Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 07-24-24-C

Amendments to the Back Pay 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 Back Pay law (“the Law”) was adopted by the Oneida Business Committee through

resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC08-13-14-C, and BC-10-26-16-A; and

WHEREAS,

the purpose of this Law is to set forth standards used in the reinstatement of an employee

and the calculation of back pay for all employees of the Nation in accordance with the

Nation’s law; and

WHEREAS,

the amendments to the Law include a new section which provides for the reinstatement of

employee who had involuntary separation overturned and addresses such issues as: the

requirement to hold a position pending litigation, amending the position description or

eliminating the position pending an employee appeal, and reinstatement to the position the

employee was involuntarily separated from; and

WHEREAS,

the amendments to the Law clarify that back pay calculations shall be made using the

employee’s last wage in the position which they were terminated from; and

WHEREAS,

the amendments to the Law clarify the circumstances in which an employee is not eligible

to work, and therefore is not eligible for back pay; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

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

Services, Human Resources Department, and the General Manager; 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

WHEREAS,

the Legislative Operating Committee held two (2) public meetings on the proposed

amendments to the Law; and

BC Resolution 07-24-24-C

Amendments to the Back Pay Law

Page 2 of 2

WHEREAS,

a public meeting for the proposed amendments to this Law was held on December 13,

2022, with no individuals providing oral comments, and the public comment period for the

amendments to this Law was held open until December 20, 2022, with one (1) submission

of written comments received; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments

received on February 1, 2023, and any changes have been incorporated into this draft; and

WHEREAS,

an additional public meeting for the proposed amendments to this Law was held on April

12, 2024, with one (1) individual providing oral comments, and the public comment period

for the amendments to this Law was held open until April 19, 2024, with no written

comments received; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments

received on June 11, 2024, 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 Back Pay law which shall become effective on August 7, 2024.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 5 members

were present at a meeting duly called, noticed and held on the 24th day of July 2024; that the forgoing

resolution was duly adopted at such meeting by a vote of 4 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."