actively:

(a) performing official duties which require a weapon to be possessed, carried, or used and the

weapon is possessed, carried, or used within the normal scope of those official duties;

(b) Employees required to use knives or other tools owned by participating in cultural activities or

ceremonies on property of the Nation that could potentially be used as weapons are not

consideredwhich require a weapon to be in violation of this law as long as the tools arepossessed,

carried, or used and the weapon is possessed, carried, or used within the normal scope of

employment and not used the cultural activities or ceremonies;

otherwise harm another person within the workplace; accordance with the Nation’s laws and rules

governing hunting, fishing, and trapping and the weapon is possessed, carried, or used within the

normal scope of hunting, fishing, or trapping; or

223.6. Reporting Workplace Violence

223.6-1. EEO is responsible for investigating complaints, issuing the final decision, and all other duties and

responsibilities detailed in section 223.9.

223.6-2. Reporting by a Non-Employee. non-employee. Any non-employee is encouraged to report threats

of or observed workplace violence that occurs in the Nation’s facilities and workplaces. A report of

workplace violence given to an employee from a non-employee shall be promptly reported in writingby the

employee to the employee’s supervisor. The supervisor shall perform the initial assessment of the

information pursuant to section EEO 223.8.

223.6-2. 3. Permissive Reporting by an Employee. AnAny employee may report workplace violence to his

or her supervisorEEO where the employee:

(a) is the victim of workplace violence; or

(b) believes he or she has been threatened with workplace violence.

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223.6-3. 4. Mandatory Reporting by an Employee. AnAny employee shall promptly report workplace

violence to EEO where the employee witnesses an act ora threat or an incident of workplace violence

towards anyone else.or is informed by a non-employee of a threat or an incident of workplace violence.

(a) Emergency Situation. If an emergency exists or the situation is one of immediate danger to the

life and safety of a person, the employee shall, if possible, without causing themselves to be in

danger, contact the Oneida Police Department or local law enforcement, and facility security, if

determined appropriate, and take whatever emergency steps are available and appropriate to protect

himself or herselfthemselves from immediate harm. The employee shall report the incident in

writing to the appropriate supervisorEEO as soon as possible.

(b) Non-Emergency Situation. If a non-emergency situation exists or the situation is not one of

immediate danger to the life and safety of a person, the employee shall report the incident in writing

to the appropriate supervisor to EEO as soon as possible if the situation is not one of immediate

danger to life and safety.

223.6-5. 223.6-4. Reporting the Behavior of a Supervisor. If the EEO and the Nation’s Human Resources

Department are responsible for communicating and sharing information with each other to ensure that all

complaints and investigations are properly and timely handled.

223.6-6. Any employee can be in compliance with this law if the employee contacts or communicates,

either verbally or in writing, with either EEO or the Nation’s Human Resources Department to report an

incident of alleged workplace violence involves the supervisor, the.

(a) If an employee shall report theverbally reports an incident to the supervisor’s supervisor, or if

none exists, to the area manager.of workplace violence to either EEO or the Nation’s Human

Resources Department, whichever department receives the report should instruct that employee to

submit a written report to EEO.

223.6-5.

223.7. Reporting Restraining Orders. An and Injunctions.

223.7-1. Voluntary reporting. Any employee who possessesobtains a current restraining order or injunction

against another employee may provide EEO a copy of the signed order.

223.7-2. Mandatory reporting. Any employee who is issued a restraining order or injunction regarding

another employee, shall immediately supply, upon receipt of the signed order against them, give a copy of

the signed order to his or her supervisor. EEO.

(a) The supervisor shall provide (a) Any employee who does not immediately, upon receipt of a

restraining order or injunction against them, provide a copy of the restraining order or injunction

to EEO may be subject to disciplinary action under the Nation’s laws, policies, and rules governing

employment, up to and including termination.

223.7-3. EEO shall immediately provide copies of the restraining order or injunction to the area

manageremployee’s supervisor and the EEO DepartmentNation’s Human Resources Executive Director or

designee..

223.8.

223.7. Future Workplace Violence

223.78-1. Where an employee has reason to believe that he, she or others,another employee may be

victimized sometime in the future, either at the workplace or as a direct result of their employment with the

Nation, he or shethe employee is encouraged to provide this information in writing to his or her supervisorto

EEO as soon as possible for an initial assessment pursuant to section 223.8-19. EEO shall inform the Oneida

Police Department, local law enforcement, or facility security if appropriate.

(a) If an employee reports a possibility of future workplace violence to his or her supervisor the

supervisor shall inform the EEO Department Director or designee.

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(b) The EEO Department Director or designee shall inform the Oneida Police Department or local

law enforcement and/or facility security if determined appropriate.

223.78-2. Anonymous threats or letters. In the event that . If an employee learns of an employee receives

anonymous threats or lettersthreat, the employee shall immediately forward a summary of suchthe

information in a confidential manner to the Chief of the Oneida Police Department in accordance with the

Nation’s laws, policies, and rules governing anonymous letters. The employee shall thenalso immediately

notify his or her supervisor. The supervisor shall notify the target of the threat, take measures to ensure

safety, and ensure that the Oneida Police Department as notified, and notify local law enforcement and/or

facility security if determined appropriate.EEO

223.8. Supervisor223.9. EEO (“Equal Employment Opportunity Department”) Responsibilities

223.89-1. Upon receiving a reportEEO is responsible for investigating complaints of workplace violence

and will delegate such responsibilities to one employee from within EEO, who shall be known as the EEO

Officer.

223.9-2. or otherwise becoming aware of a threatWhen EEO receives a complaint of workplace violence

or a workplace violence episode, a , whether verbal or in writing, the EEO Officer shall promptly notify in

writing the immediate supervisor shall immediately conduct an assessment of the situation and determine

if an emergency exists or ifemployee being complained about so the situation is one of immediate danger.

supervisor:

223.8-2. Emergency Situation. If an emergency situation exists and if possible without causing themselves

to be in danger, a supervisor shall immediately contact the Oneida Police Department or local law

enforcement, and facility security if appropriate, and take whatever emergency steps are available and

appropriate to protect himself or herself, employees and others from immediate harm.

223.8-3. Non-Emergency Situation. If the situation is not creating immediate danger to life and safety, the

supervisor shall speak to the person reporting the incident and assess the situation.

(a) If the supervisor deems the episode is not a workplace violence problem then the investigation

as a workplace violence matter ends.

(a) is aware that the EEO Officer will be investigating the employee;

(b) knows they may assist the EEO Officer in any portion of the investigation; Where the

supervisor deems the episode as a workplace violence matter, he or she shall prepare a written

Workplace Violence Incident Report detailing the complaint. The supervisor shall then forward

this report to the EEO Department Director or designee.

223.8-4. (c) knows the EEO Officer Investigative Leave. A supervisor may place an employee

alleged to be involved in a workplace violence incidentthe employee on investigative leave, if the

supervisor deems thethey determine investigative leave to be necessary and appropriate, in

accordance with the Nation’s laws, policies and rules governing investigative leave except for the

EEO Department Director or designee, not the employee’s supervisor, shall conduct the

investigation of the alleged workplace violence incident.; and

223.8-5. A supervisor shall consider the recommendation for disciplinary action provided by the EEO

Department Director or designee pursuant to section 223.9-4(b) when carrying out a disciplinary action of

an employee. The supervisor shall carry out any disciplinary action of an employee within five (5) days of

receiving the recommendation. If the supervisor does not follow the disciplinary action recommendation

provided by the EEO Department Director or designee, the supervisor shall provide justification for the

deviation from the recommendation to the EEO Department Director and the supervisor’s Area Manager.

223.9. Equal Employment Opportunity Department Responsibilities

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223.9-1. The EEO Department Director, or an individual assigned as designee by the EEO

Department Director, shall be responsible for investigating alleged workplace violence. (d) knows

they will be responsible, along with the EEO Officer and the Nation’s Human Resources Executive

Director, for implementing the final decision.

223.9-3. The EEO Officer shall promptly conduct a thorough

223.9-2. Upon receipt of a completed Workplace Violence Incident Report, or other acceptable written

notice of an allegation of workplace violence, the EEO Department Director or designee shall coordinate

with all involved agencies or departments and immediately conduct an investigation which may include the

following duties:

(a) Personallycoordinate with all involved agencies or departments; (b) meet with the employee

filing the complaint;

(b) visit the scene of anthe incident as soon as possible;

(b) Interview(c) interview employees and other witnesses;

examination of any reports of inappropriate behavior by the perpetrator;

(d) Determine the cause of the incident;

(e) Determine what mitigating action could prevent the incident from recurring;

(f) Record the findings and recommended mitigating actions; and

(g) Contactcontact the Oneida Police Department and/or any other appropriate law enforcement

agency when necessary;

(h) Review(e) send weekly updates to the employee’s supervisor;

(f) review relevant video surveillance footage if available, in accordance with standard operating

procedures on the subject; and

(i) Anyg) conduct any other investigative methods necessary for a thorough investigation.

