Oneida Business Committee (2024)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, February 13, 2024

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, February 14, 2024

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Nation School Board - Melissa Skenandore

Sponsor: Lisa Liggins, Secretary

Oneida Election Board Ad Hoc Committee - Candace House- Administered Oath of

Office on February 8, 2024

Sponsor: Lisa Liggins, Secretary

Oneida Land Claims Commission - Candace House - Administered Oath of Office on

February 8, 2024

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Amendments to the Clean Air Policy

Sponsor: Jameson Wilson, Councilman

Adopt resolution entitled Amendments to the Drug and Alcohol Free Workplace Law

Sponsor: Jameson Wilson, Councilman

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 6

February 14, 2024

Public Packet

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Adopt resolution entitled FY 2024 Community Opioid Intervention Prevention

Program

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Temporary Assistance to Needy Families (TANF) Grant

Application

Sponsor: Mark W. Powless, General Manager

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the January 11, 2024, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

Accept the January 25, 2024, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

LEGISLATIVE OPERATING COMMITTEE

VII.

Accept the January 17, 2024, regular Legislative Operating Committee

meeting minutes

Sponsor: Jameson Wilson, Councilman

TRAVEL REPORTS

Approve the travel report - Vice-Chairman Brandon Yellowbird-Stevens - White

House Tribal Nations Summit - Washington, D.C. - December 5-7, 2023

Sponsor: Brandon Yellowbird-Stevens, Vice-Chairman

Approve the travel report - Councilwoman Jennifer Webster - Administration of

Children & Families (ACF) Tribal Advisory Committee (TAC) Triannual Meeting Washington, D.C. - October 23-26, 2023

Sponsor: Jennifer Webster, Councilwoman

Approve the travel report - Councilwoman Jennifer Webster - Bemidji Area Budget

Formulation - Prior Lake, MN - November 6-8, 2023

Sponsor: Jennifer Webster, Councilwoman

Approve the travel report - Councilwoman Jennifer Webster - Child Care

Development Fund (CCDF) Tribal Consultation - Albuquerque, NM - November 29December 1, 2023

Sponsor: Jennifer Webster, Councilwoman

Approve the travel report - Councilwoman Jennifer Webster - Indian Health Services

(IHS) Tribal Self Governance Advisory Committee meeting - Washington, D.C. December 12-14, 2023

Sponsor: Jennifer Webster, Councilwoman

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 6

February 14, 2024

Public Packet

VIII.

IX.

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TRAVEL REQUESTS

Approve the travel request - Chairman Tehassi Hill - Government Accountability

Office Tribal and Indigenous Advisory Council (GAO TIAC) - Washington, D.C. February 27-March 1, 2024

Sponsor: Tehassi Hill, Chairman

Approve the travel request - Chairman Tehassi Hill - 2024 Midwest Alliance of

Sovereign Tribes (MAST) Impact Week - Washington, D.C. - March 5-8, 2024

Sponsor: Tehassi Hill, Chairman

Approve the travel request - Vice-Chairman Brandon Yellowbird-Stevens - Indian

Gaming Association (IGA) Tradeshow and Convention - Anaheim, CA - April 8-11,

2024

Sponsor: Brandon Yellowbird-Stevens, Vice-Chairman]

Approve the travel request - Treasurer Lawrence Barton - Native American Finance

Officers Association (NAFOA) Annual Conference - Hollywood, FL - April 27-May 1,

2024

Sponsor: Lawrence Barton, Treasurer

Approve the travel request - Councilwoman Jennifer Webster - Health and Human

Services (HHS) Budget Consultation - Washington, D.C. - April 8-11, 2024

Sponsor: Jennifer Webster, Councilwoman

Approve the travel request - Councilwoman Jennifer Webster - 2024 National Tribal

Health Conference - Rapid City, SD - May 18-24, 2024

Sponsor: Jennifer Webster, Councilwoman

NEW BUSINESS

Review tribal member request regarding the Oneida Higher Education Office and

determine next steps

Sponsor: Marena Bridges, Tribal Member

Review the Sports Wagering (Chapter 8) Oneida Gaming Minimum Internal Controls

and determine appropriate next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Post one (1) vacancy - Oneida Nation Commission on Aging

Sponsor: Lisa Liggins, Secretary

REPORTS

OPERATIONAL (8:30 a.m.)

Accept the Emergency Management FY-2024 1st quarter report (not

submitted)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Oneida Business Committee

Regular Meeting Agenda

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February 14, 2024

Public Packet

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APPOINTED BOARDS, COMMITTEES, COMMISSIONS (8:30 a.m.)

Accept the Anna John Resident Centered Care Community Board FY-2024 1st

quarter report

Sponsor: Lorna Skenandore, Chair/Anna John Resident Centered Care

Community Board

Accept the Environmental Resources Board FY-2024 1st quarter

memorandum

Sponsor: Lisa Liggins, Secretary

Accept the Oneida Community Library Board FY-2024 1st quarter report

Sponsor: Bridget John, Chair/Oneida Community Library Board

Accept the Oneida Nation Arts Board FY-2024 1st quarter report

Sponsor: Cody Cottrell, Chair/Oneida Nation Arts Board

Accept the Oneida Nation Veteran Affairs Committee FY-2024 1st quarter

report

Sponsor: Gerald Cornelius, Chair/Oneida Nation Veteran Affairs Committee

Accept the Oneida Personnel Commission FY-2024 1st quarter memorandum

Sponsor: Lisa Liggins, Secretary

Accept the Oneida Police Commission FY-2024 1st quarter report

Sponsor: Richard VanBoxtel, Chair/Oneida Police Commission

Accept the Pardon and Forgiveness Screening Committee FY-2024 1st

quarter report

Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee

Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board

FY-2024 1st quarter report

Sponsor: Diane Hill, Chair/Southeastern Wisconsin Oneida Tribal Services

Advisory Board

ELECTED BOARDS, COMMITTEES, COMMISSIONS (9:00 a.m.)

Accept the Oneida Election Board FY-2024 1st quarter report

Sponsor: Ray Skenandore, Chair/Oneida Election Board

Accept the Oneida Gaming Commission FY-2024 1st quarter report

Sponsor: Mark Powless Sr., Chair/Oneida Gaming Commission

Accept the Oneida Land Claims Commission FY-2024 1st quarter report

Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission

Accept the Oneida Land Commission FY-2024 1st quarter report

Sponsor: John Danforth, Chair/Oneida Land Commission

Accept the Oneida Nation Commission on Aging FY-2024 1st quarter report

Sponsor: Winnifred Thomas, Chair,/Oneida Nation Commission on Aging

Oneida Business Committee

Regular Meeting Agenda

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February 14, 2024

Public Packet

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XI.

Accept the Oneida Nation School Board FY-2024 1st quarter report

Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board

Accept the Oneida Trust Enrollment Committee FY-2024 1st quarter report

Sponsor: Jermaine Delgado, Chair/Oneida Trust Enrollment Committee

STANDING COMMITTEES

Accept the Finance Committee FY-2024 1st quarter report

Sponsor: Lawrence Barton, Treasurer

Accept the Legislative Operating Committee FY-2024 1st quarter report

Sponsor: Jameson Wilson, Councilman

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report (10:30 a.m.)

Sponsor: Mark W. Powless, General Manager

Accept the Gaming General Manager FY-2024 1st quarter report (8:30 a.m.)

Sponsor: Louise Cornelius, Gaming General Manager

Accept the Retail General Manager FY-2024 1st quarter report (9:30 a.m.)

Sponsor: Debra Powless, Retail General Manager

Accept the Executive HR Director FY-2024 1st quarter report (1:30 p.m.)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Accept the Security Director FY-2024 1st quarter report (2:00 p.m.)

Sponsor: Katsitsiyo Danforth, Security Director

Accept the Treasurer's December 2023 report (11:30 a.m.)

Sponsor: Lawrence Barton, Treasurer

Accept the Hotel to Gaming Transition Committee February 2024 report (9:00

a.m.)

Sponsor: Louise Cornelius, Gaming General Manager

AUDIT COMMITTEE

Accept the Audit Committee FY-2024 1st quarter report

Sponsor: Lisa Liggins, Secretary

Accept the November 14, 2023, regular Audit Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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February 14, 2024

Public Packet

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Accept the Cage/Vault/Kiosk Year End compliance audit and lift the

confidentiality requirement

Sponsor: Lisa Liggins, Secretary

Accept the Sports Wagering compliance audit and lift the confidentiality

requirement

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS

XII.

