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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Meeting Materials April 12, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 306 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 12th day of April, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Packet
Page 1 of 306
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, April 11, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, April 12, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
III. ADOPT THE AGENDA
pp. 1-6
IV. OATHS OF OFFICE
A. Environmental Resources Board – Marlene Garvey
pp. 7-8
B. Oneida Nation Veterans Affairs Committee – Arthur Cornelius
pp. 9-10
V. MINUTES
A. Approve March 22, 2017, regular meeting minutes
Sponsor:
pp. 11-24
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled Implementing Per Capita Plan Adopted by General Tribal Council
on June 13, 2016
Sponsor:
Trish King, Tribal Treasurer
pp. 25-28
B. Adopt resolution entitled Extending the Effective Date of the Community Support Fund
Law
Sponsor:
pp. 29-32
Brandon Stevens, Councilman/Legislative Operating Committee Chair
C. Adopt resolution entitled Conflict of Interest Emergency Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 1 of 6
p. 33
Open Packet
Page 2 of 306
D. Adopt resolution entitled Drug and Alcohol Free Workplace Law Amendments
Sponsor:
pp. 34-64
Brandon Stevens, Councilman/Legislative Operating Committee Chair
E. Adopt resolution entitled Endowments Law Amendments
Sponsor:
pp. 65-84
Brandon Stevens, Councilman/Legislative Operating Committee Chair
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept March 15, 2017, Legislative Operating Committee meeting minutes
pp. 85-87
2. Request Oneida Personnel Commission to submit input regarding Employment Law
pp. 88-89
3. Review Landlord-Tenant Rule # 2: Income Based Rental Program; Landlord-Tenant
Rule # 3: Elder Rental Program; and Eviction & Termination Rule # 1: Disposal of
Abandoned Personal Property
pp. 90-182
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve April 3, 2017, Finance Committee meeting minutes
pp. 183-189
VIII. APPOINTMENTS
A. Approve recommendation to appoint Beverly Anderson, Dale Powless, and Carmelita
Escamea to Oneida Child Protection Board
Sponsor:
Tina Danforth, Tribal Chairwoman
pp. 190-191
IX. STANDING ITEMS
A. Accept quarterly report regarding work plan for Cemetery Improvements Project # 14-002 pp. 192-196
Sponsor:
James Petitjean, Interim Assistant Division Director/Development-Development
B. Approve Constitutional Amendments Implementation Team close-out report; and four (4)
additional requested actions
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
pp. 197-211
X. UNFINISHED BUSINESS
A. Reconsider, review, and hear testimony from Kory Wesaw regarding application to
Oneida Police Commission
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM FEBRUARY 8, 2017: (1) Motion by Jennifer Webster to approve the
recommendation to appoint Kory Wesaw to the Oneida Police Commission, seconded by David
Jordan. Motion fails due to lack of support. (2) Motion by Melinda J. Danforth to request
Chairwoman Tina Danforth to reconsider the other applicants in the pool in accordance with the
Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Brandon
Stevens. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 2 of 6
pp. 212-213
Open Packet
Page 3 of 306
XI. NEW BUSINESS
A. Approve activation of $250,000 from FY 2017 CIP budget for CIP # 14-012 Oneida Farms
Barn & Manure Pit
Sponsor:
James Petitjean, Interim Assistant Division Director/Development-Development
pp. 214-217
B. Approve activation of $393,000 from FY 2017 CIP budget for CIP # 15-003 Norbert Hill Center
Remodeling-Phase VIII
Sponsor:
James Petitjean, Interim Assistant Division Director/Development-Development
pp. 218-221
C. Approve update regarding Noncompliance: Organizational Conflicts of Interest Finding in
Final Monitoring Report Letter from U.S. Dept. of Housing & Urban Development
(This item corresponds with item VI.C. of the agenda)
Sponsor:
Tina Danforth, Tribal Chairwoman
pp. 222-229
D. Reconsider request to approve reorganization of five (5) Elder Services positions to
Comprehensive Health Division
Sponsor:
George Skenandore, Division Director/Governmental Services
pp. 230-242
E. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Failed request for reorganization of five (5) Elder Services positions to
Comprehensive Health Division
Sponsor: George Skenandore, Division Director/Governmental Services
pp. 243-252
XII. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilwoman Fawn Billie – Tribal Action Plan Development
Workshop – Columbia, SC – January 25-27, 2017
pp. 253-255
2. Accept travel report – Secretary Lisa Summers – National Congress of American
Indians (NCAI) Executive Council Winter Session – Washington D.C. – February
14-16, 2017
pp. 256-258
3. Accept travel report – Secretary Lisa Summers – PL280 Subcommittee, Tribal
Caucus, and Intertribal Criminal Justice Council meeting – Hayward, WI – March
22-24, 2017
pp. 259-260
B. TRAVEL REQUESTS
1. Approve travel request – Secretary Lisa Summers – State-Tribal Consultation with
WI Department of Corrections – Hayward, WI – May 8-9, 2017
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 3 of 6
pp. 261-262
Open Packet
Page 4 of 306
XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support
Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE)
A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative analysis,
seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to defer the legal
analysis to the April 12, 2017, regular Business Committee meeting, seconded by Lisa Summers.
Motion carried unanimously. (3) Motion by David Jordan to defer the financial analysis to the April
12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried
unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress report
regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by
Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Fawn
Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept the progress report
regarding the financial analysis, seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified petition
from Sherrole Benton regarding a request to change pre-employment drug testing for marijuana
use; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report
Offices for the legal, financial, legislative, and administrative analyses to be completed; and to direct
the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal
Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45)
days, seconded by Fawn Billie. Motion carried unanimously.
1. Accept legal analysis
Sponsor:
2. Defer financial analysis to April 26, 2017, regular Business Committee meeting
Sponsor:
pp. 281-282
Larry Barton, Chief Financial Officer
B. Approve May 16, 2017, reconvened special GTC meeting mail-out notice
Sponsor:
pp. 263-280
Jo Anne House, Chief Counsel
pp. 283-288
Lisa Summers, Tribal Secretary
C. Enter E-Poll results into the record In accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved request to schedule special GTC meeting on Tuesday, May 16, 2017, at
6:00 p.m. as directed at the March 19, 2017, special GTC meeting
Requestor: Lisa Summers, Tribal Secretary
pp. 289-297
2. Approved request to reschedule April 7, 2017, reconvened Annual GTC meeting to
Sunday, April 23, 2017, at 1:00 p.m., due to identified safety concerns
Requestor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 4 of 6
pp. 298-306
Open Packet
Page 5 of 306
XIV. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
p. 307
a. Approve limited waiver of sovereign immunity – LexisNexis-Time Matters Annual
Maintenance Agreement – contract # 2017-0280
pp. 308-316
b. Approve attorney engagement letters
pp. 317-349
2. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer
pp. 350-364
3. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
pp. 365-375
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
1. Accept February 9, 2017, Audit Committee meeting minutes
pp. 376-379
2. Accept Oneida Police Department Performance Assurance audit and lift confidentiality
requirement to allow Tribal Members to view the audit
pp. 380-388
D. TABLED BUSINESS
1. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Public
Safety Officer Pension Plan
Sponsor: Larry Barton, Chief Financial Officer
pp. 389-400
EXCERPT FROM MARCH 22, 2017: Motion by David Jordan to table this item until the end of
the agenda, seconded by Tehassi Hill. Motion carried unanimously.
E. UNFINISHED BUSINESS
1. Approve limited waiver of sovereign immunity – Independent Care Health Plan-iCare
Provider Service Agreement – contract # 2016-0357
Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations
pp. 401-443
EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to defer this item to the April
12, 2017, regular Business Committee meeting to request clarification on approval, seconded
by David Jordan. Motion carried unanimously.
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Wells Fargo Merchant ServicesMerchant Processing Application – contract # 2017-0244
Sponsor: Larry Barton, Chief Financial Officer
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 5 of 6
pp. 444-523
Open Packet
Page 6 of 306
2. Adopt resolution entitled Adoption of Second Amendment and the Amended and
Restated Credit Note of the Oneida Nation
Sponsor: Larry Barton, Chief Financial Officer
3. Review complaint # 2017-DR16-01
pp. 524-533
pp. 534-537
Sponsor: Lisa Summers, Tribal Secretary
4. Review request regarding wage adjustment procedures (This item is scheduled to
begin at 11:00 a.m.)
Sponsor: Lisa Summers, Tribal Secretary
5. Review request regarding wage adjustment plan for FY 2018 budget planning
pp. 538-539
pp. 540-541
Sponsor: Trish King, Tribal Treasurer
6. Accept information regarding Electrical Department (This item is scheduled to begin
at 1:30 p.m.)
Sponsor: Tina Danforth, Tribal Chairwoman
pp. 542-594
7. Discuss and set performance expectations for Direct Report – DR06 (This item is
scheduled to begin at 2:30 p.m.)
