Oneida Business Committee (2023)

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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

March 1, 2023

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 15, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Emergency Management Law Amendments (pg. 4)

2. Election Law Emergency Amendments (pg. 39)

3. Oneida Personnel Policies and Procedures Amendments (pg. 80)

IV.

New Submissions

1. Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance (pg. 392)

2. Petition: L. Dallas – FY 2023 Budget (pg. 394)

3. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day to Day Business (pg. 396)

4. Petition: L. Zeise – Uncap All Employee Wages (pg. 398)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

February 15, 2023

9:00 a.m.

Present: David P. Jordan, Marie Cornelius, Daniel Guzman King, Kirby Metoxen, Jennifer

Webster

Others Present: Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Brooke Doxtator, Keith

Doxtator, Ray Skenandore, Tina Jorgenson (Microsoft Teams), Todd VandenHeuvel (Microsoft

Teams), Justin Nishimoto (Microsoft Teams), Mark Powless (Microsoft Teams), Rhiannon

Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Peggy Van Gheem (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the February 15, 2023, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Marie Cornelius to adopt the agenda as is; seconded by Daniel Guzman King.

Motion carried unanimously.

II.

Minutes to be Approved

1. February 1, 2023 LOC Meeting Minutes

Motion by Jennifer Webster to approve the February 1, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Marie Cornelius. Kirby Metoxen

abstained. Motion carried.

III.

Current Business

1. Back Pay Law Amendments

Motion by Jennifer Webster to accept the updated public comment review memorandum;

seconded by Marie Cornelius. Motion carried unanimously.

IV.

New Submissions

1. Election Law Emergency Amendments

Motion by Jennifer Webster to add the Election law emergency amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Motion

carried unanimously.

Additions

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Legislative Operating Committee Meeting Minutes of February 15, 2023

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VI.

Administrative Items

VII.

VIII. Executive Session

IX.

Adjourn

Motion by Marie Cornelius to adjourn at 9:09 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of February 15, 2023

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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

March 1, 2023

Emergency Management Law

Amendments

Submission Date: 7/6/22

LOC Sponsor: Marie Cornelius

Public Meeting: 12/13/22

Emergency Enacted: 9/14/22

Summary: During the June 24, 2022, Storm Emergency Debrief session between the Oneida Business

Committee and the Emergency Management Director it was identified that amendments would be needed

to the Emergency Management law to address the composition of the Oneida Emergency Planning

Committee. Some of the positions identified in the ONEPC Bylaws are direct reports to the Oneida

Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department,

Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs

and Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law

provides that direct reports to the Oneida Business Committee or General Manager, or are employees of

the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support

Office, or Intergovernmental Affairs and Communications are ineligible to serve on an appointed or

elected boards, committee, or commission of the Nation. An exemption to this prohibition needs to be

included for the Oneida Nation Emergency Planning Committee since it is essential that direct reports

and employees of those designated areas participate on this committee. The Oneida Business Committee

adopted emergency amendments to the Emergency Management law on September 14, 2022, through the

adoption of resolution BC-09-14-22-B. These emergency amendments will expire on March 14, 2023.

7/6/22 LOC:

Motion by Daniel Guzman King to add the Emergency Management law emergency

amendments to the Active Files List with Marie Summers as the sponsor; seconded by Marie

Summers. Motion carried unanimously.

7/18/22:

Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke

Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to discuss a plan for addressing amendments

to the Emergency Management law and the Oneida Nation Emergency Planning Committee

Bylaws.

8/2/22:

Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke

Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to discuss policy issues that need to be

addressed in the amendments to the Emergency Management law and the Oneida Nation

Emergency Planning Committee bylaws amendments.

8/25/22:

Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke

Doxtator, Mark Powless, Kaylynn Gresham, Carolyn Salutz, Grace Elliot. This was a work

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

draft of proposed amendments to the Emergency Management law and accompanying

resolution.

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8/25/22:

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

King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliot. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to discuss the draft of

proposed amendments to the Emergency Management law.

8/30/22:

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

King, Kirby Metoxen, Clorissa N. Santiago, Rhiannon Metoxen, Kristal Hill, Grace Elliot,

Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of

this work meeting was to review and discuss the draft of proposed amendments to the

Emergency Management law.

9/7/22 LOC:

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.

9/14/22 OBC: Motion by Lisa Liggins to adopt resolution entitled 09-14-22-B Emergency Amendments to

the Emergency Management Law, seconded by Marie Cornelius. Motion carried.

10/4/22:

Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark

Powless, Melissa Alvarado, Derrick King, Kaylynn Gresham. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to begin discussion on the

development of the Emergency Management Operations Team SOP as required by resolution

BC-09-14-22-B.

10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the

Emergency Management law and direct that a legislative analysis be completed; seconded by

Daniel Guzman King. Motion carried unanimously.

10/19/22 LOC: Motion by Jennifer Webster to approve the legislative analysis of the Emergency Management

law; seconded by Marie Cornelius. Motion carried unanimously.

11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Emergency

Management law amendments to a public meeting to be held on December 13, 2022; seconded

by Marie Cornelius. Motion carried unanimously.

11/4/22:

Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark

Powless, Kaylynn Gresham, Debra Powless, Chad Fuss, Lucy Neville, Lawrence Barton. This

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

review and discuss the draft of the Emergency Management Operations Team SOP.

12/13/22:

Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke

Doxtator, David P. Jordan (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy

Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Rachel Fitzpatrick

(Microsoft Teams), Tina Jorgensen (Microsoft Teams), Melanie Burkhart (Microsoft Teams),

Grace Elliot (Microsoft Teams), Brenda Haen (Microsoft Teams), Debra Santiago (Microsoft

Teams), Kristal Hill (Microsoft Teams), Matt Denny (Microsoft Teams), Ronald Vanschyndel

(Microsoft Teams), Wendy Alvarez (Microsoft Teams), Stefanie Reinke (Microsoft Teams),

Jay Kennard (Microsoft Teams), Sidney White (Microsoft Teams). The public meeting for the

Emergency Management law amendments was held in person in the Norbert Hill Center and

on Microsoft Teams. No individuals provided public comment during the public meeting.

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12/14/22 OBC: Motion by Jennifer Webster to approve the Oneida Nation Standard Operating Procedure

(SOP) entitled Emergency Management Law – Emergency Management Operations Team

with the addition of Chief Information Officer under 3.1 of the SOP, seconded by David P.

