Oneida Business Committee (2024)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
June 19, 2024
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. June 5, 2024 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Back Pay Law Amendments (pg. 4)
2. Computer Resources Ordinance Amendments (pg. 30)
IV.
New Submissions
1. Vendor Licensing Law Amendments (pg. 35)
2. Independent Contractor Policy Amendments (pg. 36)
3. Oneida Travel and Expense Policy Repeal (pg. 37)
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
June 5, 2024
9:00 a.m.
Present: Jameson Wilson, Jonas Hill, Kirby Metoxen
Excused: Jennifer Webster, Marlon Skenandore
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: David P. Jordan, Eric Boulanger, Evan Doxtator, Fawn
Cottrell, Matthew Denny, Nicole Rommel, Connor Kestell, Justin Nishimoto, Carolyn Salutz,
Maureen Perkins, Peggy Helm-Quest, Sidney White, Katsitsiyo Danforth, Donna Smith, Lisa
Moore, Kristal Hill, Peggy Van Gheem, Shane Hill, Mark Powless, Rae Skenandore, Derrick King,
Todd Vanden Heuvel Ralinda Ninham-Lamberies, Janice Decorah
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the June 5, 2024, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Kirby Metoxen. Motion carried
unanimously.
II.
Minutes to be Approved
1. May 15, 2024 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the May 15, 2024, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried
unanimously.
III.
Current Business
1. Back Pay Law Amendments
Motion by Kirby Metoxen to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Jonas
Hill. Motion carried unanimously.
2. Vehicle Driver Certification and Fleet Management Law Amendments
Motion by Kirby Metoxen to approve the Vehicle Driver Certification and Fleet
Management law amendments draft, legislative analysis, and public meeting notice, and
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of June 5, 2024
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forward the Vehicle Driver Certification and Fleet Management law amendments to a
public meeting to be held on July 15, 2024; seconded by Jonas Hill. Motion carried
unanimously.
3. Computer Resources Ordinance Amendments
Motion by Jonas Hill to approve the draft of the proposed amendments to the Computer
Resources Ordinance and direct that a legislative analysis be completed; seconded by Kirby
Metoxen. Motion carried unanimously.
IV.
New Submissions
1. Oneida Life Insurance Plan Law Emergency Amendments
Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion
carried unanimously.
2. Uniform Commercial Code
Motion by Jonas Hill to add the Uniform Commercial Code to the Active Files List with
Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Kirby Metoxen to adjourn at 9:22 a.m.; seconded by Jonas Hill. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of June 5, 2024
Page 2 of 2
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
June 19, 2024
Back Pay Law
Amendments
Submission Date: 9/21/22
Public Meeting: 12/13/22
04/12/24
Emergency Enacted: N/A
LOC Sponsor: Jonas Hill
Summary: This item was carried over from last term. On August 14, 2022, during executive session,
the Oneida Business Committee requested that the Legislative Operating Committee add the Back Pay law
to the Active Files List, and to release the confidential memo to the Legislative Reference Office as a
confidential document.
9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the
Backpay Policy to the active files agenda and to release the confidential memo to the
Legislative Reference Office as a confidential document, seconded by David P. Jordan.
Motion carried.
9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List
with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
9/29/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie
Cornelius, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to review and
discuss the proposed draft of amendments to the Back Pay law.
10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back Pay
law and direct that a legislative analysis be completed; seconded by Daniel Guzman King.
Motion carried unanimously.
10/13/22:
Work Meeting. Present: David P. Jordan, Daniel Guzman King, Marie Cornelius, Clorissa N.
Leeman, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to review and discuss an additional proposed
amendments to the law.
10/19/22 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded
by Marie Cornelius. Motion carried unanimously.
11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Back Pay
law amendments to a public meeting to be held on December 13, 2022; seconded by Marie
Cornelius. Motion carried unanimously.
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12/13/22:
Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke
Doxtator, David P. Jordan (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy
Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Rachel Fitzpatrick
(Microsoft Teams), Tina Jorgensen (Microsoft Teams), Melanie Burkhart (Microsoft Teams),
Grace Elliot (Microsoft Teams), Brenda Haen (Microsoft Teams), Debra Santiago (Microsoft
Teams), Kristal Hill (Microsoft Teams), Matt Denny (Microsoft Teams), Ronald Vanschyndel
(Microsoft Teams), Wendy Alvarez (Microsoft Teams), Stefanie Reinke (Microsoft Teams),
Jay Kennard (Microsoft Teams), Sidney White (Microsoft Teams). The public meeting for the
Back Pay law amendments was held in person in the Norbert Hill Center and on Microsoft
Teams. No individuals provided public comment during the public meeting.
12/20/22:
Public Comment Period Closed. One (1) submission of written comments were received
during the public comment period.
2/1/23 LOC:
Motion by Maire Cornelius to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Daniel
Guzman King. Motion carried unanimously.
2/1/23:
Work Meeting. Present: David P. Jordan, Marie Cornelius, Danie Guzman King, Clorissa N.
Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work meeting was to review and
consider the public comments received.
2/15/23 LOC: Motion by Jennifer Webster to accept the updated public comment review memorandum;
seconded by Marie Cornelius. Motion carried unanimously.
3/14/23:
Work Meeting. Present: David P. Jordan, Marie Cornelius, Jennifer Webster, Clorissa N.
Leeman, Grace Elliott, Kristal Hill, Todd Vandenheuvel, Matt Denny, Josh Cottrell. This was
a work meeting held through Microsoft Teams. The purpose of this work meeting was to
review and consider the concerns brought up by HRD in their public comments.
10/4/23 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List
with Jonas Hill as the sponsor; seconded by Marlon Skenandore. Motion carried unanimously.
1/3/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Kirby Metoxen Clorissa Leeman, Carolyn Salutz, Kristal Hill, Maureen Perkins, Fawn
Cottrell. The purpose of this work meeting was for the LOC to review the draft of proposed
amendments that went to public meeting and the corresponding comments that were received,
and discuss and determine any revisions needed to the draft and the next steps for moving this
legislative item forward.
