Oneida Business Committee (2021)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

October 20, 2021

9:00 a.m.

This Legislative Operating Committee meeting will be closed to the public in accordance with Oneida

Business Committee resolution BC-08-03-21-A, Setting Public Gathering Guidelines During Public

Health State of Emergency - COVID-19.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. October 6, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Pardon and Forgiveness Law Emergency Amendments Extension (pg. 4)

2. Oneida General Welfare Law (pg. 20)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

October 6, 2021

9:00 a.m.

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

Webster

Others Present: Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Brooke

Doxtator, Lawrence Barton, Amy Spears (Microsoft Teams), Rhiannon Metoxen (Microsoft

Teams), Eric Boulanger (Microsoft Teams), Michelle Braaten (Microsoft Teams), Kelly

McAndrews (Microsoft Teams), Renita Hernandez (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the October 6, 2021, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster.

Motion carried unanimously.

II.

Minutes to be Approved

1. September 15, 2021 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the September 15, 2021 LOC meeting minutes and

forward to the Oneida Business Committee for consideration; seconded by Jennifer

Webster. Motion carried unanimously.

III.

Current Business

1. Local Land Use Regulation Reimbursement Policy Repeal

Motion by Marie Summers to accept the public comment review memorandum; seconded

by Jennifer Webster. Motion carried unanimously.

2. Furlough Law Amendments

Motion by Marie Summers to approve the Furlough law amendments public comment

period notice and forward the Furlough law amendments to a public comment period to be

held open until November 11, 2021; seconded by Jennifer Webster. Motion carried

unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

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

Legislative Operating Committee Meeting Minutes of October 6, 2021

Page 1 of 2

ONEIDA

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VIII. Adjourn

Motion by Marie Summers to adjourn at 9:18 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of October 6, 2021

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

October 20, 2021

Pardon and Forgiveness Law

Emergency Amendments Extension

Submission Date: 4/7/21

LOC Sponsor: David Jordan

Public Meeting: n/a

Emergency Enacted: 4/28/21

Expires: 10/28/21

Summary: This item was added to the Active Files List on April 21, 2021, per the directive of

the Oneida Business Committee to develop emergency amendments to section 126.8 of the Pardon

and Forgiveness law to allow a virtual hearing to be scheduled as soon as possible regarding the

existing applications to avoid further delay for the April 28, 2021 Oneida Business Committee

meeting. The Oneida Business Committee adopted the emergency amendments to the Pardon and

Forgiveness law on April 28, 2021, through resolution BC-04-28-21-A. The emergency adoption

of the amendments to the Pardon and Forgiveness law are set to expire on October 28, 2021.

4/14/21 OBC: Motion by Jennifer Webster to direct the Legislative Operating Committee to develop

emergency amendments to 126.8 of the Pardon and Forgiveness law to allow a virtual

hearing to be scheduled as soon as possible regarding the existing applications to avoid

further delay for the April 28, 2021 Oneida Business Committee meeting.

4/21/21 LOC: Motion by Jennifer Webster to add the Pardon and Forgiveness law emergency

amendments to the Active Files List with Jennifer Webster as the sponsor; Seconded

by Marie Summers. Motion carried unanimously.

4/28/21 OBC: Motion by Jennifer Webster to adopt resolution entitled Emergency Amendments to the

Pardon and Forgiveness Law; Seconded by Marie Summers. Motion carried.

Next Steps:

▪

Approve the Pardon and Forgiveness Law Emergency Amendments Extension packet and

forward to the Oneida Business Committee for consideration.

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Oneida Business Committee

David P. Jordan, LOC Chairperson

October 20, 2021

Extension of the Pardon and Forgiveness Law Emergency Amendments

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

of the Pardon and Forgiveness Law Emergency Amendments:

1. Resolution: Extension of the Emergency Amendments to the Pardon and Forgiveness Law

2. Statement of Effect: Extension of the Emergency Amendments to the Pardon and

Forgiveness Law

3. Pardon and Forgiveness Law

Overview

Emergency amendments to the Nation’s Pardon and Forgiveness law (“Law”) were adopted by the

Oneida Business Committee (“OBC”) through resolution BC-04-28-21-A to address the impact

that the COVID-19 pandemic was having on the ability of the Pardon and Forgiveness Screening

Committee (“PFSC”) to process, as well as conduct hearings, on applications for a pardon or

forgiveness in a fair and efficient manner as is required under the Law. Previously, the Law only

allowed for hearings on applications for a pardon or forgiveness to be conducted in-person, at a

location to be determined by the PFSC. The emergency amendments added an option for the PFSC

to conduct hearings virtually when deemed necessary. [1 O.C. 126.8-1(a)].

The OBC can temporarily enact legislation when 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

(“LPA”). [1 O.C. 109.9-5].

On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” in response to the COVID-19 pandemic, which declared a Public Health State of

Emergency until April 12, 2020 and set into place the necessary authority should action need to be

taken, as well as allowed the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses as a result thereof. [3 O.C. 302.8-1]. The Public Health

State of Emergency has since been extended by the OBC until November 25, 2021, through its

adoption of resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N and BC09-22-21-A. [3 O.C. 302.8-2].

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The emergency amendments to the Law were necessary for the preservation of the general welfare

of the Reservation population. By allowing the PFSC to hold hearings on applications for a pardon

or forgiveness virtually, instead of just in-person as was previously the only option, it eliminates

any unnecessary contact between individuals who could spread the COVID-19 virus, while still

affording individuals the fair and efficient process guaranteed under the Law to seek a pardon or

forgiveness from the Nation.

Additionally, observance of the requirements under the LPA for the adoption of the emergency

amendments was contrary to the public interest. The PFSC was placed back into active status

through adoption of resolution BC-11-24-20-C. While inactive, however, the PFSC received three

(3) applications for a pardon or forgiveness that had yet to be processed or set for hearing. Since,

at the time, the Nation’s Public Health State of Emergency was not set to expire until May 12,

2021, and with applications for a pardon or forgiveness already pending, as well as more

submissions likely, the process and requirements of the LPA could not be completed in time to

ensure applicants received the fair and efficient avenue required under the Law to seek a pardon

or forgiveness without unnecessarily exposing them, and possibly the public, to the risks associated

with the COVID-19 virus.

The emergency amendments to the Law will expire on October 28, 2021. The LPA allows the

OBC to extend emergency amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A

six (6) month extension of the emergency amendments to the Law is being requested because the

Nation is still experiencing the effects of the COVID-19 pandemic.

In addition to the Nation continuing to be under a Public Health State of Emergency until at least

November 25, 2021, on August 3, 2021, the OBC adopted resolution BC-08-03-21-A titled, Setting

Public Gathering Guidelines During Public Health State of Emergency – COVID-19, to prohibit

indoor and outdoor public gatherings when the COVID-19 infections rates in Brown or Outagamie

Counties exceed “Low” as identified by the Wisconsin Department of Health Services. According

to the Wisconsin Department of Health Services, as of date, the infection rates within Brown and

Outagamie Counties exceed the threshold of “Low” thereby prohibiting any indoor and outdoor

public gatherings within the Reservation, and thus, would preclude hearings on applications for a

pardon or forgiveness absent the emergency amendments that allow for hearings to be conducted

virtually, as well as in-person.

The extension of the emergency amendments to the Law will become effective on October 28,

2021, when the emergency amendments as adopted by resolution BC-04-28-21-A expire and will

remain in effect for an additional six (6) month term which will end on April 28, 2022. A fiscal

impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)].

Requested Action

Adopt the Resolution: Extension of the Emergency Amendments to the Pardon and Forgiveness

Law.