Jordan. Motion carried.

12/20/22:

Public Comment Period Closed. No submissions of written comments were received during

the public comment period.

1/4/23 LOC:

Motion by Jennifer Webster to accept the public comment review memorandum identifying

no public comments were received; seconded by Marie Cornelius. Motion carried

unanimously.

1/18/23 LOC: Motion by Jennifer Webster to approve the draft, legislative analysis, and fiscal impact

statement review memorandum, and forward to the Finance Department directing that a fiscal

impact statement be prepared and submitted to the LOC by February 15, 2023; seconded by

Marie Cornelius. Motion carried unanimously.

Next Steps:

 Approve the adoption packet for the Emergency Management law amendments and forward

to the Oneida Business Committee for consideration.

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ONEIDA

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Oneida Nation

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

March 8, 2023

Adoption of Amendments to the Emergency Management Law

Please find the following attached backup documentation for your consideration of the adoption

of amendments to the Emergency Management law:

Resolution: Amendments to the Emergency Management Law

Statement of Effect: Amendments to the Emergency Management Law

Emergency Management Law Amendments Legislative Analysis

Emergency Management Law Amendments Draft (Redline)

Emergency Management Law Amendments Draft (Clean)

Emergency Management Law Amendments Fiscal Impact Statement

Overview

The Oneida Business Committee adopted emergency amendments to the Emergency Management

law on September 14, 2022, through the adoption of resolution BC-09-14-22-B. The emergency

amendments to the Emergency Management law will expire on March 14, 2023. Amendments to

the Emergency Management law is now ready to be considered for permanent adoption.

Amendments to the Emergency Management law are being sought to address the Nation's

emergency response. The Emergency Management law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency

or disaster; to provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and organizations;

to establish the use of the National Incident Management System (NIMS); and to designate

authority and responsibilities for public health preparedness. [3 0. C. 3 02.1-1].

The proposed amendments to the Emergency Management law will:

Eliminate the Oneida Nation Emergency Planning Committee and replace it with an

Emergency Management Operations Team. [3 O.C. 302.5-1};

■

Provide that members of the Emergency Management Operations Team shall attend meetings,

or send a designee in their absence, and comply with any training requirements set forth by the

Emergency Management Director. [3 O.C. 302.5-3};

■

Require that within forty-eight (48) hours of an emergency, the Emergency Management

Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, an

emergency briefing to be presented to the Oneida Business Committee regarding the status of

the emergency, actions taken to address the emergency, and the activation of the Emergency

Response Plan. [3 O.C. 302.8-4];

■

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■

Allow the Oneida Business Committee to direct the Emergency Management Director to

provide additional emergency briefings to the Oneida Business Committee. [3 O.C. 302.8-4};

Require that within thirty (30) days of an emergency subsiding, unless additional time is

granted by the Oneida Business Committee, the Emergency Management Director shall

prepare, or shall work in conjunction with the appropriate entity to prepare, a preliminary

emergency assessment report to be presented to the Oneida Business Committee, any interested

entity, and the public. [3 O.C. 302.8-5];

Extend the amount of time for the Emergency Management Director to prepare and present an

after-action report to the Oneida Business Committee, any interested entity, and the public,

from sixty (60) days to ninety (90) days. [3 O.C. 302.8-6].

The Legislative Operating Committee developed the proposed amendments to the Emergency

Management law through collaboration with representatives from the Emergency Management

Department, General Manager, and the Government Administrative Office. The Legislative

Operating Committee held seven (7) work meetings on the development of the Emergency

Management law.

The development of the amendments to the Emergency Management law complies with all

processes and procedures required by the Legislative Procedures Act, including the development

of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public

meeting and public comment period. [1 0. C. 109. 6, 109. 7, 109. 8}.

A public meeting on the proposed amendments to the Emergency Management law was held on

December 13, 2022. No oral comments were provided during the public meeting. The public

comment period was then held open until December 20, 2022. No submissions of written

comments were received during the public comment period.

Requested Action

Adopt the Resolution: Amendments to the Emergency Management Law

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ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Emergency Management Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Emergency Management law (“the Law”) was adopted by the Oneida Business

Committee through resolution BC-07-15-98-A and amended by resolutions BC-12-20-06G, BC-05-13-09-F, and BC-03-10-21-A; and

WHEREAS,

the purpose of the Law is to provide for the development and execution of plans for the

protection of residents, property, and the environment in an emergency or disaster; provide

for the direction of emergency management, response, and recovery on the Reservation,

as well as coordination with other agencies, victims, businesses, and organizations;

establish the use of the National Incident Management System; and designate authority

and responsibilities for public health preparedness; and

WHEREAS,

the Oneida Business Committee recently adopted emergency amendments to the Law on

September 14, 2022, through the adoption of resolution BC-09-14-22-B in accordance with

the emergency adoption process set forth by the Legislative Procedures Act; and

WHEREAS,

the emergency amendments to the Law are set to expire on March 14, 2023; and

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to the Law

for consideration by the Oneida Business Committee; and

WHEREAS,

the amendments to the Law eliminate the Oneida Nation Emergency Planning Committee

and replace it with an Emergency Management Operations Team, clarifying that this Team

exists not as a board, committee, or commission of the Nation, but instead as a network of

different employee positions throughout the Nation that all have a responsibility to aid in

the Nation’s response to emergencies; and

WHEREAS,

the amendments to the Law provide that members of the Emergency Management

Operations Team shall attend meetings, or send a designee in their absence, and comply

with any training requirements set forth by the Emergency Management Director; and

WHEREAS,

the amendments to the Law require that within forty-eight (48) hours of an emergency, the

Emergency Management Director shall prepare, or shall work in conjunction with the

appropriate entity to prepare, an emergency briefing to be presented to the Oneida

Business Committee regarding the status of the emergency, actions taken to address the

emergency, and the activation of the Emergency Response Plan; and

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BC Resolution _____________

Amendments to the Emergency Management Law

Page 2 of 2

WHEREAS,

the amendments to the Law allow the Oneida Business Committee to direct the Emergency

Management Director to provide additional emergency briefings to the Oneida Business

Committee; and

WHEREAS,

the amendments to the Law require that within thirty (30) days of an emergency subsiding,

unless additional time is granted by the Oneida Business Committee, the Emergency