Review Chief Financial Officer memorandum and determine next steps

Sponsor: Keith Doxtator, Chief Financial Officer

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 6 of 6

February 14, 2024

Public Packet

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Oneida Nation School Board - Melissa Skenandore

Business Committee Agenda Request

1. Meeting Date Requested:

02/14/24

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Bonnie Pigman, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

Public Packet

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

February 1, 2024

RE:

Oath of Office – Oneida Nation School Board

Background

On January 24, 2024, the Oneida Business Committee appointed Melissa Skenandore. to the

Oneida Nation School Board.

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

Public Packet

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Oneida Election Board Ad Hoc Committee - Candace House- Administered Oath of Office on February 8,.

Business Committee Agenda Request

1. Meeting Date Requested:

02/14/24

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Shannon Davis, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

SDAVIS

Public Packet

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

February 8, 2024

RE:

Oath of Office – Oneida Election Board Ad-Hoc Committee

Background

On January 24, 2024, the Oneida Business Committee appointed Candace House to the

Oneida Election Board Ad Hoc Committee.

Candace Houses’ oath would have been scheduled for the Oneida Business Committee

meeting on February 14, 2024; however, she was unable to attend. Other

arrangements to administer her oath were made in accordance with the Boards,

Committees, and Commissions law.

“§105.9-1 (b) If an oath is administered outside of an Oneida Business Committee

meeting, a quorum of Oneida Business Committee members shall be present to

witness the oath.”

On February 8, 2024, Secretary Lisa Liggins administered the oath of office to Candace

House. The following Oneida Business Committee members were present: Lawrence

Barton, Jonas Hill, Tehassi Hill, Lisa Liggins, Kirby Metoxen and Jennifer Webster.

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

Public Packet

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Oneida Land Claims Commission - Candace House - Administered Oath of Office on February 8, 2024

Business Committee Agenda Request

1. Meeting Date Requested:

02/14/24

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Bonnie Pigman, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

Public Packet

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

February 8, 2024

RE:

Oath of Office – Oneida Land Claims Commission

Background

On February 8, 2024, the Oneida Business Committee appointed Candace House to the Oneida

Land Claims Commission.

Candace’s oath would have been scheduled for the Oneida Business Committee meeting on

February 13, 2024, however, she was unable to attend. Other arrangements to administer her

oath was made in accordance with the Boards, Committees, and Commissions law.

“§105.9-1 (b) If an oath is administered outside of an Oneida Business Committee

meeting, a quorum of Oneida Business Committee members shall be present to

witness the oath.”

On February 8, 2024, Secretary, Lisa Liggins administered the oath of office to Candace House.

The following Oneida Business Committee members were present: Tehassi Hill, Lawrence

Barton, Lisa Liggins, Jonas Hill, Kirby Metoxen, Jennifer Webster.

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

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Adopt resolution entitled Amendments to the Clean Air Policy

Business Committee Agenda Request

1. Meeting Date Requested:

02/14/24

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution, Amendments to the Clean Air Policy

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 04/25/2023

Page 1 of 2

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6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

Jameson Wilson, Councilmember

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 04/25/2023

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Jameson Wilson, LOC Chairperson

February 14, 2024

Adoption of Amendments to the Clean Air Policy

Please find the following attached backup documentation for your consideration of the adoption

of amendments to the Clean Air Policy:

Resolution: Amendments to the Clean Air Policy

Statement of Effect: Amendments to the Clean Air Policy

Clean Air Policy Amendments Legislative Analysis

Clean Air Policy Amendments Draft (Redline)

Clean Air Policy Amendments Draft (Clean)

Clean Air Policy Amendments Fiscal Impact Statement

Overview

Amendments to the Clean Air Policy are being sought to clarify and provide additional exemptions

to the prohibition against smoking, address how violations of this law by employees are

handled, and make other minor drafting changes. The Clean Air Policy provides a healthy

working and learning environment within buildings and vehicles owned and operated by the

Nation by prohibiting smoking. [4 O.C. 411.1-1]. The amendments to the Clean Air Policy:

 Include a new exemption to the prohibition of smoking, which is a tobacco store, on or in

premises controlled by Oneida Retail, that sells tobacco product, unless prohibited by

Oneida Retail or the terms and conditions of the lease or land or building assignment. [4

O.C. 411.4-2(b)(3)];

 Clarify the exemption to the prohibition of smoking for residential buildings owned by the

Nation only applies if not otherwise prohibited by a lease or rental agreement. [4 O.C.

411.4-2(b)(2)];

 Eliminate the requirement that a suspension for a second violation of this law be one (1)

week in length, providing the supervisor and HRD greater flexibility in determining a

suspension length that best fits the violation. [4 O.C. 411.4-4(b)(2)]; and

 Make other minor drafting changes, such as changing the title from the Clean Air Policy

to the Clean Air law.

The Legislative Operating Committee developed the proposed amendments to the Clean Air Policy

through collaboration with representatives from the Oneida Law Office, Gaming, Retail,

Comprehensive Health Division, and Environmental, Health, Safety, Land, and Agriculture

Division. The Legislative Operating Committee held six (6) work meetings on the development of

the amendments to the Clean Air Policy.

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Public Packet

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The development of the amendments to the Clean Air Policy complies with all processes and

procedures required by the Legislative Procedures Act, including the development of a legislative

analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public

comment period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed amendments to the Clean Air Policy was held on December 15,

2023. Two (2) individuals provided oral comments during the public meeting. The public comment

period was then held open until December 26, 2023. Four (4) individuals provided written

comments during the public comment period. The Legislative Operating Committee reviewed and

considered the public comments received on January 3, 2024, and any changes have been

incorporated into this draft.

The amendments to the Clean Air Policy will become effective on February 28, 2024.

Requested Action

Adopt the Resolution: Amendments to the Clean Air Policy

Page 2 of 2

Public Packet

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Clean Air Policy

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Clean Air Policy (“the Law”) was adopted by motion of the Oneida Business Committee

on May 25, 1994, and amended by resolutions BC-02-24-10-I, BC-05-28-14-A; and

WHEREAS,

the purpose of this Law is to provide a healthy working and learning environment within

buildings and vehicles owned and operated by the Nation by prohibiting smoking; and

WHEREAS

currently, the Law provides that no person may smoke in any building owned or operated

by the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet of

any building owned or operated by the Nation, except that a person may smoke within thirty

(30) feet of the retail outlets or any gaming establishments; and

WHEREAS,

the Law provides various exemptions from the prohibition against smoking; and

WHEREAS,

the amendments to the Law provide a new exemption to the prohibition of smoking, which

is a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product,

unless prohibited by Oneida Retail or the terms and conditions of the lease or land or

building assignment; and

WHEREAS,

the amendments to the Law further clarify the exemption to the prohibition of smoking for

residential buildings owned by the Nation only applies if not otherwise prohibited by a lease

or rental agreement; and

WHEREAS,

the amendments to the Law eliminate the requirement that a suspension for a second

violation of this law be one (1) week in length, providing the supervisor and HRD greater

flexibility in determining a suspension length that best fits the violation; and

WHEREAS,

the amendments to the Law make other minor drafting changes, such as changing the title

from the Clean Air Policy to the Clean Air law; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Oneida Law Office, Gaming, Retail,

Comprehensive Health Division, and Environmental, Health, Safety, Land, and Agriculture

Division; and

WHEREAS,

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

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

Public Packet

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BC Resolution _____________

Amendments to the Clean Air Policy

Page 2 of 2

WHEREAS,

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

2023,with two (2) individuals providing oral comments, and the public comment period for

the amendments to this Law was held open until December 26, 2023, with four (4)

individuals providing written comments; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments

received on January 3, 2023, and any changes have been incorporated into this draft; and

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

to the Clean Air law which shall become effective on February 28, 2024.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Statement of Effect

Amendments to the Clean Air Policy

Summary

This resolution adopts amendments to the Clean Air Policy to clarify and provide additional

exemptions to the prohibition against smoking, address how violations of this law by employees

are handled, and make other minor drafting changes.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: January 22, 2024

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Clean Air Policy. The purpose of the Clean Air Policy

is to provide a healthy working and learning environment within buildings and vehicles owned

and operated by the Nation by prohibiting smoking. [4 O.C. 411.1-1]. The amendments to the

Clean Air Policy:

 Include a new exemption to the prohibition of smoking, which is a tobacco store, on or in

premises controlled by Oneida Retail, that sells tobacco product, unless prohibited by

Oneida Retail or the terms and conditions of the lease or land or building assignment. [4

O.C. 411.4-2(b)(3)];

 Clarify the exemption to the prohibition of smoking for residential buildings owned by the

Nation only applies if not otherwise prohibited by a lease or rental agreement. [4 O.C.