Page 2 of 2

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

ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Extension of the Emergency Amendments to the Pardon and Forgiveness 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 Pardon and Forgiveness law (“Law”) was adopted by the Oneida Business Committee

through resolution BC-05-25-11-A, amended by resolution BC-01-22-14-B, and most

recently amended on an emergency basis by resolution BC-04-28-21-A; and

WHEREAS,

the purpose of the Law is to provide a fair, efficient and formal process by which: (1) a

member of the Nation may receive a pardon for the conviction of a crime; (2) a member of

the Nation may receive forgiveness for acts that render him or her ineligible for housing or

other benefits through the Nation; and (3) a member or non-member of the Nation may

receive forgiveness for acts that render him or her ineligible to be employed with the Nation,

receive a Nation-issued occupational license, certification or permit, and/or obtain housing

or other benefits through the Nation; and

WHEREAS,

section 126.4-1 of the Law establishes a Pardon and Forgiveness Screening Committee

(“PFSC”) to carry out various responsibilities that include, but are not limited to: processing

applications for a pardon or forgiveness; conducting, as well as presiding over, hearings

on the applications; and providing formal, written recommendations to the Oneida Business

Committee on whether to approve or deny requests for a pardon or forgiveness; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” in response to the COVID-19 outbreak, which declared a Public Health State

of Emergency for the Nation until April 12, 2020 and set into place the necessary authority

for the Nation to take action, as well as seek reimbursement of emergency management

actions that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended by the Oneida

Business Committee until November 25, 2021, through its adoption of resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, and BC-09-22-21-A; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis 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

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BC Resolution _____________

Extension of the Emergency Amendments to the Pardon and Forgiveness Law

Page 2 of 3

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Law through

resolution BC-04-28-21-A; and

WHEREAS,

the emergency amendments to the Law added an option, along with a process, to allow for

the PFSC to conduct hearings on applications for a pardon or forgiveness virtually, instead

of just in-person as was previously the only option available under the Law; and

WHEREAS,

the Oneida Business Committee determined that emergency adoption of the amendments

was necessary for the preservation of the public health, safety, and general welfare of the

Reservation population because it protected the Reservation population from the public

health crisis that is COVID-19, by providing a virtual option that eliminates unnecessary

contact between individuals who may have been exposed to or could spread the virus,

while still affording individuals a fair and efficient process to seek a pardon or forgiveness,

which could assist them in becoming a more productive member of society; and

WHEREAS,

the Oneida Business Committee further determined that observance of the requirements

under the Legislative Procedures Act for adoption of the emergency amendments was

contrary to the public interest since the Public Health State of Emergency had yet to expire

such that, with applications already pending and more submissions likely, the process and

requirements of the Legislative Procedures Act could not be completed in time to ensure

applicants received the fair and efficient procedure required under the Law for seeking a

pardon or forgiveness without unnecessarily exposing them, as well as the public, to the

risks associated with the COVID-19 virus; and

WHEREAS,

the emergency amendments to the Law will expire on October 28, 2021, unless extended

for an additional six (6) month period by the Oneida Business Committee in accordance

with the Legislative Procedures Act; and

WHEREAS,

a six (6) month extension of the emergency amendments to the Law is being requested

because the Nation is still experiencing the effects of the COVID-19 pandemic; and

WHEREAS,

in addition to the Nation extending the Public Health State of Emergency until at least

November 25, 2021, the Nation recently adopted resolution BC-08-03-21-A titled, Setting

Public Gathering Guidelines During Public Health State of Emergency – COVID-19, which

prohibits indoor and outdoor public gatherings when the COVID-19 infection rates in Brown

or Outagamie Counties exceed “Low” as identified by the Wisconsin Department of Health

Services; and

WHEREAS,

according to the Wisconsin Department of Health Services, as of date, the infection rates

within Brown and Outagamie Counties exceed the threshold of “Low”, thereby prohibiting

any indoor and outdoor public gatherings within the Reservation, and thus, precluding

hearings on applications for a pardon or forgiveness for an unreasonable amount of time

absent the emergency amendments that allow for such hearings to be conducted virtually,

as well as in-person; and

WHEREAS,

the extension of the emergency amendments to the Law will become effective on October

28, 2021, when the emergency amendments as adopted by resolution BC-04-28-21-A

expire, and will remain in effect for an additional six (6) month term which will end on April

28, 2022; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

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BC Resolution _____________

Extension of the Emergency Amendments to the Pardon and Forgiveness Law

Page 3 of 3

100

NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Pardon and Forgiveness

law are hereby extended for an additional six (6) months, effective October 28, 2021, and shall expire April

28, 2022.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Extension of the Emergency Amendments to the Pardon and Forgiveness Law

Summary

This resolution extends the emergency amendments to the Pardon and Forgiveness law, as adopted

through resolution BC-04-28-21-A, for an additional six (6) months in accordance with the

Legislative Procedures Act.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: October 20, 2021

Analysis by the Legislative Reference Office

This resolution extends the emergency amendments to the Pardon and Forgiveness law (“Law”)

for an additional six (6) month term. The purpose of the Law is to provide a fair, efficient and

formal process by which: (1) a member of the Nation may receive a pardon for the conviction of

a crime; (2) a member of the Nation may receive forgiveness for acts that render him or her

ineligible for housing or other benefits through the Nation; (3) a member or non-member of the

Nation may receive forgiveness for acts that render him or her ineligible to be employed with the

Nation, receive a Nation-issued occupational license, certification or permit, and/or obtain housing

or other benefits through the Nation. [1 O.C. 126.1-1].

Section 126.4-1 of the Law establishes a Pardon and Forgiveness Screening Committee (“PFSC”)

to carry out various responsibilities, including, but not limited to: processing applications for a

pardon or forgiveness; conducting, as well as presiding over, hearings on the applications; and

providing formal, written recommendations to the Oneida Business Committee on whether to

approve or deny requests for a pardon or forgiveness. [1 O.C. 126.4-1].

Emergency amendments to the Law were adopted by the Oneida Business Committee on April 28,

2021, to add an option, along with a process, that allows for the PFSC to conduct hearings on

applications for a pardon or forgiveness virtually, instead of just in-person as was previously the

only option available under the Law. [1 O.C. 126.8-1(a)].

The Legislative Procedures Act (“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].

In early 2020, the world began experiencing the effects of the COVID-19 pandemic. In response

to the pandemic, on March 12, 2020, Chairman Tehassi Hill signed a “ Declaration of Public

Health State of Emergency,” per the Emergency Management law, to set into place the necessary

authority for the Nation to take action, if necessary, and to seek reimbursement of emergency

management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Nation’s

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Public Health State of Emergency has since been extended by the Oneida Business Committee

until November 25, 2021, through its adoption of resolutions: BC-03-26-20-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, BC-10-08-20-A, BC-11-1020-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC06-23-21-B, BC-07-28-21-N, and BC-09-22-21-A. [3 O.C. 302.8-2].

The Oneida Business Committee determined that the emergency amendments to the Law were

necessary for the preservation of the public health, safety, and general welfare of the Reservation

population. The emergency amendments were needed to protect the Reservation population

against the public health crisis that is the COVID-19 pandemic. By allowing the PFSC to conduct

hearings on applications for a pardon or forgiveness virtually, instead of in-person, eliminates

unnecessary contact between individuals who may have been exposed to the COVID-19 virus,

while still affording individuals a fair and efficient process to seek a pardon or forgiveness.

The Oneida Business Committee further determined that observance of the requirements under the

LPA for adoption of the emergency amendments was contrary to the public interest since the

Public Health State of Emergency had yet to expire such that, with applications pending, as well

as more submissions likely, the process and requirements of the LPA could not be completed in

time to ensure applicants received the fair and efficient procedure required under the Law for

seeking a pardon or forgiveness without unnecessarily exposing them, and possibly the public, to

the risks associated with the COVID-19 virus.

The emergency amendments to the Law became effective immediately upon adoption by the

Oneida Business Committee and are set to expire on October 28, 2021. The LPA authorizes the

Oneida Business Committee to extend the adoption of emergency amendments for an additional

six (6) month period. [1 O.C. 109.9-5(b)].

An extension of the emergency amendments to the Law is being requested because the Nation is

still experiencing the effects of the COVID-19 pandemic. Through this resolution, the extension

of the emergency amendments to the Law will become effective on October 28, 2021, when the

emergency amendments as adopted by resolution BC-04-28-21-A expire and will remain in effect

for an additional six (6) month term, which will end on April 28, 2022. The LPA does not require

a public meeting or fiscal impact statement when considering emergency legislation.