Sponsor: Lisa Summers, Tribal Secretary
pp. 595-599
8. Enter E-Poll results into the record In accordance with BC SOP Conducting Electronic
Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approved request of two (2) actions regarding Limited Term Employee Agreement pp. 600-617
Requestor:
Lisa Summers, Tribal Secretary
b. Adoption of resolution 04-03-17-A Adoption of the Second Amendment to the
Public Safety Officer Pension Plan
Requestors:
Larry Barton, Chief Financial Officer; Jo Anne House, Chief Counsel
pp. 618-625
XV. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:45 p.m., Friday, April 7, 2017, pursuant to the
Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of April 12, 2017
Page 6 of 6
Open Packet
Page 7 of 306
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Marlene Garvey to the Environmental Resource Board
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 8 of 306
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the February 2, 2017 issue of the Kalihwisaks for (1) of vacancy on the Environmental
Resource Board for a (3) year term with the deadline of March 3, 2017. There was (1) applicant for the (1) vacancy
on the Environmental Resource Board. The appointment was made on the March 22, 2017 BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 9 of 306
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Arthur Cornelius to the Oneida Nation Veterans Affairs Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 10 of 306
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the January 19, 2017 issue of the Kalihwisaks for (1) of vacancy on the Oneida Nation Veterans
Affairs Committee for a (3) year term with the deadline of February 17, 2017. There were (2) applicants for the (1)
vacancy on the Oneida Nation Veterans Affairs Committee. The appointment was made on the March 22, 2017
BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 11 of 306
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
03 / 22 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve March 22, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. March 22, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Open Packet
Page 12 of 306
DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, March 21, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, March 22, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Tehassi
Hill, David Jordan (excused at 3:00 p.m.), Brandon Stevens;
Not Present: Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Louise Cornelius, Chad Fuss, Mike Debraska, Jo Anne House, Larry Barton, Tracy
Williams, Debbie Danforth, Moon Hill, Kwaklit (Margaret) Ellis, Sherri Mousseau, Fred Muscavich, Artley
Skenandore, Shawna Torres, Kelly McAnally, Josh Doxtator, Janice Hirth, Michele Danforth-Anderson,
Troy Parr, Nathan King, Joanie Buckley, Leslie Ness;
REGULAR MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Tehassi
Hill, David Jordan, Brandon Stevens;
Not Present: Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilwoman Jennifer Webster;
Arrived at: Treasurer Trish King at 8:33 a.m.;
Others present: Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Loretta Metoxen, Mike
Debraska, John Boulanger, Kathy Metoxen, Elizabeth Somers, Rich Vanboxtel, Richard Elm, Desirae Hill,
Chris Johnson, Don Miller, Joanie Buckley, Nancy Barton, Jen Falck, Dale Wheelock, Larry Barton, Cathy
Metoxen, Debbie Danforth, Pat Pelky, Susan Wilson, Sharon Mousseau, Leanne Doxtator;
I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:31 a.m.
For the record:
Chairwoman Tina Danforth, Councilwoman Fawn Billie, and
Councilwoman Jennifer Webster are away on approved travel to attend
the Midwest Alliance of Sovereign Tribes (MAST) meeting in Washington
D.C.
Treasurer Trish King arrives at 8:33 a.m.
II. OPENING by Councilman Tehassi Hill
Condolences expressed to the families of Gloria Cornelius and Vernon Ninham.
Oneida Business Committee Regular Meeting Minutes DRAFT of March 22, 2017
Page 1 of 13
Open Packet
Page 13 of 306
DRAFT
III. ADOPT THE AGENDA (00:04:15)
Motion by Lisa Summers to adopt the agenda with the following change: [Move Executive Session – New
Business item XIV.D.04 Approve requested action regarding Funding Opportunity Number FY-6100-N-23
into Open Session as New Business item XI.C., seconded by David Jordan]. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
IV. OATHS OF OFFICE (00:04:56) administered by Secretary Lisa Summers
A. Oneida Police Department – Daniel Jourdan
B. Oneida Airport Hotel Corporation – Elizabeth Somers
C. Land Claims Commission – Loretta Metoxen
D. Oneida Nation Arts Board – Desirae Hill
V. MINUTES (00:16:30)
A. Approve March 8, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve March 8, 2017, regular meeting minutes with the following change:
[Add the arrival time for Councilman Brandon Stevens after the opening prayer], seconded by Tehassi
Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Abstained:
David Jordan
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
VI. RESOLUTIONS
A. Adopt resolution entitled EDA FY 2017 Economic Development Assistance Program
Sponsor:
Joanie Buckley, Division Director/Internal Services (00:18:26)
Motion by Lisa Summers to adopt resolution # 03-22-17-A EDA FY 2017 Economic Development
Assistance Program, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
B. Adopt resolution entitled Identifying Official Oneida Media Outlets (00:23:33)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to adopt resolution # 03-22-17-B Identifying Official Oneida Media Outlets,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of March 22, 2017
Page 2 of 13
Open Packet
Page 14 of 306
DRAFT
C. Adopt resolution entitled Repeal of Resolution BC-12-23-09-A, Oneida Housing Authority
Admissions and Occupancy Policy (00:26:11)
Sponsor:
Dale Wheelock, Executive Director/Oneida Housing Authority
Motion by Tehassi Hill to adopt resolution # 03-22-17-C Repeal of Resolution BC-12-23-09-A, Oneida
Housing Authority Admissions and Occupancy Policy, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept March 1, 2017, Legislative Operating Committee meeting minutes (00:54:18)
Motion by Brandon Stevens to accept the March 1, 2017, Legislative Operating Committee meeting
minutes, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve March 13, 2017, Finance Committee meeting minutes (00:55:02)
Motion by Trish King to approve the March 13, 2017, Finance Committee meeting minutes, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
Councilman Tehassi Hill departs at 9:31 a.m.
Councilman Tehassi Hill returns at 9:34 a.m.
Councilman Tehassi Hill departs at 9:34 a.m.
Councilman Tehassi Hill returns at 9:35 a.m.
1. Accept January 12, 2017, Quality of Life meeting minutes (00:55:33)
Motion by Trish King to accept the January 12, 2017, Quality of Life meeting minutes, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of March 22, 2017
Page 3 of 13
Open Packet
Page 15 of 306
DRAFT
VIII. APPOINTMENTS
A. Approve recommendation to appoint Arthur Cornelius to the Oneida Nation Veterans
Affairs Committee (1:23:30)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to approve the recommendation to appoint Arthur Cornelius to the Oneida
Nation Veterans Affairs Committee, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
B. Approve recommendation to appoint Marlene Garvey to the Environmental Resources
Board (1:23:54)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to approve the recommendation to appoint Marlene Garvey to the
Environmental Resources Board, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
IX. STANDING ITEMS
A. Defer Constitutional Amendments Implementation Team close-out report to April 12, 2017,
regular Business Committee meeting (1:24:12)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM JANUARY 25, 2017: Motion by Lisa Summers to accept the Constitutional
Amendments Team report; and to request the team to provide close-out report at the March 22,
2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried
unanimously.
Motion by David Jordan to defer the Constitutional Amendments Implementation Team close-out report to
April 12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
X. UNFINISHED BUSINESS
A. Forward topic of Economic Development and Diversification Set Aside to Community
Development Planning Committee agenda; and accept memo as information (1:24:54)
Sponsor:
Trish King, Tribal Treasurer
EXCERPT FROM JANUARY 11, 2017: Motion by Fawn Billie to direct the Treasurer to develop
the SOPs for the Economic Development and Diversification Set Aside for the March 22, 2017,
regular Business Committee, seconded by Jennifer Webster. Motion carried unanimously.
Motion by Lisa Summers to forward this item to the Community Development Planning Committee
agenda; and accept the memo as information, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of March 22, 2017
Page 4 of 13
Open Packet
Page 16 of 306
DRAFT
XI. NEW BUSINESS
A. Approve concept paper regarding CIP # 13-011 – Oneida Nation High School (2:06:35)
Sponsor:
Troy Parr, Assistant Division Director/Development-Development
Motion by Lisa Summers to approve the concept paper request to proceed regarding CIP # 13-011 –
Oneida Nation High School, with the understanding that the request from the Business Committee is
going to be that once this part of the phase is completed that General Tribal Council be able to weigh in
on a firm yes or no on the project, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Councilman Tehassi Hill departs at 10:54 a.m.
Motion by Lisa Summers to defer the topic of CIP communication and roll-up back to the Community
Development Planning Committee for additional work, seconded by Trish King. Motion carried
unanimously:
Ayes:
David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Treasurer Trish King departs at 10:11 a.m.
B. Review community concern # 2017-CC-04 regarding Norbert Hill Center pond (1:26:12)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept the update as information, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Trish King, Jennifer Webster
C. Approve requested action regarding Funding Opportunity Number FY-6100-N-23
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman (1:40:10)
Motion by Lisa Summers to direct the Assistant Division Directors of Development, James Petitjean and
Troy Parr, and the Executive Director of Housing, Dale Wheelock to work together to identify a project for
the Funding Opportunity Number FY-6100-N-23, which is the Indian Community Block Grant Fund,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Trish King, Jennifer Webster
XII. TRAVEL
A. E-POLLS
1. Enter E-Polls into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved travel request – Secretary Lisa Summers – PL280 Subcommittee, Tribal
Caucus, and Intertribal Criminal Justice Council meeting – Hayward, WI – March
22-24, 2017 (1:41:43)
Requestor:
Lisa Summers, Tribal Secretary
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Motion by Brandon Stevens to enter the E-Poll results into the record for the approved travel request –
Secretary Lisa Summers – PL280 Subcommittee, Tribal Caucus, and Intertribal Criminal Justice Council
meeting – Hayward, WI – March 22-24, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Trish King, Jennifer Webster
b. Approved travel request – Councilwoman Fawn Billie – Association of Community
Tribal Schools, Inc. meeting – Washington D.C. – April 2-5, 2017 (1:42:44)
Requestor:
Fawn Billie, Councilwoman
Motion by David Jordan to enter the E-Poll results into the record for the approved travel request –
Councilwoman Fawn Billie – Association of Community Tribal Schools, Inc. meeting – Washington D.C. –
April 2-5, 2017, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Trish King, Jennifer Webster
XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress report
regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion
by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by
Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept the progress
report regarding the financial analysis, seconded by Brandon Stevens. Motion carried
unanimously. EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the
verified petition from Sherrole Benton regarding a request to change pre-employment drug testing
for marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
Treasurer Trish King returns at 10:15 a.m.
