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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

September 21, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. September 7, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Nation Assistance Fund Law (pg. 4)

IV.

New Submissions

1. Back Pay Law Amendments (pg. 16)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 22

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 7, 2022

9:00 a.m.

In accordance with the Norbert Hill Center’s policy for administrative offices, and Brown

County’s current HIGH COVID-19 Community Levels, the September 7, 2022, Legislative

Operating Committee meeting will be held virtually on Microsoft Teams.

Present: David P. Jordan, Kirby Metoxen, Marie Summers

Excused: Jennifer Webster, Daniel Guzman King

Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Lawrence Barton, Justin

Nishimoto, Joy Salzwedel, Rhiannon Metoxen, Rae Skenandore, Kaylynn Gresham, Michelle

Myers, Peggy Van Gheem, Michelle Braaten, Kristin Jorgenson-Dann, Carl Artman

Call to Order and Approval of the Agenda

David P. Jordan called the September 7, 2022, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

1. August 3, 2022 LOC Meeting Minutes

Motion by Marie Summers to approve the August 3, 2022, LOC meeting minutes and

forward to the Oneida Business Committee for consideration; seconded by Kirby Metoxen.

Motion carried unanimously.

III.

Current Business

1. Children’s Code Amendments

Motion by Kirby Metoxen to approve the Children’s Code amendments adoption packet

and forward to the Oneida Business Committee for consideration; seconded by Marie

Summers. Motion carried unanimously.

2. Emergency Management Law Emergency Amendments

Motion by Kirby Metoxen to approve the Emergency Management law emergency

amendments adoption packet and forward to the Oneida Business Committee for

consideration; seconded by Marie Summers. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of September 7, 2022

Page 1 of 2

ONEIDA

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IV.

New Submissions

1. Oneida Life Insurance Plan Plus (OLIPP) Law

Motion by Marie Summers to add the Oneida Life Insurance Plan Plus law to the Active

Files List for emergency adoption with Kirby Metoxen as the sponsor; seconded by Kirby

Metoxen. Motion carried unanimously.

2. Trust Scholarship Fund Policy Amendments

Motion by Marie Summers to add the Trust Scholarship Fund Policy amendments to the

Active Files List with David P. Jordan as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

3. Drug and Alcohol Free Workplace Law Amendments

Motion by Marie Summers to add the Drug and Alcohol Free Workplace law amendments

to the Active Files List with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

Additions

VI.

Administrative Items

1. Travel Report: State Bar of Wisconsin Indian Law Conference – Carolyn Salutz

Motion by Marie Summers to accept Carolyn Salutz’s travel report; seconded by Kirby

Metoxen. Motion carried unanimously.

2. Travel Report: State Bar of Wisconsin Indian Law Conference – Grace Elliott

Motion by Marie Summers to accept Grace Elliott’s travel report; seconded by Kirby

Metoxen. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marie Summers to adjourn at 9:27 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of September 7, 2022

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

September 21, 2022

Oneida Nation Assistance Fund Law

Submission Date: 6/1/22

LOC Sponsor: Jennifer Webster

Public Meeting: 9/2/22

Emergency Enacted: 6/8/22

Summary:

This item was added to the Active Files List on June 1, 2022. On May 25, 2022, the

Legislative Reference Office submitted a request for the development of an Oneida Nation Assistance Fund

law, the purpose of which is to establish the Oneida Nation Assistance Fund as an approved program of

the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law. On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-1421-D, Oneida Nation Assistance Fund, which created an approved program – the Oneida Nation

Assistance Fund – for the purpose of providing for the general welfare of the Nation and its members by

offering limited amounts of financial assistance to Tribal members requiring general welfare need

assistance, who could attest to such need. The Oneida Nation Assistance Fund, as adopted through

resolution BC-04-14-21-D, was specific to a disbursement for an application period of June 1, 2021, and

September 1, 2021. This Law was added to the Active Files List to codify the Oneida Nation Assistance

Fund. On June 8, 2022, the Oneida Business Committee adopted the Oneida Nation Assistance Fund law

on an emergency basis through resolution BC-06-08-22-A. The emergency adoption of this law will expire

on December 8, 2022.

5/12/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to discuss how

resolution BC-04-14-21-D, Oneida Nation Assistance Fund, would not work for this year’s

general welfare assistance payment to members and whether we should bring forward an

Oneida Nation Assistance Fund law through emergency adoption to address this year’s GWA

disbursement.

