# Oneida Business Committee (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Adf54874d9e799f04

## Record

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

## Text

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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
December 1, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public in accordance with Oneida
Business Committee resolution BC-08-03-21-A, Setting Public Gathering Guidelines During Public
Health State of Emergency - COVID-19.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. November 17, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Furlough Law Amendments (pg. 4)
2. Oneida General Welfare Law (pg. 52)

IV.

New Submissions
1. Oneida Nation Arts Board Bylaws Amendments (pg. 78)

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

r'\

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
November 17, 2021
9:00 a.m.
Present: David P. Jordan, Daniel Guzman King, Kirby Metoxen, Marie Summers (Microsoft
Teams)
Excused: Jennifer Webster
Others Present: Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Brooke Doxtator,
Lawrence Barton, Kristal Hill (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Justin
Nishimoto (Microsoft Teams), Derrick King (Microsoft Teams)
I.

Call to Order and Approval of the Agenda
David P. Jordan called the November 17, 2021, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion
carried unanimously.

II.

Minutes to be Approved
1. November 3, 2021 LOC Meeting Minutes
Motion by Marie Summers to approve the November 3, 2021 LOC meeting minutes and
forward to the Business Committee for consideration; seconded by Kirby Metoxen. Motion
carried unanimously.

III.

Current Business
1. Oneida Personnel Policies and Procedures Emergency Amendments
Motion by Kirby Metoxen to approve Oneida Personnel Policies and Procedures
emergency amendments adoption packet and forward to the Oneida Business Committee
for consideration; seconded by Daniel Guzman King. Motion carried unanimously.
2. Furlough Law Amendments
Motion by Marie Summers to accept the public comment period review memorandum;
seconded by Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions
1. Tribal Sovereignty in Data Research
Motion by Marie Summers to add the Tribal Sovereignty in Data Research law to the
Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King.
Motion carried unanimously.

V.

Additions

VI.

Administrative Items

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

Legislative Operating Committee Meeting Minutes of November 17, 2021
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1. Legislative Operating Committee Fiscal Year 2021 Fourth Quarter Report
Motion by Kirby Metoxen to approve the LOC FY21 Fourth Quarter Report and forward
to the Oneida Business Committee for consideration; seconded by Daniel Guzman King.
Motion carried unanimously.
VII.

Executive Session

VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:23 a.m.; seconded by Marie Summers.
Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of November 17, 2021
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r'\.

Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee
December 1, 2021

Amendments to the Furlough Law
Submission Date: 10/7/2020

Public Meeting: Due to the COVID-19 pandemic, public
meetings were suspended by declaration of the Nation’s COVID19 Core Decision Making Team. A public comment period was
still offered in accordance with the Legislative Procedures Act
and held open until 11/11/21.

Emergency Enacted: n/a
Expires: n/a

LOC Sponsor: Marie Summers

Summary: This item was added to the Active Files List on October 7, 2020 per the request of
the Legislative Operating Committee to develop amendments to the Nation’s Furlough law to
incorporate Indian preference into the selection/recall process and to provide clarity regarding
certain other furlough procedures that were flagged during the COVID-19 pandemic.
10/7/20 LOC: Motion by Jennifer Webster to add the Furlough Law Amendments to the Active Files List
with Marie Summers as the sponsor; seconded by Daniel Guzman King. Motion carried
unanimously.
10/22/20:

Work Meeting. Present: Marie Summers and Kristen Hooker. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to discuss the basis for the
Councilwoman’s request to have amendments to the Furlough law added to the Active Files
List. The next step is for the drafting attorney to schedule a meeting with the workgroup that
was created during this meeting to discuss the Councilwoman’s concerns, as well as any other
concerns/suggestions that the workgroup may have.

11/13/20:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Kristen
Hooker. This was a work meeting held through Microsoft Teams. The purpose of this work
meeting was to have a general discussion on needed amendments/updates to the Furlough law.
The drafting attorney went through the law line-by-line with the workgroup to flag where they
believed changes were needed. The next step is for the drafting attorney to update the draft
based on the discussion and schedule a follow-up work meeting with the workgroup for review
and further discussion/revision.

1/26/21:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Matt Denny,
Wendy Alvarez, Kristen Hooker. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to go through the updated draft of the Furlough law
amendments to discuss any areas of concern or in need of further revision before bringing to
the Legislative Operating Committee for review/consideration.

2/3/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Rhiannon Metoxen, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work

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

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meeting held through Microsoft Teams. The purpose of the work meeting was to update the
LOC on discussions had thus far with the workgroup regarding possible amendments to the
Furlough law. The drafting attorney went through the draft line-by-line with the LOC to highlight where the workgroup was proposing amendments and to have the LOC flag additional
changes it deems necessary. The next steps are for the drafting attorney to: (1) create a bulletpoint of the initial policy decisions the LOC must make before detailed amendments can be
developed in alignment therewith; and (2) schedule a follow-up meeting with the workgroup
and LOC to afford the LOC an opportunity to hear from the workgroup before making said
policy decisions.
2/17/21:

Work Meeting. Present: David Jordan, Jennifer Webster, Kirby Metoxen, Marie Summers,
Rhiannon Metoxen, Kristal Hill, Kristen Hooker, Matthew Denny, Lucy Neville, Wendy
Alvarez, Geraldine Danforth, Eric McLester (left early). This was a work meeting held
through Microsoft Teams. The purpose of the work meeting was to give LOC an opportunity
to hear from the workgroup regarding amendments to the Furlough law. The goal of the
meeting was to provide the LOC enough information to make certain policy decisions that are
necessary to develop amendments to the law in alignment therewith. The next step is for the
drafting attorney to compile the information/suggestions provided during the meeting and to
present the compilation to the LOC at a future work meeting for further directive.

2/25/21:

Work Meeting. Present: Marie Summers, Kirby Metoxen, Daniel Guzman-King, Jennifer
Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work meeting held
through Microsoft Teams. This work meeting was held in follow-up to the February 17, 2021
work meeting the LOC had with the Workgroup regarding possible amendments to the
Furlough law. The purpose of this work meeting was to get directive from the LOC regarding
the policy questions that were discussed on February 17th. The next step is for the drafting
attorney to update the draft amendments to be consistent with the LOC’s directive and to bring
the updated draft back to a future LOC meeting for review and further revision.

4/9/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman-King, Rhiannon Metoxen, Kristal Hill, Kristen Hooker. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to start going
through the updated draft amendments to the Furlough law with the LOC.

4/13/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster,
Daniel Guzman-King, Rhiannon Metoxen, Kristen Hooker. This was a work meeting held
through Microsoft Teams. The purpose of this meeting was to finish going through the initial
draft amendments to the Furlough law before updating the draft for the LOC’s final review
and consideration. The next step will be for the LRO attorney to update the draft based on the
LOC’s decisions/suggestions and to schedule a final meeting with the LOC to review the
updated draft before sending it to a workgroup meeting for review and comment.

6/10/21:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Rhiannon Metoxen, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to go through
the updated draft amendments with the LOC before sending it to the workgroup for review
and comment. The next step is for the LRO attorney to update the draft based on the comments
and suggestions from the LOC and to then schedule a meeting with the workgroup to provide
an opportunity for them to comment and make suggestions for the LOC to consider before
approving the draft for the public comment portion of the legislative process.

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

Page 2 of 4

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ONEIDA

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7/8/21:

Work Meeting. Present: Barbara Kolitsch, Geraldine Danforth, Wendy Alvarez, Matthew
Denny, James Petitjean (left early), Lucy Neville, Jessica Vandekamp, Kristen Hooker. This
was a work meeting held through Microsoft Teams. The purpose of the meeting was to review
the draft Furlough law amendments with the workgroup to see whether the members had any
questions, concerns or suggested changes they wanted the LOC to consider. The next step is
for the LRO attorney to update the draft with the workgroup’s suggestions and bring it back
to a LOC work meeting for consideration and possible approval to move forward with the
public comment portion of the legislative process.

7/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Jennifer Webster, Justin Nishimoto,
Kristen Hooker. This was a work meeting held through Microsoft Teams. The purpose of the
work meeting was to go through the final draft of the Furlough law amendments and have the
LOC consider the comments/suggestions from the workgroup meeting of July 8, 2021. The
next steps are for the drafting attorney to: (1) update the draft based on the LOC’s decisions
during the meeting; (2) draft a legislative analysis on the amendments to the Furlough law;
(3) draft the materials for the public meeting notice packet for the LOC to review during its
next work meeting; and (4) add the public notice packet for the Furlough law amendments to
the next LOC agenda for consideration and possible approval.

8/4/21 LOC:

Motion by Marie Summers to approve the Furlough law amendments draft and direct that a
legislative analysis be prepared for consideration at the next LOC meeting; seconded by Kirby
Metoxen. Motion carried unanimously.

8/18/21 LOC: Motion by Kirby Metoxen to approve the draft amendments to the Furlough law and
legislative analysis and defer to a work meeting; Seconded by Daniel Guzman-King. Motion
carried unanimously.
8/18/21:

Work Meeting. Present: David Jordan, Marie Summers, Kirby Metoxen, Daniel GuzmanKing, Kristen Hooker, Clorissa Santiago, Kristal Hill, Rhiannon Metoxen. This was a work
meeting held through Microsoft Teams. The purpose of the work meeting was to go through
the legislative analysis with the LOC and to have the LOC make policy decisions regarding
the items listed under the “Other Considerations” section of the analysis. This next step is to
have the Legislative Reference Office attorney put together numerous diagrams to assist the
LOC with making said policy decisions during a follow-up work meeting.

8/26/21:

Work Meeting. Present: David Jordan, Marie Summers, Jennifer Webster, Daniel GuzmanKing, Kristen Hooker, Clorissa Santiago, Kristen Hooker, Carmen VanLanen, Kristal Hill.
This was a work meeting held through Microsoft Teams. The purpose of the work meeting
was to finish going through the legislative analysis with the LOC and to have them make
certain policy decisions regarding portions of the section governing placement of employees
in furlough status that were flagged in the “Consideration” section of the analysis. The next
steps are for the drafting attorney to update the legislative analysis, along with the draft, to
coincide with the LOC’s decisions at the meeting and to prepare the public notice materials
for approval of the LOC at an upcoming LOC meeting.

9/23/21:

Work Meeting. Present: David Jordan, Daniel Guzman-King, Jennifer Webster, Kirby
Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon
Metoxen. This was a work meeting held through Microsoft Teams. The purpose of the work
meeting was to go through the changes that were made to the draft amendments following the
LOC work session of August 26, 2021. The next step is for the drafting attorney to prepare
the public meeting notice packet on the amendments to the Furlough law for inclusion on the
next LOC meeting agenda.
A good mind. A good heart. A strong fire.

