Oneida Business Committee (2020)

Tribal code

Ask Donna

What actually matters in this document.

Text

Public Packet

1 of 178

Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, August 12, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

All regular, special, and emergency Business Committee meetings are closed to the public for the

duration of the Public Health State of Emergency. This is preventative measure as a result of the

COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee.

Video recordings are made of regular meetings of the Business Committee. All recordings are

available

the

Nation's

website

at:

https://oneida-nsn.gov/government/businesscommittee/recordings/

If you have comments regarding open session items, please submit them to

TribalSecretary@oneidanation.org no later than close of business the day prior to a Business

Committee meeting. Comments will be noticed to the Business Committee.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the July 22, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Approve the August 6, 2020, special Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 4

August 12, 2020

Public Packet

VI.

2 of 178

RESOLUTIONS

Adopt resolution entitled Setting Supervision and Management of Direct Reports to

the Oneida Business Committee

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amendments to the Boards, Committees, and

Commissions Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amended Boards, Committees, and Commissions Law

Stipends

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Emergency Adoption of the Oneida General Welfare Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Emergency Adoption of the Oneida Higher Education

Pandemic Relief Fund Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Support Submitting the Nation’s Disposal of Solid and

Hazardous Waste Project Proposal to the Bureau of Indian Affairs

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Adopt resolution entitled Continuing Resolution for Fiscal Year 2021

Sponsor: Trish King, Treasurer

NEW BUSINESS

Post two (2) vacancies - Oneida Election Board

Sponsor: Lisa Summers, Secretary

Post five (5) vacancies - Oneida Nation School Board

Sponsor: Lisa Summers, Secretary

Approve the Community Fund FY-20 Product Request - Oneida Emergency Food

Pantry

Sponsor: Debbie Thundercloud, General Manager

Approve a limited waiver of sovereign immunity - New Water-Great Lakes

Restoration Initiative Grant Program Silver Creek Adaptive Management Cost-Share

Agreement - file # 2020-0361

Sponsor: Debbie Thundercloud, General Manager

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 4

August 12, 2020

Public Packet

VII.

3 of 178

GENERAL TRIBAL COUNCIL

PETITIONER MICHAEL DEBRASKA

VIII.

Accept the legal review

Sponsor: Jo Anne House, Chief Counsel

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the Gaming General Manager FY-20 3rd quarter report (9:30 a.m.)

Sponsor: Louise Cornelius, Gaming General Manager

Accept the Retail General Manager FY-20 3rd quarter report (10:00 a.m.)

Sponsor: Eric McLester, Retail General Manager

Accept the Emergency Management Director FY-20 3rd quarter report (10:15

a.m.)

Sponsor: Kaylynn Gresham, Director/Emergency Management

TABLED BUSINESS

Joint Marketing Standard Operating Procedures regarding Tickets &

Merchandise Distribution (tabled 4/8/20; no action requested)

NEW BUSINESS

Approve a limited waiver of sovereign immunity - National Investment

Services of America LLC Investment Management agreement - file # 20200401 (10:30 a.m.)

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Approve a limited waiver of sovereign immunity - Merganser Capital

Management LLC Advisory Agreement - file # 2020-0415 (10:30 a.m.)

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Approve the Gaming Arts LLC Consent and Coexistence Agreement - file #

2020-0528

Sponsor: Jo Anne House, Chief Counsel

Review the recall request and determine next steps - Oneida Police

Department (10:45 a.m.)

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 4

August 12, 2020

Public Packet

IX.

4 of 178

Review the recall request and determine next steps - Human Resources

(11:00 a.m.)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Review the recall request and determine next steps - Intergovernmental

Affairs and Communications

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Review the posting request and determine next steps - Business Committee

Support Office

Sponsor: Lisa Summers, Secretary

Review submissions for the State of Wisconsin 2021-23 Biennial Budget

Request (11:15 a.m.)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve a sub-team of the OBC to meet with BC DR10 to renegotiate and

approve the employment contract

Sponsor: Tehassi Hill, Chairman

10.

Approve a sub-team of the OBC to meet with BC DR04 to renegotiate and

approve their employment contract

Sponsor: Tehassi Hill, Chairman

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 4

August 12, 2020

Public Packet

5 of 178

Approve the July 22, 2020, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

08/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

6 of 178

DRAFT

Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, July 22, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Louise Cornelius (via

Microsoft Teams1), Chad Fuss (via Microsoft Teams), Fawne Rasmussen (via Microsoft Teams), Sharon

Mousseau (via Microsoft Teams), Artley Skenandore (via Microsoft Teams), Yvette Peguero (via

Microsoft Teams), Linda Jenkins (via Microsoft Teams), Melinda J. Danforth, Tana Aguirre (via Microsoft

Teams), Brandon Wisneski (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Susan House

(via Microsoft Teams), Carl Artman (via Microsoft Teams);

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Clorissa Santiago,

Tina Jorgenson (via Microsoft Teams), Michelle Myers (via Microsoft Teams);

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 11

July 22, 2020

Public Packet

7 of 178

DRAFT

II.

OPENING (00:00:19)

Opening provided by Chairman Tehassi Hill.

Special Recognition for Years of Service (00:03:53)

Sponsor: Tehassi Hill, Chairman

Special recognition by Chairman Tehassi Hill of the following employees for their years of service and

commitment to the Oneida Nation: Geraldine Danforth (35 years), Kirby Metoxen (30 years), Annette

Cornelius (30 years), Robert Brown (30 years), Ronald Cornelius Jr (25 years), David Larson (25

years), Lisa Summers (25 years), Heidi King (25 years), Michael Troge (25 years), Karen John (25

years), Michael Arce (25 years), Jeri Bauman (25 years), Anne Delebreau (25 years), Jeffrey Scofield

(25 years), Lyle Hill (25 years), and Kevin Jorgenson (25 years).

A quarterly recognition for years of service would have been held in April 2020, but was not due to the

COVID-19 pandemic.

III.

ADOPT THE AGENDA (00:07:10)

Motion by Lisa Summers to adopt the agenda with two (2) changes [1) under Oath of Office, add item

A. Oneida Election Board Alternates; and 2) under Executive Session, delete item C.3. Approve five

(5) job descriptions for the re-organization of the OBC Support staff to Politically Appointed Contract

Positions], seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

IV.

OATH OF OFFICE

Oneida Election Board Alternates (00:08:28); (00:34:48)

Item was deferred to be address later on the agenda. Item V.A. was addressed next.

Councilman Kirby Metoxen left at 10:05 a.m.

Oath of office administered by Secretary Lisa Summers. Kathryn LaRoque (via Microsoft Teams) and

Ramona Salinas (via Microsoft Teams) were present.

Item IX. Executive Session was re-addressed next.

MINUTES

Approve the July 8, 2020, regular Business Committee meeting minutes (00:09:03)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to approve the July 8, 2020, regular Business Committee meeting minutes,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 11

July 22, 2020

Public Packet

8 of 178

DRAFT

VI.

RESOLUTIONS

Adopt resolution entitled Extension of the Real Property Law Emergency

Amendments (00:09:24)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 07-21-20-A Extension of the Real Property Law

Emergency Amendments, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Lisa Summers to direct the General Manager to ensure that there is an action plan to make

sure the appropriate procedures are developed in the timeframe allowed by the resolution, seconded

by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Adopt resolution entitled Amendment to resolution # BC 12-11-19-A for the

Nation’s Appointed Representative on the Board for the Greater Green Bay

Chamber of Commerce (00:14:39)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Summers to adopt resolution 07-21-20-B Amendment to resolution # BC 12-11-19-A for

the Nation’s Appointed Representative on the Board for the Greater Green Bay Chamber of

Commerce, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

VII.

APPOINTMENTS

Determine next steps regarding one (1) vacancy - Oneida Police Commission

(00:15:13); (00:32:40); (00:48:15)

Sponsor: Lisa Summers, Secretary

Item deferred to be addressed later on the agenda. Item VII.A. was addressed next.

Motion by Jennifer Webster to accept the selected applicant Beverly Anderson, seconded by Trish

King. Motion withdrawn.

Item IV.A. was addressed next.

Motion by David P. Jordan to appoint Beverly Anderson to the Oneida Police Commission, seconded

by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item X. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 11

July 22, 2020

Public Packet

9 of 178

DRAFT

Determine next steps regarding three (3) vacancies - Oneida Election Board

Alternates (00:15:38); (00:31:33)

Sponsor: Lisa Summers, Secretary

Item deferred to be addressed later on the agenda. Item VIII.A. was addressed next.

Councilman David P. Jordan returned at 10:00 a.m.

Motion by Lisa Summers to appoint Ramona Salinas to the Oneida Election Board as an alternate,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item VII.A. was re-addressed next.

VIII.