5/18/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Ralinda Ninham-Lamberies, Rae

Skenandore, Keith Doxtator, Jameson Wilson. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss the potential emergency

adoption of the Oneida Nation Assistance Fund law – as well as review and discuss a proposed

draft of this law.

6/1/22 LOC:

Motion by Jennifer Webster to add the Oneida Nation Assistance Fund Law to the Active

Files List with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried

unanimously.

Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund law emergency

adoption packet and forward to the Oneida Business Committee for consideration; seconded

by Kirby Metoxen. Motion carried unanimously.

6/8/22 OBC:

Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of

the Oneida Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried.

Page 1 of 2

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

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7/1/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Grace Elliot, Ralinda Ninham-Lamberies, Keith Doxtator,

Jameson Wilson, Barbara Webster. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to discuss the communication of the Oneida Nation

Assistance Fund and the Elder Assistance Program, specifically how it relates to per capita,

and to discuss the application submission period and disbursement timeframe resolutions.

7/6/22 LOC:

Motion by Marie Summers to approve the resolution, Oneida Nation Assistance Fund

Application Submission Period and Disbursement Timeframe for 2022, with noted change and

corresponding statement of effect and forward to the Oneida Business Committee for

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

7/13/22 OBC: Motion by David P. Jordan to adopt resolution entitled 07-13-22-C Oneida Nation Assistance

Fund Application Submission Period and Disbursement Timeframe for 2022, seconded by

Jennifer Webster. Motion carried.

7/20/22 LOC: Motion by Daniel Guzman King to approve the draft and legislative analysis for the Oneida

Nation Assistance Fund law; seconded by Kirby Metoxen. Motion carried unanimously.

7/28/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss the public meeting notice and the GWA payment pictorial.

8/3/22 LOC:

Motion by Marie Summers to approve the public meeting packet, with updated public meeting

notice, and forward the Oneida Nation Assistance Fund law to a public meeting to be held on

September 2, 2022; seconded by Kirby Metoxen. Motion carried unanimously.

9/2/22:

Public Meeting Held. Present: David P. Jordan, Marie Summers, Clorissa N. Santiago, Justin

Nishimoto, Jameson Wilson, Lawrence Barton, Carolyn Salutz, Kristal Hill, Grace Elliott,

Rhiannon Metoxen, Kaylynn Gresham, Carl Artman, Michelle Myers. The public meeting for

the Oneida Nation Assistance Fund law was held on Microsoft Teams. No individuals

provided public comment during the public meeting.

9/12/22:

Public Comment Period Closed. One (1) submission of written comments was received

during the public comment period.

Next Steps:

 Accept the public comments and the public comment review memorandum and defer to a

work meeting for further consideration.

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

Page 2 of 2

ONEIDA

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney

September 21, 2022

Oneida Nation Assistance Fund Law: Public Comment Review

On September 2, 2022, a public meeting was held regarding the proposed Oneida Nation

Assistance Fund law (“the Law”). The public comment period was then held open until September

12, 2022. The Legislative Operating Committee reviewed and considered the public comments

received on July 14, 2022. This memorandum is submitted as a review of the written comments

received during the public comment period.

The public meeting draft, public meeting transcript, and written comments received are attached

to this memorandum for review.

Comment 1 – Government Administration Office:

Lisa Liggins (written): Please see the comments below regarding the Legislative Analysis

associated with the Oneida Nation Assistance Fund law:

Lines 14, 36, 38-39 – “…Government Administration Office…” Correct to: “…Government

Administrative Office…”

Thank you.

Lisa Liggins

Secretary

Oneida Business Committee

Response

The commenter requests that the legislative analysis be revised to provide the correct name of the

Government Administrative Office. The legislative analysis will be updated to reflect this change.

LOC Consideration

Page 1 of 1

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

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Title 10. General Welfare Exclusion - Chapter 1003

ONEIDA NATION ASSISTANCE FUND

1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Establishment

Draft 1 – PM Draft

2022 08 25

1003.5. Guidelines and Requirements

1003.6. Funding

1003.1. Purpose and Policy

1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law.

1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its

members. The interests of the Nation are advanced when its members remain confident that their

general welfare needs can be met.