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10/6/21 LOC: Motion by Marie Summers to approve the Furlough law amendments public comment period
notice and forward the Furlough law amendments to a public comment period to be held open
until November 11, 2021; Seconded by Jennifer Webster. Motion carried unanimously.
11/11/21:

Public Comment Period Closes. The public comment period for the permanent adoption of
the amendments to the Furlough law closed on November 11, 2021. No written submissions
of comments were received during this public comment period.

11/17/21 LOC: Motion by Marie Summers to accept the public comment period review memorandum;
Seconded by Kirby Metoxen. Motion carried unanimously.

Next Steps:
▪ Approve the updated draft, legislative analysis, and 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 December 15, 2021.

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

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Title 2. Employment – Chapter 205
[Oneida Language]
[Translation]
FURLOUGH POLICY
205.1. Purpose and Policy
205.2. Adoption, Amendment, Repeal
205.3. Definitions
205.4 Furlough. Application
205.5 Furlough Plans
205.6 Supervisor Responsibilities
205.7. Appeal

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205.5. Furlough Implementation Plan
205.6. Furlough Implementation
205.7. Placing Employees in Furlough Status
205.8. Furloughed Employees
205.9. Recall of Furloughed Employees
205.10. Direct Report Level and Supervisor Responsibilities
205.11. Appeal

205.1. Purpose and Policy
205.1-1. Purpose. The purpose of this Policylaw is to enable:
(a) Enable the TribeNation to implement a furlough as a toolprogram in response to
remedy an operating budget deficit.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;
205.1-2. Policy. This Policy shall apply to all employees of the Tribe. To utilize a furlough, a
decrease or lapse of revenue or funding and/or any other budget situation warranting an unpaid
leave shall be identified.
(b) Establish a consistent and equitable process for implementation of a furlough program;
and
(c) Incorporate Indian preference into the furlough program and require that it be applied
in accordance with this law.
205.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures to
address events and/or incidents that impact employees of the Nation. It is further the policy of the
Nation to incorporate and adhere to Indian preference in all aspects of employment within the
Oneida Nation.
205.2. Adoption, Amendment, Repeal
205.2-1. This Policylaw was adopted by the Oneida Business Committee by resolution BC-1110-15-B. and amended by resolution BC-__-__-__-_.
205.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee and/or
the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
205.2-3. Should a provision of this Policylaw or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this policylaw
which are considered to have legal force without the invalid portions.
205.2-4. In the event of a conflict between a provision of this Policylaw and a provision of
another policylaw, the provisions of this Policylaw shall control.
205.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
205.3. Definitions
205.3-1. This section shall govern the definitions of words or phrases as used within this

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2 O.C. 205 – Page 1

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2021 12 01
Policylaw. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Direct report levelActs of God” means an event or effect that can be neither anticipated
nor controlled, including both acts of nature, such as floods and hurricanes, and acts of
people, such as riots, strikes, and wars.
(b) “Additional duties” means responsibilities of another position” means within the
Nation that is not within an employee’s current scope of work.
(c) “Authorized designee” means an employee identified by a Direct Report Level position
to develop or assist in developing a furlough implementation plan when the individual
employed in the Direct Report Level position is unavailable or requests such assistance
from that employee.
(d) “Critical position” means a position of employment within the Nation that is crucial to
governmental functions, including, but not limited to, health, safety, regulatory compliance
and/or revenue generation.
(e) “Direct Report Level position” means a position of employment within the Nation that
is the highest level in the chain of command under the Oneida Business Committee and
who is responsible for a Tribal Departmentdepartment and/or Divisiondivision
of the
Nation.
(bf) “Employee” means any individual who is employed by the Tribe and is subject to the
direction and control of the Tribe 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 the Nation, including, but not limited to, employees of any
program or enterprise of the Tribe andNation, political appointees, but does not include
elected or appointed officialstemporary employees, and employees on probationary status.
(cg) “Furlough” means a temporary, unpaid leave fromtime off of work for a specified
period of time.
(d) “(h) “Indian” means any person, other than an Oneida citizen, who is a citizen of a
federally recognized Indian tribe, other than the Oneida Nation.
(i) “Indian preference” means a preference granted to retain an Oneida member employee
over other non-member employees. for Indian people, regardless of tribal affiliation, in all
aspects of employment, with Oneida citizens being afforded the highest levels of
preference for purposes of this law.
(e) j) “Nation” means the Oneida Nation.
(k) “Oneida citizen” means those persons who are enrolled members of the Nation, eligible
for enrollment in the Nation or documented first generation Oneida descendants.
(l) “Supervisor” means a personan employee of the Nation who directly oversees the work
and performance of an employee on a daily basis.
(f) “Tribe” or “Tribalm)
“Temporary employee” means an employee hired by the
Nation for a short-term assignment and consists of the following classifications:
(1) Emergency/Temporary;
(2) Limited Term;
(3) Seasonal;
(4) Substitute/Relief;
(5) Youth Worker; and
2 O.C. 205 – Page 2

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(6) Student/Intern.
205.4. Application
205.4-1. Unless otherwise stated herein, this law shall apply to all employees of the Nation and
all employment decisions of the Nation that are governed, whether in whole or in part, by this law.
205.4-2. Indian Preference. It is the intent of this law, and the policy of the Nation, that no
employee who is Indian shall be furloughed so long as an employee, within the same department/
division and position, who is non-Indian is still employed.
(a) Title VII of the Civil Rights Act of 1964 allows private and government employers on
or near a Federal Trust Indian Reservation to exercise Indian preference in employment.
(b) The Indian Self Determination and Education Act affirms that any tribal employment
or contract preference laws adopted by such tribe shall govern.
(c) In accordance with this section and subject to any express exceptions set forth herein,
a furlough program shall be administered in a manner that affords preferential treatment to
Oneida Tribe ofcitizens and Indians of Wisconsin.in the following order, starting with
those employees to be given the highest level of preference when applying the provisions
of this law:
(1) Enrolled members of the Oneida Nation;
(2) Oneida citizens eligible for enrollment in the Oneida Nation;
(3) Documented first generation Oneida descendants;
(4) Indians; and
(5) Non-Indians.
205.4-3.
205.4
Equal Opportunity Employer. Notwithstanding section 205.4-2, the Nation is an Equal
Opportunity Employer that prohibits the application of this law and/or the implementation of a
furlough program in a manner that discriminates based on race, color, religion, sex, pregnancy,
age, national origin, citizenship status, veteran status, physical or mental disability, genetic
information and/or any other basis protected by the anti-discrimination provisions of Title VII of
the Civil Rights Act of 1964.
205.4-4. Training on Indian Preference. The Human Resources Department shall be responsible
for introducing new employees of the Nation to the concept of Indian preference, as well as how
it applies to the furlough programs set forth herein, during employee orientation. Such introduction
shall include, at a minimum, coverage of the following topics:
(a) The history behind Indian preference, including the role that the Bureau of Indian
Affairs (“BIA”) had in its development;
(b) The Indian Self-Determination and Education Assistance Act of 1975, as well as the
exception to Title VII of the Civil Rights Act of 1964; and
(c) Examples of how Indian preference would apply in the event of a furlough program
when deciding which employees of the Nation would be placed in furlough status, as well
as the order in which they would be recalled, using methods to include, but not be limited
to, hypotheticals and charting.
205.4-5. Prohibitions. Any furlough program of the Nation that is initiated in accordance with
this law shall not:
(a) Be used as a means to resolve performance-related problems, grievance issues or to
2 O.C. 205 – Page 3

