# Oneida Business Committee (2023)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0ad628c0851af45c

## Record

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

## Text

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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 AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
March 1, 2023
9:00 a.m.
I.

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)

V.

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

r'\

mooao
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)
I.

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.

V.

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

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 Nation

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

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Oneida Business Committee
Legislative Operating Committee

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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:
1.
2.
3.
4.
5.
6.

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

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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
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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

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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
2023 03 08
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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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



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.

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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

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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;
(c) establish the use of the National Incident Management System (NIMS); and
(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
(c) for all expenditures made in connection with such emergency management activities
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.
(c) “Community/Public Health Officer” means an agent of the Comprehensive Health
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;
(c) facilitate coordination and cooperation between entities and resolve questions that may
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.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
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
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
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.
(c) When the Community/Public Health Officer deems it necessary that an individual be
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;
(c) contain a clear statement of the directives;
(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.
(c) The Trial Court shall have jurisdiction over any action brought under 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

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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;
(c) establish the use of the National Incident Management System (NIMS); and
(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
(c) for all expenditures made in connection with such emergency management activities
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.
(c) “Community/Public Health Officer” means an agent of the Comprehensive Health
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;
(c) facilitate coordination and cooperation between entities and resolve questions that may
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.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
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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(b) Quarantine, isolate, or take other communicable disease control measures upon an
individual(s); and
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
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.
(c) When the Community/Public Health Officer deems it necessary that an individual be
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.
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.
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(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. Preliminary Emergency Assessment Report. 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. This report shall be presented to the required parties no later than
thirty (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. 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
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
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Draft 1 for OBC Consideration
2022 03 08
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;
(c) contain a clear statement of the directives;
(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.
(c) The Trial Court shall have jurisdiction over any action brought under 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.
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

3 O.C. 302 – Page 7

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Draft 1 for OBC Consideration
2022 03 08
Amended – BC-03-10-21-A
Emergency Amended – BC-09-14-22-B
Amended – BC-__-__-__-__

3 O.C. 302 – Page 8

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FINANCE ADMINISTRATION
Fiscal Impact Statement

r°'\

000000

ONEIDA

MEMORANDUM
To:
David Jordan, LOC Chairman
From: Keith Doxtator, CFO
Date: February 7th, 2023
RE:
Emergency Management Law Amendments
I.

Estimated Fiscal Impact Summary:
Law: Emergency Management
Implementing Agency
Estimated Time to
Comply
Estimated Impact
Total Estimated
Fiscal Impact

Emergency Management Department
Upon adoption of the law
Current Fiscal Year

Ten Year Estimate

II.

Background:
The amendments to the Emergency Management law eliminates the Emergency
Planning Committee and replaces it with an Emergency Management Operations
Team. Additionally, these amendments detail Emergency Briefings and After-Action
Reports assigning these responsibilities to the Director the of the Emergency
Management Department.

III.

Methodology and Assumptions:
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year
financial effects associated with legislation and includes startup costs, personnel,
office costs, documentation costs, as well as an estimate of the amount of time
necessary for an agency to comply with the Law after implementation.
This fiscal impact statement will review only the impact of the amendments, not the
law in its entirety.

IV.

Financial Impact:

P.O. Box 365 • Oneida, WI 54155
oneida-nsn.gov

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Neither change presented, the Committee to Team, nor the reporting requirements
present financial considerations. I have confirmed with the Emergency Management
Director that no staff would need to be hired to fill out the Team, and that reporting
requirements will fall wither current job duties.
V.

Recommendation:
Finance Department can confirm these amendments do not produce a fiscal impact,
and accordingly does not make a recommendation to adopt these amendments or
not. We hope these disclosure help provide the Oneida Business Committee and
General Tribal Council the information needed to render their decision.

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

~
ONEIDA

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

~
ONEIDA

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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

Election Law
Emergency Amendments

Submission Date: 2/15/23
LOC Sponsor: Kirby Metoxen

Public Meeting: N/A
Emergency Enacted: N/A

Summary: On February 15, 2023, the Legislative Operating Committee received a request from the
Oneida Election Board to consider emergency amendments to the Election law to ensure the 2023 General
Election can be conducted in an efficient and lawful manner. The Nation’s 2023 General Election is
scheduled for July 15, 2023. The caucus for the 2023 General Election is scheduled for April 15, 2023.
Section 102.10-2 of the Election Law requires that at least six (6) Election Board members sign the election
totals on machine counted ballots. The Oneida Election Board provided that they do not have enough
Oneida Election Board members to meet the requirement of section 102.10-2. The Oneida Election Board
therefore made the request to amend the Election law on an emergency basis to reduce the number of
Oneida Election Board members who are required to sign the election totals on machine counted ballots
from six (6) to three (3). Then at the February 13, 2023, Oneida Election Board meeting the Election
Board adopted a motion “that applicants do not turn in a petition with their application, and to request
an emergency amendment to include that this request is due to the Public Health State of Emergency and
due to the efficiency of the election process.”
2/15/23 LOC: 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.

