Oneida Business Committee (2021)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING

REVISED AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

August 18, 2021

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. August 4, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Furlough Law Amendments (pg. 4)

2. Local Land Use Regulation Reimbursement Law Repeal (pg. 44)

IV.

New Submissions

1. Fire Signs Law (pg. 56)

2. Personnel Policies and Procedures Amendments – Revision of HRD Manager Title (pg. 58)

3. Workplace Violence Law Amendments (pg. 59)

4. Personnel Policies and Procedures Amendments – Selection Process (pg. 75)

Additions

VI.

Administrative Updates

1. Legislative Operating Committee FY21Third Quarter Report (pg. 98)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

August 4, 2021

9:00 a.m.

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

Excused: Daniel Guzman King,

Others Present: Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Rhiannon Metoxen, Lawrence

Barton, Brooke Doxtator, Shannon Davis, Justin Nishimoto (Microsoft Teams), Eric Boulanger

(Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Michelle Braaten (Microsoft Teams),

Reynold Danforth (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the August 4, 2021, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster.

Motion carried unanimously.

II.

Minutes to be Approved

1. July 21, 2021 LOC Meeting Minutes

Motion by Jennifer Webster to approve the minutes of July 7, 2021 and forward to the

Oneida Business Committee; seconded by Marie Summers. Kirby Metoxen abstained.

Motion carried.

III.

Current Business

1. Public Peace Law

Motion by Jennifer Webster to approve the draft of the Public Peace law and the fiscal

impact statement request memorandum and forward to the Finance Department directing

that a fiscal impact statement be prepared and submitted to the LOC by August 18, 2021;

seconded by Kirby Metoxen. Motion carried unanimously.

2. Furlough Law Amendments

Motion by Marie Summers to approve the Furlough law amendments draft and direct that

a legislative analysis be prepared for consideration at the next LOC meeting; seconded by

Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions

1. Oneida Nation Emergency Planning Committee Bylaws Amendments

Motion by Kirby Metoxen to add the Oneida Nation Emergency Planning Committee

bylaws amendments to the Active Files List with David Jordan as the sponsor; seconded

by Jennifer Webster. Motion carried unanimously.

Additions

VI.

Administrative Items

A good mind. A good heart. A strong fi re.

Legislative Operating Committee Meeting Minutes of August 4, 2021

Page 1 of 2

ONEIDA

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VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:23 a.m.; seconded by Marie Summers. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of August 4, 2021

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

August 18, 2021

Amendments to the Furlough Law

Submission Date: 10/7/2020

Public Meetings: n/a

Emergency Enacted: n/a

Expires: n/a

LOC Sponsor: Marie Summers

Summary: This item was added to the Active Files List on October 7, 2020 per the request of

the Legislative Operating Committee to develop amendments to the Nation’s Furlough law to

incorporate Indian preference into the selection/recall process and to provide clarity regarding

certain other furlough procedures that were flagged during the COVID-19 pandemic.

10/7/20 LOC: Motion by Jennifer Webster to add the Furlough Law Amendments to the Active Files List

with Marie Summers as the sponsor; seconded by Daniel Guzman King. Motion carried

unanimously.

10/22/20:

Work Meeting. Present: Marie Summers and Kristen Hooker. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to discuss the basis for the

Councilwoman’s request to have amendments to the Furlough law added to the Active Files

List. The next step is for the drafting attorney to schedule a meeting with the workgroup that

was created during this meeting to discuss the Councilwoman’s concerns, as well as any other

concerns/suggestions that the workgroup may have.

11/13/20:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Kristen

Hooker. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to have a general discussion on needed amendments/updates to the Furlough law.

The drafting attorney went through the law line-by-line with the workgroup to flag where they

believed changes were needed. The next step is for the drafting attorney to update the draft

based on the discussion and schedule a follow-up work meeting with the workgroup for review

and further discussion/revision.

1/26/21:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Matt Denny,

Wendy Alvarez, Kristen Hooker. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to go through the updated draft of the Furlough law

amendments to discuss any areas of concern or in need of further revision before bringing to

the Legislative Operating Committee for review/consideration.

2/3/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer

Webster, Rhiannon Metoxen, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work

meeting held through Microsoft Teams. The purpose of the work meeting was to update the

LOC on discussions had thus far with the workgroup regarding possible amendments to the

Furlough law. The drafting attorney went through the draft line-by-line with the LOC to highlight where the workgroup was proposing amendments and to have the LOC flag additional

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changes it deems necessary. The next steps are for the drafting attorney to: (1) create a bulletpoint of the initial policy decisions the LOC must make before detailed amendments can be

developed in alignment therewith; and (2) schedule a follow-up meeting with the workgroup

and LOC to afford the LOC an opportunity to hear from the workgroup before making said

policy decisions.

2/17/21:

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

Rhiannon Metoxen, Kristal Hill, Kristen Hooker, Matthew Denny, Lucy Neville, Wendy

Alvarez, Geraldine Danforth, Eric McLester (left early). This was a work meeting held

through Microsoft Teams. The purpose of the work meeting was to give LOC an opportunity

to hear from the workgroup regarding amendments to the Furlough law. The goal of the

meeting was to provide the LOC enough information to make certain policy decisions that are

necessary to develop amendments to the law in alignment therewith. The next step is for the

drafting attorney to compile the information/suggestions provided during the meeting and to

present the compilation to the LOC at a future work meeting for further directive.

2/25/21:

Work Meeting. Present: Marie Summers, Kirby Metoxen, Daniel Guzman-King, Jennifer

Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work meeting held

through Microsoft Teams. This work meeting was held in follow-up to the February 17, 2021

work meeting the LOC had with the Workgroup regarding possible amendments to the

Furlough law. The purpose of this work meeting was to get directive from the LOC regarding

the policy questions that were discussed on February 17th. The next step is for the drafting

attorney to update the draft amendments to be consistent with the LOC’s directive and to bring

the updated draft back to a future LOC meeting for review and further revision.