223.9-3. 4. In performing these investigative duties, the EEO Department Director or designeeOfficer shall

not interfere in the investigation of any law enforcement agencies. If, at any time, criminal charges are

brought against an employee as a result of an incident of workplace violence, then the employee shall be

placed on investigative leave in accordance with the Nation’s laws, policies, and rules governing

investigative leave, except for the EEO Department Director or designee, not the employee’s supervisor,

shall conduct the investigation of the alleged workplace violence incident.

223.9-4. Upon completion of 223.9-5. The EEO Officer shall conclude the investigation when the EEO

Officer obtains enough verifiable facts and information regarding the incident under investigation in order

to make a safe and equitable final decision.

223.9-6. Mitigation. During the investigation, the EEO Officer and the Nation’s Human Resources

Executive Director are encouraged to examine the workplace for security risk factors and record any

mitigating actions that could be implemented to prevent a similar occurrence of workplace violence.

223.9-7. Investigative Leave. The EEO Officer may place an employee alleged to be involved in an incident

of workplace violence on investigative leave in accordance with the Nation’s laws, policies, and rules

governing investigative leave.

223.9-8. Final decision. The EEO Officer shall meet with the Nation’s Human Resources Executive

Director and the employee’s supervisor to mutually determine an appropriate final decision.

(a) Format. The final decision shall be in writing, contain justification, and be signed by the EEO

Officer, the Nation’s Human Resources Executive Director, and the employee’s supervisor.

(b) Application. If appropriate, the employee’s supervisor will be responsible for initiating the final

decision.

Investigative file, shall be filed with EEO for reporting purposes.

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(d) Investigative file. Three business days before the EEO Officer, the Nation’s Human Resources

Executive Director, and the employee’s supervisor meet to determine the final decision, the EEO

Officer should share the investigative file with the employee’s supervisor.

223.10. the investigation, the EEO Department Director or designee shall:

(a) implement any preventive factors within the Nation’s Human Resources Department’s

authority;

(b) provide a written report of the investigation and recommendation for disciplinary action, if any,

to the supervisor of the employee;

has occurred; and

(d) refer employees to post-event trauma counseling for those employees desiring such assistance.

Employment Eligibility

223.10-1. 223.9-5. Employee Resignation. An employee who resigns from their position when there is an

ongoing workplace violence investigation or in lieu of a termination shall not be eligible for hiring

consideration in any position with the Nation. The employee may be eligible for employment in a different

position withinwith the Nation for three (3) years from the date of the resignation. The EEO Department

Director or designee if the employee receives a pardon from the Nation’s Pardon and Forgiveness

Committee. The EEO Officer shall remain responsible for completing the investigation in the event an

employee resigns during an investigation.

223.9-6. In appropriate circumstances, the EEO Department Director or designee shall inform the reporting

individual of the results of the investigation which would not compromise the legally-protected

confidentiality of any other person. 223.10-2. Employee Termination. If, as a result of the completed

workplace violence investigation, the employee is terminated, the employee shall not be eligible for hiring

consideration in any position with the Nation. The employee may be eligible for employment in a different

position with the Nation five (5) years from the date of termination if the employee receives a pardon from

the Nation’s Pardon and Forgiveness Committee.

223.10-3. Immediate eligibility. If, as the result of a completed investigation, the EEO Officer, the Nation’s

Human Resources Executive Director, and the employee’s supervisor mutually determine in the final

decision that no incident of workplace violence occurred, a copy of the final decision shall be included in

the employee’s file and, if the employee resigned as a direct result of the workplace violence investigation,

the employee shall be immediately eligible for re-hiring consideration with the Nation.

223.10.

223.11. Fraudulent Report

223.1011-1. If at any time the EEO Department Director or designee, or supervisor is made aware that an

employee or supervisor has made a report of workplace violence other than in good faith, the employee or

supervisor may be disciplined according to the Nation’s laws, policies, and rules governing employment,

up to and including termination.

223.12.

223.11. Confidentiality

223.1112-1. To the greatest extent possible, the Nation shall maintain the confidentiality of employees and

the investigation. However, the Nation may need to disclose results in appropriate circumstances; for

example, in order to protect individual safety.

223.1112-2. Information related to the application of this law is strictly confidential. Information shall not

be disclosed to third parties unless:

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(a) the prior written consent of the alleged victim is obtained;

(b) the release of information is in compliancecomplies with a court order; and/or

223.1213. Enforcement

223.1213-1. AnAny employee or supervisor who violates this law may be subject to disciplinary action

under the Nation’s laws, policies, and rules governing employment, up to and including termination.

223.12-2. An employee who violates this law may be subject to removal from a workplace of the Nation.

End

Adopted – BC-06-28-17-E

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Draft 2

2025 08 20

Title 2. Employment – Chapter 223

WORKPLACE VIOLENCE

ONEIDA

TRANSLATION

223.1.

223.2.

223.3.

223.4

223.5.

223.6.

223.7.

223.8.

223.9.

Purpose and Policy

Adoption, Amendment, Appeal

Definitions

Application

Prohibited Behavior

Reporting Workplace Violence

Reporting Restraining Orders and Injunctions

Future Workplace Violence

EEO ("Equal Employment Opportunity Department")

Responsibilitites

223.10.

Employment Eligibility

223.11.

Fraudulent Report

223.12.

Confidentiality

223.13.

Enforcement

223.1. Purpose and Policy

223.1-1. Purpose. The purpose of this law is to provide all Oneida Nation employees and visitors

an environment that is free of violence and the threat of violence.

223.1-2. Policy. It is the policy of the Nation to provide a safe and secure environment for

employees to work and conduct business by establishing the procedures by which incidents of

workplace violence shall be addressed.

223.2. Adoption, Amendment, Repeal

223.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-E.

223.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

223.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

223.2-4. In the event of a conflict between a provision of this law and a provision of another law,

rule, or policy the provisions of this law shall control.

223.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

223.3. Definitions

223.3-1. This section shall govern the definitions of words and phrases as used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “EEO” means the Equal Employment Opportunity Department within the Nation’s

Human Resources Department.

(b) “EEO Officer” means the employee from within the EEO Department, or the employee

the EEO Department assigns as designee, responsible for completing the requirements of

section 223.9 of this law.

capacities: full-time, part-time, emergency temporary, limited term, or on a contractual

basis.

(d) “Final decision” means the ultimate decision issued from the EEO Department, the

Nation’s Human Resources Executive Director, and the employee’s supervisor regarding

the allegation and investigation of the incident of workplace violence.

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(e) “Harassing” means a pattern of conduct composed of a series of acts over a period of

time evidencing a continuity of purpose; the purpose being intimidation, or creating a

threat, and which serves no legitimate purpose.

(f) “Intimidation” means making others feel afraid or fearful through threatening behavior.

(g) “Nation” means the Oneida Nation.

(h) “Official duties” mean the duties of any employee of the Nation when that employee is

actively performing their job requirements.

(i) “Roughhousing” means wildly playful, rough, noisy, or mischievous behavior.

(j) “Stalking” means unwanted or obsessive attention by an individual or group toward a

specific person or more than one person. Stalking involves repeated visual or physical

proximity, nonconsensual communication, or verbal, written, or implied threats, or a

combination thereof, that would cause a reasonable person to feel unsafe.

(k) “Supervisor” means the person or entity responsible for overseeing the employee.

(l) “Threat” means the implication or expression of intent to inflict serious physical or

emotional harm or actions that a reasonable person would interpret as a threat to their

safety, the safety of a member of their family, or their property.

(m) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended

to cause harm to oneself or others.

(n) “Workplace” means any location owned and operated by the Nation, any location or

event where an employee represents the Nation, including over-the-road travel in the

Nation’s owned or rented vehicles, circumstances where the employee is being reimbursed

for expenses for attending, participating, or the time and manner the employee spends

traveling to and from the event.

(o) “Workplace violence” means any intentional act committed by an employee in a

workplace or in a setting or circumstance otherwise reasonably related to employment with

the Nation that:

(1) inflicts, attempts to inflict, or threatens to inflict emotional or physical harm on

another person; or

(2) inflicts, attempts to inflict, or threatens to inflict damage to property of the

Nation or property of another.

223.4. Application

223.4-1. This law applies to all employees in any of the Nation’s workplaces and covers workplace

violence whether the employee commits workplace violence during or outside the employee’s

normal work hours as long as the incident of workplace violence is reasonably connected to the

workplace.

