Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 11-13-24-I

Amendments to the Investigative Leave Policy

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 Investigative Leave Policy (“the Law”) was adopted by the Oneida Business Committee

through resolution BC-04-07-99-A, and amended by resolutions BC-08-13-14-D and BC06-24-15-A; and

WHEREAS,

the purpose of this Law is to set forth a process to address investigative leave for

employees undergoing work-related investigations; and

WHEREAS,

the amendments to the Law revise the title and references throughout the Law from

“Investigative Leave Policy” to “Investigative Leave Law”; and

WHEREAS,

the amendments to the Law clarify the level of severity that an alleged violation must reach

in order to warrant an investigative leave and provides examples; and

WHEREAS,

the amendments to the Law prevent undue financial harm to an employee placed on

investigative leave; and

WHEREAS,

the amendments to the Law eliminate unpaid status for the employee placed on

investigative leave for up to forty-five (45) days; and

WHEREAS,

the amendments to the Law balance the intention to prevent undue financial harm to an

employee placed on investigative leave with the Nation’s fiscal responsibilities by shifting

the employee to unpaid status when an investigation cannot be safely concluded within

forty-five (45) days; and

WHEREAS,

the amendments to the Law clarify that an employee may use their personal and vacation

time if the investigative leave extends past forty-five (45) days; and

WHEREAS,

the amendments to the Law provide that when an employee has used all of their personal

and vacation time up all pay and benefits stop; and

WHEREAS,

the amendments to the Law extend the authority to initiate an investigative leave to

include the Executive Director of the Human Resource Department; and

BC Resolution 11-13-24-I

Amendments to the Investigative Leave Policy

Page 2 of 3

WHEREAS,

the amendments to the Law clarify that when there is no division director a supervisor

must secure authorization from the person at the highest level in the chain of command

under the Oneida Business Committee prior to placing an employee on investigative

leave; and

WHEREAS,

the amendments to the Law delegate the authority for designating the individual or agency

responsible for completing the investigation to the Executive Director of the Human

Resource Department and the supervisor, instead of the employee’s supervisor and/or

area manager; and

WHEREAS,

the amendments to the Law delete the requirement that the Equal Employment Officer

always conducts the investigation if the employee being investigated reports directly to

the Oneida Business Committee and instead provide that they may also serve as a

liaison to an investigating agency when that is more appropriate; and

WHEREAS,

the amendments to the Law eliminate the option for a supervisor to place an employee in

an alternate work assignment while on investigative leave; and

WHEREAS,

the amendments to the Law expand the requirements that notice to the employee placed

on investigative leave must contain.

WHEREAS,

the amendments to the Law extend the issuance of the second notice to the employee

placed on investigative leave from fifteen (15) days to thirty-five (35) days; and

WHEREAS,

the amendments to the Law clarify the requirements that the second notice to the

employee placed on investigative leave must contain.

WHEREAS,

the amendments to the Law eliminate the requirement that a supervisor must conclude

an investigation without waiting for the conclusion of a criminal or licensing matter; and

WHEREAS,

the amendments to the Law eliminate the requirement that an investigative leave must

close upon the passing of fifteen (15) days, plus a possible extension of fifteen (15) days,

unless an outside agency is conducting the investigation and instead allow the decision

makers to close an investigative leave when a reasonable determination based on

verifiable facts can be made; and

WHEREAS,

the amendments to the Law expedite investigations by adding a requirement that the

supervisor, or the Equal Employment Officer (whichever is overseeing the investigation),

provide the Executive Director of the Human Resource Department with weekly updates

on the investigation; and

WHEREAS,

the amendments to the Law provide the employee who was placed on investigative leave

with a redacted copy of the investigative report when requested, instead of only providing

the redacted report to an employee who files an appeal; and

WHEREAS,

the amendments to the Law require the supervisor to provide written notice and

justification to the Executive Director of the Human Resource Department if they choose

not to follow the corrective action recommended by the investigator(s); and

BC Resolution 11-13-24-I

Amendments to the Investigative Leave Policy

Page 3 of 3

WHEREAS,

the amendments to the Law expand an employee’s responsibilities when they are placed

on an investigative leave to include the surrender of all property of the Nation, respond to

any inquires within twenty-four (24) business hours, and not share anything related to the

investigation on social media; and

WHEREAS,

the amendments to the Law create the option for an exception to be made to the complete

prohibition of the employee who is placed on investigative leave entering any public

worksite; if, and only if, it is determined that access is necessary, safe, appropriate, and

the specific conditions under which access may be allowed are provided for in the notice

to the employee; and

WHEREAS,

the amendments to the Law eliminate the provision that requires the supervisor to conclude

an investigation within forty-eight (48) hours of receiving the investigative report when

someone else is conducting the investigation; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Human Resources Department,

Oneida Law Office, Gaming, General Manager; 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 September 13, 2024, with no individuals providing oral comments, and the

public comment period for the amendments to this Law was held open until September 20,

2024, with no submission of written comments received; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Investigative Leave Policy, now known as the Investigative Leave Law, which shall become effective

on December 11, 2024.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 13th day of November, 2024; that the forgoing

resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."