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take the place of disciplinary actions;
(b) Be administered or implemented in violation of this law or any other applicable laws/
policies of the Nation; and/or
(c) Be implemented in a manner that requires interdepartmental transfers when applying
Indian preference to the processes set forth herein.
205.5. Furlough Implementation Plan
205.4-1. 205.5-1.
Implementation Plan. Within a reasonable time after this law goes into
effect, all Direct Report Level positions, or their authorized designees, shall submit a furlough
implementation plan to the Human Resources Department for approval.
(a) The Human Resources Department shall create a standard template that Direct Report
Level positions and/or authorized designees must use when developing their furlough
implementation plan hereunder.
(1) The intent of the standard template shall be to elicit, in advance, information
that will allow the Nation to implement a furlough program in as efficient and
consistent a manner as possible under the circumstances, the information of which
shall include, but not be limited to:
(A) Which positions within their respective department or division may
qualify as a critical position;
(B) Which employees within their respective department or division may
qualify for Indian preference and the corresponding level of preference that
would apply under section 205.4-2 of this law;
(C) Which positions and/or employees within their respective department
or division may be exempt from the application of Indian preference and
the basis for said exemption;
(D) Whether any employees within their respective department or division
may be interested in volunteering to be placed in furlough status in the event
a furlough program is implemented; and
(E) Whether any positions within their respective department or division
are capable of being adjusted to promote Indian preference when deciding
which employees to place in furlough status.
(2) The Human Resources Department shall submit its standard template to the
Oneida Business Committee for approval by resolution prior to distributing it to the
Direct Report Level positions and/or authorized designees for development in
accordance herewith.
(b) The Human Resources Department shall create a Standard Operating Procedure which
sets forth how a furlough implementation plan shall be processed under this law once the
standard template is approved by the Oneida Business Committee, that shall, at a minimum,
address the following:
(1) Distribution of the standard template to the Direct Report Level positions and/or
their authorized designees;
(2) The process for Direct Report Level positions and/or authorized designees to
follow upon receiving the standard template, including, but not limited to:
(A) How a furlough implementation plan shall be created using the standard
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template;
(B) How a furlough implementation plan shall be submitted to the Human
Resources Department for approval; and
(C) The amount of time the Direct Report Level positions and/or their
authorized designees have to submit their furlough implementation plans to
the Human Resources Department upon receipt of the standard template.
(3) How the Human Resources Department will process furlough implementation
plans for approval upon submission by the Direct Report Level positions and/or
authorized designees; and
(4) How the Human Resources Department will notify the Direct Report Level
positions and/or authorized designees of its decision to approve or reject their
furlough implementation plan and, if rejected, the reason for the rejection and the
process for resubmitting the furlough implementation plan for reconsideration.
(c) Copies of approved furlough implementation plans shall be retained by the Human
Resources Department, as well as the Direct Report Level positions and/or authorized
designees, consistent with governing law.
205.5-2. Furlough Implementation Plan Updates. The furlough implementation plan, as well as
the standard template upon which it is developed, shall be updated as follows:
(a) Standard Template. Within two (2) years of its initial approval by resolution and then
every two (2) years thereafter, the Human Resources Department shall review its standard
template to assess whether it should be updated to better advance the underlying goals/
policies of this section, as well as the law in general.
(1) Updates to the standard template must be approved by the Oneida Business
Committee in accordance with section 205.5-1 of this law.
(b) Implementation Plan. Within two (2) years of initial approval by the Human Resources
Department and then every (2) years thereafter, the Direct Report Level positions and/or
authorized designees shall review their furlough implementation plan to assess whether it
needs to be updated to account for any relevant changes within their department/division,
including, but not limited to, changes in personnel, changes in positions and/or changes to
any of the job descriptions attached to a position.
(1) Updates to a furlough implementation plan must be processed and approved in
accordance with section 205.5-1 of this law, as well as the Standard Operating
Procedure created by the Human Resources Department in accordance therewith.
(c) Nothing in this section shall be interpreted to prohibit an earlier review of the standard
template or furlough implementation plan nor the number of times they are reviewed.
205.6. Furlough Implementation
205.6-1. Alternatives to Furlough. Prior to adopting a furlough resolution hereunder, the Oneida
Business Committee shall consider whether any reasonable alternative options to implementation
of a furlough program exist and, if so, exhaust the option or options in advance of implementation
so long as the burden of doing so on the Nation as a whole does not outweigh the benefit to the
employees who may be affected by the implementation of a furlough program.
205.6-2. Furlough Resolution. If the Oneida Business Committee has identified the
necessityneed for a furlough program, a directive by resolution shall be given to the appropriate
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Direct Report Level positions., authorized designees, and any other individual or entity deemed
necessary by the Oneida Business Committee.
(a) The resolution shall directinclude the following:
(1) The basis for implementing the furlough program;
(2) Whether it is being implemented as an administrative or emergency furlough
program;
(3) If feasible under the circumstances and to the extent of such feasibility so long
as not less than is required under this law for the particular furlough program being
implemented, the beginning and ending dates of the furlough. program;
(4) If feasible under the circumstances and to the extent of such feasibility, which
areas within the Nation will be subject to the furlough program and which positions,
if any, are considered critical positions exempt from being placed in furlough status;
and
(5) Whether an ad hoc committee will be established pursuant to this section to
assist in the implementation of the furlough program.
(b) Ad Hoc Committee. The Oneida Business Committee may, in its discretion, establish
an ad hoc committee to assist in the implementation of a furlough program by, among other
actions, helping to identify which areas of the Nation should be subject to the furlough
program and which positions, if any, should be deemed critical, when directed to by the
Oneida Business Committee.
(1) The ad hoc committee shall be made up of employees of the Nation, identified
by the Oneida Business Committee within the furlough resolution or through a
subsequent resolution or motion, who possess an expertise commensurate with the
type and severity of the event giving rise to the need for the implementation of a
furlough program.
(2) The ad hoc committee shall meet as necessary and at the request of the Oneida Business
Committee to205.4-2. Implementation of Furlough Plans. Upon the passage of a resolution
directing that a furlough be implemented, all Direct Report Level positions shall immediately carry
out the furlough plans for his or her respective departments or agencies. An employee shall be
furloughed on days that the employee is normally scheduled to work or on holidays recognized by
the Tribe, whether the employee is normally scheduled to work or not.
carry out its responsibilities per the directive of the Oneida Business Committee
and in a manner consistent with this law.
(3) The ad hoc committee shall not be subject to the Boards, Committees and
Commissions law and employees shall not be entitled to stipends or any additional
form of compensation for serving on an ad hoc committee established hereunder.
(4) The ad hoc committee shall dissolve upon conclusion of the furlough program
for which it was established or on an early date as determined by the Oneida
Business Committee, subject to the following:
(A) The ad hoc committee shall prepare, as well as present, a close-out
report, in accordance with the Oneida Business Committee’s directive; and
(B) The ad hoc committee shall forward all materials and records that were
used and/or created to carry out its responsibilities hereunder to the Human
Resources Department for storage/disposal in accordance with governing
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law.
205.6-3. Furlough Programs. A furlough program shall be characterized as either an emergency
or an administrative program in the furlough resolution and then carried out in accordance with
the portions of this section that apply to such characterization.
(a) In General. The following shall apply to all furlough programs implemented hereunder,
regardless of their characterization.
(1) 205.4-3.
Notice.
A supervisor shall give an

employee of the implementation of a furlough program shall be provided to
employees in writing and, along with information relevant to the furlough program
being implemented, include the following:
(A) Fair warning regarding the employee’s failure to respond to a notice of
recall as set forth in section 205.9-2 of this law; and
(B) A directive that it is the responsibility of the employee to ensure that
the Nation has his or her most current contact information.
(2) Written notice shall be sent to employees via the outlet(s) deemed most capable
of reaching them in as efficient a manner as possible under the circumstances.
(A) In the event that the Nation develops a formal process to provide mass
notifications to employees for events such as the implementation of a
furlough program, such process shall be deemed the most capable outlet
hereunder and used to provide written notice to employees for purposes
hereof.
(b) Emergency Furlough Program. An emergency furlough program may be initiated by
the Oneida Business Committee when in the best interest of the Nation due to Acts of God
that require immediate curtailment of activities within the organization.
(1) Notice. Employees shall be notified of the Oneida Business Committee’s
decision to implement an emergency furlough program as far in advance of the
program’s implementation date as is reasonably possible under the circumstances.
(A) If circumstances do not allow for the Oneida Business Committee to
set a specific date upon which the emergency furlough program will end
within the furlough resolution, notice of the anticipated end date shall be
provided as soon thereafter as is reasonably possible, consistent with section
205.6-3 of this law.
(2) Duration. No emergency furlough program implemented hereunder shall last
for longer than twenty-six (26) weeks from the date of implementation, unless
extended by the Oneida Business Committee through a subsequent resolution.
(c) Administrative Furlough Program. An administrative furlough program may be
initiated by the Oneida Business Committee in response to a foreseeable event that is likely
to result in a temporary reduction in revenue/funding or some other organizational issue
when the intent is to recall employees back to work once the event has subsided.
(1) Notice. Employees shall be notified of the Oneida Business Committee’s
decision to implement an administrative furlough program at least five (5) business
days prior to a furlough being implemented in advance of the program’s
implementation date.
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(2) Duration. The beginning and ending dates of the administrative furlough
program shall be specified within the furlough resolution.
(A) An administrative furlough program shall end on the date specified
within the furlough resolution, unless revised or extended by the Oneida
Business Committee through a subsequent resolution.
(B) Notice of a revised or extended end date for an administrative furlough
program shall be provided as soon as reasonably possible in advance of the
original end date, consistent with section 205.6-3 of this law.
(3) If the intent to bring employees back is not present or is improbable at the time
employee reductions are deemed necessary, employees shall be selected for layoff,
as opposed to placement in furlough status, consistent with the laws and policies of
the Nation governing employee layoffs.
205.7. Placing Employees in Furlough Status
205.7-1. This section shall govern the manner in which employees of the Nation are selected to
be placed in furlough status following the adoption of a resolution triggering the implementation
of a furlough program.
205.7-2. Critical Positions. Except as otherwise stated herein, employment positions identified
as critical pursuant to this section of the law shall be exempt from placement into furlough status
during the specific furlough program for which the position was deemed critical.
(a) Critical positions shall be identified by the Oneida Business Committee, or ad hoc
committee upon the Oneida Business Committee’s directive and subject to its approval,
within the furlough resolution referenced in section 205.6-2 of this law or as soon thereafter
as is reasonably possible under the circumstances in a subsequent resolution or motion.
(1) Amendments. The Oneida Business Committee, with assistance from the ad hoc
committee if so requested, may amend the list of identified critical positions as it
deems necessary under the circumstances.
(A) Direct Report Level positions or their authorized designees may submit
requests for amendments to the list of identified critical positions under their
direction to the Oneida Business Committee for consideration.
(b) Exception. The Oneida Business Committee may, when deemed necessary, direct that
reductions be made to positions initially identified as critical under this section, through
adoption of a subsequent resolution.
(1) Employees within the same critical position who become subject to a reduction
hereunder, shall be placed in furlough status pursuant to the order of preference and
priority established in section 205.7, and recalled back to work pursuant to the order
of preference and priority established in section 205.9, of this law.
205.7-3. Non-Critical Positions. Directives from the Oneida Business Committee regarding
employee furlough reductions, as set forth in the initial resolution or a subsequent resolution
related thereto, shall be carried out by the Direct Reports Level position/authorized designee of the
affected department/division in a manner that furthers the policy behind Indian preference to the
greatest extent possible without rendering the affected department/division inoperable or unable
to reasonably conduct business.
(a) Placing Employees in Furlough Status. Unless otherwise stated herein, the following
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order shall be adhered to when placing non-critical position employees within the same
department or division in furlough status.
(1) Temporary Employees. Temporary employees within a department or division
shall be the first category of employees to be placed in furlough status.
(2) Volunteer Employees. Following the placement of temporary employees in
furlough status, eligible employees who volunteer for said placement shall be the
next category of employees to be placed in furlough status, subject to the following:
(A) Employees who volunteer to be placed in furlough status must sign a
form, created by the Human Resources Department, confirming that:
(i) They volunteered to be placed in furlough status notwithstanding
any preference or eligibility for retention that they may have;
(ii) Their decision to volunteer was not coerced or based on any
promises of compensation or other consideration; and
(iii) They understand that they are not guaranteed a recall back to
work and, as a result, could be terminated from their employment
with the Nation.
(B) Once signed, the employee shall be provided with a copy for his or her
positionrecords and the Human Resources Department shall retain the
original copy in a manner consistent with the Nation’s Open Records and
Open Meetings law and/or any other applicable laws of the Nation.
205.4-4.
Continuous Service. A (C) Employees who volunteer to be
placed in furlough status shall retain the rights afforded under, as well as be
subject to, the recall process set forth in section 205.9 of this law.
(3) Indian Preference. Absent an express exception and after application of subsections (1) and (2), above, when the remaining number of employees in the same
position within a department or division exceeds the number of said employees to
be placed in furlough status, the order of placement shall occur in the following
order, beginning with the first category:
(A) Non-Indians;
(B) Indians;
(C) Documented first generation Oneida descendants;
(D) Oneida citizens eligible for enrollment in the Oneida Nation; and
(E) Enrolled members of the Oneida Nation.
(i) Exceptions for Grant Positions. Employment positions within
the Nation that are funded, in whole or part, by appropriations from
outside of the Nation, which prohibit, as a condition of receiving
said funds, the application of Indian preference in employment
practices, shall be exempt from the requirements of section 205.7-3
of this law.
(ii) Other Exceptions. Where it would violate an applicable federal
law, including any regulations related thereto, or the terms of an
applicable loan, memorandum of understanding, contract or other
agreement for which the Nation is a party, the requirements of
section 205.7-3 shall not constituteapply.
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(4) Other Priorities. If, following application of Indian preference, employees
subject to placement in furlough status within the same preference category still
remain, priority shall be given to their retention in the following order, beginning
with the first category:
(A) Seniority. Employees who have served the Nation as a regular status
employee without a break in continuous service. employment for
the longest amount of time shall be afforded the highest level of retention
priority.
(B) Veteran Status. If employees remain after applying the priority for
seniority, employees with veteran status shall be afforded the next level of
retention priority over the other employees who remain within the same
preference category; and
(C) Performance Evaluation. If employees remain after applying the
priority for veterans, employees with a more favorable performance
evaluation shall be afforded retention priority over the employees with a
less favorable performance evaluation who remain within the same
preference category.
(i) The most current performance evaluation in existence on the date
the Oneida Business Committee adopts the furlough resolution at
issue shall be the evaluation that is used when assessing priority
hereunder.
205.8. Furloughed Employees
205.8-1. Employees shall not perform any work for the Tribe while furloughed.