Conclusion

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

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ONEIDA

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Title 1. Government and Finances - Chapter 126

PARDON AND FORGIVENESS

Tsi>n@hte <hutatwani=y%ne Olihw@=ke

of what they will be free of matter

126.1. Purpose and Policy

126.2. Adoption, Amendment, Conflicts

126.3. Definitions

126.4. Pardon and Forgiveness Screening Committee

Responsibilities

126.5. Tribal Secretary’s Office Responsibilities

126.6. Pardon and Forgiveness Eligibility and Application

126.7. Fees

126.8. Hearings

126.9. Conditions and Restrictions

126.10. Oneida Business Committee

126.1. Purpose and Policy

126.1-1. Purpose.

(a) The purpose of this Law is to provide a fair, efficient and formal process by which:

(1) a Tribal member may receive a pardon for the conviction of a crime(s); or

(2) a Tribal member may receive forgiveness for acts that render him or her

ineligible for housing with the Tribe or other Tribal benefits.

(3) a Tribal member or non-Tribal member may receive forgiveness for acts that

render him or her ineligible for Tribal employment; an occupational license,

certification or permit issued by the Tribe; housing through the Tribe; or other

Tribal benefit.

(b) This Law defines the duties and responsibilities of the Oneida Pardon and Forgiveness

Screening Committee, Oneida Business Committee, Oneida Tribal Secretary’s Office, and

other persons involved in the granting or denial of pardons and forgiveness.

126.1-2. Policy. It is the policy of the Oneida Tribe of Indians of Wisconsin to grant pardons or

forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or

commitment to lawful behavior. Nothing contained herein shall be construed as permitting the

employment of individuals who are otherwise disqualified for employment from certain

occupations under Tribal, State or Federal Law. Receipt of a pardon or forgiveness does not affect

obligations imposed as part of a sentence or conviction in another jurisdiction.

126.2. Adoption, Amendment, Conflicts

126.2-1. This Law was adopted by the Oneida Business Committee by resolution BC-05-25-11A, amended by resolution BC-01-22-14-B, and emergency amended by resolution BC-__-__-___.

126.2-2. This Law may be amended pursuant to the procedures set out in Tribal law by the Oneida

Business Committee or the Oneida General Tribal Council.

126.2-3. 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.

126.2-4. In the event of a conflict between a provision of this Law and a provision of another law,

ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Law shall control.

Provided that, this Law repeals Resolution BC-7-31-02-A: Resolution Adopting a New Oneida

Pardon Ordinance.

126.2-5. This Law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

126.3. Definitions

1 O.C. 126 – Page 1

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126.3-1. This section shall govern the definitions of words and phrases used within this Law. All

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

(a) “Applicant” shall mean an individual who is applying for a pardon or forgiveness from

the Tribe.

(b) “Certified mail” shall mean mail sent through either the United States Postal Service

or the Tribal Inter-Office Certified system that provides proof of delivery and receipt.

(d) “Conditions” shall mean a requirement or prerequisite event or activity.

(e) “Conflict of interest” shall mean a conflict between the private interests and the official

responsibilities of the committee member.

(f) “Conviction” shall mean an individual was either found guilty or entered a plea of

guilty or no contest to charges of a crime in any court of competent jurisdiction.

(g) “Court of competent jurisdiction” shall mean any court or forum that has the power

and authority to properly exercise jurisdiction over a dispute or interpret and/or enforce

laws.

(h) “Crime” shall mean any act, default, or conduct punishable as a felony or a

misdemeanor.

(i) “Forgiveness” shall mean the formal and public act of acknowledging or excusing an

individual’s actions or behavior that makes him or her ineligible for Tribal employment,

an occupational license, certification or permit issued by the Tribe, housing through the

Tribe or other Tribal benefit

(j) “Hearing” shall mean a publicly noticed hearing, conducted either in-person or virtually,

in which an applicant is afforded an opportunity to present a case for obtaining a pardon or

forgiveness from the Nation.

(k) “Individual” shall mean a Tribal member seeking a pardon for a conviction of a crime,

a Tribal member seeking forgiveness for an act(s) that makes him or her ineligible for

housing with the Tribe or other Tribal benefit(s) or anyone seeking forgiveness for an act(s)

that renders him or her ineligible for employment, an occupational license, certification or

permit issued by the Tribe.

(l) “Family member” shall mean a spouse, child sibling, parent, grandparent, grandchild,

step-parent, step-child, in-law or legal guardian.

(m) “Pardon” shall mean the formal and public act of acknowledging or excusing a Tribal

member’s criminal conviction that makes him or her ineligible for Tribal employment, an

occupational license, a certification or permit issued by the Tribe, housing through the

Tribe, or other Tribal benefit.

(n) “Prominent locations” shall include, but not be limited to, the following: the Tribal

newspaper; at least one (1) local newspaper with regular distribution within the Reservation

boundaries; one (1) regional Indian newspaper; and the Tribe’s official website.

(o) “Restriction” shall mean a limitation or constraint imposed.

(p) “Tribal”, “Tribe” and/or “Nation” shall mean the Oneida Nation.

(q) “Victim” shall mean a person or entity against whom an offense, either civil or

criminal, has been committed.

126.4. Pardon and Forgiveness Screening Committee Responsibilities

126.4-1. A Committee is hereby created for the purpose of carrying out the provisions of this Law.

126.4-2. Authority. The Committee shall:

(a) promulgate internal standard operating procedures necessary to govern its proceedings;

1 O.C. 126 – Page 2

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(b) review and process applications for a pardon or forgiveness in an orderly and

expeditious manner;

Human Resources Department;

(d) conduct and preside over hearings;

(e) provide formal, written recommendations to the Oneida Business Committee to

approve or deny a pardon or forgiveness application; and

(f) take other actions reasonably related to the purpose of the Committee.

126.5. Tribal Secretary’s Office Responsibilities

126.5-1. The Tribal Secretary’s Office shall assist the Committee with carrying out the provisions

of this Law and assist individuals in applying for a pardon or forgiveness. The Tribal Secretary’s

Office shall:

(a) create and implement procedures necessary to process pardon and forgiveness

applications.

(b) accept pardon and forgiveness applications.

(d) forward pardon and forgiveness applications to the Committee when the background

investigations are complete.

(e) maintain a record of all pardon and forgiveness applications filed, every pardon and

forgiveness request granted or denied, and the reasons for each action.

(f) maintain a complete and accurate record of all proceedings, including all

correspondence, transcripts, documents, evidence, and appearances made in connection

with the applications.

(g) perform other duties in connection with matters under this Law as may be requested by

the Committee.

126.6. Pardon and Forgiveness Eligibility and Application

126.6-1. Eligibility. A Tribal member may receive a pardon for any criminal conviction(s), or a

forgiveness for an act(s) that renders the Tribal member ineligible for housing with the Tribe or

other Tribal benefit(s); and any individual may receive forgiveness for an act(s) that renders the

individual ineligible for Tribal employment, an occupational license, certification or permit issued

by the Tribe.

(a) Upon completion of incarceration, parole, probation and/or deferred prosecution,

Tribal members shall be eligible to apply for a pardon.

(b) One (1) year after an act is committed, or affirmed through the conclusion of any appeal

process, an individual shall be eligible to apply for pardon or forgiveness.

126.6-2. Ineligibility. An individual is ineligible for a pardon or forgiveness if he or she is:

(a) being investigated for an act and if found to have committed such act, would be

ineligible for the benefit he or she is seeking; or

(b) appealing a termination and the termination makes him or her ineligible for the benefit

he or she is seeking; or

agreement; or

(d) has any outstanding penalties or fines.

126.6-3. Initiating an Application. Applications for a pardon or forgiveness may be obtained from

the Tribal Secretary’s Office or on the Tribal website. Completed applications shall be filed with

1 O.C. 126 – Page 3

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the Tribal Secretary’s Office in person, during normal Tribal business hours, or sent by certified

mail to the Tribal Secretary at P.O. Box 365, Oneida, WI 54155.

