Oneida Business Committee (2024)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
October 2, 2024
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. September 18, 2024 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Life Insurance Plan Law Amendments (pg. 4)
2. Computer Resources Ordinance Amendments (pg. 19)
3. Investigative Leave Policy Amendments (pg. 42)
IV.
New Submissions
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'\
mooao
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
September 18, 2024
9:00 a.m.
Present: Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jennifer Webster
Excused: Jameson Wilson
Others Present: Clorissa N. Leeman, Grace Elliott
Others Present on Microsoft Teams: Krystal John, Fawn Cottrell, Kaylynn Gresham, Kristal Hill,
Maureen Perkins, Rae Skenandore, Mark Powless, Todd Vanden Heuvel, Ralinda NinhamLamberies, Carolyn Salutz, Eric Boulanger, Derrick Denny, Fawn Billie, Michelle Hill, Sarah
White
I.
Call to Order and Approval of the Agenda
Kirby Metoxen called the September 18, 2024, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried
unanimously.
II.
Minutes to be Approved
1. September 4, 2024 LOC Meeting Minutes
Motion by Marlon Skenandore to approve the September 4, 2024, LOC meeting minutes;
seconded by Jennifer Webster. Motion carried unanimously.
III.
Current Business
1. Vehicle Driver Certification and Fleet Management Law Amendments
Motion by Jennifer Webster to approve the adoption packet for the proposed amendments
to the Vehicle Driver Certification and Fleet Management law and forward to the Oneida
Business Committee for consideration; seconded by Jonas Hill. Motion carried
unanimously.
2. Oneida Life Insurance Plan Law Amendments
Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to
the Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried
unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of September 18, 2024
Page 1 of 2
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ONEIDA
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3. Landlord Tenant Law Amendments
Motion by Jennifer Webster to approve the draft of the proposed amendments to the
Landlord Tenant law and direct that a legislative analysis be completed; seconded by
Marlon Skenandore. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Marlon Skenandore to adjourn at 9:12 a.m.; seconded by Jennifer Webster.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of September 18, 2024
Page 2 of 2
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
October 2, 2024
Oneida Life Insurance Plan Law
Amendments
Submission Date: 6/5/24
LOC Sponsor: Jameson Wilson
Public Meeting: N/A
Emergency Enacted: N/A
Summary:
This item added to the Active Files List on June 5, 2024, at the request of the Chief
Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency
amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment
Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute
the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made
beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance
provided that recently a member of the Nation missed the deadline by four (4) days, and there would not
be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined
this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the
LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion
which directed the LOC to bring this Law back for a one (1) year review of its adoption and
implementation.
6/5/24 LOC:
Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
8/26/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,
Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,
Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting
was to discuss how the implementation of the Oneida Life Insurance Plan law went during its
first year, and begin discussions on whether any amendments to the law are necessary at this
time.
8/29/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.
The purpose of this work meeting was to determine what, if any, amendments to make to the
Oneida Life Insurance Plan law based on the information received during the One Year
Review work meeting held on August 26, 2024.
9/4/24 LOC:
Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried
unanimously.
Page 1 of 2
A good mind. A good heart. A strong fire.
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Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida
Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas
Hill. Motion carried unanimously.
9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the
Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried
unanimously.
Next Steps:
Approve the public meeting packet for the proposed amendments to the Oneida Life Insurance
Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting
to be held on November 15, 2024.
A good mind. A good heart. A strong fire.
Page 2 of 2
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ONEIDA
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ONEIDA NATION PUBLIC MEETING NOTICE
FRIDAY, NOVEMBER 15, 2024, 12:15 pm
Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
ONEIDA LIFE INSURANCE PLAN LAW AMENDMENTS
The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the
Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the
Oneida General Welfare law.
The Oneida Life Insurance Plan law amendments will:
Expand the period of time in which it is required to notify the Oneida Trust Enrollment
Department of a decedent’s death in order to distribute Oneida Life Insurance Plan benefits to the beneficiary from one (1) year to three (3) years .
Individuals may attend the public meeting for the proposed Oneida Life Insurance Plan law
amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you
wish to attend the public meeting through Microsoft Teams please contact
LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES FRIDAY, NOVEMBER 22, 2024
During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
ft
For more information on the proposed Oneida Life Insurance Plan law amendments please review the public
meeting packet at oneida-nsn.gov/government/register/public meetings.
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ONEIDA LIFE INSURANCE PLAN LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
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Analysis by the Legislative Reference Office
Expand the period of time in which it is required to notify the Oneida Trust
Enrollment Department of a decedent’s death in order to distribute Oneida
Life Insurance Plan benefits to the beneficiary from one (1) year to three (3)
years. [10 O.C. 1004.5-3].
The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to
the Oneida General Welfare law. [10 O.C. 1004.1-1].
Oneida Trust Enrollment Department, Members of the Nation
A public meeting will be scheduled for November 15, 2024.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in
August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law
is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible
enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. It
is the policy of the Nation to care for its members and their families even after their death. [10 O.C.
1004.1-2]. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable
and expedient distribution to designated beneficiaries. Id. The General Tribal Council, through
resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace
the Oneida Burial Fund. [10 O.C. 1004.1-1(a)]. The General Tribal Council directed implementation
of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries
of the deceased Oneida Nation member. Id. The payment of death benefits through OLIPP to designated
beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community. Id.
B. Request for Amendments. This item added to the Active Files List on June 5, 2024, at the request of
the Chief Financial Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative
Operating Committee consider an emergency amendment to the Law to remove section 1004.5-3 which
provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s
death shall not be processed for distribution.” Finance provided that recently a member of the Nation
missed the deadline by four (4) days, and there would not be an increase in liability is this provision is
removed due to limited staff availability. The Legislative Operating Committee determined this request
did not meet the standard for emergency legislation provided for in section 109.9-5 of the Legislative
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Procedures Act, but decided to add this item to the Active Files List anyways due to the August 20,
2023 Oneida Business Committee motion which directed the Legislative Operating Committee to bring
this Law back for a one (1) year review of its adoption and implementation.
C. One Year Review. When the Oneida Life Insurance Plan law was adopted in August of 2023, the
Oneida Business Committee also directed that the Oneida Life Insurance Plan law be brought back to
the Legislative Operating Committee in one (1) year for review. On August 26, 2024, the Legislative
Operating Committee meet with the Trust Enrollments Department, Finance, and the Oneida Law
Office to discuss the status of implementation of the Oneida Life Insurance Plan law during its first
year, and to begin discussions on whether any amendments to the law are necessary at this time. The
Legislative Operating Committee accepted the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law, on September 4, 2024. Overall, the Trust Enrollments Department,
Finance, and the Oneida Law Office provided that the implementation of the Oneida Life Insurance
Plan law has been smooth and the law is operating as it was intended. Although the Oneida Life
Insurance Plan law is working as intended, the Legislative Operating Committee was asked by Finance
to consider two (2) areas where amendments to the Oneida Life Insurance Plan law could potentially
result in improvements in how the law is administered: (1) Section 1004.5-2(d) and 1004.6-3: regarding
the requirement that funeral expenses be paid directly to the funeral home first before any remaining
funds are paid to beneficiary; and (2) Section 1004.5-3: regarding the notice of death requirement of
one (1) year. Ultimately, the Legislative Operating Committee decided to pursue amendments to the
Oneida Life Insurance Plan law to address the length of time for the notice of death requirement. In the
one (1) year review the Oneida Trust Enrollment Department provided the following statistics that were
current as of August 29, 2024, to provide some perspective on how the Oneida Life Insurance Plan has
been administered during its first year:
Month
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September 2023
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
May 2024
June 2024
July 2024
August 2024
Oneida Life Insurance Plan Law Statistics
Deaths Reported
OLIP Claims
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10
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10
23
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10
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12
9
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17
22
13
10
23
13
9
2
Claims that
Provided a
Beneficiary
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11
9
13
15
19
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10
21
10
8
2
Claims that Did
Not Provide a
Beneficiary
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1
0
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3
0
0
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3
1
0
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Oneida Life Insurance Plan law and this legislative analysis:
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Oneida Law Office;
Finance Administration;
Oneida Trust Enrollments Department; and
Central Accounting.
B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare law; and
Administrative Rulemaking law.
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
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SECTION 6. EXISTING LEGISLATION
A. The development of the proposed amendments to the Oneida Life Insurance Plan law complies with
the process set forth in the Legislative Procedures Act (LPA).
On June 5, 2024, the Legislative Operating Committee added the Oneida Life Insurance Plan law
to its Active Files List.
On September 4, 2024, the Legislative Operating Committee approved the draft of proposed
amendments to the Oneida Life Insurance Plan law.
On September 18, 2024, the Legislative Operating Committee approved the legislative analysis for
the proposed amendments to the Oneida Life Insurance Plan law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
August 26, 2024: LOC work session with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollments Department, and Central Accounting.
August 29, 2024: LOC work session.
A. Expansion of the Timeframe for Noticing the Death of a Decedent. Currently, the Oneida Life
Insurance Plan law requires that the Oneida Trust Enrollment Department be notified within one (1)
year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits
to the beneficiary. [10 O.C. 1004.5-3]. The Oneida Life Insurance Plan law is clear that Oneida Life
Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed
for distribution. Id. The proposed amendments to the Oneida Life Insurance Plan law expand the
amount of time given to notice the Oneida Trust Enrollment Department of the death of a member from
one (1) year to three (3) years. [10 O.C. 1004.5-3].
Effect. The Legislative Operating Committee determined that greater flexibility and consideration
could be given to members of the Nation by increasing the notification period, but ultimately still
wanted to maintain some notice requirement to ensure that claims are not held open indefinitely.
The Legislative Operating Committee determined this is accomplished in the proposed
amendments to the Oneida Life Insurance Plan law that increase the period of time allowed to
notify the Oneida Trust Enrollment Department of a death in order to distribute Oneida Life
Insurance Plan benefits from one (1) year to three (3) years.
A. Related Legislation. The following laws of the Nation are related to this Law:
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Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides
assistance to eligible members on a non-taxable basis, pursuant to the principles of the General
Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal
members. [10 O.C. 1001.1-1].
The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in
accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life
Insurance Plan meets the requirements of the General Test as defined in the Oneida General
Welfare Law. [10 O.C. 1003.4-2].
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida Life
Insurance Plan. [10 O.C. 1004.8-1].
Any rules promulgated by the Oneida Trust Enrollment Department must be done in accordance
with the process and procedures of the Administrative Rulemaking law.
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SECTION 7. OTHER CONSIDERATIONS
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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC116
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
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statement be completed.
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G. and amended by resolution BC-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. 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.
1004.2-4. 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.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
10 O.C. 1004 – Page 2
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(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) yearthree (3) years of the member of the Nation’s death in order to distribute the Oneida Life
Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the
first anniversarythree (3) years of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
10 O.C. 1004 – Page 3
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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-08-23-23-G
Amended – BC-__-__-__-__
10 O.C. 1004 – Page 4
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G and amended by resolution BC-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. 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.
1004.2-4. 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.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
10 O.C. 1004 – Page 2
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(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within
three (3) years of the member of the Nation’s death in order to distribute the Oneida Life Insurance
Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond three (3) years
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
10 O.C. 1004 – Page 3
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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-08-23-23-G
Amended – BC-__-__-__-__
10 O.C. 1004 – Page 4
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
October 2, 2024
Computer Resources
Ordinance Amendments
Submission Date: 5/15/24
LOC Sponsor: Jameson Wilson
Public Meeting: 8/21/24
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on May 15, 2024, at the request of Shane Hill
on behalf of DTS. DTS wants to amend the Computer Resources Ordinance to delegate DTS administrative
rulemaking authority so DTS can develop rules that support and enforce the Computer Resource
Ordinance.
5/15/24 LOC: Motion by Jonas Hill to add the Computer Resource Ordinances amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion
carried unanimously.
5/31/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Jason Doxtator, Shane Hill, Jesse Kujawa, Maureen Perkins. The purpose of this work meeting
was to review the Computer Resources Ordinance and discuss potential amendments to be
made.
6/5/24 LOC:
Motion by Jonas Hill to approve the draft of the proposed amendments to the Computer
Resources Ordinance and direct that a legislative analysis be completed; seconded by Kirby
Metoxen. Motion carried unanimously.
