# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aec813f2d2e061d52 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 72 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ 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. 2 of 72 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 ~ ONEIDA 3 of 72 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 4 of 72 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. 5 of 72 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 ~ ONEIDA 6 of 72 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. 7 of 72 Analysis to Draft 1- PM Draft 2024 10 02 ONEIDA LIFE INSURANCE PLAN LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Page 1 of 4 8 of 72 Analysis to Draft 1- PM Draft 2024 10 02 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 48 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 13 12 10 18 16 22 15 10 23 13 10 12 12 12 9 16 17 22 13 10 23 13 9 2 Claims that Provided a Beneficiary 9 11 9 13 15 19 13 10 21 10 8 2 Claims that Did Not Provide a Beneficiary 3 1 0 3 2 3 0 0 2 3 1 0 49 50 51 52 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: Page 2 of 4 9 of 72 Analysis to Draft 1- PM Draft 2024 10 02 53 54 55 56 57 58 59 60  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. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 SECTION 4. PROCESS 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 SECTION 5. CONTENTS OF THE LEGISLATION 93 94 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: Page 3 of 4 10 of 72 Analysis to Draft 1- PM Draft 2024 10 02 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111   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. 112 113 SECTION 7. OTHER CONSIDERATIONS 114 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 115 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 117 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 118 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 119 completing the fiscal impact statement. 120  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact 121 statement be completed. 122 Page 4 of 4 11 of 72 Draft 1 (Redline to Current) – PM Draft 2024 10 02 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 12 of 72 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Draft 1(Redline to Current) – PM Draft 2024 10 02 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 13 of 72 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Draft 1(Redline to Current) – PM Draft 2024 10 02 (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 14 of 72 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Draft 1(Redline to Current) – PM Draft 2024 10 02 (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 15 of 72 Draft 1 – PM Draft 2024 10 02 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 16 of 72 Draft 1 – PM Draft 2024 10 02 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 17 of 72 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Draft 1 – PM Draft 2024 10 02 (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 18 of 72 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Draft 1 – PM Draft 2024 10 02 (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 19 of 72 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 A good mind. A good heart. A strong fire. 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 21 of 72 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 Page 1 of 2 A good mind. A good heart. A strong fire. 22 of 72 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 23 of 72 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 24 of 72 BC Resolution _____________ Amendments to the Computer Resources Ordinance Page 2 of 2 48 49 50 51 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. 25 of 72 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 A good mind. A good heart. A strong fire. 26 of 72 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 A good mind. A good heart. A strong fire. ~ ONEIDA 27 of 72 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 1 2 3 4 5 6 7 8 9 10 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 Page 1 of 5 28 of 72 Analysis to Draft 1 2024 10 02 11 12 Legislative Operating Committee added the Computer Resources Ordinance amendments to its Active Files List on May 15, 2024. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 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. Page 2 of 5 29 of 72 Analysis to Draft 1 2024 10 02 54 55 56 57 58 59 60 61 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. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 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. Page 3 of 5 30 of 72 Analysis to Draft 1 2024 10 02 98 99 100 101 102 103 104 105 106 107 108 109 110 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. 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 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. Page 4 of 5 31 of 72 Analysis to Draft 1 2024 10 02 141 142 143 144 145 146 147 148 149 150  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)]. 151 SECTION 7. OTHER CONSIDERATIONS 152 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 153 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 155 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 156 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 157 completing the fiscal impact statement. 158  Conclusion. The Legislative Operating Committee received a fiscal impact statement from the 159 Finance Administration on September 24, 2024. 160 Page 5 of 5 32 of 72 Draft 1 (Redline to Current) for OBC Consideration 2024 10 02 Title 2. Employment – Chapter 215 COMPUTERTECHNOLOGY RESOURCES ORDINANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 215.1 215.2 215.3 215.4 215.5 215.6 Purpose and Policy Adoption, Amendment, Repeal Definitions Acceptable Use Inappropriate Personal Use Privacy 215.7 215.8 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 2 O.C. 215 – Page 1 33 of 72 Draft 1 (Redline to Current) for OBC Consideration 2024 10 02 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 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 Useuse” 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 2 O.C. 215 – Page 2 34 of 72 Draft 1 (Redline to Current) for OBC Consideration 2024 10 02 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 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 employeesemployee’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 usersuser’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 Tribes 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 2 O.C. 215 – Page 3 35 of 72 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Nation and subject to the Tribes personnel policies and procedures and who are under the supervisorssupervisor’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 users computeruser’s technology resources and provide them such resources as evidence. 215.910-3. Employee violations of this law are subject to the Oneida Tribes progressive disciplinary policies contained in the Tribes 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-__-__-__-__  2 O.C. 215 – Page 4 36 of 72 Draft 1 for OBC Consideration 2024 10 02 Title 2. Employment – Chapter 215 TECHNOLOGY RESOURCES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 215.1 215.2 215.3 215.4 215.5 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, 2 O.C. 215 – Page 1 37 of 72 Draft 1 for OBC Consideration 2024 10 02 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 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 38 of 72 Draft 1 for OBC Consideration 2024 10 02 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 215.6 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 39 of 72 128 129 130 131 132 Emergency Adopted – BC-03-24-04-A Adopted – BC-09-29-04-B Amended – BC-__-__-__-__  2 O.C. 215 – Page 4 40 of 72 " 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 41 of 72   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 A good mind. A good heart. A strong fire. ~ ONEIDA 42 of 72 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 A good mind. A good heart. A strong fire. 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. Page 2 of 4 A good mind. A good heart. A strong fire. ~ 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 Page 3 of 4 A good mind. A good heart. A strong fire. ~ ONEIDA 45 of 72 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 A good mind. A good heart. A strong fire. ~ ONEIDA 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 A good mind. A good heart. A strong fire. 47 of 72 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 208.8 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 48 of 72 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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 49 of 72 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 208.5 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 50 of 72 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 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 t [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aec813f2d2e061d52. Public record. Not legal advice.