1/17/24:
Work Meeting. Present: Marlon Skenandore, Jennifer Webster, Jonas Hill, Kirby Metoxen
Clorissa Leeman, Carolyn Salutz (Microsoft Teams), Maureen Perkins (Microsoft Teams).
The purpose of this work meeting was for the LOC to review the updated draft of proposed
amendments; and determine next steps for moving this legislative item forward. LOC decided
that a work meeting should be scheduled with HRD, Oneida Law Office, and General
Managers to review the updated language, and that an additional public meeting should be
held.
2/1/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen
Clorissa Leeman, Carolyn Salutz, Kristal Hill, Maureen Perkins, Fawn Cottrell. The purpose
of this work meeting was for the LOC to review the memorandum received the Oneida Law
Office regarding their question on statistics on the use of back pay in the Nation, and the
question of whether to exclude wages earned from a back pay award is typical.
A good mind. A good heart. A strong fire.
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2/20/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen Clorissa Leeman, Kristal
Hill, Maureen Perkins, Fawn Cottrell, Todd Vanden Heuvel, Wendy Alvarez, Whitney
Wheelock, Marie Cornelius, Dana Thyssen, Matt Denny, Mark Powless, Peggy Van Gheem,
Jeri Bauman. The purpose of this work meeting was for the LOC to review the updated
proposed amendments to the Bay Pay law with HRD, the Oneida Law Office, and the general
managers.
3/6/24 LOC:
Motion by Jennifer Webster to approve the updated materials contained in the public meeting
packet for the Back Pay Law Amendments, and forward the Back Pay Law Amendments to a
public meeting to be held on April 12, 2024; seconded by Jonas Hill. Motion carried
unanimously.
4/12/24:
Public Meeting Held. Present: Jonas Hill, Marlon Skenandore, Jameson Wilson, Clorissa
Leeman, Brooke Doxtator, Maureen Perkins, Cathy Metoxen, Peggy Helm-Quest, Justin
Nishimoto, Racquel Hill, Kristin Jorgenson-Dann, Michelle Tipple, Brenda Haen. One (1)
person provided public comment during this public meeting.
4/19/24:
Public Comment Period Closed. No individuals provided written comments during the public
comment period.
6/5/24 LOC:
Motion by Kirby Metoxen to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Jonas Hill.
Motion carried unanimously.
6/11/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,
Clorissa Leeman, Kristal Hill, Maureen Perkins, Fawn Cottrell. The purpose of this work
meeting was to review and consider the public comments received.
Next Steps:
Approve the updated public comment review memorandum, draft, and legislative analysis.
Approve the fiscal impact statement request memorandum and forward to the Finance
Department directing that a fiscal impact statement be prepared and submitted to the LOC by
July 3, 2024.
A good mind. A good heart. A strong fire.
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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=DODDOO
ONEIDA
Legislative Operating Committee (LOC)
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
June 19, 2024
Back Pay Law Amendments: Public Comment Review with LOC Consideration
On April 12, 2024, a public meeting was held regarding the proposed amendments to the Back Pay
law (“the Law”). The public comment period was then held open until April 19, 2024. The
Legislative Operating Committee reviewed and considered the public comments received on June
11, 2024. This memorandum is submitted as a review of the comments received during the public
comment period.
Comment 1 – Eliminating a Position:
206.4. Holding a Position Pending Appeals and Reinstatement
206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is
involuntarily separated and thereafter appeals said involuntarily separation, the disciplining
supervisor may only fill the employee's former position with an interim or temporary
employee until the appeal has fully run its course, which includes any appeal timelines to the
area manager, the Trial Court, or the Appellate Court.
206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold an employee's position pending an
employee's appeal as provided in section 206.4-1, a supervisor or business unit may amend
the affected position description or eliminate the affected position while an employment
appeal is pending to respond to extreme financial distress that could negatively impact the
Nation.
(a) The determination to amend an affected position description or eliminate an
affected position shall be approved by the Human Resources Executive Director and
either the:
(1) General Manager;
(2) Gaming General Manager;
(3) Retail General Manager; or
(4) the highest position in the employee’s chain of command for non-divisional
employees.
206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From.
Should an employee's appeal of an involuntarily separation result in the involuntarily
separation being overturned, the reviewing party shall order the employee be reinstated to
the position from which the employee was involuntarily separated.
(a) In the event the position the employee was involuntarily separated from has been
eliminated, or the employee is no longer eligible for the position based on amendments
to the position description, the order to reinstate shall be deemed satisfied and the
back pay end date shall be the date of the reviewing party's decision.
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Cathy Metoxen (oral): Cathy Metoxen. Anything else? Is this for looks or for real? That's my
first question. My second question is if it hasn't been followed in the past, what's gonna be umm
enforced for the future? Umm. Depending on who the person may be, you know you can eliminate
their position. That looks like you know, and it kind of looks like to me. If somebody doesn't like
somebody, you know, we'll just we can't hire her back. So we will eliminate the position and create
something so they can come back. They got nothing to come back to, so that's the way the little bit
that I've seen in the last five minutes. That's what I jump. So is. That's what I'm seeing.
So I gotta say, what's real and what's not. You know what's gonna be taken seriously? Because
nothing seems to be taken seriously, there's no teeth and I've been looking for teeth in a in stuff for
a long time so. If somebody wins their case, they're entitled to their back pay. Now I know people
who won their cases and never got, and maybe they just didn't like them, you know? And and that's
what's frustrating and tiring. And that's what I look for and that's what I'm kind of seeing in this
little bit that I looked at. I'd have to read it more closely, but that's the first thing I think of is what
stands out is to see positions can be eliminated and then, umm.
Well, I'd like to see people get treated fairly across the board and forget about nepotism and
favoritism. And you know who gets drunk or sober or whatever with each other. You know, instead
of owing favors and such, you know, and taking care of your own and all of this kind of stuff,
because whether you like it or not, it's there. Whether anybody likes to hear it or not, it's there and
it happens and you hear about it all the time and the ordinary person sitting on a bar stool can
understand what's being said. The ordinary person, but not the, sometimes not the highly educated,
you know, and preferred people. I call them, usually the elite. But that's my, my concern and I
have a reason for that, but we don't have time for that and because it's not fair and a lot of times
when you hear people talk, they talk about the fairness of things and that's why I come up here and
I say is this real or is this just, you know, for looks because that's what I wonder about.