6/19/24 LOC: Motion by Jennifer Webster to approve the legislative analysis of the proposed amendments
to the Computer Resources Ordinance; seconded by Jonas Hill. Motion carried unanimously.
7/1/24:
E-Poll Conducted. This e-poll was titled, Approval of the Computer Resources Ordinance
Amendments Public Meeting Packet. The requested action of this e-poll was to approve the
Computer Resources Ordinance amendments public meeting packet and forward the
Computer Resources Ordinance amendments to a public meeting to be held on August 21,
2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and Kirby
Metoxen. Marlon Skenandore is on a personal leave and therefore did not provide a response
to the e-poll.
7/17/24:
E-Poll Conducted. This e-poll was titled, Approval of the Canceled July 17, 2024 LOC
Meeting Materials. The requested action of this e-poll was to: approve the June 19, 2024
Legislative Operating Committee meeting minutes and forward to the Oneida Business
Committee; approve the adoption packet for the proposed amendments to the Back Pay law
and forward to the Oneida Business Committee for consideration; accept the legislative
analysis for the proposed amendments to the Investigative Leave Policy; accept the
memorandum from James Snitgen and remove the Environmental Review Law from the
Active Files List; add the Petition: L. Blackowl – New Recreation/Community Center Build
Page 1 of 2
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20 of 72
to the Active Files List with Jameson Wilson as the sponsor; accept the status update for the
Petition: L. Blackowl – New Recreation/Community Center Build and forward to the Oneida
Business Committee; enter into the record the results of the July 1, 2024 e-poll entitled,
Approval of the Computer Resources Ordinance Amendments Public Meeting Packet and
approve the Legislative Operating Committee Fiscal Year 2024 Third Quarter Report and
forward to the Oneida Business Committee. This e-poll was approved by Kirby Metoxen,
Jennifer Webster, Jonas Hill, and Jameson Wilson. Marlon Skenandore is on a personal leave
and therefore did not provide a response to the e-poll.
7/26/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Fawn Cottrell, Maureen Perkins, Carolyn Salutz, Grace Elliott, Jason Doxtator, Shane Hill,
Elvis Walkin, Jesse Kujawa. The purpose of this work meeting was to discuss the rulemaking
process as provided for in the Administrative Rulemaking law.
8/21/24:
Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Grace Elliott, Michelle
Braaten, Sharon Mousseau, Jason Doxtator, Jesse Kujawa, Elvis Walkin, Todd Vanden
Heuvel, Josephine Skenandore. A public meeting for the proposed amendments to the
Computer Resources Ordinance was held at the Norbert Hill Center and on Microsoft Teams.
No individuals provided oral comments during the public meeting.
8/28/24:
Public Comment Period Closed. No individuals provided written comment during the public
comment period.
9/4/24 LOC:
Motion by Kirby Metoxen to approve the public comment review memorandum, draft, and
legislative analysis for the proposed amendments to the Computer Resources Ordinance;
seconded by Marlon Skenandore. Motion carried unanimously.
Motion by Marlon Skenandore to approve the fiscal impact statement request memorandum
and forward the materials to the Finance Department directing that a fiscal impact statement
be prepared and submitted to the LOC by September 18, 2024; seconded by Kirby Metoxen.
Motion carried unanimously.
Motion by Kirby Metoxen to enter into the record the results of the July 17, 2024, e-poll
entitled, Approval of the Canceled July 17, 2024 LOC Meeting Materials; seconded by Jonas
Hill. Marlon Skenandore abstained. Motion carried.
Next Steps:
Approve the adoption packet for the Computer Resources Ordinance amendments and
forward to the Oneida Business Committee for consideration.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
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Oneida Nation
=DODDDD=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Jameson Wilson, LOC Chairperson
October 2, 2024
Adoption of Amendments to the Computer Resources Ordinance
Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Computer Resources Ordinance:
1.
2.
3.
4.
5.
6.
Resolution: Amendments to the Computer Resources Ordinance
Statement of Effect: Amendments to the Computer Resources Ordinance
Computer Resources Ordinance Amendments Legislative Analysis
Computer Resources Ordinance Amendments Draft (Redline)
Computer Resources Ordinance Amendments Draft (Clean)
Computer Resources Ordinance Amendments Fiscal Impact Statement
Overview
The purpose of the Computer Resources Ordinance is to regulate the usage of technology resources
and processed data owned and operated by the Nation. [2 O.C. 215.1-1]. Amendments to the
Computer Resources Ordinance are being sought to:
Revise the title and references throughout the Law from “computer resources” to
“technology resources.”
Clarify that users are expected to conduct themselves professionally and to refrain from
using technology resources of the Nation for activities that are inappropriate no matter in
what location the user utilizes the technology resources of the Nation. [2 O.C. 215.5-1].
Clarify that it shall not be deemed an inappropriate use for a user to share information or
evidence regarding the inappropriate use of another user if reporting the inappropriate use
in accordance with the proper reporting structure. [2 O.C. 215.5-2].
Clarify that any standard operating procedure defining excessive use of technology
resources for any user that is an employee of the Nation is required to be developed in
accordance with all other laws and rules of the Nation. [2 O.C. 215.7-1(a)].
Include a new provision in which DTS is delegated rulemaking authority in accordance
with the Administrative Rulemaking law to promulgate rules to govern technology
resources of the Nation. [2 O.C. 215.9-1].
The Legislative Operating Committee developed the proposed amendments to the Computer
Resources Ordinance through collaboration with representatives from Digital Technology
Services. The Legislative Operating Committee held two (2) work meetings on the development
of the amendments to the Computer Resources Ordinance.
The development of the amendments to the Computer Resources Ordinance complies with all
processes and procedures required by the Legislative Procedures Act, including the development
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of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public
meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Computer Resources Ordinance on August 21, 2024. No individuals provided public comments
during this public meeting. The public comment period was then held open until August 28, 2024.
No written comments were received during this public comment period.
The amendments to the Computer Resources Ordinance will become effective on October 23,
2024.
Requested Action
Adopt the Resolution: Amendments to the Computer Resources Ordinance
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Amendments to the Computer Resources Ordinance
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Computer Resources Ordinance (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-09-29-04-B; and
WHEREAS,
the purpose of this Law is to regulate the usage of technology resources and processed
data owned and operated by the Nation; and
WHEREAS,
the amendments to the Law revise the title and references throughout the Law from
“computer resources” to “technology resources”; and
WHEREAS,
the amendments to the Law clarify that users are expected to conduct themselves
professionally and to refrain from using technology resources of the Nation for activities
that are inappropriate no matter in what location the user utilizes the technology resources
of the Nation; and
WHEREAS,
the amendments to the Law clarify that it shall not be deemed an inappropriate use for a
user to share information or evidence regarding the inappropriate use of another user if
reporting the inappropriate use in accordance with the proper reporting structure; and
WHEREAS,
the amendments to the Law clarify that any standard operating procedure defining
excessive use of technology resources for any user that is an employee of the Nation is
required to be developed in accordance with all other laws and rules of the Nation; and
WHEREAS,
the amendments to the Law include a new provision in which Digital Technology Services
is delegated rulemaking authority in accordance with the Administrative Rulemaking law to
promulgate rules to govern technology resources of the Nation; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from Digital Technology Services; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and
WHEREAS,
the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on August 21, 2024,with no individuals providing oral comments, and the public
comment period for the amendments to this Law was held open until August 28, 2024, with
no submission of written comments received; and
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BC Resolution _____________
Amendments to the Computer Resources Ordinance
Page 2 of 2
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NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Computer Resources Ordinance, now known as the Technology Resources law, which shall become
effective on October 23, 2024.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Amendments to the Computer Resources Ordinance
Summary
This resolution adopts amendments to the Computer Resources Ordinance.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: September 20, 2024
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Computer Resources Ordinance. The purpose of the
Computer Resources Ordinance is to regulate the usage of technology resources and processed
data owned and operated by the Nation. [2 O.C. 215.1-1]. Amendments to the Computer Resources
Ordinance are being sought to:
Revise the title and references throughout the Law from “computer resources” to
“technology resources.”
Clarify that users are expected to conduct themselves professionally and to refrain from
using technology resources of the Nation for activities that are inappropriate no matter in
what location the user utilizes the technology resources of the Nation. [2 O.C. 215.5-1].
Clarify that it shall not be deemed an inappropriate use for a user to share information or
evidence regarding the inappropriate use of another user if reporting the inappropriate use
in accordance with the proper reporting structure. [2 O.C. 215.5-2].
Clarify that any standard operating procedure defining excessive use of technology
resources for any user that is an employee of the Nation is required to be developed in
accordance with all other laws and rules of the Nation. [2 O.C. 215.7-1(a)].
Include a new provision in which DTS is delegated rulemaking authority in accordance
with the Administrative Rulemaking law to promulgate rules to govern technology
resources of the Nation. [2 O.C. 215.9-1].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Computer Resources Ordinance amendments complied with all processes and procedures
required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the
opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,
109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Computer Resources Ordinance on August 21, 2024. No individuals provided public comments
during this public meeting. The public comment period was then held open until August 28, 2024.
No written comments were received during this public comment period.
Page 1 of 2
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The amendments to the Computer Resources Ordinance will become effective on October 23,
2024.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Analysis to Draft 1
2024 10 02
COMPUTER RESOURCES ORDINANCE
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
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Analysis by the Legislative Reference Office
Revise the title and references throughout the Law from “computer
resources” to “technology resources.”
Clarify that users are expected to conduct themselves professionally and
to refrain from using technology resources of the Nation for activities that
are inappropriate no matter in what location the user utilizes the
technology resources of the Nation. [2 O.C. 215.5-1].
Clarify that it shall not be deemed an inappropriate use for a user to
share information or evidence regarding the inappropriate use of another
user if reporting the inappropriate use in accordance with the proper
reporting structure. [2 O.C. 215.5-2].
Clarify that any standard operating procedure defining excessive use of
technology resources for any user that is an employee of the Nation is
required to be developed in accordance with all other laws and rules of
the Nation. [2 O.C. 215.7-1(a)].
Include a new provision in which DTS is delegated rulemaking authority
in accordance with the Administrative Rulemaking law to promulgate
rules to govern technology resources of the Nation. [2 O.C. 215.9-1].
The purpose of this law is to regulate the usage of technology resources and
processed data owned and operated by the Nation. [2 O.C. 215.1-1].
DTS, employees, independent contractor personnel, interns, members of
boards, committees or commissions, volunteers, guests, and visitors
A public meeting was held on August 21, 2024. The public comment period
was held open until August 28, 2024. No public comments were received
during the public meeting or comment period.
A fiscal impact statement was provided by the Finance Administration on
September 24, 2024.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Computer Resources Ordinance was originally adopted by the Oneida Business
Committee in 2004 through resolution BC-09-29-04-B. The purpose of the Computer Resources
Ordinance is to regulate the usage of technology resources and processed data owned and operated by
the Nation. [2 O.C. 215.1-1].It is the policy of the Nation to provide its community and employees
access to the tools necessary to participate in a technological society. [2 O.C. 210.1-2].
B. Request for Amendments. On the April 30, 2024, the Legislative Operating Committee received a
request from Shane Hill, Manager of Digital Security with the Digital Technology Services (DTS), to
consider amendments to this law to include a delegation of rulemaking authority to DTS so DTS has
the ability to promulgate rules to support and enforce the Computer Resources Ordinance. The
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Legislative Operating Committee added the Computer Resources Ordinance amendments to its Active
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Computer Resources Ordinance and this legislative analysis:
DTS.
B. The following laws were reviewed in the drafting of this analysis:
Administrative Rulemaking law; and
Oneida Personnel Policies and Procedures.
SECTION 4. PROCESS
A. The development of the proposed amendments to the Computer Resources Ordinance complies with
the process set forth in the Legislative Procedures Act (LPA).
On May 15, 2024, the Legislative Operating Committee added the Computer Resources Ordinance
to its Active Files List.
On June 5, 2024, the Legislative Operating Committee approved the draft of the proposed
amendments to the Computer Resources Ordinance and directed that a legislative analysis be
developed.
On June 19, 2024, the Legislative Operating Committee approved the legislative analysis of the
proposed amendments to the Computer Resources Ordinance.
On July 1, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of
the Computer Resources Ordinance Amendments Public Meeting Packet. The requested action of
this e-poll was to approve the Computer Resources Ordinance amendments public meeting packet
and forward the Computer Resources Ordinance amendments to a public meeting to be held on
August 21, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and
Kirby Metoxen. Marlon Skenandore is on a personal leave and therefore did not provide a response
to the e-poll.