223.5. Prohibited Behavior

223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited to,

the following prohibited behaviors:

(a) intentionally causing physical injury to another person; which can include;

(1) hitting or shoving or

(2) throwing an object at an individual;

(b) fighting or roughhousing that may be dangerous to others;

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(d) implications or suggestions of violence;

(e) stalking;

(f) possessing, carrying, or using a weapon of any kind, whether in the open or concealed,

on property of the Nation, including parking lots, in fleet vehicles, on other exterior

premises, or while engaged in activities for the Nation;

(g) physical restraint or confinement;

(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;

(i) sending a threatening, harassing, or abusive message by e-mail, letter, fax, phone call,

text message or any other form of electronic media, including all social media platforms;

(j) using the workplace to violate restraining orders;

(k) intentionally damaging property of the Nation or property of another; and

(l) any other act that a reasonable person would perceive as constituting a threat of violence

or actual violence.

223.5-2. Exceptions to Prohibited Behavior. An employee shall not be considered to have

committed the prohibited behavior of possessing, carrying, or using a weapon under section 223.51(f) if the employee is actively:

(a) performing official duties which require a weapon to be possessed, carried, or used and

the weapon is possessed, carried, or used within the normal scope of those official duties;

(b) participating in cultural activities or ceremonies on property of the Nation which require

a weapon to be possessed, carried, or used and the weapon is possessed, carried, or used

within the normal scope of the cultural activities or ceremonies;

laws and rules governing hunting, fishing, and trapping and the weapon is possessed,

carried, or used within the normal scope of hunting, fishing, or trapping; or

(d) Any other action that is consistent with laws of the Nation.

223.6. Reporting Workplace Violence

223.6-1. EEO is responsible for investigating complaints, issuing the final decision, and all other

duties and responsibilities detailed in section 223.9.

223.6-2. Reporting by a non-employee. Any non-employee is encouraged to report threats or

observed workplace violence that occurs in the Nation’s facilities and workplaces. A report of

workplace violence given to an employee from a non-employee shall be promptly reported by the

employee to EEO

223.6-3. Permissive Reporting by an Employee. Any employee may report workplace violence to

EEO where the employee:

(a) is the victim of workplace violence; or

(b) has been threatened with workplace violence.

223.6-4. Mandatory Reporting by an Employee. Any employee shall promptly report workplace

violence to EEO where the employee witnesses a threat or an incident of workplace violence or is

informed by a non-employee of a threat or an incident of workplace violence.

(a) Emergency Situation. If an emergency exists or the situation is one of immediate danger

to the life and safety of a person, the employee shall, if possible, without causing

themselves to be in danger, contact the Oneida Police Department or local law

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enforcement, and facility security, if appropriate, and take whatever emergency steps are

available and appropriate to protect themselves from immediate harm. The employee shall

report the incident to EEO as soon as possible.

(b) Non-Emergency Situation. If a non-emergency exists or the situation is not one of

immediate danger to the life and safety of a person, the employee shall report the incident

to EEO as soon as possible.

223.6-5. EEO and the Nation’s Human Resources Department are responsible for communicating

and sharing information with each other to ensure that all complaints and investigations are

properly and timely handled.

223.6-6. Any employee can be in compliance with this law if the employee contacts or

communicates, either verbally or in writing, with either EEO or the Nation’s Human Resources

Department to report an incident of workplace violence.

(a) If an employee verbally reports an incident of workplace violence to either EEO or the

Nation’s Human Resources Department, whichever department receives the report should

instruct that employee to submit a written report to EEO.

223.7. Reporting Restraining Orders and Injunctions.

223.7-1. Voluntary reporting. Any employee who obtains a restraining order or injunction against

another employee may provide EEO a copy of the signed order.

223.7-2. Mandatory reporting. Any employee who is issued a restraining order or injunction

regarding another employee, shall immediately, upon receipt of the signed order against them, give

a copy of the signed order to EEO.

(a) Any employee who does not immediately, upon receipt of a restraining order or

injunction against them, provide a copy of the restraining order or injunction to EEO may

be subject to disciplinary action under the Nation’s laws, policies, and rules governing

employment, up to and including termination.

223.7-3. EEO shall immediately provide copies of the restraining order or injunction to the

employee’s supervisor and the Nation’s Human Resources Executive Director.

223.8. Future Workplace Violence

223.8-1. Where an employee has reason to believe that another employee may be victimized

sometime in the future, either at the workplace or as a direct result of their employment with the

Nation, the employee is encouraged to provide this information to EEO as soon as possible for an

initial assessment pursuant to section 223.9. EEO shall inform the Oneida Police Department, local

law enforcement, or facility security if appropriate.

223.8-2. Anonymous threats. If an employee learns of an anonymous threat, the employee shall

immediately forward the information in a confidential manner to the Chief of the Oneida Police

Department in accordance with the Nation’s laws, policies, and rules governing anonymous letters.

The employee shall also immediately notify EEO

223.9. EEO (“Equal Employment Opportunity Department”) Responsibilities

223.9-1. EEO is responsible for investigating complaints of workplace violence and will delegate

such responsibilities to one employee from within EEO, who shall be known as the EEO Officer.

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223.9-2. When EEO receives a complaint of workplace violence, whether verbal or in writing, the

EEO Officer shall promptly notify in writing the immediate supervisor of the employee being

complained about so the immediate supervisor:

(a) is aware that the EEO Officer will be investigating the employee;

(b) knows they may assist the EEO Officer in any portion of the investigation;

investigative leave to be necessary; and

(d) knows they will be responsible, along with the EEO Officer and the Nation’s Human

Resources Executive Director, for implementing the final decision.

223.9-3. The EEO Officer shall promptly conduct a thorough investigation which may include the

following duties:

(a) coordinate with all involved agencies or departments;

(b) meet with the employee filing the complaint;

(d) interview employees and other witnesses;

(e) contact the Oneida Police Department or any other appropriate law enforcement agency

when necessary;

(f) send weekly updates to the employee’s supervisor;

(g) review relevant video surveillance footage if available, in accordance with standard

operating procedures on the subject; and

(h) conduct any other investigative methods necessary for a thorough investigation.

223.9-4. In performing these investigative duties, the EEO Officer shall not interfere in the

investigation of any law enforcement agencies. If, at any time, criminal charges are brought against

an employee as a result of an incident of workplace violence, the employee shall be placed on

investigative leave in accordance with the Nation’s laws, policies, and rules governing

investigative leave.

223.9-5. The EEO Officer shall conclude the investigation when the EEO Officer obtains enough

verifiable facts and information regarding the incident under investigation in order to make a safe

and equitable final decision.

223.9-6. Mitigation. During the investigation, the EEO Officer and the Nation’s Human Resources

Executive Director are encouraged to examine the workplace for security risk factors and record

any mitigating actions that could be implemented to prevent a similar occurrence of workplace

violence.

223.9-7. Investigative Leave. The EEO Officer may place an employee alleged to be involved in

an incident of workplace violence on investigative leave in accordance with the Nation’s laws,

policies, and rules governing investigative leave.

223.9-8. Final decision. The EEO Officer shall meet with the Nation’s Human Resources

Executive Director and the employee’s supervisor to mutually determine an appropriate final

decision.

(a) Format. The final decision shall be in writing, contain justification, and be signed by

the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s

supervisor.

(b) Application. If appropriate, the employee’s supervisor will be responsible for initiating

the final decision.

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Investigative file, shall be filed with EEO for reporting purposes.

(d) Investigative file. Three business days before the EEO Officer, the Nation’s Human

Resources Executive Director, and the employee’s supervisor meet to determine the final

decision, the EEO Officer should share the investigative file with the employee’s

supervisor.

223.10. Employment Eligibility

223.10-1. Employee Resignation. An employee who resigns from their position when there is an

ongoing workplace violence investigation or in lieu of termination shall not be eligible for hiring

consideration in any position with the Nation. The employee may be eligible for employment in a

different position with the Nation three (3) years from the date of resignation if the employee

receives a pardon from the Nation’s Pardon and Forgiveness Committee. The EEO Officer shall

remain responsible for completing the investigation in the event an employee resigns during an

investigation.

223.10-2. Employee Termination. If, as a result of the completed workplace violence investigation,

the employee is terminated, the employee shall not be eligible for hiring consideration in any

position with the Nation. The employee may be eligible for employment in a different position

with the Nation five (5) years from the date of termination if the employee receives a pardon from

the Nation’s Pardon and Forgiveness Committee.

223.10-3. Immediate eligibility. If, as the result of a completed investigation, the EEO Officer, the

Nation’s Human Resources Executive Director, and the employee’s supervisor mutually determine

in the final decision that no incident of workplace violence occurred, a copy of the final decision

shall be included in the employee’s file and, if the employee resigned as a direct result of the

workplace violence investigation, the employee shall be immediately eligible for re-hiring

consideration with the Nation.

223.11. Fraudulent Report

223.11-1. If at any time EEO is made aware that an employee made a report of workplace violence

other than in good faith, the employee may be disciplined according to the Nation’s laws, policies,

and rules governing employment, up to and including termination.