This includes Nation when off of work due to being placed in furlough status, which
includes, but is not limited to, responding to work-related e-mail and voice mailvoicemail, as
well as traveling on behalf of the Tribe.Nation.
205.4-5. (a) Employees within the Nation’s Gaming Operations who are placed in furlough
status, shall continue to adhere to the “Who May Not Play Policy” throughout the furlough period.
205.8-2. Continuous Employment. Being placed in furlough status shall not be considered a
break in continuous service under the Nation’s Personnel Policies and Procedures law or any other
governing law of the Nation that contemplates continuous employment therein.
205.8-3. Unemployment. Furloughed employeesEmployees placed in furlough status shall be
responsible for contacting the State of Wisconsin Department of Workforce Development to
determine if they qualify for unemployment insurance benefits. Eligibility for unemployment
insurance benefits is determined by the State of Wisconsin.
(a) Eligibility for unemployment insurance benefits shall be determined by the State of
Wisconsin.
205.8-4-6..
Benefits. Employees placed in furlough status shall not use or accrue personal or
vacation time when on furlough. Employees for the time that they are off of work as a result of
said placement.
(a) To the extent feasible and subject to the policy of insurance or contractual agreement
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governing the specific benefit at issue, employees placed in furlough status shall continue
to receive other benefits during a furloughfor which they were entitled to before the
implementation of the furlough program throughout the period of time in which the
furlough program is in place.
205.4-7.8-5.
Overtime and Additional Duty Pay. When a furlough Unless otherwise
approved by the Oneida Business Committee on a case-by-case basis, when a furlough program is
implemented in a department or agencydivision, no employee in that department or agencydivision
shall be eligible for:
(a) overtimeOvertime during the same pay period that another employee from the same
department or agencydivision is onplaced in furlough status; or
(b) additional Additional duty pay for performing duties for other employees in his or her
department or agencydivision who are onhave been placed in furlough status.
205.4-8. -6. Back Pay. Employees on furlough Except as provided for in section 205.11 of this
law, employees placed in furlough status shall not be eligible for back pay awards upon their return
to work.
205.5 Furlough Plans
205.5-1. Furlough Plans. The 205.8-7.
Outside Employment. Employees placed in furlough
status shall be allowed to obtain outside employment while in furlough status but shall remain
subject to the recall provisions of section 205.9 of this law.
(a) Employees who obtain outside employment shall continue to adhere to any existing
policies of the Nation that govern their positions of employment with the Nation, including,
but not limited to, employee confidentiality and social media use, while in furlough status.
205.9. Recall of Furloughed Employees
205.9-1. The following shall be adhered to when deciding the order in which employees placed
in furlough status are recalled back to work at the end of a furlough program.
(a) Order for Employee Recall. If every employee placed in furlough status is unable to be
recalled back to work at the same time, or at all, the order of employee recall shall be as
follows:
(1) Indian Preference. Indian preference shall be applied to the recall process in
the following order, with the first category of employees receiving the greatest level
of preference:
(A) Enrolled members of the Oneida Nation;
(B) Oneida citizens eligible for enrollment in the Oneida Nation;
(C) Documented first generation Oneida descendants;
(D) Indians; and
(E) Non-Indians.
(2) Other Priorities. If, following application of Indian preference, employees
subject to placement in furlough status within the same preference category still
remain, priority shall be given to the recall of those remaining employees in the
following order, beginning with the first category:
(A) Seniority. Employees who have served the Nation as a regular status
employee without a break in employment for the longest amount of time
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shall be given recall priority first;
(B) Veteran Status. If employees remain after applying the priority for
seniority, the remaining employees with veteran status shall be given recall
priority over those with a more favorable performance evaluation; and
(C) Performance Evaluation. If employees remain after applying the
priority for veterans, the remaining employees with a more favorable
performance evaluation shall be given recall priority over those with a less
favorable performance evaluation.
(i) The most current performance evaluation in existence on the date
the Oneida Business Committee adopts the furlough resolution at
issue shall be the evaluation that is used when assigning priority
hereunder.
(b) Volunteers. Except as stated herein, employees who qualify for Indian preference and
volunteered to be placed in furlough status shall retain said preference rights during the
recall process, regardless of volunteering, and be recalled consistent therewith.
(1) A volunteer employee in the same Indian preference category as an employee,
who did not volunteer to be placed in furlough status and has no other priority over
the volunteer employee, shall be recalled before the non-volunteer employee.
205.9-2. Notice of Recall and Responses.
(a) Employees shall be provided with written notice of their recall from placement in
furlough status, using a method that can accurately determine the date of the employee’s
receipt of said notice.
(1) Along with information relevant to the employee’s recall back to work, the
written notice of recall shall include the language of subsection (b), below, in its
entirety.
(b) Failure to Respond. A failure to respond to the notice of recall, in the manner indicated,
within ten (10) business days of the employee’s receipt thereof shall be interpreted to mean
that the employee does not intend to return on the date of his or her recall and treated as a
resignation of employment by that employee per the governing laws and policies of the
Nation.
205.9-3. Separation in Lieu of Recall. Employees placed in furlough status who are not recalled
at the end of the furlough program shall be terminated from their employment with the Nation in
accordance with the governing laws/policies of the Nation.
205.10.

Responsibilities of Direct Report Level

positions shall develop

furlough plansand Supervisor Positions
205.10-1. Generally. Persons employed in Direct Report Level and supervisory positions with
the Nation, along with any of their authorized designees, shall be responsible for familiarizing
themselves with this law, including any policies or procedures promulgated thereunder.
(a) Within a reasonable time after this law goes into effect, and then every two (2) years
thereafter, the Direct Report Level and supervisory positions, along with any of their
authorized designees, who would be subject to one (1) or more of the responsibilities set
forth within this law in the event of a furlough program implementation, shall be required
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to attend training on the application of this law, as well as the programs to be implemented
hereunder.
(1) The Human Resources Department shall be responsible for the creation and
administration of the training required herein.
(b) Failure to adhere to the requirements or processes set forth within this law may result
in disciplinary action or other consequences consistent with the Nation’s employment laws.
205.10-2. Direct Report Level Positions. Upon the passage of a resolution directing a furlough be
implemented, all Direct Report Level positions and/or authorized designees shall immediately
carry out the directive consistent with the resolution; this law, including the Standard Operating
Procedure created by the Human Resources Department in accordance therewith; and the furlough
implementation plan that was approved for their respective departments and agencies.department
or division.
205.5-2. The furlough plans shall set forth how each department or agency intends to implement
a furlough. The plan shall include, but not be limited to, the following:
(a) an explanation of how employees will be selected;
(1) Temporary employees shall be furloughed first, followed by employees who
volunteer to be furloughed. All other employees shall then be eligible to be
furloughed.
(b) a tentative schedule for a furlough;
(1) Furloughs shall be scheduled in a way that allows the departments to continue
to provide a basic level of service.
(c) the estimated number of employees affected; and
(d) a summary of how the furlough will relieve budgetary shortfalls.
205.510-3. Disciplinary Furlough. Furloughs shall not be used for disciplinary reasons.
205.5-4. Indian Preference. Indian preference may not be used as a consideration in identifying
employees to be furloughed.
205.5-5. All furlough plans shall be kept on file with the Human Resources Department.
205.6 Supervisor Responsibilities
. 205.6-1. Upon notificationdirective from the appropriate Direct Report Level position that
furloughs are necessary, a supervisor shall:
(a) Identifypositions and/or authorized designees, supervisors shall be responsible to
provide notice to those employees who will be furloughed.
(b) Notify those employees that they will be furloughed and within their furlough dates;respective
department or division as required under section 205.6-3 of this law and provide copies of such
notice to the Human Resources Department to maintain in accordance with governing law.
(c) Notify the Human Resources Department of the chosen employees and their furlough
dates.
(a) Supervisors shall ensure that job descriptions within their respective departments or
divisions are accurately maintained and up-to-date.
205.711. Appeal
205.711-1. An employee who has been furloughedplaced in furlough status under this Policylaw
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may only appeal a furlough that is said placement if based on disciplinary reasons.a claim that it
occurred in violation of this law.
(a) A written appeal must be submitted to the Direct Report Level position and/or
authorized designee within ten (10) business days fromof the notificationemployees receipt
of the furlough.notice under section 205.6 of this law.
(b) The burden for showing that the employee was placed in furlough status in violation
of this law is based on disciplinary reasons rests on the employee. appealing the placement.
(c) The Direct Report Level position and/or authorized designee may make a decision
based on the written appeal alone.
(1) The Direct Report Level position and/or authorized designee shall provide a
written decision on the matter to the employee and the supervisor.employee’s
supervisor within ten (10) business days of receiving the written appeal unless for
good cause an extension is necessary.
(2) This decision is final and cannot be appealed.
205.711-2. An employee who has been furloughedplaced in furlough status does not have any other
right to appeal a furlough decision under any Tribal law, policy or the personnel grievance process
of the Nation.
End.
Emergency Adoption – BC-10-15-13-A
Emergency Adoption Extension – BC-04-09-14-D
Adoption – BC-11-10-15-B
Adoption – BC-__-__-__-_

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Title 2. Employment – Chapter 205
[Oneida Language]
[Translation]
FURLOUGH
205.1. Purpose and Policy
205.2. Adoption, Amendment, Repeal
205.3. Definitions
205.4. Application
205.5. Furlough Implementation Plan
205.6. Furlough Implementation

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205.7. Placing Employees in Furlough Status
205.8. Furloughed Employees
205.9. Recall of Furloughed Employees
205.10. Direct Report Level and Supervisor Responsibilities
205.11. Appeal

205.1. Purpose and Policy
205.1-1. Purpose. The purpose of this law is to:
(a) 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;
(b) Establish a consistent and equitable process for implementation of a furlough program;
and
(c) Incorporate Indian preference into the furlough program and require that it be applied
in accordance with this law.
205.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures to
address events and/or incidents that impact employees of the Nation. It is further the policy of the
Nation to incorporate and adhere to Indian preference in all aspects of employment within the
Oneida Nation.
205.2. Adoption, Amendment, Repeal
205.2-1. This law was adopted by the Oneida Business Committee by resolution BC-11-10-15B and amended by resolution BC-__-__-__-_.
205.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
205.2-3. 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.
205.2-4. 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.
205.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
205.3. Definitions
205.3-1. This section shall govern the definitions of words or phrases as used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Acts of God” means an event or effect that can be neither anticipated nor controlled,
including both acts of nature, such as floods and hurricanes, and acts of people, such as
riots, strikes, and wars.
(b) “Additional duties” means responsibilities of another position within the Nation that is
not within an employee’s current scope of work.