On July 17, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of
the Canceled July 17, 2024 LOC Meeting Materials. One of the approved actions of this e-poll
was to enter into the record the results of the July 1, 2024, e-poll entitled, Approval of the
Computer Resources Ordinance Amendments Public Meeting Packet.
On August 21, 2024, the public meeting was held for the proposed amendments to the Computer
Resources Ordinance. No individuals provided oral comments during the public meeting.
On August 28, 2024, the public comment period closed. No individuals provided written comment
during the public comment period.
On September 4, 2024, the Legislative Operating Committee approved the public comment review
memorandum, draft, and legislative analysis for the proposed amendments to the Computer
Resources Ordinance. The Legislative Operating Committee also approved the fiscal impact
statement request memorandum and forwarded the materials to the Finance Department directing
that a fiscal impact statement be prepared and submitted to the LOC by September 18, 2024. The
Legislative Operating Committee also entered into the record the results of the July 17, 2024, epoll entitled, Approval of the Canceled July 17, 2024 LOC Meeting Materials.
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On September 24, 2024, the Finance Administration provided the Legislative Operating
Committee with the fiscal impact statement for the proposed amendments to the Computer
Resources Ordinance.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Computer Resources Ordinance:
May 31, 2024: LOC work session with DTS.
July 26, 2024: LOC work session with DTS.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Computer to Technology Resources. The proposed amendments to the Law change the title and
references throughout the Law from “computer resources” to “technology resources.” Technology
resources is defined as any tools, systems, and applications that use technology to fulfill their purposes.
[2 O.C. 215.3-1(e)]. The Law provides that technology resources may include, but are not limited to,
computers, tablets, telephones, facsimile machines, photocopiers, networks, virtual applications, and
software, such as internet connectivity and access to internet services and electronic mail. Id.
Effect. The revised title sand references throughout the Law are more inclusive of the fact that the
Nation uses many different forms of technology beyond just computers, and the amendments
demonstrate that the Law should apply to all technology used within the Nation, not just computers.
B. Location of Inappropriate Personal Use. Currently, the Law provides that users are expected to
conduct themselves professionally and to refrain from using technology resources of the Nation for
activities that are inappropriate. [2 O.C. 215.5-1]. The proposed amendments to the Law add in
clarification that users are expected to conduct themselves professionally and to refrain from using
technology resources of the Nation for activities that are inappropriate no matter in what location the
user utilizes the technology resources of the Nation. Id.
Effect. The proposed amendments to the Law recognize that the same expectations apply even
though some users of the Nation may be using technology resources of the Nation from a variety
of locations, especially with the ability for some employees of the Nation to telecommute.
C. Reporting Inappropriate Use. The proposed amendments to the Law add in a new section that clarifies
that it shall not be deemed an inappropriate use for a user to share information or evidence regarding
the inappropriate use of another user if reporting the inappropriate use in accordance with the proper
reporting structure. [2 O.C. 215.5-2].
Effect. The Legislative Operating Committee intended that this new provision to the Law make it
very clear that a user who may forward on or share information or evidence regarding the
inappropriate use of another use will not be found to be engaging in an inappropriate use if using
the information or evidence to report the inappropriate use of another use in accordance with the
proper reporting structure.
D. Development of Standard Operating Procedures. Currently the Law provides that supervisors are
authorized to develop standard operating procedures defining excessive use for users subject to the
Nation’s personnel policies and procedures and who are under the supervisor’s authority. [2 O.C. 215.71(a)]. The proposed amendments to the Law add further clarification into the Law by providing that
supervisors are authorized to develop standard operating procedures defining excessive use of
technology resources for any user that is an employee of the Nation and subject to the supervisor’s
authority, in addition to the fact that any standard operating procedure is required to be developed in
accordance with all other laws and rules of the Nation. Id.
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Effect. The proposed amendment to the Law clarifies that any standard operating procedure
developed by a supervisor needs to be developed in accordance with all other laws and rules of the
Nation. It is important that there is consistency throughout the laws, rules, and standard operating
procedures of the Nation and that no conflicts exist between the various levels of regulations.
E. Delegation of Administrative Rulemaking Authority. The proposed amendments to the Law add in a
new provision in which DTS is delegated rulemaking authority in accordance with the Administrative
Rulemaking law to promulgate rules to govern technology resources of the Nation. [2 O.C. 215.9-1].
Effect. The Administrative Rulemaking law provides that only authorized agencies may
promulgate rules once they are granted rulemaking authority by a law of the Nation. [1 O.C. 106.41]. This new provision of the Law delegates DTS rulemaking authority in accordance with the
Administrative Rulemaking law. This delegation of rulemaking authority will allow DTS to
develop rules to best govern the technology resources of the Nation.
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SECTION 6. EXISTING LEGISLATION
A. References to the Other Laws of the Nation. The following laws of the Nation are referenced in the
Computer Resources Ordinance.
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
This Law provides that employee violations of this law are subject to discipline in
accordance with the Nation’s laws governing employment. [2 O.C. 215.10-3].
Any disciplinary action against an employee for a violation of the Computer Resources
Ordinance is required to be conducted in accordance with the Oneida Personnel Policies
and Procedures.
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
This Law delegates rulemaking authority to DTS to promulgate rules to govern technology
resources of the Nation. [2 O.C. 215.9-1].
Any rules promulgated by DTS are required to be developed in accordance with the process
and procedures of the Administrative Rulemaking law.
B. Other Laws that Reference the Computer Resources Ordinance. The following laws of the Nation
reference the Computer Resources Ordinance. The proposed amendments to the Law do not conflict
with any of the referenced laws.
Social Media Policy. The Social Media Policy regulates social media accounts, including a social
networking web page, blog or microblog, that is administered on behalf of the Tribe or a Tribal
entity. [2 O.C. 218.1-1].
The Social Media Policy is not intended to provide a right for employees to use the internet
or social media while at work for personal use. [2 O.C. 218.1-3]. Supervisors retain
discretion to permit or prohibit the personal use of computers in accordance with the
Computer Resources Ordinance. Id.
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Boards, Committees, and Commissions Law. The Boards, Committees, and Commissions law
governs boards, committees, and commissions of the Nation, including the procedures regarding
the appointment and election of persons to boards, committees and commissions, creation of
bylaws, maintenance of official records, compensation, and other items related to boards,
committees and commissions [1 O.C. 105.1-1].
The Boards, Committees, and Commissions law provides that a member of an entity shall
sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the
Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(d)].
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SECTION 7. OTHER CONSIDERATIONS
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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC154
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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Conclusion. The Legislative Operating Committee received a fiscal impact statement from the
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Finance Administration on September 24, 2024.
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Title 2. Employment – Chapter 215
COMPUTERTECHNOLOGY RESOURCES ORDINANCE
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215.1
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Acceptable Use
Inappropriate Personal Use
Privacy
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215.8
Limitations on Use
ComputerTechnology Resources Acknowledgment
Form
215.9
215.910
Administrative Rulemaking Authority
Violations
215.1 Purpose and Policy.
215.1-1. Purpose. The purpose of this policylaw is to regulate the usage of Triballytechnology
resources and processed data owned and operated computer resourcesby the Nation.
215.1-2. Policy. It is the policy of the TribeNation to provide its community and employees access
to the tools necessary to participate in a technological society. Allowing limited personal use of
these tools helps enhance the quality of the workplace and helps the TribeNation to retain highly
qualified and skilled workers and officials, as well as to develop the technological skills of the
community. Pursuant to this law, users are permitted limited use of Tribal computertechnology
resources of the Nation for personal needs if the use does not interfere with the authorized duties
of the user or official business of the TribeNation.
(a) This law does not create a right to use Tribal computertechnology resources of the
Nation for personal use.
(b) This law in no way limits use of computertechnology resources to fulfill authorized
duties.
215.2 Adoption, Amendment, Repeal.
215.2-1. This law was adopted by the Oneida Business Committee by resolution BC Resolution
#-0 9-29-04-B and effective immediately upon passage of thatamended by resolution. BC-__-____-__.
215.2-2. This law may be amended or repealed by the Oneida Business Committee in accordance
withor the Oneida legislative and administrativeGeneral Tribal Council pursuant to the procedures
set out in the Legislative Procedures Act.
215.2-3. 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.
215.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this law are hereby repealed unless specifically reenacted after adoption of this law. Specifically, the following resolution is repealed by this law:
BC-3-3-99-A (Adoption of Computer Resources Acceptable Use Policy).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.
215.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of
WisconsinNation.
215.3 Definitions.
215.3-1. This section shall govern the definitions of words and phrases used within this law. All
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words not defined herein shall be used in their ordinary and everyday sense.
(a) Computer Resources means Tribally owned personal computers, networks, and
software, including Internet connectivity and access to internet services and electronic-mail
(e-mail). Limitations and monitoring of computer resources may also include, peripheral
equipment, such as personal digital assistants (PDAs), telephones, facsimile machines, and
photocopiers, only to the extent that the peripheral equipment is used in conjunction with
Tribal personal computers and software.
(b) Employee means an individual employed by the Oneida Tribe of Indians of Wisconsin.
(a) “Employee” means any individual who is employed by the Nation but does not include
elected or appointed officials or individuals employed by a corporation chartered by the
Nation.
(b) “DTS” means the Digital Technology Services.
(c) MIS“Nation” means the Oneida Management Information Systems Department.
Nation.
(d) “Personal Useuse” means computerany technology resource use that is conducted for
purposes other than accomplishing an authorized activity or official business of the
TribeNation.
(e) Tribe means the Oneida Tribe of Indians of Wisconsin.
(f) User means all those who use the Tribal computer resources(e) “Technology
Resources” means any tools, systems, and applications that use technology to fulfill their
purposes. Technology resources may include, but are not limited to, computers, tablets,
telephones, facsimile machines, photocopiers, networks, virtual applications, and software,
such as internet connectivity and access to internet services and electronic mail.
(f) “User” means any individual who uses the technology resources of the Nation, including
but not limited to employees, independent contractor personnel, interns, members of boards,
committees or commissions, volunteers, guests, and visitors.
215.4 Acceptable Use.
215.4-1. Users may utilize computertechnology resources for authorized activities.
215.4-2. Users may engage in personal use of computertechnology resources when such use does
not interfere with the mission or operations of the entity in control of the resources and does not
violate applicable personnel policies andlaws, rules, or standard operating procedures of the
Nation.
215.4-3. Employees may engage in limited personal use of computertechnology resources if the
usage does not violate section 215.5-1 of the law or standards enacted pursuant to section 215.7-1
of the law.
215.5 Inappropriate Personal Use.
215.5-1. Users are expected to conduct themselves professionally and to refrain from using Tribal
computertechnology resources of the Nation for activities that are inappropriate. no matter in what
location the user utilizes the technology resources of the Nation. Misuse or inappropriate personal
use of Tribal computertechnology resources of the Nation includes:
(a) Any personal use that could cause congestion, delay, or disruption of service to the
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network. For exampleThis may include, but is not limited to, downloading video, sound
or other large file attachments that can degrade performance of the entire network.
(b) The creation, copying, transmission, or retransmission of chain letters or unauthorized
mass mailings regardless of the subject matter. An unauthorized mass mailing is a mailing
sent to fifty (50) or more addresses without the permission of the employeesemployee’s
supervisor.
(c) Using Tribal computertechnology resources of the Nation for activities that are illegal.
(d) Using Tribal computertechnology resources of the Nation for activities that are
offensive to fellow users. Such activities include:, but are not limited to, hate speech, or
material that ridicules another individual on the basis of race, creed, religion, color, sex,
disability, national origin, or sexual orientation.
(e) The creation, download, viewing, storage, copying, or transmission of sexually explicit
or sexually oriented materials.
(f) Posting unauthorized information to external newsgroups, bulletin boards, or other
public forums.
(g) The unauthorized acquisition, use, reproduction, transmission, or distribution of any
controlled information including computer software and data, that includes, copyrighted,
trade marked or material with other intellectual property rights (, beyond fair use),, or
proprietary data.
(h) Unauthorized use of another usersuser’s password or account.
(i) Excessive personal use of the internet pursuant to section 215.7-1 (a).) of this law.
(j) Maintenance of a private business without proper authorization.