223.12. Confidentiality

223.12-1. To the greatest extent possible, the Nation shall maintain the confidentiality of

employees and the investigation. However, the Nation may need to disclose results in appropriate

circumstances; for example, in order to protect individual safety.

223.12-2. Information related to the application of this law is strictly confidential. Information

shall not be disclosed to third parties unless:

(a) the prior written consent of the alleged victim is obtained;

(b) the release of information complies with a court order; or

223.13. Enforcement

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223.13-1. Any employee who violates this law may be subject to disciplinary action under the

Nation’s laws, policies, and rules governing employment, up to and including termination.

End

Adopted – BC-06-28-17-E

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WORKPLACE VIOLENCE

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

▪

Purpose

Clarify that this law applies to all employees, during or outside of any

employee’s normal work hours and as long as the alleged incident of

workplace violence occurs in a setting reasonable connected to the workplace.

Clarify what constitutes “prohibited behaviors.”

Clarify exceptions to “prohibited behaviors.”

Require that all complaints and investigations of alleged workplace violence

be directed to and handled by the Equal Employment Opportunity Department

(“EEO”) within the Oneida Nation Human Resources Department (“HRD”).

Clarify that there will be a “final decision” which is the ultimate decision

issued from the EEO Department, the Nation’s Human Resources Executive

Director, and the employee’s supervisor regarding the allegation and

investigation of the incident of workplace violence.

Clarify the responsibilities of the EEO Department. The EEO Department will

be responsible for assigning an EEO Officer who will investigate the

complaint and be responsible for determining the final decision along with the

Nation’s Human Resources Executive Director and the employee’s

supervisor.

Clarify that the EEO Department and the Nation’s Human Resources

Department are responsible for communicating and sharing information with

each other to ensure all complaints and investigations are properly and timely

handled.

Clarify that verbal complaints are acceptable but whichever department

receives the verbal complaint should direct that employee to submit a written

complaint to the EEO Department.

Clarify the reporting of restraining orders and injunctions – when reporting is

mandatory and when it is discretionary.

Clarify employment eligibility for employees who resign during a workplace

violence investigation or are terminated as a result of a workplace violence

investigation.

Various grammatical changes and other minor changes throughout the law.

The purpose of this law is to provide all Oneida Nation employees and visitors an

environment that is free of violence and the threat of violence. [2 O.C. 223.1-1].

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Affected Entities

The Nation’s Human Resources Department, the Nation’s Equal Employment

Opportunity Office, the Oneida Law Office, and all Oneida Nation employees and

visitors.

Related Legislation

Investigative Leave law, Code of Ethics, Anonymous Letters Policy, Pardon and

Forgiveness law, and Public Peace law

Enforcement

The Workplace Violence law directs the EEO department, specifically the

designated EEO Officer, to investigate all allegations of workplace violence. [2

O.C. 223.6-1]. The EEO Officer, the Nation’s Human Resources Executive

Director, and the employee’s supervisor are responsible for determining the final

decision, which is the ultimate conclusion of the investigation and the decision to

take disciplinary actions, if any. [2 O.C.223.9-8]. The EEO Officer may place an

employee alleged to be involved in an incident of workplace violence on

investigative leave pursuant to the Nation’s law and policies governing

investigative leave. [2 O.C. 223.9-7].

Any employee who violates the Workplace Violence law may be subject to

disciplinary action under the Nation’s laws, policies, and rules governing

employment, up to and including termination. [2 O.C 223.13].

Due Process

The Workplace Violence law directs the EEO Officer to promptly conduct a

thorough investigation into allegations of workplace violence. [2 O.C. 223.9-3].

The law requires that when the EEO Department receives an allegation of

workplace violence and assigns an EEO Officer to investigate, the assigned EEO

Officer is required to notify the employee’s immediate supervisor, so the immediate

supervisor is aware that:

▪

the EEO Officer will be investigating the employee;

the EEO Officer may place the employee on investigative leave; and

they will be responsible, along with the EEO Officer and the Nation’s Human

Resources Executive Director for determining and implementing the final

decision. [2 O.C. 223.9-2].

The law requires the EEO Officer to conclude the investigation when they obtain

enough verifiable facts and information regarding the incident under investigation

to make a safe and equitable final decision. [2 O.C. 223.9-5]. The EEO Officer may

to share the investigative file with the employee’s supervisor and the Nation’s

Human Resources Executive Director, three days before they meet to determine the

final decision. [2 O.C. 223.9-8(c)]. The EEO Officer is required to meet with the

Nation’s Human Resources Executive Director and the employee’s supervisor to

mutually determine a final decision. [2 O.C. 223.9-8].

The employee may be eligible for rehiring consideration with the Nation if they

receive a pardon from the Nation’s Pardon and Forgiveness Committee. [2 O.C.

223.10]. Any employee who resigns while an investigation of workplace violence

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is pending or who is terminated as a result of the findings of a workplace violence

investigation is eligible to re-apply for employment with the Nation, but only after

a certain amount of time has passed and only if that employee receives a pardon

from the Nation’s Pardon and Forgiveness Committee. [2 O.C. 223.10-1; 2 O.C.

223.10-2].

If an employee resigned while an investigation of workplace violence was pending

and the results of the investigation determine that no incident of workplace violence

occurred, the employee shall be immediately eligible for re-hiring. [2 O.C. 223.103].

Public Meeting

A public meeting has not yet been held.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Workplace Violence law was originally adopted by the Oneida Business Committee

on June 28, 2017, through resolution BC-06-28-17-E. The Workplace Violence law provides

mechanisms for ensuring the safety of all employees and visitors to the Nation’s workplaces by

ensuring all allegations and subsequent investigations of alleged workplace violence are handled by the

Equal Employment Opportunity Department of the Nation but that the Equal Employment Opportunity

Department and the Nation’s Human Resources Department are responsible for sharing information

with each other to ensure all complaints and investigations are properly and timely handled. [2 O.C.

223.6-5].

B. Request for Amendments. This item was originally added to the Active Files List on February 6, 2019,

at the request of the Nation’s Human Resources Department to address investigative enforcement and

employee ineligibility. This item was readded to the Active Files list on October 7, 2020. This item was

added to the Active Files list for a third time on October 4, 2023. The sponsor of the Workplace

Violence law amendments is Councilwoman Jennifer Webster.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ the Equal Employment Opportunity Department, (“EEO”);

▪ the Nation’s Human Resources Department (“HRD”); and

▪ Oneida Law Office;

The following laws and policies of the Nation were reviewed in the drafting of this analysis:

▪ Investigative Leave law [2 O.C 208];

▪ Whistleblower Protection law [2 O.C. 211];

▪ Public Peace law [3 O.C. 309];

▪ Anonymous Letter Policy [3 O.C. 307];

▪ Pardon and Forgiveness law [1 O.C. 126]; and

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▪

Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active Files

List for amendments this legislative term.

▪ On September 4, 2024, the Legislative Operating Committee accepted HRD’s request to amend

the Workplace Violence law as information since the law was already on the Active Files List

for amendments to be made.

▪ On May 7, 2025, the Legislative Operating Committee approved the draft of the Workplace

Violence law amendments and directed that a legislative analysis be developed.

▪ On May 21, 2025, the Legislative Operating Committee accepted an updated draft and

legislative analysis and deferred the draft to another work meeting to address the conflicts

between the proposed amendments and the Oneida Personnel Policies and Procedures.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ August 29, 2021: LOC work meeting with EEO and HRD.

▪ September 7, 2022: LOC work session.

▪ September 21, 2022: LOC work session.

▪ January 6, 2023: LOC work meeting with EEO and HRD.

▪ January 31, 2023: LOC work meeting with EEO and HRD.

▪ July 29, 2024: LOC meeting with EEO and HRD.

▪ October 18, 2024: LOC work meeting with EEO, HRD, and the law office.

▪ January 13, 2025: LOC work meeting with HRD and the law office.

▪ February 14, 2025: LOC work meeting with EEO, HRD, and the law office.

▪ February 19, 2025: LOC work session.

▪ March 5, 2025: LOC work session.

▪ May 2, 2025: LOC work meeting with EEO and HRD where the LOC informally approved the

final draft.

▪ July 25, 2025: LOC work meeting with EEO and HRD to discuss and resolve the discrepancies

between the proposed amendments and the Oneida Personnel Policies and Procedures.

▪ August 6, 2025: LOC work session to discuss the proposed changes to the draft to align the

proposed amendments with the Oneida Personnel Policies and Procedures. LOC approved the

changes.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Application of the Law. The proposed amendments to the Law expand its application to cover all

incidents of workplace violence that occur in any of the Nation’s workplaces whether the employee

commits workplace violence during or outside of the employee’s normal work hours and as long as

the incident of workplace violence is reasonably connected to the workplace. [2 O.C. 223.4-1.]