Management Director shall prepare, or shall work in conjunction with the appropriate entity

to prepare, a preliminary emergency assessment report to be presented to the Oneida

Business Committee, any interested entity, and the public; and

WHEREAS,

the amendments to the Law extend the amount of time for the Emergency Management

Director to prepare and present an after-action report to the Oneida Business Committee,

any interested entity, and the public, from sixty (60) days to ninety (90) days; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Emergency Management Department,

General Manager, and the Government Administrative Office; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the proposed amendments to the Law; and

WHEREAS,

a public meeting for the proposed amendments to this Law was held on December 13,

2022, and the public comment period for the amendments to this Law was held open until

December 20, 2022; and

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

to the Emergency Management law which shall become effective on March 14, 2023.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Amendments to the Emergency Management Law

Summary

This resolution adopts amendments to the Emergency Management law to improve the Nation’s

responses to emergencies.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: January 26, 2023

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Emergency Management law. The Emergency

Management law provides for the development and execution of plans for the protection of

residents, property, and the environment in an emergency or disaster; to provide for the direction

of emergency management, response, and recovery on the Reservation; as well as coordination

with other agencies, victims, businesses, and organizations; to establish the use of the National

Incident Management System (NIMS); and to designate authority and responsibilities for public

health preparedness. [3 O.C. 302.1-1]. The amendments to the Emergency Management law will:

 Eliminate the Oneida Nation Emergency Planning Committee and replace it with an

Emergency Management Operations Team. [3 O.C. 302.5-1];

 Provide that members of the Emergency Management Operations Team shall attend

meetings, or send a designee in their absence, and comply with any training requirements

set forth by the Emergency Management Director. [3 O.C. 302.5-3];

 Require that within forty-eight (48) hours of an emergency, the Emergency Management

Director shall prepare, or shall work in conjunction with the appropriate entity to prepare,

an emergency briefing to be presented to the Oneida Business Committee regarding the

status of the emergency, actions taken to address the emergency, and the activation of the

Emergency Response Plan. [3 O.C. 302.8-4];

 Allow the Oneida Business Committee to direct the Emergency Management Director to

provide additional emergency briefings to the Oneida Business Committee. [3 O.C. 302.84];

 Require that within thirty (30) days of an emergency subsiding, unless additional time is

granted by the Oneida Business Committee, the Emergency Management Director shall

prepare, or shall work in conjunction with the appropriate entity to prepare, a preliminary

emergency assessment report to be presented to the Oneida Business Committee, any

interested entity, and the public. [3 O.C. 302.8-5];

 Extend the amount of time for the Emergency Management Director to prepare and present

an after-action report to the Oneida Business Committee, any interested entity, and the

public, from sixty (60) days to ninety (90) days. [3 O.C. 302.8-6].

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

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purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Emergency Management law amendments complied with all processes and procedures

required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed amendments to the Emergency Management law was held on

December 13, 2022. The public comment period was then held open until December 20, 2022. No

public comments were received during the public meeting or public comment period.

The proposed amendments to the Emergency Management law will become effective on March

14, 2023.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Draft 1

2023 03 08

EMERGENCY MANAGEMENT LAW

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

 Eliminate the Oneida Nation Emergency Planning Committee and replace

Proposed Amendments

it with an Emergency Management Operations Team. [3 O.C. 302.5-1];

 Provide that members of the Emergency Management Operations Team

shall attend meetings, or send a designee in their absence, and comply

with any training requirements set forth by the Emergency Management

Director. [3 O.C. 302.5-3];

 Require that within forty-eight (48) hours of an emergency, the

Emergency Management Director shall prepare, or shall work in

conjunction with the appropriate entity to prepare, an emergency briefing

to be presented to the Oneida Business Committee regarding the status of

the emergency, actions taken to address the emergency, and the activation

of the Emergency Response Plan. [3 O.C. 302.8-4];

 Allow the Oneida Business Committee to direct the Emergency

Management Director to provide additional emergency briefings to the

Oneida Business Committee. [3 O.C. 302.8-4];

 Require that within thirty (30) days of an emergency subsiding, unless

additional time is granted by the Oneida Business Committee, the

Emergency Management Director shall prepare, or shall work in

conjunction with the appropriate entity to prepare, a preliminary

emergency assessment report to be presented to the Oneida Business

Committee, any interested entity, and the public. [3 O.C. 302.8-5];

 Extend the amount of time for the Emergency Management Director to

prepare and present an after-action report to the Oneida Business

Committee, any interested entity, and the public, from sixty (60) days to

ninety (90) days. [3 O.C. 302.8-6].

Purpose

To provide for the development and execution of plans for the protection of

residents, property, and the environment in an emergency or disaster; to

provide for the direction of emergency management, response, and recovery

on the Reservation; as well as coordination with other agencies, victims,

businesses, and organizations; to establish the use of the National Incident

Management System (NIMS); and to designate authority and responsibilities

for public health preparedness. [3 O.C. 302.1-1]

Affected Entities

Emergency Management Operations Team, Emergency Management

Director, Oneida Business Committee

Public Meeting

A public meeting was held on December 13, 2022. The public comment

period was held open until December 20, 2022.

Fiscal Impact

A fiscal impact statement was provided by the Finance Administration on

February 15, 2023.

Expiration of Emergency Emergency legislation expires six (6) months after adoption and may be

Legislation

renewed for an additional six (6) month period. The emergency amendments

to this law will expire on March 14, 2022.

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Analysis to Draft 1

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Emergency Management law (“the Law”) was first adopted by the Oneida Business

Committee on July 15, 1998,(formally known as the Emergency Management and Homeland Security

law) and most recently amended on March 10, 2021. The Law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency or

disaster; to provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to

establish the use of the National Incident Management System (NIMS); and to designate authority and

responsibilities for public health preparedness. [3 O.C. 302.1-1].

B. Adoption of Emergency Amendments. On June 15, 2022, the Oneida Nation and surrounding areas

experienced a severe thunderstorm, high winds and tornados affecting power, damaging homes and

businesses, and impacting access through downed trees causing multiple buildings and much of the

programs and services of the Nation to be negatively impacted through damage to buildings, lack of

power and utilities, and inability of employees to come to work as a result of the same impact on their

homes. The Oneida Business Committee declared an emergency resulting from the damages caused by

the June 15, 2022, severe weather through the adoption of resolution BC-06-20-22-A, Declaration of

Emergency Resulting from the Damages Caused by the June 15, 2022, Severe Weather and Tornado.