126.6-4. Required Application Information. Each applicant is responsible for submitting all

required materials and authorizations.

(a) A completed pardon application shall include the following:

(1) a copy of the applicant’s Tribal enrollment card.

(2) a copy or copies of any discharge papers from incarceration or jail.

(3) official verification of any successful completion date of the probation, parole

or deferred prosecution.

(4) any necessary releases for investigations and/or background checks.

(5) any authorizations from a probation officer to release information.

(6) the required non-refundable fee as specified under 126.6.

(7) a personal written statement, including the reason(s) for requesting a pardon

and a description and documentation of the applicant’s efforts towards selfimprovement.

(8) information regarding the conviction(s) for which the applicant is seeking a

pardon, including:

(A) date(s) upon which the crime(s) occurred;

(B) location(s) where the crime(s) occurred;

(D) jurisdiction(s) which imposed the sentence(s).

(9) verification of attendance or successful completion of any counseling, therapy,

or rehabilitative programs such as anger management or coping skills classes.

(10) letters of reference or support from people well-regarded in the community.

Such letters shall detail the applicant’s accomplishments or contributions to the

community or attest to the applicant’s rehabilitation and trustworthiness. These

may include, but are not limited to:

(A) clergy or other spiritual leaders.

(B) employers and/or community members.

(D) organizers of support groups the applicant attends or has attended.

(11) any other information relevant to the applicant’s conviction(s) or rehabilitation

efforts.

(12) proof of payment of all penalties and fines.

(b) A completed forgiveness application shall include the following:

(1) a copy of the applicant’s Tribal enrollment card, if applicable.

(2) the applicant’s employment record prior to the act, if applicable.

(3) the applicant’s background records.

(4) the act that triggered the applicant’s ineligibility.

(5) the impact of the act on the Tribe.

(6) the length of time since the act.

(7) a written statement from the applicant demonstrating remorse for the violation.

(8) two (2) letters of recommendation, with no more than one (1) recommendation

coming from a person who is a family member of the applicant.

(9) the required non-refundable fee as specified under 126.6.

(10) any additional credible and relevant information.

(11) proof of payment of all penalties and fines.

1 O.C. 126 – Page 4

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126.6-5. Failure of the applicant to provide a complete application, or any of the required

information and/or materials may result in:

(a) the application being returned with a request for more information; or

(b) the application being removed from consideration; or

126.6-6. Applicant Misrepresentations. Any applicant who misrepresents, omits, or falsifies any

information on the application or during the pardon process shall be denied a pardon. If a pardon

is granted and it is later determined that there is misrepresented or false information, or pertinent

information was purposefully omitted, the Oneida Business Committee shall have the right to

rescind the pardon.

126.7. Fees

126.7-1. Each application shall be accompanied by a non-refundable fee as set by the Oneida

Business Committee in a resolution. Said payment shall be made payable to the Oneida Tribe in

the form of a:

(a) money order; or

(b) cashier’s check; or

Services, will be providing the funds for the application fee.

126.8. Hearings

126.8-1. Hearing. The Committee shall conduct quarterly hearings on applications for a pardon

or forgiveness from the Nation in accordance with this law.

(a) Hearings may be conducted in person or virtually as determined by the Committee.

(b) Hearings shall take place at a regularly scheduled time and location or virtual platform,

as determined by the Committee, and shall be open to the public to the extent permitted by

governing laws of the Nation.

126.8-2. Hearing Notice. The Committee shall provide hearing notice as follows:

(a) Applicant. At least thirty (30) calendar days prior to the hearing, the Committee shall

provide official hearing notice to the applicant by certified mail, the notice of which shall

include:

(1) The date;

(2) The time;

(3) Whether the hearing will be conducted in-person or virtually; and

(4) The location of or virtual platform for the hearing and, if virtual, instructions

on how to access the platform.

(b) Public. The Committee shall provide public notice of hearings as follows:

(1) By posting the notice in prominent locations at least thirty (30) days prior to

the hearing;

(A) If alternate arrangements have been made under section 126.8-2 of this

law, notice shall be posted in prominent locations with as much advance

notice as possible and as time permits.

(2) By posting notice of the hearings scheduled for the year on the Nation’s website

and periodically in the Nation’s newspaper.

126.8-3. Alternate Hearing Arrangements. Applicants who reside out of the State of Wisconsin

who are unable to attend a hearing may submit a written request by certified mail to the Tribal

Secretary’s Office for alternate arrangements to appear by video conference and/or to reschedule

1 O.C. 126 – Page 5

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the hearing date. If alternate arrangements are unavailable, the applicant may withdraw the

application up to three (3) business days prior to the hearing without penalty, and may re-apply for

a pardon at any time.

126.8-4. Failure to Attend Hearing. Failure of the applicant to attend the hearing may result in the

Committee postponing making a determination on the application or recommending the Oneida

Business Committee deny the application.

(a) Applicants with a legitimate reason for failing to attend a hearing shall have ten (10)

calendar days from the date of the missed hearing to provide documentation to the

Committee. Such documentation may include, but is not limited to, a Doctor’s excuse,

accident/police report, or funeral notice.

126.8-5. Testimony and Notarized Statements. The Committee shall obtain oral testimony during

the hearing from the applicant and any victims, witnesses, or other persons supporting or opposing

the pardon or forgiveness.

(a) Victims, witnesses, and other persons unavailable for a scheduled hearing may submit

a notarized statement for consideration.

(b) The Committee may institute recesses and postponements as they see fit.

(d) The Committee may require the applicant to provide further documentation.

(1) Within five (5) business days of the hearing, the Committee shall send a written

request by certified mail to the applicant for the additional documentation.

(2) The applicant shall submit the documentation to the Tribal Secretary’s Office

within thirty (30) calendar days after receiving the request for the documentation.

Failure of the applicant to provide any of the required documentation may result in:

(A) the application being removed from consideration; or

(B) denial of the application.

126.8-6. Deliberations and Recommendation. After the hearing, the Committee shall go into

executive session for deliberations.

(a) The Committee shall consider all information gathered from the hearing, the

application, the background investigation, and any testimony or notarized statements when

determining whether to recommend that the application be approved or denied.

(1) The Committee shall be responsible for weighing the appropriateness of

granting a pardon or forgiveness.

(b) Recommendation. After considering the factors provided, the Committee shall make a

decision and compose a formal, written recommendation for each application, including

reasons to approve or deny the application within sixty (60) days after the pardon or

forgiveness hearing. The recommendation, including any dissenting opinions issued by the

Committee, shall be forwarded to the Oneida Business Committee within thirty (30)

calendar days after making a decision, along with the following materials for review:

(1) All information from the application and the background investigation;

(2) Any notarized statements submitted;

(3) A proposed draft resolution; and

(4) An audio recording of the hearing, upon request by an Oneida Business

Committee member.

126.9. Conditions and Restrictions

126.9-1. Pardons. Certain convictions may affect a Tribal member’s rights under state or federal

law, or result in restrictions being placed on a Tribal member, regardless of whether a Tribal pardon

1 O.C. 126 – Page 6

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has been granted.

(a) Civil Rights. A pardon by the Tribe does not guarantee the restoration of all civil rights,

and each recipient of a Tribal pardon is responsible for determining whether the pardon

affects any non-Tribal restrictions or limitations that may be applicable pursuant to the

conviction.

(b) Employment. Individuals convicted of a crime that is “substantially related” to the care

of another person or animal may be subject to extended or permanent restrictions on

licensing or professional credentials in fields relating to such caretaking. A Tribal pardon

shall not affect these restrictions.

tracking or other restrictions or obligations imposed upon sex offenders.

(d) Voting Rights. Each state, and the federal government are empowered to determine

whether felons may vote in elections, caucuses, referendums or any other venue dependent

on the votes of citizenry. The granting of a Tribal pardon shall not supersede the rights of

these jurisdictions to determine the eligibility of voters.

