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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mooao

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

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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

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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.

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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

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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.

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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

11

12

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.

80

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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.

89

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

91

92

93

94

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.

Page 4 of 6

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Analysis to Draft 3

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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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Analysis to Draft 3

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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.

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 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

2

3

4

5

6

7

8

9

10

11

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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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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 Boš ͛͞͝ 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 Boš ͛͞͝ 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 Boš ͛͞͝ 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.

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