# Phone: (920)869-2214

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad00498093f7ba4e3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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."

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad00498093f7ba4e3. Public record. Not legal advice.