4/9/21:

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

Daniel Guzman-King, Rhiannon Metoxen, Kristal Hill, Kristen Hooker. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to start going

through the updated draft amendments to the Furlough law with the LOC.

4/13/21:

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

Daniel Guzman-King, Rhiannon Metoxen, Kristen Hooker. This was a work meeting held

through Microsoft Teams. The purpose of this meeting was to finish going through the initial

draft amendments to the Furlough law before updating the draft for the LOC’s final review

and consideration. The next step will be for the LRO attorney to update the draft based on the

LOC’s decisions/suggestions and to schedule a final meeting with the LOC to review the

updated draft before sending it to a workgroup meeting for review and comment.

6/10/21:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman-King, Jennifer

Webster, Rhiannon Metoxen, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to go through

the updated draft amendments with the LOC before sending it to the workgroup for review

and comment. The next step is for the LRO attorney to update the draft based on the comments

and suggestions from the LOC and to then schedule a meeting with the workgroup to provide

an opportunity for them to comment and make suggestions for the LOC to consider before

approving the draft for the public comment portion of the legislative process.

7/8/21:

Work Meeting. Present: Barbara Kolitsch, Geraldine Danforth, Wendy Alvarez, Matthew

Denny, James Petitjean (left early), Lucy Neville, Jessica Vandekamp, Kristen Hooker. This

was a work meeting held through Microsoft Teams. The purpose of the meeting was to review

the draft Furlough law amendments with the workgroup to see whether the members had any

questions, concerns or suggested changes they wanted the LOC to consider. The next step is

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for the LRO attorney to update the draft with the workgroup’s suggestions and bring it back

to a LOC work meeting for consideration and possible approval to move forward with the

public comment portion of the legislative process.

7/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Jennifer Webster, Justin Nishimoto,

Kristen Hooker. This was a work meeting held through Microsoft Teams. The purpose of the

work meeting was to go through the final draft of the Furlough law amendments and have the

LOC consider the comments/suggestions from the workgroup meeting of July 8, 2021. The

next steps are for the drafting attorney to: (1) update the draft based on the LOC’s decisions

during the meeting; (2) draft a legislative analysis on the amendments to the Furlough law;

(3) draft the materials for the public meeting notice packet for the LOC to review during its

next work meeting; and (4) add the public notice packet for the Furlough law amendments to

the next LOC agenda for consideration and possible approval.

8/4/21 LOC:

Motion by Marie Summers to approve the Furlough law amendments draft and direct that a

legislative analysis be prepared for consideration at the next LOC meeting; seconded by Kirby

Metoxen. Motion carried unanimously.

Next Steps:

▪ Approve the draft amendments to the Furlough law and legislative analysis and defer to a

work meeting.

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

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ONEIDA

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Title 2. Employment – Chapter 205

[Oneida Language]

[Translation]

FURLOUGH POLICY

205.1. Purpose and Policy

205.2. Adoption, Amendment, Repeal

205.3. Definitions

205.4 Furlough. Application

205.5 Furlough Plans

205.6 Supervisor Responsibilities

205.7. Appeal

205.5. Furlough Implementation Plan

205.6. Furlough Implementation

205.7. Placing Employees in Furlough Status

205.8. Furloughed Employees

205.9. Recall of Furloughed Employees

205.10. Direct Report Level and Supervisor Responsibilities

205.11. Appeal

205.1. Purpose and Policy

205.1-1. Purpose. The purpose of this Policylaw is to enable:

(a) Enable the TribeNation to implement a furlough as a toolprogram in response to

remedy an operating budget deficit.interruption of governmental revenues or operations,

insufficient treasury funds or other emergencies/ unplanned events as determined by the

Oneida Business Committee in accordance with this law;

205.1-2. Policy. This Policy shall apply to all employees of the Tribe. To utilize a furlough, a

decrease or lapse of revenue or funding and/or any other budget situation warranting an unpaid

leave shall be identified.

(b) Establish a consistent and equitable process for implementation of a furlough program;

and

in accordance with this law.

205.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures to

address events and/or incidents that impact employees of the Nation. It is further the policy of the

Nation to incorporate and adhere to Indian preference in all aspects of employment within the

Oneida Nation.

205.2. Adoption, Amendment, Repeal

205.2-1. This Policylaw was adopted by the Oneida Business Committee by resolution BC-1110-15-B. and amended by resolution BC-__-__-__-_.

205.2-2. This Policylaw 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.

205.2-3. 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.

205.2-4. In the event of a conflict between a provision of this Policylaw and a provision of

another policylaw, the provisions of this Policylaw shall control.

205.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

205.3. Definitions

205.3-1. This section shall govern the definitions of words or phrases as used within this

2 O.C. 205 – Page 1

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

(a) “Direct report level

“Additional duties” means responsibilities of another

position” means within the Nation that is not within an employee’s current scope of work.

(b) “Authorized designee” means an employee identified by a Direct Report Level position

to develop or assist in developing a furlough implementation plan when the individual

employed in the Direct Report Level position is unavailable or requests such assistance

from that employee.

governmental functions, including, but not limited to, health, safety, regulatory compliance

and/or revenue generation.

(d) “Direct Report Level position” means a position of employment within the Nation that

is the highest level in the chain of command under the Oneida Business Committee and

who is responsible for a Tribal Departmentdepartment and/or Divisiondivision

of the

Nation.

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

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

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

determining the employer-employee relationship. “Employee” includes, but is not limited

to, an individual employed by the Nation, including, but not limited to, employees of any

program or enterprise of the Tribe andNation, political appointees, but does not include

elected or appointed officialstemporary employees and employees on probationary status.