You know it's just an example.
That those are my concerns is now you got something in writing here where you can eliminate the
position it looks like. And like I said, I read it in five (5) minutes, I gotta read it all over again and
get better understanding of it, but I think what I'm seeing is, uh, you're creating a lot to benefit
who. To benefit specifically for a reason, and if you don't like so, Joe at over at HRD, then
eliminate the position and then we'll create a different position and we'll put somebody we want in
there because that kind of seems like the way it goes sometimes it just appears that way and that's
that's all I'm saying is that's where you got to get teeth. And and if you're going to say you're going
to do something, if somebody's been sexually harassed, you know for so many years and then they
got to go through a process that carries out for four (4) years and then they win their case, but then
they say, oh, we don't have to pay you back pay, we’re just going to eliminate your position.
Fairness across the board, and let's be real.
You might not like what I say, or what somebody else might say, but everything can't be positive.
I heard that this morning everything can’t be positive. Never.
There's always something someplace, and this is just an example.
A good mind. A good heart. A strong fire.
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Response
Overall, the commenter expresses the concern that the law be implemented in a manner that is fair
for all persons, particularly regarding how positions are eliminated. The commenter also expressed
concerns regarding the enforcement of this law.
In regard to concerns on a fair application of eliminating positions, the Back Pay law provides
protections to ensure when an employee position may be eliminated pending an appeal. When an
employee is involuntarily separated and then appeals their involuntarily separation, the
disciplining supervisor may only fill the employee's former position with an interim or temporary
employee until the appeal has fully run its course, which includes any appeal timelines to the area
manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-1]. A supervisor or business unit
is only allowed to amend the affected position description or eliminate the affected position while
an employment appeal is pending to respond to extreme financial distress that could negatively
impact the Nation. [2 O.C. 206.4-2]. Extreme financial distress is defined as a situation in which
an entity cannot generate sufficient revenues or income, making it unable to meet or pay its
financial obligations, due to situations including, but is not limited to natural or human-made
disasters; United States Government shutdown; emergency proclamations; and economic
downturn. [2 O.C. 206.3-1(g)]. When conditions of extreme financial distress that may negatively
impact the Nation exist, the determination to amend an affected position description or eliminate
an affected position is still required to be approved by the Human Resources Executive Director
and either the General Manager, Gaming General Manager, Retail General Manager; or the highest
position in the employee’s chain of command for non-divisional employees. [2 O.C. 206.4-2(a)].
If an employee's appeal of an involuntarily separation result in the involuntarily separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which
the employee was involuntarily separated. [2 O.C. 206.4-3]. If the position the employee was
involuntarily separated from has been eliminated, or the employee is no longer eligible for the
position based on amendments to the position description, the order to reinstate is deemed satisfied
and the back pay end date is calculated as the date of the reviewing party's decision. [2 O.C. 206.43(a)].
In regard to concerns of enforcement of the Back Pay law, the Law provides that an employee who
does not receive back pay in accordance with the back pay agreement may seek enforcement by
the Judiciary. [2 O.C. 206.6-4].
The proposed amendments to the Back Pay law adequately address the concerns shared by the
commenter. There are no recommended revisions based on this comment.
LOC Consideration
The Legislative Operating Committee agreed that the proposed amendments to the Back Pay law
address the concerns shared by the commenter, and therefore no revisions to the proposed
amendments to the Back Pay law is needed based on the comments.
A good mind. A good heart. A strong fire.
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Title 2. Employment – Chapter 206
BACK PAY
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Back Pay Calculation
206.5. Back Pay Process
206.1. Purpose and Policy
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206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Holding a Position Pending Appeals and Reinstatement
206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
employee, and the calculation of back pay for all employees of the Nation in accordance with the
Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, AppealRepeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. 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.
206.2-4. 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.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(a)(b) “Advocate” means a non-attorney person as provided by law and other person who
is admitted to practice law and is presented to the court as the representative or advisor to
a party.
(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(c)(d) “Consequential damages” means damages that are not a direct and immediately
2 O.C. 206 – Page 1
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2024 06 19
result of an act, but a consequence of the initial act, including but not limited to penalties
on early withdrawal of retirement account.
(d) “Consultant” means a professional who is contracted externally whose expertise is
provided on a temporary basis for a fee.
(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “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.
(g) “Extreme financial distress” means a situation in which an entity cannot generate
sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to:
(1) natural or human-made disasters;
(2) United States Government shutdown;
(3) emergency proclamations; and
(4) economic downturn.
(g)(h) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to, investigative leave, suspension or termination.
(h)(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(i)(j) “Nation” means the Oneida Nation.
(j)(k) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(l) “Reviewing party” means the area manager or the Trial Court.
(m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Holding a Position Pending Appeals and Reinstatement
206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily
separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only
fill the employee's former position with an interim or temporary employee until the appeal has
fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or
the Appellate Court.
2 O.C. 206 – Page 2
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206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's
appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected
position description or eliminate the affected position while an employment appeal is pending to
respond to extreme financial distress that could negatively impact the Nation.
(a) The determination to amend an affected position description or eliminate an affected
position shall be approved by the Human Resources Executive Director and either the:
(1) General Manager;
(2) Gaming General Manager;
(3) Retail General Manager; or
(4) the highest position in the employee’s chain of command for non-divisional
employees.
206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should
an employee's appeal of an involuntarily separation result in the involuntarily separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which
the employee was involuntarily separated.
(a) In the event the position the employee was involuntarily separated from has been
eliminated, or the employee is no longer eligible for the position based on amendments to
the position description, the order to reinstate shall be deemed satisfied and the back pay
end date shall be the date of the reviewing party's decision.