▪ Effect. The proposed amendments clarify that this Law covers all employees of the Nation,

even if an incident occurs outside of normal work hours. The proposed amendments further

clarify that a prohibited behavior can be considered workplace violence as long as the incident

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is reasonably connected to the workplace. This proposed amendment clarifies and expands the

scope of this Law and extends the Nation’s jurisdiction and the Nation’s ability to protect its

employees.

B. Defining the “final decision.” The proposed amendments require the EEO Officer, the Nation’s

Human Resources Executive Director, and the employee’s supervisor to mutually determine a final

decision. [2 O.C. 223.9-8].

▪ Effect. The proposed amendments make clear that there will be one (1), final decision regarding

the alleged incident of workplace violence. That one (1), final decision will be mutually decided

by the EEO Officer, Nation’s Human Resources Executive Director, and the employee’s

supervisor. This ensures greater accountability for the Nation and ensures the process for

deciding disciplinary measures is standardized.

C. Expanding the definitions of “workplace” and “workplace violence.” The proposed amendments

clarify and expand the definitions of “workplace” and “workplace violence” to include any setting or

circumstance, including traveling to or from a work-related event, and any setting or circumstance that

is reasonably related to that employee’s employment with the Nation. [2 O.C. 223.3(n); 2 O.C.

223.3(o).].

▪ Effect. The proposed amendments to the definitions expand and clarify the application of this

law, which expands the Nation’s ability to protect its employees.

D. Redefining prohibited behaviors. The proposed amendments clarify specific examples of behaviors

that can constitute workplace violence. [2 O.C. 223.5]. Currently, prohibited behaviors do not include

social media platforms and the proposed amendments also clarify what it can mean to “intentionally

caus[e] physical injury” and redefining “horseplay” to mean “fighting or roughhousing that may be

dangerous to others” and require “an established pattern of loud, disruptive, angry, or abusive

language or behavior.” [2 O.C. 223.5-1.].

▪ Effect. These proposed amendments clarify the types of behaviors the Nation will not tolerate

from its employees and will make it easier for the Nation to identify and enforce.

E. Redefining the exceptions to prohibited behaviors. The law prohibits possessing, carrying, or using a

weapon. [2 O.C. 223.5-1]. However, the law has identified three exceptions to the prohibition of

possessing, carrying, or using a weapon. [2 O.C. 223.5-2]. The proposed amendments clarify the

exception applies to any employee of the Nation who is required to possess, carry, or use a weapon as

part of their official duties. [2 O.C. 223.5-2(a)]. The proposed amendments make an exception for any

employee actively engaged in cultural activities or ceremonies. [2 O.C. 223.5-2(b)]. The proposed

amendments also make an exception for any employee actively hunting, fishing, or trapping. [2 O.C.

223.5-2(c)]. The proposed amendments allow these three exceptions as long as the employee is required

to possess, use, or carry a weapon as part of their employment with the Nation, as part of cultural

activities or ceremonies in which they are actively participating, or if the employee is actively hunting,

fishing, or trapping according to the Nation’s laws and rules on hunting, fishing, or trapping and the

employee possess, uses, or carries the weapon within the normal scope of those activities. [2 O.C.

223.5-2].

▪ Effect. This proposed amendment allows the Nation to continue to prohibit an employee from

possessing, carrying, or using a weapon but it allows the Nation to make an exception for

specific jobs and job-related duties, cultural activities, and hunting, fishing, and trapping.

F. Redefining the reporting, investigation, and disciplinary procedures. The proposed amendments

clarify the duties of the EEO Department in conducting the investigation into allegations of workplace

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violence. [2 O.C. 223.9]. The proposed amendments clarify that when the EEO Department receives a

complaint of workplace violence, the EEO Department will delegate the responsibility to investigate to

one employee from within the EEO Department who will be known as the EEO Officer. [2 O.C. 223.91]. The proposed amendments clarify that all reports of workplace violence must be given to the EEO

Department rather than the employee’s supervisor. [2 O.C. 223.6-4]. The proposed amendments allow

the EEO Officer, instead of the employee’s supervisor, to place the employee on investigative leave

pursuant to the Nation’s Investigative Leave law, policies, and rules if the EEO Officer determines it

will be necessary. [2 O.C. 223.9-7]. The proposed amendments clarify that the EEO Department and

the Nation’s Human Resources Department will communicate and share information with each other

to ensure all complaints and investigations are properly and timely handled. [2 O.C. 223.6-5]. The

proposed amendments clarify that the EEO Officer will conclude the investigation when they have

obtained enough verifiable facts and information to make a safe and equitable decision. [2 O.C. 223.95]. The proposed amendments clarify the EEO Officer is responsible for meeting with the Nation’s

Human Resources Executive Director and the employee’s supervisor to mutually determine a final

decision. [2 O.C. 223.9-8]. The final decision shall be in writing, contain justification, and be signed

by the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s supervisor.

[2 O.C. 223.9-8(a)]. The EEO Department is responsible for keeping record of all supporting

documentation included in the investigative file. [2 O.C. 223.9-8(b)]. The EEO Officer should share

the investigative file with the Nation’s Human Resources Executive Director and the employee’s

supervisor three business days before they meet to determine the final decision. [2 O.C. 223.9-8(c)].

▪ Effect. The proposed amendments simplify the process for the Nation and its employees to

report an incident of workplace violence and then to have that incident be investigated and

managed by standardizing the requirement that all complaints and investigations are handled

by the EEO Department, specifically the EEO Officer. The proposed amendments also make

determining any disciplinary procedures, if any, more equitable by requiring the EEO Officer,

the Nation’s Human Resources Executive Director, and the employee’s supervisor to meet and

mutually determine disciplinary procedures, if any, and requiring the EEO Officer to share the

investigative file with the Nation’s Human Resources Executive Director and the employee’s

supervisor before they meet to determine the final decision.

G. Redefining employment eligibility. The proposed amendments clarify that if an employee resigns

during a workplace violence investigation that employee is not eligible for rehiring consideration with

the Nation. [2 O.C. 223.10-1]. That employee may be eligible for rehiring consideration, in a different

position, three (3) years from the date of resigning, if that employee receives a pardon from the Nation’s

Pardon and Forgiveness Committee. [2 O.C. 223.10-1]. The proposed amendments clarify that if an

employee is terminated as the result of a workplace violence investigation, that employee is not eligible

for rehiring consideration with the Nation but may be eligible for rehiring consideration, in a different

position, five (5) years after the date of termination if that employee receives a pardon from the Nation’s

Pardon and Forgiveness Committee [2 O.C. 223.10-2]. The proposed amendments clarify that if an

employee resigns during a workplace violence investigation but upon concluding the investigation, the

EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s supervisor

mutually determine that no incident of workplace violence occurred, that employee will be immediately

eligible for rehiring consideration. [2 O.C. 223.10-3].

▪ Effect. The proposed amendments allow the Nation to further ensure the safety of its employees

by making certain employees ineligible for employment with the Nation and requiring any

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employee subject to this law to receive a pardon from the Nation’s Pardon and Forgiveness

Committee before that employee may work for the Nation, even in a different position.

H. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

163

SECTION 6. EXISTING LEGISLATION

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A. Related legislation. The following laws and policy of the Nation are related to the proposed

amendments to this law:

▪ Investigative Leave Law. The purpose of the Investigative Leave law is to set forth a process

to address investigative leave for employees undergoing work-related investigations. [2 O.C.

208.1-1]. The law’s underlying policy is to conduct objective, confidential investigations into

alleged employee misconduct. [2 O.C. 208.1-2].

▪ According to the Investigative Leave law, the Nation may place an employee on

investigative leave when a situation requires an investigation and one of the

following occurs:

▪ The nature and severity of the alleged violation or alleged illegal

activity is significant and can include workplace violence, sexual

harassment, theft, arson, bribery, or perjury, or obstruction or

interference with an investigation authorized by the Nation. [2 O.C.

208.4-1(a)].

▪ The employee’s presence in the workplace may result in the

destruction of evidence relevant to the investigation, loss or damage

to property of the Nation, or otherwise damage a legitimate interest of

the Nation. [2 O.C. 208.4-1(b)].

▪ The employee’s presence in the workplace may pose an unacceptable

risk to the life, safety, health, or personal property of other employees,

contractors, vendors or visitors. [2 O.C. 208.4-1(c)].

▪ The employee allegedly commits an act which would preclude the

employee from meeting employment eligibility. [2 O.C. 208.4-1(d)].

▪ The law defines workplace to mean any location owned and operated by the

Nation, any location where employees are staffing an event sponsored by the

Nation, and any location where an employee represents the Nation, including overthe-road travel in vehicles owned or rented by the Nation and any circumstances

where an employee is being reimbursed for expenses. [2 O.C. 208.3].

▪ The law does not define workplace violence but does identify workplace violence

as one reason to place an employee on investigative leave. [2 O.C. 208.4-1(a)].