1003.2. Adoption, Amendment, Repeal

1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1003.2-2. 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.

1003.2-3. 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.

1003.2-4. 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.

1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1003.3. Definitions

1003.3-1. 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) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

approved program requirements.

10 O.C. 1003 – Page 1

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Draft 1 – PM Draft

2022 08 25

1003.4. Establishment

1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an

approved program of the Nation in accordance with the Oneida General Welfare law. The purpose

of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation

to address the general welfare needs of members.

1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund 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; and the requirements of the Tribal General

Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida

Nation Assistance Fund is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1003.5. Guidelines and Requirements

1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who

meets the following criteria:

(a) is a member of the Nation;

(b) is age eighteen (18) or older; and

1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the

adoption of a resolution an application submission period and disbursement timeframe for a

distribution of assistance from the Oneida Nation Assistance Fund.

1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation

Assistance Fund shall submit an application.

(a) The Trust Enrollment Department shall make available an Oneida Nation Assistance

Fund application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

10 O.C. 1003 – Page 2

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100

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Draft 1 – PM Draft

2022 08 25

declaration.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Oneida Nation Assistance Fund,

either through direct deposit or check.

(b) Applicants shall complete and return the Oneida Nation Assistance Fund application

form to the Trust Enrollment Department by the deadline set through resolution by the

Oneida Business Committee in order to be eligible for assistance from the Oneida Nation

Assistance Fund.

(1) The information provided in the Oneida Nation Assistance Fund application

form may be provided to any department, division, or personnel that processes the

applications.

1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance

Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida

Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through

direct deposit, or check, depending on the selection made on the application by the recipient.

1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the

recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(1) transportation to and from school;

(2) tutors;

(3) supplies for use in school activities and extra-curricular activities;

(4) providing tuition or room and board payments;

(5) providing for childcare for parents seeking employment or pursuing education;

(6) job counseling and interviewing expenses.

(d) costs associated with food security;

(e) costs associated with home care assistance;

(f) costs associated with vehicle payments, maintenance, repair, and insurance;

(g) costs associated with medical care and transportation, room, and board costs for

seeking medical care;

(h) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

10 O.C. 1003 – Page 3

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Draft 1 – PM Draft

2022 08 25

(i) costs related to any other emergency circumstance.

1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying

recipients.

1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts

for the expenditure of the funds associated with the Oneida Nation Assistance Fund.

1003.6. Funding

1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the

Nation’s annual budget, and by any other funding source deemed necessary by the Oneida

Business Committee.

1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the

amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund

per any permitted distribution.

End.

Emergency Adopted – BC-06-08-22-A

Adopted – BC-__-__-__-__

10 O.C. 1003 – Page 4

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

=000000

ONEIDA

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Oneida Nation Assistance Fund Law

Microsoft Teams 1

September 2, 2022 12:15 p.m.

Present: David P. Jordan, Marie Summers, Clorissa N. Santiago, Justin Nishimoto, Jameson

Wilson, Lawrence Barton, Carolyn Salutz, Kristal Hill, Grace Elliott, Rhiannon Metoxen, Kaylynn

Gresham, Carl Artman, Michelle Myers.

David P. Jordan: The time is 12:15 p.m. and today’s date is Friday, September 2, 2022. I will

now call to order the public meeting for the proposed Oneida Nation Assistance Fund law.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding this legislative proposal. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address in the chat with your name, we can ensure you

receive a copy of the public comment review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Monday,

September 12, 2022.

In attendance from the LOC today is Marie Cornelius, and myself, chairing.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of 5 minutes. This

time limit shall be applied equally to all persons.

Which we’ll now, we will now begin today’s public meeting for the proposed Oneida Nation

Assistance Fund law. The purpose of this law is to establish the Oneida Nation Assistance Fund to

govern how the Nation provides financial assistance to its members, pursuant to the Oneida

General Welfare law.

The Norbert Hill Center has a policy for administrative offices which prohibits in-person meetings if Brown or

Outagamie County has HIGH COVID-19 Community Levels. In accordance with this policy, due to Brown County’s

HIGH COVID-19 Community Levels, the September 2, 2022, in-person public meeting was canceled and instead the

public meeting for the proposed Oneida Nation Assistance Fund was held virtually on Microsoft Teams.