1. Accept legislative analysis (1:43:34)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by David Jordan to accept the legislative analysis, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
2. Accept legal analysis (1:44:16)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Tehassi Hill to defer the legal analysis to the April 12, 2017, regular Business Committee
meeting, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
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3. Accept financial analysis (Not Submitted) (1:45:05)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by David Jordan to defer the financial analysis to the April 12, 2017, regular Business Committee
meeting, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
B. Review request regarding status of Health Care Board petition (1:45:27)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to accept the request as information, seconded by Brandon Stevens. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
XIV. EXECUTIVE SESSION
Councilman Tehassi Hill returns at 10:58 a.m.
Councilman David Jordan departs at 11:01 a.m.
Motion by Lisa Summers to go into executive session at 11:01 a.m., seconded by Tehassi Hill. Motion
carried unanimously: (2:30:07)
Ayes:
Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, David Jordan, Jennifer Webster
Councilman David Jordan returns at 11:05 a.m.
Meeting recessed at 12:00 p.m. until 1:45 p.m.
Motion by Lisa Summers to come out of executive session at 3:49 p.m., seconded by Brandon Stevens.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
(1:53:00)
Motion by Lisa Summers to accept the Gaming General Manager report, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to direct the Gaming team and the Community Development Planning
Committee to have a follow-up work meeting on economic development and long-term site planning,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
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2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
(1:53:50)
Motion by Tehassi Hill to accept the Intergovernmental Affairs & Communications report, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to approve the concept for the Oneida Village at the Ladies Professional Golf
Association; for the team to begin work; that Intergovernmental Affairs & Communications bring back a
final budget which includes the identified target number; and approval for the funds to come from the
Oneida Total Integrated Enterprises funds, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
a. Approve Greater Green Bay Convention & Visitors Bureau Agreement – contract #
2017-0182 (1:54:17)
Motion by Lisa Summers to approve the Greater Green Bay Convention & Visitors Bureau Agreement –
contract # 2017-0182, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
3. Accept Chief Counsel report – Jo Anne House, Chief Counsel (1:55:34) & (2:30:43)
Motion by Lisa Summers to defer this item until the end of the agenda, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to approve the enrollment request, seconded by Brandon Stevens. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to refer item back to the Trust Enrollment Committee to finalize the record and
take corrective action regarding the request identified in the memo dated February 28, 2017, and
February 21, 2017, Trust Enrollment Committee meeting minutes, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers for the Trust Enrollment Committee to come back with at least three (3) options
for funding, seconded by Tehassi Hill. Motion carried one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Lisa Summers
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
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2. Oneida Golf Enterprise – Ladies Professional Golf Association (1:56:12)
Sponsor:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the update regarding the Oneida Golf Enterprise – Ladies Professional
Golf Association, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
C. UNFINISHED BUSINESS
1. Approve three (3) actions regarding additional duties compensation of Division of
Land Management Director (1:56:39)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM SEPTEMBER 28, 2016: Motion by Tehassi Hill to approve a procedural
exception to the Standard Operating Procedure to extend additional duties pay for an
additional six (6) months, seconded by David Jordan. Motion carried with one abstention.
EXCEPT FROM JUNE 22, 2016: (1) Motion by Motion by Jennifer Webster to approve the
continuation of additional duties compensation for Division Director of Land Management until
September 30, 2016, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by
Motion by Jennifer Webster to defer the discussion of this position to the Business Committee
work meeting for July 19, 2016, seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by Lisa Summers to approve the continuation of
additional duties compensation for Division Director of Land Management until June 31,
2016, seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: (1) Motion by Lisa Summers to extend the
recommended additional duties compensation up to three (3) months, seconded by David
Jordan. Motion carried unanimously.
Motion by Lisa Summers to approve the memorandum for additional duties dated September 28, 2016,
effective until March 28, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to approve the memorandum for additional duties as a procedural exception for
March 28, 2017 to June 30, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers for Councilmembers Tehassi Hill, David Jordan, and Jennifer Webster to work
with the Human Resources Department to merge the Environmental Health & Safety Division and Division
of Land Management Director positions per the re-organization plan; and to finalize the appropriate
Human Resources paperwork, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
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2. Approve recommendations regarding complaint # 2017-DR06-04 (2:36:00)
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman; David Jordan,
Councilman
EXCERPT FROM MARCH 8, 2017: Motion by Tehassi Hill to accept complaint # 2017-DR0604 as having merit; and to assign Councilwoman Jennifer Webster, Councilman David
Jordan, and Secretary Lisa Summers, seconded by Jennifer Webster. Motion carried
unanimously.
Motion by Lisa Summers to rescind the March 8, 2017, motion for the complaint recommendations #
2016-DR06-09, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to approve the recommendations # 1 through 6 as corrected and as identified in
the memo dated March 22, 2017, from the sub-team; and for the non-recused Officers to carry out the
recommendations by the close of the business day on March 23, 2017, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
D. NEW BUSINESS
1. Review request regarding Oneida Language House (1:58:30)
Sponsor:
Fawn Billie, Councilwoman
Motion by Lisa Summers to approve the concept to move forward; to assign the team members of
Councilmembers Tehassi Hill, Jennifer Webster, and Brandon Stevens to complete the follow-up; and
that the final proposal be brought back for final approval at the May 10, 2017, regular Business
Committee meeting, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
2. Review update regarding Tsyunhehkwa (1:59:08)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Tehassi Hill to accept the Tsyunhehkwa report; and to request the Internal Services Division
Director to bring back final recommendations for the April 26, 2017, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
3. Comprehensive Health Division contract items:
a. Approve Anthem Blue Cross & Blue Shield-Dentist – contract # 2016-0891 (2:00:16)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Anthem Blue Cross &
Blue Shield-Dentist – contract # 2016-0891, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
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b. Approve limited waiver of sovereign immunity – Guardian Life Insurance Company
of America-DentalGuard – contract # 2016-1193 (2:00:55)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Guardian Life Insurance
Company of America-DentalGuard – contract # 2016-1193, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
c. Approve limited waiver of sovereign immunity – Humana Inc.-Physician
Participation Agreement – contract # 2016-0185 (2:01:16)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by David Jordan to approve the limited waiver of sovereign immunity – Humana Inc.-Physician
Participation Agreement – contract # 2016-0185, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
d. Approve limited waiver of sovereign immunity – Independent Care Health PlaniCare Provider Service Agreement – contract # 2016-0357 (2:02:09)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Independent Care Health
Plan-iCare Provider Service Agreement – contract # 2016-0357, seconded by Tehassi Hill. Motion
withdrawn.
Motion by Lisa Summers to defer this item to the April 12, 2017, regular Business Committee meeting to
request clarification on approval, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
e. Approve limited waiver of sovereign immunity – Network Health Plan-HMO POS
Professional Services Agreement – contract # 2015-1276 (2:03:35)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by Tehassi Hill to approve the limited waiver of sovereign immunity – Network Health Plan-HMO
POS Professional Services Agreement – contract # 2015-1276, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
4. Approve requested action regarding Funding Opportunity Number FY-6100-N-23
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Item moved to Open Session as New Business item XI.C.at the adoption of the agenda.
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5. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Business
Committee 401(k) Savings Plan (2:04:14) & (2:32:56)
Sponsor: Larry Barton, Chief Financial Officer
Motion by David Jordan to table item XIV.D.05 until the end of the agenda, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Tehassi Hill to adopt resolution # 03-22-17-E with the following change: [Delete the third
resolve], seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
6. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Public
Safety Officer Pension Plan (2:04:14)
Sponsor: Larry Barton, Chief Financial Officer
Motion by David Jordan to table item XIV.D.06. until the end of the agenda, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
7. Adopt resolution entitled Regarding Pardon of Efren Rivera (2:04:42)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Brandon Stevens to adopt resolution # 03-22-17-D Regarding Pardon of Efren Rivera,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
8. Review complaint # 2017-DR06-05 (2:05:07) & (2:38:09)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to table items XIV.D.08, XIV.D.09, and XIV.D.11. until the end of the agenda,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to deem complaint # 2017-DR06-05 as having merit; and to assign Secretary
Lisa Summers, Councilwoman Jennifer Webster, and Councilman David Jordan, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
9. Review complaint # 2017-DR06-06 (2:05:07) & (2:38:42)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Lisa Summers to deem complaint # 2017-DR06-06 as having merit; and to assign Secretary
Lisa Summers, Councilwoman Jennifer Webster, and Councilman David Jordan, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
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10. Review complaint # 2017-DR06-07
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to acknowledge receipt of complaint # 2017-DR06-08 (per audio) and the
Business Committee has identified as having no merit, noting the complainant’s employment status; and
to direct the Tribal Secretary to send the appropriate correspondence to the complainant regarding the
Business Committee’s decision, seconded by Tehassi Hill. Motion carried unanimously: (2:05:43)
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
11. Review complaint # 2017-DR08-01 (2:05:07) & (2:37:32)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to deem complaint # 2017-DR08-01 as having merit; and to assign Chairwoman
Tina Danforth, Councilwoman Jennifer Webster, and Councilwoman Fawn Billie, seconded by Tehassi
Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Abstained:
Trish King
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
For the record:
Vice-Chairwoman Melinda J. Danforth stated Trish is excused from this
matter.