(cf) “Furlough” means a temporary, unpaid leave fromtime off of work for a specified

period of time.

(d) “(g) “Indian” means any person, other than an Oneida citizen, who is a citizen of a

federally-recognized Indian tribe, other than the Oneida Nation.

(h) “Indian preference” means a preference granted to retain an Oneida member employee

over other non-member employees. for Indians, regardless of tribal affiliation, in all aspects

of employment, with Oneida citizens receiving the highest levels of preference for purposes

of this law.

(e) i) “Nation” means the Oneida Nation.

(j) “Oneida citizen” means those persons who are enrolled members of the Nation, eligible

for enrollment in the Nation or documented first generation Oneida descendants.

(k) “Supervisor” means a personan employee of the Nation who directly oversees the work

and performance of an employee on a daily basis.

(f) “Tribe” or “Triball)

“Temporary employee” means an employee hired by the

Nation for a short-term assignment and consists of the following classifications:

(1) Emergency/Temp;

(2) Limited Term;

(3) Seasonal;

(4) Substitute/Relief;

(5) Youth Worker; and

(6) Student/Intern.

205.4. Application

2 O.C. 205 – Page 2

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205.4-1. Unless otherwise stated herein, this law shall apply to all employees of the Nation and

all employment decisions of the Nation that are governed, whether in whole or in part, by this law.

205.4-2. Indian Preference. It is the intent of this law, and the policy of the Nation, that no

employee who is Indian shall be furloughed so long as an employee, within the same department/

division and position, who is non-Indian is still employed.

(a) Title VII of the Civil Rights Act of 1964 allows private and government employers on

or near a Federal Trust Indian Reservation to exercise Indian preference in employment.

(b) The Indian Self Determination and Education Act affirms that any tribal employment

or contract preference laws adopted by such tribe shall govern.

a furlough program shall be administered in a manner that affords preferential treatment to

Oneida Tribe ofcitizens and Indians of Wisconsin.in the following order, starting with

those employees to be given the highest level of preference when applying the provisions

of this law:

(1) Enrolled members of the Oneida Nation;

(2) Oneida citizens eligible for enrollment in the Oneida Nation;

(3) Documented first generation Oneida descendants;

(4) Indians; and

(5) Non-Indians.

205.4-3.

205.4Equal Opportunity Employer. Notwithstanding section 205.4-2 above, the Nation is an Equal

Opportunity Employer that prohibits the application of this law and/or the implementation of a

furlough program in a manner that discriminates based on race, color, religion, sex, pregnancy,

age, national origin, citizenship status, veteran status, physical or mental disability, genetic

information and/or any other basis protected by the anti-discrimination provisions of Title VII of

the Civil Rights Act of 1964.

205.4-4. Training on Indian Preference. The Human Resources Department shall be responsible

for introducing new employees of the Nation to the concept of Indian preference, as well as how

it applies to the furlough program set forth herein, during employee orientation. Such introduction

shall include, at a minimum, coverage of the following topics:

(a) The history behind Indian preference, including the role that the Bureau of Indian

Affairs (“BIA”) had in its development;

(b) The Indian Self-Determination and Education Assistance Act of 1975, as well as the

exception to Title VII of the Civil Rights Act of 1964; and

when deciding which employees of the Nation would be placed in furlough status, as well

as the order in which they would be recalled, using methods to include, but not be limited

to, hypotheticals and charting.

205.4-5. Prohibitions. Any furlough program of the Nation that is initiated in accordance with

this law shall not:

(a) Be used as a means to resolve performance-related problems, grievance issues or to

take the place of disciplinary actions;

(b) Be administered or implemented in violation of this law or any other applicable laws/

policies of the Nation; and/or

2 O.C. 205 – Page 3

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Indian preference to the processes set forth herein.

205.5. Furlough Implementation Plan

205.4-1. 205.5-1.

Implementation Plan. Within a reasonable time after this law goes into

effect, all Direct Report Level positions, or their duly authorized designees, shall submit a furlough

implementation plan to the Human Resources Department for approval.

(a) The Human Resources Department shall create a standard template that Direct Report

Level positions and/or duly authorized designees must use when developing their furlough

implementation plan hereunder.

(1) The intent of the standard template shall be to elicit, in advance, information

that will allow the Nation to implement a furlough program in as efficient and

consistent a manner as possible under the circumstances, the information of which

shall include, but not be limited to:

(A) Which positions within their respective department or division may

qualify as a critical position;

(B) Which employees within their respective department or division may

qualify for Indian preference and the corresponding level of preference that

would apply under section 205.4-2 of this law;

or division may be exempt from the application of Indian preference and

the basis for said exemption;

(D) Whether any employees within their respective department or division

may be interested in volunteering to be placed in furlough status in the event

a furlough program is implemented; and

(E) Whether any positions within their respective department or division

are capable of being adjusted to promote Indian preference when deciding

which employees to place in furlough status.

(2) The Human Resources Department shall submit its standard template to the

Oneida Business Committee for approval by resolution prior to distributing it to the

Direct Report Level positions and/or duly authorized designees for development in

accordance herewith.

(b) The Human Resources Department shall create a Standard Operating Procedure which

sets forth how a furlough implementation plan shall be processed under this law once the

standard template is approved by the Oneida Business Committee, that shall, at a minimum,

address the following:

(1) Distribution of the standard template to the Direct Report Level positions and/or

their duly authorized designees;

(2) The process for Direct Report Level positions and/or duly authorized designees

to follow upon receiving the standard template, including, but not limited to:

(A) How a furlough implementation plan shall be created using the standard

template;

(B) How a furlough implementation plan shall be submitted to the Human

Resources Department for approval; and

2 O.C. 205 – Page 4

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authorized designees have to submit their furlough implementation plans to

the Human Resources Department upon receipt of the standard template.