(k) Transmission of computer viruses or other malicious code.
215.5-2. It shall not be deemed an inappropriate use for a user to share information or evidence
regarding the inappropriate use of another user if reporting the inappropriate use in accordance
with the proper reporting structure.
215.6 Privacy.
215.6-1. All activities on computerusing technology resources of the Nation may be monitored,
intercepted, recorded, read, copied, or captured by MISDTS to ensure user compliance with this
ordinance. law. Use of computertechnology resources, authorized or unauthorized, constitutes
consent to this monitoring, interception, recording, reading, copying, or capturing.
215.6-2. This policylaw in no way creates a right to privacy in computertechnology resource
usage. Users should not expect privacy in their usage, including accessing personal e-mail,
brokerage, credit card, and bank accounts through the internet.
215.7 Limitations on Use.
215.7-1. The privilege to use Tribal computerthe technology resources of the Nation for personal
use may be revoked or limited. If the user is subject to the Tribes personnel policiesNation’s
laws and proceduresrules governing employment, the supervisor may revoke or limit the privileges
of that user.
(a) Supervisors are hereby authorized to develop standard operating procedures defining
excessive use for users of technology resources for any user that is an employee of the
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Nation and subject to the Tribes personnel policies and procedures and who are under the
supervisorssupervisor’s authority. TheseAny standard operating procedure shall be
developed in accordance with all other laws and rules of the Nation. The standard operating
procedures may also establish the appropriate times to use computertechnology resources
for personal use. Supervisors mustshall provide adequate notice of the terms of thoseany
standard operating procedures to all individuals covered by such procedures.
(b) Tribal entities, agencies, or departments that provide computertechnology resources to
community members or to the public may adopt usage policies not inconsistent with this
ordinancelaw or rules developed in accordance with this law.
215.8 ComputerTechnology Resources Acknowledgment Form.
215.8-1. Users shall receive a copy of the ComputerTechnology Resources Ordinancelaw and
Computer Resources Acknowledgmenttechnology resources acknowledgment form. All users
shall sign the Acknowledgment Formacknowledgment form in order to gain or continue access to
computertechnology resources. of the Nation.
215.9 Administrative Rulemaking Authority.
215.9-1. DTS shall be delegated rulemaking authority in accordance with the Administrative
Rulemaking law to promulgate rules to govern technology resources of the Nation.
215.10 Violations.
215.910-1. Violations of the law or any rule adopted in accordance with this law may result in
limitation on use of or a loss of access to the computertechnology resources. of the Nation.
215.910-2. The Oneida TribeNation reserves the right to advise law enforcement officials of
suspected crimeillegal activity found within a users computeruser’s technology resources and
provide them such resources as evidence.
215.910-3. Employee violations of this law are subject to the Oneida Tribes progressive
disciplinary policies contained in the Tribes personnel policies and procedures, up to and
including termination. discipline in accordance with the Nations laws governing employment.
End.
Emergency Adopted -– BC # 3-03-24-04-A (Emergency Adoption)
Adopted -– BC # 9-09-29-04-B (Permanent Adoption)
Amended – BC-__-__-__-__
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Title 2. Employment – Chapter 215
TECHNOLOGY RESOURCES
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215.1
215.2
215.3
215.4
215.5
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Acceptable Use
Inappropriate Personal Use
215.6
215.7
215.8
215.9
215.10
Privacy
Limitations on Use
Technology Resources Acknowledgment Form
Administrative Rulemaking Authority
Violations
215.1 Purpose and Policy.
215.1-1. Purpose. The purpose of this law is to regulate the usage of technology resources and
processed data owned and operated by the Nation.
215.1-2. Policy. It is the policy of the Nation to provide its community and employees access to the
tools necessary to participate in a technological society. Allowing limited personal use of these tools
helps enhance the quality of the workplace and helps the Nation to retain highly qualified and skilled
workers and officials, as well as to develop the technological skills of the community. Pursuant to
this law, users are permitted limited use of technology resources of the Nation for personal needs if
the use does not interfere with the authorized duties of the user or official business of the Nation.
(a) This law does not create a right to use technology resources of the Nation for personal
use.
(b) This law in no way limits use of technology resources to fulfill authorized duties.
215.2 Adoption, Amendment, Repeal.
215.2-1. This law was adopted by the Oneida Business Committee by resolution BC-0 9-29-04-B
and amended by resolution BC-__-__-__-__.
215.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
215.2-3. 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.
215.2-4. 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.
215.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
215.3 Definitions.
215.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Employee” means any individual who is employed by the Nation but does not include
elected or appointed officials or individuals employed by a corporation chartered by the Nation.
(b) “DTS” means the Digital Technology Services.
(c) “Nation” means the Oneida Nation.
(d) “Personal use” means any technology resource use that is conducted for purposes other than
accomplishing an authorized activity or official business of the Nation.
(e) “Technology Resources” means any tools, systems, and applications that use technology to
fulfill their purposes. Technology resources may include, but are not limited to, computers,
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tablets, telephones, facsimile machines, photocopiers, networks, virtual applications, and
software, such as internet connectivity and access to internet services and electronic mail.
(f) “User” means any individual who uses the technology resources of the Nation, including but
not limited to employees, independent contractor personnel, interns, members of boards,
committees or commissions, volunteers, guests, and visitors.
215.4 Acceptable Use.
215.4-1. Users may utilize technology resources for authorized activities.
215.4-2. Users may engage in personal use of technology resources when such use does not
interfere with the mission or operations of the entity in control of the resources and does not violate
applicable laws, rules, or standard operating procedures of the Nation.
215.4-3. Employees may engage in limited personal use of technology resources if the usage does
not violate section 215.5-1 of the law or standards enacted pursuant to section 215.7-1 of the law.
215.5 Inappropriate Personal Use.
215.5-1. Users are expected to conduct themselves professionally and to refrain from using
technology resources of the Nation for activities that are inappropriate no matter in what location the
user utilizes the technology resources of the Nation. Misuse or inappropriate personal use of
technology resources of the Nation includes:
(a) Any personal use that could cause congestion, delay, or disruption of service to the
network. This may include, but is not limited to, downloading video, sound or other large file
attachments that can degrade performance of the entire network.
(b) The creation, copying, transmission, or retransmission of chain letters or unauthorized
mass mailings regardless of the subject matter. An unauthorized mass mailing is a mailing
sent to fifty (50) or more addresses without the permission of the employee’s supervisor.
(c) Using technology resources of the Nation for activities that are illegal.
(d) Using technology resources of the Nation for activities that are offensive to fellow users.
Such activities include, but are not limited to, hate speech, or material that ridicules another
individual on the basis of race, creed, religion, color, sex, disability, national origin, or
sexual orientation.
(e) The creation, download, viewing, storage, copying, or transmission of sexually explicit
or sexually oriented materials.
(f) Posting unauthorized information to external newsgroups, bulletin boards, or other public
forums.
(g) The unauthorized acquisition, use, reproduction, transmission, or distribution of any
controlled information including software and data, that includes, copyrighted, trade marked
or material with other intellectual property rights, beyond fair use, or proprietary data.
(h) Unauthorized use of another user’s password or account.
(i) Excessive personal use of the internet pursuant to section 215.7-1(a) of this law.
(j) Maintenance of a private business without proper authorization.
(k) Transmission of computer viruses or other malicious code.
215.5-2. It shall not be deemed an inappropriate use for a user to share information or evidence
regarding the inappropriate use of another user if reporting the inappropriate use in accordance with
the proper reporting structure.
2 O.C. 215 – Page 2
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215.6 Privacy.
215.6-1. All activities using technology resources of the Nation may be monitored, intercepted,
recorded, read, copied, or captured by DTS to ensure user compliance with this law. Use of
technology resources, authorized or unauthorized, constitutes consent to this monitoring,
interception, recording, reading, copying, or capturing.
215.6-2. This law in no way creates a right to privacy in technology resource usage. Users should
not expect privacy in their usage, including accessing personal e-mail, brokerage, credit card, and
bank accounts through the internet.
215.7 Limitations on Use.
215.7-1. The privilege to use the technology resources of the Nation for personal use may be
revoked or limited. If the user is subject to the Nation’s laws and rules governing employment, the
supervisor may revoke or limit the privileges of that user.
(a) Supervisors are hereby authorized to develop standard operating procedures defining
excessive use of technology resources for any user that is an employee of the Nation and
subject to the supervisor’s authority. Any standard operating procedure shall be developed in
accordance with all other laws and rules of the Nation. The standard operating procedures
may also establish the appropriate times to use technology resources for personal use.
Supervisors shall provide adequate notice of the terms of any standard operating procedures
to all individuals covered by such procedures.
(b) Tribal entities, agencies, or departments that provide technology resources to community
members or to the public may adopt usage policies not inconsistent with this law or rules
developed in accordance with this law.
215.8 Technology Resources Acknowledgment Form.
215.8-1. Users shall receive a copy of the Technology Resources law and technology resources
acknowledgment form. All users shall sign the acknowledgment form in order to gain or continue
access to technology resources of the Nation.
215.9 Administrative Rulemaking Authority.
215.9-1. DTS shall be delegated rulemaking authority in accordance with the Administrative
Rulemaking law to promulgate rules to govern technology resources of the Nation.
215.10 Violations.
215.10-1. Violations of the law or any rule adopted in accordance with this law may result in
limitation on use of or a loss of access to the technology resources of the Nation.
215.10-2. The Nation reserves the right to advise law enforcement officials of suspected illegal
activity found within a user’s technology resources and provide them such resources as evidence.
215.10-3. Employee violations of this law are subject to discipline in accordance with the Nations
laws governing employment.
End.
2 O.C. 215 – Page 3
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Emergency Adopted – BC-03-24-04-A
Adopted – BC-09-29-04-B
Amended – BC-__-__-__-__
2 O.C. 215 – Page 4
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"
FINANCE ADMINISTRATION GDDDOD=
Fiscal Impact Statement ONEIDA
MEMORANDUM
TO:
RaLinda Ninham-Lamberies, Chief Financial Officer
FROM:
Rae Skenandore, Senior Analyst/Budget Coordinator
DATE:
September 24, 2024
RE:
Fiscal Impact of the Amendments to the Computer Resource Ordinance Law
I.
Estimated Fiscal Impact Summary
Law: Amendments to the Computer Resource Ordinance Law
I Draft 1
Implementing Agency
Digital Technology Services (DTS)
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
10 days, in compliance with the Legislative Procedures Act
Current Fiscal Year
10 Year Estimate
No Fiscal Impact
No Fiscal Impact
II.
Background
This Law was originally adopted by the Oneida Business Committee in 2004 through resolution
BC-09-29-04-B.
The purpose of this law is to regulate the usage of technology resources and processed data
owned and operated by the Nation.
According to the Legislative Reference Office (LRO), the amendments to the law include the
following.
Revise the title and references from “computer resources” to “technology resources.”
Clarify that users are expected to display professional conduct.
Clarify that it is appropriate to share information or evidence regarding the inappropriate
use of another user in accordance with the proper reporting structure.
1
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Clarify that any standard operating procedure defining excessive use of technology
resources for any user that is an employee of the Nation must be developed in accordance
with all other laws and rules of the Nation.
Includes a new provision in which Digital Technology Services is delegated rulemaking
authority in accordance with the Administrative Rulemaking law to promulgate rules to
govern technology resources of the Nation.
III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office, documentation
costs, as well as an estimate of the amount of time necessary for an agency to comply with the
Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any funds to
the legislation.
The analysis was completed based on the information provided as of the date of this memo.
IV.
Findings
As stated, this Law has been in place since 2004. There are no start-up costs, no increases in
personnel are needed, and no increases in office or documentation costs. The implementing
agencies are prepared to implement all changes when approved.
V.
Financial Impact
There is no fiscal impact of implementing this legislation.
VI.
Recommendation
Finance does not make a recommendation about a course of action in this matter. Rather, it is
the purpose of this analysis to disclose the potential financial impact of this legislation, so that
the Oneida Business Committee and General Tribal Council has the information with which to
render a decision.