XV. ADJOURN
Motion by Trish King to adjourn at 3:58 p.m., seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth, Fawn Billie, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution titled Implementing Per Capita Plan adopted by General Tribal Council on June 13, 2016
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Trish King, Tribal Treasurer
Primary Requestor/Submitter:
Brian A. Doxtator, Executive Assistant to Tribal Treasurer
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
BACKGROUND:
On June 13, 2016, at the General Tribal Council meeting, the governing body (G.T.C.), took action directing the
Oneida Business Committee (O.B.C.), to disburse a $1,300 per capita payment beginning Fiscal Year 2017
through Fiscal Year 2021. In accordance with Chapter 123 within the Shakotiwi? Stawihe' Olihwa'ke (Per Capita)
law; Section 123.4-3 states, "...per capita payments may only be issued at the direction of the General Tribal
Council through adoption of a resolution."
Excerpts:
Motion by Yvonne Metivier to direct the O.B.C. to pay $2,000 Per Capita beginning Fiscal Year 2017 through
2021. Seconded by Scharlene Kasee. Motion carried by hand count: 1068 support; 200 opposed; 35 abstained
Amendment to the main motion by Nancy Skenandore to revise the Per Capita payment amount to $1,300
instead of $2,000. Seconded by Don Charnon. Motion carried by hand count: 791 support; 702 opposed; 32
abstained
Amendment to the main motion by David P. Jordan to go with the O.B.C.'s plan to pay off the debt. Seconded by
Chris Cornelius. Motion carried by hand count: 697 support; 612 opposed; 87 abstained
REQUESTED ACTION:
Adopt resolution titled Implementing Per Capita Plan.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal
Council on June 13, 2016
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 General Tribal Council met on June 13, 2016, to discuss and take action regarding
proposed per capita plans by Petitioner Metivier and the Oneida Business Committee; and
WHEREAS,
the General Tribal Council, after presentations and discussion, adopted a per capita
payment plan by way of motions that “…$1,300 instead of $2,000…” is to be paid
“…beginning Fiscal Year 2017 through 2021”; and
WHEREAS,
section 123.4-3 of the Per Capita law identifies that “per capita payments shall be issued
only at the direction of the General Tribal Council through adoption of a resolution”; and
NOW THEREFORE BE IT RESOLVED, in accordance with the duly adopted Per Capita law, the Oneida
Business Committee implements the action of the General Tribal Council and directs the per capita payment
of $1,300 to every member be included in the budgets for Fiscal Years 2017, 2018, 2019, 2020, and 2021.
Open 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
Implementing Per Capita Plan Adopted by General Tribal Council on June 13, 2016
Summary
This resolution implements the per capita plan adopted by General Tribal Council, which
calls for an annual per capita payment of $1,300 to be made, beginning Fiscal Year 2017 and
continuing through Fiscal Year 2021.
Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
On June 13, 2016, the General Tribal Council (GTC) passed a motion (and an
amendment to that motion) which directed the Oneida Business Committee (OBC) to pay a
$1,300 Per Capita in Fiscal Years 2017 through 2021.
This resolution takes the following action:
“[I]n accordance with the duly adopted Per Capita law, the Oneida
Business Committee implements the action of the General Tribal Council
and directs the per capita payment of $1,300 to every member be
included in the budgets for Fiscal Years 2017, 2018, 2019, 2020, and
2021.” [see NOW THEREFORE BE IT RESOLVED]
The language of the resolution states that this action is taken in accordance with the Per
Capita law. Section 123.4-3 of the Per Capita law states that:
[…] per capita payments may only be issued at the direction of
the General Tribal Council through adoption of a resolution.
Passage of this OBC resolution is intended to satisfy section 123.4-3 of the Per Capita law,
which states that per capita payments may only be issued at the direction of the General Tribal
Council through adoption of a resolution. [Per Capita law, section 123.4-3]
By adopting this resolution, the OBC is interpreting 123.4-3 of the Per Capita law as
permitting per capita payments after GTC directs the OBC to adopt a resolution to implement a
per capita payment that GTC authorized by motion.
Conclusion
Adoption of this resolution does not conflict with the Nation’s laws.
Page 1 of 1
Open Packet
Page 29 of 306
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
4
/ 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider the Resolution Extending the Effective Date of the Community Support Fund Law for adoption.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 30 of 306
r'\
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
=DDDDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
On eida -nsn.gov
TO :
FROM:
DATE:
RE:
Oneida Business Committee '
~
Brandon Stevens, LOC Chairperson '-____f_----___:)
April 12, 2017
Extending the Effective Date of the Community Support Fund Law
Please find the following attached backup documentation for your consideration:
1. Resolution: Extending the Effective Date of the Community Supp01t Fund Law
2. Statement of Effect: Extending the Effective Date of the Community Support Fund Law
Overview
The Community Supp01t Fund law ("the Law") was adopted by the Oneida Business Committee
pursuant to resolution BC-05-15-96-A, and amended by resolution BC-01-08-97-G, BC-12-0113-D, and most recently with BC-01-11-17-B. The most recent amendments to the Law will
become effective on May 11 , 2017.
The Law states that the Social Services Area of Governmental Services Division is responsible
for operation of the Community Supp01t Fund ("the Fund") but that the Social Services Area
may designate the operation of the Fund to a depattment within its control. The Law also
delegates rulemaking authority to the operators of the Fund to create rules to manage the Fund
including the list of categories the Fund covers and funding caps.
The Fund operator has not yet created and prepared rules regarding the management of the Fund.
The Community Support rules will not be completed in time for the Law to become effective.
The Fund operator needs additional time to develop and make effective the rules regarding
management of the Fund in accordance with the process set forth in the Administrative
Rulemaking law. Due to the fact that the Law is so dependent on the development and use of
Community Supp01t Fund Rules, the Law cannot become effective until the rules are created and
prepared.
The attached Resolution will extend the effective date of the law, as stated in resolution BC-0111-17 -B, an additional one hundred and twenty ( 120) calendar days from May 11, 2017, to
September 8, 2017. The attached Resolution-also provides the Fund operator until September 8,
2017, when the law becomes effective to create and make effective rules in accordance with the
Law.
Requested Action
Approve the Resolution : Extending the Effective Date of the Community Support Fund Law
Page 1 of 1
A good mind. A good heart. A strong fire.
Open Packet
Page 31 of 306
Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Extending the Effective Date of the Community Support Fund 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 Oneida Business Committee originally adopted the Community Support Fund law
(“the Law”) pursuant to resolution BC-05-15-96-A, and made amendments pursuant to
resolution BC-01-08-97-G, BC-12-01-13-D, and most recently with BC-01-11-17-B; and
WHEREAS,
the most recent amendments will become effective on May 11, 2017; and
WHEREAS,
the Law states that the Social Services Area of Governmental Services Division is
responsible for operation of the Community Support Fund (“the Fund”) but may designate
the operation of the Fund to a department within its control; and
WHEREAS,
the Law delegates rulemaking authority to the operators of the Fund to create rules to
manage the Fund including the list of categories the Fund covers and funding caps; and
WHEREAS,
the Fund operator needs additional time to develop and make effective the rules
regarding management of the Fund in accordance with the process set forth in the
Administrative Rulemaking law; and
WHEREAS,
the Law is so dependent on the development and use of Community Support Fund rules
that the Law cannot become effective until the rules are created and prepared; and
NOW THEREFORE BE IT RESOLVED, the effective date of the Community Support Fund law as stated
in resolution BC-01-11-17-B is extended an additional 120 calendar days from May 11, 2017, to
September 8, 2017.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Fund operator shall have until September 8,
2017, when the law becomes effective to create and make effective rules in accordance with the Law.
Open Packet
Page 32 of 306
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extending the Effective Date of the Community Support Fund Law
Summary
This Resolution extends the effective date of the Community Support Fund law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This Resolution extends the effective date of the Community Support Fund law, as stated in
resolution BC-01-11-17-B, an additional one hundred and twenty (120) days from May 11, 2017,
to September 8, 2017.
This Resolution also requires that the Fund operator shall have until the law becomes effective
on September 8, 2017, to create and make effective rules in accordance with the Community
Support Fund law.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
The following items were deleted at the adoption of the agenda and/or
during the course of the meeting:
VI.
RESOLUTIONS
C. Adopt resolution entitled Conflict of Interest Emergency Amendments
Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair
X.
UNFINISHED BUSINESS
A. Reconsider, review, and hear testimony from Kory Wesaw regarding application to
Oneida Police Commission
Sponsor: Tina Danforth, Tribal Chairwoman
XIV.