126.9-2. Other Restrictions. The Committee’s written recommendation to the Oneida Business

Committee to approve an applicant’s request for a pardon or forgiveness may also recommend the

Oneida Business Committee impose restrictions on the applicant. If the Committee does not

recommend a restriction, the Oneida Business Committee shall have the authority to place

restrictions on the applicant before approving the pardon or forgiveness request. Restrictions shall

specify the time lines attached to them, which may expand over a period of months, years, or

indefinitely.

(a) Restrictions shall be clearly defined and may include the following:

(1) The applicant is ineligible for a transfer, promotion or job reassignment.

(2) The applicant may be prohibited from:

(A) Handling cash and/or merchandise.

(B) Having Tribal property sign-off authority.

(D) Supervising or caring for children or the elderly.

(E) Any other restrictions the Oneida Business Committee determines as

appropriate.

(b) When restrictions are imposed for a period of greater than five (5) years, the applicant

may, after five (5) years, apply to have the restrictions modified or lifted. The request to

modify or lift restrictions will follow the same process required to request a pardon.

of such restriction prior to becoming employed by the Tribe.

126.9-3. Conditions. The Committee may also recommend that an applicant requesting a pardon

or forgiveness be required to complete conditions before the applicant is granted the pardon or

forgiveness. If the Committee does not recommend a condition, the Oneida Business Committee

shall have the authority to place conditions on the applicant before approving the pardon or

forgiveness request.

(a) Conditions shall be clearly defined and may include the following:

(1) perform community service hours within a Tribal Department.

(2) payment of restitution to the Tribe.

(3) any other conditions the Oneida Business Committee determines as

appropriate.

1 O.C. 126 – Page 7

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126.10. Oneida Business Committee

126.10-1. The Oneida Business Committee shall consider all of the information received by the

Committee prior to making a determination on whether to issue or deny a pardon or forgiveness

application. The Oneida Business Committee may accept, reject or modify the Committee’s

recommendation.

126.10-2. Deliberations. Deliberations by the Oneida Business Committee shall take place in

executive session. The Oneida Business Committee may request, by written notice, that the

applicant be present during the deliberations to provide oral testimony or to answer questions. The

notice shall be provided to the applicant thirty (30) days prior to the deliberations and shall contain

the time, place and date of the deliberations.

126.10-3. Final Decision. The Oneida Business Committee shall issue or deny the pardon or

forgiveness in open session, by resolution, including the reasons therefor and shall include for the

record a clear indication of any decision and shall list the specific crimes to be pardoned or acts to

be forgiven. This decision is final and cannot be appealed. Applicants may be eligible to re-apply

for a pardon or forgiveness one (1) year from the date of the most recent denial of a pardon or

forgiveness.

126.10-4. Notification. Notification of the final decision shall be sent to the applicant from the

Tribal Secretary’s office by certified mail or personally served within ten (10) business days

following the decision. Applicants have a right to documentation of the final decision along with

the resolution, and the reason(s) for the final decision.

126.10-5. Resolution. To grant or deny a pardon or forgiveness, a majority vote of the Oneida

Business Committee is required.

126.10-6. Eligibilities. Unless otherwise directed by the Oneida Business Committee, a pardon

or forgiveness may fully or partially restore some Tribal eligibilities lost as a result of a conviction

or act including:

(a) employment; and/or

(b) an occupational license, certificate or permit; and/or

(d) other Tribal benefit.

End.

Adopted – BC-2-19-93-I

Adopted – BC-11-13-93-B (Oneida Pardon Procedures Policy)

Adopted – BC-11-24-93-B (Temporary Pardons)

Adopted – BC-7-31-02-A

Adopted – BC-05-25-11-A

Adopted – BC-01-22-14-B

Emergency Adoption – BC-04-28-21-A

Emergency Extended – BC-__-__-__-__

1 O.C. 126 – Page 8

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

October 20, 2021

Oneida General Welfare Law

Submission Date: 12/18/18

Public Meeting: Due to the COVID-19 pandemic, public

LOC Sponsor: Jennifer Webster

Emergency Enacted: 8/12/20, 2/10/21

meetings were suspended by declaration of the Nation’s COVID19 Core Decision Making Team. A public comment period was

still offered in accordance with the Legislative Procedures Act

and held open until 10/13/21.

Summary: This item was carried over from last term. The Oneida Business Committee directed IGAC,

Self-Governance and the Law Office to develop a plan of action to create rules for exempting income per

the Tribal General Welfare Exclusion Act. At the December 18, 2018 Business Committee Work Meeting,

the Oneida Business Committee requested that the General Welfare Exclusions Act – Income Exemptions

item be sent over to the LOC for consideration to develop a law/code/ordinance that would define the

income exemptions under the General Welfare Exclusion Act. As a result of the COVID-19 pandemic,

emergency adoption of an Oneida General Welfare law was sought to create a law that provides a

mechanism to address the economic needs of members of the Nation during the COVID-19 pandemic. The

purpose of this Law is to provide assistance, on a non-taxable basis, to eligible Tribal members through

approved programs that promote the general welfare of the Nation. The Law sets a framework and

provides guidelines for the Nation to establish and operate approved programs which provide assistance

to eligible Tribal members to promote the general welfare of the Nation, including programs designed to

enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of

culture and tradition, entrepreneurship, and employment. The Oneida Business Committee adopted the

Oneida General Welfare law on an emergency basis through the adoption of resolution BC-08-12-20-D.

The emergency adoption of the Law will expire on February 12, 2021. The Oneida Business Committee

then adopted emergency amendments to the Oneida General Welfare law on February 10, 2021, through

resolution BC-02-10-21-B for the purpose of addressing the means in which the Oneida Business

Committee may adopt an approved program – the emergency amendment would allow the Oneida

Business Committee to adopt an approved program through resolution in addition to through the adoption

of a law. The emergency adoption of the Law was set to expire on August 10, 2021. The Oneida Business

Committee extended the emergency amendments to the Oneida General Welfare law on July 28, 2021,

through the adoption of resolution BC-07-28-21-M. The emergency amendments to the Oneida General

Welfare law will expire on February 10, 2022.

10/7/20 LOC: Motion by Kirby Metoxen to add the Oneida General Welfare Law to the Active Files List

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

unanimously.

1/14/21:

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

Daniel Guzman King, Clorissa N. Santiago, Lawrence Barton, Rae Skenandore, Carl Artman,

Susan House, Kristal Hill, James Petitjean. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to discuss the Oneida General Welfare law, the

Oneida Higher Education Pandemic Relief Fund law, the Pandemic Relief Assistance law,

and the FY21 Budget Directive found in resolution BC-11-24-20-F and determine a plan for

meeting these directives and addressing these items on a permanent basis.

Page 1 of 3

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

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1/28/21:

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

King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to review the proposed

emergency amendments to the Law and emergency adoption packet materials.

2/3/21 LOC:

Motion by Jennifer Webster to approve the Oneida General Welfare law emergency adoption

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

Summers. Motion carried unanimously.

2/9/21:

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

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, JoAnne House, Lawrence Barton,

Ralinda Ninham-Lamberies, Rae Skenandore, Keith Doxtator, Susan House, Kristal Hill,

Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of

this work meeting was to touch base and discuss the progress that was being made in bringing

forward emergency amendments to the Oneida General Welfare law and developing the

approved programs – through adoption of a resolution – to meet the FY21 budget directive in

resolution BC-11-24-20-F.

2/10/21 OBC: Motion by Lisa Liggins to adopt resolution 02-10-21-B Emergency Amendments to the

Oneida General Welfare Law with two (2) changes [1) in line16, correct date to March 13,

2021; and 2) in line 18, insert the appropriate resolution number], seconded by Jennifer

Webster. Motion carried.

Motion by Lisa Liggins to request the Legislative Operating Committee and Legislative

Reference Office to bring forward a BC SOP to an upcoming BC Work Session regarding

how laws and resolutions are submitted to the Business Committee in accordance with this

resolution, seconded by Jennifer Webster. Motion carried.