2
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
October 2, 2024
Investigative Leave Policy Amendments
Submission Date: 2/6/19
LOC Sponsor: Marlon Skenandore
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
Summary: This item was carried over from the last three (3) terms. In February 2019, the Nation’s
Human Resources Department requested amendments to this law to address investigative
enforcement. Amendments to the law are being sought to delegate authority to investigators to put
employees on investigative leave, instead of just the supervisor of the employee, and discipline
employees. An amendment was also sought so that if terminated, an employee would be ineligible for
employment with the Nation but may request forgiveness after five (5) years. This item was added to
the Active Files List in conjunction with a request for amendments to the Oneida Personnel Policies
and Procedures and the Workplace Violence law.
10/7/20 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to
the Active Files List with David Jordan as the sponsor; seconded by Marie Summers.
Motion carried unanimously.
10/10/22:
Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,
Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn
Salutz, Grace Elliott. This was an introductory meeting to open discussions around
the Investigative Leave Policy and any potential additional amendments including
but not limited to amending the leave to a paid status rather than unpaid.
11/29/22:
Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,
Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn
Salutz, Grace Elliott. This meeting continued discussions around delegating
authority to investigators so that they are empowered act quickly to ensure a safe
work environment; and, to amend the policy in a comprehensive manner that more
accurately reflects its investigative purpose. The comprehensive amendment
discussion included but was not limited to paid leave, continuation of benefits and
credit for service time.
12/19/22:
Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,
Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn
Salutz, Grace Elliott. This purpose of this meeting was to review draft language
Page 1 of 4
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43 of 72
implementing proposed amendments, and to discuss the use of investigative leaves
in other Laws.
12/21/22:
Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Marie
Cornelius, Kirby Metoxen, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The
purpose of this meeting was to gather feedback from the LOC on amending the
Investigative Leave Policy from unpaid leave to paid leave. The consensus was to
move forward with drafting paid leave options for consideration.
01/12/23:
Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Kristal
Hill, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The purpose of the meeting
was to gather direction from the LOC on whether an objective of the Investigative
Leave Policy should be to consolidate all investigative leave policies in one Law.
Consensus from the members present supported moving in a consolidated direction,
to be considered further in conjunction with HRD at another meeting scheduled
January 20th, 2023.
01/20/23:
Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel
Guzman, Carolyn Salutz, Clorissa Leeman, Grace Elliott, Todd Vanden Heuvel,
Matthew Denny, Joshua Cottrell, Peggy Van Gheem, Whitney Wheelock, Wendy
Alvarez. This was a work meeting held through Microsoft Teams. The purpose of
this meeting was to begin review of the draft paid investigative leave language.
1/26/23 LOC: Present: David Jordan, Jennifer Webster, Kirby Metoxen, Daniel
Guzman, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this
meeting was to update with a review of edits drafted based on suggestions from the
prior meeting.
2/13/23:
Work meeting. Present: Brenda Mendolla-Buckley, Carolyn Salutz, Chad Fuss,
Clorissa Leeman, Debra Powless, Derrick King, Grace Elliott, Kathleen King, Lorna
Skenandore, Lucy Neville, Mark Powless, Peggy Van Gheem, Sarah White. The
purpose of this meeting was to solicit feedback and share information regarding
amendments under consideration, and the Investigative Leave Policy in general, with
the General Managers and their delegates.
2/17/23:
Work Meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Daniel
Guzman, Debra Powless, Mark Powless, Peggy Van Gheem, Wendy Alvarez,
Matthew Denny, Whitney Wheelock, Rita Reiter, Todd Vanden Heuvel, Grace
Elliott. The purpose of this meeting was to consider feedback and review an
amended and proposed final draft Investigative Leave Policy.
3/7/23:
Work Meeting. Present: Kirby Metoxen, Marie Cornelius, Daniel Guzman, Jennifer
Webster, Clorissa Leeman, Carolyn Salutz, Matthew Denny, Rhiannon Metoxen,
Derrick King, Lorna Skenandore, Donna Smith, Joshua Cottrell, Rita Reiter, Wendy
Alvarez, Louise Cornelius, Kristal Hill, Mark Powless, Debra Powless, Todd
Vanden Heuvel, Grace Elliott. The purpose of this meeting was to continue
development of potential paid and unpaid aspects of an investigative leave.
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~
ONEIDA
44 of 72
3/24/23:
Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel
Guzman, Todd Vanden Heuvel, Lorna Skenandore, Derrick King, Mark Powless,
Wendy Alvarez, Debra Powless, Matthew Denny, Kristal Hill, Donna Smith, Grace
Elliott. The purpose of this meeting was to discuss the extent to which benefits will
be made available on investigative leave, and to continue to develop notice criteria,
lines of authority and responsibilities.
4/28/23:
Work Meeting. Present: David Jordan, Marie Cornelius, Daniel Guzman, Debra
Powless, Peggy Van Gheem, Todd Vanden Heuvel, Whitney Wheelock, Wendy
Alvarez, Laura Laitinen-Warren, Derrick King, Rita Reiter, Rhiannon Metoxen,
Lorna Skenandore, Daniel Habeck. The purpose of this meeting was to evaluate
various options for specific sections of the law.
5/3/23:
Work Meeting. David Jordan, Marie Cornelius, Daniel Guzman, Kirby Metoxen,
Clorissa Leeman, Kristal Hill, Matthew Denny. The purpose of this meeting is to
evaluate options for specific sections of the Law that had evolved through discussion
at the previous meeting.
10/4/23 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to the
Active Files List with Marlon Skenandore as the sponsor; seconded by Jonas Hill.
Motion carried unanimously.
1/8/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon
Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn
Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy
Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney
Wheelock, Carolyn Salutz. The purpose of this meeting was to provide an
introduction to the Investigative Leave law and begin review of the law.
3/4/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon
Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn
Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy
Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney
Wheelock. The purpose of this meeting was to review the law with a particular focus
on amendments that were made pursuant to the January 8, 2024, meeting.
4/30/24:
Work Meeting. Present: Kirby Metoxen, Jameson Wilson, Marlon Skenandore, Grace
Elliott, Fawn Cottrell, Kristal Hill, Peggy Van Gheem, Todd Vanden Heuvel,
Matthew Denny, Mark Powless, Lucy Neville, Maureen Perkins, Carolyn Salutz,
Fawn Billie. The purpose of this meeting was to review the final draft of the
Investigative Leave law for any additional amendments.
5/15/24 LOC: Motion by Jonas Hill to approve the draft of the Investigative Leave Policy
amendments and direct that a legislative analysis be developed; seconded by Marlon
Skenandore. Motion carried unanimously.
7/17/24 LOC: E-poll. The Legislative Operating Committee conducted an e-poll entitled, Approval
of the Canceled Approval of the Canceled July 17, 2024 LOC Meeting Materials. The
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requested action of this e-poll was to: approve the June 19, 2024 Legislative Operating
Committee meeting minutes and forward to the Oneida Business Committee; approve
the adoption packet for the proposed amendments to the Back Pay law and forward to
the Oneida Business Committee for consideration; accept the legislative analysis for
the proposed amendments to the Investigative Leave Policy; accept the memorandum
from James Snitgen and remove the Environmental Review Law from the Active Files
List; add the Petition: L. Blackowl – New Recreation/Community Center Build to the
Active Files List with Jameson Wilson as the sponsor; accept the status update for the
Petition: L. Blackowl – New Recreation/Community Center Build and forward to the
Oneida Business Committee; enter into the record the results of the July 1, 2024 e-poll
entitled, Approval of the Computer Resources Ordinance Amendments Public Meeting
Packet, and approve the Legislative Operating Committee Fiscal Year 2024 Third
Quarter Report and forward to the Oneida Business Committee. This e-poll was
approved by Kirby Metoxen, Jennifer Webster, Jonas Hill, and Jameson Wilson.
Marlon Skenandore is on a personal leave and therefore did not provide a response to
the e-poll.On July 30, 2024, the Legislative Operating Committee conducted an e-poll
entitled, Approval of the Investigative Leave Policy Amendments Public Meeting
Packet. The requested action of this e-poll was to approve the Investigative Leave
Policy amendments public meeting packet and forward the Investigative Leave Policy
amendments to a public meeting to be held on September 13, 2024. This e-poll was
approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and Kirby Metoxen.
Marlon Skenandore is on a personal leave and therefore did not provide a response to
the e-poll.
7/30/24:
On July 30, 2024, the Legislative Operating Committee conducted an e-poll entitled,
Approval of the Investigative Leave Policy Amendments Public Meeting Packet. The
requested action of this e-poll was to approve the Investigative Leave Policy
amendments public meeting packet and forward the Investigative Leave Policy
amendments to a public meeting to be held on September 13, 2024. This e-poll was
approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and Kirby Metoxen.
Marlon Skenandore is on a personal leave and therefore did not provide a response to
the e-poll.
9/13/24:
Public Meeting Held. On September 13, 2024, the public meeting was held for the
proposed amendments to the Investigative Leave Policy. No individuals provided oral
comments during the public meeting.
9/20/24:
Public Comment Period Closed. Zero (0) people provided written comments during the
public comment period.
Next Steps:
•
•
Approve the public comment review memorandum, draft, and legislative analysis for the
proposed amendments to the Investigative Leave Policy.
Approve the fiscal impact statement request memorandum and forward the materials to
the Finance Department directing that a fiscal impact statement be prepared and submitted
to the LOC by October 16, 2024.
Page 4 of 4
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~
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46 of 72
Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
=DODDOO
ONEIDA
Legislative Operating Committee (LOC)
Grace Elliott, Legislative Reference Office, Staff Attorney
October 2, 2024
Investigative Leave Policy Amendments: Public Comment Review
On September 13, 2024, a public meeting was held regarding the proposed amendments to the
Investigative Leave Policy. The public comment period was then held open until September 20,
2024. No public comments were received during the public meeting or the public comment period
on this legislative item. The public meeting draft and public meeting transcript are attached to this
memorandum for review.
Page 1 of 1
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Title 2. Employment – Chapter 208
INVESTIGATIVE LEAVE LAWPOLICY
208.1 Purpose and Policy
208.2 Adoption, Amendment, Repeal
208.3 Definitions
208.4 Scope
208.5 Authorization
208.6 Employee Notice
208.7 Investigator(s) and Reports
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208.8 Duration
208.9 Employee Responsibilities
208.10 EnforcementPay and Benefits
208.11 AppealEnforcement
208.12 ConfidentialityAppeal
208.13 Confidentiality
208.1 Purpose and Policy
208.1-1
The purpose of this lawPolicy is to set forth a process to address investigative
leave for employees undergoing work-related investigations.
208.1-2.
It is the policy of the Oneida Tribe of the NationIndians of Wisconsin to conduct
objective, confidential investigations into alleged employee misconduct.maintain confidentiality
and avoid undue influence when conducting an investigation into an employee’s alleged wrong
doings.
208.2 Adoption, Amendment, Repeal
208.2-1. This lawpolicy was adopted by the Oneida Business Committee by resolution BC-0407-99-A, and amended by resolution BC-08-13-14-D, and BC-06-24-15-A, and BC-_-_-_-_.
208.2-2. This lawpolicy may be amended or repealed by the Oneida Business Committee or
the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
208.2-3. Should a provision of this lawpolicy or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this
lawpolicy which are considered to have legal force without the invalid portions.
208.2-4. In the event of a conflict between a provision of this lawpolicy and a provision of
another lawpolicy, the provisions of this lawpolicy shall control.
208.2-5. This lawpolicy is adopted under authority of the Constitution of the Oneida Nation.
Tribe of Indians of Wisconsin.
208.3 Definitions
208.3-1. This section shall governs the definitions of words and phrases used within this
lawPolicy. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Day” means calendar day.
(a)(b) “Employee” shall means any individual who is employed by the NationTribe 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 any program or enterprise of
the Tribe, but does not include elected or appointed officials or individuals employed by
a corporation chartered by the Nation.political appointees.
(b)(c) “Investigative leave” shall means a temporary absence from an employee’sregular
job duties for the purpose of conducting an investigation into alleged employee
misconduct.to determine whether conduct or alleged conduct by an employee should
result in disciplinary action and/or termination of employment.
(d) “Nation”“Tribal” or “Tribe” shall means the Oneida Nation.Tribe of Indians of
2 O.C. 208 – Page 1
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Wisconsin.
(c)(e) “Workplace” means any location owned and operated by the Nation, any location
where employees are staffing an event sponsored by the Nation, and any location where
an employee represents the Nation, including over-the-road travel in Nation owned or
rented vehicles and any circumstances where an employee is being reimbursed for
expenses.