On June 24, 2022, the Oneida Business Committee storm held an emergency debrief session with the

Emergency Management Director, and in that meeting it was identified that amendments to the

Emergency Management law would be needed to address the Oneida Nation Emergency Planning

Committee, and the difficulties of composing this Team to meet the needs of the Nation for an

emergency response. The Legislative Operating Committee added these amendments to its Active Files

List on July 6, 2022, and determined that these amendments should be pursued on an emergency basis.

 The Oneida Nation Emergency Planning Committee assists the Emergency Management Director

in drafting and maintaining the Emergency Response Plan, and at the request of the Emergency

Management Director, the Oneida Nation Emergency Planning Committee shall provide assistance

to the Emergency Management Director in the implementation of the provisions of this law or any

plan issued thereunder. The Oneida Nation Emergency Planning Committee shall consist of

representatives from entities and a community representative as identified in the Oneida Nation

Emergency Planning Committee bylaws.

 Some of the positions identified in the Bylaws are direct reports to the Oneida Business Committee

or General Manager, or are employees of the Nation’s Internal Audit Department, Finance

Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and

Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law

provides that direct reports to the Oneida Business Committee or General Manager, or are

employees of the Nation’s Internal Audit Department, Finance Administration, Law Office,

Business Committee Support Office, or Intergovernmental Affairs and Communications are

ineligible to serve on an appointed or elected boards, committee, or commission of the Nation.

Amendments to the Law are being sought to address the Oneida Nation Emergency Planning

Committee since it is essential that direct reports and employees of those designated areas

participate on this committee in order to achieve the best emergency response for the Nation.

 The emergency adoption of amendments to this Law were necessary for the preservation of the

safety and general welfare of the Reservation population in order to ensure that the Nation can

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Analysis to Draft 1

2023 03 08



adequately respond to emergencies that occur by ensuring that there is an Emergency Management

Operations Team that can assist the Emergency Management Director in drafting and maintaining

the Emergency Response Plan., as well as assist the Emergency Management Director in the

implementation of the provisions of this law or any plan issued thereunder.

Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law were contrary to public interest since the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that the

Emergency Management Operations Team can be established and prepared to aid in the emergency

response prior to the next emergency occurring within the Nation.

The Oneida Business Committee adopted emergency amendments to the Emergency Management

law on September 14, 2022, through the adoption of resolution BC-09-14-22-B. The emergency

amendments to the Emergency Management law will expire on March 14, 2023.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

emergency amendments to this Law and legislative analysis:

 Emergency Management Department;

 General Manager; and

 Government Administrative Office.

B. The following laws were reviewed in the drafting of this analysis:

 Emergency Management law; and

 Boards, Committees, and Commissions law.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Emergency Management law complies with the

process set forth in the Legislative Procedures Act (LPA).

 On July 6, 2022, the Legislative Operating Committee added the Law to its Active Files List.

 On September 7, 2022, the Legislative Operating Committee approved the Emergency

Management law emergency amendments adoption packet and forward these materials to the

Oneida Business Committee for consideration.

 On September 14, 2022, the Oneida Business Committee adopted resolution BC-09-14-22-B

entitled, Emergency Amendments to the Emergency Management Law.

 On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed

amendments to the Emergency Management law and directed that a legislative analysis be

completed.

 On October 19, 2022, the Legislative Operating Committee approved the legislative analysis.

 On November 2, 2022, the Legislative Operating Committee approved the public meeting packet

and forwarded the Emergency Management law amendments to a public meeting to be held on

December 13, 2022.

 On December 13, 2022, the Legislative Operating Committee held a public meeting on the

proposed amendments to the Law in the Norbert Hill Center’s Executive Conference room as well

as on Microsoft Teams. No one provided public comments during the public meeting. The public

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comment period was held open until December 20, 2022. No written submissions of public

comments were received during the public comment period.

 On January 4, 2023, the Legislative Operating Committee accepted the public comment review

memorandum identifying no public comments were received.

 On January 18, 2023, the Legislative Operating Committee approved the draft, legislative analysis,

and fiscal impact statement review memorandum, and forwarded these materials to the Finance

Department directing that a fiscal impact statement be prepared and submitted to the LOC by

February 15, 2023.

 On February 15, 2023, the Finance Administration provided the fiscal impact statement.

B. The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

 July 18, 2022: Work Session with Governmental Administrative Office, General Manager, and

Emergency Management Department.

 August 2, 2022: Work Session with Governmental Administrative Office, General Manager, and

Emergency Management Department.

 August 25, 2022: Work Session with Governmental Administrative Office, General Manager, and

Emergency Management Department.

 August 25, 2022: LOC work session.

 August 30, 2022: LOC work session with the Emergency Management Department.

 October 4, 2022: Work Session with Gaming General Manager and Staff, General Manager,

Finance Administration, and the Emergency Management Director.

 November 4, 2022: Work session with Finance Administration, Gaming General Manager, Gaming

Management, General Manager, Retail General Manager, Emergency Management Director.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Emergency Management Operations Team. Previously the Law provided that there be an Oneida

Nation Emergency Planning Committee which consisted of representatives from entities and a

community representative as identified in the Oneida Nation Emergency Planning Committee bylaws

as approved by the Oneida Business. The proposed amendments to the Law eliminate the Oneida Nation

Emergency Planning Committee and replace it with an Emergency Management Operations Team. [3

O.C. 302.5-1]. The Emergency Management Operations Team consists of representatives from entities

as identified by the Emergency Management Director. Id. The purpose of the Emergency Management

Operations Team remains the same as the purpose of the Oneida Nation Emergency Planning

Committee, which is to assist the Emergency Management Director in drafting and maintaining the

Emergency Response Plan, as well as to assist the Emergency Management Director in the

implementation of any provision of the Law or any plan issued thereunder. [3 O.C. 302.5-2].

Additionally, a new provision added to the Law sets expectations for the Emergency Management

Operations Team by providing the requirement that members attend meetings, or send a designee in

their absence, and comply with any training requirements set forth by the Emergency Management

Director. [3 O.C. 302.5-3].