(3) How the Human Resources Department will process furlough implementation

plans for approval upon submission by the Direct Report Level positions and/or

duly authorized designees; and

(4) How the Human Resources Department will notify the Direct Report Level

positions and/or duly authorized designees of its decision to approve or reject their

furlough implementation plan and, if rejected, the reason for the rejection and the

process for resubmitting the furlough implementation plan for reconsideration.

Resources Department, as well as the Direct Report Level positions and/or duly authorized

designees, consistent with governing law.

205.5-2. Furlough Implementation Plan Updates. The furlough implementation plan, as well as

the standard template upon which it is developed, shall be updated as follows:

(a) Standard Template. Within two (2) years of its initial approval by resolution and then

every two (2) years thereafter, the Human Resources Department shall review its standard

template to assess whether it should be updated to better advance the underlying goals/

policies of this section, as well as the law in general.

(1) Updates to the standard template must be approved by the Oneida Business

Committee in accordance with section 205.5-1 of this law.

(b) Implementation Plan. Within two (2) years of initial approval by the Human Resources

Department and then every (2) years thereafter, the Direct Report Level positions and/or

duly authorized designees shall review their furlough implementation plan to assess

whether it needs to be updated to account for any relevant changes within their department/

division, including, but not limited to, changes in personnel, changes in positions and/or

changes to any of the job descriptions attached to a position.

(1) Updates to a furlough implementation plan must be processed and approved in

accordance with section 205.5-1 of this law, as well as the Standard Operating

Procedure created by the Human Resources Department in accordance therewith.

template or furlough implementation plan nor the number of times they are reviewed.

205.6. Furlough Implementation

205.6-1. Alternatives to Furlough. Prior to adopting a furlough resolution hereunder, the Oneida

Business Committee shall consider whether any reasonable alternative options to implementation

of a furlough program exist and, if so, exhaust the option or options in advance of implementation

so long as the burden of doing so on the Nation as a whole does not outweigh the benefit to the

employees who may be affected by the implementation of a furlough program.

205.6-2. Furlough Resolution. If the Oneida Business Committee has identified the

necessityneed for a furlough program, a directive by resolution shall be given to the appropriate

Direct Report Level positions., duly authorized designees, and any other individual or entity

deemed necessary by the Oneida Business Committee.

(a) The resolution shall directinclude the following:

2 O.C. 205 – Page 5

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(1) The basis for implementing the furlough program;

(2) Whether it is being implemented as an administrative or emergency furlough

program;

(3) If feasible under the circumstances and to the extent of such feasibility so long

as not less than is required under this law for the particular furlough program being

implemented, the beginning and ending dates of the furlough. program;

(4) If feasible under the circumstances and to the extent of such feasibility, which

areas within the Nation will be subject to the furlough program and which positions,

if any, are considered critical positions exempt from being placed in furlough status;

and

(5) Whether an ad hoc committee will be established pursuant to this section to

assist in the implementation of the furlough program.

(b) Ad Hoc Committee. The Oneida Business Committee may, in its discretion, establish

an ad hoc committee to assist in the implementation of a furlough program by, among other

activities, helping to identify which areas of the Nation should be subject to the furlough

program and which positions, if any, should be deemed critical, including the number of

those critical positions to be retained, when directed to by the Oneida Business Committee.

(1) The ad hoc committee shall be made up of employees of the Nation, identified

by the Oneida Business Committee within the furlough resolution or through a

subsequent resolution or motion, who possess an expertise commensurate with the

type and severity of the event giving rise to the need for the implementation of a

furlough program.

(2) The ad hoc committee shall meet as necessary and at the request of the Oneida Business

Committee to205.4-2. Implementation of Furlough Plans. Upon the passage of a resolution

directing that a furlough be implemented, all Direct Report Level positions shall immediately carry

out the furlough plans for his or her respective departments or agencies. An employee shall be

furloughed on days that the employee is normally scheduled to work or on holidays recognized by

the Tribe, whether the employee is normally scheduled to work or not.

carry out its responsibilities per the directive of the Oneida Business Committee

and in a manner consistent with this law.

(3) The ad hoc committee shall not be subject to the Boards, Committees and

Commissions law and employees shall not be entitled to stipends or any additional

form of compensation for serving on an ad hoc committee established hereunder.

(4) The ad hoc committee shall dissolve upon conclusion of the furlough program

for which it was established or on an early date as determined by the Oneida

Business Committee, subject to the following:

(A) The ad hoc committee shall prepare, as well as present, a close-out

report, in accordance with the Oneida Business Committee’s directive; and

(B) The ad hoc committee shall forward all materials and records that were

used and/or created to carry out its responsibilities hereunder to the Human

Resources Department for storage/disposal in accordance with governing

law.

205.6-3. Furlough Programs. A furlough program shall be characterized as either an emergency

or an administrative program in the furlough resolution and then carried out in accordance with

2 O.C. 205 – Page 6

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the portions of this section that apply to such characterization.

(a) In General. The following shall apply to all furlough programs implemented hereunder,

regardless of their characterization.

(1) 205.4-3.

Notice.

A supervisor shall give an

employee of the implementation of a furlough program shall be provided to

employees in writing and, along with information relevant to the furlough program

being implemented, include the following:

(A) Fair warning regarding the failure to respond to a notice of recall as set

forth in section 205.9-2 of this law; and

(B) A directive that it is the employee’s responsibility to ensure that the

Nation has his or her most current contact information.

(2) Written notice shall be sent to employees via the outlet(s) deemed most capable

of reaching them in as efficient a manner as possible under the circumstances.

(A) In the event that the Nation develops a formal process to provide mass

notifications to employees for events such as the implementation of a

furlough program, such process shall be deemed the most capable outlet

hereunder and used to provide written notice to employees for purposes

hereof.