EXECUTIVE SESSION
D. TABLED BUSINESS
1. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Public
Safety Officer Pension Plan
Sponsor:
Larry Barton, Chief Financial Officer
E. UNFINISHED BUSINESS
1. Approve limited waiver of sovereign immunity – Independent Care Health PlaniCare Provider Service Agreement – contract # 2016-0357
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
F. NEW BUSINESS
6. Accept information regarding Electrical Department
Sponsor:
Tina Danforth, Tribal Chairwoman
Open Packet
Page 34 of 306
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled Drug and Alcohol Free Workplace Law Amendments
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3. Law: Redline and clean
2. Legislative Analysis
4. Fiscal Impact Statement
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor/Submitter:
Jen Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 35 of 306
Oneida Nation
000000
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida -nsn.gov
TO:
FROM:
DATE:
RE:
~
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
· Brandon Stevens, LOC Chairperson4_5 .
April 12, 2017
Dmg and Alcohol Free Workplace Law Amendments
..5
Please find the following attached backup documentation for your consideration of the Dmg and
Alcohol Free Workplace Law Amendments:
1. Resolution: Dmg and Alcohol Free Workplace Law Amendments
2.
3.
4.
5.
6.
Statement of Effect: Drug and Alcohol Free Workplace Law Amendments
Drug and Alcohol Free Workplace Law Amendments Legislative Analysis
Drug and Alcohol Free Workplace (Redline)
Drug and Alcohol Free Workplace (Clean)
Drug and Alcohol Free Workplace Law Amendments Fiscal Impact Statement
Overview
The attached Resolution will adopt permanent amendments to the current Dmg and Alcohol Free
Workplace Policy ("the Policy") that are necessary in order to keep the Policy compliant with
requirements of a new finalmle (29 CFR 1904) concerning the Occupational Health and Safety
Act. Amendments to the Policy were adopted by the Oneida Business Committee (OBC) on an
emergency basis through Resolution BC-10-26-16-D. The emergency amendments expire on
April 26, 20 17.
The pe1manent amendments:
•
Petmanently adopt the emergency amendments which brought the Policy into compliance
with OSHA by removing the requirement that an employee submit to mandatory dmg
and alcohol testing immediately following a work-related accident;
• Refer to the Policy as the Drug and Alcohol Free Workplace law (the "Law") moving
forward;
• Clarify that the Law applies to all employees when operating a vehicle owned by the
Nation or a vehicle rented by the Nation in addition to during working hours and when
·on-call. [see section 202.4-1];
• Add the responsibility of providing the appropriate infmmation 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. [see
section 202.5-2(g)];
• Clarify that a supervisor's decision made in regard to reasonable suspicion dmg and
alcohol testing of an employee is final and non-appealable. [see section 202. 7-3];
Page 1 of 2
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•
•
Page 36 of 306
Clarify how diluted drug test results will be handled. [see section 202.8-6]; and
Update the language to ensure compliance with drafting style and formatting
requirements.
In accordance with the Legislative Procedures Act, a public meeting was held regarding the Drug
and Alcohol Free Workplace amendments on, March 2, 2017, with a ,comment period closing on
March 9, 2017. Those comments were accepted and considered by the Legislative Operating
Committee at the AprilS, 2017, Legislative Operating Committee meeting.
Requested Action
Approve the Resolution: Drug and Alcohol Free Workplace Law Amendments
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Open Packet
Page 37 of 306
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Drug and Alcohol Free Workplace Law Amendments
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 Policy (the “Policy”) was adopted by the Oneida
Business Committee by resolution BC-10-25-95-A and amended by BC-12-11-13-F; and
WHEREAS,
the federal Occupational Safety and Health Administration (OSHA) adopted amendments
to 29 CFR 1904, a final rule which became effective on November 1, 2016, and which
prohibited employers from retaliating against workers who report work-related injuries
and illnesses; and
WHEREAS,
the prohibition of retaliation against workers who report work-related injuries and illnesses
includes limiting post-incident drug and alcohol testing to situations in which employee
drug use is likely to have contributed to the incident, and for which the drug test can
accurately identify impairment caused by drug use; and
WHEREAS,
the Oneida Business Committee adopted emergency amendments to the Policy pursuant
to Resolution BC-10-26-16-D in accordance with the emergency adoption process set
forth in the Legislative Procedures Act (LPA); and
WHEREAS,
the emergency amendments brought the Policy into compliance with OSHA requirements
by removing the requirement that all employees must immediately undergo mandatory
drug and alcohol testing following a workplace accident; and
WHEREAS,
the emergency amendments to the Policy expire April 26, 2017; and
WHEREAS,
the adoption of the emergency amendments to the Policy on a permanent basis are
necessary to remain compliant with OSHA requirements; and
WHEREAS,
although the permanent amendments contain the removal of mandatory drug and alcohol
testing requirements following a workplace accident, employees are still required to
immediately report all workplace accidents to their supervisor and can undergo drug and
alcohol testing at any time if there is reasonable suspicion that the employee is under the
influence of alcohol or drugs; and
WHEREAS,
additional permanent amendments include changing the Policy to a law to align with the
Legislative Operating Committee’s directive that all legislation is to be classified as laws
moving forward; and
Open Packet
Page 38 of 306
BC Resolution _____________
Drug and Alcohol Free Workplace Law Amendments
Page 2 of 2
WHEREAS,
amendments clarify that the Law applies to all employees when operating a vehicle
owned by the Nation or a vehicle rented by the Nation in addition to during working hours
and when on-call; and
WHEREAS,
amendments add the responsibility of providing 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;
and
WHEREAS,
amendments clarify that a supervisor’s decision made in regard to reasonable suspicion
drug and alcohol testing of an employee is final and non-appealable; and
WHEREAS,
amendments clarify how diluted drug test results will be handled; and
WHEREAS,
in accordance with the LPA, a public meeting was held regarding the Drug and Alcohol
Free Workplace law amendments on March 2, 2017, with a comment period closing on
March 9, 2017. Those comments were accepted and considered by the Legislative
Operating Committee at the April 5, 2017, Legislative Operating Committee meeting.
NOW THEREFORE BE IT RESOLVED, that the amendments to the Drug and Alcohol Free Workplace
law are hereby adopted and are effective immediately.
Open Packet
Page 39 of 306
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Drug and Alcohol Free Workplace Law Amendments
Summary
This Resolution adopts permanent amendments to the Drug and Alcohol Free Workplace law
(the “Law”).
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This resolution adopts permanent amendments to the Drug and Alcohol Free Workplace Policy
(the “Policy”).
The federal Occupational Safety and Health Administration (OSHA) adopted amendments to 29
CFR 1904, a final rule which became effective on November 1, 2016, and which prohibited
employers from retaliating against workers who report work-related injuries and illnesses. The
prohibition of retaliation against workers who report work-related injuries and illnesses includes
limiting post-incident drug and alcohol testing to situations in which employee drug use is likely
to have contributed to the incident, and for which the drug test can accurately identify
impairment caused by drug use. The Policy requires all employees to immediately undergo drug
and alcohol testing following a workplace accident. These requirements in the Policy conflict
with the requirements under federal law.
The Legislative Procedures Act (LPA) allows the Oneida Business Committee (OBC) to take
emergency action to amend a law where it is "necessary for the immediate preservation of the
public health, safety, or general welfare of the reservation population" and when enactment or
amendment of legislation is required sooner than would be possible under the LPA. [see LPA
section 16.9-5]. Through Resolution BC-10-26-16-D, the OBC enacted emergency amendments
to the Policy to obtain compliance with OSHA’s regulations.
The emergency amendments brought the Policy into compliance by removing the requirement
that an employee submit to mandatory drug and alcohol testing immediately following a workrelated accident.
In order for the Policy to remain compliant with OSHA’s rule, the emergency amendments must
be permanently adopted. The Policy’s emergency amendments expire April 26, 2017.
Since the emergency amendments were adopted on October 26, 2016, additional amendments to
the Policy have been proposed. The proposed amendments now refer the Policy as a law. This
aligns with the Legislative Operating Committee’s directive that all legislation is to be classified
as laws moving forward.
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Additional proposed amendments to the Law:
Clarify that the Law applies to all employees when operating a vehicle owned by the
Nation or a vehicle rented by the Nation in addition to during working hours and when
on-call. [see section 202.4-1];
Add the responsibility of providing 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. [see
section 202.5-2(g)];
Clarify that a supervisor’s decision made in regard to reasonable suspicion drug and
alcohol testing of an employee is final and non-appealable. [see section 202.7-3];
Clarify how diluted drug test results will be handled. [see section 202.8-6]; and
Update the language to ensure compliance with drafting style and formatting
requirements.
In accordance with the Legislative Procedures Act, a public meeting was held regarding the Drug
and Alcohol Free Workplace amendments on March 2, 2017, with a comment period closing on
March 9, 2017. Those comments were accepted and considered by the Legislative Operating
Committee at the April 5, 2017, Legislative Operating Committee meeting.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Page 41 of 306
Analysis to OBC Consideration
2017 04 12
Drug and Alcohol Free Workplace Amendments
Legislative Analysis
Analysis by the Legislative Reference Office
Title
Sponsors
Requester &
Reason for Request
Purpose
Authorized/
Affected Entities
Related Legislation
Enforcement & Due
Process
Public Meeting
Status
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Drug and Alcohol-Free Workplace (law)
Fawn Billie and Jennifer Webster
Drafter
Clorissa N.