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(c) “Authorized designee” means an employee identified by a Direct Report Level position
to develop or assist in developing a furlough implementation plan when the individual
employed in the Direct Report Level position is unavailable or requests such assistance
from that employee.
(d) “Critical position” means a position of employment within the Nation that is crucial to
governmental functions, including, but not limited to, health, safety, regulatory compliance
and/or revenue generation.
(e) “Direct Report Level position” means a position of employment within the Nation that
is the highest level in the chain of command under the Oneida Business Committee and is
responsible for a department and/or division of the Nation.
(f) “Employee” means any individual employed by the Nation, including, but not limited
to, employees of any program or enterprise of the Nation, political appointees, temporary
employees, and employees on probationary status.
(g) “Furlough” means temporary, unpaid time off of work for a specified period of time.
(h) “Indian” means any person, other than an Oneida citizen, who is a citizen of a federally
recognized Indian tribe, other than the Oneida Nation.
(i) “Indian preference” means preference for Indian people, regardless of tribal affiliation,
in all aspects of employment, with Oneida citizens being afforded the highest levels of
preference for purposes of this law.
(j) “Nation” means the Oneida Nation.
(k) “Oneida citizen” means those persons who are enrolled members of the Nation, eligible
for enrollment in the Nation or documented first generation Oneida descendants.
(l) “Supervisor” means an employee of the Nation who directly oversees the work and
performance of an employee on a daily basis.
(m) “Temporary employee” means an employee hired by the Nation for a short-term
assignment and consists of the following classifications:
(1) Emergency/Temporary;
(2) Limited Term;
(3) Seasonal;
(4) Substitute/Relief;
(5) Youth Worker; and
(6) Student/Intern.
205.4. Application
205.4-1. Unless otherwise stated herein, this law shall apply to all employees of the Nation and
all employment decisions of the Nation that are governed, whether in whole or in part, by this law.
205.4-2. Indian Preference. It is the intent of this law, and the policy of the Nation, that no
employee who is Indian shall be furloughed so long as an employee, within the same department/
division and position, who is non-Indian is still employed.
(a) Title VII of the Civil Rights Act of 1964 allows private and government employers on
or near a Federal Trust Indian Reservation to exercise Indian preference in employment.
(b) The Indian Self Determination and Education Act affirms that any tribal employment
or contract preference laws adopted by such tribe shall govern.
(c) In accordance with this section and subject to any express exceptions set forth herein,
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a furlough program shall be administered in a manner that affords preferential treatment to
Oneida citizens and Indians in the following order, starting with those employees to be
given the highest level of preference when applying the provisions of this law:
(1) Enrolled members of the Oneida Nation;
(2) Oneida citizens eligible for enrollment in the Oneida Nation;
(3) Documented first generation Oneida descendants;
(4) Indians; and
(5) Non-Indians.
205.4-3. Equal Opportunity Employer. Notwithstanding section 205.4-2, the Nation is an Equal
Opportunity Employer that prohibits the application of this law and/or the implementation of a
furlough program in a manner that discriminates based on race, color, religion, sex, pregnancy,
age, national origin, citizenship status, veteran status, physical or mental disability, genetic
information and/or any other basis protected by the anti-discrimination provisions of Title VII of
the Civil Rights Act of 1964.
205.4-4. Training on Indian Preference. The Human Resources Department shall be responsible
for introducing new employees of the Nation to the concept of Indian preference, as well as how
it applies to the furlough programs set forth herein, during employee orientation. Such introduction
shall include, at a minimum, coverage of the following topics:
(a) The history behind Indian preference, including the role that the Bureau of Indian
Affairs (“BIA”) had in its development;
(b) The Indian Self-Determination and Education Assistance Act of 1975, as well as the
exception to Title VII of the Civil Rights Act of 1964; and
(c) Examples of how Indian preference would apply in the event of a furlough program
when deciding which employees of the Nation would be placed in furlough status, as well
as the order in which they would be recalled, using methods to include, but not be limited
to, hypotheticals and charting.
205.4-5. Prohibitions. Any furlough program of the Nation that is initiated in accordance with
this law shall not:
(a) Be used as a means to resolve performance-related problems, grievance issues or to
take the place of disciplinary actions;
(b) Be administered or implemented in violation of this law or any other applicable laws/
policies of the Nation; and/or
(c) Be implemented in a manner that requires interdepartmental transfers when applying
Indian preference to the processes set forth herein.
205.5. Furlough Implementation Plan
205.5-1. Implementation Plan. Within a reasonable time after this law goes into effect, all Direct
Report Level positions, or their authorized designees, shall submit a furlough implementation plan
to the Human Resources Department for approval.
(a) The Human Resources Department shall create a standard template that Direct Report
Level positions and/or authorized designees must use when developing their furlough
implementation plan hereunder.
(1) The intent of the standard template shall be to elicit, in advance, information
that will allow the Nation to implement a furlough program in as efficient and
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consistent a manner as possible under the circumstances, the information of which
shall include, but not be limited to:
(A) Which positions within their respective department or division may
qualify as a critical position;
(B) Which employees within their respective department or division may
qualify for Indian preference and the corresponding level of preference that
would apply under section 205.4-2 of this law;
(C) Which positions and/or employees within their respective department
or division may be exempt from the application of Indian preference and
the basis for said exemption;
(D) Whether any employees within their respective department or division
may be interested in volunteering to be placed in furlough status in the event
a furlough program is implemented; and
(E) Whether any positions within their respective department or division
are capable of being adjusted to promote Indian preference when deciding
which employees to place in furlough status.
(2) The Human Resources Department shall submit its standard template to the
Oneida Business Committee for approval by resolution prior to distributing it to the
Direct Report Level positions and/or authorized designees for development in
accordance herewith.
(b) The Human Resources Department shall create a Standard Operating Procedure which
sets forth how a furlough implementation plan shall be processed under this law once the
standard template is approved by the Oneida Business Committee, that shall, at a minimum,
address the following:
(1) Distribution of the standard template to the Direct Report Level positions and/or
their authorized designees;
(2) The process for Direct Report Level positions and/or authorized designees to
follow upon receiving the standard template, including, but not limited to:
(A) How a furlough implementation plan shall be created using the standard
template;
(B) How a furlough implementation plan shall be submitted to the Human
Resources Department for approval; and
(C) The amount of time the Direct Report Level positions and/or their
authorized designees have to submit their furlough implementation plans to
the Human Resources Department upon receipt of the standard template.
(3) How the Human Resources Department will process furlough implementation
plans for approval upon submission by the Direct Report Level positions and/or
authorized designees; and
(4) How the Human Resources Department will notify the Direct Report Level
positions and/or authorized designees of its decision to approve or reject their
furlough implementation plan and, if rejected, the reason for the rejection and the
process for resubmitting the furlough implementation plan for reconsideration.
(c) Copies of approved furlough implementation plans shall be retained by the Human
Resources Department, as well as the Direct Report Level positions and/or authorized
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designees, consistent with governing law.
205.5-2. Furlough Implementation Plan Updates. The furlough implementation plan, as well as
the standard template upon which it is developed, shall be updated as follows:
(a) Standard Template. Within two (2) years of its initial approval by resolution and then
every two (2) years thereafter, the Human Resources Department shall review its standard
template to assess whether it should be updated to better advance the underlying goals/
policies of this section, as well as the law in general.
(1) Updates to the standard template must be approved by the Oneida Business
Committee in accordance with section 205.5-1 of this law.
(b) Implementation Plan. Within two (2) years of initial approval by the Human Resources
Department and then every (2) years thereafter, the Direct Report Level positions and/or
authorized designees shall review their furlough implementation plan to assess whether it
needs to be updated to account for any relevant changes within their department/division,
including, but not limited to, changes in personnel, changes in positions and/or changes to
any of the job descriptions attached to a position.
(1) Updates to a furlough implementation plan must be processed and approved in
accordance with section 205.5-1 of this law, as well as the Standard Operating
Procedure created by the Human Resources Department in accordance therewith.
(c) Nothing in this section shall be interpreted to prohibit an earlier review of the standard
template or furlough implementation plan nor the number of times they are reviewed.
205.6. Furlough Implementation
205.6-1. Alternatives to Furlough. Prior to adopting a furlough resolution hereunder, the Oneida
Business Committee shall consider whether any reasonable alternative options to implementation
of a furlough program exist and, if so, exhaust the option or options in advance of implementation
so long as the burden of doing so on the Nation as a whole does not outweigh the benefit to the
employees who may be affected by the implementation of a furlough program.
205.6-2. Furlough Resolution. If the Oneida Business Committee has identified the need for a
furlough program, a directive by resolution shall be given to the appropriate Direct Report Level
positions, authorized designees, and any other individual or entity deemed necessary by the Oneida
Business Committee.
(a) The resolution shall include the following:
(1) The basis for implementing the furlough program;
(2) Whether it is being implemented as an administrative or emergency furlough
program;
(3) If feasible under the circumstances and to the extent of such feasibility so long
as not less than is required under this law for the particular furlough program being
implemented, the beginning and ending dates of the furlough program;
(4) If feasible under the circumstances and to the extent of such feasibility, which
areas within the Nation will be subject to the furlough program and which positions,
if any, are considered critical positions exempt from being placed in furlough status;
and
(5) Whether an ad hoc committee will be established pursuant to this section to
assist in the implementation of the furlough program.
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(b) Ad Hoc Committee. The Oneida Business Committee may, in its discretion, establish
an ad hoc committee to assist in the implementation of a furlough program by, among other
actions, helping to identify which areas of the Nation should be subject to the furlough
program and which positions, if any, should be deemed critical, when directed to by the
Oneida Business Committee.
(1) The ad hoc committee shall be made up of employees of the Nation, identified
by the Oneida Business Committee within the furlough resolution or through a
subsequent resolution or motion, who possess an expertise commensurate with the
type and severity of the event giving rise to the need for the implementation of a
furlough program.
(2) The ad hoc committee shall meet as necessary and at the request of the Oneida
Business Committee to carry out its responsibilities per the directive of the Oneida
Business Committee and in a manner consistent with this law.
(3) The ad hoc committee shall not be subject to the Boards, Committees and
Commissions law and employees shall not be entitled to stipends or any additional
form of compensation for serving on an ad hoc committee established hereunder.
(4) The ad hoc committee shall dissolve upon conclusion of the furlough program
for which it was established or on an early date as determined by the Oneida
Business Committee, subject to the following:
(A) The ad hoc committee shall prepare, as well as present, a close-out
report, in accordance with the Oneida Business Committee’s directive; and
(B) The ad hoc committee shall forward all materials and records that were
used and/or created to carry out its responsibilities hereunder to the Human
Resources Department for storage/disposal in accordance with governing
law.
205.6-3. Furlough Programs. A furlough program shall be characterized as either an emergency
or an administrative program in the furlough resolution and then carried out in accordance with
the portions of this section that apply to such characterization.
(a) In General. The following shall apply to all furlough programs implemented hereunder,
regardless of their characterization.
(1) Notice of the implementation of a furlough program shall be provided to
employees in writing and, along with information relevant to the furlough program
being implemented, include the following:
(A) Fair warning regarding the employee’s failure to respond to a notice of
recall as set forth in section 205.9-2 of this law; and
(B) A directive that it is the responsibility of the employee to ensure that
the Nation has his or her most current contact information.
(2) Written notice shall be sent to employees via the outlet(s) deemed most capable
of reaching them in as efficient a manner as possible under the circumstances.
(A) In the event that the Nation develops a formal process to provide mass
notifications to employees for events such as the implementation of a
furlough program, such process shall be deemed the most capable outlet
hereunder and used to provide written notice to employees for purposes
hereof.
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(b) Emergency Furlough Program. An emergency furlough program may be initiated by
the Oneida Business Committee when in the best interest of the Nation due to Acts of God
that require immediate curtailment of activities within the organization.
(1) Notice. Employees shall be notified of the Oneida Business Committee’s
decision to implement an emergency furlough program as far in advance of the
program’s implementation date as is reasonably possible under the circumstances.
(A) If circumstances do not allow for the Oneida Business Committee to
set a specific date upon which the emergency furlough program will end
within the furlough resolution, notice of the anticipated end date shall be
provided as soon thereafter as is reasonably possible, consistent with section
205.6-3 of this law.
(2) Duration. No emergency furlough program implemented hereunder shall last
for longer than twenty-six (26) weeks from the date of implementation, unless
extended by the Oneida Business Committee through a subsequent resolution.
(c) Administrative Furlough Program. An administrative furlough program may be
initiated by the Oneida Business Committee in response to a foreseeable event that is likely
to result in a temporary reduction in revenue/funding or some other organizational issue
when the intent is to recall employees back to work once the event has subsided.
(1) Notice. Employees shall be notified of the Oneida Business Committee’s
decision to implement an administrative furlough program at least five (5) business
days in advance of the program’s implementation date.
(2) Duration. The beginning and ending dates of the administrative furlough
program shall be specified within the furlough resolution.
(A) An administrative furlough program shall end on the date specified
within the furlough resolution, unless revised or extended by the Oneida
Business Committee through a subsequent resolution.
(B) Notice of a revised or extended end date for an administrative furlough
program shall be provided as soon as reasonably possible in advance of the
original end date, consistent with section 205.6-3 of this law.
(3) If the intent to bring employees back is not present or is improbable at the time
employee reductions are deemed necessary, employees shall be selected for layoff,
as opposed to placement in furlough status, consistent with the laws and policies of
the Nation governing employee layoffs.
205.7. Placing Employees in Furlough Status
205.7-1. This section shall govern the manner in which employees of the Nation are selected to
be placed in furlough status following the adoption of a resolution triggering the implementation
of a furlough program.
205.7-2. Critical Positions. Except as otherwise stated herein, employment positions identified
as critical pursuant to this section of the law shall be exempt from placement into furlough status
during the specific furlough program for which the position was deemed critical.
(a) Critical positions shall be identified by the Oneida Business Committee, or ad hoc
committee upon the Oneida Business Committee’s directive and subject to its approval,
within the furlough resolution referenced in section 205.6-2 of this law or as soon thereafter
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as is reasonably possible under the circumstances in a subsequent resolution or motion.
(1) Amendments. The Oneida Business Committee, with assistance from the ad hoc
committee if so requested, may amend the list of identified critical positions as it
deems necessary under the circumstances.
(A) Direct Report Level positions or their authorized designees may submit
requests for amendments to the list of identified critical positions under their
direction to the Oneida Business Committee for consideration.
(b) Exception. The Oneida Business Committee may, when deemed necessary, direct that
reductions be made to positions initially identified as critical under this section, through
adoption of a subsequent resolution.
(1) Employees within the same critical position who become subject to a reduction
hereunder, shall be placed in furlough status pursuant to the order of preference and
priority established in section 205.7, and recalled back to work pursuant to the order
of preference and priority established in section 205.9, of this law.
205.7-3. Non-Critical Positions. Directives from the Oneida Business Committee regarding
employee furlough reductions, as set forth in the initial resolution or a subsequent resolution
related thereto, shall be carried out by the Direct Reports Level position/authorized designee of the
affected department/division in a manner that furthers the policy behind Indian preference to the
greatest extent possible without rendering the affected department/division inoperable or unable
to reasonably conduct business.
(a) Placing Employees in Furlough Status. Unless otherwise stated herein, the following
order shall be adhered to when placing non-critical position employees within the same
department or division in furlough status.
(1) Temporary Employees. Temporary employees within a department or division
shall be the first category of employees to be placed in furlough status.
(2) Volunteer Employees. Following the placement of temporary employees in
furlough status, eligible employees who volunteer for said placement shall be the
next category of employees to be placed in furlough status, subject to the following:
(A) Employees who volunteer to be placed in furlough status must sign a
form, created by the Human Resources Department, confirming that:
(i) They volunteered to be placed in furlough status notwithstanding
any preference or eligibility for retention that they may have;
(ii) Their decision to volunteer was not coerced or based on any
promises of compensation or other consideration; and
(iii) They understand that they are not guaranteed a recall back to
work and, as a result, could be terminated from their employment
with the Nation.
(B) Once signed, the employee shall be provided with a copy for his or her
records and the Human Resources Department shall retain the original copy
in a manner consistent with the Nation’s Open Records and Open Meetings
law and/or any other applicable laws of the Nation.
(C) Employees who volunteer to be placed in furlough status shall retain
the rights afforded under, as well as be subject to, the recall process set forth
in section 205.9 of this law.
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(3) Indian Preference. Absent an express exception and after application of subsections (1) and (2), above, when the remaining number of employees in the same
position within a department or division exceeds the number of said employees to
be placed in furlough status, the order of placement shall occur in the following
order, beginning with the first category:
(A) Non-Indians;
(B) Indians;
(C) Documented first generation Oneida descendants;
(D) Oneida citizens eligible for enrollment in the Oneida Nation; and
(E) Enrolled members of the Oneida Nation.
(i) Exceptions for Grant Positions. Employment positions within
the Nation that are funded, in whole or part, by appropriations from
outside of the Nation, which prohibit, as a condition of receiving
said funds, the application of Indian preference in employment
practices, shall be exempt from the requirements of section 205.7-3
of this law.
(ii) Other Exceptions. Where it would violate an applicable federal
law, including any regulations related thereto, or the terms of an
applicable loan, memorandum of understanding, contract or other
agreement for which the Nation is a party, the requirements of
section 205.7-3 shall not apply.
(4) Other Priorities. If, following application of Indian preference, employees
subject to placement in furlough status within the same preference category still
remain, priority shall be given to their retention in the following order, beginning
with the first category:
(A) Seniority. Employees who have served the Nation as a regular status
employee without a break in employment for the longest amount of time
shall be afforded the highest level of retention priority.
(B) Veteran Status. If employees remain after applying the priority for
seniority, employees with veteran status shall be afforded the next level of
retention priority over the other employees who remain within the same
preference category; and
(C) Performance Evaluation. If employees remain after applying the
priority for veterans, employees with a more favorable performance
evaluation shall be afforded retention priority over the employees with a
less favorable performance evaluation who remain within the same
preference category.
(i) The most current performance evaluation in existence on the date
the Oneida Business Committee adopts the furlough resolution at
issue shall be the evaluation that is used when assessing priority
hereunder.
205.8. Furloughed Employees
205.8-1. Employees shall not perform any work for the Nation when off of work due to being
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placed in furlough status, which includes, but is not limited to, responding to work-related e-mail
and voicemail, as well as traveling on behalf of the Nation.
(a) Employees within the Nation’s Gaming Operations who are placed in furlough status,
shall continue to adhere to the “Who May Not Play Policy” throughout the furlough period.
205.8-2. Continuous Employment. Being placed in furlough status shall not be considered a
break in continuous service under the Nation’s Personnel Policies and Procedures law or any other
governing law of the Nation that contemplates continuous employment therein.
205.8-3. Unemployment. Employees placed in furlough status shall be responsible for contacting
the State of Wisconsin Department of Workforce Development to determine if they qualify for
unemployment insurance benefits.
(a) Eligibility for unemployment insurance benefits shall be determined by the State of
Wisconsin.
205.8-4. Benefits. Employees placed in furlough status shall not use or accrue personal or
vacation time for the time that they are off of work as a result of said placement.
(a) To the extent feasible and subject to the policy of insurance or contractual agreement
governing the specific benefit at issue, employees placed in furlough status shall continue
to receive other benefits for which they were entitled to before the implementation of the
furlough program throughout the period of time in which the furlough program is in place.
205.8-5. Overtime and Additional Duty Pay. Unless otherwise approved by the Oneida Business
Committee on a case-by-case basis, when a furlough program is implemented in a department or
division, no employee in that department or division shall be eligible for:
(a) Overtime during the same pay period that another employee from the same department
or division is placed in furlough status; or
(b) Additional duty pay for performing duties for other employees in his or her department
or division who have been placed in furlough status.
205.8-6. Back Pay. Except as provided for in section 205.11 of this law, employees placed in
furlough status shall not be eligible for back pay upon their return to work.
205.8-7. Outside Employment. Employees placed in furlough status shall be allowed to obtain
outside employment while in furlough status but shall remain subject to the recall provisions of
section 205.9 of this law.
(a) Employees who obtain outside employment shall continue to adhere to any existing
policies of the Nation that govern their positions of employment with the Nation, including,
but not limited to, employee confidentiality and social media use, while in furlough status.
205.9. Recall of Furloughed Employees
205.9-1. The following shall be adhered to when deciding the order in which employees placed
in furlough status are recalled back to work at the end of a furlough program.
(a) Order for Employee Recall. If every employee placed in furlough status is unable to be
recalled back to work at the same time, or at all, the order of employee recall shall be as
follows:
(1) Indian Preference. Indian preference shall be applied to the recall process in
the following order, with the first category of employees receiving the greatest level
of preference:
(A) Enrolled members of the Oneida Nation;
2 O.C. 205 – Page 10