(b) Emergency Furlough Program. An emergency furlough program may be initiated by

the Oneida Business Committee on an emergency basis when in the best interest of the

Nation due to acts of God or sudden emergencies requiring immediate curtailment of

activities.

(1) Notice. Employees shall be notified of the Oneida Business Committee’s

decision to implement an emergency furlough program as far in advance of the

program’s implementation date as is reasonably possible under the circumstances.

(A) If circumstances do not allow for the Oneida Business Committee to

set a specific date upon which the emergency furlough program will end

within the furlough resolution, notice of the anticipated end date shall be

provided as soon thereafter as is reasonably possible, consistent with section

205.6-3 of this law.

(2) Duration. No emergency furlough program implemented hereunder shall last

for longer than twenty-six (26) weeks from the date of implementation, unless

extended by the Oneida Business Committee through a subsequent resolution.

administrative furlough in response to a foreseeable event that is likely to result in a

temporary reduction in revenue/funding or some other organizational issue where the intent

is to recall employees back to work once the event has subsided.

(1) Notice. Employees shall be notified of the Oneida Business Committee’s

decision to implement an administrative furlough program at least five (5) business

days prior to a furlough being implemented in advance of the program’s

implementation date.

(2) Duration. The beginning and ending dates of the administrative furlough

program shall be specified within the furlough resolution.

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(A) An administrative furlough program shall end on the date specified

within the furlough resolution, unless revised or extended by the Oneida

Business Committee through a subsequent resolution.

(B) Notice of a revised or extended end date for an administrative furlough

program shall be provided as soon as reasonably possible in advance of the

original end date, consistent with section 205.6-3 of this law.

205.7. Placing Employees in Furlough Status

205.7-1. This section shall govern the manner in which employees of the Nation are selected to

be placed in furlough status following the adoption of a resolution triggering the implementation

of a furlough program.

205.7-2. Critical Positions. Except as otherwise stated herein, employment positions identified

as critical pursuant to this section of the law shall be exempt from placement into furlough status

during the specific furlough program for which the position was deemed critical.

(a) Critical positions, as well as the requisite number thereof, shall be identified by the

Oneida Business Committee, or ad hoc committee upon directive of the Oneida Business

Committee and subject to its approval, within the furlough resolution referenced in section

205.6-2 of this law or as soon thereafter as is reasonably possible under the circumstances

in a subsequent resolution or motion.

(1) Number of Critical Positions. If the number of individuals employed in the

same position within a department or division that is deemed critical exceeds the

maximum number directed to be retained, employees within that same position will

be retained in accordance with the order of preference and priority provided in

section 205.9-1 of this law.

(A) Critical position employees who are not retained hereunder shall be

placed in furlough status and subject to recall in accordance with section

205.9 of this law.

(2) Amendments. The Oneida Business Committee, in its discretion, and if so

desired with assistance from the ad hoc committee, may amend the list of identified

critical positions as it deems necessary under the circumstances.

(A) Direct Report Level positions or their duly authorized designees may

submit requests for amendments to the list of identified critical positions

within their department or division to the Oneida Business Committee for

consideration.

205.7-3. Order for Placement in Furlough Status. Unless otherwise stated herein, the following

order shall be adhered to when placing non-critical position employees within the same department

or division in furlough status.

(a) Temporary Employees. Temporary employees within a department or division shall be

the first category of employees to be placed in furlough status.

(b) Volunteer Employees. Following the placement of temporary employees in furlough

status, eligible employees who volunteer for said placement shall be the next category of

employees to be placed in furlough status, subject to the following:

(1) Employees who volunteer to be placed in furlough status must sign a form,

created by the Human Resources Department, confirming that:

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(A) They volunteered to be placed in furlough status, notwithstanding any

preference or eligibility for retention that they may have;

(B) Their decision to volunteer was not coerced or based on any promises

of compensation or other consideration; and

as a result, could be terminated from their employment with the Nation.

(2) Once signed, the employee shall be provided with a copy for his or her

positionrecords and the Human Resources Department shall retain the original copy

in a manner consistent with the Nation’s Open Records and Open Meetings law

and/or any other applicable laws of the Nation.

205.4-4.

Continuous Service. A (3) Employees who volunteer to be placed

in furlough status shall retain the rights afforded under, as well as be subject to, the

recall process set forth in section 205.9 of this law.

above, when the remaining number of employees in the same position within a department

or division exceeds the number of said employees to be placed in furlough status, the order

of placement shall occur in the following order, beginning with the first category:

(1) Non-Indians;

(2) Indians;

(3) Documented first generation Oneida descendants;

(4) Oneida citizens eligible for enrollment in the Oneida Nation; and

(5) Enrolled members of the Oneida Nation.

(A) Exceptions.

(i) Grant Positions. Employment positions within the Nation that

are funded, in whole or part, by appropriations from outside of the

Nation, which prohibit, as a condition of receiving said funds, the

application of Indian preference in employment practices, shall be

exempt from the requirements of section 205.7-3 of this law.

(ii) Other Exceptions. Where it would violate an applicable federal

law, including any regulations related thereto, or the terms of an

applicable loan, memorandum of understanding, contract or other

agreement for which the Nation is a party, the requirements of

section 205.7-3 shall not constituteapply.

(d) Other Priorities. If, following application of Indian preference, employees subject to

placement in furlough status within the same preference category still remain, priority shall

be given to their retention in the following order, beginning with the first category:

(1) Seniority. Employees who have served the Nation as a regular status employee

without a break in continuous service. employment for the longest

amount of time shall be retained first;

(2) Veteran Status. If employees remain after applying the priority for seniority, the

remaining employees with veteran status shall be retained over those with a more

favorable performance evaluation; and

(3) Performance Evaluation. If employees remain after applying the priority for

veterans, the remaining employees with a more favorable performance evaluation

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shall be retained over those with a less favorable performance evaluation.