Maureen
Analyst
Santiago
Perkins
The Oneida Law Office has requested these changes due to a recently adopted
change to federal law. Additional minor changes were made. The current
amendments permanently adopt the emergency amendments in effect since October
26, 2016.
This law governs drug/alcohol testing of employees of the Nation.
HRD, Employee Health Nursing, Oneida Nation Employee Assistance Program,
Medical Review Officer (MRO), all employees of the Nation and applicants for
employment with the Nation
Personnel Policies and Procedures; Workers Compensation Law
The law identifies how reasonable suspicion can be established, such that an
employee can be sent for drug and/or alcohol testing [see 202.7]. Employee’s cannot
appeal or challenge this determination [see 202.7-3].
A public meeting was held March 2, 2017. The LOC has considered all comments
and accepted changes are reflected in the current draft.
Overview
The Drug and Alcohol Free Workplace Policy was adopted as a tool to establish a
workplace free of the influence of drugs and alcohol. Applicants for employment must pass a
drug screen to be eligible for employment. Current employees can be sent for drug and alcohol
testing based upon reasonable suspicion of their immediate supervisor. The overall goal of the
law is to assist employees who are experiencing issues with drugs and/or alcohol with getting
help to promote rehabilitation and improve the health and safety of employees and customers.
The OBC adopted emergency amendments to the Drug and Alcohol Free Workplace Policy
(law) to comply with a change to federal law (29 CFR 1904) pursuant to resolution BC-10-2616-D. Although the federal rule went into effect August 10, 2016, it was not enforced until
November 1, 2016. These proposed amendments are being considered for permanent adoption.
The federal rule is intended to prevent employers from discouraging employees from reporting
workplace injuries and illnesses. The change to federal law more clearly prohibits employers
from using drug testing, or the threat of it, as a form of retaliation against employees who report
injuries or illnesses. The comments for the Final Rule, published on the Federal Register, states:
“[t]he final rule does prohibit employers from using drug testing (or the threat of drug
testing) as a form of adverse action against employees who report injuries or illnesses. To
strike the appropriate balance here, drug testing policies should limit post-incident testing
to situations in which employee drug use is likely to have contributed to the incident, and
for which the drug test can accurately identify impairment caused by drug use.”
Page 1 of2
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Analysis to OBC Consideration
2017 04 12
The emergency amendments adopted October 26, 2017 removed the requirement for
employees to undergo alcohol and drug testing every time they are involved in a work-related
accident [see 202.3-1(m) and 202.8-3 of current policy previous to emergency amendments]. The
amendments also removed the provision that treated a failure to do so as refusal to test [see
202.9-1(i) of current policy previous to emergency amendments]. References were deleted
related to work-related accidents when identifying what refusal to test entails [see 202.9-1(i) of
current policy previous to emergency amendments].
These changes mean that employees of the Nation will no longer be subject to mandatory
drug and alcohol testing for every work-related accident. The law will not identify any situations
where an employee is subject to mandatory post-accident testing. However, employees may still
be subject to drug and alcohol testing if their supervisor has reasonable suspicion that the
employee may be under the influence. Standards/processes for how supervisors can establish
reasonable suspicion are still contained in the amended law [see 202.7].
Additional Amendments
The amended law now states that employees a supervisor’s decision made in regard to
reasonable suspicion of drug and alcohol testing is final and not appealable [see 202.7-3].
Other
The Oneida Tribe of Indians of Wisconsin was updated to Nation throughout the law in
accordance with the approved constitutional amendments.
The law was changed from a policy to a law in accordance with the current LOC’s
directive that all policies become laws.
Minor language and formatting changes have been made to improve the clarity of the law
without affecting the content.
Refer to the fiscal impact statement for any financial impacts.
The emergency amendments are currently effective and will remain in effect for up to six
months (expire 4/26/2017), with the possibility of a one-time extension of up to an
additional six months [see Legislative Procedures Act, 16.9-5(b)]. The proposed
amendments are being considered for permanent adoption.
Page 2 of2
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Draft 1for OBC Consideration
2017 04 12
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Title 2. Employment – Chapter 202
DRUG AND ALCOHOL FREE WORKPLACE POLICY
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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. Waiting Period
202.11. Consequences for Prohibited Behavior
202.1. Purpose and Policy
202.2. Adoption, Amendment, Repeal
202.3. Definitions
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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 TribeNation is committed to protecting the safety, health and well-being of
all employees, and other individuals in the workplace. The TribeNation recognizes that alcohol
abuse and drug use pose a significant health and safety threat to our customers and other
employees. The TribeNation also recognizes that alcohol/ and drug abuse and addiction are
treatable illnesses. The TribeNation realizes that early intervention and support may improve the
success of rehabilitation.
202.1-2. Policy. It is the policy of the TribeNation 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 TribeNation encourages employees to voluntarily seek help for their personal
drug and alcohol-related problems.
202.2. Adoption, Amendment, Repeal
202.2-1.
This policylaw was adopted by the Oneida Business Committee by resolution BC10-25-95-A and amended by BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F and BC-10-26-16D.___________.
202.2-2.
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.
202.2-3.
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.
202.2-4.
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.
202.2-5.
This policylaw is adopted under authority of the Constitution of the Oneida Tribe
of Indians of Wisconsin.Nation.
202.3. Definitions
202.3-1.
This section shall govern the definitions of words or phrases as used hereinwithin
this law. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appropriate authority” shall meanmeans the Human ResourceResources Department
hiring representative, immediate supervisor, EHN, MRO, and/or EAPONEAP who requests
2 O.C. 202 – Page 1
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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.
(bc) “Confirmed positive test result” shall meanmeans a lab-confirmed drug test that is
verified by the MRO that exceeds the cut-off levels established by this Policylaw (levels
established by the USUnited 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.
(cd) “EHN” means the Oneida Employee” shall mean Health Nursing Department.
(e) “Employee” means any individual who is employed by the TribeNation and is subject
to the direction and control of the TribeNation 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 TribeNation,
but does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this Policylaw, individuals employed under an
employment contract as a limited term employee are employees of the TribeNation, not
consultants.
(df) “External applicant” shall meanmeans a person who is applying for a position and not
currently employed by the TribeNation.
(eg) “HRD” shall meanmeans the Human Resources Department and/or representatives
performing Human Resources functions applicable to this Policylaw.
(fh) “Internal applicant” shall meanmeans a person who is applying for a position who is
currently employed by the TribeNation, this shall includeincludes those employed under a
temporary status.
(gi) “MRO” shall meanmeans 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.
(hj) “Nation” means the Oneida Nation.
(k) “NHTSA” means the National Highway Traffic Safety Administration.
(l) “ONEAP” shall meanmeans 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 Tribalthe Nation’s employees and family members.
(im) “Prohibited drug(s)” shall meanmeans 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 shall also includeincludes prescription medication or over-thecounter medicine used in an unauthorized or unlawful manner.
(jn) “Return-to-Work Agreement” shall meanmeans 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.
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(kp) “Supervisor” shall meanmeans 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.
(l) “Tribal” or “Tribe” shall mean the Oneida Tribe of Indians of Wisconsin.
(mq) “Work-related accident” shall meanmeans 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 and requiresor 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.
202.4. Application
202.4-1.
This Policylaw applies to all applicants for employment, whether external or
internal, and all employees during working hours and when on-call, when on-call, and when
operating a vehicle owned by the Nation or a vehicle rented by the Nation.
202.4-2.
Employees are 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 and prohibited drugs while on
official business travel while the conference or meeting is in session.
202.4-3.
4. An employee is not exempted from this Policylaw 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 employeesan 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.
(c) Comply with drug and alcohol testing if directed to do so upon the request of an
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 and. The employee shall
return the call of the MRO within twenty-four (24) hours of the call being made to the
employee. EmployeesAn employee who failfails to cooperate and dodoes 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.
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(f) Sign a consent form to be tested for alcohol and drugs when requested by a supervisor,
EHN, a certified drug and alcohol technician, or police personnel in accordance with this
Policy.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 Policylaw and any related policies and procedures.
(b) Investigate reported suspicious behaviors while maintaining the confidentiality of the
person who reported the suspicious behavior.
(c) Promptly intervene with employeesan employee who areis believed to be under the
influence of 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 forensic testing.
(f) Take appropriate action as outlined by this Policylaw.
(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. Supervisors and employeesA supervisor or an employee that
failfails to adhere to theirthe responsibilities of the supervisor or employee under this Policylaw
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 Policylaw. 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. In the case whereAn
employee who is called in for an emergency or unplanned work (this does not include, excluding
those on-call),, and he or she has been using prohibited drugs or drinking alcoholic beverages prior
to such a call, such employee shouldshall 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 his
or herthe employee’s system. Such refusal to report shall not be viewed as improper, and
disciplinary action shall not arise specifically from such refusal.
202.5-6.
Use of Controlled Substances That May Affect Safety or Performance.
EmployeesAn employee who areis taking or areis under the influence of any controlled substances
during working hours (such as, 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 TribeNation 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 his
or herthe employee’s physician or pharmacist.
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(c) An employee shall not sell or share his or her prescribed medications with any other
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 Employee Health
Nursing (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 his or herthe 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 TribeNation is in violation of this Policylaw 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 TribeNation.
(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
TribeNation.