411.4-2(b)(2)];

 Eliminate the requirement that a suspension for a second violation of this law be one (1)

week in length, providing the supervisor and HRD greater flexibility in determining a

suspension length that best fits the violation. [4 O.C. 411.4-4(b)(2)]; and

 Make other minor drafting changes, such as changing the title from the Clean Air Policy

to the Clean Air law.

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Clean Air Policy amendments complied with all processes and procedures required by the

LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for

public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed amendments to the Clean Air Policy was held on December 15,

2023. Two (2) individuals provided oral comments during the public meeting. The public comment

period was then held open until December 26, 2023. Four (4) individuals provided written

comments during the public comment period. The Legislative Operating Committee reviewed and

considered the public comments received on January 3, 2024, and any changes have been

incorporated into this draft.

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The amendments to the Clean Air Policy will become effective on February 28, 2024.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

Public Packet

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Analysis to Draft 4 for OBC Consideration

2024 02 14

CLEAN AIR POLICY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Include a new exemption to the prohibition of smoking, which is a

tobacco store, on or in premises controlled by Oneida Retail, that sells

tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease or land or building assignment. [4 O.C. 411.42(b)(3)];

 Clarify the exemption to the prohibition of smoking for residential

buildings owned by the Nation only applies if not otherwise prohibited

by a lease or rental agreement. [4 O.C. 411.4-2(b)(2)];

 Eliminate the requirement that a suspension for a second violation of this

law be one (1) week in length, providing the supervisor and HRD greater

flexibility in determining a suspension length that best fits the violation.

[4 O.C. 411.4-4(b)(2)]; and

 Make other minor drafting changes.

The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation

by prohibiting smoking. [4 O.C. 411.1-1].

Oneida Nation employees and community members.

A public meeting was held on December 15, 2023. The public comment

period was held open until December 26, 2023.

A fiscal impact statement was provided by the Finance Department on

January 30, 2024.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Clean Air Policy was originally adopted by the Oneida Business by motion on May

25, 1994, and then amended through resolutions BC-02-24-10-I, and BC-05-28-14-A. The purpose of

the Clean Air Policy is to provide a healthy working and learning environment within buildings and

vehicles owned and operated by the Nation by prohibiting smoking. [4 O.C. 411.1-1]. It is the policy

of the Nation to commit to promoting health and wellness in all forms, by prohibiting smoking. [4 O.C.

411.1-2].

B. Request for Amendments. On January 10, 2023, the LOC received a request from Retail to consider

amendments to the Clean Air Policy to create an exemption for the prohibition from smoking in any

building of the Nation for smoking cigars and tobacco in pipes within a premise designated by retail as

a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product and in which

the smoking of only cigars and tobacco in pipes is permitted. The Legislative Operating Committee

added the Clean Air Policy amendments to its Active Files List on January 18, 2023.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Clean Air Policy and this legislative analysis:

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 Oneida Law Office;

 Gaming;

 Retail;

 Comprehensive Health Division; and

 Environmental, Health, Safety, Land, and Agriculture Division.

B. The following laws were reviewed in the drafting of this analysis:

 Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Clean Air Policy complies with the process set

forth in the Legislative Procedures Act (LPA).

 On January 18, 2023, the Legislative Operating Committee added the Clean Air Policy

amendments to its Active Files List.

 On February 1, 2023, the Legislative Operating Committee approved the draft of the proposed

amendments to the Clean Air Policy and directed that a legislative analysis be developed.

 On July 10, 2023, the Legislative Operating Committee approved the updated draft and

legislative analysis.

 On October 4, 2023, the Legislative Operating Committee readded the Clean Air Policy

amendments to its Active Files List for the 2023-2026 legislative term.

 On November 1, 2023, the Legislative Operating Committee approved the public meeting

packet for the Clean Air Policy Amendments with noted change to the public meeting notice,

and forwarded the Clean Air Policy Amendments to a public meeting to be held on December

15, 2023.

 On December 15, 2023, the public meeting was held. Two (2) individuals provided oral

comments during the public meeting.

 The public comment period was held open until December 26, 2023. Four (4) individuals

provided written comments during the public comment period.

 On January 3, 2024, the Legislative Operating Committee accepted the public comments and

the public comment review memorandum and deferred these items to a work meeting for

further discussion. The Legislative Operating Committee held a work meeting to review and

consider the public comments later this same day.

 On January 17, 2024, the Legislative Operating Committee approved the updated public

comment review memorandum, draft, and legislative analysis; and approved the fiscal impact

statement request memorandum and forwarded the relevant materials to the Finance

Department directing that a fiscal impact statement be prepared and submitted to the LOC by

January 31, 2024.

 The Finance Department provided the fiscal impact statement on January 30, 2024.

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:

 January 26, 2023: LOC work session;

 February 20, 2023: LOC work session with the Comprehensive Health Division and the

Environmental, Health, Safety, Land, and Agriculture Division; and

 March 20, 2023: LOC work session with the Comprehensive Health Division, Retail, Gaming,

Oneida Law Office, and the Environmental, Health, Safety, Land, and Agriculture Division.

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

October 18, 2023: LOC work session.

January 3, 2024: LOC work session.

February 1, 2024: LOC work session.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Exemptions to the Prohibition of Smoking. The proposed amendments to the Clean Air Policy include

a new exemption to the prohibition of smoking, which is a tobacco store, on or in premises controlled

by Oneida Retail, that sells tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease or land or building assignment. [4 O.C. 411.4-2(b)(3)]. Previously, the Clean

Air Policy only included exemptions to the prohibition of smoking for cultural usage, all gaming areas

in any building of the Nation, and residential buildings that are owned by the Nation. [4 O.C. 411.42(a)-(b)(1)-(2)]. The proposed amendments also provide clarification that the exemption for residential

buildings owned by the Nation only applies if not otherwise prohibited by a lease or rental agreement.

[4 O.C. 411.4-2(b)(2)].

 Effect. An additional exemption was added to the Clean Air Policy in an effort to provide Retail

with an opportunity to pursue the development of a cigar bar in one of the Oneida One Stop retail

locations. Clarification was added to the exemption for residential buildings in recognition that a

lease or rental agreement may further prohibit smoking within a residential building owned by the

Nation.

B. Violations of the Clean Air Policy. The proposed amendments to the Clean Air Policy clarify that any

employee of the Nation who violates this law during their work hours may be subject to disciplinary

action in accordance with the Nation’s laws and policies governing employment, which is the Oneida

Personnel Policies and Procedures. [4 O.C. 411.4-4(b)]. The proposed amendments to the Clean Air

Policy then demonstrates that the disciplinary action an employee may be subject to includes a written

warning for a first-time violation; a suspension without pay for a second violation; or termination from

employment for any violation thereafter. [4 O.C. 411.4-4(b)(1)-(3)]. Previously, the Clean Air

Policy provided that a first violation of this law would result in a reprimand, but the Clean Air Policy

was not specific as to what that reprimand would consist of. Additionally, the Clean Air Policy

previously provided that a second violation of this law would result in a suspension for one (1) week.

The proposed amendments to the Clean Air Policy eliminated the one (1) week requirement for

suspensions and instead provide the supervisor with discretion to determine the appropriate length of

the suspension. The Oneida Personnel Policies and Procedures requires that a supervisor consult with

the Executive Director of the Human Resources Department to mutually determine the appropriate

length of the suspension, and that any suspension be limited to a maximum of three (3) weeks. [Oneida

Personnel Policies and Procedures Section V.D.5.f.1].