NEW BUSINESS

Appoint Michelle Myers, Public Health Officer, to represent the Oneida Nation on

the State Disaster Medical Advisory Committee's Ethics Subcommittee (00:16:05)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to appoint Michelle Myers, Public Health Officer, to represent the Oneida

Nation on the State Disaster Medical Advisory Committee's Ethics Subcommittee, seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Review request for permanent amendments to the Children's Code and determine

next steps (00:16:38)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to accept the request for permanent amendments to the Children's Code

as information and send to the Legislative Operating Committee for processing, seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Re-post four (4) vacancies - Anna John Resident Centered Care Community Board

(00:23:42)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to re-post four (4) vacancies for the Anna John Resident Centered Care

Community Board, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 11

July 22, 2020

Public Packet

10 of 178

DRAFT

Enter the e-poll results into the record - Failed CRF Government Relief Funds

Requests - file # 7-6-026 and file # 6-5-067 (00:24:11)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to enter the e-poll results into the record for the failed CRF Government

Relief Funds Requests - file # 7-6-026 and file # 6-5-067, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

For the record: Secretary Lisa Summers stated the reason for the failure isn't because the Business

Committee didn't support the requests, generally; it was because we just weren't able to get enough

responses in time for the processing deadline. I want to make sure everyone understands that who

might be watching and is questioning why we would reconsider. It's a processing thing that occurred in

this particular case; that's why it's up for reconsideration next.

For the record: Councilman Kirby Metoxen stated I know we're working our some glitches within our

laptops. There are times when you reply on [e-polls] and it returns to the person e-polling as failed or

undeliverable. So we are working with MIS to rectify that.

Reconsider the CRF Government Relief Funds Requests - file # 7-6-026 and file

# 6-5-067 (00:26:35)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Summers to reconsider the CRF Government Relief Funds Requests - file # 7-6-026

and file # 6-5-067, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

For the record: Secretary Lisa Summers stated I would just for, again for public purposes, just to note

that this particular request is regarding laptops for the Licensing area in the amount of $30,000 and the

other area is specific to the suspension of the rents and utilites that were done by the Business

Committee earlier in the year and that total amount is $613,578.

For the record: Councilman Kirby Metoxen I had voted on this but it was one of those times where it

was deleted or it was undeliverable and so it came back to me and I had to re-vote on my phone which

came in late then.

Motion by Kirby Metoxen to approve the CRF Government Relief Funds Requests - file # 7-6-026 and

file # 6-5-067, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 11

July 22, 2020

Public Packet

11 of 178

DRAFT

IX.

EXECUTIVE SESSION (00:30:06); (00:39:04)

Motion by Kirby Metoxen to go into executive session at 9:01 a.m., seconded by Brandon Stevens.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Treasurer Trish King;

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Secretary Lisa Summers; Councilwoman Jennifer Webster;

Not Present: Councilman David P. Jordan;

Motion by Trish King to come out of executive session at 9:58 a.m., seconded by Jennifer Webster.

Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

David P. Jordan

Item IX.C.10. was addressed next.

Motion by Trish King to go into executive session at 10:07 a.m., seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Kirby Metoxen

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman David P. Jordan; Councilman Kirby Metoxen;

Treasurer Trish King; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary

Lisa Summers; Councilwoman Jennifer Webster;

Not Present: Councilman Daniel Guzman King;

Motion by Brandon Stevens to come out of executive session at 3:56 p.m., seconded by Ernie Stevens

III. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 11

July 22, 2020

Public Packet

12 of 178

DRAFT

REPORTS

Accept the Intergovernmental Affairs, Communications, and Self-Governance

July 2020 report (00:40:37)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance July 2020 report, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Motion by David P. Jordan to support the concept of working with the City of Green Bay on an early

voting location for the Fall 2020 Elections and direct Intergovernmental Affairs and Communications to

develop a Memorandum of Understanding with the City, seconded by Brandon Stevens. Motion

carried:

Ayes:

David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Opposed:

Kirby Metoxen

Not Present:

Daniel Guzman King

Accept the Chief Counsel report (00:41:26)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by Lisa Summers. Motion

carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Motion by Kirby Metoxen to approve the CRF Government Relief Funds Request for General

Assistance for Membership in the amount of $14,388,000 - file # 7-5-001 and file # 7-5-005, seconded

by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

TABLED BUSINESS

Joint Marketing Standard Operating Procedures regarding

Merchandise Distribution (tabled 4/8/20; no action requested)

Tickets

No action; item remains on the table.

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 11

July 22, 2020

Public Packet

13 of 178

DRAFT

NEW BUSINESS

Approve the Principal Financial Group documents regarding the Oneida Nation

Public Safety Officer Pension Plan - file # 2020-0482 (00:42:12)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Trish King to approve the Principal Financial Group documents regarding the Oneida Nation

Public Safety Officer Pension Plan - file # 2020-0482, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Councilman Daniel Guzman King returned at 3:59 p.m.

Approve the Principal Financial Group documents regarding the Oneida Nation

Public Safety Officer Excess Benefit Payment Plan - file # 2020-0483 (00:42:02)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to approve the Principal Financial Group documents regarding the Oneida

Nation Public Safety Officer Excess Benefit Payment Plan - file # 2020-0483, seconded by Trish King.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Approve five (5) job descriptions for the re-organization of the OBC Support

staff to Politically Appointed Contract Positions

Sponsor: Lisa Summers, Secretary

Item deleted at the adoption of the agenda.

Review the recall request and determine next steps - Purchasing and Licensing

(00:42:59)

Sponsor: Larry Barton, Chief Financial Officer

For the record: Secretary Lisa Summers stated for these next [two] requests, I'm opposing them

because I believe that before we do any additional recalls, we need to see a broader financial picture

for the Nation.

Motion by Jennifer Webster to approve the recall request from Licensing for one (1) Licensing

Assistant, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Opposed:

Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 11

July 22, 2020

Public Packet

14 of 178

DRAFT

Review the recall request and determine next steps - Gaming (00:43:42)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Kirby Metoxen to approve the recall request from Gaming for one (1) Table Games

Administrative Assistant, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Opposed:

Lisa Summers

Review the posting request and determine next steps - Oneida Law Office

(00:44:05)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to approve the posting request from the Oneida Law Office for one (1)

Attorney, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Review the posting request and determine next steps - Oneida Nation School

System (00:44:28)

Sponsor: Lisa Liggins, Chair/Oneida Nation School Board

Motion by Jennifer Webster to approve the posting request from the Oneida Nation School System for

two (2) Health Aides and one (1) Co-teacher, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

For the record: Secretary Lisa Summers stated these requests for the School are directly [COVID-19

pandemic] related and support [COVID-19 pandemic response] activities.

Approve designating Tribal Contribution to fund the Oneida Nation School

System for SY2020-2021 (00:45:04)

Sponsor: Lisa Liggins, Chair/Oneida Nation School Board

Motion by Lisa Summers to approve designating Tribal Contribution to fund the Oneida Nation School

System for SY2020-2021, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Review application(s) for one (1) vacancy - Oneida Police Commission

(00:45:29)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the discussion regarding the Oneida Police Commission

application as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item IX.C.11. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 11

July 22, 2020

Public Packet

15 of 178

DRAFT

10.

Review application(s) for three (3) vacancies - Oneida Election Board

Alternates (00:30:53)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to accept the discussion regarding the Oneida Election Board Alternate

applications as information, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

David P. Jordan

Item VII.B. was addressed next.

11.

Enter the e-poll results in the record - Approved employment request from

Gaming to maintain the optimal staffing levels highlighted in the report dated

July 14, 2020 (00:46:04)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record for the approved employment

request from Gaming to maintain the optimal staffing levels highlighted in the report dated July 14,

2020, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

12.

Enter the e-poll results into the record - Approved employment requests from

the General Manager for recall of 25 positions, posting of 7 positions, and

posting of future vacancies current/recalled/posted positions in the

Comprehensive Health Division (00:46:40)

Sponsor: Lisa Summers, Secretary

Motion by Brandon Stevens to enter the e-poll results into the record for the approved employment

requests from the General Manager for recall of 25 positions, posting of 7 positions, and posting of

future vacancies current/recalled/posted positions in the Comprehensive Health Division, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

13.

Enter the e-poll results into the record - Approved recall request from Human

Resources for two (2) Organizational Development Specialists and one (1)

Executive Assistant (00:47:15)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record for the approved recall request

from Human Resources for two (2) Organizational Development Specialists and one (1) Executive

Assistant, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 11

July 22, 2020

Public Packet

16 of 178

DRAFT

14.

Enter the e-poll results into the record - Approved recall request from Internal

Audit for one (1) In-Charge Auditor (00:47:41)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record for the approved recall request

from Internal Audit for one (1) In-Charge Auditor, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item VII.A. was re-addressed.

ADJOURN (00:48:42)

Motion by David P. Jordan to adjourn at 4:05 p.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 11

July 22, 2020

Public Packet

17 of 178

Approve the August 6, 2020, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

08/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

18 of 178

DRAFT

Oneida Business Committee

Special Meeting

10:00 AM Thursday, August 06, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council

members: David P. Jordan, Kirby Metoxen;

Not Present: Chairman Tehassi Hill, Council members: Daniel Guzman King, Ernie Stevens III, Jennifer

Webster;

Arrived at: n/a

Others present: Jo Anne House (via Microsoft Teams), Larry Barton, Debbie Thundercloud (via

Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Lisa Liggins, James Bittorf (via Microsoft

Teams), Arlinda Locklear (via Microsoft Teams);

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 10:04 a.m.

For the record: Chairman Tehassi Hill and Council members Daniel Guzman King, Ernie Stevens III,

and Jennifer Webster are on vacation or personal time.

II.

OPENING (00:00:18)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:43)

Motion by Trish King to adopt the agenda as presented, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

Oneida Business Committee

Special Meeting Minutes

Page 1 of 3

August 06, 2020

Public Packet

19 of 178

DRAFT

IV.