 Effect. The proposed amendments to the Law replace the Oneida Nation Emergency Planning

Committee with the Emergency Management Operations Team. This revision demonstrates

that the Nation is better suited with the Emergency Management Operations Team which exists

not as a board, committee, or commission of the Nation, but instead as a network of different

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employee positions throughout the Nation that all have a responsibility to aid in the Nation’s

response to emergencies. This eliminates the previous difficulty in composing this Team to

meet the needs of the Nation for an emergency response since a conflict with section 105.15-3

of the Boards, Committees, and Commissions law no longer exists, and the direct reports and

employees of those designated areas can now participate on this Emergency Management

Operations Team to achieve the best emergency response for the Nation.

B. Emergency Briefings. A new provision was added to the Law which requires that within forty-eight

(48) hours of an emergency, the Emergency Management Director shall prepare, or shall work in

conjunction with the appropriate entity to prepare, an emergency briefing to be presented to the Oneida

Business Committee regarding the status of the emergency, actions taken to address the emergency,

and the activation of the Emergency Response Plan. [3 O.C. 302.8-4]. The Oneida Business Committee

may then direct the Director to provide additional emergency briefings. Id.

 Effect. The new provision ensures that the Emergency Management Director is briefing the

Oneida Business Committee on the status of the emergency, actions taken to address the

emergency, and the activation of the Emergency Response Plan so that the Oneida Business

Committee stays informed on an emergency occurring within the Nation in an effort to make

better policy decisions and provide greater communication to the community.

C. Preliminary Emergency Assessment Report. A new provision was added to the Law which requires

that after an emergency has subsided, the Director shall prepare, or shall work in conjunction with the

appropriate entity to prepare, a preliminary emergency assessment report to be presented to the Oneida

Business Committee, any interested entity, and the public. [3 O.C. 302.8-5]. This report is required to

be presented to the parties no later than thirty (30) days after the emergency has subsided, unless an

extension is granted by the Oneida Business Committee.

 Effect. The new provision to the Law ensures the Emergency Management Director is

providing the Oneida Business Committee, any interested entity, and the public with a

preliminary report that reviews the Nation’s response to an emergency and identifies any areas

in which the response could have been improved. Providing this information in a preliminary

emergency assessment report allows the Nation to be best prepared in how to improve

emergency response, in case an additional emergency occurs before the full analysis of a

particular emergency response can be provided in the after-action report.

D. Extension of the Timeframe for an After-Action Report. Previously, the Law provided that after an

emergency has subsided, the Emergency Director shall prepare, or shall work in conjunction with the

appropriate entity to prepare, an after-action report to be presented to the Oneida Business Committee,

any interested entity, and the public no later than sixty (60) days after the emergency has subsided,

unless an extension is granted by the Oneida Business Committee. The amendments to the Law extend

the timeframe for when an after-action report is required to be presented from sixty (60) days to ninety

(90) days. [3 O.C. 302.8-6].

 Effect. The amendments to the Law provide the Emergency Management Director additional

time to prepare an after-action report to be presented to the Oneida Business Committee, any

interested entity, and the public. The Emergency Management Director informed the

Legislative Operating Committee that sixty (60) days is not a sufficient time allowance to

complete this report, especially when there are times that information needs to be collected

from other agencies to be included in the report.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of these proposed emergency amendments conform with the requirements of

the Legislative Procedures Act.

 Boards, Committees, and Commissions Law. The Boards Committees and Commissions law

governs boards, committees, and commissions of the Nation, including the procedures

regarding the appointment and election of persons to boards, committees and commissions,

creation of bylaws, maintenance of official records, compensation, and other items related to

boards, committees and commissions. [1 O.C. 105.1-1].

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 The Boards, Committees, and Commissions law provides that direct reports to the

Oneida Business Committee or General Manager, or are employees of the Nation’s

Internal Audit Department, Finance Administration, Law Office, Business Committee

Support Office, or Intergovernmental Affairs and Communications are ineligible to

serve on an appointed or elected boards, committee, or commission of the Nation. [1

O.C. 105.15-3].

 The proposed amendments to the Law replace the Oneida Nation Emergency Planning

Committee with the Emergency Management Operations Team to eliminate any

conflict with section 105.15-3 of the Boards, Committees, and Commissions law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The emergency amendments to the Law will expire

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on March 14, 2022. The emergency legislation may be renewed for an additional six (6) month period.

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 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

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amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

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this Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC234

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. The Legislative Operating Committee received a fiscal impact statement from the

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Finance Administration on February 15, 2023.

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Title 3. Health and Public Safety – Chapter 302

Yotlihokt# Olihw@=ke

Matters that are concerning immediate attention

EMERGENCY MANAGEMENT

302.1. Purpose and Policy

302.2. Adoption, Amendment, Conflicts

302.3. Definitions

302.4. Emergency Management Department

302.5. Oneida Nation Emergency Planning CommitteeManagement

Operations Team

302.6. Entity Cooperation

302.7. Public Health Emergencies

302.8. Proclamation of an Emergency

302.9. Emergency Core Decision Making Team

302.10. Enforcement and Penalties

302.1. Purpose and Policy

302.1-1. Purpose. The purpose of this law is to:

(a) provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster;

(b) provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and

organizations;

(d) designate authority and responsibilities for public health preparedness.

302.1-2. Policy. It is the policy of the Nation to provide:

(a) a description of the emergency management network of the Nation;

(b) authorization for specialized activities to mitigate hazardous conditions and for the

preparation of the Nation’s emergency response plans, as well as to address concerns

related to isolation and/or quarantine orders, emergency care, and mutual aid; and

to be deemed specifically for the protection and benefit of the inhabitants, property, and

environment of the Reservation.

302.2. Adoption, Amendment, Repeal

302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A

and, amended by resolution BC-12-20-06-G, BC-05-13-09-F, and BC-03-10-21-A., and BC-____-__-__.

302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

302.2-3. 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.

302.2-4. 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.

302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

302.3. Definitions

302.3-1. This section shall govern the definitions of words or phrases as used within this law.

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

(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely

affect human health in a variety of ways, from mild allergic reactions to serious medical

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conditions, and including death.

(b) “Communicable disease” means any disease transmitted from one person or animal to

another directly by contact with excreta or other discharges from the body, or indirectly via

substances or inanimate objects that may cause a public health emergency.

Division, or his or her designee(s), who is responsible for taking the appropriate actions in

order to prevent a public health emergency from occurring on the Reservation.

(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,

which is authorized to issue compulsory vaccinations, require isolation, and quarantine

individuals in order to protect the public health.