(c) Uses unauthorized prescription drugs or intentionally misuses and/or abuses
prescription medications.
(d) Refuses to test.
(e) Has a confirmed positive test result after completing a drug and/or alcohol forensic test
through EHN or its designeea 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, contemporaneous and articulable 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
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influence or reasonable suspicion is otherwise established, the supervisor shall refer the employee
for reasonable suspicion drug and alcohol forensic 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 Policylaw. To ensure the accuracy and
fairness of this Policylaw, all forensicdrug and alcohol testing shall be conducted according to the
Department of Health and Human Services, Substance Abuse and Mental Health Services
Administration (SAMSHASAMHSA) guidelines for Federal Workplace Drug testingTesting
Programs.
202.8-2.
The Employee Health Nursing DepartmentEHN or its designee shall use Federal
Drug Administration approved urine tests and National Highway Transportation Safety
Administration (NHTSA) certified evidential breath testing devices or NHTSA certified salivascreening 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.
(c) Confirmation drug testing done by saliva testing shall be performed using an NHTSA
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, is required toshall participate in preemployment, reasonable suspicion, and follow-up testing upon the request of an appropriate
authority.
202.8-5.
A negative test result is required for employment eligibility. In cases where a test
result is diluted or the test was cancelled, retesting urine for drugs is required. If the re-test results
in a negative-dilute, the applicant shall be given a negative test result. If the re-test results in a
positive-dilute, then the applicant shall be given a positive test result. Other retesting may also be
required at the direction of the MRO. A negative test result is required for employment eligibility.
202.9 Refusal to Test
202.9-1.
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.
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(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 non-negative and/or 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 .
(c) Refusal to cooperate in the testing process in such a way that prevents completion of
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
re-testing.
(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.
AnIt 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 during the waiting period betweenat the time of
initiation of the reasonable suspicion drug and alcohol testing and specimen collection anduntil the
employer’s notificationemployer is notified by EHN of negative results on both the drug and
alcohol tests, alcohol and drugs, or MRO-verified negative test results.
202.10-2.
3. When negativeconfirmation 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. Back 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 Policylaw. 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 Personnel Policies and ProceduresNation’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.
202.10-3. This section applies only to current employees who meet the reasonable suspicion
standard. It does not apply to applicants.
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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 the Employee Health Nursing Department EHN or other designated
testing site for his or herthe 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 202.6-1(e) 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 202.6-1, the employment offer shall be withdrawn. The applicant shall be
removed from duty and subject to respective consequences of this Policylaw. 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
202.6-1, 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), he or shethe employee
shall be removed from duty and subject to the respective consequences of this Policylaw.
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 be required to sign aa Return-to-Work Agreement and
submit itthe agreement to his or her supervisor within ten (10) calendar 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.
(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 TribeNation shall be
removed from duty without pay and shall receive a mandatory referral to ONEAP
for an assessment.
(2) The employee shall be required to sign aa Return-to-Work Agreement and
submit it to theirthe employee’s supervisor for signature within ten (10) calendar
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:
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(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;
(C) The ONEAP notifies the supervisor of the employee’s eligibility to
return 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.
(c) Third Violation.
(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 TribeNation shall be
terminated. The employee shall not be eligible for employment unless he or she
receives a forgiveness pursuant to the Pardon and Forgiveness Lawlaw. An
employee that receives a forgiveness shall not be eligible for re-hire for one (1) year
after the date of termination.
202.12. Re-hire
202.12-1. Former employeesA former employee that werewas terminated due to violations of this
Policylaw shall provide, along with theirthe 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
theirthe former employee’s own expense.
202.13. Other Potential Consequences
202.13-1.
The violation of this Policylaw 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.: EmployeesAn employee who areis
terminated as a result of a violation of this Policylaw may be ineligible for unemployment
benefits.
(b) Reduction of Workers Compensation Benefits.: EmployeesAn employee who
sufferincurs an injury in a work-related accident that occurred while engaged in a violation
of this Policylaw may have any workers compensation benefits reduced.
(c) Criminal Penalties.: EmployeesAn employee whose conduct violates state or federal
criminal laws may be referred to appropriate law enforcement for criminal prosecution.
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(d) Liability for Accidents.: EmployeesAn employee whose conduct in violation of this
Policylaw 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 Policylaw 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 his or herthe employee’s records. The records may be requested by a third party
in accordance with the Oneida Personnel PoliciesNation’s laws, rules and Procedurespolicies
governing employment.
202.15. Communication
202.15-1. HRD shall communicate this Policylaw to all employees to ensure all employees are
aware of their role in supporting this Policylaw:
(a) All employees shall be given information on how to access this Policylaw.
(b) This Policylaw shall be reviewed in new employee orientation and other means, as
deemed appropriate by HRD.
(c) All employees shall sign an acknowledgment form stating they have received a copy of
this Policylaw, have read and understand it, and agree to follow this Policylaw.
End.
See GTC-101-31-94-B
Adopted by the OBC on 808-17-94
Emergency Amendments 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-
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Title 2. Employment – Chapter 202
DRUG AND ALCOHOL FREE WORKPLACE
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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
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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 alcohol-related 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 BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F 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.
(c) “Confirmed positive test result” means a lab-confirmed drug test that is verified by the
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.
(d) “EHN” means the Oneida Employee Health Nursing Department.
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(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.
(c) Comply with drug and alcohol testing if directed to do so upon the request of an
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.
(c) Promptly intervene with an employee who is believed to be under the influence of
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 offduty 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.
(c) An employee shall not sell or share his or her prescribed medications with any other
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.
(c) Uses unauthorized prescription drugs or intentionally misuses and/or abuses
prescription 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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(c) Confirmation drug testing done by saliva testing shall be performed using an NHTSA
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, shall participate in pre-employment,
reasonable suspicion, and follow-up testing upon the request of an appropriate authority.
202.8-5. A negative test result is required for 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.
(c) Refusal to cooperate in the testing process in such a way that prevents completion of
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
re-testing.
(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.
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
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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
202.6-1, 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.
(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.
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(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;
(C) The ONEAP notifies the supervisor of the employee’s eligibility to
return 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.
(c) Third Violation.
(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
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.
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(c) Criminal Penalties. An employee whose conduct violates state or federal criminal laws
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.
(c) All employees shall sign an acknowledgment form stating they have received a copy of
this law, have read and understand it, and agree to follow this law.
End.
See GTC-01-31-94-B
Adopted by the OBC on 08-17-94
Emergency Amendments 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-
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FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
February 27, 2017
FROM:
Rae Skenandore, Project Manager
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
I.
Fiscal Impact of Amendments - Drug and Alcohol Free Workplace (DAFWP)
Estimated Fiscal Impact Summary
Law: Drug and Alcohol Free Workplace (DAFWP)
Draft 1
Implementing Agency
Employee Health Nursing (EHN)
Human Resources Department (HRD)
Estimated time to comply
Upon Approval
Estimated Impact
Current Fiscal Year
$0
$0
$0
$20,797
10 Year Estimate
$20,797 Savings
$207,970 Savings
Start up
Personnel
Office
Documentation Costs
Total Estimated Fiscal Impact
Revenue and cost considerations
Uncertainties and Unknowns
II.
$207,970
None
None
Background
A.
Legislative History
This Law was originally adopted as a policy by the Oneida Business Committee
by resolution BC-10-25-95-A and amended by BC-10-20-99-A, BC-12-05-07-B
and BC-12-11-13-F.
1
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B.
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Summary of Content
1.
Permanently adopt emergency amendments which removed the
requirement of post-accident drug and alcohol testing for all instances of workrelated injuries and accidents so that DAFWP complied with the requirements of
the Occupational Safety and Health Act (OSHA);
2.
Expand the application of the DAFWP so the Law applies to all applicants
and employees during times the applicant or employee is operating a motor
vehicle owned by the Nation or a vehicle rented by the Nation;
3.
Clarify that an employee is prohibited from the use of prohibited drugs at
all times;
4.
Add an additional responsibility to the employee to provide appropriate
information to Employee Health Nursing in the event a medical condition
prevents the employee from properly completing drug and alcohol testing;
5.
Clarify that supervisor’s determination to use reasonable suspicion drug
and alcohol testing is non-appealable;
C.
Methodology and Assumptions
1.
A “Fiscal Impact Statement” means an estimate of the total fiscal year
financial effects associated with legislation and includes startup costs, personnel,
office, documentation costs, as well as an estimate of the amount of time
necessary for an agency to comply with the law after implementation.
2.
Finance does NOT identify the source of funding for the estimated cost or
allocate any funds to the legislation.
II.
Agency Response
According to the Area Manager of the Human Resources Department, there will be no
financial impact of the amendments. The Manager of Employee Health Nursing (EHN)
estimated the following cost savings. In Fiscal Year 2014, prior to the mandatory postaccident testing, EHN paid $9,384 for supplies, lab testing and taxi costs for drug testing.
In Fiscal Year 2016 all associated testing costs which included post –accident and
property damage testing was $30,181. A difference of $20,797 annually or an estimated
savings of $207,970 over 10 years. The amendments can be implemented immediately
upon approval.
III.
Financial Impact
$20,797 annual anticipated savings.
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IV.
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Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 12 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled Endowments Law Amendments
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3. Law: Redline and clean
2. Legislative Analysis
4. Fiscal Impact Statement
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor/Submitter:
Jen Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Nation
000000
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
~
r'\
Oneida Business Committee
Legislative Operating Committee
.
