# Oneida Business Committee (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A8efc1ac13f5d9245 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 90 ~ Oneida Nation Oneida Business Committee Legislative Operating Committee 000000 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. I. 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) V. 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. 2 of 90 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 I. 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 3 of 90 V. 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 4 of 90 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\. =DODDDD= 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. 5 of 90 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 6 of 90 Draft 2 2025 08 20 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 503.45. 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 7 of 90 Draft 2 2025 08 20 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 individuals employed under an employment contract as a limited term employee are employees of the Tribe Nation, not consulted independent contractors.ants. (c) “Employee-owned business entity” means a for-profit business which is majority owned and 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 (c) the content of the contract meets the legal needs for the protection of Tribalthe Nation’s assets, 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 8 of 90 Draft 2 2025 08 20 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 (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. (c) Taxpayer Identification Number. If an independent contractor operates a sole proprietorship and 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. (c) there is no relation between the wages paid to the individual as an employee of the Tribe and 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 (c) all payments for independent contractor services are made directly to the employee-owned business entity, not to an individual. End. 5 O.C. 503 – Page 3 9 of 90 Draft 2 2025 08 20 144 145 146 147 148 149 150 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 10 of 90 Draft 2 2025 08 20 Title 5. Business – Chapter 503 INDEPENDENT CONTRACTORS 503.1. Purpose and Policy 503.2. Adoption, Amendment, Repeal 503.3. Definitions 503.4. Worker Classification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 503.5 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. (c) “Employee-owned business entity” means a business which is majority owned and managed by 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 11 of 90 Draft 2 2025 08 20 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (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 (c) the content of the contract meets the legal needs for the protection of the Nation’s assets 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. (c) Taxpayer Identification Number. If an independent contractor operates a sole proprietorship and 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 12 of 90 Draft 2 2025 08 20 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 (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. (c) there is no relation between the wages paid to the individual as an employee and the 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 13 of 90 Analysis to Draft 2 2025 08 20 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 14 of 90 Analysis to Draft 2 2025 08 20 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. 1 2 3 4 5 6 7 8 9 10 11 12 SECTION 2. LEGISLATIVE DEVELOPMENT 13 14 15 16 17 18 19 20 21 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: Page 2 of 5 15 of 90 Analysis to Draft 2 2025 08 20 22 23 24 25 26 27 • ▪ 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]. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 4. PROCESS 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 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 Page 3 of 5 16 of 90 Analysis to Draft 2 2025 08 20 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 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. 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 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. Page 4 of 5 17 of 90 Analysis to Draft 2 2025 08 20 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 ▪ 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)]. 122 123 124 125 126 127 128 129 130 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]. 131 132 133 134 135 136 137 138 139 140 141 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. Page 5 of 5 18 of 90 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. Page 1 of 4 A good mind. A good heart. A strong fire. 19 of 90 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. Page 2 of 4 A good mind. A good heart. A strong fire. ~ ONEIDA 20 of 90 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. Page 3 of 4 A good mind. A good heart. A strong fire. ~ ONEIDA 21 of 90 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. Page 4 of 4 A good mind. A good heart. A strong fire. ~ ONEIDA 22 of 90 Draft 2 2025 08 20 Title 2. Employment – Chapter 223 WORKPLACE VIOLENCE ONEIDA TRANSLATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 223.1. 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. (c) “Employee” means anyoneany person employed by the ONEIDA Nation in one of the following employed capacities: full-time, part-time, emergency temporary, limited term, or on a contractual basis. 2 O.C. 223 – Page 1 23 of 90 [Type here] 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (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 24 of 90 [Type here] 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 (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; (c) hunting, fishing, or trapping on property of the Nation in a way to intimidate, threaten or 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 (c) 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. 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. 2 O.C. 223 – Page 3 25 of 90 [Type here] 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 223.6-3. 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. 2 O.C. 223 – Page 4 26 of 90 [Type here] 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 (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 2 O.C. 223 – Page 5 27 of 90 [Type here] 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 223.9-1. 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; (c) Examine the workplace for security risk factors associated with the incident, including 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. (c) Record keeping. The final decision and all supporting documentation, included in the Investigative file, shall be filed with EEO for reporting purposes. 2 O.C. 223 – Page 6 28 of 90 [Type here] 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 (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; (c) notify the Oneida Police Department or local law enforcement when a potential criminal act 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: 2 O.C. 223 – Page 7 29 of 90 [Type here] 314 315 316 317 318 319 320 321 322 323 324 325 (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 (c) the release of information is pursuant to applicable laws and/or policies. 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 2 O.C. 223 – Page 8 30 of 90 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. (c) “Employee” means any person employed by the Nation in one of the following 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. 2 O.C. 223 – Page 1 31 of 90 [Type here] 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 (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; 2 O.C. 223 – Page 2 32 of 90 [Type here] 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 (c) direct threats or intimidation; (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; (c) hunting, fishing, or trapping on property of the Nation in 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 (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 2 O.C. 223 – Page 3 33 of 90 [Type here] 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 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. 2 O.C. 223 – Page 4 34 of 90 [Type here] 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 223.9-2. 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; (c) knows the EEO Officer may place the employee on investigative leave if they determine 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; (c) visit the scene of the incident as soon as possible; (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. 2 O.C. 223 – Page 5 35 of 90 [Type here] 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 (c) Record keeping. The final decision and all supporting documentation, included in the 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 (c) the release of information is pursuant to applicable laws or policies. 223.13. Enforcement 2 O.C. 223 – Page 6 36 of 90 [Type here] 252 253 254 255 256 257 223.13-1. 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 2 O.C. 223 – Page 7 37 of 90 Analysis to Draft 2 2025 08 20 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]. Page 1 of 11 38 of 90 Analysis to Draft 2 2025 08 20 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 Page 2 of 11 39 of 90 Analysis to Draft 2 2025 08 20 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. 1 SECTION 2. LEGISLATIVE DEVELOPMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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. 16 SECTION 3. CONSULTATION AND OUTREACH 17 18 19 20 21 22 23 24 25 26 27 ▪ • 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 Page 3 of 11 40 of 90 Analysis to Draft 2 2025 08 20 28 29 ▪ Oneida Personnel Policies and Procedures. 30 SECTION 4. PROCESS 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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. 63 SECTION 5. CONTENTS OF THE LEGISLATION 64 65 66 67 68 69 70 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 Page 4 of 11 41 of 90 Analysis to Draft 2 2025 08 20 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 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 Page 5 of 11 42 of 90 Analysis to Draft 2 2025 08 20 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 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 t [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A8efc1ac13f5d9245. Public record. Not legal advice.