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(B) Oneida citizens eligible for enrollment in the Oneida Nation;
(C) Documented first generation Oneida descendants;
(D) Indians; and
(E) Non-Indians.
(2) Other Priorities. If, following application of Indian preference, employees
subject to placement in furlough status within the same preference category still
remain, priority shall be given to the recall of those remaining employees in the
following order, beginning with the first category:
(A) Seniority. Employees who have served the Nation as a regular status
employee without a break in employment for the longest amount of time
shall be given recall priority first;
(B) Veteran Status. If employees remain after applying the priority for
seniority, the remaining employees with veteran status shall be given recall
priority over those with a more favorable performance evaluation; and
(C) Performance Evaluation. If employees remain after applying the
priority for veterans, the remaining employees with a more favorable
performance evaluation shall be given recall priority over those with a less
favorable performance evaluation.
(i) The most current performance evaluation in existence on the date
the Oneida Business Committee adopts the furlough resolution at
issue shall be the evaluation that is used when assigning priority
hereunder.
(b) Volunteers. Except as stated herein, employees who qualify for Indian preference and
volunteered to be placed in furlough status shall retain said preference rights during the
recall process, regardless of volunteering, and be recalled consistent therewith.
(1) A volunteer employee in the same Indian preference category as an employee,
who did not volunteer to be placed in furlough status and has no other priority over
the volunteer employee, shall be recalled before the non-volunteer employee.
205.9-2. Notice of Recall and Responses.
(a) Employees shall be provided with written notice of their recall from placement in
furlough status, using a method that can accurately determine the date of the employee’s
receipt of said notice.
(1) Along with information relevant to the employee’s recall back to work, the
written notice of recall shall include the language of subsection (b), below, in its
entirety.
(b) Failure to Respond. A failure to respond to the notice of recall, in the manner indicated,
within ten (10) business days of the employee’s receipt thereof shall be interpreted to mean
that the employee does not intend to return on the date of his or her recall and treated as a
resignation of employment by that employee per the governing laws and policies of the
Nation.
205.9-3. Separation in Lieu of Recall. Employees placed in furlough status who are not recalled
at the end of the furlough program shall be terminated from their employment with the Nation in
accordance with the governing laws/policies of the Nation.
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205.10. Responsibilities of Direct Report Level and Supervisor Positions
205.10-1. Generally. Persons employed in Direct Report Level and supervisory positions with
the Nation, along with any of their authorized designees, shall be responsible for familiarizing
themselves with this law, including any policies or procedures promulgated thereunder.
(a) Within a reasonable time after this law goes into effect, and then every two (2) years
thereafter, the Direct Report Level and supervisory positions, along with any of their
authorized designees, who would be subject to one (1) or more of the responsibilities set
forth within this law in the event of a furlough program implementation, shall be required
to attend training on the application of this law, as well as the programs to be implemented
hereunder.
(1) The Human Resources Department shall be responsible for the creation and
administration of the training required herein.
(b) Failure to adhere to the requirements or processes set forth within this law may result
in disciplinary action or other consequences consistent with the Nation’s employment laws.
205.10-2. Direct Report Level Positions. Upon the passage of a resolution directing a furlough be
implemented, all Direct Report Level positions and/or authorized designees shall immediately
carry out the directive consistent with the resolution; this law, including the Standard Operating
Procedure created by the Human Resources Department in accordance therewith; and the furlough
implementation plan that was approved for their respective department or division.
205.10-3. Supervisor Responsibilities. Upon directive from the appropriate Direct Report Level
positions and/or authorized designees, supervisors shall be responsible to provide notice to those
employees within their respective department or division as required under section 205.6-3 of this
law and provide copies of such notice to the Human Resources Department to maintain in
accordance with governing law.
(a) Supervisors shall ensure that job descriptions within their respective departments or
divisions are accurately maintained and up-to-date.
205.11. Appeal
205.11-1. An employee who has been placed in furlough status under this law may only appeal
said placement if based on a claim that it occurred in violation of this law.
(a) A written appeal must be submitted to the Direct Report Level position and/or
authorized designee within ten (10) business days of the employees receipt of the notice
under section 205.6 of this law.
(b) The burden for showing that the employee was placed in furlough status in violation
of this law is on the employee appealing the placement.
(c) The Direct Report Level position and/or authorized designee may make a decision
based on the written appeal alone.
(1) The Direct Report Level position and/or authorized designee shall provide a
written decision on the matter to the employee and the employee’s supervisor
within ten (10) business days of receiving the written appeal unless for good cause
an extension is necessary.
(2) This decision is final and cannot be appealed.
205.11-2. An employee who has been placed in furlough status does not have any other right to
appeal a furlough decision under any law, policy or the personnel grievance process of the Nation.
2 O.C. 205 – Page 12