Next Steps:
 Approve the Election law emergency amendments adoption packet and forward to the Oneida
Business Committee for consideration.

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Oneida Nation

(K}DOOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Onelda-nsn.gov

TO:
FROM:
DATE:
RE:

~

Oneida Business Committee
Legislative Operating Committee

(~~ l

Oneida Business Committee
David P. Jordan, LOC Chairperson , \ •
~
March 8, 2023
Adoption of Emergency Amendments to the Election Law for the 2023 General
Election

Please find the following attached backup documentation for your consideration of an emergency
amendments to the Election law:
1. Resolution: Emergency Amendments to the Election Law for the 2023 General Election
2. Statement of Effect: Emergency Amendment to the Election Law for the 2023 General
Election
3. Election law Emergency Amendments Legislative Analysis
4. Election law Emergency Amendments Draft (Redline)
5. Election law Emergency Amendments (Clean)

Overview
Emergency amendments to the Election law are being sought for the 2023 General Election. On
February 15, 2023, the Legislative Operating Committee received a request from the Oneida
Election Board to consider emergency amendments to the Election law to ensure the 2023 General
Election can be conducted in an efficient and lawful manner. The Election law governs the
procedures for the conduct of orderly elections of the Nation, including pre-election activities such
as caucuses and nominations. [l O.C. 102.1-1]. The emergency amendments to the Election law
will:
■
Allow any eligible member of the Nation to apply to be placed on the ballot for an election
by submitting an official application form to the Nation's Secretary or designated agent,
instead of requiring an individual to petition to be placed on the ballot by obtaining ten ( 10)
signatures of qualified voters. [1 0. C. 102. 6-3]; and
■
Reduce the number of Election Board members required to sign the election totals from six
(6) to three (3). [l O.C. 102.10-2].
The Oneida Business Committee can temporarily enact legislation when legislation is necessary
for the immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [l O.C. 109.9-5}. A fiscal impact statement and public meeting
are not required for emergency legislation. [l 0. C. 109. 9-5 (a)].
The emergency amendments to the Election law are necessary for the preservation of the general
welfare of the Reservation population to ensure that the 2023 General Election can occur in an
efficient and lawful manner. The 2023 General Election is scheduled for July 15, 2023. The caucus
for the 2023 General Election is scheduled for April 15, 2023. Allowing an eligible member of the
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Nation to apply to be placed on the ballot for an election instead of requiring a person to petition
to be placed on the ballot by obtaining ten (10) signatures of qualified voters creates a more
efficient and expedient application process, and eliminates the burden of public health and safety
concerns as a result of a heightened cold, flu, and COVID-19 season. Additionally, the number of
Election Board members required to sign the election totals is being reduced from six (6) to three
(3) due to the Election Board's concern that there will not be enough Election Board members to
meet the original requirement for six (6) members. The Election Board has provided that
applications for the alternate positions have not yet been received, and although the Election Board
will be reaching out to the people that were alternates for the 2022 Special Election, there are
tentatively three (3) Election Board members that will have recuse themselves for the 2023 General
Election.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendments to the Election law would be contrary to public interest and the
process and requirements of the Legislative Procedures Act cannot be completed in time to allow
the proposed emergency amendments to be adopted and implemented prior to the April 15, 2023,
caucus and the July 15, 2023, General Election.
The adoption of the emergency amendments to the Election law will take effect immediately upon
adoption by the Oneida Business Committee. The emergency amendments to the Election law will
remain effective for six (6) months. The Legislative Procedures Act provides the possibility to
extend the emergency amendment for an additional six (6) months, or until the emergency
amendment expires or is permanently adopted. [l O.C. 109.9-5(b)].
Requested Action
Adopt the Resolution: Emergency Amendments to the Election Law for the 2023 General Election

Page 2 of 2

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

~
ONEIDA

Oneida Nation

42 of 400

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #
Emergency Amendments to the Election Law for the 2023 General Election

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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 Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993
for the purpose of governing the procedures for the conduct of orderly elections of the
Nation, and was most recently amended by the General Tribal Council through resolution
GTC-04-23-17-A; and