(e) “Director” means the Director of the Nation’s Emergency Management Department.

(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,

property, or environment which requires urgent intervention to prevent further illness,

injury, death, or other worsening of the situation.

(g) “Emergency Management Network” means the entities, volunteers, consultants,

contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents

and large-scale disasters.

(h) “Emergency Response Plan” means the plan established to coordinate mitigation,

preparedness, response, and recovery activities for all emergency or disaster situations

within the Reservation.

(i) “Entity” means any agency, board, committee, commission, or department of the

Nation.

(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,

absent of a disaster.

(k) “Isolation” means the separation of persons or animals presumably or actually infected

with a communicable disease, or that are disease carriers, for the usual period of

communicability of that disease in such places and under such conditions as will prevent

the direct or indirect transmission of an infectious agent to susceptible people or to those

who may spread the agent to others.

(l) “Nation” means the Oneida Nation.

(m) “National Incident Management System” or “NIMS” means the system mandated by

Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that

provides a consistent nationwide approach for federal, state, local, and tribal governments

to work effectively and efficiently together to prepare for, prevent, respond to, and recover

from domestic incidents, regardless of cause, size, or complexity.

(n) “Oneida Nation Emergency Planning Committee” means the committee that assists the

Director in the implementation of this law.

(o(n) “Proclaim” means to announce officially and publicly.

(po)

“Public Health Emergency” means the occurrence or imminent threat of an illness

or health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

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humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number of

people.

(qp)

“Quarantine” means the limitation of freedom of movement of persons or animals

that have been exposed to a communicable disease or chemical, biological, or radiological

agent, for a period of time equal to the longest usual incubation period of the disease or

until there is no risk of spreading the chemical, biological, or radiological agent. The

limitation of movement shall be in such manner as to prevent the spread of a communicable

disease or chemical, biological, or radiological agent.

(rq) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and

any lands added thereto pursuant to federal law.

(sr) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

(ts) “Vital resources” means food, water, equipment, sand, wood, or other materials

obtained for the protection of life, property, and/or the environment during a proclaimed

emergency.

302.4. Emergency Management Department

302.4-1. The Emergency Management Department shall be responsible for planning and

coordinating the response to a disaster or emergency that occurs within the boundaries of the

Reservation.

302.4-2. Authority of the Director. The Director shall be responsible for coordinating and

planning the operational response to an emergency and is hereby empowered to:

(a) organize and coordinate efforts of the emergency management network of the Nation;

(b) implement the Emergency Response Plan as adopted by the Oneida Business

Committee;

arise among them;

(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments

to administer the best practices contained in the NIMS;

(e) coordinate the development and implementation of the NIMS within the Nation;

(f) ensure that the following occurs:

(1) an Emergency Response Plan is developed and maintained, and includes

training provisions for applicable personnel;

(2) emergency resources, equipment, and communications systems are developed,

procured, supplied, inventoried, and accounted for;

(g) establish the line of authority as recorded in the Emergency Response Plan as adopted

by the Oneida Business Committee; and

(h) enter into mutual aid and service agreements with tribal, local, state, and federal

governments, subject to Oneida Business Committee approval.

302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of

an emergency on the Reservation, the Director is hereby empowered:

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(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon

approval of the Emergency Management purchasing agent, who is identified in the

Emergency Response Plan. If a person or business refuses to provide the resource(s)

required, the Director may commandeer resources for public use and bind the Nation for

the fair market value thereof. In the event the purchasing agent is unavailable, the chain of

command, as approved by the Oneida Business Committee, shall be followed.

(b) to require emergency activities of as many members of the Nation and/or employees

as deemed necessary.

by this law or by resolution adopted pursuant thereto, all powers conferred on the Director

by any agreement approved by the Oneida Business Committee, and to exercise complete

emergency authority over the Reservation.

(d) to coordinate with tribal, federal, state, and local authorities.

302.5. Oneida Nation Emergency Planning Committee Management Operations Team

302.5-1. The Oneida Nation Establishment and Composition. There is hereby established an

Emergency Planning CommitteeManagement Operations Team which shall consist of

representatives from entities and a community representative of the Nation as identified in the

Oneida Nation Emergency Planning Committee bylaws as approved by the Oneida Business

Committee.Director.

302.5-2. Purpose. The Oneida Nation Emergency Planning CommitteeManagement Operations

Team shall meet as necessary to, as determined by the Director, for the following purposes:

(a) assist the Director in drafting and maintaining the Emergency Response Plan.; and

(b) assist the Director in 302.5-3. At the request of the Director, the Oneida Nation

Emergency Planning Committee shall provide assistance to the Director in the

implementation of the provisions of this law or any plan issued thereunder.

302.5-3. Expectations. Members of the Emergency Management Operations Team shall attend

meetings, or send a designee in their absence, and comply with any training requirements set forth

by the Director.

302.6. Entity Cooperation

302.6-1. All entities shall comply with reasonable requests from the Director relating to

emergency planning, emergency operations, and federal mandate compliance.

302.6-2. The Nation may implement more strict policies or requirements than those issued by the

Community/Public Health Officer.

302.7. Public Health Emergencies

302.7-1. In order to prevent a public health emergency, the Director and the Community/Public

Health Officer shall take action to limit the spread of any communicable disease, in accordance

with this law.

302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer

suspects or is informed of the existence of any communicable disease, the Community/Public

Health Officer shall investigate and make or cause examinations to be made, as are deemed

necessary.

302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of

quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.

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302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health

Officer shall act as necessary to protect the public including, but not limited to, the following

actions:

(a) Request the Director to take the necessary steps to have a public health emergency

proclaimed;

(b) Quarantine, isolate, or take other communicable disease control measures upon an

individual(s); and

communicable disease to any individual, business, or the general population of the

Reservation.

302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately

quarantine, isolate, and/or take other communicable disease control measures upon an individual

if the Community/Public Health Officer receives a diagnostic report from a physician or a written

or verbal notification from an individual or his or her parent or caretaker that gives the

Community/Public Health Officer a reasonable belief that the individual has a communicable

disease that is likely to cause a public health emergency.

(a) If an individual is infected with a communicable disease and the Community/Public

Health Officer determines it is necessary to limit contact with the individual, all persons

may be forbidden from being in direct contact with the infected individual, except for those

persons having a special written permit from the Community/Public Health Officer.