RESOLUTIONS

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until September 11, 2020 (00:01:07)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Summers to adopt resolution 08-06-20-A Extension of Declaration of Public Health

State of Emergency Until September 11, 2020, seconded by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

For the record: Secretary Lisa Summers stated we did receive an updated report from our Public

Health Official team and they noted several things that are continuing to occur on the reservation

including that our numbers are steadily increasing at this point. They did include in their report the

comparison between the confirmed cases on the reservation and the over all Native American

numbers. Our numbers are significantly higher if you include those individuals who are not on the

reservation, who are in Brown or Outagamie county off the reservation. Ie had this morning as of

today's date I believe 85 cases, which is a 30 person increase over where we were just a few weeks

ago. So for myself, I just want to make sure that people do take the time to look at the packet and read

the report because we are continuing to base our decisions on the science and the information coming

from our Public Health Officials.

EXECUTIVE SESSION (00:05:48)

Motion by David P. Jordan to go into executive session at 10:10 a.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

Motion by Lisa Summers to come out of executive session at 11:07 a.m., seconded by David P.

Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

NEW BUSINESS

Review the decision and identify next steps - case # 19-1981 (00:06:18)

Sponsor: Jo Anne House, Chief Counsel

Motion by Trish King to accept the the discussion regarding case # 19-1981 as information, seconded

by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

Oneida Business Committee

Special Meeting Minutes

Page 2 of 3

August 06, 2020

Public Packet

20 of 178

DRAFT

VI.

ADJOURN (00:06:36)

Motion by Lisa Summers to adjourn at 11:07 a.m., seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 3 of 3

August 06, 2020

Public Packet

21 of 178

Oneida Business Committee Agenda Request

Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business..

1. Meeting Date Requested:

/ 1 2 / 20

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

To approve the amended BC Resolution "Setting Supervision and Management of the Direct Reports to the

Business Committee"

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Jessica Wallenfang, Executive Assistant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

22 of 178

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Purpose: To ensure the resolution is consistent with the OBC SOP: Hiring, Negotiating and Termination of BC

Support Contracted Employees.

Background/history: Due to the re-organization of the OBC Political Appointments to Contracted employees, the

resolution must be updated to include the re-titled positions. In addition, the resolution now includes the

Legislative Reference Office BC Liaison as a member to the OBC Officers for administrative purposes. This change

will allow the BC Liaison to be included in the BC Officer meetings for more consistent communication to the

Legislative Operating Committee and to expand the amount of BC Officers to assist in reaching quorum.

Action: To approve the amended BC Resolution, ""Setting Supervision and Management of the Direct Reports to

the Business Committee".

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

Oneida Nation

23 of 178

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

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 Oneida Business Committee has re-instated the position of General Manager to

provide guidance and stability to the Nation’s governmental units assigned to report to that

position; and

WHEREAS,

the Oneida Business Committee has determined that some positions, such as the Chief

Financial Officer, are not direct reports to the Oneida Business Committee but have

interactions with and impacts on governmental units; and

WHEREAS,

the Oneida Business Committee has also determined that some positions, such as the

Gaming General Manager, Emergency Management, and Human Resources Department,

require direct contact and supervision by the Oneida Business Committee because of the

position (Gaming General Manager), the duties (governmental response), or services

provided (personnel); and

WHEREAS,

the E. Delgado Oneida Business Committee adopted resolutions clarifying the impact of

interim actions addressing the removal of the position of the General Manager; and

WHEREAS,

the T. Danforth Oneida Business Committee adopted clarifying resolutions regarding

supervision and management of direct reports; and

WHEREAS,

the Oneida Business Committee has determined that these resolutions provided clear

guidance to direct reports and should be updated reflecting hiring a General Manager; and

WHEREAS,

the Oneida Business Committee re-affirms resolution # BC-01-14-09-D, Definition of

Oversight; and

NOW THEREFORE BE IT RESOLVED, that this resolution shall supersede all prior motions and

resolutions in conflict with the directives set forth in this resolution and in resolution # ________, Rescinding

and Amending Resolutions Regarding Direct Reporting and Assigning Responsibilities and Authorities of

the General Manager.

BE IT FURTHER RESOLVED, that for purposes of this resolution, “direct reports” are defined as the

following positions within the Nation:

Chief Counsel, job description # 09030

General Manager, job description # 09012

Gaming General Manager, job description #09020

Public Packet

24 of 178

BC Resolution _____________

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

Page 2 of 2

AreaGeneral Manager ,- Retail-Profit, job description #09096

Business Compliance Analyst, job description #3029

Intergovernmental Affairs and Communications Director, job description #02735

Emergency Management Director, job description #09072

Area Manager, Human Resources Division, job description #00662

Area Manager, Retail-Profit, job description #Employee Relations, job description # 03104

Strategic Planner, job description # 03106

Project Manager, job description # 03111

Project Coordinator, job description # 03104

Budget Analyst, job description # 03103

Executive Assistant, job description # 01305

BE IT FURTHER RESOLVED, that the Oneida Business Committee delegates to the officers (Chair, ViceChair, Treasurer, and Secretary, and Legislative Operating Committee Chair) the authority and

responsibility of administrative supervision of direct reports.

1. Administrative supervision shall be defined as matters involving the individual personnel

requests such as use of personal or vacation time, performance tracking and accounting

related sign-off activities.

2. Administrative supervision requests shall be routed through the Tribal Secretary's Office which

shall be responsible for logging in requests and documenting the results of the officer decisions.

BE IT FURTHER RESOLVED, that the Oneida Business Committee delegates to the officers (Chair, ViceChair, Treasurer, and Secretary, and Legislative Operating Committee Chair) the authority and

responsibility of providing direction to direct reports regarding organizational activities. Direction regarding

organizational activities shall be defined as providing advice and opinion regarding the policy decisions

made by the Oneida Business Committee and shall exclude the authority to direct specific action.

BE IT FURTHER RESOLVED, that the Oneida Business Committee delegation to the officers (Chair, ViceChair, Treasurer, Secretary, and Legislative Operating Committee Chair) includes the expectation that the

officers will act by majority vote and, in all cases, to attempt consensus decision making as agreed to from

the initial strategic planning activities.

BE IT FURTHER RESOLVED, that the Oneida Business Committee directs the Secretary to forward this

resolution to the Human Resources Department to identify the necessary amendments to the administrative

processes and procedures to fully implement this resolution in a timely manner.

BE IT FINALLY RESOLVED, that this resolution shall be effective upon adoption.

Public Packet

25 of 178

Public Packet

26 of 178

Public Packet

27 of 178

Public Packet

28 of 178

Public Packet

29 of 178

Public Packet

30 of 178

Public Packet

31 of 178

Adopt resolution entitled Amendments to the Boards, Committees, and Commissions Law

Public Packet

32 of 178

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

August 12, 2020

Amendments to the Boards, Committees, and Commissions Law

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

amendments to the Boards, Committees, and Commissions law:

Resolution: Amendments to the Boards, Committees, and Commissions Law

Statement of Effect: Amendments to the Boards, Committees, and Commissions Law

Boards, Committees, and Commissions Law Amendments Legislative Analysis

Boards, Committees, and Commissions Law Amendments (Redline)

Boards, Committees, and Commissions Law Amendments (Clean)

Boards, Committees, and Commissions Law Fiscal Impact Statement

Overview

On March 11, 2020, the Oneida Business Committee adopted emergency amendments to the

Boards, Committees, and Commissions law through resolution BC-03-11-20-B to address the

ineligibility of an individual to serve on a board, committee, or commission due to the potential

for a conflict of interest to exist based on his or her employment with the Nation. Then on March

17, 2020, additional emergency amendments to the Boards, Committees, and Commissions law

were made through resolution BC-03-17-20-C to address how meetings are held, and the

limitations on stipends in response to the COVID-19 pandemic. The emergency amendments are

set to expire on September 17, 2020.

The Legislative Operating Committee has now prepared permanent amendments to the Boards,

Committees, and Commissions law for the Oneida Business Committee’s consideration. The

purpose of the Boards, Committees, and Commissions law is to govern boards, committees, and

commissions of the Nation, including the procedures regarding the appointment and election of

persons to boards, committees and commissions, creation of bylaws, maintenance of official

records, compensation, and other items related to boards, committees and commissions. [1 O.C.

105.1-1]. This resolution adopts permanent amendments to the Boards, Committees, and

Commissions law which will:

▪ Allow the Business Committee Support Office to repost a vacancy for an additional time

period if insufficient applications are received, as long as notification is provided to the

Oneida Business Committee [1 O.C. 105.5-5];

▪ Allow the Business Committee Support Office to request additional time from the Oneida

Business Committee in compiling the applications, summary of qualifications, or results

of any investigation [1 O.C. 105.7-1(a)(3)];

▪ Clarify a deadline for when a Chairperson of an entity has to submit a recommendation for

an appointment to the entity for the Oneida Business Committee’s consideration [1 O.C.