(A) The most current performance evaluation in existence on the date the

furlough resolution is adopted by the Oneida Business Committee shall be

the evaluation that is used when assessing priority hereunder.

205.8. Furloughed Employees

205.8-1. Employees shall not perform any work for the Tribe while furloughed.

This includes Nation when off of work due to being placed in furlough status, which

includes, but is not limited to, responding to work-related e-mail and voice mailvoicemail, as

well as traveling on behalf of the Tribe.Nation.

205.4-5. (a) Employees within the Nation’s Gaming Operations who are placed in furlough

status, shall continue to adhere to the “Who May Not Play Policy” throughout the furlough period.

205.8-2. Continuous Employment. Being placed in furlough status shall not be considered a

break in continuous service under the Nation’s Personnel Policies and Procedures law or any other

governing law of the Nation that contemplates continuous employment therein.

205.8-3. Unemployment. Furloughed employeesEmployees placed in furlough status shall be

responsible for contacting the State of Wisconsin Department of Workforce Development to

determine if they qualify for unemployment insurance benefits. Eligibility for unemployment

insurance benefits is determined by the State of Wisconsin.

(a) Eligibility for unemployment insurance benefits shall be determined by the State of

Wisconsin.

205.8-4-6..

Benefits. Employees placed in furlough status shall not use or accrue personal or

vacation time when on furlough. Employees for the time that they are off of work as a result of

said placement.

(a) To the extent feasible and subject to the policy of insurance or contractual agreement

governing the specific benefit, employees placed in furlough status shall continue to

receive other benefits during a furloughfor which they were entitled to prior to the

implementation of the furlough program throughout the period of time in which the

furlough program is in place.

205.4-7.8-5.

Overtime and Additional Duty Pay. When a furlough Unless otherwise

approved by the Oneida Business Committee on a case-by-case basis, when a furlough program is

implemented in a department or agencydivision, no employee in that department or agencydivision

shall be eligible for:

(a) overtimeOvertime during the same pay period that another employee from the same

department or agencydivision is onplaced in furlough status; or

(b) additional Additional duty pay for performing duties for other employees in his or her

department or agencydivision who are onhave been placed in furlough status.

205.4-8.-6.

Back Pay. Employees on furlough Except as provided for in section 205.11 of this

law, employees placed in furlough status shall not be eligible for back pay awards upon their return

to work.

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205.5 Furlough Plans

205.5-1. Furlough Plans. The 205.8-7.

Outside Employment. Employees placed in furlough

status shall be allowed to obtain outside employment while in furlough status but shall remain

subject to the recall provisions of section 205.9 of this law.

(a) Employees who obtain outside employment shall continue to adhere to any existing

policies of the Nation that govern their positions of employment with the Nation, including,

but not limited to, employee confidentiality and social media use, while in furlough status.

205.9. Recall of Furloughed Employees

205.9-1. The following shall be adhered to when deciding the order in which employees placed

in furlough status are recalled back to work at the end of a furlough program.

(a) Order for Employee Recall. If every employee placed in furlough status is unable to be

recalled back to work at the same time, or at all, employees shall be recalled as follows:

(1) Indian Preference. Indian preference shall be applied to the recall process in

the following order, with the first category of employees receiving the greatest level

of preference:

(A) Enrolled members of the Oneida Nation;

(B) Oneida citizens eligible for enrollment in the Oneida Nation;

(D) Indians; and

(E) Non-Indians.

(2) Other Priorities. If, following application of Indian preference, employees

subject to placement in furlough status within the same preference category still

remain, priority shall be given to the recall of those remaining employees in the

following order, beginning with the first category:

(A) Seniority. Employees who have served the Nation as a regular status

employee without a break in employment for the longest amount of time

shall be given recall priority first;

(B) Veteran Status. If employees remain after applying the priority for

seniority, the remaining employees with veteran status shall be given recall

priority over those with a more favorable performance evaluation; and

priority for veterans, the remaining employees with a more favorable

performance evaluation shall be given recall priority over those with a less

favorable performance evaluation.

(i) The most current performance evaluation in existence on the

date the furlough resolution was adopted by the Oneida Business

Committee shall be the evaluation that is used when assigning

priority hereunder.

(b) Volunteers. Except as stated herein, employees who qualify for Indian preference and

volunteered to be placed in furlough status shall retain said preference rights during the

recall process, regardless of volunteering, and be recalled consistent therewith.

(1) A volunteer employee in the same Indian preference category as an employee,

who did not volunteer to be placed in furlough status and has no other priority over

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the volunteer employee, shall be recalled before the non-volunteer employee.

205.9-2. Notice of Recall and Responses.

(a) Employees shall be provided with written notice of their recall from placement in

furlough status, using a method that can accurately determine the date of the employee’s

receipt of said notice.

(1) Along with information relevant to the employee’s recall back to work, the

written notice of recall shall include the language of subsection (b), below, in its

entirety.

(b) Failure to Respond. A failure to respond to the notice of recall, in the manner indicated

within the writing, within ten (10) business days of the employee’s receipt thereof shall be

interpreted to mean that the employee does not intend to return on the date of his or her

recall and treated as a resignation of employment by that employee per the governing laws

and policies of the Nation.

205.9-3. Separation in Lieu of Recall. Employees placed in furlough status who are not recalled

at the end of the furlough program shall be terminated from their employment with the Nation in

accordance with the governing laws/policies of the Nation.

205.10.

Responsibilities of Direct Report Level

positions shall develop

furlough plansand Supervisor Positions

205.10-1. Generally. Persons employed in Direct Report Level and supervisory positions with

the Nation, along with any of their duly authorized designees, shall be responsible for familiarizing

themselves with this law, including any policies or procedures promulgated thereunder.