208.4 Scope
208.4-1. An employee shall be placed on investigative leave when a situation requires an
investigation be conducted and one (1) of the following occurs:
(a) The nature and severity of the alleged violation, or alleged illegal activity, is
significant; including but not limited to:A situation requires an investigation be
conducted and the employee’s presence may influence the outcome.
(1) Workplace violence;
(2) Sexual harassment;
(3) Theft;
(4) Arson, bribery, or perjury; or
(5) Obstruction or interference with an investigation authorized by the Nation.
(a)(b) The employee’s presence in the workplace may result in the destruction of
evidence relevant to the investigation, result in loss or damage to property of the Nation,
or otherwise damage legitimate interests of the Nation; including, but not limited to
classified, privileged, proprietary, financial or medical records; and the privacy of
individuals whose data the Nation holds in its systems.
(c) The employee’s presence in the workplace may pose an unacceptable risk to the life,
safety, health, or personal property of employees, contractors, vendors or visitors to a
facility of the Nation.
(b)(d) An employee allegedly commits an act which would preclude the employee from
meeting employment eligibility including required lLicenses, the Tribal fFidelity bBond,
commercial crime policy, or bBackground iInvestigation requirements.
208.4-2. This policy shall not be used as a form of discipline.
208.4-2. Investigative leave shall include:
(a) Up to forty-five (45) days without loss of or reduction in:
(1) Pay;
(2) Credit for time or service;
(3) Benefits to which the employee is otherwise entitled to under the Nation’s
laws governing employment, except that:
(A) Personal and vacation time shall not accrue.
(b) After forty-five (45) days on paid investigative leave an employee may use their
personal and vacation time.
(c) After forty-five (45) days on paid investigative leave and the expiration of any
personal and vacation time all pay and benefits shall cease.
(d) After forty-five (45) days of paid investigative leave, an employee shall receive backpay and benefits for any time the employee was on unpaid investigative leave pursuant to
the laws governing back-pay if they return to their position at the conclusion of the
investigation.
2 O.C. 208 – Page 2
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208.5 Authorization
208.5-1. InvestigativeThis leave, or an extension of this leave, shall only be used: when an
employee’s supervisor receives prior approval from the Human Resources Department Manager
or his or her designee and:
(a) their Division Director; or When initiated by the Executive Director of the Human
Resource Department with concurrent written notice to the employee’s supervisor; or
(b) if there is no Division Director, the person at the highest level of the chain of
command. When initiated by an employee’s supervisor after receiving written approval
from the Executive Director of the Human Resource Department or their designee, and:
(1) Their division director; or
(2) If there is no division director, the person at the highest level of the chain of
command under the Oneida Business Committee.
208.5-2. If the Human Resources Department Manager or his or her designee and the Division
Director or his or her equivalent do not agree with placing the employee on investigative leave,
then the final decision shall rest with the Human Resources Department Manager or his or her
designee.
208.5-23. The prior approvalApproval requested in 208.5-1(b) shall be granted or denied by the
Executive Director of the Human Resource Department within forty-eight (48) hours of
receiving the request.
208.5-3. An investigative leave shall initially be authorized for a period of forty-five (45) days.
(a) If the investigative leave is not projected to conclude within forty-five (45) days, the
initial authorizer(s) may review and authorize the extension of the investigative leave
until such time that a safe and equitable determination may reasonably be reached.
208.5-4. During the investigative leave, the employee’s supervisor shall authorize an
alternative work assignment if all the following occur:
(a) The alleged action does not preclude the employee from working elsewhere in the
organization;
(b) An alternative work assignment is available; and
(c) The employee meets the minimum job requirements of the alternative work assignment.
208.5-5. If an employee is placed in an alternative work assignment under section 208.5-4, the
alternative work assignment shall be considered a part of the investigative leave and the
employee shall continue to receive their same rate of pay.
208.6 Employee Notice
208.6-1. When the employee is placed on investigative leave, the employee shall immediately
receive a written notice from the employee’s supervisor, or if the employee’s supervisor is
unavailable, their designee of equal or greater authority; the notice shall contain the following:
(a) The specific allegation(s) being investigated;This action does not denote any
wrongdoing on the part of the employee.
(b) The employee shall be on unpaid status, unless he or she is placed in an alternative
work assignment;The employee remains an employee of the Nation.
(c) The alternative work assignment, if appropriate;Clear documentation regarding the
status of pay and benefits while on investigative leave.
(d) The expected length of the investigation;The definition of business hours as it
pertains to the employee’s particular area of employment.
(e) Whether or not the investigation is being forwarded to an outside agency;The specific
2 O.C. 208 – Page 3
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allegation(s) being investigated.
(f) The telephone number and name of person to contact in case of questions;The
expected length of the investigation.
(g) The procedures to return to work upon completion of the investigation; andWhether
or not the investigation is being forwarded to an outside agency.
(h) That the employee still remains as an employee with the Tribe.The telephone number,
email address, and name of person to contact in case of questions.
(i) The employee shall surrender all property of the Nation pursuant to section 208.9-1(c).
(j) The procedures to return to work upon completion of the investigation.
(h) Employee responsibilities pursuant to section 208.9.
208.6-2. If the employee’s investigative leave is projected to extended past the initial forty-five
(45)original fifteen (15) calendar days pursuant to section 208.5-38-1, the supervisor or their
designee of equal or greater authority shall immediately notice the employee in writing of this
extension and the reason for the extension at least ten (10) days prior to the expiration of the
initial forty-five (45) days. The notice shall contain the following:
(a) That the employee remains an employee of the Nation.
(b) Clear documentation regarding the cessation of pay and benefits.
(c) The definition of business hours as it pertains to the employee’s particular area of
employment.
(d) The expected length of the investigation.
(e) The telephone number, email address, and name of the person to contact in case of
questions.
(f) Employee responsibilities pursuant to section 208.9.
208.7 Investigator(s) and Reports
208.7-1. The Executive Director of the Human Resource Department, in collaboration with the
supervisor,employee’s supervisor and/or area manager shall be responsible for designating the
individual or agency responsible for completing the investigation. If the employee being
investigated reports directly to the Oneida Business Committee, the Tribal Equal Employment
Opportunity Officer shall either conduct the investigation or serve as the point of contact and
coordinator for the investigative agency.
208.7-2. If the allegations against the employee include criminal actions, or actions that may
affect licensing, the supervisor mayshall conclude the employment related investigation without
waiting for the results of a criminal or licensing investigation.
(a) Documentation of criminal proceedings or licensing outcomes shall be maintained in
the employee’s personnel file within the Human Resource Department.
208.7-3. The person(s) conducting an investigation shall prepare a written report that shall
include the findings of the investigation, and if someone other than the employee’s supervisor
conducts the investigation, a copy of the written report shall be provided to the employee’s
supervisor. If someone other than the employee’s supervisor conducts the investigation, within
forty-eight (48) hours of receiving the written report, the supervisor shall complete the
investigation by determining and documenting any corrective actions needed.
208.7-4. The employee’s supervisor shall prepare a memorandum based on the information
produced during the investigationwritten report which shall be provided to the employee and
shall inform the employee of the following:
(a) Ccorrective actions needed based on the written report, if any; and
2 O.C. 208 – Page 4
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(1) Should the supervisor choose not to follow the corrective action recommended
by the investigator(s), they shall provide written notice and justification to the
Executive Director of the Human Resource Department.
(b) Wwhen to return to work, if applicable. and/or what disciplinary action will be taken
against the employee based on the report; and
(c) Aa redacted copy of the written report will be made available to the employee upon
request.only in the event the employee appeals any disciplinary action.
208.8 Duration
208.8-1. An investigative leave shall conclude when the investigation has produced sufficient
information and verifiable facts for the employee’s supervisor and the Executive Director of the
Human Resource Department to make a reasonable determination on workplace safety and
employee status; documentation of that determination has been recorded in permanent files, and
the employee has either returned to work or separated from their employment.be no longer than
fifteen (15) calendar days, with the ability to extend one (1) time for an additional fifteen (15)
calendar days with a valid explanation of the reason for the extension. The extension shall be
determined by the same individuals who placed the employee on investigative leave in section
208.5-1. However, if the investigation is forwarded to an outside agency, these timelines shall
not apply.
208.8-2. All investigations shall be completed as expeditiously as circumstances permit. The
supervisor shall provide weekly updates to the Executive Director of the Human Resource
Department, or if an outside entity is conducting the investigation, the Equal Employment
Opportunity Officer shall provide the weekly updates.
Investigative leave shall end upon
any of the following occurrences:
(a) the expiration of the fifteen (15) calendar day time limit, if applicable;
(b) the expiration of the fifteen (15) calendar day extension if granted;
(c) termination of the employee’s employment based on the investigation;
(d) the employee’s return to work based on the written report submitted to the employee after
an investigation is completed; or
(e) the employee chooses to resign or retire.
208.9 Employee Responsibilities
208.9-1. An employee placed on investigative leave shall:
(a) Not report to work or the worksite without prior supervisory approval;
(1) Written permission to enter a public work site and the conditions thereof may
be included in the employee notice.
(b)
Abide by all Tribal laws and policies; andNot discuss the investigation with
employees or post information related to the investigation on social media pursuant to
section 208.12-1.
(c) Surrender all property of the Nation in their possession including but not limited to:
(1) Time keeping badge(s),
(2) Identification card(s),
(3) Laptop(s),
(4) Vehicles and key(s),
(5) Cell phone.
2 O.C. 208 – Page 5
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(dc) Fully cooperate with the investigation as requested by those conducting the
investigation.
(e) Respond to all inquiries within twenty-four (24) business hours.
208.10 Pay and Benefits
208.10-1. Paid leave shall not be authorized.
208.10-2. An employee placed on investigative leave shall not receive any wages or benefits
unless placed in an alternative work assignment. If the employee refuses the alternative work
assignment and is returned to work, the employee shall not receive any back pay or benefits.
208.10-3. If an alternative work assignment is not available, the employee may use his or her
accrued vacation and/or personal time while on investigative leave.
208.10-4. An employee shall receive back pay and benefits for the time the employee was on
investigative leave pursuant to the Back Pay Policy if all of the following occur:
(a) The employee was not offered an alternative work assignment when placed on
investigative leave; and
(b) The employee is returned to his or her position; and
(c) The employee is not disciplined based on the investigation.
208.101 Enforcement
208.101-1. Any employee found violating this lawPolicy shall be subject to discipline in
accordance with the Nation’sTribe’s laws and policies governing employment.personnel policies
and procedures.
208.10-2. Failure by the employee to respond to inquiries within twenty-four (24) business hours
will result in the termination of paid investigative leave and immediately shift the employee to
unpaid status.
208.112 Appeal
208.112-1. An employee may appeal any disciplinary action arising out of an investigation in
accordance with the Nation’s laws and policies governing employment.Tribe’s personnel
policies and procedures.
208.123 Confidentiality
208.123-1. Information related to an investigation is confidential and may not be released in any
manner, including social media, except only be released in accordance with relevant laws. and
personnel policies and procedures.
208.123-2. All investigation materials shall be maintained in the employee’s personnel file with
the Human Resources Department.
End.
OBC Approved 4-07-99-A
Amended- 08-13-14-D
Amended – BC-06-24-15-A
Amended _ BC-__-__-__-__
2 O.C. 208 – Page 6
r-' \
53 of 72
GODOOO
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE
PUBLIC MEETING
Investigative Leave Policy Amendments
Norbert Hill Center Business Committee Conference Room and Microsoft Teams
September 13, 2024
12:15 p.m.
Present: Kirby Metoxen, Kristal Hill, Grace Elliott, Brooke Doxtator, Todd Vanden Heuvel,
Matthew Denny, Whitney Wheelock, Carolyn Salutz.
Kirby Metoxen: The Legislative Operating Committee is hosting this public meeting to gather
feedback from the community regarding these legislative proposals. The public meeting is not a
question and answer period. The LOC will review and consider all comments received during the
public comment period. The LOC will respond to all comments received in a memorandum,
which will be submitted in a meeting material of a future LOC meeting.
All persons who wish to be present, or to present oral testimony in person need to register in the
sign in sheet, individuals who wish to present oral testimony on Microsoft Teams, please raise
your hand and you will be called on. And I'm just going to ask if you two can help me monitor
that, I'm going to try to keep track of that. If you leave an e-mail address on the sign in sheet or
the chat on Microsoft Teams with your name, we can ensure you receive a copy of the public
comment review memorandum.