4/14/21 OBC: Motion by Lisa Liggins to defer this item [Oneida Nation Assistance Fund Resolution] until

after executive session noting the resolution will be brought back with three (3) additional

considerations, [1) the correction to line 45 [change from, "...between 18 to 61 years of...",

change to, "...age 18 or older..."]; 2) noting the LOCs considerations for possible garnishments

moving forward; 3) CFO’s comments regarding Treasury guidance for the 65 and over

payment.], seconded by Marie Summers. Motion carried.

Motion by Lisa Liggins to adopt the Oneida Business Committee standard operating

procedure entitled Oneida General Welfare Law - Adoption of an Approved Program and

direct the Secretary to finalize the SOP and publish, seconded by David P. Jordan. Motion

carried.

4/21/21:

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

Daniel Guzman King, Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Rhiannon Metoxen.

The purpose of this work meeting was to discuss a plan for how to address the Oneida Business

Committee directive contained in resolution BC-04-14-21-D that the LOC consider how

garnishments will be handled for general welfare exclusion payments moving forward.

4/29/21:

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

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. The purpose of

this work meeting was to review and discuss the public comment period notice for the question

of “Should assistance provided by an approved program under the Oneida General Welfare

law be subject to attachment or garnishment?”

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

Page 2 of 3

ONEIDA

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5/5/21 LOC:

Motion by Jennifer Webster to approve the Oneida General Welfare law amendments public

comment period notice for the question, “Should assistance provided by an approved program

under the Oneida General Welfare law be subject to attachment or garnishment?” and

forward this question to a public comment period to be held open until June 9, 2021; seconded

by Marie Summers. Motion carried unanimously.

6/9/21:

Public Comment Period Closed. Six (6) individuals submitted written comments during this

public comment period.

6/24/21:

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

Clorissa N. Santiago, Kristal Hill, Kristen Hooker. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to review and discuss the public

comments that were received regarding the question, “Should assistance provided by an

approved program under the Oneida General Welfare law be subject to attachment or

garnishment?”

7/7/21 LOC:

Motion by Marie Summers to accept public comments that were received for the Oneida

General Welfare law amendments question, “Should assistance provided by an approved

program under the Oneida General Welfare law be subject to attachment or garnishment?”;

seconded by Daniel Guzman King. Motion carried unanimously.

7/21/21 LOC: Motion by Marie Summers to approve the Oneida General Welfare law emergency

amendments extension packet and forward to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

7/28/21 OBC: Motion by David P. Jordan to adopt resolution 07-28-21-M Extension of the Emergency

Amendments to the Oneida General Welfare Law, seconded by Jennifer Webster. Motion

carried.

8/26/21:

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

King, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen This was a

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

and discuss the draft of amendments to the Oneida General Welfare law to move forward for

permanent adoption.

9/1/21 LOC:

Motion by Jennifer Webster to approve the draft of the Oneida General Welfare law and direct

that a legislative analysis be completed; seconded by Marie Summers. Motion carried

unanimously.

9/15/21 LOC: Motion by Kirby Metoxen to approve the legislative analysis for the Oneida General Welfare

law; seconded by Jennifer Webster. Motion carried unanimously.

Motion by Marie Summers to approve the approve the Oneida General Welfare law public

comment period notice and forward the Oneida General Welfare law to a public comment

period to be held open until October 13, 2021; seconded by Jennifer Webster. Motion carried

unanimously.

10/13/21:

Public Comment Period Closes. The public comment period for the permanent adoption of

the Oneida General Welfare law closed on October 13, 2021. No written submissions of

comments were received during this public comment period.

Next Steps:

 Accept the public comment period review memorandum.

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

Page 3 of 3

ONEIDA

23 of 35

Oneida Nation

=DODDOD=

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

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

October 20, 2021

Oneida General Welfare Law: Public Comment Review

A public comment period for the permanent adoption of the Oneida General Welfare law (“the

Law”) was held open until October 13, 2021. A public meeting for the permanent adoption of the

Law was not held due to the COVID-19 pandemic.

On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the

Nation until April 12, 2020, and set into place the necessary authority for action to be taken and

allowed the Nation to seek reimbursement of emergency management actions that may result in

unexpected expenses. The Public Health State of Emergency has since been extended until

November 25, 2021, by the Oneida Business Committee through the adoption of resolutions BC03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, and BC-09-22-21-A.

On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension

of Public Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allowed members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

On August 3, 2021, the Oneida Business Committee adopted resolution BC-08-03-21-A, Setting

Public Gathering Guidelines during Public Health State of Emergency—COVID-19, which

prohibits indoor and outdoor public gatherings when the COVID-19 infection rates within Brown

or Outagamie Counties exceed “Low” as identified by the Wisconsin Department of Health

Services.

In accordance with resolution BC-08-03-21-A, a public meeting was not held due to the infection

rates within Brown and Outagamie Counties exceeding “Low” as identified by the Wisconsin

Department of Health Services. Instead on September 15, 2021, the Legislative Operating

Committee approved a public comment period to be held open until October 13, 2021, and the

Nation’s COVID-19 Team’s “Suspension of Public Meetings under the Legislative Procedures

Act” declaration took effect.

Members of the community were provided an opportunity to provide written submissions of

comments or questions to the Legislative Operating Committee through e-mail until October 13,

Page 1 of 2

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

24 of 35

2021. No written comments were received for the proposed permanent adoption of the Oneida

General Welfare law.

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

Page 2 of 2

ONEIDA

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Draft 1- PM Draft (Redline to Current)

2021 09 15

Title 10. General Welfare Exclusion - Chapter 1001

ONEIDA GENERAL WELFARE

1001.1. Purpose and Policy

1001.2. Adoption, Amendment, Repeal

1001.3. Definitions

1001.4. Ratification of Prior Acts

1001.5. General Welfare Doctrine and IRS Revenue Procedure

2014-53/ Tribal General Welfare Exclusion of 2014

1001.6. Non-Recourse Designation

1001.7. Governing Law; Sovereignty

1001.8. Federal Trust Obligations

1001.9. Approved Program Guidelines

1001.1. Purpose and Policy

1001.2. Adoption, Amendment, Repeal

1001.3. Definitions

1001.4. General Welfare Assistance

1001.5. Approved Program Guidelines

1001.6. Non-Recourse Designation

1001.7. Governing Law; Sovereignty

1001.8. Federal Trust Obligations

1001.1. Purpose and Policy

1001.1-1. Purpose. The purpose of this law is to providegovern how the Nation provides

assistance to eligible Tribal members. The Nation affirms hereby its sovereign right to do so on a

non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal

governmental programs that provide benefits to Tribal members.

1001.1-2.(a) The federal government through the Tribal General Welfare Exclusion Act

of 2014, codified at 26 U.S.C §139E and the Internal Revenue Service, through its

traditional application of the general welfare doctrine and subsequent guidance, has

recognized the sovereign right of Indian tribal governments to provide financial assistance

to its Tribal members under certain circumstances on a non-taxable basis.

1001.1-32. Policy. It is the policy of the Nation to provide assistance to Tribal members through

approved programs that promote the general welfare of the Nation. This law provides a framework

for approved programs to follow to ensure compliance with the General Welfare Exclusion, 26

U.S.C. §139E, and applicable Internal Revenue Service regulations or revenue procedures

including I.R.S. Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee

that all assistance provided under this law:

(a) is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

(b) is made under an approved program that does not discriminate in favor of members of

the Nation’s governing body;

(d) is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee.

1001.2. Adoption, Amendment, Repeal

1001.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-08-12-20-D, and emergency amended by resolution BC-02-10-21-B.-__-__-__-__.

1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

1001.2-3. 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.

1001.2-4. 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.

1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

10 O.C. 1001 – Page 1

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1001.3. Definitions

1001.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as non-taxable as a General Welfare Exclusion, administered under

specific guidelines, and is adopted by the Oneida Business Committee through resolution

or law of the Nation.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law, provided, that such assistance shall be

owed back to the Nation from the Tribal member recipient in the event the Tribal member

misappropriates the assistance.

provided pursuant to this law.