 Effect. This proposed amendments to the Clean Air Policy provide greater clarification as to how

violations of this law are addressed for employees who violate the Clean Air Policy during their

work hours.

100

101

102

103

104

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the Clean Air Policy:

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

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106

107

108

109

110

111

112

113

114

115

116

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recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

 Section V.D of the Oneida Personnel Policies and Procedures specifically addresses

complaints, disciplinary actions and grievances. Section V.D.2.b of the Oneida Personnel

Policies and Procedures provides that a supervisor is required to initiate disciplinary actions

commensurate with the seriousness of the unsatisfactory performance, and a supervisor must

consider each disciplinary action in progressive order and justify a deviance from that

recommended progression.

 The proposed amendments to the Clean Air Policy clarify that any employee of the Nation who

violates this law during their work hours may be subject to disciplinary action in accordance

with the Nation’s laws and policies governing employment, which is the Oneida Personnel

Policies and Procedures. [4 O.C. 411.4-4(b)].

118

SECTION 7. OTHER CONSIDERATIONS

119

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

120

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC121

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

122

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

123

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

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completing the fiscal impact statement.

125

 Conclusion. The Finance Department provided a fiscal impact statement on January 30, 2024.

126

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Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR POLICY

411.1. Purpose and Policy

411.2. Adoption, Amendment, Conflicts

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is theThe purpose of this Clean Air Policylaw is to provide a healthy working

and learning environment within buildings and vehicles owned and operated by the Oneida

TribeNation by prohibiting smoking.

411.1-2. Policy. The Oneida TribeIt is committedthe policy of the Nation to commit to promoting

health and wellness in all forms. There is long standing evidence that smoking is harmful to

oneself, and that second-hand smoke is harmful to others. In addition, the long -term effects of

electronic cigarettes on individuals are unclear. In an effort to provide a healthy environment for

children, employees, and visitors, smoking willshall be restrictedprohibited as described within

this policylaw.

411.2. Adoption, Amendment, ConflictsRepeal

411.2-1. This Policylaw was adopted by motion of the Oneida Business Committee on May 25,

1994, and amended by resolutionresolutions BC-02-24-10-I and, BC-05-28-14-A., and BC-____-__-__.

411.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or

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

411.2-3. 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.

411.2-4. In the event of a conflict between a provision of this Policylaw and a provision of another

law, ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Policylaw shall

control. Provided that, nothing in this Policy is intended to repeal or modify any existing law,

ordinance, policy, regulation, rule, resolution or motion.

411.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this Policy.

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

(a)

(a) “Building” means a structure that has a roof and more than two (2) substantial

walls.

(b)

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine,

or other chemicals or substances, by inhaling a vaporized liquid and shall include the

cartridges and other products used to refill the device. “Electronic cigarette” shall not

include any device that is prescribed by a healthcare professional.

(c)

(d)

(d) “Main entrance” means the front entrance to any building, or any entrance a

majority of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(e)

(f) “Smoke” or “Smoking” means the inhalation of:

(1)

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

4 O.C. 411 – Page 1

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(2) (2) a vaporized liquid from an electronic cigarette, whether the liquid contains

or does not contain nicotine.

(f)

“Tribe”(g) “Tobacco product” means the Oneida Tribeany form of Indians of

Wisconsintobacco prepared in a manner suitable for smoking.

411.4. Regulation of Smoking

411.4-1. Except as provided in 411.4-1(b)(1) and 411.4-2, noProhibition of Smoking. No person

may smoke:

(a) in any building owned or operated by the Tribe.Nation;

(b) within thirty (30) feet of any building owned or operated by the Tribe. Nation.

Receptacles for disposing of smoking materials shall be maintained at least thirty (30) feet

from the main entrances of the building.; or

(1) Exception. A person may smoke within thirty (30) feet of the Oneida One

Stopretail outlets or any gaming establishments. Receptacles for disposing of

smoking materials may be maintained within thirty (30) feet of the entrances of

these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) There shall be an exemption for specific cultural uses for theCultural Usage. The

reasonable burning of tobacco, sage, cedar, and/or sweetgrass. shall be exempted for

cultural usage. Employees working in the vicinity of this cultural use shall be notified prior

to use.

(b) SpecificallyExempted Locations. The following locations shall be exempted from this

policy arethe prohibition of smoking:

(1) all gaming areas in any Tribal building. of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the TribeNation, including, but not

limited to, single-family dwellings, two- (2) family dwellings, and multiple-family

dwellings., unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease

or land or building assignment.

411.4-3. Posting and Notices. All Tribal buildings of the Nation, except for those listed in

exempted by section 411.4-2(b),) of this Law, shall be posted as “Non-Smoking” on entrances. In

addition, the hallways, restroom facilities, and other public areas of these buildings may also be

posted as “Non-Smoking.” Signs shall be large enough that they can be viewed and read thirty

(30) feet from the building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Oneida Business CommitteeNation

may file for injunctive relief with the Tribe’s judicial systemNation’s Judiciary against any

person who repeatedly or willfully violates this policylaw.

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(b) An employee of the TribeNation who violates this policylaw during his or hertheir

work hours may be subject to the following disciplinary action in accordance with the

Nation’s laws and policies governing employment:

(1) reprimandedwritten warning for a first -time violation;

(2) suspended without pay for one (1) week for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted - 5– OBC motion on 05-25-94, motion, graceGrace period for thirty (30) feet until shelters complete, except

for at educational facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

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Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation by prohibiting

smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand

smoke is harmful to others. In addition, the long-term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. 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) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

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(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings, unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease

or land or building assignment.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment:

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

facilities where minors are present.

4 O.C. 411 – Page 2

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Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

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MEMORANDUM

To:

Legislative Operating Committee

From:

Keith Doxtator

Date:

January 30th, 2024

Subject:

Fiscal Impact for: Clean Air Policy Amendments

Estimated Fiscal Impact Summary:

Request: Amendments to Clean Air Policy

Implementing Agency

Retail

Comprehensive Housing

Human Resources

Estimated Impact

Total Estimated Fiscal Impact

II.

Current Fiscal Year

None

Ten Year Estimate

None

Background:

The Clean Air Policy was originally adopted by the Oneida Business Committee by

motion on May 25th, 1994, and then amended through resolutions BC-02-24-10-I,

and BC-05-28-14-A. The purpose of the Clean Air Policy is to provide a health

working and learning environment within buildings and vehicles owned and

operated by the Nation by prohibiting smoking. It is the policy of the Nation to

commit to promoting health and wellness in all forms, by prohibiting smoking.

On January 10th, 2023, the LOC received a request from Retail to consider

amendments to the Clean Air Policy to create an exemption for the prohibition from

smoking in any building of the Nation for smoking cigars and tobacco in pipes within

a premise designated by retail as a tobacco store, on or in premises controlled by

Oneida Retail, that sells tobacco product and in which the smoking of only cigars and

tobacco in pipes is permitted.

P.O. Box 365 • Oneida, WI 54155

oneida-nsn.gov

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The LOC is considering amendments to the Clean Air Policy, summarized as:

• A new exemption to the prohibition of smoking, which is a tobacco store, on

or in premises controlled by Oneida Retail, that sells tobacco product, unless

prohibited by Oneida Retail or the terms and conditions of the lease or land

or building assignment.

• Clarify the exemption to the prohibition of smoking for residential buildings

owned by the Nation only applies if not otherwise prohibited by a lease or

rental agreement.

• Eliminate the requirement that a suspension for a second violation of this

law be one (1) week in length, providing the supervisor and HRD greater

flexibility in determining a suspension length that best fits the violation.

III.

Methodology and Assumptions:

New Exemption for Retail

I’ve requested input from Retail and relying on their expertise specific to this FIS

within Retail.

Residential Exemption

This exemption for residential buildings already exists, and the amendment clarifies

that further restrictions may be imposed by a lease or rental agreement. I will

assume no fiscal impact as this exemption reversal (assuming pertinent in the lease

or rental agreement) will result in the same process and enforcement of any other

Nation owned building.

Violations

The only change here is from a mandatory one-week suspension to an

indeterminate length suspension.

IV.

Financial Impact:

Retail has confirmed there is no financial impact to their operations within these

amendments.