▪ The proposed amendments align with the Investigative Leave law by requiring the

EEO Officer to defer to the procedures of investigative leave if the EEO Officer

determines investigative leave is necessary. [2 O.C. 223.9-7]. The EEO Officer is

responsible for investigating allegations of workplace violence pursuant to the

procedures required in the Workplace Violence law; however, the EEO Officer

may place an employee on investigative leave pursuant to the Nation’s

Investigative Leave law.

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▪

Code of Ethics. The purpose of this law is to promote the highest ethical conduct in all of its

elected and appointed officials and employees. [1 O.C. 103.1].

▪

This law expects an employee to report any violation of the Code of Ethics,

as well as any other dishonest or illegal acts of which they become aware in

the workplace. [1 O.C. 103.5-3(c)(1)].

▪

This law also protects any employees who, in good faith, makes reports of any

dishonest or illegal act in the workplace. [1 O.C. 103.5-3(c)(1)].

This law also prohibits fighting on the job or premises and possession of

unauthorized firearms. [1 O.C. 103.5-3(c)(4)].

▪

Anonymous Letters Policy. The purpose of this law is to set in place a system where anonymous

information is forwarded to a location best able to verify its reliability and to act on the source

or the accusation. [3 O.C. 307.1-1].

▪ This law requires that any employee who receives anonymous information will

forward a summary of that information in a confidential manner to the Chief of the

Oneida Police Department. [3 O.C. 307.4-1]. This law also requires that all

information forwarded will contain information identifying who received it, the

day, date, and time received. [3 O.C. 307.4-2]. This law makes the Chief of the

Oneida Police Department responsible to maintain the files on anonymous

information and to take appropriate action consistent with police investigatory

procedures. [3 O.C. 307.4-3].

▪

The proposed amendments align with the Code of Ethics law which expects

an employee to report any violation of the Code of Ethics, as well as any

other dishonest or illegal acts of which they become aware in the workplace,

which would include instances of workplace violence. [1 O.C. 103.53(c)(1)].

The proposed amendments align with the Anonymous Letters Policy by

requiring that if an employee learns of an anonymous threat, the employee

shall immediately forward that information to the Chief of the Oneida Police

Department in accordance with the Nation’s laws, policies, and rules

governing anonymous letters; meaning if an employee learns of an

anonymous threat they are required to report under the Anonymous Letters

Policy and under the proposed amendments to the Workplace Violence law.

[2 O.C. 223.8-2].

Pardon and Forgiveness Law. The purpose of the Law is to provide a fair, efficient and formal

process by which a member of the Nation may receive a pardon for the conviction of a crime;

a member of the Nation may receive forgiveness for acts that render him or her ineligible for

housing or other benefits through the Nation; and a member or non-member of the Nation may

receive forgiveness for acts that render him or her ineligible to be employed with the Nation;

receive a Nation-issued occupational license, certification or permit; and/or obtain housing or

other benefits through the Nation [1 O.C. 126.1-1(a)].

▪ This law allows a tribal member to apply for a pardon one (1) year after an act is

committed. [1 O.C. 126-1(b)].

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▪

Public Peace Law. The purpose of this law is to set forth community standards and expectations

which preserve the peace, harmony, safety, health, and general welfare of individuals who live

within the boundaries of the Reservation. [3 O.C. 309.1-1]. It is further the policy of the Nation

to promote peace and order within the boundaries of the Reservation while also providing an

orderly process for addressing civil infractions. [3 O.C. 309.1-2].

▪ This law makes certain actions civil infractions subject to a citation, which can

include fines or other penalties, by the Oneida Police Department. [3 O.C 309.11].

▪ This law provides protections within the Reservation boundaries. [3 O.C. 309.1].

It would not apply to all instances of workplace violence, unless the workplace

violence occurred within the Reservation boundaries.

▪ This law applies when “[a] person commits” a civil infraction identified in the law;

it does not define or require that a “person” be a tribal member. [3 O.C. 309].

▪ This law gives the Oneida Trial Court and the Oneida Police Department the

jurisdiction and authority to hear, investigate, and issues citations for any action

under this law. [3 O.C. 309.4].

▪

This law allows a tribal member to apply for a pardon or a forgiveness for

an act that rendered the Tribal member ineligible for Tribal employment or

an occupational license, certification, or permit issued by the Tribe. [1 O.C.

126-1].

The proposed amendments align with the Pardon and Forgiveness law by

requiring the any employee that resigns or is terminated during, or as the

result of, a workplace violence investigation must receive a pardon from

the Pardon and Forgiveness Committee before the employee is eligible for

re-hiring consideration. [1 O.C. 126-1].

The proposed amendments align with the Public Peace law by setting

standards and protections for all persons within the Reservation

boundaries. [3 O.C. 309.1-1]. The Public Peace law makes certain actions

civil infractions subject to a citation, which can include fines or other

penalties, by the Oneida Police Department similar to how the proposed

amendments make certain actions and behaviors punishable as workplace

violence. [3 O.C 309.11]. This law’s enforcement mechanisms do not

conflict with the Workplace Violence law and both laws set similar

standards and protections for persons located within the Reservation and

all employees and visitors of the Nation.

Oneida Personnel Policies and Procedures. The purpose of this policy is to provide for the

Nation’s employee related policies and procedures including recruitment, selection,

compensation and benefits, employee relations, safety and health, program and enterprise

rules and regulations, and record keeping.

▪ This policy has procedures for handling an employee who has a disagreement or

complaint with another employee.

▪ For employee disagreements with another employee, the employee’s supervisor

will investigate and resolve.

Page 9 of 11

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▪

Any disciplinary actions will be initiated by an immediate supervisor.

The actions of threatening, attempting, or doing bodily harm to another person is

subject to termination.

The actions of intimidating, interfering with or using abusive language towards

customers, clients, co-workers, or others is subject to suspension or termination.

A variety of other behaviors are subject to disciplinary procedures ranging from a

written warning, suspension, or termination, including any violation of an

adopted Oneida Nation ordinance.

The proposed amendments do not conflict with the Oneida Personnel Policies

and Procedures. Even though the proposed amendments require all complaints

and investigations be made to and handled by the EEO Officer, the proposed

amendments make clear the supervisor may still be involved in any portion of the

investigation and will be responsible, along with the EEO Officer and the

Nation’s Human Resources Executive Director, for implementing the final

decision. [2 O.C. 223.9-2(b); 223.9-2(d)].

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A. The Workplace Violence law gives authority to the EEO Department, specifically the EEO Officer, to

investigate all complaints of alleged workplace violence. [2 O.C. 223.9-1].

B. The Workplace Violence law requires that when the EEO Department receives a complaint of

workplace violence, the EEO Department will delegate the investigative responsibilities to the EEO

Officer who shall promptly inform the immediate supervisor of the employee being complained about

so the immediate supervisor is aware:

▪ the EEO Officer will be investigating the employee;

▪ knows the EEO Officer may place the employee on investigative leave; and

▪ knows they will be responsible, along with the EEO Officer and the Nation’s Human Resources

Director for deciding and implementing the final decision. [2 O.C. 223.9-1; 2 O.C. 223.9-2].

C. The Workplace Violence law requires that the EEO Officer, the Nation’s Human Resources Executive

Director and the employee’s supervisor mutually determine an appropriate final decision. [2 O.C.

223.9-8].

D. The Workplace Violence law requires that the final decision be in writing, contain justification, and be

signed by the EEO Officer, the Nation’s Human Resources Executive Director, and the employee’s

supervisor. [2 O.C. 223.9-8(a)].

E. The Workplace Violence law requires that the final decision and all supporting documentation included

in the investigative file be filed with the EEO Department for reporting purposes. [2 O.C. 223.9-8(b)].

F. The Workplace Violence law requires that three (3) business days prior to meeting to mutually determine

the final decision, the EEO Officer should share the investigative file with the Nation’s Human

Resources Executive Director and the employee’s supervisor. [2 O.C 223.9-8(c)].

G. If the EEO Department is made aware that an employee made a report of workplace violence other than

in good faith, that employee may be disciplined according to the Nation’s laws, policies, and rules

governing employment, up to and including termination. [2 O.C. 223.11].

H. To the greatest extent possible, the Nation shall maintain the confidentiality of employees and the

investigation. [2 O.C. 223.12-1].

Page 10 of 11

SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A

titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides

further clarification on who the Legislative Operating Committee may direct complete a fiscal impact

statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact

statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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I. Any employee who violates the Workplace Violence law may be subject to disciplinary action under

the Nation’s laws, policies, and rules governing employment, up to and including termination. [2 O.C.

223.13-1].

I. Any employee who violates the Workplace Violence law may be subject to removal from a workplace

of the Nation. [2 O.C. 223.13-2].