(d) “General Test” means the criteria used to determine if any assistance or benefits(c provided

through an approved program to a recipient shall be treated as a General Welfare Exclusion. The

criteria of the General Test include the following:

(1) Paid on behalf of the Nation;

(2) Pursuant to an approved program;

(3) Does not discriminate in favor of members of the governing body of the Nation;

(4) Are available to any Tribal member who meets the guidelines of the approved

program;

(5) Are for the promotion of general welfare;

(6) Are not lavish or extravagant;

(7) Are not compensation for services; and

(8) Are not per capita payments.

(e) “General Welfare Exclusion” means any benefits shall be treated as non-taxable under

federal law so long as it satisfies the requirements for exclusion under 26 U.S.C. §139E, is

provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or

subsequent Internal Revenue Service procedures or regulations, or it meets the General

Test.

(f) “General welfare need” means a need, in the sole discretion of the Oneida Business

Committee, which shall be met to ensure the Nation’s longevity as a self-governing Indian

nation, and includes needs in the areas of health, education, self-sufficiency, selfdetermination, the maintenance of culture and tradition, entrepreneurship, and

employment.

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

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

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

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

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

government.

(h) (d) “Limited term” means a defined start and end date, or utilizes third-party funding

and is not intended to be permanent.

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

(f) “Nation” means the Oneida Nation.

(ig) “Recipient” means any Tribal member entitled to receive assistance in accordance

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with approved program requirements.

(j) "Tribal member" means an individual who is an enrolled member of the Nation.

1001.4. General Welfare Assistance

1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a

non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government

recognizes that benefits to recipients under an approved program for the promotion of the general

welfare of the Nation is excludable from the gross income of those recipients. General Welfare

Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as

it:

(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;

(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or

Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).

1001.4-2. General Test. The General Test provides criteria used to determine if any assistance

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(a) The assistance is paid on behalf of the Nation;

(b) The assistance was provided pursuant to an approved program;

Nation;

(d) The assistance is available to any member who meets the guidelines of the approved

program;

(e) The assistance is provided for the promotion of general welfare;

(f) The assistance is not lavish or extravagant;

(g) The assistance is not compensation for services; and

(h) The assistance is not a per capita payment.

1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare

Exclusion shall occur through an approved program and qualify as non-taxable under the principles

of the General Welfare Exclusion to the fullest extent permitted at law.

(a) An approved program shall be established and operated to promote the general welfare

of the Nation, including programs designed to enhance the promotion of health, education,

self-sufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment.

(b) Each approved program shall be limited to purposes consistent with treatment under

the General Welfare Exclusion as to purpose, eligibility, and funding.

(d) An approved program shall meet all criteria of the General Test.

(d) Assistance provided through an approved program is not subject to information

reporting by the Nation to the Internal Revenue Service.

1001.4-4. Ratification of Prior Acts

1001.4-1. This law isshall not to be construed as creating new general welfare assistance rights

which are an inherent right of Nation. Rather, this law is intended to codify existing procedures

used by the Nation to administer its general welfare assistance.

1001.4-2. Assistance provided prior to the enactment of this law is hereby ratified and confirmed

as general welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal

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sovereignty.

1001.5. Approved Program Guidelines General Welfare Doctrine and IRS Revenue

Procedure 2014-53/ Tribal General Welfare Exclusion of 2014

1001.5-1. The federal government recognizes that benefits to recipients under an approved

program for the promotion of the general welfare of the Nation is excludable from the gross income

of those recipients.

Creation of an Approved Program. An approved program shall be adopted by the Oneida Business

Committee1001.5-2. The Internal Revenue Service, through I.R.S. Revenue Procedure 2014-35,

listed and detailed examples of Safe Harbora resolution or law of the Nation. Approved programs

under which, if approved adopted by the Oneida Business Committee are considered in force and

effect and in writing, need would be presumed, and benefits would be excluded from gross income.

1001.5-3. Benefits authorized by accordance with this law are intended to qualify non-taxable

under

(a) Law. An approved program shall be adopted by the Oneida Business Committee

through a law if the principlesapproved program will function on a permanent basis.

(1) Adoption of an approved program by the Oneida Business Committee through

a law of the Nation shall comply with the process and procedures of the Legislative

Procedures Act.

(b) Resolution. An approved program shall be adopted by the Oneida Business Committee

through a resolution if the approved program will function for a limited term.

(1) An approved program to be considered for adoption through resolution by the

Oneida Business Committee shall be accompanied by a statement of effect and

submitted in accordance with the Oneida Business Committee’s submission

procedure and deadlines.

approved program shall contain the following information:

(1) Name of the approved program;

(2) Purpose of the approved program;

(3) Eligibility rules and limitations for approved program;

(4) Funding source for approved program;

(5) How the approved program qualifies for General Welfare Exclusion; and

(6) Start and end date of approved program, if applicable.

1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members

of the Nation. Each approved program shall set forth any specific eligibility rules and limitations

applied to the fullest extent permitted at law.that program.

1001.5-4.3. Funding of Approved Programs. Assistance authorized by this law shall be limited

to funds appropriated, at the discretion of the Oneida Business Committee and no matter the source

of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the

Nation until payments are disbursed. The Oneida Business Committee shall designate approved

programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this

law. Approved programs may also be funded through third-party funding if available.

1001.5-5. Benefits are not subject to information reporting by the Nation to the Internal Revenue

Service.

1001.5-6. Without limitation, the following benefits shall be treated as non-taxable hereunder:

(a) Benefits that satisfy the requirements for the exemption under 26 U.S.C. §139E;

10 O.C. 1001 – Page 4

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(b) Benefits that are provided under an IRS Safe Harbor Program listed and described in

I.R.S. Rev. Proc. 2014-35; or

through an approved program shall be used for the purpose stated in the approved program

description. If assistance is used or pledged for a purpose inconsistent with the purpose set forth

in an approved program the payment shall be deemed forfeited. The Nation may secure repayment

from any recipient who forfeited their assistance.

1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall

not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,

attachment or garnishment by creditors of the member.

under the I.R.S. General Criteria of General Welfare exclusion listed in I.R.S. Rev. Proc.

2014-35, section 5.02(1).

1001.6. Non-Recourse Designation

1001.6-1. The Nation does not guarantee benefitsassistance under this law. BenefitsAssistance

shall not be treated as a resource or asset of a recipient for any purpose; and no recipient shall have

an interest in or right to any funds budgeted for, or set aside for, approved programs until paid.

1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke

any benefit. The approved

1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines

of “constructive receipt” and/or “economic benefit.”

1001.7. Governing Law; Sovereignty

1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance

made hereunder, shall be construed and enforced according to the Nation’s laws and applicable

federal law. Nothing in this law or the related laws, policies, or procedures adopted for its

implementation, if any, shall be construed to make applicable to the Nation any laws or regulations

which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption

because of its sovereign status.

1001.8. Federal Trust Obligations

1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal

funding is insufficient to operate federal programs designed to benefit applicants and when federal

funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s

adoption of its approved programs is not intended to relieve or diminish the federal government of

its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding

shortfalls or to enforce the trust rights of the Nation and its citizensmembers. The Nation shall be

entitled to government-to-government consultation and coordination with the federal government

in regard toregarding these obligations.

1001.9. Approved Program Guidelines

1001.9-1. Nation Approved Programs. The Oneida Business Committee shall designate approved

programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this

law. Each approved program shall be consistent with the principles of the General Welfare

Exclusion as to purpose, eligibility, and funding.

1001.9-2. Purpose of Approved Programs. Each approved program shall be limited to purposes

10 O.C. 1001 – Page 5

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consistent with treatment under the General Welfare Exclusion. An approved program shall be

established and operated to promote the general welfare of the Nation, including programs

designed to enhance the promotion of health, education, self-sufficiency, self-determination, and

the maintenance of culture and tradition, entrepreneurship, and employment.