Page 1 of 3

Public Packet

▪

33 of 178

105.7-1(b)(1)];

Allow for the oath of office to be taken at an alternative time and location other than during

a regular or special Oneida Business Committee meeting as determined by the Secretary,

as long as a quorum of the Oneida Business Committee is present to witness the oath [1

O.C. 105.9-1];

Require that the entity’s bylaws provide how the entity shall approve purchases or travel

on behalf of the entity, but clarify the Business Committee Support Office has budgetary

sign off authority on behalf of the entity [1 O.C. 105.10-3(b)(6)];

Reinstate the requirement that an entity audio record all meetings [1 O.C. 105.10-3(f)(5)];

Clarify that only a member of an entity shall respond to e-polls [1 O.C. 105.11-3];

Eliminate the requirement that a member of a board, committee, or commission be

physically present during the entirety of a meeting or joint meeting in order to be eligible

to receive a meeting stipend, but still require the member to be present and participate for

the entire meeting through some means [1 O.C. 105.13-3, 105.13-4];

Address how technological issues during a meeting held through telecommunications is

addressed and how it may affect a member’s eligibility for a meeting stipend [1 O.C.

105.13-3(d), 105.13-4(c)];

Provide that meetings and joint meetings can occur in person, by telephone, through

videoconferencing, or through other telecommunications [1 O.C. 105.13-3, 105.13-4];

Revise how the limitation of stipend eligible meetings is calculated [1 O.C. 105.13-3,

105.13-4];

Clarify how eligibility for a conference or training stipend is calculated [1 O.C. 105.13-8];

Provide a deadline for a member to activate his or her e-mail address, and clarify when an

ad hoc or alternate member of an entity must have an official e-mail address [1 O.C.

105.14-3(b)]; and

Specify that certain positions within the Nation are ineligible to serve on a board,

committee, or commission of the Nation due to the potential for a real or perceived conflict

of interest to exist. [1 O.C. 105.15-3].

The Legislative Operating Committee developed the proposed amendments to the Boards,

Committees, and Commissions law through input received from the following departments and

entities during the one (1) year review of the Boards, Committees, and Commissions law as

adopted through resolution BC-09-26-18-C: Oneida Law Office, Business Committee Support

Office, Oneida Land Commission, Oneida Trust Enrollment Committee, Oneida Nation

Commission on Aging, Oneida Nation School Board, Oneida Police Commission, Oneida

Personnel Commission, and Oneida Nation Arts Board.

A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed

amendments to the Boards, Committees, and Commissions law due to the COVID-19 pandemic.

In early 2020 the world was hit with the COVID-19 pandemic resulting in many countries

experiencing the effects of health issues and mortality related to COVID-19 and vast economic

impacts. 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. This Public Health State of Emergency was extended through August

11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,

and BC-07-08-20-A.

Page 2 of 3

Public Packet

34 of 178

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which orders all individuals present within the Oneida Reservation to stay at

home or at their place of residence, with certain exceptions allowed. This declaration prohibits all

public gatherings of any number of people. On April 21, 2020, the COVID-19 Core Decision

Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf

operations to resume. On May 19, 2020, the COVID-19 Core Decision Making Team issued a

“Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within

the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer

business practices, and social distancing should be practiced by all persons. Then on June 10, 2020,

the COVID-19 Core Decision Making Team issued a “Stay Safer at Home” declaration which

lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while

still providing guidance and some restrictions.

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 allows 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.

Although no public meeting for the proposed amendments to the Boards, Committees, and

Commissions law was held in person, the public comment period was still held open until July 9,

2020, for the submission of written comments. Five (5) individuals submitted written comments

during the public comment period for a total of twenty-four (24) comments received. All public

comments received were reviewed and considered by the Legislative Operating Committee July

9, 2020, and July 16, 2020. Any changes made based on those comments have been incorporated

into this draft.

Requested Action

Approve the Resolution: Amendments to the Boards, Committees, and Commissions Law

Page 3 of 3

Public Packet

Oneida Nation

35 of 178

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Boards, Committees, and Commissions 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 Boards, Committees, and Commissions law (“the Law”) was adopted by the Oneida

Business Committee through BC-05-14-97-F and amended by resolutions BC-09-27-06-E,

BC-09-22-10-C, BC-09-26-18-C; and

WHEREAS,

the purpose of the Law is to govern boards, committees, and commissions of the Nation,

including the procedures regarding the appointment and election of persons to boards,

committees and commissions, creation of bylaws, maintenance of official records,

compensation, and other items related to boards, committees and commissions; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Law through

resolution BC-03-11-20-B and BC-03-17-20-C in accordance with the emergency adoption

process set forth by the Legislative Procedures Act; and

WHEREAS,

the emergency amendments addressed the ineligibility of an individual to serve on a board,

committee, or commission due to the potential for a conflict of interest to exist based on his

or her employment with the Nation, as well as how meetings are held and the limitations

on stipends in response to the COVID-19 pandemic; and

WHEREAS,

the emergency amendments are set to expire on September 17, 2020; and

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to the Law

for consideration by the Oneida Business Committee; and

WHEREAS,

the amendments to the Law allow the Business Committee Support Office to repost a

vacancy for an additional time period if insufficient applications are received, as long as

notification is provided to the Oneida Business Committee; and

WHEREAS,

the amendments to the Law allow the Business Committee Support Office to request

additional time from the Oneida Business Committee for compiling the applications,

summary of qualifications, or results of any investigation; and

WHEREAS,

the amendments to the Law clarify a deadline for when a Chairperson of an entity has to

submit a recommendation for an appointment to the entity for the Oneida Business

Committee’s consideration; and

Public Packet

36 of 178

BC Resolution _____________

Amendments to the Boards, Committees, and Commissions Law

Page 2 of 3

WHEREAS,

the amendments to the Law allow for the oath of office to be taken at an alternative time

and location other than during a regular or special Oneida Business Committee meeting

as determined by the Secretary, as long as a quorum of the Oneida Business Committee

is present to witness the oath; and

WHEREAS,

the amendments to the Law require that the entity’s bylaws provide how the entity shall

approve purchases or travel on behalf of the entity, but clarify the Business Committee

Support Office has budgetary sign off authority on behalf of the entity; and

WHEREAS,

the amendments to the Law reinstate the requirement that an entity audio record all

meetings; and

WHEREAS,

the amendments to the Law clarify that only a member of an entity shall respond to e-polls;

and

WHEREAS,

the amendments to the Law eliminate the requirement that a member of a board,

committee, or commission be physically present during the entirety of a meeting or joint

meeting in order to be eligible to receive a meeting stipend, but still require the member to

demonstrate presence and participate for the entire meeting through another means; and

WHEREAS,

the amendments to the Law address how technological issues during a meeting held

through telecommunications is addressed and how it may affect a member’s eligibility for

a meeting stipend; and

WHEREAS,

the amendments to the Law provide that meetings and joint meetings can occur in person,

by telephone, through videoconferencing, or through other telecommunications; and

WHEREAS,

the amendments to the Law revise how the limitation of stipend eligible meetings is

calculated; and

WHEREAS,

the amendments to the Law clarify how eligibility for a conference or training stipend is

calculated; and

WHEREAS,

the amendments to the Law provide a deadline for a member to activate his or her e-mail

address, and clarify when an ad hoc or alternate member of an entity must have an official

e-mail address; and

WHEREAS,

the amendments to the Law specify that certain positions within the Nation are ineligible to

serve on a board, committee, or commission of the Nation due to the potential for a real or

perceived conflict of interest to exist; and

WHEREAS,

in the development of these amendments the Legislative Operating Committee used input

from representatives from the Oneida Law Office, Business Committee Support Office,

Oneida Land Commission, Oneida Trust Enrollment Committee, Oneida Nation

Commission on Aging, Oneida Nation School Board, Oneida Police Commission, Oneida

Personnel Commission, and Oneida Nation Arts Board collected during the one (1) year

review of the Law adopted through resolution BC-09-26-18-C; and

WHEREAS,

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

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance

with the Legislative Procedures Act due to the COVID-19 pandemic; and

Public Packet

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

37 of 178

BC Resolution _____________

Amendments to the Boards, Committees, and Commissions Law

Page 3 of 3

WHEREAS,

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, which was then subsequently extended through August 11,

2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, and BC-07-08-20-A; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”

declaration on April 21, 2020, with the issuance of the “Updated Safer at Home”

declaration, on May 19, 2020, with the “Safer at Home Declaration, Amendment, Open for

Business” declaration, and then again on June 10, 2020, with the issuance of the “Stay

Safer at Home” declaration; and

WHEREAS,

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 allows 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; and

WHEREAS,

although a public meeting was not held for the proposed amendments to this Law, the

public comment period for the amendments to this Law was held open until July 9, 2020;

and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on July 9, 2020, and July 16, 2020; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Boards, Committees, and

Commissions law are hereby adopted and shall be effective on August 26, 2020.

BE IT FURTHER RESOLVED, that the amended Boards, Committees, and Commissions law hereby

supersedes any conflicting language that may be found in the bylaws of boards, committees, or

commissions of the Nation.

BE IT FINALLY RESOLVED, that an individual employed in a position identified in section 105.15-3(a)-(c)

that is currently simultaneously serving on an elected board, committee, or commission of the Nation shall

be allowed to complete his or her term.

Public Packet

38 of 178

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Boards, Committees, and Commissions Law

Summary

This resolution adopts amendments to the Boards, Committees, and Commissions law.