There is no process or enforcement change to comply with the original preexemption language, and no fiscal impact will result for housing leases or rental

agreements.

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Finance Administration Office

Suspension length changes are indeterminate, and rather minimal. The impact may

only be the difference from one-week to future practices, and these are rather

infrequent and non-consequential in scale compared to the size of our personnel

budgets.

V. Recommendation:

Finance does not provide a recommendation for this request. Rather our aim is to

disclose the financial impact and allow the BC to weigh the value to cost among all its

priorities.

Please contact Finance with any follow up questions.

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Adopt resolution entitled Amendments to the Drug and Alcohol Free Workplace Law

Business Committee Agenda Request

1. Meeting Date Requested:

02/14/24

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution, Amendments to the Drug and Alcohol Free Workplace Law

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 04/25/2023

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6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

Jameson Wilson, Councilmember

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 04/25/2023

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Jameson Wilson, LOC Chairperson

February 14, 2024

Adoption of Amendments to the Drug and Alcohol Free Workplace Law

Please find the following attached backup documentation for your consideration of the adoption

of amendments to the Drug and Alcohol Free Workplace law:

Resolution: Amendments to the Drug and Alcohol Free Workplace Law

Statement of Effect: Amendments to the Drug and Alcohol Free Workplace Law

Drug and Alcohol Free Workplace Law Amendments Legislative Analysis

Drug and Alcohol Free Workplace Law Amendments Draft (Redline)

Drug and Alcohol Free Workplace Law Amendments Draft (Clean)

Drug and Alcohol Free Workplace Law Amendments Fiscal Impact Statement

Overview

Amendments to the Drug and Alcohol Free Workplace law are being sought to address exemptions

to the pre-employment drug testing of external applicants. Drug and Alcohol Free Workplace law

establishes a drug and alcohol-free workplace program that balances respect for individuals with

the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2].

Currently, the Drug and Alcohol Free Workplace law provides that each employee, as a condition

of employment, shall participate in pre-employment, reasonable suspicion, and follow-up testing

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

employment eligibility. The proposed amendments to the Drug and Alcohol Free Workplace law

require that all external and internal applicants participate in pre-employment drug testing, and

that a negative drug test result shall be required for employment eligibility. [2 O.C. 202.8-4]. The

amendments to the Drug and Alcohol Free Workplace law further provide that an external

applicant’s confirmed positive THC test result shall be exempted from the requirement of a

negative drug test result for pre-employment eligibility unless prohibited by an external licensing

or grant requirement. [2 O.C. 202.8-4(a)]. Once an individual is hired by the Nation, the employee

is prohibited from the use of prohibited drugs and alcohol during working hours, when on-call,

and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. [2 O.C.

202.4-2]. All employees of the Nation are required to participate in reasonable suspicion and

follow-up testing upon the request of an appropriate authority. [2 O.C. 202.8-5]. A negative test

result is required for unimpeded employment eligibility. Id.

The Legislative Operating Committee developed the proposed amendments to the Drug and

Alcohol Free Workplace law through collaboration with representatives from the Oneida Law

Office, Human Resources Department, Gaming, and Employee Health Nursing. The Legislative

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Operating Committee held seven (7) work meetings on the development of the amendments to the

Drug and Alcohol Free Workplace law.

The development of the amendments to the Drug and Alcohol Free Workplace law complies with

all processes and procedures required by the Legislative Procedures Act, including the

development of a legislative analysis, a fiscal analysis, and the opportunity for public review

during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed amendments to the Drug and Alcohol Free Workplace law was

held on February 15, 2023. Six (6) individuals provided oral comments during the public meeting.

The public comment period was then held open until February 22, 2023. Four (4) individuals

provided written comments during the public comment period. The Legislative Operating

Committee reviewed and considered the public comments received on December 20, 2023, and

any changes have been incorporated into this draft.

The amendments to the Drug and Alcohol Free Workplace law will become effective on March 4,

2024.

Requested Action

Adopt the Resolution: Amendments to the Drug and Alcohol Free Workplace Law

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Drug and Alcohol Free Workplace Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

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

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

WHEREAS,

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

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

environment; and

WHEREAS

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

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

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

employment eligibility; and

WHEREAS,

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

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

required for employment eligibility; and

WHEREAS,

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

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

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

and

WHEREAS,

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

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

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

WHEREAS,

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

required for unimpeded employment eligibility; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

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

Department, Gaming, and Employee Health Nursing; and

WHEREAS,

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

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

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BC Resolution _____________

Amendments to the Drug and Alcohol Free Workplace Law

Page 2 of 2

WHEREAS,

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

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

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

providing written comments; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments

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

and

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

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Drug and Alcohol Free Workplace Law

Summary

This resolution adopts amendments to the Drug and Alcohol Free Workplace law to provide that

an external applicant’s confirmed positive THC test result shall be exempted from the requirement

of a negative drug test result for pre-employment eligibility unless prohibited by an external

licensing or grant requirement.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: January 15, 2024

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Drug and Alcohol Free Workplace law. The Drug and

Alcohol Free Workplace law establishes a drug and alcohol-free workplace program that balances

respect for individuals with the need to maintain an alcohol and drug-free environment. [2 O.C.

202.1-2]. The amendments to the Drug and Alcohol Free Workplace law will provide that an

external applicant’s confirmed positive THC test result shall be exempted from the requirement of

a negative drug test result for pre-employment eligibility unless prohibited by an external licensing

or grant requirement.

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Drug and Alcohol Free Workplace law amendments complied with all processes and

procedures required by the LPA, including the development of a legislative analysis, a fiscal

analysis, and the opportunity for public review during a public meeting and public comment

period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed amendments to the Drug and Alcohol Free Workplace law was

held on February 15, 2023. Six (6) individuals provided oral comments during the public meeting.

The public comment period was then held open until February 22, 2023. Four (4) individuals

provided written comments during the public comment period. The Legislative Operating

Committee reviewed and considered the public comments received on December 20, 2023, and

any changes have been incorporated into this draft.

The amendments to the Drug and Alcohol Free Workplace law will become effective on March 4,

2024.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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DRUG AND ALCOHOL FREE WORKPLACE

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

Provide that an external applicant’s confirmed positive THC test result shall

be exempted from the requirement of a negative drug test result for preemployment eligibility unless prohibited by an external licensing or grant

requirement. [2 O.C. 202.8-4(a)].

The purpose of this law is to establish a drug and alcohol-free workplace

program that balances respect for individuals with the need to maintain an

alcohol and drug-free environment. [2 O.C. 202.1-2].

Human Resources Department, Oneida Nation employees.

A public meeting was held on February 15, 2023. The public comment period

was held open until February 22, 2023.

A fiscal impact statement was provided by the Finance Administration on

January 16, 2024.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Drug and Alcohol Free Workplace law was adopted by the Oneida Business

Committee in 1994 through resolution BC-10-25-95-A and then amended through resolutions BC-1020-99-A, BC-12-05-07-B, BC-12-11-13-F, and BC-04-12-17-C. The purpose of the Drug and Alcohol

Free Workplace law is to establish a drug and alcohol-free workplace program that balances respect for

individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2].

B. Request for Amendments. On August 30, 2022, the Legislative Operating Committee received a

request from the Human Resources Department to add the Drug and Alcohol Free Workplace law

amendments to its Active Files List. The Human Resources Department indicated that with the Benton

– Pre-Employment Drug Testing petition currently pending – which requests to remove THC from the

pre-employment drug testing requirements, they were directed by the Oneida Business Committee to

work with the Oneida Law Office on potential proposed language to address this petition. The

Legislative Operating Committee added this item to its Active Files List on September 7, 2022.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Law and this legislative analysis:

 Oneida Law Office;

 Human Resources Department;

 Gaming; and

 Employee Health Nursing.

B. The following laws were reviewed in the drafting of this analysis:

 Drug and Alcohol Free Workplace law;

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

Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Drug and Alcohol Free Workplace law complies

with the process set forth in the Legislative Procedures Act (LPA).

 On September 7, 2022, the Legislative Operating Committee added the Law to its Active Files

List.

 On December 7, 2022, the Legislative Operating Committee approved the draft of the proposed

amendments to the Law and directed that a legislative analysis be developed.

 On December 21, 2022, the Legislative Operating Committee approved the legislative analysis.

