# Oneida Business Committee (2022)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af7b8c5a6c42b094c

## Record

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

## Text

1 of 22

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.
I.

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)

V.

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
I.

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

3 of 22

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.

V.

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

4 of 22

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.

5 of 22

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

6 of 22

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.

7 of 22

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

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

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.
(c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
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

8 of 22

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
86

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;
(c) does not discriminate in favor of members of the governing body 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
(c) submits a completed application during the designated submission timeframe.
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;
(C) street address, city, state, zip code;
(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

9 of 22

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
131

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
(C) cable;
(c) costs associated with education including, but not limited to:
(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

10 of 22

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
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

11 of 22

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.
1

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

13 of 22

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
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
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.

14 of 22

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.
_____________________________________________________________________________

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Meeting ID: 210 347 498 036
Passcode: B6GFmm
Download Teams | Join on the web

Ii]
Oneida Nation - A good mind. A good heart. A strong fire.

15 of 22

Learn More | Help | Meeting options | Legal

________________________________________________________________________________

16 of 22

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

"'

000000

ONEIDA

AGENDA REQUEST FORM
1)

Request Date: September 15, 2022

2)

Contact Person(s): Clerissa N. Santiago
Dept: Legislative Reference Office
Phone Number: (920) 869-4417

Email: csantia1@oneidanation.org

3)

Agenda Title: Back Pay Law Amendments

4)

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

3)

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

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

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

5)

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

6)

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

Request for amendments came from the Oneida Business Committee
7)

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

or
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.
(c) “Consequential damages” means damages that are not a direct and immediately result
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.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
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.
(C) If the employee refuses to sign an authorization waiver from Purchased
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.
(C) If the employee was not participating in the Nation’s retirement plan or
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;
(c) Attorney’s or advocate’s fees;
(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

22 of 22

September 2022

September 2022

October 2022

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

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

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

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Aug 28

29

30

31

Sep 1

2

3

12:15pm PUBLIC
MEETING:
Oneida Nation
Assistance
Fund Law
(Microsoft
Teams) - LOC

4

5

l

11

8:00am Labor
Day

6

13

14

9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago

18

19

]
25

20

21

10

15

16

17

22

23

24

29

30

Oct 1

9:00am LOC
Meeting
(BC_Conf_Roo
m) - LOC

I

I
I

26

27

28

9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago

LOC

9

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

I
I

8

9:00am LOC
Meeting
(BC_Conf_Roo
m) - LOC
11:00am
Communicatio
n of Public
Meetings and

I

12

7

9:30am LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago

1

9/13/2022 11:54 AM

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af7b8c5a6c42b094c. Public record. Not legal advice.