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

Date: July 30, 2020

Analysis by the Legislative Reference Office

The Boards, Committees, and Commissions law (“the Law”) was adopted by the Oneida Business

Committee for the purpose governing boards, committees, and commissions of the Nation,

including the procedures regarding the appointment and election of persons to boards, committees

and commissions, creation of bylaws, maintenance of official records, compensation, and other

items related to boards, committees and commissions. [1 O.C. 105.1-1]. The Boards, Committees,

and Commissions law was most recently amended on an emergency basis through the adoption of

resolution BC-03-11-20-B and BC-03-17-20-C for the purpose of addressing the ineligibility of

an individual to serve on a board, committee, or commission due to the potential for a conflict of

interest to exist based on his or her employment with the Nation, as well as addressing how

meetings are held, and the limitations on stipends in response to the COVID-19 pandemic. The

emergency amendments are set to expire on September 17, 2020.

This resolution seeks permanent amendments to the Boards, Committees, and Commissions law

which will:

▪ Allow the Business Committee Support Office to repost a vacancy for an additional time

period if insufficient applications are received, as long as notification is provided to the

Oneida Business Committee [1 O.C. 105.5-5];

▪ Allow the Business Committee Support Office to request additional time from the Oneida

Business Committee in compiling the applications, summary of qualifications, or results

of any investigation [1 O.C. 105.7-1(a)(3)];

▪ Clarify a deadline for when a Chairperson of an entity has to submit a recommendation for

an appointment to the entity for the Oneida Business Committee’s consideration [1 O.C.

105.7-1(b)(1)];

▪ Allow for the oath of office to be taken at an alternative time and location other than during

a regular or special Oneida Business Committee meeting as determined by the Secretary,

as long as a quorum of the Oneida Business Committee is present to witness the oath [1

O.C. 105.9-1];

▪ Require that the entity’s bylaws provide how the entity shall approve purchases or travel

on behalf of the entity, but clarify the Business Committee Support Office has budgetary

sign off authority on behalf of the entity [1 O.C. 105.10-3(b)(6)];

▪ Reinstate the requirement that an entity audio record all meetings [1 O.C. 105.10-3(f)(5)];

▪ Clarify that only a member of an entity shall respond to e-polls [1 O.C. 105.11-3];

▪ Eliminate the requirement that a member of a board, committee, or commission be

Page 1 of 3

Public Packet

▪

39 of 178

physically present during the entirety of a meeting or joint meeting in order to be eligible

to receive a meeting stipend, but still require the member to be present and participate for

the entire meeting through some means [1 O.C. 105.13-3, 105.13-4];

Address how technological issues during a meeting held through telecommunications is

addressed and how it may affect a member’s eligibility for a meeting stipend [1 O.C.

105.13-3(d), 105.13-4(c)];

Provide that meetings and joint meetings can occur in person, by telephone, through

videoconferencing, or through other telecommunications [1 O.C. 105.13-3, 105.13-4];

Revise how the limitation of stipend eligible meetings is calculated [1 O.C. 105.13-3,

105.13-4];

Clarify how eligibility for a conference or training stipend is calculated [1 O.C. 105.13-8];

Provide a deadline for a member to activate his or her e-mail address, and clarify when an

ad hoc or alternate member of an entity must have an official e-mail address [1 O.C.

105.14-3(b)]; and

Specify that certain positions within the Nation are ineligible to serve on a board,

committee, or commission of the Nation due to the potential for a real or perceived conflict

of interest to exist. [1 O.C. 105.15-3].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Boards, Committees,

and Commissions law comply with these requirements.

The LPA also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. A public meeting for the Boards, Committees, and

Commissions law amendments was not held due to the COVID-19 pandemic. In early 2020 the

world experienced a COVID-19 pandemic resulting in many countries experiencing the effects of

health issues and mortality related to COVID-19 and vast economic impacts.

In accordance with the Emergency Management and Homeland Security law, 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.

[3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has been extended until

August 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-0610-20-A, and BC-07-08-20-A.

On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health

emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the

Nation’s laws, policies, procedures, regulations, or standard operating procedures during the

emergency period which will be of immediate impact for the purposes of protecting the health,

safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.

[3 O.C. 302.10-3].

Page 2 of 3

Public Packet

40 of 178

On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which

prohibits all public gatherings of any number of people and orders all individuals present within

the Oneida Reservation to stay at home or at their place of residence, with certain exceptions

allowed. On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume. On May 19, 2020,

the COVID-19 Core Decision Making Team issued a “Safer at Home Declaration, Amendment,

Open for Business” which directs that individuals within the Oneida Reservation should continue

to stay at home, businesses can re-open under certain safer business practices, and social distancing

should be practiced by all persons. Then on June 10, 2020, the COVID-19 Core Decision Making

Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at

Home Declaration, Amendment, Open for Business” while still providing guidance and some

restrictions.

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 allows 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.

Although a public meeting for the Boards, Committees, and Commissions law amendments was

not held, the public comment period was still held open until July 9, 2020. The Legislative

Operating Committee reviewed and considered the public comments that were received on July 9,

2020, and July 16, 2020.

Adoption of this resolution complies with the process and procedures of the LPA as it has been

modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

This resolution provides that the amendments to the Boards, Committees, and Commissions law

would become effective on August 26, 2020, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

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

resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

Page 3 of 3

Public Packet

41 of 178

Analysis to Draft 2

2020 08 22

AMENDMENTS TO THE

BOARDS, COMMITTEES, and COMMISSIONS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed

Amendments

Purpose

Affected

Entities

Public

Meeting

Fiscal Impact

Allow the Business Committee Support Office to repost a vacancy for an additional time

period if insufficient applications are received, as long as notification is provided to the Oneida

Business Committee;

 Allow the Business Committee Support Office to request additional time from the Oneida

Business Committee in compiling the applications, summary of qualifications, or results of

any investigation;

 Clarify a deadline for when a Chairperson of a board, committee, or commission of the Nation

has to submit a recommendation for an appointment to the entity for the Oneida Business

Committee’s consideration;

 Allow for the oath of office to be taken at an alternative time and location than during a regular

or special Oneida Business Committee meeting as determined by the Secretary, as long as a

quorum of the Oneida Business Committee is present to witness the oath;

 Require that the entity’s bylaws provide how the entity shall approve purchases or travel on

behalf of the entity, but clarify the Business Committee Support Office has budgetary sign off

authority on behalf of the entity;

 Require that an entity audio record all meetings;

 Clarify that only a member of an entity shall respond to e-polls;

 Eliminate the requirement that a member of a board, committee, or commission be physically

present during the entirety of a meeting or joint meeting in order to be eligible to receive a

meeting stipend, but still require the member to be present and participate for the entire meeting

through some means;

 Address how technological issues during a meeting held through telecommunications is

address and how it may affect a member’s eligibility for a meeting stipend;

 Provide that meetings and joint meetings can occur in person, by telephone, through

videoconferencing, or through other telecommunications;

 Revise how the limitation of stipend eligible meetings is calculated;

 Clarify how eligibility for a conference or training stipend is calculated;

 Provide a deadline for a member to activate his or her e-mail address, and clarify when an ad

hoc or alternate member of an entity must have an official e-mail address;

 Specify that certain positions within the Nation are ineligible to serve on a board, committee,

or commission of the Nation due to the potential for a real or perceived conflict of interest to

exist.

To govern boards, committees, and commissions of the Nation, including the procedures regarding

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

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

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

Oneida Election Board, Oneida Gaming Commission, Oneida Land Claims Commission, Oneida

Land Commission, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida

Trust Enrollment Committee, Anna John Resident Centered Care Community Board, Oneida

Community Library Board, Oneida Environmental Resource Board, Oneida Nation Arts Board,

Oneida Personnel Commission, Oneida Police Commission, Oneida Pow Wow Committee, Oneida

Nation Veterans Affairs Committee, Pardon and Forgiveness Screening Committee, Southeastern

WI Oneida Tribal Services Advisory Board

A public comment period was held open until July 9, 2020. A public meeting was not held in

accordance with the Nation’s COVID-19 Core Decision Making Team’s declaration titled,

“Suspension of Public Meetings under the Legislative Procedures Act.”

A fiscal impact statement was provided by the Finance Department on July 20, 2020.



Page 1 of 16

Public Packet

42 of 178

Analysis to Draft 2

2020 08 22

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Boards, Committees, and Commissions law (“the Law”) was first adopted by the

Oneida Business Committee on August 2, 1995, for the purpose of governing boards, committees, and

commissions of the Nation, including the procedures regarding the appointment and election of persons

to boards, committees and commissions, creation of bylaws, maintenance of official records,

compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1]. The

Law was last amended on a permanent basis thorough the adoption of resolution BC-09-26-18-C, and

then amended on an emergency basis through the adoption of resolutions BC-03-11-20-B and BC-0317-20-C.

B. The Legislative Operating Committee proposed amendments be made to this Law to permanently adopt

some of the emergency amendments that were recently made to the Law, as well as to address various

considerations that arose during the one (1) year review of the Law as adopted through BC-09-26-18C.

C. Table 1 illustrates the various boards, committees, and commissions of the Nation this Law applies to.

This Law does not apply to the Oneida Business Committee, standing committees of the Oneida

Business Committee, corporate entities, or members of the Judiciary.