Additionally, written comments may be submitted to the Nation’s Secretary’s office, or to the
LRO Legislative Reference Office in person, by US mail, interoffice mail, e-mail, fax, as
provided on the Public Meeting Notice. These comments must be received by close of business
day on Friday, September 20th, 2024.
In attendance from the LOC is Councilman Kirby Metoxen, myself.
The LOC may impose a time limit on all speakers pursuant to the Section 109.8-3(c) of the
Legislative Procedures Act. As the presiding LOC member, I am imposing a time limit of 5
minutes per person. This time limit shall be applied equally to all persons.
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of September 13, 2024
Page 1 of 5
54 of 72
We will now begin today's public meeting for the proposed amendments to the Investigative
Leave.
The purpose of this law is to set forth a process to address investigative leave for employees
undergoing work related investigations.
The Investigative Leave amendments will be, now, just, we got quite a bit here, so I'm going to
read through these, so just be patient with me, and so I won't be seeing the monitor, if you guys
see a hand up, please let me know.
Clarify the severity of an alleged violation may be warrant on investigative leave and provide
examples. These are some of the amendments we’re looking at:
Clarifying the type of risks that an investigative leave is intended to protect against.
Prevent undue financial harm to an employee placed on investigative leave.
Eliminate unpaid status for the employees placed on investigative leave for up to 45 days.
Balance the intention to prevent undue financial harm to an employee placed on investigative
leave with the Nation's fiscal responsibilities by shifting the employee to an unpaid status when
an investigation cannot be safely concluded within 45 days.
Clarifying that an employee may use their personal and vacation time if the investigative leave
extends past the 45 days.
Provide a written, provide that when an employee was, has used all their personal and vacation
time up, all pay, and benefits stop.
Extend the authority to initiate an investigative leave to include the Executive Director of the
Human Resource Department.
Clarify that when there is no division director, a supervisor must secure, a supervisor must secure
authorization from the person at the highest level in the chain of command under the Business
Committee prior to placing an employee on investigative leave.
Delegate the authority to designating the individual or agency responsible for completing the
investigation to the Executive Director of Human, the director of HRD and the supervisor, instead
of the employee supervisor and/or area manager.
Delete the requirement that equal employment officer always conducts the investigation if the
employee being investigated reports directly to the business committee and instead provide that
they may also serve as a liaison to an investigating agency when that is more appropriate.
Eliminate the option for a supervisor to place an employee in an alternative work assignment
while on investigative leave.
Expand the requirement that notice to the employee placed on investigative leave must contain.
The additional requirements are as follows:
o The employee must surrender all property of the Nation.
o Clear documentation regarding the status of pay and benefits.
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of September 13, 2024
Page 2 of 5
~
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The definition of “business hours.”
The employee is required to respond to inquiries within 24 hour business hours to remain
on paid investigative leave within the first 45 days.
o Whether the investigation has been referred to an outside agency.
o List of employee’s responsibilities.
o E-mail address of the person the employee may contact if they have questions related to
the investigative leave.
Also extend the extend the issuance of the second notice to the employee placed on investigative
leave from 15 days to 35 days.
Clarify that the second notice must provide the employees placed on the investigative leave with
the following information:
o That the employee remained an employee of the Nation.
o Clear documentation regarding the sensation of pay cessation of pay and benefits.
o The definition of business hours as it pertains to the employee’s particular area of
employment.
o The expected length of the investigation.
o The telephone number, e-mail and name of the person to contact with questions.
o The employee's responsibilities.
Eliminate the requirement that a supervisor must conclude an investigation without waiting for
the conclusion of a criminal or licensing matter.
Eliminate the requirement that investigative leave must close upon the passing of 15 days plus a
possible extension of 15 days unless an outside agency is conducting the investigation, and
instead allow the decision makers to close an investigative leave when a reasonable determination
based on verifiable facts can be made. Two more pages here.
Expedite investigations by adding the requirements that the supervisor or the EEO officer which
is overseeing the investigation provide the Executive Director of the Human Resource
Department with weekly updates on the investigation.
Eliminate the provision that requires the supervisor to conclude an investigation within 48 hours
of receiving the investigative report when someone else is conducting the investigation.
Provide the employee who was placed on investigative leave with the redacted copy of the
investigative report when requested, instead of only providing the redacted report to an employee
who files an appeal.
Require the supervisor to provide a written notice and justification to the Executive Director of
the Human Resource Department, if they choose not to follow the corrective action recommended
by the investigators.
Expand an employee's responsibilities when they are placed on an investigative leave to include
the surrender of all property of the Nation.
Respond to any inquiries within 24 business hours and not share anything related to the
investigation on social media.
Create the option for an exception, for an exception to be made to the complete prohibition of the
employee who is placed on investigative leave entering any public worksite, if and only if it is
o
o
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of September 13, 2024
Page 3 of 5
~
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determined that access is necessary, safe, appropriate, and the specific conditions under which
access may be allowed are provided for in the notice to the employee.
Require that the employee placed on investigative leave respond to all inquiries within 24 hours,
business hours.
So now those who wish to speak, please raise your hand. Please state your name when you make
the comment, and we have no one signed in here.
So, we're open and we will stay open. I think it's 15 minutes. So, is it 15 minutes from now or 15
minutes from when we started? If you say it’s from now, it's from now. I would have went with
from when I started. Yes. So, we'll wait.
I don't see any hands up there, you guys. All those that have called in are on, on virtually thank
yous for listening in. I was going to say chiming in, but nobody's “chimed” yet. Matt, Todd.
So, we're just in silence waiting for 15 minutes bell ring to ring. Otherwise, with there being no
more speakers, we will continue to wait, just in case anybody runs in in the 11th hour here.
But keeping in mind those that are online, that written comments may be submitted until the
close of business day on Friday, September 20th, 24, which I think is next week Friday.
So, it looks like we'd be keeping this open until about 12:40, I think is when we'd be pretty good.
And I'll just continue to sit here and wait.
And we have about 5 more minutes for this last 15 minutes to wait, and I'll continue to sit and
wait. And I guess the 15 minutes is our due diligence, of, you know, just giving the general
public, time to get here, if they choose. That we don't shut it down, “Nobody's here. Shut it
down.” you know, give them some time.
Okay, and I guess we're getting ready to wrap things up here. We waited 15 minutes after the
proposed amendments were read, and with there being no more speakers, this public meeting for
the proposed amendment to the Investigative Leave law is now closed at 12:40 PM.
Written comments may still be submitted until the close of business day on Friday, September
20th, 2024.
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of September 13, 2024
Page 4 of 5
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57 of 72
So Matt, if you have anything you want to send in by Friday, September 20th, 2024, at 4:30 PM.
Thank you. And make it a great day.
-End of Meeting-
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of September 13, 2024
Page 5 of 5
~
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58 of 72
Analysis to Draft 1
2024 07 17
INVESTIGATIVE LEAVE LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Legislation or
Amendments
Analysis by the Legislative Reference Office
Clarify the severity of an alleged violation that may warrant an investigative
leave and provide examples. [2 O.C. 208.4-1(a)].
Clarify the type of risks that an investigative leave is intended to protect against.
[2 O.C. 208.4-1(b)].
Prevent undue financial harm to an employee placed on investigative leave. [2
O.C. 208.4-2(a)].
Eliminate unpaid status for the employee placed on investigative leave for up
to forty-five (45) days. [2 O.C. 208.4-2(a)].
Balance the intention to prevent undue financial harm to an employee placed
on investigative leave with the Nation’s fiscal responsibilities by shifting the
employee to unpaid status when an investigation cannot be safely concluded
within forty-five (45) days. [2 O.C. 208.4-2(c)].
Clarify that an employee may use their personal and vacation time if the
investigative leave extends past forty-five (45) days. [2 O.C. 208.4-2(b)].
Provide that when an employee has used their personal and vacation time up all
pay and benefits stop. [2 O.C. 208.4-2(c)].
Extend the authority to initiate an investigative leave to include the Executive
Director of the Human Resource Department. [2 O.C. 208.5-1(a)].
Clarify that when there is no division director a supervisor must secure
authorization from the person at the highest level in the chain of command
under the Oneida Business Committee prior to placing an employee on
investigative leave. [2 O.C. 208.5-1(b)(2)].
Delegate the authority for designating the individual or agency responsible for
completing the investigation to the Executive Director of the Human Resource
Department and the supervisor, instead of the employee’s supervisor and/or
area manager. [2 O.C. 208.7-1].
Delete the requirement that the Equal Employment Officer always conducts the
investigation if the employee being investigated reports directly to the Oneida
Business Committee and instead provide that they may also serve as a liaison
to an investigating agency when that is more appropriate. [2 O.C. 208.7-1].
Eliminate the option for a supervisor to place an employee in an alternate work
assignment while on investigative leave. [2 O.C. 208.9-1(a)].
Expand the requirements that notice to the employee placed on investigative
leave must contain. The additional requirements are as follows: [2 O.C. 208.61].
Page 1 of 12
59 of 72
Analysis to Draft 1
2024 07 17
The employee must surrender all property of the Nation. [2 O.C. 208.61(i)].
Clear documentation regarding the status of pay and benefits. [2 O.C.
208.6-1(c)].
The definition of business hours. The employee is required to respond
to inquiries within twenty-four (24) business hours to remain on paid
investigative leave within the first forty-five (45) days. [2 O.C. 208.61(d)].
Whether the investigation has been referred to an outside agency. [2
O.C. 208.6-1(g)].
List of the employee’s responsibilities. [2 O.C. 208.6-1(k)].
Email address of the person the employee may contact if they have
questions related to the investigative leave. [2 O.C. 208.6-1(h)].
Extend the issuance of the second notice to the employee placed on
investigative leave from fifteen (15) days to thirty-five (35) days. [2 O.C.
208.6-2].
Clarify that the second notice must provide the employee placed on
investigative leave with the following information: [2 O.C. 208.6-2].
That the employee remains an employee of the Nation. [2 O.C. 208.62(a)].
Clear documentation regarding the cessation of pay and benefits. [2
O.C. 208.6-2(b)].
The definition of business hours as it pertains to the employee’s
particular area of employment. [2 O.C. 208.6-2(c)].
The expected length of the investigation. [2 O.C. 208.6-2(d)].
The telephone number, email address, and name of the person to
contact with questions. [2 O.C. 208.6-2(e)].
The employee’s responsibilities. [2 O.C. 208.6-2(f)].
Eliminate the requirement that a supervisor must conclude an investigation
without waiting for the conclusion of a criminal or licensing matter. [2 O.C.
208.9-1(a)].
Eliminate the requirement that an investigative leave must close upon the
passing of fifteen (15) days, plus a possible extension of fifteen (15) days,
unless an outside agency is conducting the investigation and instead allow the
decision makers to close an investigative leave when a reasonable
determination based on verifiable facts can be made. [2 O.C. 208.8-1].
Expedite investigations by adding a requirement that the supervisor, or the EEO
Officer (whichever is overseeing the investigation), provide the Executive
Director of the Human Resource Department with weekly updates on the
investigation. [2 O.C. 208.8-2].
Eliminate the provision that requires the supervisor to conclude an investigation
within forty-eight (48) hours of receiving the investigative report when
someone else is conducting the investigation. [2 O.C. 208.8-1].
Provide the employee who was placed on investigative leave with a redacted
copy of the investigative report when requested, instead of only providing the
redacted report to an employee who files an appeal. [2 O.C. 208.7-4(c)].
Require the supervisor to provide written notice and justification to the
Executive Director of the Human Resource Department if they choose not to
follow the corrective action recommended by the investigator(s). [2 O.C.
208.7-4(a)(1)].
Page 2 of 12
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Analysis to Draft 1
2024 07 17
Expand an employee’s responsibilities when on an investigative leave to
include the surrender of all property of the Nation, respond to any inquires
within twenty-four (24) business hours, and not share anything related to the
investigation on social media. [2 O.C. 208.10-2. 2 O.C. 208.12-1].
Create the option for an exception to be made to the complete prohibition of
the employee who is placed on investigative leave entering any public worksite;
if, and only if, it is determined that access is necessary, safe, appropriate, and
the specific conditions under which access may be allowed are provided for in
the notice to the employee. [2 O.C. 208.9-1(a)(1)].
Require that the employee placed on investigative leave respond to all inquiries
within twenty-four (24) business hours. [2 O.C. 208.9-1(e)].