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

LOC Public Meeting Transcript of September 2, 2022

Page 1 of 2

12 of 22

So raise your hand if you would like to speak or have comments.

For those of you that just joined you, you may raise your hand if you have comments for this law.

With there being no more speakers, the public comment period for this meeting, for the Oneida

Nation Assistance Fund law is now closed at 12:32 p.m. Written comments may be submitted until

close of business on Monday, September 12, 2022. Thanks for calling in everybody.

-End of Meeting-

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

LOC Public Meeting Transcript of September 2, 2022

Page 2 of 2

ONEIDA

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From:

To:

Subject:

Date:

Lisa A. Liggins

LOC

RE: PUBLIC MEETING: Oneida Nation Assistance Fund Law

Thursday, September 1, 2022 5:22:49 PM

Please see the comments below regarding the Legislative Analysis associated with the Oneida Nation

Assistance Fund law:

Lines 14, 36, 38-39 – “…Government Administration Office…” Correct to: “…Government

Administrative Office…”

Thank you.

Lisa Liggins

Secretary

Oneida Business Committee

-----Original Appointment----From: LOC <LOC@oneidanation.org>

Sent: Wednesday, August 31, 2022 9:11 AM

To: BC_Conf_Room; David P. Jordan; Grace L. Elliott; Carolyn A. Salutz; Jennifer A. Webster; Kirby W.

Metoxen; Ethel M. Summers; Daniel P. Guzman; Rhiannon R. Metoxen; Kristal E. Hill; Clorissa N.

Santiago; Directors_Managers_ Supervisors_GM_Programs; Directors_Mgrs_Supvsrs_Gaming;

Directors_Mgrs_Supvsrs_Programs; Keith A. Doxtator; Carl J. Artman; Lawrence E. Barton; Ralinda R.

Ninham-Lamberies; Rae M. Skenandore; Justin A. Nishimoto; Amy L. Spears; Jameson J. Wilson;

Brooke M. Doxtator; Shannon C. Davis; Lisa A. Liggins; Cristina S. Danforth; Tehassi Tasi Hill; Brandon

L. Yellowbird-Stevens; Secretary

Cc: Danielle L. White; Eric N. Bristol; Travis E. Cottrell; Mark W. Powless - General Mgr; Jamie L.

Willis; Rachel A. Fitzpatrick; Eric H. Boulanger; Maryjo Nash; Gregory H. Matson; Lisa A. Moore;

Karen V. Smith; Kurt G. Jordan; Shelly L. Stevens; Michelle M. Braaten; Debra L. Powless; Diana J.

Hernandez; Reynold T. Danforth; Joanne Y. King; Derrick R. King; Raeann Skenandore; Lisa L. Slaby;

Carla Witkowski; Joann E. Ninham; Deborah J. Thundercloud; Mitchel R. Metoxen; Lois J. Domencich;

Laura E. Laitinen-Warren; Matthew B. Cornelius; Timothy J. Skenandore; Raymond A. Olson II; Rocky

L. Stevens; Kyle J. Wisneski; Tanya E. Lopez Martin; Henrietta Cornelius; Shane C. Archiquette;

Wendy M. Alvarez; Janet Hill <janet_hill14@aim.com>

Subject: PUBLIC MEETING: Oneida Nation Assistance Fund Law

When: Friday, September 2, 2022 12:15 PM-1:15 PM (UTC-06:00) Central Time (US & Canada).

Where: Microsoft Teams

In accordance with the Norbert Hill Center’s policy for administrative offices (see attached),

the Friday, September 2, 2022, the public meeting regarding the proposed ONEIDA NATION

ASSISTANCE FUND LAW will be held virtually on Microsoft Teams at 12:15 p.m. The inperson public meeting in the Business Committee conference room at the Norbert Hill Center

will no longer occur due to Brown County’s current HIGH COVID-19 Community Levels.

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The Oneida Nation Assistance Fund law was adopted by the Oneida Business Committee on an

emergency basis on June 8, 2022, and established the Oneida Nation Assistance Fund to govern how

the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare

law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its

members and recognize that the interests of the Nation are advanced when its members remain

confident that their general welfare needs can be met. [10 O.C. 1003.1-2].