Table 1. Boards, Committees and Commissions of the Nation

ELECTED

APPOINTED

 Oneida Election Board

 Anna John Resident Centered Care Community

 Oneida Gaming Commission

Board (AJRCC)

 Oneida Land Claims Commission

 Oneida Community Library Board

 Oneida Land Commission

 Oneida Environmental Resource Board (ERB)

 Oneida Nation Commission on

 Oneida Nation Arts Board

Aging (ONCOA)

 Oneida Personnel Commission

 Oneida Nation School Board

 Oneida Police Commission

 Oneida Trust Enrollment

 Oneida Pow Wow Committee

Committee

 Oneida Nation Veterans Affairs Committee

(ONVAC)

 Pardon and Forgiveness Screening Committee

 Southeastern WI Oneida Tribal Services Advisory

Board (SEOTS)

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the one (1) year review of

the Law as adopted through resolution BC-09-26-28-C which was then used in development of

amendments to this Law and legislative analysis:

 Oneida Law Office;

 Business Committee Support Office;

 Oneida Land Commission;

 Oneida Trust Enrollment Committee;

 Oneida Nation Commission on Aging;

 Oneida Nation School Board;

 Oneida Police Commission;

Page 2 of 16

Public Packet

43 of 178

Analysis to Draft 2

2020 08 22

 Oneida Personnel Commission; and

 Oneida Nation Arts Board.

B. The following laws were reviewed in the drafting of this analysis: Election Law, Removal law, Code

of Ethics, Conflict of Interest Policy, Oneida Nation Gaming Ordinance, Computer Resources

Ordinance, Social Media Policy.

SECTION 4. PROCESS

A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.

 On February 12, 2020, the Oneida Business Committee adopted a motion “to request the

Legislative Operating Committee to consider amendments to the Boards, Committees and

Commissions law as agreed upon at the February 3, 2020, joint meeting with the Oneida Land

Commission.”

 The LOC added the amendments to the Active Files List on February 19, 2020.

 The Oneida Business Committee adopted emergency amendments to the Law on March 11, 2020,

through the adoption of resolution BC-03-11-20-B, to address ineligibility due to a conflict of

interest. These emergency amendments were set to expire on September 11, 2020.

 The Oneida Business Committee adopted emergency amendments to the Law on March 17, 2020,

through the adoption of resolution BC-03-17-20-C, to address how meetings are held, and

limitations on stipends. These emergency amendments will expire on September 17, 2020.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of these amendments:

 April 23, 2020: LOC work meeting.

 April 30, 2020: LOC work meeting.

 May 7, 2020: LOC work meeting.

 June 2, 2020: LOC work meeting.

 June 4, 2020: LOC work meeting.

 June 16, 2020: Oneida Business Committee work meeting.

 July 9, 2020: LOC work meeting.

 July 16, 2020: LOC work meeting.

 July 30, 2020: LOC work meeting.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts

including effects on the stock market and the closing of all non-essential businesses. A public meeting

for the proposed amendments to this Law was not held due to the COVID-19 pandemic.

 Declaration of a Public Health State of Emergency.

 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 allows the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses.

Page 3 of 16

Public Packet

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

44 of 178

Analysis to Draft 2

2020 08 22

On March 28, 2020, the Oneida Business Committee adopted resolution BC-03-28-20-A

titled, “Extension of March 12th Declaration of Public Health State of Emergency” which

extended the Nation’s Public Health State of Emergency declaration until May 12, 2020.

 On May 6, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A

titled, “Extension of Declaration of Public Health State of Emergency Until June 11, 2020”

which further extended the Nation’s Public Health State of Emergency until June 11, 2020.

 On June 10, 2020, the Oneida Business Committee adopted resolution BC-06-10-20-A

titled, “Extension of Declaration of Public Health State of Emergency until July 12, 2020”

which further extend the Nation’s Public Health State of Emergency until July 12, 2020.

 On July 8, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A titled,

“Extension of Declaration of Public Health State of Emergency Until August 11, 2020”

which further extended the Nation’s Public Health State of Emergency until August 11,

2020.

COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance and some restrictions.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 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 allows 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.

Although a public meeting was not held on the proposed amendments to the Boards, Committees,

and Commissions law, a public comment period was still held open until July 9, 2020, in

accordance with the Legislative Procedures Act and the COVID-19 Core Decision Making Team’s

“Suspension of Public Meetings under the Legislative Procedures Act” declaration.

 Five (5) individuals provided a written submission during the public comment period, for

a total of twenty-four (24) comments received on the proposed amendments to the Law.



SECTION 5. CONTENTS OF THE LEGISLATION

Page 4 of 16

Public Packet

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

45 of 178

Analysis to Draft 2

2020 08 22

A. Reposting for Insufficient Applications. The proposed amendments to the Law allow the Business

Committee Support Office to repost a vacancy for an additional time period when insufficient

applications are received after the deadline date has passed for appointed positions. [1 O.C. 105.5-5].

The Law clarifies that if the number of applicants is equal to or less than the number of vacancies then

it shall be determined to be an insufficient number of applicants. [1 O.C. 105.5-5(a)]. The Business

Committee Support Office is required to provide the Oneida Business Committee notification that a

position will be reposted. [1 O.C. 105.5-5(a)]. Previously, if an insufficient number of applications

were received after the deadline date has passed for appointed positions, it was the Oneida Business

Committee who could elect to repost the vacancy for an additional time period.

 Effect. The proposed amendments make the process for reposting a vacancy for an additional time

period when insufficient applications are received more efficient because the Business Committee

Support Office can take this action immediately, as long as notification is provided to the Oneida

Business Committee, instead of having to take the request to the Oneida Business Committee and

wait for official action to be taken by the Oneida Business Committee as to whether to repost.

Additionally, the Law now provides clarification as to what constitutes an insufficient number of

applicants so that the Business Committee Support Office can repost a vacancy when insufficient

applicants are received in a consistent manner.

B. Appointment Selection Process. The Law provides that within eight (8) business days after the posted

deadline for submitting an application, or within twenty-one (21) days of the posted deadline if the

entity requires a background investigation to be completed as part of the application process, the

Business Committee Support Office shall deliver all applications, along with a summary of

qualifications to hold office, and the results of the background investigation if required, to each member

of the Oneida Business Committee as well as the entity’s Chairperson; and place the appointment for

the entity on the next executive session portion of the agenda of a regular or special Oneida Business

Committee meeting in which the appointment is intended to be made. [1 O.C. 105.7-1(a)(1)-(2)]. The

proposed amendments to the Law provide that if delays in compiling the applications, summary of

qualifications, or results of any investigations exist, the Business Committee Support Office shall

request additional time from the Oneida Business Committee to complete requirements of section

105.7-1(a)(1)-(2). [ 1 O.C. 105.7-1(a)(3)].

 Effect. The proposed amendments to the Law provide flexibility to the Business Committee

Support Office to request additional time to complete the compilation of materials and submission

onto the next executive session portion of an Oneida Business Committee meeting if delays exist.

The Business Committee Support Office identified that during the first year of this provision being

in effect a situation arose where results of a drug test were not available during the twenty-one (21)

day time-period. The Business Committee Support Office wants to ensure that if there are any

delays in receiving results of a background investigation or drug test, additional time can be

requested so that the Business Committee Support Office can ensure that all available relevant

information is shared with the Oneida Business Committee and the entity’s Chairperson.

C. Deadline for Recommendation for Appointment by the Chair of an Entity. The proposed amendments

to the Law provide that the Chairperson of an entity may review the application materials and submit

to the Business Committee Support Office a recommendation to the Oneida Business Committee of an

applicant for appointment. [1 O.C. 105.7-1(b)(1)]. The recommendation shall be submitted to the

Business Committee Support Office in accordance with the submission deadlines for the Oneida

Business Committee meeting in which the appointment is intended to be made. [1 O.C. 105.7-

Page 5 of 16

Public Packet

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

46 of 178

Analysis to Draft 2

2020 08 22

1(b)(1)(A)]. Previously, the Law simply stated that the entity’s Chairperson may have until the

executive session to review the application materials and provide the Oneida Business Committee a

recommendation of an applicant for appointment.

 Effect. The proposed amendments to the Law provide more clarification as to a specific deadline

and method for recommendations to be submitted. The Business Committee Support Office

provided that how recommendations were being submitted was inconsistent, and that issues arose

with recommendations being submitted once the Oneida Business Committee was already in

executive session. The proposed amendment will provide more guidance to Chairs of boards,

committees, and commissions to ensure they know how to properly submit a recommendation to

the Oneida Business Committee.

D. Oath of Office. The proposed amendments provide that all appointed and elected positions are official

upon taking an oath during a regular or special Oneida Business Committee meeting, or at an alternative

time and location as determined by the Secretary. [1 O.C. 105.9-1]. The Law clarifies that if an oath of

office is administered outside of an Oneida Business Committee meeting, then a quorum of Oneida

Business Committee members is required to be present to witness the oath. [1 O.C. 105.9-1].

Previously, the Law only allowed for an oath of office to be taken at an Oneida Business Committee

meeting, although a person was allowed to appear by video conferencing equipment if granted

permission by the Secretary.

 Effect. The proposed amendments provide more flexibility as to when and where an oath of office

can be taken. Many members of boards, committees, and commissions expressed that it was

burdensome to only allow oaths of office to occur during an Oneida Business Committee meeting.

This allows the Secretary to use his or her discretion to allow for an oath of office to be taken at an

alternative time or place other than an Oneida Business Committee meeting.

E. Requirement to Audio Record Meetings. The proposed amendments reinstate the requirement that a

board, committee, or commission audio record all meetings, and the requirement that the bylaws of a

board, committee, or commission address how this will be accomplished. [1 O.C. 105.10-3(f)(5)]. The

emergency amendments adopted through resolution BC-03-17-20-C removed this provision from the

Law due to the COVID-19 pandemic and the uncertainty of whether a board, committee, or commission

will have the capability to audio record meetings.