WHEREAS,

the Oneida Election Board has requested emergency amendments to the Election law to
ensure the 2023 General Election and its pre-election activities can be conducted in an
efficient and lawful manner; and

WHEREAS,

the 2023 General Election is scheduled for July 15, 2023, with a caucus date scheduled
for April 15, 2023; and

WHEREAS,

as a result of the COVID-19 virus, in accordance with the authority granted to the OBC
under the Emergency Management law, on March 12, 2020, Chairman Tehassi Hill signed
a Declaration of Public Health State of Emergency which has since been extended to
March 19, 2023, through BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and BC-05-12-21-A, BC-06-23-21-B, BC-0728-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22E, BC-07-13-22-F, BC-09-14-22-C, and BC-10-26-22-H, and may be extended while the
Nation continues dealing with the effects of the COVID-19 virus; and

WHEREAS,

section 102.6-3 of the Law provides that any eligible member of the Nation not nominated
at the caucus is able to file a petition with no less than ten (10) signatures of qualified voters
to be placed on an election ballot; and

WHEREAS,

the proposed emergency amendments to the Law will allow any eligible member of the
Nation to apply to be placed on the ballot for an election by submitting an official application
form to the Nation’s Secretary or designated agent, instead of requiring an individual to
petition to be placed on the ballot by obtaining ten (10) signatures of qualified voters; and

WHEREAS,

allowing an eligible member of the Nation to apply to be placed on the ballot for an election
instead of requiring a person to petition to be placed on the ballot by obtaining ten (10)
signatures of qualified voters creates a more efficient and expedient application process,
and eliminates the burden of public health and safety concerns as a result of a heightened
cold, flu, and COVID-19 season; and

43 of 400
BC Resolution _____________
Emergency Amendments to the Election Law for the 2023 General Election
Page 2 of 2

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WHEREAS,

section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members
sign the election totals of machine counted ballots, which shall include the tape signed by
the members of the Nation before the polls were opened per section 102.9-3(a); and

WHEREAS,

the proposed emergency amendments to the Law will reduce the number of Election Board
members required to sign the election totals from six (6) to three (3); and

WHEREAS,

reducing the number of Election Board members required to sign the election totals
addresses the Election Board’s concerns that they will not have enough Oneida Election
Board members to meet the requirement of section 102.10-2 of the Law; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation
of the general welfare of the Reservation population to ensure that the 2023 General
Election can occur in an efficient and lawful manner in accordance with the requirements
of the Election law; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of these
amendments would be contrary to public interest and the process and requirements of the
Legislative Procedures Act cannot be completed in time to allow the proposed
amendments to be adopted and implemented prior to the April 15, 2023, caucus and the
July 15, 2023 General Election; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendment to the Election Law effective immediately.

44 of 400

Oneida Nation

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

~
ONEIDA

Statement of Effect
Emergency Amendments to the Election Law for the 2023 General Election
Summary
This resolution adopts emergency amendments to the Election law ensure the 2023 General
Election and its pre-election activities can be conducted in an efficient and lawful manner.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: February 16, 2023
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Election law. The Election law governs the
procedures for the conduct of orderly elections of the Nation, including pre-election activities such
as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendments to the Election law
will:
 Allow any eligible member of the Nation to apply to be placed on the ballot for an election
by submitting an official application form to the Nation’s Secretary or designated agent,
instead of requiring an individual to petition to be placed on the ballot by obtaining ten (10)
signatures of qualified voters. [1 O.C. 102.6-3]; and
 Reduce the number of Election Board members required to sign the election totals from six
(6) to three (3). [1 O.C. 102.10-2].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety, or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].
The 2023 General Election is scheduled for July 15, 2023, with a caucus scheduled for April 15,
2023. The Oneida Election Board requested emergency amendments to the Election law to ensure
that the 2023 General Election can be conducted in an efficient and lawful manner.
Section 102.6-3 of the Law provides that any eligible member of the Nation not nominated at the
caucus is able to file a petition with no less than ten (10) signatures of qualified voters to be placed
on an election ballot. Allowing an eligible member of the Nation to apply to be placed on the ballot
for an election instead of requiring a person to petition to be placed on the ballot by obtaining ten
(10) signatures of qualified voters to create a more efficient and expedient application process, as
well as eliminate the burden of public health and safety concerns as a result of a heightened cold,
flu, and COVID-19 season. As a result of the COVID-19 virus, in accordance with the authority
granted to the OBC under the Emergency Management law, on March 12, 2020, Chairman Tehassi
Page 1 of 2
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Hill signed a Declaration of Public Health State of Emergency which set into place the necessary
authority, should action need to be taken, and allows the Oneida Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The
Public Health State of Emergency has since been extended to March 19, 2023, through BC-03-2620-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21D, and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC01-12-22-B, BC-03-23-22-A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, and BC-10-2622-H. [3 O.C. 302.8-2]. This Public Health State of Emergency may be extended while the Nation
continues dealing with the effects of the COVID-19 virus.
Section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members sign the
election totals of machine counted ballots, which shall include the tape signed by the members of
the Nation before the polls were opened per section 102.9-3(a). The reduction of the number of
Election Board members required to sign the election totals from six (6) to three (3) was made due
to the Election Board’s concern that there will not be enough Election Board members to meet the
original requirement for six (6) members.
The resolution provides that the emergency amendment to the Election law is necessary for the
preservation of the general welfare of the Reservation population to ensure that the 2023 General
Election can occur in an efficient and lawful manner in accordance with the requirements of the
Election law. Additionally, observance of the requirements under the LPA for the adoption of the
amendment to the Election law would be contrary to public interest and the process and
requirements of the Legislative Procedures Act cannot be completed in time to allow the proposed
amendments to be adopted and implemented prior to the April 15, 2023, caucus and the July 15,
2023 General Election.
The adoption of the emergency amendment to the Election law will take effect immediately upon
adoption by the Oneida Business Committee. The emergency amendment to the Election law will
remain effective for six (6) months. The LPA provides the possibility to extend the emergency
amendment for an additional six (6) months, or until the emergency amendment expires or is
permanently adopted. [1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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~
ONEIDA