206.5. Back Pay Calculation
206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall
be made using the employee's last wage in the position which they were involuntarily separated
from. Back pay, in all circumstances, shall be limited to the calculation set forth in this Section as
they relate to the employee. section. Back pay shall include and be subject to the following as it is
related to the employee:
(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for
vacation/ and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation/ and personal time. If the
crediting of vacation/ and personal time would result in the employee exceeding
the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount
over that cap shall be provided as a cash payout. Non-reinstated employees shall
be paid out vacation/ and personal time in lieu of crediting personal/ and vacation
time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system/ or standard used by the employee’s supervisor
2 O.C. 206 – Page 3
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during the back pay period and willshall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage willshall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee willshall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
2 O.C. 206 – Page 4
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(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work;. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of involuntary
separation;
(2) When a position is eliminated or inactive as part of the Nation’s response to
extreme financial distress;
(3) When an employee would have been on medical leave at the time of involuntary
separation; and
(4) When an employee would otherwise not be eligible to work in the position from
which they were separated from in accordance with the position description based
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on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
additional duties are a part of such involuntarily separated employee’s regular schedule.
206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.56. Back Pay Process
206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose
of implementing this law.
206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.56-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-505-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C. 206 – Page 6
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Title 2. Employment – Chapter 206
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Holding a Position Pending Appeals and Reinstatement
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206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
employee, and the calculation of back pay for all employees of the Nation in accordance with the
Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, Repeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. 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.
206.2-4. 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.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(b) “Advocate” means a non-attorney person as provided by law and other person who is
admitted to practice law and is presented to the court as the representative or advisor to a
party.
(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(d) “Consequential damages” means damages that are not a direct and immediately result
of an act, but a consequence of the initial act, including but not limited to penalties on early
withdrawal of retirement account.
(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit
2 O.C. 206 – Page 1
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increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “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.
(g) “Extreme financial distress” means a situation in which an entity cannot generate
sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to:
(1) natural or human-made disasters;
(2) United States Government shutdown;
(3) emergency proclamations; and
(4) economic downturn.
(h) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to investigative leave, suspension or termination.
(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(j) “Nation” means the Oneida Nation.
(k) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(l) “Reviewing party” means the area manager or the Trial Court.
(m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Holding a Position Pending Appeals and Reinstatement
206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily
separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only
fill the employee's former position with an interim or temporary employee until the appeal has
fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or
the Appellate Court.
206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's
appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected
position description or eliminate the affected position while an employment appeal is pending to
respond to extreme financial distress that could negatively impact the Nation.
2 O.C. 206 – Page 2
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(a) The determination to amend an affected position description or eliminate an affected
position shall be approved by the Human Resources Executive Director and either the:
(1) General Manager;
(2) Gaming General Manager;
(3) Retail General Manager; or
(4) the highest position in the employee’s chain of command for non-divisional
employees.
206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should
an employee's appeal of an involuntarily separation result in the involuntarily separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which
the employee was involuntarily separated.
(a) In the event the position the employee was involuntarily separated from has been
eliminated, or the employee is no longer eligible for the position based on amendments to
the position description, the order to reinstate shall be deemed satisfied and the back pay
end date shall be the date of the reviewing party's decision.
206.5. Back Pay Calculation
206.5-1. Back Pay Limitations. Back pay calculations shall be made using the employee's last
wage in the position which they were involuntarily separated from. Back pay, in all circumstances,
shall be limited to the calculation set forth in this section. Back pay shall include and be subject to
the following as it is related to the employee:
(a) Vacation and Personal Time Accrual. Employees shall receive prorated credit for
vacation and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation and personal time. If the
crediting of vacation and personal time would result in the employee exceeding the
accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over
that cap shall be provided as a cash payout. Non-reinstated employees shall be paid
out vacation and personal time in lieu of crediting personal and vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system or standard used by the employee’s supervisor
during the back pay period and shall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
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involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage shall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee shall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
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retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of involuntary
separation;
(2) When a position is eliminated or inactive as part of the Nation’s response to
extreme financial distress;
(3) When an employee would have been on medical leave at the time of involuntary
separation; and
(4) When an employee would otherwise not be eligible to work in the position from
which they were separated from in accordance with the position description based
on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
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additional duties are a part of such involuntarily separated employee’s regular schedule.
206.5-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.6. Back Pay Process
206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of
implementing this law.
206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.6-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.6-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-05-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C. 206 – Page 6
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Analysis to Draft 3
2024 06 19
BACK PAY LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
1
2
3
4
5
6
7
8
9
10
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Analysis by the Legislative Reference Office
Include a new section in the law which provides for the reinstatement of
employee who had involuntary separation overturned and addresses such
issues as:
Requirement to hold a position pending litigation [2 O.C. 206.4-1];
amending the position description or eliminating the position pending
an employee appeal [2 O.C. 206.4-2];
Reinstatement to the position the employee was involuntarily
separated from [2 O.C. 206.4-3];
Clarify that back pay calculations shall be made using the employee’s last
wage in the position which they were terminated from [2 O.C. 206.5-1];
Clarify the circumstances in which an employee is not eligible to work,
and therefore is not eligible for back pay [2 O.C. 206.5-2(d)].
The purpose of this law is to set forth standards used in the reinstatement of
an employee and the calculation of back pay for all employees of the Nation
in accordance with the Nation’s law. [2 O.C. 206.1-1].
Oneida Law Office, General Manager, Gaming General Manager, Retail
General Manager, Human Resources Department Executive Director, Oneida
Nation Judiciary, Employees of the Nation
A public meeting was held on December 13, 2022, with a public comment
period held open until December 20, 2022. An additional public meeting was
held on April 12, 2024, with a public comment period held open until April
19, 2024.
The LOC is requesting a fiscal impact statement be developed by Finance
on June 19, 2024.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Back Pay law was originally adopted by the Oneida Business Committee in 2006
through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC-0813-14-C, and BC-10-26-16-A. The purpose of the Back Pay law is to set forth standards used in the
reinstatement of an employee and the calculation of back pay for all employees of the Nation in
accordance with the Nation’s law. [2 O.C. 206.1-1]. It is the policy of the Nation to have consistent
and standard procedures for the management of employee reinstatement and back pay. [2 O.C. 206.12].
B. Request for Amendments. On the September 14, 2022, the Oneida Business Committee adopted a
motion to request the Legislative Operating Committee consider amendments to the Back Pay law. The
Legislative Operating Committee added this legislative item to its Active Files List on September 21,
2022.