(a) Within a reasonable time after this law goes into effect, and then every two (2) years

thereafter, the Direct Report Level and supervisory positions, along with any of their duly

authorized designees, who would be subject to one (1) or more of the responsibilities set

forth within this law in the event of a furlough program implementation, shall be required

to attend training on the application of this law, as well as the programs to be implemented

hereunder.

(1) The Human Resources Department shall be responsible for the creation and

administration of the training required herein.

(b) Failure to adhere to the requirements or processes set forth within this law may result

in disciplinary action or other consequences consistent with the Nation’s employment laws.

205.10-2. Direct Report Level Positions. Upon the passage of a resolution directing a furlough be

implemented, all Direct Report Level positions and/or duly authorized designees shall immediately

carry out the directive consistent with the resolution; this law, including the Standard Operating

Procedure created by the Human Resources Department in accordance therewith; and the furlough

implementation plan that was approved for their respective departments and agencies.department

or division.

205.5-2. The furlough plans shall set forth how each department or agency intends to implement

a furlough. The plan shall include, but not be limited to, the following:

(a) an explanation of how employees will be selected;

(1) Temporary employees shall be furloughed first, followed by employees who

volunteer to be furloughed. All other employees shall then be eligible to be

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furloughed.

(b) a tentative schedule for a furlough;

(1) Furloughs shall be scheduled in a way that allows the departments to continue

to provide a basic level of service.

(d) a summary of how the furlough will relieve budgetary shortfalls.

205.510-3. Disciplinary Furlough. Furloughs shall not be used for disciplinary reasons.

205.5-4. Indian Preference. Indian preference may not be used as a consideration in identifying

employees to be furloughed.

205.5-5. All furlough plans shall be kept on file with the Human Resources Department.

205.6 Supervisor Responsibilities

. 205.6-1. Upon notificationdirective from the appropriate Direct Report Level position that

furloughs are necessary, a supervisor shall:

(a) Identifypositions and/or duly authorized designees, supervisors shall be responsible to

provide notice to those employees who will be furloughed.

(b) Notify those employees that they will be furloughed and within their furlough dates;respective

department or division as required under section 205.6-3 of this law and provide copies of such

notice to the Human Resources Department to maintain in accordance with governing law.

dates.

(a) Supervisors shall ensure that job descriptions within their respective departments or

divisions are accurately maintained and up-to-date.

205.711. Appeal

205.711-1. An employee who has been furloughedplaced in furlough status under this Policylaw

may only appeal a furlough that is said placement if based on disciplinary reasons.a claim that it

occurred in violation of this law.

(a) A written appeal must be submitted to the Direct Report Level position and/or duly

authorized designee within ten (10) business days fromof the notificationemployees receipt

of the furlough.notice under section 205.6 of this law.

(b) The burden for showing that the employee was placed in furlough status in violation

of this law is based on disciplinary reasons rests on the employee. appealing the placement.

based on the written appeal alone.

(1) The Direct Report Level position and/or duly authorized designee shall provide

a written decision on the matter to the employee and the supervisor.employee’s

supervisor within ten (10) business days of receiving the written appeal unless for

good cause an extension is necessary.

(2) This decision is final and cannot be appealed.

205.711-2. An employee who has been furloughedplaced in furlough status does not have any other

right to appeal a furlough decision under any Tribal law, policy or the personnel grievance process

of the Nation.

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End.

Emergency Adoption – BC-10-15-13-A

Emergency Adoption Extension – BC-04-09-14-D

Adoption – BC-11-10-15-B

Adoption – BC-__-__-__-_

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Title 2. Employment – Chapter 205

[Oneida Language]

[Translation]

FURLOUGH

205.1. Purpose and Policy

205.2. Adoption, Amendment, Repeal

205.3. Definitions

205.4. Application

205.5. Furlough Implementation Plan

205.6. Furlough Implementation

205.7. Placing Employees in Furlough Status

205.8. Furloughed Employees

205.9. Recall of Furloughed Employees

205.10. Direct Report Level and Supervisor Responsibilities

205.11. Appeal

205.1. Purpose and Policy

205.1-1. Purpose. The purpose of this law is to:

(a) Enable the Nation to implement a furlough program in response to an interruption of

governmental revenues or operations, insufficient treasury funds or other emergencies/

unplanned events as determined by the Oneida Business Committee in accordance with

this law;

(b) Establish a consistent and equitable process for implementation of a furlough program;

and

in accordance with this law.

205.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures to

address events and/or incidents that impact employees of the Nation. It is further the policy of the

Nation to incorporate and adhere to Indian preference in all aspects of employment within the

Oneida Nation.

205.2. Adoption, Amendment, Repeal

205.2-1. This law was adopted by the Oneida Business Committee by resolution BC-11-10-15B and amended by resolution BC-__-__-__-_.

205.2-2. 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.

205.2-3. 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.

205.2-4. 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.

205.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

205.3. Definitions

205.3-1. 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) “Additional duties” means responsibilities of another position within the Nation that is

not within an employee’s current scope of work.

(b) “Authorized designee” means an employee identified by a Direct Report Level position

to develop or assist in developing a furlough implementation plan when the individual

employed in the Direct Report Level position is unavailable or requests such assistance

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from that employee.

governmental functions, including, but not limited to, health, safety, regulatory compliance

and/or revenue generation.

(d) “Direct Report Level position” means a position of employment within the Nation that

is the highest level in the chain of command under the Oneida Business Committee and is

responsible for a department and/or division of the Nation.

(e) “Employee” means any individual employed by the Nation, including, but not limited

to, employees of any program or enterprise of the Nation, political appointees, temporary

employees and employees on probationary status.

(f) “Furlough” means temporary, unpaid time off of work for a specified period of time.

(g) “Indian” means any person, other than an Oneida citizen, who is a citizen of a federallyrecognized Indian tribe, other than the Oneida Nation.

(h) “Indian preference” means preference for Indians, regardless of tribal affiliation, in all

aspects of employment, with Oneida citizens receiving the highest levels of preference for

purposes of this law.