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Commented [CL2]: For the substantive sections - not

the titles of each section - make sure font is all the same

size - justified - and spaced the same. I always use a 1.15

spacing for analysis

Commented [CL1]: Did HRD ever provide any data on

how many WPV cases are occurring each year? If they

did - it would be good to incorporate into the legislative

analysis

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee

August 20, 2025

Public Use of Tribal Land Law

Amendments

Submission Date: 12/7/22

LOC Sponsor: Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion

“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,

Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board

and for the assessment to be submitted at the second meeting Business Committee meeting in September”.

In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the

authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were

jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be

assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the

intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA

and/or the Land Commission.

On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and

Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment

Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to

take place in order to complete the dissolution of the Environmental Resource Board including

amendments to laws and addressing any background material. The Oneida Law Office provided this report

to the Oneida Business Committee on November 29, 2022.

This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments

to address the dissolution of the Environmental Resources Board, and transition the Board’s

responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida

Land Commission.

10/4/23 LOC: Motion by Marlon Skenandore to add the Public Use of Tribal Land Law Amendments to the

Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.

The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had

with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.

4/29/25:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Clorissa Leeman,

Krystal John, Eric Boulanger, Joel Maxam, Eric McLester, Nicole Rommel, Fawn Billie,

Fawn Cottrell. The purpose of this work meeting was to review the Public Use of Tribal Land

law and begin discussing potential comprehensive amendments.

Page 1 of 2

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

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5/20/25:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jennifer

Webster, Clorissa Leeman, Krystal John, Joel Maxam, Eric McLester, Nicole Rommel, Kristal

Hill, Fawn Billie, Fawn Cottrell. The purpose of this work meeting was to review the initial

draft of proposed amendments to the Public Use of Tribal Lawn law.

8/11/25:

Work Meeting. Kirby Metoxen, Clorissa Leeman, Rhiannon Metoxen, Eric Boulanger, Joel

Maxam, Fawn Cottrell, Kristal Hill, Nicole Rommel, Krystal John. The purpose of this work

meeting was to review and discuss an update draft of the proposed amendments.

Next Steps:

 Approve the draft of the Public Use of Tribal Land law amendments.

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

Page 2 of 2

ONEIDA

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Title 6. Property and Land – Chapter 609

PUBLIC USE OF TRIBAL LAND

Tsi> yuhw<tsya=t# tewatenhot&kwa> Ukwehuw#=ne

That of the earth one opens it up Oneida Nation

609.1. Purpose and Policy

609.2. Adoption, Amendment, Repeal

609.3. Definitions

609.4. Environmental Resource Board

609.5. Land Access Map

609.6. Trespass

609.7. Violations and Appeals

PUBLIC USE OF TRIBAL LAND

609.1.

609.2.

609.3.

609.4.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Responsibilities of Land Management

609.5.

609.6.

609.7.

Land Access Map for Tribal Lands

Assignment and Use of Tribal Land

Enforcement

609.1.

Purpose and Policy

609.1-1. Purpose. The purpose of this law is to prevent improper access, use, and trespass to

Tribal lands.

609.1-2. Policy. It is the policy of the Nation to limit access to Tribal lands to protect and

preserve the environment and natural resources including forests, wildlife, air, and waters, through

appropriate uses of the land.

609.2.

Adoption, Amendment, Repeal

609.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-14C and amended by BC-12-10-14-A, BC-01-13-16-C and ,BC-07-26-17-D. and BC-__-__-__-__.

609.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

609.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity does not affect other provisions of this law which are considered

to have legal force without the invalid portions.

609.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law controls.

609.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

609.2-6. This law may not be construed to preclude the Nation from pursuing relief for criminal

trespass under applicable law.

609.3.

Definitions

609.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Designation” means the term used to describe the type of access granted to certain

Tribal lands.

(b) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law, which is payable to ERB or the Department within the

amount of time designated by the rules.

6 O.C. 609 – Page 1

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into and administering agricultural and commercial leases on behalf of the Nation,

processing trust transactions and land acquisition transactions, and for fulfilling other

responsibilities as identified within this law.

(d) “Land Use License” means an agreement entered into by the Nation providing a tribal

member the right to have gatherings within the reservation boundaries of groups larger than

seventy-five (75) people and/or an agreement between the Nation and any third-party

granting said party the right to occupy and/or utilize a specified piece of land for a specific

purpose and a specific duration.

(d) “Lease” means any lease or agreement, including business site leases, entered into by

the Nation and any person to allow the use of Tribal lands.

(d) e) “Nation” means the Oneida Nation.

(e)f)

“Person” means any individual, group of individuals, corporation,

partnership, limited liability company, or any other form of business organization.

(fg)“Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

confiscation of equipment, the imposition of a wildlife protection assessment (civil

recovery value), and restitution.

(gh)

“Reservation” means all the lands and waters within the exterior boundaries

of the Reservation of the Oneida Nation, as created pursuant to the 186091809 Treaty with

the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law.

(h) “Trespass” means the unauthorized use or entry on Tribal lands, including unauthorized

uses under any law, rule, permit or lease of the Nation.

(i) (i “Rule” means a set of requirements, including a Land Access Map, and citation fees

and penalty schedules, enacted in accordance with the Administrative Rulemaking law

based on authority delegated in this law in order to implement, interpret and/or enforce this

law.

(j) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, as identified in

Article V of the Constitution and Bylaws of the Oneida Nation which is the judicial system

that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and

then later authorized to administer the judicial authorities and responsibilities of the Nation

by Oneida General Tribal Council resolution GTC-03-19-17-A

(k) “Tribal member” means an enrolled member of the Nation.

(l) “Tribal Land” means all of the Nation’s trust lands, and any land or interest in land held

by the Nation in fee or in any other form on the Reservation.

609.4.

Environmental Resource Board

Responsibilities of Land Management

609.4-1. The Environmental Resource Board hasLand Management shall be delegated the duty

and power to carry out the intent and purposes of this law and enforce the provisions of this law.

The Environmental Resource Board, or designated staff, shall:.

609.4-2. Administrative Rulemaking. Land Management shall be delegated rulemaking authority

in accordance with the Administrative Rulemaking law to develop rules which address:

(a) Develop, approveThe development, approval, and maintainmaintenance of the Land

Access Map.;

(b) Hold public hearings on proposed amendments to the Land Access Map.

posted and ensure the appropriate signs are posted.;

6 O.C. 609 – Page 2

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(d) Implement and Issuance of easements;

(e) A fine and penalty schedule for violations of this law and its corresponding rules; and

(f) Any other rule needed to implement or interpret the provisions of this law.

(e) As it deems appropriate, prescribe permissible and/or prohibited uses for Tribal land

that it designates as Oneida Community Access, Oneida Tribal Member Access or Open

Access, provided that such permissible and/or prohibited uses may not contradict with the

Zoning and Shoreland Protection Ordinance. Upon establishment of permissible and/or

prohibited uses, the Environmental Resource Board shall notify the Oneida Business

Committee of the permissible and/or prohibited uses and shall post notice of such uses on

the affected Tribal Land.

609.4-3. Consultation. Land Management shall consult with the Land Assessment Team on the

development of all administrative rules.

(a) Land Assessment Team. The Land Assessment Team shall be comprised of the

following professionals employed by the Nation:

(1) Land Management Senior Management;

(2) Planning and Development Area Manager;

(3) Environmental Specialist;

(4) Tribal Historical Preservation Officer;

(5) GLIS Specialist;

(6) Zoning Administrator;

(7) Other subject matter experts based on the characteristics of the parcel to

include:

(A) If there is a house, then Comprehensive Housing Division Maintenance

and Rehabilitation Area Manager.

609.5.

Land Access Map for Tribal Lands

609.5-1. Designation of Tribal Lands. A Land Access Map mustshall be created which

designates Tribal land as one (1) of the following:

(a) Limited Access: Lands designated as “Limited Access” are open to all persons who are

granted land access permission by the Nation through a permit or lease for specified

purposes. The Environmental Resource Board.

(1) Land Management may choose to designate a portion of land as Limited Access

in order to manage, preserve, and protect that land for environmental, cultural, or

other significance.

(2) Lands designated as Limited Access shall be open to all persons who are

granted land access permission by the Nation for specified purposes.

(b) Oneida Community Access:.

(1) Land Management may choose to designate land as Oneida Community Access

in order to manage, preserve, and protect access to locations that have cultural or

environmental significance.

(2) Lands designated as “Oneida Community Access” areshall be open to:

(A) Tribal members, and their;

(B) spouses and descendants; of Tribal members;

communities;

(D) authorized employees of the Nation; and

6 O.C. 609 – Page 3

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(E) persons who are accompanied at all times by a Tribal member, the

spouse or descendant of a Tribal member, or an authorized employee of the

Nation.

(1) A Conservation Warden or Oneida Police Officer may require a person to

provide proof of eligibility to use Oneida Community Access lands.