 On January 4, 2023, the Legislative Operating Committee approved the public meeting packet

for the proposed amendments to the Drug and Alcohol Free Workplace law and scheduled a

public meeting to be held on February 15, 2022.

 On February 15, 2023, the public meeting was held in the Norbert Hill Center’s Business

Committee Conference Room as well as on Microsoft Teams. Six (6) individuals provided oral

comments during this public meeting.

 On February 22, 2023, the public comment period closed. Four (4) individuals provided written

comments during the public comment period.

 On October 4, 2023 the Legislative Operating Committee elected for the 2023-2026 legislative

term added the Drug and Alcohol Free Workplace Law Amendments to the Active Files List

with Kirby Metoxen and Jonas Hill as the sponsors.

 On December 20, 2023, the Legislative Operating Committee accepted the public comments

and the public comment review memorandum and defer to a work meeting for further

consideration. The Legislative Operating Committee then reviewed and considered these

public comments that same day.

 On January 3, 2024, the Legislative Operating Committee approved the updated public

comment review memorandum, draft, and legislative analysis; and also approved the fiscal

impact statement request memorandum and forwarded the materials to the Finance Department

directing that a fiscal impact statement be prepared and submitted to the LOC by January 17,

2024.

 On January 16, 2024, the Finance Administration provided the fiscal impact statement to the

Legislative Operating Committee.

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:

 October 31, 2022: LOC work meeting with the Oneida Law Office, Human Resources

Department, and Gaming.

 November 15, 2022: LOC work meeting with the Oneida Law Office, Human Resources

Department, Employee Health Nursing, and Gaming.

 December 1, 2022: LOC work session.

 January 26, 2023: LOC work meeting with Oneida Law Office, Human Resources

Department, Gaming, and the General Manager.

 December 6, 2023: LOC work session.

 December 20, 2023: LOC work session.

 January 17, 2024: LOC work session.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Pre-Employment Drug Testing. Currently, the Law provides that each employee, as a condition of

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

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

The proposed amendments focus specifically on pre-employment drug testing and how positive THC

test results are addressed by the Nation. The proposed amendments to the Law require that all external

and internal applicants participate in pre-employment drug testing, and that a negative drug test result

shall be required for employment eligibility. [2 O.C. 202.8-4]. The Law then further provides that an

external applicant’s confirmed positive THC test result shall be exempted from the requirement of a

negative drug test result for employment eligibility unless prohibited by an external licensing or grant

requirement. [2 O.C. 202.8-4(a)].

 Effect. The proposed amendments to the Law allow an individual who is seeking employment with

the Nation to still be eligible to be hired if the individual tests positive for THC in most situations,

unless prohibited by an external licensing or grant requirement. When developing these

amendments, the Legislative Operating Committee had great discussion regarding the fact that an

external applicant’s positive THC test result is not indicative of an individual’s intent to continue

the use of marijuana once they are hired as an employee of the Nation and the use of drugs is

prohibited. The Legislative Operating Committee understands that external applicants may come

from, or may have visited, states where the use of marijuana has been legalized. As of April 24,

2023, thirty-eight (38) states, three (3) territories and the District of Columbia allow the medical

use of cannabis products; while as of November 8, 2023, twenty-four (24) states, two (2) territories

and the District of Columbia have enacted measures to regulate cannabis for non-medical adult

recreational use. 1 The exemption for positive THC test results applies only to external applicants

during pre-employment drug testing. Once an individual is hired by the Nation, the employee is

prohibited from the use of prohibited drugs and alcohol during working hours, when on-call, and

when operating a vehicle owned by the Nation or a vehicle rented by the Nation. [2 O.C. 202.4-2].

All employees of the Nation are required to participate in reasonable suspicion and follow-up

testing upon the request of an appropriate authority. [2 O.C. 202.8-5]. A negative test result is

required for unimpeded employment eligibility. Id.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the proposed amendments to the

Law:

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

Information found on the Nation Conference of State Legislatures website at https://www.ncsl.org/health/statemedical-cannabis-laws#:~:text=Non%2DMedical%2FAdult%2DUse,medical%20adult%20(recreational)%20use.

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 Section V.D.3 of the Oneida Personnel Policies and Procedures provides that the Drug

and Alcohol Free Workplace Policy shall govern disciplinary actions warranting

termination for drug and alcohol related violations.

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SECTION 7. OTHER CONSIDERATIONS

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

112

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC113

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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

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completing the fiscal impact statement.

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 Conclusion. A fiscal impact statement was provided by the Finance Administration on January 16,

118

2024.

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Title 2. Employment – Chapter 202

DRUG AND ALCOHOL FREE WORKPLACE

202.1. Purpose and Policy

202.2. Adoption, Amendment, Repeal

202.3. Definitions

202.4. Application

202.5. Shared Responsibility

202.6. Prohibited Behavior

202.7. Reasonable Suspicion

202.8. Drug and Alcohol Testing

202.9. Refusal to Test

202.10. Reasonable Suspicion Testing Waiting Period

202.11. Consequences for Prohibited Behavior

202.12. Re-hire

202.13. Other Potential Consequences

202.14. Confidentiality

202.15. Communication

202.1. Purpose and Policy

202.1-1. Purpose. The Nation is committed to protecting the safety, health and well-being of all

employees, and other individuals in the workplace. The Nation recognizes that alcohol abuse and

drug use pose a significant health and safety threat to our customers and other employees. The Nation

also recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Nation realizes

that early intervention and support may improve the success of rehabilitation.

202.1-2. Policy. It is the policy of the Nation to establish a drug and alcohol-free workplace program

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

The Nation encourages employees to voluntarily seek help for their personal drug and alcoholrelated problems.

202.2. Adoption, Amendment, Repeal

202.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-25-95-A

and amended by resolutions BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F and, BC-04-12-17C., and BC-__-__-__-__.

202.2-2. 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.

202.2-3. 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.

202.2-4. 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.

202.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

202.3. Definitions

202.3-1. This section shall govern the definitions of words or phrases as used within this law. All

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

(a) “Appropriate authority” means the Human Resources Department hiring representative,

immediate supervisor, EHN, MRO, and/or ONEAP who requests the drug and/or alcohol

testing for reasons of pre-employment, reasonable suspicion, and/or follow-up testing.

(b) “Business day” means Monday through Friday from 8:00am-4:30pm, excluding holidays

recognized by the Nation.

MRO that exceeds the cut-off levels established by this law (levels established by the United

States Department of Health and Human Services), confirmed saliva testing, confirmed

evidential breath alcohol test results of 0.02 or greater; and/or refusal to test.

2 O.C. 202 – Page 1

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(d) “EHN” means the Oneida Employee Health Nursing Department.

(e) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation 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; an individual employed by any program or enterprise of the Nation, but does not include

elected or appointed officials, or individuals employed by a Tribally Chartered Corporation.

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

term employee are employees of the Nation, not consultants.

(f) “External applicant” means a person who is applying for a position and not currently

employed by the Nation.

(g) “HRD” means the Human Resources Department and/or representatives performing

Human Resources functions applicable to this law.

(h) “Internal applicant” means a person who is applying for a position who is currently

employed by the Nation, this includes those employed under a temporary status.

(i) “MRO” means Medical Review Officer who is a licensed physician who is responsible

for receiving and reviewing laboratory test results generated by an employer’s drug testing

program and evaluating medical explanations for certain drug test results.

(j) “Nation” means the Oneida Nation.

(k) “NHTSA” means the National Highway Traffic Safety Administration.

(l) “ONEAP” means the Oneida Nation Employee Assistance Program which is a

professional counseling program staffed by clinical social workers licensed by the State of

Wisconsin which offers services to the Nation’s employees and family members.

(m) “Prohibited drug(s)” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United States

Code. This also includes prescription medication or over-the-counter medicine used in an

unauthorized or unlawful manner.

(n) “Return-to-Work Agreement” means an agreement, developed by an ONEAP counselor

and signed by the employee and the ONEAP counselor, and the referring supervisor, which

sets out the actions the employee needs to complete in order to return to work and remain

employed.

(o) “SAMHSA” means the United States Department of Health and Human Services,

Substance Abuse and Mental Health Services Administration.