 Effect. The proposed amendment simply return this provision back to the Law. The Legislative

Operating Committee determined that the requirement to audio record meetings is an important

function. The Legislative Operating Committee is confident that boards, committees, and

commissions have the ability to audio record meetings even if meetings have to be held remotely

through telecommunications. For example, Microsoft Teams has the capability to record meetings

that are held through the video call and call functions.

F. Budgetary Sign Off Authority. The proposed amendments revise the requirements for how a board,

committee, or commission addresses its purchases and budgetary sign off authority in its bylaws. The

proposed amendments require that in its bylaws an entity identify how it shall approve purchases and

travel on behalf of the entity. [1 O.C. 105.10-3(b)(6)]. The Law then provides that upon formal approval

of a purchase by an entity, the Business Committee Support Office shall have official budgetary sign

off authority for the entity. [1 O.C. 105.10-3(b)(6)(B)]. Previously, the bylaws were required to identify

the entity’s varying levels of budgetary sign-off authority, the members that are authorized to sign-off

at each level, and how the entity shall handle approving purchases or travel on behalf of the entity. [1

Page 6 of 16

Public Packet

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

47 of 178

Analysis to Draft 2

2020 08 22

O.C. 105.10-3(b)(6)]. The Law has always required that an entity follow the Nation’s policies and

procedures regarding purchasing and sign off authority. [1 O.C. 105.10-3(b)(6)(A)].

 Effect. Requiring that a board, committee, or commission still formally approve a purchase, but

changing formal budgetary sign off authority from the board, committee, or commission to the

Business Committee Support Office will allow boards, committees, and commissions to transfer to

the automatic procurement process, instead of the manual paper procurement process boards,

committees, and commissions have currently been using.

G. Clarification for Responding to an Electronic Poll. The proposed amendments provide clarification

that only a member of an entity can respond to an electronic poll, or “e-poll,” of an entity. [1 O.C.

105.11-3]. Previously, the Law provided that a response from a member of an entity shall be valid if

received from an official e-mail address of the entity.

 Effect. The proposed amendment provides additional clarify that it is to be the member of a board,

committee, or commission himself or herself, and therefore, the use of a proxy to respond to an epoll is not allowed.

G. Meetings Eligible for Stipends. The proposed amendments eliminate the requirement that a member

of a board, committee, or commission be physically present during the entirety of a meeting in order to

be eligible to receive a meeting stipend, although the member is still required to be present for the

entirety of the meeting. [1 O.C. 105.13-3]. Meetings can occur in person, by telephone, through

videoconferencing, or through other telecommunications. [1 O.C. 105.13-3]. The proposed

amendments also provide that an entity shall demonstrate presence during an entire meeting by taking

roll call on the record at both the beginning and conclusion of a meeting. [1 O.C. 105.13-3(c)].

Previously, the Law required that a member of a board, committee, or commission be physically present

for the entirety of a meeting because meetings had to occur in person in order to be eligible for a stipend.

 Effect. The proposed amendments provide more flexibility to boards, committees, and

commissions of the Nation in how they can hold meetings that are eligible for a stipend. Flexibility

for how a meeting is held is especially important during times such as this COVID-19 pandemic.

Holding meetings by telephone, video conferencing, or other telecommunications will help

eliminate any unnecessary contact between individuals which could spread COVID-19, without

disrupting the ability of a board, committee, and commission to conduct business and receive a

stipend for the business they are conducting. Although the Legislative Operating Committee wants

to provide boards, committees, or commissions with more flexibility, it is still important that

members of a board, committee, or commission participate and be present for the entirety of a

meeting, especially when meetings are not held in person. For that reason, the Legislative Operating

Committee included the provision on how a board, committee, or commission can demonstrate

presence during a meeting through taking roll call at the beginning and end of a meeting.

H. Frequency of Meeting Stipends. The proposed amendments revise how many meetings a board,

committee, or commission is eligible to receive a stipend for. The proposed amendments provide that

a member of an appointed entity may be eligible for up to twelve (12) meeting stipends per fiscal year,

while a member of an elected entity may be eligible for up to twenty-four (24) meeting stipends per

fiscal year. [1 O.C. 105.13-3(a)-(b)]. Previously, the Law provided that an individual serving on an

appointed entity shall be paid no more than one (1) meeting stipend per month, while an individual

serving on an elected entity shall be paid no more than two (2) meeting stipends per month.

 Effect. The proposed amendments do not change the overall number of meetings a member of a

board, committee, or commission may be eligible to receive per fiscal year. Providing the limitation

Page 7 of 16

Public Packet

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

48 of 178

Analysis to Draft 2

2020 08 22

on number of meetings that are eligible for a stipend per fiscal year instead of per month provides

boards, committees, and commissions with more flexibility in determining when stipend eligible

meetings should be held.

I. Joint Meetings Eligible for Stipends. The proposed amendments eliminate the requirement that a

member of a board, committee, or commission be physically present during the entirety of a joint

meeting with the Oneida Business Committee in order to be eligible to receive a joint meeting stipend.

[1 O.C. 105.13-4]. The amendments also provide that joint meetings can occur in person, by telephone,

through videoconferencing, or through other telecommunications. [1 O.C. 105.13-4].

 Effect. The proposed amendments provide more flexibility to boards, committees, and

commissions of the Nation in how they can hold joint meetings with the Oneida Business

Committee that are eligible for a stipend

 The Oneida Business Committee adopted resolution BC-03-27-19-D titled, “Oneida Business

Committee and Joint Meetings with Boards, Committees and Commissions – Definitions and

Impact” to set standard rules and understandings for joint meetings. Adoption of the proposed

amendments result in no conflict or impact on this resolution.

J. Technological Issues Affecting Presence During a Meeting. The proposed amendments provide that

if a member of an entity experiences technological issues during a regular, emergency, or joint meeting

held by telephone, through videoconferencing, or through other telecommunications, and the

technological issue disrupts the member’s presence during the meeting, the member shall notify the

entity of the technical issue as soon as possible. [1 O.C. 105.13-3(d), 1-5.13-4(c)]. The Law also allows

the an exemption to the stipend eligibility requirement to be present for the entire meeting to be granted

if the entity certifies by a majority vote that the member was present for a majority of the meeting

despite the technological issue which disrupted the member’s presence during the meeting. [1 O.C.

105.13-3(d)(1), 1-5.13-4(c)(1)].

 Effect. Since meetings may be held by telephone, through videoconferencing, or through other

telecommunications it can be assumed that technological problems may arise. [1 O.C. 105.13-3,

105.13-4]. The Legislative Operating Committee added this provision to the Law to allow for

exemptions so that a meeting stipend can still be paid to a member of an entity that experiences a

technological problem that resulted in the member not being present for the entire meeting, but who

still was present for a majority of the meeting.

K. Stipends for Attendance at Conferences and Trainings. The proposed amendments provide that a

member of a board, committee, or commission shall be eligible for a stipend for attending a conference

or training, when attendance at the conference or training is required by law, bylaw or resolution. [1

O,C. 105.13-8(a)]. The proposed amendments further provide that the amount of the stipend a member

is eligible to receive for attendance at a conference or training shall be dependent on whether the

member attended up to four (4) hours of a conference or training, or more than four (4) hours of a

conference or training. [1 O.C. 105.13-8(a)(1)]. Previously, the Law provided that a member shall be

eligible for a stipend for each full day the member is present at a conference or training, when

attendance at the conference or training is required by law, bylaw or resolution.

 Effect. The proposed amendments provide clarification as to how a stipend for attendance at a

conference or training will be determined. Previously, there were many questions as to how to

interpret what a “full day” of attending a conference and training meant. Many members of boards,

committees, and commissions expressed that requiring attendance at a conference or training be a

full day was inequitable as it did not reflect the reality of many trainings and conferences being less

Page 8 of 16

Public Packet

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

49 of 178

Analysis to Draft 2

2020 08 22

than a full day. The proposed amendment is modeled after how stipends for participation in

interviews are handled. This will provide not only clarification on how eligibility for a stipend for

attending a conference or training will be determined, but also provide more flexibility to members

of boards, committees, and commissions for what trainings or conferences they are eligible to

receive a stipend for.

L. Official Oneida E-Mail Address. The proposed amendments provide that a member of an entity shall

have thirty (30) days upon election or appointment to an entity to activate his or her official e-mail

address. [1 O.C. 105.14-3(b)]. Previously, there was no deadline associated with when a member of an

entity had to activate his or her account. The proposed amendments also clarify that an individual who

holds a position as an ad hoc or alternate member of an entity shall be exempt from the requirement to

be provided an official e-mail address, unless determined that an e-mail address is necessary for the

role and responsibilities of the ad hoc or alternate member. [1 O.C. 105.14-3(c)]. Previously, the Law

was not clear as to whether ad hoc or alternate members of an entity were required to be provided an

official e-mail address.