(2) The Environmental Resource Board may choose to designate land as Oneida

Community Access in order to manage, preserve and protect access to locations

that have cultural or environmental significance.

are open to Tribal members only. The Environmental Resource Board.

(1) Land Management may designate land as Oneida Tribal Member Access to

protect the land for Tribal member use due to the historical, spiritual, cultural,

and/or environmental significance of the land.

(d) Open:2) Lands designated as “OpenOneida Tribal Member Access” are

generally open to all persons for the land’s designated use and enjoyment. The

Environmental Resource BoardTribal members only.

(d) Open.

(1) Land Management may designate land as Open Access where such designation

is deemed beneficial to the Nation and where such designation does not pose

significant risk of damage to the Nation’s policies and/or the land’s cultural or

environmental preservation.

(2) Lands designated as Open Access are generally open to all persons for the

land’s designated use and enjoyment.

609.5-2. General Land Designation. Unless otherwise designated, Tribal land is designated as

limited access.

609.5-3. Notwithstanding the restrictions of section 609.5-1, nothing in this law may be

construed as preventing the following persons from entering Tribal land, regardless of the land

designation:

(a) Employees of the Nation who are performing their job duties;

(b) Those persons who are performing grant or contractual obligations related to the Tribal

land and on behalf of the Nation;

(d) Those persons who have been granted access to the land by the Environmental

Resource BoardLand Management.

609.5-3. Development609.5-4. Accessibility of the Land Access Map. The Environmental

Resource BoardLand Management shall developensure that the Land Access Map is made digitally

available on the Nation’s website.

609.6in coordination. Assignment and Use of Tribal Land

609.6-1. Assignment of Land Uses. Land Management shall be responsible for allocating and

assigning land uses to all Tribal land. The purpose of assigning land uses is to set consistent

practices and expectations for Land Management’s reviewing and assigning of land uses to Tribal

land in a way that incorporates all approved land policies to care for the land while working

towards building an autonomous community.

609.6-2. Permissible and Prohibited Uses for Tribal Land. As it deems appropriate, Land

Management may prescribe permissible and/or prohibited uses for Tribal land;

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(a) Such permissible and/or prohibited uses may not contradict with the Oneida

Environmental HealthZoning and Safety Division, the Oneida DivisionShoreland

Protection Ordinance.

(b) Upon establishment of permissible and/or prohibited uses, Land Management,

Geographic Land Information Systems and other shall post notice of such designated

agencies of the Nation. The Environmental Resource Board shall adopt the initial Land

Access Mapuses on the affected Tribal Land.

609.5-4.

General(1) Any postings of land shall be done in accordance with

the requirements of the Real Property law.

609.6-3. Land Designation. Unless otherwise designated, Tribal land is designated as limited

access.

609.5-5. Amending theUse License. Land Access Map. The Environmental Resource Board

may, from time to time, in the manner hereafter set forth, amend the Land Access Map, provided

that due consideration must be madeManagement shall be responsible for the intentcreating a

process for accepting, reviewing, and purposes of the designation.

(a)

Amendments may be proposed by any person by filing an approving or denying land use

license application with the Environmental Resource Board in such format and accompanied by

such information as required by the Board.requests.

(b)

Public Hearing. The Environmental Resource Board609.6-4. Easements. Land

Management shall holdbe responsible for creating a public hearing on eachprocess for accepting,

reviewing, and approving or denying easement application requests.

609.7.

Enforcement

609.7-1. An Oneida Police Department officer or warden may require a person to amend the Land

Access Mapprovide proof of eligibility to use any designated Tribal lands.

(1) The Environmental Resource Board shall set a date for the public hearing and

meet the notice requirements of the public hearing as soon as possible after the

filing of the application is complete.

(A) Notice. Not less than ten (10) business days and not more than thirty

(30) business days prior to the public hearing, notice, including the time,

place and purpose of the public hearing, must be:

(i) published in the Nation’s newspaper; and

(ii) mailed to all owners of land located within twelve hundred

(1,200) feet of the outer boundaries of the land that is the subject of

the public hearing.

(B) Any person who cannot attend the public hearing may be represented

by an agent, advocate or attorney at the public hearing.

Environmental Resource Board shall also accept written comments, which

must be submitted within five (5) business days of the date of the public

meeting.

(D) The Environmental Resource Board shall issue a decision or

recommendation regarding amendments to the Land Access Map within

seven (7) business days after the public hearing is held.

(2) The Environmental Resource Board together with the Environmental Health

and Safety Division shall, after holding a public hearing and reviewing any

comments received, make written findings of fact and determine whether to amend

the Land Access Map.

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(3) The Environmental Resource Board shall make findings based upon the

evidence presented to it with respect to the following matters:

(A) Existing uses of the land and buildings within the general area of the

land in question.

(B) Suitability of the land in question to the uses permitted under the

existing Land Access Map.

(4) The Environmental Resource Board may not amend the Land Access Map

unless it finds that adopting such amendment is in the Nation’s best interest and is

not solely for the interest of the applicant.

Land Access Map; however, amendments must require a two-thirds (2/3) vote of the

Environmental Resource Board if a written protest against any amendment is presented to

the Environmental Resource Board and is signed by:

(1) the lessees, assignees and owners of at least twenty percent (20%) of the acres

of land included in such amendment; or

(2) the lessees, assignees and owners of at least twenty percent (20%) of the land

immediately adjacent to the land included in such amendment, extending in a radius

of twelve hundred (1,200) feet of the outer boundaries of the land.

609.6.

Trespass609.7-2. Issuance of a Citation. An individual who violates a provision of this

law may be subject to the issuance of a citation by an Oneida Police Department officer or warden.

(a) A citation for a

609.6-1. A person trespasses if the person enters or otherwise occupies Tribal land and:

(a) Refuses to leave land to which the person has no reasonable claim or right of possession

when requested to do so.

(b) Enters upon such land after being noticed by the landowner or occupant that permission

for the person to enter such land does not exist, or has been expressly denied or revoked.

A person has been noticed that permission by the landowner or occupant for such person

to enter such land does not exist if he or she has been notified publicly, by publication of

the Land Access Map on the Nation’s website and/or in the Nation’s newspaper, or if the

land is posted. Land is considered to be posted if one (1) of the following requirements is

met:

(1) A sign at least eleven inches (11”) square is placed in at least two (2)

conspicuous places for every forty (40) acres of land to be protected. The sign shall

provide an appropriate notice and the name of the person giving the notice,

followed by the word “owner” if the person is the holder of legal title to the land or

by the word “occupant” if the person is a lawful occupant of the land, but not the

holder of legal title.

(2) Markings at least one foot (1’) long and, in a contrasting color, the phrase

“private land” and the name of the owner, are made in at least two (2) conspicuous

places for every forty (40) acres of land.

otherwise required under applicable law:1

Current Tribal laws that authorize conduct described in 609.6-1(c): Protection and Management of Archeological

and Historical Resources; Oneida Tribal Regulation of Domestic Animals Ordinance; Tribal Environmental Response

Law; Wood Cutting Ordinance; Recycling and Solid Waste Disposal; Hunting, Fishing and Trapping Law; All-Terrain

Vehicle Law; Zoning and Shoreland Protection Law.

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(1) Destroys land, waters, livestock, poultry, buildings, equipment, or any property

without consent or permission.

(2) Cuts or destroys any wood, timber, plant, vegetation, or crop standing on the

land, or carries away any wood, timber, plant, vegetation or crop on the land.

(3) Engages in any act, or attempted act of hunting, trapping or fishing.

(4) Digs, takes, or carries away earth, soil, minerals, cultural resources, or any other

property.

(5) Erects, puts up, fastens, prints, or paints upon another’s property, notices,

advertisements, signs or other writing designed to communicate to the general

public.

(6) Parks or drives any vehicle on the land.

(7) Permits or allows livestock or any domesticated animal to enter upon or remain

upon the land.

(8) Uses or possesses leased or sub-leased lands beyond the possessory rights

granted by such lease or sub-lease.

(9) Dumps, deposits, places, throws, burns, emits or leaves rubbish, refuse, debris,

substances, or other objects upon a highway, road, air, waters or any land.

609.7.

Violations, Enforcement and Appeals

609.7-1.

Citations. Citations for the violation of this law and/or any orders issued

pursuant to this law may include fines, and other penalties and, as well as conditional and

other orders in accordance with the citation schedule applicable to this law. A separate

offense shall be deemed committed on each day during or on which made by the Trial

Court.

(b) A citation for a violation occurs or continues. The issuance of a citation or fine under

any other law relating to the same or any other matter does not preclude the issuance of a

citation under this lawof this law shall be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations.

(a) Any order issued pursuant to this law that is not complied with may be physically

enforced by Oneida Police Officers or Oneida Conservation Wardens at the Owner’s

expense.

(b) The Oneida Police Department, by me

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.