(p) “Supervisor” means the immediate supervisor, or person who has taken on the role of

supervisor due to an absence that is responsible for performance review, corrective action,

and day-to-day assignments of duties.

(q) “Work-related accident” means an unexpected event involving an employee that occurs

in the employee’s working environment or during an activity related to work, that:

(1) results in an injury to the employee or another person that may require medical

intervention by a police officer or emergency medical technician, or treatment at a

medical facility,

(2) results in death of the employee or another person, or

(3) involves any property damage.

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202.4. Application

202.4-1. This law applies to all applicants for employment, whether external or internal, and all

employees during working hours, when on-call, and when operating a vehicle owned by the Nation

or a vehicle rented by the Nation.

202.4-2. An employee is prohibited from the use of prohibited drugs and alcohol during working

hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the

Nation.

202.4-3. An employee is prohibited from the use of intoxicants while on official business travel

while the conference or meeting is in session.

202.4-4. An employee is not exempted from this law if they travel to another state, territory or

country where the use of certain drugs is legal.

202.5. Shared Responsibility

202.5-1. A safe and productive drug and alcohol free workplace is achieved through cooperation

and shared responsibility between the employer and an employee.

202.5-2. Employee. It is the employee’s responsibility to:

(a) Be free from the effects of prohibited drugs, and/or alcohol during working hours, and/or

when scheduled to be on-call.

(b) Refrain from the unlawful manufacture, distribution, dispensation or possession of any

prohibited drugs while working.

appropriate authority.

(d) Confidentially report suspicious behavior of an employee immediately to the supervisor

of the employee in question.

(e) Cooperate with the requests made by EHN and the MRO. The employee shall return the

call of the MRO within twenty-four (24) hours of the call being made to the employee. An

employee who fails to cooperate and does not contact the MRO within twenty-four (24) hours

of receiving contact shall not receive back pay for any time between the date the MRO placed

the call until the time the employee does return the call of the MRO.

(f) Sign a consent form to be tested for alcohol and drugs when requested by an appropriate

authority.

(g) Provide the appropriate information to EHN in the event a medical condition prevents

the employee from properly completing drug and alcohol testing so alternative drug and

alcohol testing measures can be taken by EHN.

202.5-3. Supervisor. It is the supervisor’s responsibility to:

(a) Be familiar with this law and any related policies and procedures.

(b) Investigate reported suspicious behaviors while maintaining the confidentiality of the

person who reported the suspicious behavior.

prohibited drugs and/or alcohol.

(d) Monitor the employee under the influence of prescription and/or over-the-counter

medications that could compromise the safety of the employee, fellow employees, or the

public.

(e) Send the employee through the contracted transportation service for reasonable suspicion

drug and alcohol testing.

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(f) Take appropriate action as outlined by this law.

(g) Sign the Return-to-Work Agreement along with the employee and ONEAP counselor

that was developed by ONEAP.

(h) Send a copy of the consent to submit to drug and alcohol testing form signed by the

employee to EHN.

202.5-4. Supervisor and Employee. A supervisor or an employee that fails to adhere to the

responsibilities of the supervisor or employee under this law may be subject to disciplinary action

or other consequences as explained in section 202.13.

202.5-5. Off-duty Use of Prohibited Drugs or Alcohol. Off-duty use of prohibited drugs or alcohol

may result in continued impairment during on-duty hours, which shall then constitute a violation of

this law. It is the employee’s responsibility to understand the consequences of off-duty use, and take

steps to avoid the possibility of on-duty impairment. An employee who is called in for emergency

or unplanned work, excluding those on-call, and has been using prohibited drugs or drinking

alcoholic beverages prior to such a call, shall inform the employee’s supervisor they cannot report,

and shall continue to decline to report until the effects of the prohibited drugs or alcohol have left

the employee’s system. Such refusal to report shall not be viewed as improper, and disciplinary

action shall not arise from such refusal.

202.5-6. Use of Controlled Substances That May Affect Safety or Performance. An employee who

is taking or is under the influence of any controlled substances during working hours, including

prescription medication or over the counter medication, which may affect the employee’s job

performance or safety of the employee, fellow employees, public, or assets of the Nation have the

following obligations:

(a) The employee shall notify the employee’s immediate supervisor about the use of the

substance and possible work-related effects prior to commencing work.

(b) Upon request, the employee may be required to obtain a written statement of any work

restrictions or impact on performance or safety relating to the legal substances from the

employee’s physician or pharmacist.

person, and shall not take medications that are prescribed to another person.

(d) It may be necessary for the employee’s supervisor, area manager or EHN to consult with

the employee’s personal physician, pharmacist or an MRO, with the employee’s approval

or written authorization, to determine if the medication might impact the employee’s

ability to perform the employee’s job, or pose a hazard to other employees or to the

general public.

(e) The employee’s duties may be temporarily modified for up to one hundred eighty (180)

days. Any modification of duties shall result in the appropriate modification of pay as

established by the Human Resources Department.

202.6. Prohibited Behavior

202.6-1. An applicant or employee of the Nation is in violation of this law if he or she:

(a) Uses, possesses, and/or sells prohibited drugs, or is under the influence of prohibited

drugs or alcohol while on duty. Notwithstanding section 202.11, any employee who is

caught using, possessing or selling prohibited drugs shall be immediately terminated from

employment with the Nation.

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(b) Fails to inform his or her supervisor of being under the influence of prescription

medication and/or over-the-counter medication(s) which may affect the employee’s job

performance or safety of the employee, fellow employees, public, or assets of the Nation.

medications.

(d) Refuses to test.

(e) Has a confirmed positive test result after completing a drug and/or alcohol test through

EHN or a medical facility, or has a confirmatory test come back as positive.

202.7. Reasonable Suspicion

202.7-1. Establishing reasonable suspicion begins when the supervisor becomes aware either by

personal observation and/or secondary reported observation that an employee may be under the

influence of drugs and/or alcohol: this may include seeing or receiving a report that the employee

has taken or possess prohibited drugs or prescription medication that is not specifically prescribed

to that employee. In order to make a reasonable suspicion determination, the supervisor shall

evaluate the following:

(a) Specific observations concerning appearance, behavior, speech, or body odors of the

employee consistent with possible drug use or alcohol misuse.

(b) The observations may include indications of the chronic and withdrawal effects of

prohibited drugs or alcohol.

202.7-2. The supervisor shall document his or her observations and discuss the matter with the

employee. During this discussion, the supervisor may ask the employee for proof of a prescription.

The employee shall comply with this request. If after a discussion with the employee, the supervisor

continues to suspect the employee may currently still be under the influence or reasonable suspicion

is otherwise established, the supervisor shall refer the employee for reasonable suspicion drug and

alcohol testing.

202.7-3. A supervisor’s decision made in regard to the reasonable suspicion drug and alcohol testing

of an employee is final. An employee shall not appeal or challenge a supervisor’s determination for

reasonable suspicion drug and alcohol testing.

202.8. Drug and Alcohol Testing

202.8-1. Drug and alcohol tests are forensic in nature, meaning they are performed to formalize

conditions of employment as described in this law. To ensure the accuracy and fairness of this law,

all drug and alcohol testing shall be conducted according to SAMHSA guidelines for Federal

Workplace Drug Testing Programs.

202.8-2. EHN or its designee shall use Federal Drug Administration approved urine tests and

NHTSA certified evidential breath testing devices or NHTSA certified saliva-screening devices,

operated by technicians whose training terminology, procedures, methods, equipment, forms, and

quality assurance comply with best practices.

(a) Confirmation drug testing done on urine specimens shall be conducted by a laboratory

which is certified by the U.S. Department of Health and Human Services using its

confirmation methods and established cut-off levels. Laboratory-confirmed results shall

undergo the verification process by a MRO.

(b) Confirmation breath alcohol testing shall be performed using an NHTSA certified

evidential breath testing device.

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certified saliva test.

202.8-3. If an employee is involved in a work-related accident, he or she shall immediately inform

his or her supervisor of the accident.

202.8-4. Each employee, as a condition of employment,All external and internal applicants shall

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

an appropriate authority.. A negative drug test result shall be required for employment eligibility.

(a) Exemption for Positive THC Test Result. An external applicant’s confirmed positive THC

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

employment eligibility unless prohibited by an external licensing or grant requirement.