13
14
Page 1 of 6
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Back Pay law and this legislative analysis:
Oneida Law Office;
Human Resources Department;
General Manager; and
Gaming Employee Services.
B. The following laws were reviewed in the drafting of this analysis:
Back Pay law;
Oneida Personnel Policies and Procedures;
Drug and Alcohol Free Workplace law;
Furlough law; and
Investigative Leave Policy.
SECTION 4. PROCESS
A. The development of the proposed amendments to the Back Pay law complies with the process set forth
in the Legislative Procedures Act (LPA).
On September 14, 2022, the Oneida Business Committee adopted a motion to request the
Legislative Operating Committee to add the Back Pay Policy to the active files agenda and to
release the confidential memo to the Legislative Reference Office as a confidential document.
On September 21, 2022, the Legislative Operating Committee added the Law to its Active Files
List.
On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed
amendments to the Back Pay law and directed that a legislative analysis be developed.
On October 19, 2022, the Legislative Operating Committee approved the updated draft and
legislative analysis.
On November 2, 2022, the Legislative Operating Committee approved the public meeting
packet and forwarded the Back Pay law amendments to a public meeting to be held on
December 13, 2022.
The public meeting was held on December 13, 2022, in person in the Norbert Hill Center and
on Microsoft Teams. No individuals provided public comment during the public meeting.
The public comment period was held open until December 20, 2022. One (1) submission of
written comments was received during the public comment period.
On February 1, 2023, the Legislative Operating Committee to accepted the public comments
and the public comment review memorandum and deferred these items to a work meeting for
further consideration. The Legislative Operating Committee reviewed and considered these
comments later that same day.
On February 15, 2023, the Legislative Operating Committee accepted the updated public
comment review memorandum.
On October 4, 2023, the Legislative Operating Committee readded the Back Pay law
amendments to its Active Files List for the 2023-2026 legislative term.
On March 6, 2024, the Legislative Operating Committee approved the updated materials
contained in the public meeting packet for the Back Pay law amendments, and forwarded the
Back Pay law amendments to a public meeting to be held on April 12, 2024.
Page 2 of 6
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On April 12, 2024, a public meeting was held regarding the proposed amendments to the Back
Pay law. One (1) person provided public comment during this public meeting.
On April 19, 2024, the public comment period for the proposed amendments to the Back Pay
law closed. No individuals provided written comments during the public comment period.
On June 5, 2024, the Legislative Operating Committee accept the public comments and the
public comment review memorandum and defer to a work meeting for further consideration.
On June 11, 2024, the Legislative Operating Committee reviewed and considered the public
comments received.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
September 29, 2022: LOC work session;
October 13, 2022: LOC work session;
February 1, 2023: LOC work session;
March 14, 2023: LOC work session with HRD.
January 3, 2024: LOC work session.
January 17, 2024: LOC work session.
February 1, 2024: LOC work session.
February 20, 2024: LOC work session with HRD, Oneida Law Office, General Manager, and
Gaming Employee Services.
June 11, 2024: LOC work session.
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Back Pay Statistics
Employees of the Nation may receive back pay for a couple different reasons such as (1) overturned
suspensions, separations, and employment terminations; (2) an investigative leave that ends with the
employee returning to their position with no discipline; and (3) missed work time for reasonable suspicion
drug test that produces a negative result.
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90
Below please find some statistics provided by the Oneida Law Office regarding employment appeals and
back pay awards related to each reason listed above.
EmpJovmen.t AoueaJls. sinoe January 1, 2-022
Annealed Terminations/Seoarations
21
Aovealoo Suspension
18
Back Pav Pavmeots Silu:e Januarv l .. 2022
Overturned Tenninat,i on/Se.paration
9
O'i. ertumed Susoension
6
Return from Investigative Leave - No Discipline
1
Return from Drug Test wi.th Negative Result
1
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Holding a Position Pending Appeals and Reinstatement. A new section added to the Law through
these amendments addresses reinstatement of an employee who was involuntarily separated. [2 O.C.
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206.4]. This new section requires that when an employee is involuntarily separated and thereafter
appeals said involuntary separation, the disciplining supervisor may only fill the employee's former
position with an interim or temporary employee until the appeal has fully run its course, which includes
any appeal timelines to the area manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-1].
Additionally, this section of the Law provides that notwithstanding the requirement to hold an
employee's position pending the employee's appeal as provided in section 206.4-1, a supervisor or
business unit may amend the affected position description or eliminate the affected position while an
employment appeal is pending to respond to extreme financial distress that could negatively impact the
Nation. [2 O.C. 206.4-2]. Extreme financial distress is defined to mean a situation in which an entity
cannot generate sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to, natural or human-made disasters; United States
Government shutdown; emergency proclamations; and economic downturn. [2 O.C. 206.3-1(g)].The
determination to amend an affected position description or eliminate an affected position is then
required to be approved by the Human Resources Department Executive Director and either the General
Manager, Gaming General Manager, Retail General Manager, or the highest position in the employee’s
chain of command for non-divisional employees. [2 O.C. 206.4-2(a)]. This new section then goes on
to provide that should an employee's appeal of an involuntary separation result in the separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which the
employee was involuntary separated. [2 O.C. 206.4-3]. In the event the position the employee was
involuntarily separated from has been eliminated, or the employee is no longer eligible for the position
based on amendments to the position description, the order to reinstate shall be deemed satisfied and
the back pay end date shall be the date of the reviewing party's decision. [2 O.C. 206.4-3(a)].
Effect. The overall purpose of this new section to the Law is to provide direction and clarification
on how the reinstatement of an employee who had an involuntary separation overturned is handled,
so that it can be handled in a consistent manner throughout the Nation.
B. Back Pay Calculations. The proposed amendments to the Law clarify that back pay calculations shall
be made using the employee’s last wage in the position which they were involuntarily separated from.
[2 O.C. 206.5-1].
Effect. This provision of the Law clarifies what wage of an employee should be used when
calculating back pay.