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End.
Emergency Adoption – BC-10-15-13-A
Emergency Adoption Extension – BC-04-09-14-D
Adoption – BC-11-10-15-B
Adoption – BC-__-__-__-_

2 O.C. 205 – Page 13

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FURLOUGH LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Amendments

Purpose

Affected
Entities and
Individuals
Related
Legislation

▪ To incorporate Indian preference into the Furlough law (“Law”) and require that it be
applied to the Nation’s furlough process in accordance therewith;
▪ To add priority levels to govern the order for placing in furlough status and recalling
back to work those employees who remain after the application of Indian preference;
▪ To clarify the process for preparing, initiating and implementing a furlough program,
by:
• Setting conditions and clear procedures, as well as express prohibitions, for
when and how a furlough program may be initiated by the Oneida Business
Committee (“OBC”);
• Setting conditions and clear procedures for how a furlough program will be
implemented by the Nation, once initiated; and
• Assigning responsibilities to specific persons/entities for carrying out certain
activities in accordance with the Law.
▪ To require a furlough be initiated as either an emergency or administrative program
and then implemented in accordance therewith;
▪ To allow the OBC to establish an ad hoc committee, made up of employees of the
Nation, to assist in the implementation of furlough programs;
▪ To add more due process to the Law by:
• Specifying how notice must be provided to employees of the Nation who are
subject to a furlough program;
• Requiring the Human Resources Department to add training on Indian
preference to its employee orientation that includes, at a minimum:
o The history behind Indian preference, including the role the Bureau
of Indian Affairs (“BIA”) had in its development;
o The Indian Self-Determination and Education Assistance Act of
1975, as well as the exception to Title VII of the Civil Rights Act of
1964 for Indian preference; and
o Examples of how Indian preference would apply to a furlough
program using methods such as hypotheticals and charting.
• Requiring Direct Report Level positions/supervisors, who are responsible for
implementing a furlough program, to undergo training on the application of
the Law every two (2) years; and
• Broadening the scope of claims that an employee placed in furlough status
can bring on an appeal under the Law.
To enable the Nation to implement a furlough as a tool to remedy an operating budget
deficit when a decrease or lapse of revenue or funding and/or any other budget situation
warranting an unpaid leave is identified. [2 O.C. 205.1-1 and 205.1-2].
Employees of the Oneida Nation; Human Resources Department; the Oneida Business
Committee; Oneida Nation employees in Direct Report Level and supervisory positions,
along with their authorized designees.
Legislative Procedures Act; Layoff Policy; Open Records and Open Meetings law;
Budget Management and Control law; Boards, Committees and Commissions law;
Personnel Policies and Procedures law.

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Public Meeting

Fiscal Impact

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A public comment period was held open until November 11, 2021. A public meeting
was not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, Suspension of Public Meetings under the Legislative Procedures Act.
A fiscal impact statement will be requested from the Finance Department on December
1, 2021.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Furlough Policy, which will be referred to as the Furlough law upon adoption of the proposed
amendments, was first adopted by OBC on November 10, 2015, through resolution BC-11-10-15-B. [2
O.C. 205.2-1]. The Law was established to enable the Nation to implement a furlough as a tool to
remedy an operating budget deficit when a decrease or lapse of revenue or funding and/or any other
budget situation warranting an unpaid leave is identified. [2 O.C. 205.1-1; 2 O.C. 205.1-2].
B. On October 7, 2020, the Legislative Operating Committee (“LOC”) added this item to the Active Files
List to incorporate Indian preference into the Law, as well as to provide clarity regarding certain other
processes within the Law that were flagged for review following the recent furlough program that was
implemented in response to the COVID-19 pandemic.
C. This will be the first time that the Law has been amended since its adoption in 2015; thus, along with
the substantive amendments that resulted from the collaboration referenced further herein, the Law was
updated to reflect the Nation’s current legislative practices/customs that are less substantive in nature
(e.g., replacing the word “Tribe” with “Nation” and re-formatting per the Legislative Procedures Act).

SECTION 3. CONSULTATION AND OUTREACH
A. Departments. Representatives from the following departments participated in the development of the
amendments to this Law and the legislative analysis:
▪ Human Resources Department
▪ General Manager - Retail
▪ Employee Relations Department
▪ Gaming Employee Services
B. Laws of the Nation. The drafting of this legislative analysis included a review of the following laws
of the Nation: Boards, Committees and Commissions law [1 O.C. 105]; Open Records and Open
Meetings law [1 O.C. 107]; Legislative Procedures Act [1 O.C. 109]; Budget Management and Control
law [1 O.C. 121]; Layoff Policy [2 O.C. 207]; Conflict of Interest law [2 O.C. 217]; Emergency
Management law [3 O.C. 302]; Oneida Nation Gaming Ordinance [5 O.C. 501]; Indian Preference in
Contracting law [5 O.C. 502]; and Personnel Policies and Procedures law.
C. Area and Tribal Laws. The following federal, state and tribal laws were also reviewed in the
development of this legislative analysis:
▪ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e;
▪ The Indian Self Determination and Education Assistance Act of 1975, 25 U.S.C. § 450(c);
▪ Federal and state laws related to labor and employment standards for exempt and non-exempt
employees;
▪ Unemployment insurance benefits laws of the State of Wisconsin;
▪ Stockbridge-Munsee Tribal Law, Chapter 54 – Employee Preference Policy Ordinance;
▪ Coquille Indian Tribal Code, Chapter 188, Part 1 – General Governmental Affairs – Tribal
and Indian Preference in Employment; and
▪ Nez Perce Tribe’s Human Resources Manual.

SECTION 4. PROCESS
A. Thus far, the amendments to this Law have followed the process set forth in the Legislative Procedures
Act (“LPA”).
▪ On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files
List.