(b) Any individual, including an authorized individual, who enters an isolation or

quarantine premises may be subject to isolation or quarantine under this law.

quarantined, isolated, or otherwise restricted in a separate place, the Community/Public

Health Officer shall have that individual removed to such a designated place, if it can be

done without danger to the individual’s health.

302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health

emergency is proclaimed, the Community/Public Health Officer may do all of the following, as

necessary:

(a) organize the vaccination of individuals;

(1) The following types of individuals shall not be subject to a vaccination:

(A) an individual who the vaccination is reasonably likely to lead to serious

harm to the individual; and

(B) an individual, for reason of religion or conscience, refuses to obtain the

vaccination.

(b) isolate or quarantine individuals, including those who are unable or unwilling to receive

a vaccination; and

(c)

prevent any individual, except for those individuals authorized by the

Community/Public Health Officer, from entering an isolation or quarantine premises.

302.7-7. The Oneida Police Department shall take enforcement action when necessary and work

with the Community/Public Health Officer to execute the Community/Public Health Officer’s

orders and properly guard any place if quarantine, isolation, or other restrictions on communicable

disease are violated or intent to violate becomes apparent.

302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected

individual shall be charged against the individual or whoever is liable for the individual’s care and

support.

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302.8. Proclamation of an Emergency

302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible

for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or

presidential declaration.

(a) The Director may request that the Oneida Business Committee proclaim the existence

of an emergency. The Oneida Business Committee may proclaim the existence of an

emergency without a request from the Director, if warranted.

(b) In the event the Oneida Business Committee is unable to proclaim or ratify the

existence of an emergency, the Director may proclaim an emergency which shall be in

effect until such time the Oneida Business Committee can officially ratify this declaration.

302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director

may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the

Oneida Business Committee.

302.8-3. Management Network. The emergency management network of the Reservation shall

be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.

302.8-4. Emergency Briefings. Within forty-eight (48) hours of an emergency, the Director shall

prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing

to be presented to the Oneida Business Committee regarding the status of the emergency, actions

taken to address the emergency, and the activation of the Emergency Response Plan. The Oneida

Business Committee may direct the Director to provide additional emergency briefings.

302.8-5.After-Action Preliminary Emergency Assessment Report. After an emergency has

subsided, the Director shall prepare, or shall work in conjunction with the appropriate entity to

prepare, an after-actiona preliminary emergency assessment report to be presented to the Oneida

Business Committee, any interested entity, and the public. This report shall be presented to the

required parties no later than sixty (60thirty (30) days after the emergency has subsided, unless an

extension is granted by the Oneida Business Committee.

302.8-6. After-Action Report. After an emergency has subsided, the Director shall prepare, or

shall work in conjunction with the appropriate entity to prepare, an after-action report to be

presented to the Oneida Business Committee, any interested entity, and the public. This report

shall be presented to the required parties no later than ninety (90) days after the emergency has

subsided, unless an extension is granted by the Oneida Business Committee.

302.8-7.302.8-5. During a proclaimed emergency, the Conservation Department shall be

responsible for the care, disposal, and sheltering of all abandoned domestic animals and livestock.

The Conservation Department may delegate this responsibility to a contracted agency.

302.9. Emergency Core Decision Making Team

302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under

this law, the Oneida Business Committee may establish an Emergency Core Decision Making

Team through the adoption of a motion. The motion shall identify the positions of the Nation which

shall make up the members of the Emergency Core Decision Making Team based on the type and

severity of emergency the Nation is experiencing.

302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have

emergency authority to take the following actions:

(a) Notwithstanding any requirements of the Legislative Procedures Act, declare

exceptions to the Nation’s laws during the emergency period which will be of immediate

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impact for the purposes of protecting the health, safety, and general welfare of the Nation’s

community, members, and employees; and

(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard

operating procedures, declare exceptions to any policy, procedure, regulation, or standard

operating procedure during the emergency period which will be of immediate impact for

the purposes of protecting the health, safety, and general welfare of the Nation’s

community, members, and employees.

302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team

shall:

(a) be written on the Nation’s letterhead;

(b) provide the date the declaration was issued;

(d) provide the date the directive shall go into effect;

(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the

Chairperson’s absence; and

(f) be posted on the Nation’s website.

302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making

Team. Any declaration made under the authority granted in this section shall be effective upon

the date declared by the Emergency Core Decision Making Team and shall be effective for the

duration of any proclaimed emergency, or for a shorter time period if identified.

302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a

declaration being made, the Emergency Core Decision Making Team shall provide notification of

the declaration to the Oneida Business Committee.

302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or

emergency action taken by the Emergency Core Decision Making Team.

302.10. Enforcement and Penalties

302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,

hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued

thereunder, whether or not an emergency has been proclaimed.

302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who

violates a provision of this law.

(a) A citation for a violation of this law shall be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations.

(b) The Oneida Business Committee shall adopt through resolution a citation schedule

which sets forth specific fine amounts for violations of this law.

302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work

hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action

in accordance with the Nation’s laws and policies governing employment.

(a) An employee of the Nation who is disciplined under this law may appeal the

disciplinary action in accordance with the Nation’s laws and policies governing

employment.

End.

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Adopted - BC-07-15-98-A

Amended - BC-12-20-06-G

Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))

Amended - BC-05-13-09-F

Emergency Amended – BC-03-17-20-E (COVID-19)

Extension of Emergency – BC-08-26-20-A

Amended – BC-03-10-21-A

Emergency Amended – BC-09-14-22-B

Amended – BC-__-__-__-__

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Title 3. Health and Public Safety – Chapter 302

Yotlihokt# Olihw@=ke

Matters that are concerning immediate attention

EMERGENCY MANAGEMENT

302.1. Purpose and Policy

302.2. Adoption, Amendment, Conflicts

302.3. Definitions

302.4. Emergency Management Department

302.5. Emergency Management Operations Team

302.6. Entity Cooperation

302.7. Public Health Emergencies

302.8. Proclamation of an Emergency

302.9. Emergency Core Decision Making Team

302.10. Enforcement and Penalties

302.1. Purpose and Policy

302.1-1. Purpose. The purpose of this law is to:

(a) provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster;

(b) provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and

organizations;

(d) designate authority and responsibilities for public health preparedness.