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Analysis to Emergency Draft 1
2023 03 08

ELECTION LAW EMERGENCY AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office
Intent of the
 Allow any eligible member of the Nation to apply to be placed on the
Proposed Amendments
ballot for an election by submitting an official application form to the
Nation’s Secretary or designated agent, instead of requiring an
individual to petition to be placed on the ballot by obtaining ten (10)
signatures of qualified voters. [1 O.C. 102.6-3]; and
 Reduce the number of Election Board members required to sign the
election totals of machine counted ballots from six (6) to three (3)
members. [1 O.C. 102.10-2].
Purpose
To govern the procedures for the conduct of orderly elections of the Nation,
including pre-election activities such as caucuses and nominations. [1 O.C.
102.1-1]
Affected Entities
Oneida Nation Election Board.
Public Meeting
A public meeting is not required for emergency legislation. [1 O.C. 109.81(b) and 109.9-5(a)].
Fiscal Impact
A fiscal impact statement is not required for emergency legislation. [1 O.C.
109.9-5(a)].
Expiration of Emergency Emergency legislation expires six (6) months after adoption and may be
Legislation
renewed for an additional six (6) month period.

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the
General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly
elections of the Nation. [1 O.C. 102.1-1].
B. Request for Emergency Amendments. On February 15, 2023, the Legislative Operating Committee
received a request from the Oneida Election Board to consider emergency amendments to the Election
law to ensure the 2023 General Election can be conducted in an efficient and lawful manner.
 The Nation’s 2023 General Election is scheduled for July 15, 2023. The caucus for the 2023
General Election is scheduled for April 15, 2023.
 Section 102.10-2 of the Election Law requires that at least six (6) Election Board members sign the
election totals on machine counted ballots. The Oneida Election Board provided that they do not
have enough Oneida Election Board members to meet the requirement of section 102.10-2. The
Oneida Election Board therefore made the request to amend the Election law on an emergency
basis to reduce the number of Oneida Election Board members who are required to sign the election
totals on machine counted ballots from six (6) to three (3).
 Then at the February 13, 2023, Oneida Election Board meeting the Election Board adopted a motion
“that applicants do not turn in a petition with their application, and to request an emergency
amendment to include that this request is due to the Public Health State of Emergency and due to
the efficiency of the election process.”

Page 1 of 4

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Analysis to Emergency Draft 1
2023 03 08
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

The Legislative Operating Committee determined these amendments should be pursued on an
emergency basis for the immediate preservation of the general welfare of the Reservation
population.

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SECTION 3. CONSULTATION AND OUTREACH

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SECTION 4. PROCESS

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•

Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
 Oneida Election Board.

B. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency legislation where legislation is necessary for the immediate
preservation of public health, safety, or general welfare of the Reservation population and enactment
or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].
 The emergency adoption of amendments to this Law are necessary for the preservation of the
general welfare of the Reservation population in order to ensure that the 2023 General Election can
occur in an efficient and lawful manner.
 Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest and the process and
requirements of the Legislative Procedures Act cannot be completed in tim

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0ad628c0851af45c. Public record. Not legal advice.