(i) “Nation” means the Oneida Nation.

(j) “Oneida citizen” means those persons who are enrolled members of the Nation, eligible

for enrollment in the Nation or documented first generation Oneida descendants.

(k) “Supervisor” means an employee of the Nation who directly oversees the work and

performance of an employee on a daily basis.

(l) “Temporary employee” means an employee hired by the Nation for a short-term

assignment and consists of the following classifications:

(1) Emergency/Temp;

(2) Limited Term;

(3) Seasonal;

(4) Substitute/Relief;

(5) Youth Worker; and

(6) Student/Intern.

205.4. Application

205.4-1. Unless otherwise stated herein, this law shall apply to all employees of the Nation and

all employment decisions of the Nation that are governed, whether in whole or in part, by this law.

205.4-2. Indian Preference. It is the intent of this law, and the policy of the Nation, that no

employee who is Indian shall be furloughed so long as an employee, within the same department/

division and position, who is non-Indian is still employed.

(a) Title VII of the Civil Rights Act of 1964 allows private and government employers on

or near a Federal Trust Indian Reservation to exercise Indian preference in employment.

(b) The Indian Self Determination and Education Act affirms that any tribal employment

or contract preference laws adopted by such tribe shall govern.

a furlough program shall be administered in a manner that affords preferential treatment to

Oneida citizens and Indians in the following order, starting with those employees to be

given the highest level of preference when applying the provisions of this law:

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(1) Enrolled members of the Oneida Nation;

(2) Oneida citizens eligible for enrollment in the Oneida Nation;

(3) Documented first generation Oneida descendants;

(4) Indians; and

(5) Non-Indians.

205.4-3. Equal Opportunity Employer. Notwithstanding section 205.4-2 above, the Nation is an

Equal Opportunity Employer that prohibits the application of this law and/or the implementation

of a furlough program in a manner that discriminates based on race, color, religion, sex, pregnancy,

age, national origin, citizenship status, veteran status, physical or mental disability, genetic

information and/or any other basis protected by the anti-discrimination provisions of Title VII of

the Civil Rights Act of 1964.

205.4-4. Training on Indian Preference. The Human Resources Department shall be responsible

for introducing new employees of the Nation to the concept of Indian preference, as well as how

it applies to the furlough program set forth herein, during employee orientation. Such introduction

shall include, at a minimum, coverage of the following topics:

(a) The history behind Indian preference, including the role that the Bureau of Indian

Affairs (“BIA”) had in its development;

(b) The Indian Self-Determination and Education Assistance Act of 1975, as well as the

exception to Title VII of the Civil Rights Act of 1964; and

when deciding which employees of the Nation would be placed in furlough status, as well

as the order in which they would be recalled, using methods to include, but not be limited

to, hypotheticals and charting.

205.4-5. Prohibitions. Any furlough program of the Nation that is initiated in accordance with

this law shall not:

(a) Be used as a means to resolve performance-related problems, grievance issues or to

take the place of disciplinary actions;

(b) Be administered or implemented in violation of this law or any other applicable laws/

policies of the Nation; and/or

Indian preference to the processes set forth herein.

205.5. Furlough Implementation Plan

205.5-1. Implementation Plan. Within a reasonable time after this law goes into effect, all Direct

Report Level positions, or their duly authorized designees, shall submit a furlough implementation

plan to the Human Resources Department for approval.

(a) The Human Resources Department shall create a standard template that Direct Report

Level positions and/or duly authorized designees must use when developing their furlough

implementation plan hereunder.

(1) The intent of the standard template shall be to elicit, in advance, information

that will allow the Nation to implement a furlough program in as efficient and

consistent a manner as possible under the circumstances, the information of which

shall include, but not be limited to:

(A) Which positions within their respective department or division may

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qualify as a critical position;

(B) Which employees within their respective department or division may

qualify for Indian preference and the corresponding level of preference that

would apply under section 205.4-2 of this law;

or division may be exempt from the application of Indian preference and

the basis for said exemption;

(D) Whether any employees within their respective department or division

may be interested in volunteering to be placed in furlough status in the event

a furlough program is implemented; and

(E) Whether any positions within their respective department or division

are capable of being adjusted to promote Indian preference when deciding

which employees to place in furlough status.

(2) The Human Resources Department shall submit its standard template to the

Oneida Business Committee for approval by resolution prior to distributing it to the

Direct Report Level positions and/or duly authorized designees for development in

accordance herewith.

(b) The Human Resources Department shall create a Standard Operating Procedure which

sets forth how a furlough implementation plan shall be processed under this law once the

standard template is approved by the Oneida Business Committee, that shall, at a minimum,

address the following:

(1) Distribution of the standard template to the Direct Report Level positions and/or

their duly authorized designees;

(2) The process for Direct Report Level positions and/or duly authorized designees

to follow upon receiving the standard template, including, but not limited to:

(A) How a furlough implementation plan shall be created using the standard

template;

(B) How a furlough implementation plan shall be submitted to the Human

Resources Department for approval; and

authorized designees have to submit their furlough implementation plans to

the Human Resources Department upon receipt of the standard template.

(3) How the Human Resources Department will process furlough implementation

plans for approval upon submission by the Direct Report Level positions and/or

duly authorized designees; and

(4) How the Human Resources Department will notify the Direct Report Level

positions and/or duly authorized designees of its decision to approve or reject their

furlough implementation plan and, if rejected, the reason for the rejection and the

process for resubmitting the furlough implementation plan for reconsideration.

Resources Department, as well as the Direct Report Level positions and/or duly authorized

designees, consistent with governing law.

205.5-2. Furlough Implementation Plan Updates. The furlough implementation plan, as well as

the standard template upon which it is developed, shall be updated as follows:

2 O.C. 205 – Page 4

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