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▪

On August 4, 2021, the Legislative Operating Committee approved the draft amendments to
the Law and directed that a legislative analysis be prepared for consideration at the next LOC
meeting.
▪ On August 18, 2021, the Legislative Operating Committee approved the draft amendments to
the Law, along with the legislative analysis.
▪ On October 6, 2021, the Legislative Operating Committee approved the Furlough law
amendments public comment period notice and forwarded the Furlough law amendments to a
public comment period to be held open until November 11, 2021.
▪ On November 11, 2021, the public comment period closed. No written submissions of
comments were received during this public comment period.
▪ On November 17, 2021, the Legislative Operating Committee accepted the public comment
period review memorandum recognizing no comments were received.
▪ On December 1, 2021, the Legislative Operating Committee will consider approving the final
draft and legislative analysis of the amendments to the Furlough law, and directing the Finance
Department to complete a fiscal impact statement by December 15, 2021.
B. The following work meetings were held by the Legislative Reference Office in the development of the
amendments to this Law:
▪ October 22, 2020, a meeting was held with Councilwoman, Marie Summers, to briefly discuss
her basis for requesting that the Furlough law be added to the Active Files List.
▪ November 13, 2020, a work meeting was held with representatives from the Human Resources
Department (“HRD”) and Retail.
▪ January 26, 2021, a work meeting was held with representatives from the HRD and Retail.
▪ February 3, 2021, a work meeting was held with the LOC.
▪ February 17, 2021, a work meeting was held between the LOC and representatives from the
HRD, Gaming Employee Services and Retail.
▪ February 25, 2021, a work meeting was held with the LOC.
▪ April 9, 2021, a work meeting was held with the LOC.
▪ April 13, 2021, a work meeting was held with the LOC.
▪ June 10, 2021, a work meeting was held with the LOC.
▪ July 8, 2021, a work meeting was held with representatives from the HRD, Gaming Employee
Services and Retail.
▪ July 21, 2021, a work meeting was held with the LOC.
▪ August 18, 2021, a work meeting was held with the LOC.
▪ August 26, 2021, a work meeting was held with the LOC.
▪ September 23, 2021, a work meeting was held with the LOC.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The COVID-19 pandemic has resulted in
high rates of infection and mortality, as well as vast economic impacts including effects on the stock
market and the closing of all non-essential businesses. A public meeting for the proposed amendments
to the Law was not held due to the COVID-19 pandemic, but a public comment period for the
submission of written comments was held open.
▪ Declaration of a Public Health State of Emergency.
o On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health
State of Emergency” regarding the COVID-19 pandemic which declared a Public
Health State of Emergency for the Nation until April 12, 2020, and set into place the
necessary authority for action to be taken and allows the Nation to seek reimbursement
of emergency management actions that may result in unexpected expenses.
o The Public Health State of Emergency has since been extended until November 25,
2021, by the Oneida Business Committee through the adoption of resolutions: BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A,

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and BC-09-22-21-A.
▪ COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under
the Legislative Procedures Act.
o On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings Under the Legislative Procedures Act” declaration
which suspended the Legislative Procedures Act’s requirement to hold a public
meeting during the public comment period, but allows members of the community to
still participate in the legislative process by submitting written comments, questions,
data, or input on proposed legislation to the Legislative Operating Committee via email during the public comment period.
▪ Oneida Business Committee Resolution BC-08-03-21-A, Setting Public Gathering Guidelines
during Public Health State of Emergency – COVID-19.
o On August 3, 2021, the Oneida Business Committee adopted resolution BC-08-0321-A titled, “Setting Public Gathering Guidelines during Public Health State of
Emergency – COVID-19, which provides that indoor and outdoor events shall be
canceled when the infection rates within Brown or Outagamie Counties exceed “Low”
as identified by the Wisconsin Department of Health Services. Both Brown and
Outagamie Counties are experiencing “High” COVID-19 infection rates.
▪ Conclusion.
o Although a public meeting was not held on the proposed amendments to the Law, a
public comment period was still held open until November 11, 2021, in accordance
with resolution BC-08-03-21-A and the Legislative Procedures Act as modified by the
COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the
Legislative Procedures Act” declaration. No public comments were received during
this public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Indian Preference. Currently, the Law does not allow Indian preference to be used as a consideration
in identifying which employees of the Nation to place in furlough status upon the implementation of a
furlough program. [2 O.C. 205.5-4]. The proposed amendments will incorporate Indian preference into
the Nation’s furlough programs and require that it be applied when deciding the order in which
employees of the Nation are placed in furlough status, upon initiation of a furlough program, as well as
recalled back to work when the program ends. [2 O.C. 205.1-1(c); 2 O.C. 205.4-2].
▪ Basis for Preference. Federal laws have been adopted by the United States Congress to combat
employment and economic discrimination that remains from the forcible removal of Indigenous
people from their homelands.
o Indian Self-Determination and Education Assistance Act of 1975. Through the Indian SelfDetermination and Education Assistance Act of 1975 (“ISDEAA”), tribes are authorized
to provide their own services created by the federal trust responsibility. ISDEAA allows
tribes to assume administrative responsibility for federally funded programs designed for
their benefit, primarily services which are administered by the BIA and the Indian Health
Service. [25 U.S.C. § 5130].
Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 (“Title
VII”) prohibits preferential employment practices that are based on race, religion, color,
sex or national origin. However, Title VII contains an exception for Indian preference that
reads: “nothing contained in this title shall apply to any business or enterprise on or near
an Indian Reservation with regard to any publicly announced employment practice of such
business or enterprise under which preferential treatment is given to an individual because
he or she is Indian.” [42 U.S.C. § 2000e-2(i)(emphasis added.)].
By adding Indian preference to the Law, the Nation is exercising its sovereign power to help protect
the gainful employment of its members and eradicate discrimination against Indian people in the
o

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▪

workforce. Also, it is fulfilling the prerequisite to Title VII’s exception by publicly announcing that
the Nation intends to afford preferential treatment to its citizens and citizens of other federally
recognized Indian tribes when implementing a furlough program under the Law.
Applying Preference Levels. Under section 205.4-2 of the proposed amendments and subject to
any exceptions set forth within the Law, the Nation’s furlough programs will now be administered
in a manner that affords preferential treatment to Indian people in the following order, starting with
the category of employees to be given the highest level of preference:

Highest Preference Level
Enrolled Members of the Oneida Nation
Oneida Citizens Eligible for Enrollment in
the Oneida Nation
Documented First Generation
Oneida Descendants
Indians
Non-Indians

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▪

Lowest Preference Level
[2 O.C. 205.4-2(c)].
Definitions. To ensure consistency in the application of Indian preference to the Nation’s furlough
programs, the following definitions were added to the Law to help clarify where employees of the
Nation fall within the preference spectrum:
o Indian preference – means preference for Indian people, regardless of tribal affiliation, in
all aspects of employment, with Oneida citizens being afforded the highest levels of
preference for purposes of this law. [2 O.C. 205.3-1(h)];
o Indian – means any person, other than an Oneida citizen, who is a citizen of a federallyrecognized Indian tribe, other than the Oneida Nation. [2 O.C. 205.3-1(g)]; and
o Oneida citizen – means those persons who are enrolled members of the Nation, eligible for
enrollment in the Nation or documented first generation Oneida descendants. [2 O.C.
205.3-1(j)].
Effect. By adding Indian preference into the Law and, absent an exception, requiring that it be
applied to give preference according to the above diagram, with the highest level of preference
being afforded to the top category of employees, no employee of the Nation who is an Oneida
citizen or an Indian person, as defined within the Law, shall be placed in furlough status so long as
an employee, within the same department or division and position, who is non-Indian remains
employed. [2 O.C. 205.4-2].

B. Application [2 O.C. 205.4]. Section 205.4 of the proposed amendments titled, Application, replaces
section 205.4 of the current Law titled, Furlough. This section was added, not only to publicly declare
the incorporation of Indian preference into the Nation’s furlough programs (as discussed above), but to
clarify and/or mandate the following with respect to the application of this Law:
▪ That, unless otherwise stated, the Law applies to all employees, as well as employment decisions,
of the Nation that are governed, whether in whole or part, thereby [2 O.C. 205.4-1];
▪ That, but for Indian preference, the Nation is an Equal Opportunity Employer that prohibits the
application of this Law and/or the implementation of a furlough program to occur in a manner that

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discriminates based on race, color, religion, sex, pregnancy, age, national origin, citizenship status,
veteran status, physical or mental disability, genetic information and/or any other basis protected
by the anti-discrimination provisions of Title VII [2 O.C. 205.4-3];
That, the HRD will be responsible for introducing new employees of the Nation to the concept of
Indian preference, as well as how it applies to the Nation’s furlough programs, during its employee
orientation training [2 O.C. 205.4-4]; and
o Goal for Orientation. During the development of these amendments, the LOC wanted to
ensure that new employees of the Nation were familiar with the concept of Indian
preference, as well as the history behind it, and how it would be applied to one or more
departments/divisions of the Nation during a furlough program before it happened, as
opposed to first learning about the process during an actual program implementation.
That, furlough programs shall not be:
o Used to resolve performance-related issues, grievances or to take the place of disciplinary
actions [2 O.C. 205.4-5(a)];
o Administered or implemented in violation of the Law or any other applicable laws/policies
of the Nation [2 O.C. 205.4-5(b)]; and
o Implemented in a manner that requires interdepartmental transfers when applying Indian
preference to the processes set forth within the Law [2 O.C. 205.4-5(c)].
• Effect. When adding Indian preference into the Law, a discussion took place on
whether to require interdepartmental transfers of employees when deciding the
order for placement into furlough status, as well as for recall back to work. Workgroup members, specifically those from the Nation’s revenue generating areas,
raised concerns over how disruptive it could be to have to train an employee from
another department to replace an existing, already trained, employee just to adhere
to the requirements of Indian preference. Section 205.4-5(c) was added to clarify
that interdepartmental transfers are not required when applying Indian preference
during a furlough program.

C. Furlough Implementation Plan [2 O.C. 205.5]. The current section 205.5 of the Law, titled, Furlough
Plans, was retitled, Furlough Implementation Plan, and revised to include certain steps that now must
be taken before a furlough program is even implemented, the goal being for the implementation process
to unfold in a more efficient, organized and consistent manner upon initiation by the OBC. [2 O.C. 205.
5-1(a)(1)]. These pre-implementation activities include:
▪ That, within a reasonable time after the amendments to the Law are adopted, all Direct Report Level
positions, or their authorized designees, are required to submit a furlough implementation plan to
the HRD for approval. [2 O.C. 205.5-1].
o “Authorized designee” is defined in the Law as “an employee identified by a Direct Report
Level position to develop or assist in developing a furlough implementation plan when the
individual employed in the Direct Report Level position is unavailable or requests such
assistance from that employee.” [2 O.C. 205.3-1(b)].
• Effect. By allowing authorized designees to act in the place of a Direct Report
Level position, the Law now addresses situations where a Direct Report Level
position is vacant or subject to placement in furlough status at the time of program
implementation.
▪ That, the HRD shall be required to create the standard template, subject to approval by the OBC,
for the Direct Report Level positions/authorized designees to use when creating their department’s
or division’s furlough implementation plan for approval, the goal of the template being to elicit, at
a minimum, the following information from Direct Report Level positions/authorized designees:
o Which positions within their respective department or division may qualify as a critical
position [2 O.C. 205.5-1(a)(1)(A)];
• “Critical position” is now defined in the Law as “a position of employment within
the Nation that is crucial to governmental functions, including, but not limited to,
health, safety, regulatory compliance and/or revenue generation.” [2 O.C. 205.3-1

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Adf54874d9e799f04. Public record. Not legal advice.