C. Explanation of When an Employee is Not Eligible to Work. The Law provides that the Nation shall
not include time when an employee would not have been eligible to work in the calculation of any back
pay amount. [2 O.C. 206.5-2(d)]. The proposed amendments to the Law provides greater clarification
by providing a list of examples of when an employee is not eligible to work, which includes such
circumstances such as when an employee is on layoff or furlough status at the time of termination;
when a position is eliminated or inactive as part of the Nation’s response extreme financial distress;
when an employee would have been on medical leave at the time of the involuntary separation; and
when an employee would otherwise not be eligible to work in the position from which they were
separated from in accordance with the position description based on applicable grant requirements
when a position is grant funded, applicable laws of the Nation, including, but not limited to, the Vehicle
Driver Certification and Fleet Management law, and a criminal conviction. [2 O.C. 206.5-2(d)(1)-(4)].
Effect. This provision of the Law clarifies when it should be considered that an employee is not
eligible to work, and therefore is not eligible for back pay.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the Back Pay law:
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
Section V.D of the Oneida Personnel Policies and Procedures specifically addresses
complaints, disciplinary actions and grievances. Section V.D.6 provides that any employee
who receives a disciplinary action which he/she believes is unfair may grieve the action.
Section V.D.6.f.5 then provides that the Oneida Personnel Commission may: uphold the
disciplinary action; or overturn the disciplinary action and either reinstate the employee with
full back pay for any lost time or reinstate the employee without back pay.
The Back Pay law will now address the reinstatement of an employee who has an involuntary
separation overturned in section 206.4, as well as provide greater clarification on how back pay
is calculated in section 206.5.
Drug and Alcohol Free Workplace Law. 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. [2 O.C. 202.1-1].
The Drug and Alcohol Free Workplace law provides that it is the employee’s responsibility to
cooperate with the requests made by Employee Health Nursing and the Medical Review
Officer. [2 O.C. 202.5-2(e)]. An employee who fails to cooperate and does not contact the
Medical Review Officer within twenty-four (24) hours of receiving contact shall not receive
back pay for any time between the date the Medical Review Officer placed the call until the
time the employee does return the call of the Medical Review Officer. Id.
The Drug and Alcohol Free Workplace law provides that 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 Employee Health Nursing of negative results on both the drug
and alcohol tests, or Medical Review Officer verified negative test results. [2 O.C. 202.10-2].
If the employee is reinstated after confirmation of drug and alcohol testing results, back pay
shall be provided in accordance with the Back Pay law. [2 O.C. 202.10-3].
Furlough Law. The purpose of the Furlough law is to enable the Nation to implement a furlough
program in response to an interruption of governmental revenues or operations, insufficient treasury
funds or other emergencies/ unplanned events as determined by the Oneida Business Committee in
accordance with this law; establish a consistent and equitable process for implementation of a
furlough program; and incorporate Indian preference into the furlough program and require that it
be applied in accordance with this law. [2 O.C. 205.1-1].
The Furlough law provides that except when an employee successfully appeals being placed
on furlough status in violation of this law, employees placed in furlough status shall not be
eligible for back pay upon their return to work. [2 O.C. 205.8-6].
Investigative Leave Policy. The purpose of the Investigative Leave Policy is to address
investigative leave for employees undergoing work-related investigations. [2 O.C. 208.1-1].
Page 5 of 6
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The Investigative Leave Policy provides that an employee placed on investigative leave shall
not receive any wages or benefits unless placed in an alternative work assignment, and that if
the employee refuses the alternative work assignment and is returned to work, the employee
shall not receive any back pay or benefits. [2 O.C. 208.10-2].
The Investigative Leave Policy provides that an employee shall receive back pay and benefits
for the time the employee was on investigative leave pursuant to the Back Pay law if all of the
following occur: the employee was not offered an alternative work assignment when placed on
investigative leave; the employee is returned to his or her position; and the employee is not
disciplined based on the investigation. [2 O.C. 208.10-4].
191
SECTION 7. OTHER CONSIDERATIONS
192
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
193
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC194
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
195
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
196
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
197
completing the fiscal impact statement.
198
Conclusion. On June 19, 2024, the Legislative Operating Committee will be directing that a fiscal
199
impact statement be completed by Finance by July 3, 2024.
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Page 6 of 6
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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
Legislative Operating Committee
Ralinda Ninham-Lamberies, ChiefFinancial Officer
Jameson Wilson, Legislative Operating Committee Chairman
June 19, 2024
Back Pay Law Amendments Fiscal Impact Statement
I rk
J~-
The Legislative Operating Committee (LOC) is cun-ently developing amendments to the Back Pay
law. The Legislative Procedures Act requires that a fiscal impact statement be provided for all
proposed legislation of the Nation. [1 O.C. 109.6-1}. The fiscal impact statement is an estimate of
the total fiscal year financial effects associated with the proposed legislation, and should include:
■
startup costs;
• personnel;
■
office costs;
■
documentation costs; and
■
an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 0. C. 109.3-1 (c)}.
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 0. C. 109. 62}. The fiscal impact statement provides the Oneida Business Committee info1mation on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or
any agency who may administer a program if the legislation is enacted or may have financial
information concerning the subject matter of the legislation to submit a fiscal impact statement. [1
o.c. 109.6-1}.
Oneida Business Committee resolution BC-10-28-20-A titled, "Further Interpretation of 'Fiscal
Impact Statement' in the Legislative Procedures Act" provides further clarification on the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On June 19, 2024, the Legislative Operating Committee approved the final draft of the proposed
amendments to the Back Pay law. Therefore, the LOC is directing the Finance Depa1iment to
provide a fiscal impact statement on the proposed amendments to the Back Pay law by July 3,
2024.
A copy of the proposed amendments to the Back Pay law, as well as the legislative analysis, have
been attached to this memorandum for your convenience.
Page 1 of 2
A good mind. A good heart. A strong fire.
29 of 38
Requested Action
Provide the LOC a fiscal impact statement of the proposed amendments to the Back Pay law by
July 3, 2024.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
30 of 38
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
June 19, 2024
Computer Resources
Ordinance Amendments
Submission Date: 5/15/24
LOC Sponsor: Jameson Wilson
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on May 15, 2024, at the request of Shane Hill
on behalf of DTS. DTS wants to amend the Computer Resources Ordinance to delegate DTS administrative
rulemaking authority so DTS can develop rules that support and enforce the Computer Resource
Ordinance.