~randon Stevens, LOC ~hairpersonG:_.)~
April 12, 2017
Endowments Law Amendments
Please find the following attached backup documentation for your consideration of the
Endowments Law Amendments:
1.
2.
3.
4.
5.
6.
Resolution: Endowments Law Amendments
Statement of Effect: Endowments Law Amendments
Endowments Law Amendments Legislative Analysis
Endowments Law (Redline)
Endowments Law (Clean)
Endowments Law Amendments Fiscal Impact Statement
Overview
The attached Resolution will adopt amendments to the cunent Endowments law. The
amendments:
•
•
•
Allow a resolution which creates an endowment the ability to delegate rulemaking
authority to others pursuant to the Administrative Rulemaking law. The delegation of
rulemaking authority through resolutions allows endowments the ability to delegate
rulemaking authority to programs in order for the programs to access funding derived
from endowment investments. [see Endowments section 131. 11-1] ;
Modify how an endowment fund account can be dissolved, now requiring a two-thirds
(2/3) vote of each of the following : Oneida Trust Committee, Oneida Finance Committee
and the Oneida Business Committee. Additionally a two-thirds (2/3) vote of the Oneida
General Tribal Council is required if the endowment fund account proposed to be
dissolved contains five hundred thousand dollars ($500,000) or more. [see Endowments
section 131.10-1] ,· and
Update the language to ensure compliance with drafting style and fmmatting
requirements.
In accordance with the Legislative Procedures Act, a public meeting was held regarding the
amendments to the Endowments law on February 16, 2017, with a comment period closing on
February 23 , 2017. Those comments were accepted and considered by the Legislative Operating
Committee at the March 15, 2017, Legislative Operating Committee meeting.
Requested Action
Approve the Resolution: Endowments Law Amendments
Page 1 of 1
A good mind. A good heart. A strong fire.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Endowments Law Amendments
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 Endowments law (the “Law”) was adopted by the Oneida Business Committee by
resolution BC-02-23-05-G; and
WHEREAS,
the amendments to the Law identify that authorization in a resolution creating an
endowment is the equivalent of authority delegated by law as identified in the
Administrative Rulemaking law so that a resolution which creates an endowment has the
ability to delegate rulemaking authority to create and enact a set rules in accordance with
the Administrative Rulemaking law, as authorized by the Law, in order to implement,
interpret and/or enforce the Law; and
WHEREAS,
the delegation of rulemaking authority through resolutions allows an endowment to
delegate rulemaking authority to programs in order for programs to create and enact
rules in order to access funding derived from endowment investments; and
WHEREAS,
currently, the Law allows an endowment fund account to be dissolved only by
recommendation of the Oneida Finance Committee and the Oneida Trust Enrollment
Committee and ratification by the Oneida Business Committee; and
WHEREAS,
the amendments modify how an endowment fund account can be dissolved now
requiring a two-thirds (2/3) vote of each of the following: Oneida Trust Enrollment
Committee, Oneida Finance Committee and the Oneida Business Committee.
Additionally a two-thirds (2/3) vote of the Oneida General Tribal Council is required if the
endowment fund account proposed to be dissolved contains five hundred thousand
dollars ($500,000) or more; and
WHEREAS,
additional amendments update the language to ensure compliance with drafting style and
formatting requirements; and
WHEREAS,
a public meeting on the amendments was held on February 16, 2017, in accordance with
the Legislative Procedures Act, and comments received were reviewed and accepted by
the Legislative Operating Committee on March 15, 2017.
NOW THEREFORE BE IT RESOLVED, that amendments to the Endowments law are hereby adopted
and effective immediately.
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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
Endowments Law Amendments
Summary
This Resolution adopts amendments to the Endowments law which identify that authorization in
a resolution creating an endowment is the equivalent of authority delegated by law as identified
in the Administrative Rulemaking law for the purposes of developing rules, and modifies how an
endowment fund account can be dissolved.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This Resolution adopts amendments to the Endowments law (“the Law”), which was originally
adopted by the Oneida Business Committee on February 23, 2005.
Amendments to the Law modify how an endowment fund account can be dissolved. Currently,
the Law allows an endowment fund account to be dissolved only by recommendation of the
Oneida Finance Committee and the Oneida Trust Enrollment Committee, with ratification by the
Oneida Business Committee. The amendments now require a two-thirds (2/3) vote of each of the
following: the Oneida Trust Enrollment Committee, Oneida Finance Committee and the Oneida
Business Committee. Additionally, a two-thirds (2/3) vote of the Oneida General Tribal Council
is required if the endowment fund account proposed to be dissolved contains five hundred
thousand dollars ($500,000) or more.
The amendments allow rulemaking authority to be granted through a resolution creating an
endowment. The Administrative Rulemaking law allows for only authorized agencies granted
rulemaking authority by a law to create rules. Those authorized agencies which were granted
rulemaking authority by a law can then create rules interpreting the provisions of the law
enforced or administered by it. The Endowments law was adopted before the Administrative
Rulemaking law, and as a result there is a gap between the two laws which would not allow rules
to be developed in accordance with a resolution.
The amendments allow a resolution to delegate rulemaking authority to create and enact a set of
rules establishing requirements in accordance with the Administrative Rulemaking law, as
authorized by the Law, in order to implement, interpret and/or enforce the Law. The delegation
of rulemaking authority through resolutions allows endowments the ability to delegate
rulemaking authority to programs in order for the programs to access funding derived from
endowment investments.
Additional amendments update language to ensure compliance with drafting style and formatting
requirements.
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A public meeting on the proposed amendments was held on February 16, 2017, in accordance
with the Legislative Procedures Act. On March 15, 2017, the LOC reviewed all comments
received during the public comment period; and any changes made based on those comments
have been incorporated into this draft.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Analysis to Draft for OBC Consideration
2017 04 12
Endowments
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
JoAnne House
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
DRAFTER:
ANALYST:
David P. Jordan
Clorissa N. Santiago
Maureen Perkins
To grant Administrative Rulemaking authority by resolution to programs based
upon criteria established by the endowments created under the Endowments law.
The purpose of this law is to provide the process for the establishment and
maintenance of all endowment accounts established by the Oneida Nation [see
131.1-1].
Finance Committee, Oneida Nation Treasurer, Oneida Business Committee,
Oneida departments, Trust Enrollment Committee, Chief Financial Officer, Trust
Enrollment Department,
Administrative Rulemaking
There are no enforcement or due process provisions included in the law.
A public meeting was held February 16, 2017.
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SECTION 2. LEGISLATIVE DEVELOPMENT
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SECTION 3. CONSULTATION
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE PROPOSED AMENDMENTS
A. The current Endowments law does not include rulemaking authority. The current amendments fill
this gap by granting rulemaking authority to Oneida entities according to a Oneida Business
Committee resolution adopting the creation of the specific endowment [see 131.11].
B. This process opens endowments created according to the Endowments law to Oneida entities to create
programming based upon criteria crated by resolution.
A. The Oneida Law Office, the Treasurer’s Office and the Finance Committee were consulted in the
proposed amendments of this law.
B. The amendments have incorporated the Administrative Rulemaking law to grant rulemaking authority
by resolution.
A. The amendments are following the legislative process as legislative and fiscal analyses have been
requested. A public meeting was held February 16, 2017.
B. The Endowment Fund Amendments were added to the Active Files list as a high priority on December
21, 2016.
A. Administrative Rulemaking authority was established through this law to be granted to Oneida entities
by resolution [see 131.11]. This allows future endowments to be created under the Endowments law
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Analysis to Draft for OBC Consideration
2017 04 12
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and allows Oneida entities to create rules regarding how their programming under the established
endowments will work.
B. The proposed amendments are written to the current standard of the Oneida Business Committee with
the law containing the overarching goal of the endowment fund account process and the rules, as
granted by administrative rulemaking and authorized by resolution, containing the detail of how
entities will expend endowment funds. The rules created by Oneida entities utilizing the endowment
funds will contain more detailed directives which will undergo public comment period and Oneida
Business Committee input.
C. Section 131.10 was amended to mirror language in section 131.9. Specifically a two-thirds (2/3) vote
of each of the Oneida Trust Enrollment Committee, the Oneida Finance Committee and the Oneida
Business Committee are required to dissolve an established endowment [see 131.10-1(a)].
Additionally, a two-thirds (2/3) vote of the Oneida General Tribal Council is required if the proposed
dissolved account contains five hundred thousand dollars ($500,0000) or more [see 131.10-1(a)(1)].
These requirements are already present in the law under the Reduction of Principal section [see 131.91(a) and 131.9-1(a)(1)].
D. Oneida Tribe of Indians of Wisconsin has been changed to Oneida Nation to reflect approved
constitutional amendments. The Trust Department has been changed to the Trust Enrollment
Department to reflect the current title of the department. The Trust Committee was changed to the
Trust Enrollment Committee to reflect the current title of the Committee. Section 131.2 was updated
to reflect the requirements set out in the Legislative Procedures Act.
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SECTION 6. INTENT
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SECTION 7. EFFECT ON EXISTING LEGISLATION
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SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
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A. The intent of the changes is to provide rulemaking authority to Oneida entities to expend endowment
funds created by resolution as established by the Finance Committee with approval by the Oneida
Business Commi
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