The public meeting will begin at 12:15 p.m. on Microsoft Teams and conclude when all public

comments have been received. Please arrive on the Microsoft Teams meeting by 12:15 p.m. if you

plan to submit oral comments. Written comments on the proposed Oneida Nation Assistance Fund

law can be submitted through Monday, September 12, 2022, to the Office of the Nation’s Secretary

or the Legislative Reference Office in person, or by U.S. mail, interoffice mail, e-mail or fax. Written

comments can be submitted through email to the LOC at LOC@oneidanation.org.

The public meeting packet for the proposed Oneida Nation Assistance Fund law has been attached

to this e-mail for your convenience, and will also be available on the Nation’s website at

https://oneida-nsn.gov/government/register/public-meetings/.

The Legislative Procedures Act requires that all managers or directors be electronically provided

notice at least ten (10) business days prior to a public meeting. The Legislative Procedures Act also

requires all appropriate managers or directors direct comments to be provided by employees who

have special knowledge or expertise on this legislative issue during the public meeting and/or public

comment period. [1 O.C. 109.8-2(b) and 109.8-4(a)]. Please share this appointment with any

employees or individuals who may have expertise in these areas.

If you have any questions regarding the public meeting for the proposed Oneida Nation Assistance

Fund law please contact Attorney Clorissa N. Santiago at csantia1@oneidanation.org or (920) 8694417.

_____________________________________________________________________________

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Join on your computer or mobile app

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida.nsn.gov

000000

ONEIDA

AGENDA REQUEST FORM

Request Date: September 15, 2022

Contact Person(s): Clerissa N. Santiago

Dept: Legislative Reference Office

Phone Number: (920) 869-4417

Email: csantia1@oneidanation.org

Agenda Title: Back Pay Law Amendments

Detailed description of the item and the reason/justification it is being brought before the LOC:

During the executive session portion of the September 14. 2022, Oneida

Business Committee meeting, the Oneida Business Committee directed

the Legislative Operating Committee to consider amendments to the

Back Pay law.

List any supporting materials included and submitted with the Agenda Request Form

l) Back Pay Law

2) _ _ _ _ _ _ _ _ _ _ _ _

4) _ _ _ _ _ _ _ _ _ _ __

-------------

Please list any laws, policies or resolutions that might be affected:

Please list all other departments or person(s) you have brought your.concern to:

Request for amendments came from the Oneida Business Committee

Do you consider this request urgent?

□ Yes

□ No

If yes, please indicate why:

N/A

ed, have reviewed the attached materials, and understand that they are subject to action by

Oper 'ng Committee.

this

.t;;;:~1d all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box365

Oneida, WI 54155

Phone 920-869-4376

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

17 of 22

Title 2. Employment – Chapter 206

BACK PAY

Tashakotik@lyahke> kayanl^hsla>

back pay law

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Back Pay Calculation

206.5. Back Pay Process

206.1. Purpose and Policy

206.1-1. The purpose of this law is to set forth standards used in the calculation of back pay for

all employees of the Nation in accordance with the Nation’s law.

206.1-2. It is the policy of the Nation to have consistent and standard procedures for the

management of employee back pay.

206.2. Adoption, Amendment, Appeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and BC-10-26-16-A.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

206.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

206.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Advocate” means a non-attorney person as provided by law and other person who is

admitted to practice law and is presented to the court as the representative or advisor to a

party.

(b) “Back pay” means money damages owed to the employee for a salary or wage to

compensate the employee as determined by the formulas set forth within this law.

of an act, but a consequence of the initial act, including but not limited to penalties on

early withdrawal of retirement account.

(d) “Consultant” means a professional who is contracted externally whose expertise is

provided on a temporary basis for a fee.

(e) “Earnings” includes vacation/personal time, shift differential, holiday pay, merit

increases, bonuses and incentives, employment benefits and income received during the

back pay period.

(f) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

2 O.C.206 – Page 1

18 of 22

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to; an individual employed by any program or enterprise of the Nation, but

does not include elected or appointed officials or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not

limited to, investigative leave, suspension or termination.

(h) "Judiciary" means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Nation.

(i) “Nation” means the Oneida Nation.

(j) “Punitive damages” means monetary compensation awarded to an injured party that

goes beyond that which is necessary to compensate the individual for losses and that is

intended to punish the other party.