1001.9-3. Eligibility. Assistance intended to qualify under the General Welfare Exclusion shall

be limited to Tribal members. Each approved program shall set forth the specific eligibility rules

and limitations applied to that program. Programs comprising descriptions, including eligibility

rules and limitations, may be presented to the Oneida Business Committee for approval in

accordance with this law. Programs shall be approved by the Oneida Business Committee to be

considered in force and effect and in accordance with this law.

1001.9-4. Limited Use of Assistance Payments. All assistance shall be used for the purpose stated

in the approved program description. If assistance is used or pledged for a purpose inconsistent

with the purpose set forth in an approved program the payment shall be deemed forfeited. The

Nation may secure repayment from the recipient. The Nation may seek to garnish remuneration

from other payments made to recipient to secure repayment of assistance under this law.

1001.9-5. Anti-Alienation. A Tribal member’s benefit is not subject to anticipation, alienation,

sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the

Tribal member.

End.

Emergency Adopted -– BC-08-12-20-D

Emergency Amended – BC-02-10-21-B

Emergency ExtensionExtended – BC-07-28-21-M

Adopted – BC-__-__-__-__

10 O.C. 1001 – Page 6

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Draft 1- PM Draft

2021 09 15

Title 10. General Welfare Exclusion - Chapter 1001

ONEIDA GENERAL WELFARE

1001.1. Purpose and Policy

1001.2. Adoption, Amendment, Repeal

1001.3. Definitions

1001.4. General Welfare Assistance

1001.5. Approved Program Guidelines

1001.6. Non-Recourse Designation

1001.7. Governing Law; Sovereignty

1001.8. Federal Trust Obligations

1001.1. Purpose and Policy

1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to

eligible members on a non-taxable basis, pursuant to the principles of the General Welfare

Exclusion.

(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,

codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional

application of the general welfare doctrine and subsequent guidance, has recognized the

sovereign right of Indian tribal governments to provide financial assistance to its members

under certain circumstances on a non-taxable basis.

1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved

programs that promote the general welfare of the Nation. This law provides a framework for

approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.

§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance

provided under this law:

(a) is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

(b) is made under an approved program that does not discriminate in favor of members of

the Nation’s governing body;

(d) is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee.

1001.2. Adoption, Amendment, Repeal

1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

1001.2-3. 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.

1001.2-4. 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.

1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1001.3. Definitions

1001.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as non-taxable as a General Welfare Exclusion, administered under

specific guidelines, and is adopted by the Oneida Business Committee through resolution

10 O.C. 1001 – Page 1

32 of 35

or law of the Nation.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law.

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

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

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

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

government.

(d) “Limited term” means a defined start and end date, or utilizes third-party funding and

is not intended to be permanent.

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

(f) “Nation” means the Oneida Nation.

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

approved program requirements.

1001.4. General Welfare Assistance

1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a

non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government

recognizes that benefits to recipients under an approved program for the promotion of the general

welfare of the Nation is excludable from the gross income of those recipients. General Welfare

Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as

it:

(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;

(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or

Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).

1001.4-2. General Test. The General Test provides criteria used to determine if any assistance

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(a) The assistance is paid on behalf of the Nation;

(b) The assistance was provided pursuant to an approved program;

Nation;

(d) The assistance is available to any member who meets the guidelines of the approved

program;

(e) The assistance is provided for the promotion of general welfare;

(f) The assistance is not lavish or extravagant;

(g) The assistance is not compensation for services; and

(h) The assistance is not a per capita payment.

1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare

Exclusion shall occur through an approved program and qualify as non-taxable under the principles

of the General Welfare Exclusion to the fullest extent permitted at law.

(a) An approved program shall be established and operated to promote the general welfare

of the Nation, including programs designed to enhance the promotion of health, education,

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self-sufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment.

(b) Each approved program shall be limited to purposes consistent with treatment under

the General Welfare Exclusion as to purpose, eligibility, and funding.

(d) An approved program shall meet all criteria of the General Test.

(d) Assistance provided through an approved program is not subject to information

reporting by the Nation to the Internal Revenue Service.

1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general

welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to

codify existing procedures used by the Nation to administer its general welfare assistance.

Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general

welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.

1001.5. Approved Program Guidelines

1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the

Oneida Business Committee through a resolution or law of the Nation. Approved programs

adopted by the Oneida Business Committee are considered in force and effect and in accordance

with this law

(a) Law. An approved program shall be adopted by the Oneida Business Committee

through a law if the approved program will function on a permanent basis.

(1) Adoption of an approved program by the Oneida Business Committee through

a law of the Nation shall comply with the process and procedures of the Legislative

Procedures Act.

(b) Resolution. An approved program shall be adopted by the Oneida Business Committee

through a resolution if the approved program will function for a limited term.

(1) An approved program to be considered for adoption through resolution by the

Oneida Business Committee shall be accompanied by a statement of effect and

submitted in accordance with the Oneida Business Committee’s submission

procedure and deadlines.

approved program shall contain the following information:

(1) Name of the approved program;

(2) Purpose of the approved program;

(3) Eligibility rules and limitations for approved program;

(4) Funding source for approved program;

(5) How the approved program qualifies for General Welfare Exclusion; and

(6) Start and end date of approved program, if applicable.

1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members

of the Nation. Each approved program shall set forth any specific eligibility rules and limitations

applied to that program.

1001.5-3. Funding of Approved Programs. Assistance authorized by this law shall be limited to

funds appropriated, at the discretion of the Oneida Business Committee and no matter the source

of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the

Nation until payments are disbursed. The Oneida Business Committee shall designate approved

programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this

law. Approved programs may also be funded through third-party funding if available.

10 O.C. 1001 – Page 3

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1001.5-4. Use of Assistance. All assistance provided through an approved program shall be used

for the purpose stated in the approved program description. If assistance is used or pledged for a

purpose inconsistent with the purpose set forth in an approved program the payment shall be

deemed forfeited. The Nation may secure repayment from any recipient who forfeited their

assistance.

1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall

not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,

attachment or garnishment by creditors of the member.

1001.6. Non-Recourse Designation

1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated

as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or

right to any funds budgeted for, or set aside for, approved programs until paid.

1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke

any benefit.

1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines

of “constructive receipt” or “economic benefit.”

1001.7. Governing Law; Sovereignty

1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance

made hereunder, shall be construed and enforced according to the Nation’s laws and applicable

federal law. Nothing in this law or the related laws, policies, or procedures adopted for its

implementation, if any, shall be construed to make applicable to the Nation any laws or regulations

which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption

because of its sovereign status.

1001.8. Federal Trust Obligations

1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal

funding is insufficient to operate federal programs designed to benefit applicants and when federal

funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s

adoption of its approved programs is not intended to relieve or diminish the federal government of

its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding

shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled

to government-to-government consultation and coordination with the federal government

regarding these obligations.

End.

Emergency Adopted – BC-08-12-20-D

Emergency Amended – BC-02-10-21-B

Emergency Extended – BC-07-28-21-M

Adopted – BC-__-__-__-__

10 O.C. 1001 – Page 4

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24 25 26 27 28 29 30

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Sep 26

Oct 1

8:30am LOC Prep

(BC_Conf_Roo

m) - Clorissa

N. Santiago

9:00am LOC

Meeting

(BC_Conf_Roo

1:30pm Oneida

Personnel

Policies and

Procedures

Emergency

Amendments

Work Meeting

Oneida General

Welfare Law

Public

Comment

Period Closes

9:30am LOC

Work Session

(Microsoft

Teams

Meeting) Clorissa N.

Santiago

9:30am Budget

Management

and Control

Law

Amendments

Work Meeting

Continued

1:00pm Oneida

Personnel

Policies and

Procedures

Emergency

Amendments

Work Meeting

8:30am LOC Prep

(BC_Conf_Roo

m) - Clorissa

N. Santiago

9:00am LOC

Meeting

(BC_Conf_Roo

9:30am LOC

Work Session

(Microsoft

Teams

Meeting) Clorissa N.

Santiago

LOC

Nov 1

10/14/2021 1:31 PM

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