5/15/24 LOC: Motion by Jonas Hill to add the Computer Resource Ordinances amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion
carried unanimously.
5/31/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Jason Doxtator, Shane Hill, Jesse Kujawa, Maureen Perkins. The purpose of this work meeting
was to review the Computer Resources Ordinance and discuss potential amendments to be
made.
6/5/24 LOC:
Motion by Jonas Hill to approve the draft of the proposed amendments to the Computer
Resources Ordinance and direct that a legislative analysis be completed; seconded by Kirby
Metoxen. Motion carried unanimously.
Next Steps:
Approve the legislative analysis of the proposed amendments to the Computer Resources
Ordinance.
Page 1 of 1
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Analysis to Draft 1
2024 06 19
COMPUTER RESOURCES ORDINANCE
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
1
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3
4
5
6
7
8
9
10
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Analysis by the Legislative Reference Office
Revise the title and references throughout the Law from “computer
resources” to “technology resources.”
Clarify that users are expected to conduct themselves professionally and
to refrain from using technology resources of the Nation for activities that
are inappropriate no matter in what location the user utilizes the
technology resources of the Nation. [2 O.C. 215.5-1].
Clarify that it shall not be deemed an inappropriate use for a user to
share information or evidence regarding the inappropriate use of another
user if reporting the inappropriate use in accordance with the proper
reporting structure. [2 O.C. 215.5-2].
Clarify that any standard operating procedure defining excessive use of
technology resources for any user that is an employee of the Nation is
required to be developed in accordance with all other laws and rules of
the Nation. [2 O.C. 215.7-1(a)].
Include a new provision in which DTS is delegated rulemaking authority
in accordance with the Administrative Rulemaking law to promulgate
rules to govern technology resources of the Nation. [2 O.C. 215.9-1].
The purpose of this law is to regulate the usage of technology resources and
processed data owned and operated by the Nation. [2 O.C. 215.1-1].
DTS, employees, independent contractor personnel, interns, members of
boards, committees or commissions, volunteers, guests, and visitors
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Computer Resources Ordinance was originally adopted by the Oneida Business
Committee in 2004 through resolution BC-09-29-04-B. The purpose of the Computer Resources
Ordinance is to regulate the usage of technology resources and processed data owned and operated by
the Nation. [2 O.C. 215.1-1].It is the policy of the Nation to provide its community and employees
access to the tools necessary to participate in a technological society. [2 O.C. 210.1-2].
B. Request for Amendments. On the April 30, 2024, the Legislative Operating Committee received a
request from Shane Hill, Manager of Digital Security with the Digital Technology Services (DTS), to
consider amendments to this law to include a delegation of rulemaking authority to DTS so DTS has
the ability to promulgate rules to support and enforce the Computer Resources Ordinance. The
Legislative Operating Committee added the Computer Resources Ordinance amendments to its Active
Files List on May 15, 2024.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Computer Resources Ordinance and this legislative analysis:
DTS.
B. The following laws were reviewed in the drafting of this analysis:
Administrative Rulemaking law; and
Oneida Personnel Policies and Procedures.
SECTION 4. PROCESS
A. The development of the proposed amendments to the Computer Resources Ordinance complies with
the process set forth in the Legislative Procedures Act (LPA).
On May 15, 2024, the Legislative Operating Committee added the Computer Resources Ordinance
to its Active Files List.
On June 5, 2024, the Legislative Operating Committee approved the draft of the proposed
amendments to the Computer Resources Ordinance and directed that a legislative analysis be
developed.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Computer Resources Ordinance:
May 31, 2024: LOC work session with DTS.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Computer to Technology Resources. The proposed amendments to the Law change the title and
references throughout the Law from “computer resources” to “technology resources.” Technology
resources is defined as any tools, systems, and applications that use technology to fulfill their purposes.
[2 O.C. 215.3-1(e)]. The Law provides that technology resources may include, but are not limited to,
computers, tablets, telephones, facsimile machines, photocopiers, networks, virtual applications, and
software, such as internet connectivity and access to internet services and electronic mail. Id.
Effect. The revised title sand references throughout the Law are more inclusive of the fact that the
Nation uses many different forms of technology beyond just computers, and the amendments
demonstrate that the Law should apply to all technology used within the Nation, not just computers.
B. Location of Inappropriate Personal Use. Currently, the Law provides that users are expected to
conduct themselves professionally and to refrain from using technology resources of the Nation for
activities that are inappropriate. [2 O.C. 215.5-1]. The proposed amendments to the Law add in
clarification that users are expected to conduct themselves professionally and to refrain from using
technology resources of the Nation for activities that are inappropriate no matter in what location the
user utilizes the technology resources of the Nation. Id.
Effect. The proposed amendments to the Law recognize that the same expectations apply even
though some users of the Nation may be using technology resources of the Nation from a variety
of locations, especially with the ability for some employees of the Nation to telecommute.
C. Reporting Inappropriate Use. The proposed amendments to the Law add in a new section that clarifies
that it shall not be deemed an inappropriate use for a user to share information or evidence regarding
Page 2 of 4
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the inappropriate use of another user if reporting the inappropriate use in accordance with the proper
reporting structure. [2 O.C. 215.5-2].
Effect. The Legislative Operating Committee intended that this new provision to the Law make it
very clear that a user who may forward on or share information or evidence regarding the
inappropriate use of another use will not be found to be engaging in an inappropriate use if using
the information or evidence to report the inappropriate use of another use in accordance with the
proper reporting structure.
D. Development of Standard Operating Procedures. Currently the Law provides that supervisors are
authorized to develop standard operating procedures defining excessive use for users subject to the
Nation’s personnel policies and procedures and who are under the supervisor’s authority. [2 O.C. 215.71(a)]. The proposed amendments to the Law add further clarification into the Law by providing that
supervisors are authorized to develop standard operating procedures defining excessive use of
technology resources for any user that is an employee of the Nation and subject to the supervisor’s
authority, in addition to the fact that any standard operating procedure is required to be developed in
accordance with all other laws and rules of the Nation. Id.
Effect. The proposed amendment to the Law clarifies that any standard operating procedure
developed by a supervisor needs to be developed in accordance with all other laws and rules of the
Nation. It is important that there is consistency throughout the laws, rules, and standard operating
procedures of the Nation and that no conflicts exist between the various levels of regulations.