The purpose of this law is to set forth a process to address investigative leave for
employees undergoing work-related investigations. [2 O.C. 208.1-1].
Oneida Nation employees.
Workplace Violence law, Back Pay law, Oneida Personnel Policies and Procedures,
Computer Resources Ordinance, Judiciary law, and Oneida Judiciary Rules of Civil
Procedure.
Any employee who violates this law is subject to discipline in accordance with the
Nation’s laws and policies governing employment. The employee who is the
subject of the investigation shall be moved to unpaid status if during the forty-five
(45) day paid leave period the employee fails to respond to an inquiry within
twenty-four (24) business hours. [2 O.C. 208.10-2].
An employee may appeal any disciplinary action arising out of an investigation in
accordance with the Nation’s laws and policies governing employment. [2 O.C.
208.11-1].
A public meeting was held on September 13, 2024. The public comment period
was held open until September 20, 2024. No public comments were received
during the public meeting or comment period.
A fiscal impact statement prepared in accordance with the Legislative Procedures
Act has not yet been requested.
Purpose
Affected Entities
Related Legislation
Enforcement
Due Process
Public Meeting
Fiscal Impact
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Investigative Leave Policy was originally adopted by the Oneida Business
Committee by motion on April 7, 1999, and then through resolutions BC-08-13-14-D, and BC-06-2415-A. The Investigative Leave Policy provides the Nation and its employees with a consistent
framework for investigating serious allegations against an employee that protects the Nation and its
employees while also preventing undue harm to the employee who is the subject of the investigation
and has not yet been determined to have committed any wrongdoing. [2 O.C. 208.1-1].
B. Request for Amendments. This item was carried over from the last three (3) terms. In February 2019,
the Nation’s Human Resources Department requested amendments to this law to address investigative
enforcement. Amendments to the law are being sought to delegate authority to investigators to put
employees on investigative leave, instead of just the supervisor of the employee, and discipline
employees. An amendment was also sought so that if terminated, an employee would be ineligible for
employment with the Nation but may request forgiveness after five (5) years. This item was added to
the Active Files List in conjunction with a request for amendments to the Oneida Personnel Policies
Page 3 of 12
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Analysis to Draft 1
2024 07 17
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and Procedures and the Workplace Violence law. The current sponsor of the Investigative Leave
Policy amendments is Councilman Marlon Skenandore.
SECTION 3. CONSULTATION AND OUTREACH
•
•
Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
Human Resources Department (HRD);
Oneida Law Office;
Gaming; and
General Manager.
The following laws of the Nation were reviewed in the drafting of this analysis:
Back Pay law;
Workplace Violence law;
Pardon and Forgiveness law;
Computer Resources Ordinance;
Oneida Personnel Policies and Procedures;
Judiciary law; and
Oneida Judiciary Rules of Civil Procedure.
SECTION 4. PROCESS
A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files
List for amendments.
On October 3, 2023, the Legislative Operating Committee added this Law to its Active Files
List for amendments.
On May 15, 2024, the Legislative Operating Committee approved the draft of the Investigative
Leave Policy amendments and directed that a legislative analysis be developed.
On July 17, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval
of the Canceled July 17, 2024 LOC Meeting Materials.The requested action of this e-poll was
to: approve the June 19, 2024 Legislative Operating Committee meeting minutes and forward
to the Oneida Business Committee; approve the adoption packet for the proposed amendments
to the Back Pay law and forward to the Oneida Business Committee for consideration; accept
the legislative analysis for the proposed amendments to the Investigative Leave Policy; accept
the memorandum from James Snitgen and remove the Environmental Review Law from the
Active Files List; add the Petition: L. Blackowl – New Recreation/Community Center Build to
the Active Files List with Jameson Wilson as the sponsor; accept the status update for the
Petition: L. Blackowl – New Recreation/Community Center Build and forward to the Oneida
Business Committee; enter into the record the results of the July 1, 2024 e-poll entitled,
Approval of the Computer Resources Ordinance Amendments Public Meeting Packet, and
approve the Legislative Operating Committee Fiscal Year 2024 Third Quarter Report and
forward to the Oneida Business Committee. This e-poll was approved by Kirby Metoxen,
Jennifer Webster, Jonas Hill, and Jameson Wilson. Marlon Skenandore is on a personal leave
and therefore did not provide a response to the e-poll.
Page 4 of 12
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Analysis to Draft 1
2024 07 17
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On July 30, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval
of the Investigative Leave Policy Amendments Public Meeting Packet. The requested action of
this e-poll was to approve the Investigative Leave Policy amendments public meeting packet
and forward the Investigative Leave Policy amendments to a public meeting to be held on
September 13, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson
Wilson, and Kirby Metoxen. Marlon Skenandore is on a personal leave and therefore did not
provide a response to the e-poll.
On September 13, 2024, the public meeting was held for the proposed amendments to the
Investigative Leave Policy. No individuals provided oral comments during the public meeting.
On September 20, 2024, the public comment period closed. No individuals provided written
comment during the public comment period.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
October 10, 2022: LOC work meeting with HRD.
November 11, 2022: LOC work meeting with HRD.
December 19, 2022: LOC work meeting with HRD.
December 21, 2022: LOC work session.
January 20, 2023: LOC work meeting with HRD.
On January 26, 2023: LOC work session.
February 13, 2023: LOC work meeting with HRD, Oneida Law Office, and Gaming.
February 17, 2023: LOC work meeting with HRD and Oneida Law Office.
March 7, 2023: LOC work meeting with HRD and Gaming.
March 24, 2023: LOC work meeting with HRD and Gaming.
April 28, 2023: LOC work meeting with HRD, Gaming, and Oneida Law Office.
May 3, 2023: LOC work meeting with HRD.
January 8, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.
March 3, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.
April 30, 2024: LOC work meeting with HRD, Gaming, and Oneida Law Office.
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SECTION 5. CONTENTS OF THE LEGISLATION (OR AMENDMENTS)
A. Types of Alleged Violations and the Risks an Investigative Leave is Designed to Protect Against.
The proposed amendments to the Law clarify the nature and severity of the type of an alleged
violation that may rise to a level to warrant an investigative leave and examples are listed. [2 O.C.
208.4-1(a)]. The Law currently only identifies that an investigative leave shall be used when the
employee allegedly commits an act which would preclude the employee from meeting employment
eligibility requirements. [2 O.C. 208.4-1(d)]. The proposed amendments to the Law also clarify
some of the risks that an investigative leave is intended to protect against by providing several
examples of the Nation’s resources and interests that may be put at risk if the employee were to
remain in the workplace. [2 O.C. 208.4-1(b). 2 O.C. 208.4-1(c)].
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Effect. Identifying the types of allegations and risks that an investigative leave is intended to
protect against will make it easier to identify when an investigative leave should be utilized
and that in turn will provide greater protections by facilitating a swift response.
B. Paid and Unpaid Investigative Leave. The proposed amendments to the Law eliminate unpaid
status for the employee placed on investigative leave for up to forty-five (45) days and provides for
them to use their personal and vacation time if the investigative leave extends past forty-five (45)
days. [2 O.C. 208.4-2(a). 208.4-2(b)]. Currently, an investigative leave is unpaid unless the
employee is placed in an alternate work assignment. [2 O.C. 208.5-5]. The proposed amendments
to the Law provide that upon the expiration of forty-five (45) days and the employee’s personal
and vacation time, all pay, and benefits will stop. [2 O.C. 208.4-1(c))]. The proposed amendments
to the law also require the employee to respond to inquiries within twenty-four (24) business hours
and if they fail to respond within the twenty-four (24) hour time frame they will immediately be
shifted to unpaid status. [2 O.C. 208.9-1(e)]. The proposed amendments to the Law add protections
for the employee placed on investigative leave while also balancing the Nation’s fiscal
responsibilities.
Effect. The proposed amendments to the Law prevent undue financial harm to an employee
placed on investigative by allowing them to be paid for up to forty-five (45) days and then to
use their personal and vacation time after that. Employees placed on investigative will not be
paid or retain benefits after the expiration of forty-five (45) days on investigative leave and the
exhaustion of the employee’s vacation and personal time, or, if the employee does not respond
to an inquiry within twenty-four (24) business hours.
C. Authority to Initiate an Investigative Leave. The proposed amendments to the Law extend the
authority to initiate an investigative leave to include the Executive Director of the Human Resource
Department. [2 O.C. 208.5-1(a)]. The Law currently only authorizes the supervisor to initiate an
investigative leave. [Currently 2 O.C. 208.5-1]. However, the seriousness of an allegation that
might justify an investigative leave requires a swift response and the Executive Director of the
Human Resource Department or their designee may be in the best position to initiate an
investigative leave when the supervisor and their division director are not both readily available.
When the Executive Director of the Human Resource Department initiates an investigative leave,
they shall provide notice to the employee’s supervisor at the same time. The proposed amendments
to the Law also clarify that prior to placing an employee on investigative leave a supervisor must
secure authorization from both the Executive Director of the Human Resource Department and the
supervisor’s division director, if there is no division director, the person at the highest level of the
chain of command under the Oneida Business Committee. [2 O.C. 208.5-1(b)].
Effect. The Executive Director of the Human Resource Department is authorized to initiate an
investigative leave and the authorizations that a supervisor must secure prior to initiating an
investigative leave are clarified.
D. Authority to Designate the Individual or Agency to Conduct the Investigation. The proposed
amendments to the Law delegate authority to designate the individual or agency to conduct the
investigation to the Executive Director of the Human Resource Department and the supervisor,
instead of the employee’s supervisor and/or area manager. [2 O.C. 208.7-1)]. The proposed
amendments to the Law also provide that when the employee being investigated reports directly to
the Oneida Business Committee the Equal Employment Officer does not automatically serve as the
investigator but may alternatively serve as a liaison to an investigating agency. [2 O.C. 208.7-1].
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Effect. The Executive Director of the Human Resource Department and the supervisor
designate the individual or agency to conduct the investigation. The Equal Employment Officer
may conduct an investigation or serve as the liaison to the agency conducting the investigation.
These amendments provide greater flexibility and efficiency in designating the individual or
agency that is responsible for conducting the investigation.
E. Alternate Work Assignments. The proposed amendments to the Law eliminate the provision
allowing a supervisor to place an employee who is on investigative leave in another position within
the Nation. [2 O.C. 208.5-4]. The types of harms that an investigative leave is intended to protect
against are serious enough that placing the employee in an alternate work assignment during an
investigation may not be prudent.
Effect. The proposed amendments to the Law completely remove the employee from the
workplace which eliminates the potential opportunity to cause harm to the Nation and its
resources.
F. Initial Employee Notice. The proposed amendments to the Law expand the requirements that
notice to the employee placed on investigative leave must contain. [2 O.C. 208.6-1(a-k)]. The Law
currently requires notice to the employee to include: the specific allegations being investigated; the
employee is on unpaid status unless placed in an alternative work assignment; the expected length
of the investigation; whether the investigation is being forwarded to an outside agency; the
telephone number and name of person to contact with questions; the procedure to return to work at
the close of the investigation, if applicable; and the employee remains an employee of the Nation.
[Currently 2 O.C. 208.6-1(a-f)]. The proposed amendments include the following additional
requirements:
i. The employee must surrender all property of the Nation pursuant to section 208.91(c). [2 O.C. 208.6-1(i)].
ii. Clear documentation regarding the status of pay and benefits. [2 O.C. 208.6-1(ac)].
iii. The definition of business hours. The employee is required to respond to inquiries
within twenty-four (24) business hours to remain on paid investigative leave within
the first forty-five (45) days. Business hours may be different depending on the
department and so it is helpful to include that definition in the notice to the
employee. [2 O.C. 208.6-1(d)].
iv. The employee’s responsibilities pursuant to section 208.9. [2 O.C. 208.6-1(k)].
v. The email address of the person the employee may contact if they have questions
related to the investigative leave is added to the current disclosure of the name and
telephone number. [2 O.C. 208.6-1(h)].
Effect. The employee placed on investigative leave will have full and clear knowledge of what
to expect and what is expected of them during the investigative leave because the requirements
for the notice have been expanded to include additional details.
G. Second Employee Notice. The proposed amendments to the Law move the timing of the second
employee notice from fifteen (15) days to thirty-five (35) days. This ensures that the employee
receives a timely reminder that their pay
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