206.4. Back Pay Calculation

206.4-1. Back Pay Limitations. Back pay shall only include the items identified in this Section

as they relate to the employee. Back pay shall include and be subject to the following:

(a) Vacation/Personal Time Accrual. Employees shall receive prorated credit for

vacation/ personal time which would have accrued during the back pay period.

(1) Reinstated employees shall be credited for vacation/ personal time. If the

crediting of vacation/personal time would result in the employee exceeding the

accrual cap pursuant to the Nation’s laws, rules and policies, then any amount

over that cap shall be provided as a cash payout. Non-reinstated employees shall

be paid out vacation/personal time in lieu of crediting personal/vacation time.

(b) Shift Differential. Shift differential shall be included in the back pay amount to the

extent it is a part of the employee’s regularly scheduled hours.

shall be included in the total back pay amount at the same tip rate that other employees in

the same position and on the same shift received on the same dates.

(1) If the employee received individual tips at the time of involuntary separation,

the employee shall be ineligible for tips during the back pay period.

(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the

employee would have received such pay if the employee had not been involuntarily

separated.

(e) Merit Increases. The hourly rate used to calculate back pay shall be increased

according to the merit increase system/standard used by the employee’s supervisor during

the back pay period and will include any increases from Oneida Business Committee or

General Tribal Council directives.

(1) The effective date of the employee’s merit increase shall be the same as the

effective date for other employees in the same department. Retroactive increases

shall be calculated back to the retroactive date used for other employees in the

same department.

(2) The most recent performance review issued to the employee prior to being

involuntarily separated shall be used to determine the level of merit increase.

2 O.C.206 – Page 2

19 of 22

However, if the employee appealed the performance review to the Human

Resource Department Manager prior to involuntary separation, a method under

the Nation’s laws, rules and policies shall be used to determine the merit increase.

(f) Bonuses and Incentives. All bonus and incentive payments for which the employee

would have been eligible during the back pay period shall be included in the total back

pay amount, except for non-monetary gifts distributed by the Nation to all employees

(e.g. winter gift) or other non-monetary benefits, such as clothing allowance.

(g) Employment Benefits. Employee benefits shall be subject to the provisions in this

section.

(1) Insurance Benefits. Coverage by the Nation for health insurance, dental

insurance, vision insurance, life insurance, long-term disability and short-term

disability coverage shall continue during an involuntary separation, except in the

event of a termination where the coverage will discontinue. The Nation shall

deduct the employee’s share of premiums paid from any back pay award.

(A) If the employee’s circumstances have changed during the back pay

period and such circumstances affect the employee’s insurance needs, the

employee shall notify the Nation of such changes at the time of

reinstatement.

(B) An employee who is reinstated shall sign a waiver from Purchased

Referred Care authorizing a review of the back pay period to determine if

Purchased Referred Care services were rendered. If Purchased Referred

Care determines services were rendered during the back pay period, an

employee shall timely submit insurance information to Purchased Referred

Care in order for Purchased Referred Care to retroactively bill the insurance

provider to recoup funds for those services rendered during the back pay

period.

Referred Care, the employee will not be eligible to receive any back pay

award.

(2) Flexible Benefit Plan Contributions.

If a terminated employee was

contributing to the Nation’s flexible benefit plan at the time of termination, the

status of the employee’s flex benefit plan shall be subject to the provisions of the

Internal Revenue Code.

(3) Retirement Benefit Contributions. In the event the employee was participating

in the Nation’s retirement plan at the time of involuntary separation, the employee

shall be responsible for contacting the retirement plan administrator and

reactivating contributions.

(A) The employee may choose whether to have the employee’s contribution

to the retirement plan that would have been made during the back pay

period deducted from the total back pay amount and deposited into the

employee’s retirement account.

(B) If the employee was eligible for employer matching contributions at the

time of involuntary separation and the employee chooses to make a

contribution through back pay, the Nation shall contribute the employer

match into the employee’s retirement account.

chooses not to make contributions through the back pay process, then the

2 O.C.206 – Page 3

20 of 22

Nation shall not make employer match contributions into the employee’s

retirement account.

(h) Income Received During the Back Pay Period.

(1) Unemployment Benefits. Depending upon the unemployment compensation

financing option elected by the Nation, either:

(A) Any unemployment compensation paid by the Nation to the State of

Wisconsin for an involuntarily separated employee shall be deducted from

the employee’s back pay award; or

(B) The employee is directly responsible for the reimbursement to the State

of Wisconsin. The Nation shall send a copy of the completed and signed

settlement agreement to the appropriate state department. The state then

may determine the amount, if any, of unemployment compensation benefits

received during the back pay period should be repaid.