E. Delegation of Administrative Rulemaking Authority. The proposed amendments to the Law add in a
new provision in which DTS is delegated rulemaking authority in accordance with the Administrative
Rulemaking law to promulgate rules to govern technology resources of the Nation. [2 O.C. 215.9-1].
Effect. The Administrative Rulemaking law provides that only authorized agencies may
promulgate rules once they are granted rulemaking authority by a law of the Nation. [1 O.C. 106.41]. This new provision of the Law delegates DTS rulemaking authority in accordance with the
Administrative Rulemaking law. This delegation of rulemaking authority will allow DTS to
develop rules to best govern the technology resources of the Nation.
SECTION 6. EXISTING LEGISLATION
A. References to the Other Laws of the Nation. The following laws of the Nation are referenced in the
Computer Resources Ordinance.
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
This Law provides that employee violations of this law are subject to discipline in
accordance with the Nation’s laws governing employment. [2 O.C. 215.10-3].
Any disciplinary action against an employee for a violation of the Computer Resources
Ordinance is required to be conducted in accordance with the Oneida Personnel Policies
and Procedures.
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
Page 3 of 4
34 of 38
Analysis to Draft 1
2024 06 19
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115
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122
This Law delegates rulemaking authority to DTS to promulgate rules to govern technology
resources of the Nation. [2 O.C. 215.9-1].
Any rules promulgated by DTS are required to be developed in accordance with the process
and procedures of the Administrative Rulemaking law.
B. Other Laws that Reference the Computer Resources Ordinance. The following laws of the Nation
reference the Computer Resources Ordinance. The proposed amendments to the Law do not conflict
with any of the referenced laws.
Social Media Policy. The Social Media Policy regulates social media accounts, including a social
networking web page, blog or microblog, that is administered on behalf of the Tribe or a Tribal
entity. [2 O.C. 218.1-1].
The Social Media Policy is not intended to provide a right for employees to use the internet
or social media while at work for personal use. [2 O.C. 218.1-3]. Supervisors retain
discretion to permit or prohibit the personal use of computers in accordance with the
Computer Resources Ordinance. Id.
Boards, Committees, and Commissions Law. The Boards, Committees, and Commissions law
governs boards, committees, and commissions of the Nation, including the procedures regarding
the appointment and election of persons to boards, committees and commissions, creation of
bylaws, maintenance of official records, compensation, and other items related to boards,
committees and commissions [1 O.C. 105.1-1].
The Boards, Committees, and Commissions law provides that a member of an entity shall
sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the
Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(d)].
123
SECTION 7. OTHER CONSIDERATIONS
124
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
125
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC126
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
127
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
128
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
129
completing the fiscal impact statement.
130
Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
131
statement be completed.
132
Page 4 of 4
35 of 38
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
"
GDDDDO
ONEIDA
AGENDA REQUEST FORM
6/06/24
1) Request Date: _____________________________________________________
RaLinda Ninham-Lamberies
2) Contact Person(s): ______________________________________
Finance
Dept:____________________________
4242
rlamberi@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Oneida Vendor Licensing Law
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
Vendor Licensing Law needs to be reviewed and updated. Sections
_______________________________________________________________________________
506.1-1, 506.6 in entirety and 506.8
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
[i] Yes
□ No
If yes, please indicate why:
Impacts all business conducted
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
36 of 38
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
"
GDDDDO
ONEIDA
AGENDA REQUEST FORM
06/13/2024
1) Request Date: _____________________________________________________
RaLinda Ninham-Lamberies
2) Contact Person(s): ______________________________________
Finance
Dept:____________________________
4242
rlamberi@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Chapter 503 Independent Contractor
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
Chapters 503.5-1 and 503.5-2 needs to be updated to ensure the
_______________________________________________________________________________
Nation is adequately reporting the relationships to the IRS appropriately
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
Purchasing and all entities in the Nation
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
□ No
If yes, please indicate why:
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Digitally signed by RaLinda Ninham-Lamberies
Date: 2024.06.13 10:27:30 -05'00'
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
37 of 38
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
"
GDDDDO
ONEIDA
AGENDA REQUEST FORM
06/13/2024
1) Request Date: _____________________________________________________
RaLinda Ninham-Lamberies
2) Contact Person(s): ______________________________________
Finance
Dept:____________________________
4242
rlamberi@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Repeal Travel and Expense Policy
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
The provisions of this law should be under the Procurement Rule
_______________________________________________________________________________
Handbook.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
Purchasing All Tribal Nations
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
□ No
If yes, please indicate why:
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Digitally signed by RaLinda Ninham-Lamberies
Date: 2024.06.13 14:19:22 -05'00'
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
38 of 38
June 2024
June 2024
July 2024
SuMo TuWe Th Fr Sa
SuMo TuWe Th Fr Sa
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
Jun 3
4
5
6
7
10:30am Tax Law
(BC_Exec_Conf_Room)
- Grace L. Elliott
5:30pm LOC Community
Meeting (Norbert Hill
Center Cafeteria) - LOC
8:30am LOC Prep
Meeting (Microsoft
Teams Meeting;
BC_Conf_Room) Clorissa N. Leeman
9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
BC_Conf_Room) - LOC
10
11
12
13
14
2:00pm LOC Community
Meeting Prep: Eviction
and Termination Law
Amendments
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman
2:30pm Real Property Law
Review (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Grace L. Elliott
17
18
19
20
21
27
28
11:00am Environmental
Review Law - work
meeting (Microsoft
Teams Meeting) Carolyn A. Salutz
24
LOC
9:00am LLC Draft Review
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Grace L. Elliott
10:30am Oneida Law
Enforcement
Ordinance
Amendments Work
Meeting (Microsoft
Teams Meeting;
8:30am LOC Prep
Meeting (Microsoft
Teams Meeting;
9:00am Legislative
Operating Committee
10:30am Oneida
Personnel Policies and
1:30pm LOC Community
Meeting Prep: Eviction
5:30pm LOC Community
Meeting: Eviction and
25
26
1
6/13/2024 10:20 AM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.