302.1-2. Policy. It is the policy of the Nation to provide:

(a) a description of the emergency management network of the Nation;

(b) authorization for specialized activities to mitigate hazardous conditions and for the

preparation of the Nation’s emergency response plans, as well as to address concerns

related to isolation and/or quarantine orders, emergency care, and mutual aid; and

to be deemed specifically for the protection and benefit of the inhabitants, property, and

environment of the Reservation.

302.2. Adoption, Amendment, Repeal

302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A,

amended by resolution BC-12-20-06-G, BC-05-13-09-F, BC-03-10-21-A, and BC-__-__-__-__.

302.2-2. This law may be amended or repealed by the Oneida Business Committee or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

302.2-3. 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.

302.2-4. 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.

302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

302.3. Definitions

302.3-1. This section shall govern the definitions of words or phrases as used within this law.

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

(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely

affect human health in a variety of ways, from mild allergic reactions to serious medical

conditions, and including death.

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(b) “Communicable disease” means any disease transmitted from one person or animal to

another directly by contact with excreta or other discharges from the body, or indirectly via

substances or inanimate objects that may cause a public health emergency.

Division, or his or her designee(s), who is responsible for taking the appropriate actions in

order to prevent a public health emergency from occurring on the Reservation.

(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,

which is authorized to issue compulsory vaccinations, require isolation, and quarantine

individuals in order to protect the public health.

(e) “Director” means the Director of the Nation’s Emergency Management Department.

(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,

property, or environment which requires urgent intervention to prevent further illness,

injury, death, or other worsening of the situation.

(g) “Emergency Management Network” means the entities, volunteers, consultants,

contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents

and large-scale disasters.

(h) “Emergency Response Plan” means the plan established to coordinate mitigation,

preparedness, response, and recovery activities for all emergency or disaster situations

within the Reservation.

(i) “Entity” means any agency, board, committee, commission, or department of the

Nation.

(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,

absent of a disaster.

(k) “Isolation” means the separation of persons or animals presumably or actually infected

with a communicable disease, or that are disease carriers, for the usual period of

communicability of that disease in such places and under such conditions as will prevent

the direct or indirect transmission of an infectious agent to susceptible people or to those

who may spread the agent to others.

(l) “Nation” means the Oneida Nation.

(m) “National Incident Management System” or “NIMS” means the system mandated by

Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that

provides a consistent nationwide approach for federal, state, local, and tribal governments

to work effectively and efficiently together to prepare for, prevent, respond to, and recover

from domestic incidents, regardless of cause, size, or complexity.

(n) “Proclaim” means to announce officially and publicly.

(o) “Public Health Emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number of

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people.

(p) “Quarantine” means the limitation of freedom of movement of persons or animals that

have been exposed to a communicable disease or chemical, biological, or radiological

agent, for a period of time equal to the longest usual incubation period of the disease or

until there is no risk of spreading the chemical, biological, or radiological agent. The

limitation of movement shall be in such manner as to prevent the spread of a communicable

disease or chemical, biological, or radiological agent.

(q) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and

any lands added thereto pursuant to federal law.

(r) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

(s) “Vital resources” means food, water, equipment, sand, wood, or other materials

obtained for the protection of life, property, and/or the environment during a proclaimed

emergency.

302.4. Emergency Management Department

302.4-1. The Emergency Management Department shall be responsible for planning and

coordinating the response to a disaster or emergency that occurs within the boundaries of the

Reservation.

302.4-2. Authority of the Director. The Director shall be responsible for coordinating and

planning the operational response to an emergency and is hereby empowered to:

(a) organize and coordinate efforts of the emergency management network of the Nation;

(b) implement the Emergency Response Plan as adopted by the Oneida Business

Committee;

arise among them;

(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments

to administer the best practices contained in the NIMS;

(e) coordinate the development and implementation of the NIMS within the Nation;

(f) ensure that the following occurs:

(1) an Emergency Response Plan is developed and maintained, and includes

training provisions for applicable personnel;

(2) emergency resources, equipment, and communications systems are developed,

procured, supplied, inventoried, and accounted for;

(g) establish the line of authority as recorded in the Emergency Response Plan as adopted

by the Oneida Business Committee; and

(h) enter into mutual aid and service agreements with tribal, local, state, and federal

governments, subject to Oneida Business Committee approval.

302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of

an emergency on the Reservation, the Director is hereby empowered:

(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon

approval of the Emergency Management purchasing agent, who is identified in the

Emergency Response Plan. If a person or business refuses to provide the resource(s)

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required, the Director may commandeer resources for public use and bind the Nation for

the fair market value thereof. In the event the purchasing agent is unavailable, the chain of

command, as approved by the Oneida Business Committee, shall be followed.

(b) to require emergency activities of as many members of the Nation and/or employees

as deemed necessary.

by this law or by resolution adopted pursuant thereto, all powers conferred on the Director

by any agreement approved by the Oneida Business Committee, and to exercise complete

emergency authority over the Reservation.

(d) to coordinate with tribal, federal, state, and local authorities.

302.5. Emergency Management Operations Team

302.5-1. Establishment and Composition. There is hereby established an Emergency Management

Operations Team which shall consist of representatives from entities of the Nation as identified by

the Director.

302.5-2. Purpose. The Emergency Management Operations Team shall meet as necessary, as

determined by the Director, for the following purposes:

(a) assist the Director in drafting and maintaining the Emergency Response Plan; and

(b) assist the Director in the implementation of the provisions of this law or any plan issued

thereunder.

302.5-3. Expectations. Members of the Emergency Management Operations Team shall attend

meetings, or send a designee in their absence, and comply with any training requirements set forth

by the Director.

302.6. Entity Cooperation

302.6-1. All entities shall comply with reasonable requests from the Director relating to

emergency planning, emergency operations, and federal mandate compliance.

302.6-2. The Nation may implement more strict policies or requirements than those issued by the

Community/Public Health Officer.

302.7. Public Health Emergencies

302.7-1. In order to prevent a public health emergency, the Director and the Community/Public

Health Officer shall take action to limit the spread of any communicable disease, in accordance

with this law.

302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer

suspects or is informed of the existence of any communicable disease, the Community/Public

Health Officer shall investigate and make or cause examinations to be made, as are deemed

necessary.

302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of

quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.

302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health

Officer shall act as necessary to protect the public including, but not limited to, the following

actions:

(a) Request the Director to take the necessary steps to have a public health emergency

proclaimed;

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