(2) Income Received Through Employment. Except as provided in section 41(h)(2)(B), income earned by an employee during the back pay period shall be

deducted from the total back pay amount.

(A) The employee shall provide information to verify the amount of or lack

of earned income and sign an affidavit attesting to the amount of or lack of

earned income.

(B) If the employee worked an additional job prior to being involuntarily

separated and continued working in the same capacity, the income earned

from that employment shall not be deducted from the total back pay amount

to the extent that the income is consistent with pre-involuntary separation

earnings. Where the employee worked the additional job, the employee

shall provide information from the employer to verify the income earned

before and during the back pay period.

206.4-2. Payments Not Allowed. The Nation shall not include the following in any back pay

amount:

(a) Punitive damages;

(b) Consequential damages;

(d) Time when the employee would not have been eligible to work;

(e) Monies normally paid for additional duties while working where an alternate

employee assumed that function while the employee was involuntarily separated, unless

the additional duties are a part of such involuntarily separated employee’s regular

schedule.

206.4-3. Back Pay Period. Calculation of back pay begins on the day the employee is

involuntarily separated and ends on the day the employee is reinstated.

(a) If the employee is reinstated but refuses to return to work, the back pay period ends on

the date reinstatement would have taken effect, but was refused by the employee.

(b) Back pay shall be calculated by taking the employee’s average hours worked during

the fifty-two (52) week period immediately preceding the date of the involuntary

separation and divide that amount by the number of weeks worked.

(1) If the employment prior to the involuntary separation was less than fifty-two

(52) weeks, the back pay shall be calculated by taking the employee’s average

hours worked and divide that amount by the number of weeks worked.

(2) If the involuntary separation period involves a fractional week, the indemnity

2 O.C.206 – Page 4

21 of 22

shall be paid for each day of a fractional week at the rate of the average

number of hours worked per day immediately prior to the involuntary

separation. For the purposes of this section, immediately prior means the twelve

(12) full work weeks immediately preceding the involuntary separation. Provided

that, under extenuating circumstances related to business needs of the Nation

wherein the Oneida Law Office determines that considering hours worked per

day immediately prior would be unfair, an alternative reasonable timeframe may

be used.

206.5. Back Pay Process

206.5-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose

of implementing this law.

206.5-2. Internal departments shall cooperate as necessary with the Oneida Law Office in

providing information needed to assemble and prepare the back pay agreement.

206.5-3. A reasonable effort shall be made to complete the back pay agreement within thirty

(30) calendar days, starting the day after the party to the grievance action provides to the Oneida

Law Office a judgment ordering back pay or the results of an investigation or test showing the

employee is cleared of any wrongdoing.

206.5-4. An employee not receiving back pay in accordance with the back pay agreement may

seek enforcement by the Judiciary.

End.

Adopted - BC-5-24-06-PP

Amended - BC-06-23-10-F

Amended - BC-08-13-14-C

Amended - BC-10-26-16-A

2 O.C.206 – Page 5

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September 2022

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SUNDAY

MONDAY

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WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Aug 28

Sep 1

12:15pm PUBLIC

MEETING:

Oneida Nation

Assistance

Fund Law

(Microsoft

Teams) - LOC

8:00am Labor

Day

9:00am LRO Staff

Meeting

(Legislative

Reference

Office) Clorissa N.

Santiago

]

Oct 1

9:00am LOC

Meeting

(BC_Conf_Roo

m) - LOC

9:00am LRO Staff

Meeting

(Legislative

Reference

Office) Clorissa N.

Santiago

LOC

11:00am LOC

Work Session

(Microsoft

Teams

Meeting) Clorissa N.

Santiago

9:00am LRO Staff

Meeting

(Legislative

11:00am Layoff

Policy

Amendments

2:30pm Law

Enforcement

9:00am LOC

Meeting

(BC_Conf_Roo

m) - LOC

11:00am

Communicatio

n of Public

Meetings and

9:30am LOC

Work Session

(Microsoft

Teams

Meeting) Clorissa N.

Santiago

9/13/2022 11:54 AM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.