202.8-5. Each employee shall participate in reasonable suspicion and follow-up testing upon the

request of an appropriate authority. A negative test result is required for unimpeded employment

eligibility.

202.8-6. Dilution of Test Results. In cases where a drug test result is diluted, a positive dilute of the

test result requires that the applicant or employee shall be given a confirmed positive test result,

while a negative dilute of the test result requires retesting. EHN shall notify the applicant or

employee of the required retesting.

(a) If the re-test results in a negative-dilute, the applicant or employee shall be given a

negative test result.

(b) If the re-test results in a positive-dilute, then the applicant or employee shall be given a

positive test result.

202.9. Refusal to Test

202.9-1. Refusal to test is prohibited behavior as defined in section 202.6. Refusal to test carries

the same consequences as a confirmed positive test result. Examples of refusal to test include, but

are not limited to:

(a) Substituting, adulterating (falsifying), or diluting the specimen.

(b) Refusal to sign the required forms.

accurate testing and as directed by the collector.

(d) Failing to remain at the testing site until the testing process is complete.

(e) Providing an insufficient sample of urine or breath.

(f) Failing to test or to re-test.

(g) Failing to appear within two (2) hours after an order or request is made for testing or retesting.

(h) Behaving in a confrontational or discourteous manner that disrupts the collection process.

202.10. Reasonable Suspicion Testing Waiting Period

202.10-1. This section applies only to current employees who meet the reasonable suspicion

standard. It does not apply to applicants of the Nation.

202.10-2 During drug and alcohol testing for reasonable suspicion, an employee shall be

immediately removed from duty without pay at the time of initiation of the reasonable suspicion

drug and alcohol testing and specimen collection until the employer is notified by EHN of negative

results on both the drug and alcohol tests, or MRO-verified negative test results.

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202.10-3. When confirmation of test results are made available to the employer, the supervisor shall

notify the employee by telephone and by certified mail using the contact information provided by

the employee. The notice to the employee shall identify a reinstatement date if the test was

confirmed negative, or applicable consequences if the test was confirmed positive. If the employee

is reinstated, back pay shall be provided in accordance with the Back Pay law. However, if the

employee fails to return to work on the assigned reinstatement date as instructed in the notice from

the supervisor, the supervisor shall discipline the employee in accordance with the Nation’s laws,

rules and policies governing employment, unless an extension is granted in writing by the supervisor

along with the reason for the extension. An employee who is ultimately terminated for failure to

return to work on his or her assigned reinstatement date shall not be eligible for employment for one

(1) year after the date of termination.

202.11. Consequences for Prohibited Behavior

202.11-1. Either an internal applicant or an external applicant may decline the position at any time

before being directed to EHN or other designated testing site for the applicant’s drug and alcohol

testing.

202.11-2. External Applicant. If an external applicant fails to show at the testing site within the

time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at

section 202.6 that has been documented, the employment offer shall be withdrawn. An external

applicant shall not be eligible for hiring consideration for one hundred eighty (180) days from the

date of the urine drug screening test.

202.11-3. Internal Applicant. If an internal applicant fails to show at the testing site within the time

allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section

202.6, the employment offer shall be withdrawn. The applicant shall be removed from duty and

subject to respective consequences of this law. The applicant shall not be eligible for hiring

consideration in a different position for one hundred eighty (180) days from the date of the urine

drug screening test.

202.11-4. Employee. If an employee has engaged in prohibited behavior as listed in section 202.61, and/or fails to cooperate by not responding to contact from the MRO within ten (10) business days

(which shall be deemed thereafter as a definite positive test), the employee shall be removed from

duty and subject to the respective consequences of this law.

202.11-5. Consequences.

(a) First Violation.

(1) Any employee who engages in prohibited behavior as defined in section 202.6

for the first time shall be removed from duty without pay and shall receive a

mandatory referral to ONEAP for an assessment. The ONEAP shall also determine

if the employee shall be subject to return-to-duty/follow-up testing. If follow-up

testing is required, the testing shall be at the employee’s expense.

(2) The employee shall sign a Return-to-Work Agreement and submit the agreement

to his or her supervisor within ten (10) days or the employee shall be terminated and

ineligible for re-hire for one (1) year.

(A) When the supervisor signs the Return-to-Work Agreement the employee

shall be placed back on the work schedule by the next regularly scheduled

workday.

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(3) Failure to comply with the signed Return-to-Work Agreement shall result in the

employee being terminated and ineligible for re-hire for one (1) year.

(b) Second Violation.

(1) Any employee who engages in prohibited behavior as defined in section 202.6 a

second time within his or her lifetime of employment with the Nation shall be

removed from duty without pay and shall receive a mandatory referral to ONEAP for

an assessment.

(2) The employee shall sign a Return-to-Work Agreement and submit it to the

employee’s supervisor for signature within ten (10) days or the employee shall be

terminated and ineligible for re-hire for one (1) year. After a second violation the

employee shall not be placed back on the work schedule until:

(A) The employee receives approval from the ONEAP that they have

demonstrated sufficient progress in a treatment program that would indicate

the employee is drug and alcohol free within thirty (30) days of the employee

being removed from duty; and

(B) The employee completes a return-to-duty drug screening and alcohol test

at a SAMHSA-certified facility at their own expense, which shall be negative

within thirty (30) days of the employee being removed from duty;

to work.

(3) As a condition of continuing employment, the employee shall participate in

follow-up testing with continued negative results as directed by the ONEAP and

listed in the Return-to-Work Agreement. All follow-up testing shall be at the

employee’s expense.

(4) Failure to comply with the Return-to-Work agreement or follow up testing shall

result in the employee being terminated and ineligible for re-hire for one (1) year.

(1) Any employee who engages in prohibited behavior as defined in section 202.6 a

third time in his or her lifetime of employment with the Nation shall be terminated.

The employee shall not be eligible for employment unless he or she receives a

forgiveness pursuant to the Pardon and Forgiveness law. An employee that receives

forgiveness shall not be eligible for re-hire for one (1) year after the date of

termination.

202.12. Re-hire

202.12-1. A former employee that was terminated due to violations of this law shall provide, along

with the former employee’s application for employment, the following:

(a) Proof of completion of a certified Alcohol and Other Drug Abuse program; and

(b) A negative drug screening and alcohol test at a SAMHSA-certified facility completed

within the last thirty (30) days. This drug screening and alcohol test shall be done at the

former employee’s own expense.

202.13. Other Potential Consequences

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202.13-1. The violation of this law may result in consequences to the employee beyond any

discipline or corrective action that may be taken. Other potential consequences include the

following:

(a) Disqualification of Unemployment Benefits. An employee who is terminated as a result

of a violation of this law may be ineligible for unemployment benefits.

(b) Reduction of Workers Compensation Benefits. An employee who incurs an injury in a

work-related accident that occurred while engaged in a violation of this law may have any

workers compensation benefits reduced.

may be referred to appropriate law enforcement for criminal prosecution.

(d) Liability for Accidents. An employee whose conduct in violation of this law causes an

accident may be held personally responsible for losses associated with the accident, and the

employee may be required to pay for those losses.

202.14. Confidentiality

202.14-1. Information related to the application of this law is confidential. Access to this

information is limited to those who have a legitimate “need to know” in compliance with relevant

laws and personnel policies and procedures.

202.14-2. All drug and alcohol testing information shall be maintained at EHN in confidential

records which are separate from the employee’s clinical and personnel files. The employee may

request a copy of the employee’s records. The records may be requested by a third party in

accordance with the Oneida Nation’s laws, rules and policies governing employment.

202.15. Communication

202.15-1. HRD shall communicate this law to all employees to ensure all employees are aware of

their role in supporting this law:

(a) All employees shall be given information on how to access this law.

(b) This law shall be reviewed in new employee orientation and other means, as deemed

appropriate by HRD.

this law, have read and understand it, and agree to follow this law.

End.

See GTC-01-31-94-B

Adopted – BC-08-17-94

Emergency Amended - BC-04-20-95-C

Adopted - BC-10-25-95-A (repealed previous versions)

Amended - BC-10-20-99-A

Amended - BC-12-05-07-B

Amended - BC-12-11-13-F

Emergency Amended - BC-10-26-16-D

Amended - BC-04-12-17-C

Amended – BC-__-__-__-__

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