 Effect. The proposed amendments provide clarification for how an official e-mail address for a

member of an entity should be used. A deadline for activating the e-mail account was included in

the Law because the Business Committee Support Office reported issues with members not

activating or using their e-mail. It is very important that a member of an entity have the e-mail

address ready for use to ensure that there is a consistent form of communication available to reach

all members of a board, committee, and commission, as well as to encourage and ensure

confidentiality when conducting business electronically for the entity. The Law clarifies that an ad

hoc or alternate member of an entity does not have to be provided an official e-mail address, unless

determined that an e-mail address is necessary for the role and responsibilities of the ad hoc or

alternate member, because it would not be a good utilization of resources to provide an official email address to an individual that is brought on for a temporary basis, or who will have a limited

role and responsibilities.

M. Ineligibility Due to Conflicts of Interest. The proposed amendments to the Law provide that due to

the potential for a real or perceived conflict of interest to exist, the following individuals shall not be

eligible to serve on an appointed or elected entity: political appointees; an employee of the Nation’s

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

or Intergovernmental Affairs and Communications; and an employee who serves as a direct report to

the Oneida Business Committee or General Manager. [1 O.C. 105.15-3]. Previously, the Law only

provided that political appointees could not serve on an appointed or elected entity due to the potential

for a real or perceived conflict of interest to exist.

 Effect. The proposed amendments expand the restriction to serve on a board, committee, or

commission from political appointees to other employees of the Nation. The potential for a real or

perceived conflict of interest to exist for an employee of the Internal Audit Department, Finance

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

Communications, or any employee who holds a position as a direct report to the Oneida Business

Committee or General Manager is due to the nature of employment in those areas. Those employees

have access to confidential information which requires a higher level of professionalism and fiscal

responsibilities than other areas. Therefore, it is in the best interest of the Nation to recognize the

potential for a conflict of interest to exist and amend the Law to restrict employee related actions

on this matter to better protect the Nation from a potential conflict of interest.

Page 9 of 16

Public Packet

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378



50 of 178

Analysis to Draft 2

2020 08 22

Number of Employees Impacted. At the time this legislative analysis was drafted, the following

number of employees would be impacted as a result of this proposed amendment to the Law:

 Internal Audit Department: nine (9) employees;

 Oneida Law Office: eight (8) employees;

 Finance Administration Office: three (3) employees;

 Intergovernmental Affairs and Communications: seven (7) employees;

 Business Committee Support Office: five (5) employees; and

 Direct Reports: eight (8) employees including the following positions as identified in

resolution BC-08-14-19-N:

 Chief Counsel;

 General Manager;

 Gaming General Manager;

 Intergovernmental Affairs and Communications Director;

 Emergency Management Director;

 Area Manager, Human Resources Division;

 Area Manager, Retail-Profit; and

 Business Compliance Analyst.

Nothing in this Law limits the ability of any department of the Nation from placing their own

restrictions and expectations within employment contracts, job descriptions, or standard operating

procedures. As a result, there may be employees of the Nation who are already restricted from

serving on a board, committee or commission outside of this Law.

SECTION 6. EXISTING LEGISLATION

A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:

 Election law. The Election law governs the procedures for the conduct of orderly elections of the

Nation, including pre-election activities. [1 O.C. 102.1-1].

 The Boards, Committees, and Commissions law provides that applications for elected

positions shall be verified according to the Nation’s laws and/or policies governing elections.

[1 O.C. 105.5-4].

 The Boards, Committees, and Commissions law provides that all elected positions shall be

nominated at a caucus called by the Oneida Election Board, or apply for ballot placement, in

accordance with the Nation’s laws and/or policies governing elections, except where an

entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1].

Additionally, this Law provides that all other processes for the election of a member of an

entity shall be as directed by the Nation’s laws and/or policies governing elections. [1 O.C.

105.8-2].

 Open Records and Open Meetings law. The Open Records and Open Meetings law advances the

democratic principle of open government by providing access to information regarding the affairs

of government and the official acts and policies of those who represent them as public officials and

public employees. [1 O.C. 107.1-1].

 The Boards, Committees, and Commissions law provides that all removal or destruction of

documents of an entity shall be made in accordance with the Nation’s laws and policies

governing open records and open meetings. [1 O.C. 105.14-2].

Page 10 of 16

Public Packet

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

51 of 178

Analysis to Draft 2

2020 08 22

Computer Resources Ordinance. The Computer Resources Ordinance regulates the usage of

computer resources owned and operated by the Nation. [2 O.C. 215.1-1].

 The Boards, Committees, and Commissions law provides that a member of an entity shall

sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the

Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(b)].

 Social Media Policy. The Social Media Policy regulates social media accounts, including a social

networking web page, blog or microblog, that is administered on behalf of the Nation or an entity

of the Nation. [2 O.C. 218.1-1].

 The Boards, Committees, and Commissions law provides that a member of an entity shall

sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the

Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(b)].

 Conflict of Interest law. The purpose of the Conflict of Interest law is to ensure that all employees,

contractors, elected officials, officers, political appointees, appointed and elected members and all

others who may have access to information or materials that are confidential or may be used by

competitors of the Nation’s enterprises or interests be subject to specific limitations to which such

information and materials may be used in order to protect the interests of the Nation. [2 O.C. 217.11].

 The Boards, Committees, and Commissions law provides that all members of an entity are

required to adhere to the Nation’s laws and policies governing conflicts of interest. [1 O.C.

105.15-1].

 Removal law. The Removal law provides an orderly and fair process that governs the removal of

persons elected to serve on boards, committees, and commissions of the Nation. [1 O.C. 104.1-1].

The Removal law provides the various grounds for removal [1 O.C. 104.4-1], as well as the removal

process which consists of a petition [1 O.C. 104.5], preliminary review [1 O.C. 104.6], hearing at

the Judiciary [1 O.C. 104.7], and ultimate decision by the General Tribal Council [1 O.C. 104.8].

 The Boards, Committees, and Commissions law provides that any elected member of an

entity found to be in violation of this Law may be subject to removal pursuant to any laws

or policies of the Nation governing removal. [1 O.C. 105.18-1].

 The Boards, Committees, and Commissions law also provides that a position in an entity

shall be considered vacant upon removal whenever the removal is effective in accordance

to any law or policy of the Nation regarding removal. [1 O.C. 105.6-2(b)].

B. References to Conflicts of Interest in Other Laws. The following laws of the Nation reference conflict

of interest as it relates to employees and elected or appointed officials of the Nation. Employees and/or

elected and appointed officials are already subject to comply with the following provisions within other

laws:

 Conflict of Interest law. The Conflict of Interest law applies to “all agents, elected officials, officers,

political appointees, contractors, appointed and or elected members.” [2 O.C. 217.4-1].

 The Conflict of Interest law requires employees and elected or appointed officials to disclose

any conflicts of interest.

 Failure to disclose a conflict of interest may result in removal in accordance

with the Removal law, penalties pursuant to laws of the Nation regarding

penalties, or termination of employment. [2 O.C. 217.6-2 and 217.6-3].



Page 11 of 16

Public Packet

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

52 of 178

Analysis to Draft 2

2020 08 22

When an existing conflict of interest is disclosed, no employee, elected

official, or appointed official may participate in the selection, award or

administration of a contract, including contracts supported by federal award

and/or any other prohibited activities identified in any other law, policy or rule

of the Nation. [2 O.C. 217.7].

 There is no conflict with the proposed amendments and compliance with the Conflicts of

Interest law. Upon adoption of the proposed amendments, serving on a board, committee, or

commission of the Nation while being employed in the Internal Audit Department, Law

Office, Finance Administration Office, or Intergovernmental Affairs and Communications,

or employed in a position that serves as a direct report to the Oneida Business Committee

will become a “prohibited activity identified in a law of the Nation” in accordance with the

Conflict of Interest law.

Code of Ethics law. The Code of Ethics law promotes the highest ethical conduct in all of its elected

and appointed officials and employees and represents a minimum standard of conduct which is

expected. [1 O.C. 103.1-1]. All government officials, including persons elected to serve on a board,

committee or commission are subject to the Nation’s Code of Ethics law.

 The Code of Ethics law provides that a government official shall create and maintain an

independent and honorable political system and shall observe high standards of conduct…

including, but not limited to:” [1 O.C. 103.3-3(a)].

 Encouraging separation between departments or entities of tribal government,

and should avoid contact or duty that violates such a separation.

 Avoid participation in action or decision making (except where participation

is in accordance with the traditions of the Nation) that would present an

appearance of conflict of interest or an actual conflict of interest.

 The Code of Ethics law provides that a government official should disqualify themselves

when their action or inaction might reasonably be questioned, including, but not limited to

personal bias…” [1 O.C. 103.3-5].

 The Code of Ethics law provides that a government official shall regulate their extra

governmental activities to minimize the risk of conflict with duties of their office.” [1 O.C.

103.3-6].

 The Code of Ethics law provides that government officials may be subject to either removal,

if elected, or termination, if appointed, for a violation of any part of this ethics code as it

applies to them.” [1 O.C. 103.6-1].

 There is no conflict between the proposed amendments and compliance with the Code of

Ethics law.

Election law. The Election law states that “No applicant may have a conflict of interest with the

position for which they are being considered, provided that any conflict of interest which may be

eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to

nomination or election.” [1 O.C. 102.5-3].

 This means that although the proposed amendments to the Boards, Committees, and

Commissions law prohibit employees of the Internal Audit Department, Law Office,

Finance Administration Office, Intergovernmental Affairs and Communications, or any

person employed in a position that serves as a direct report to the Oneida Business

Committee from serving on a board, committee, or commission of the Nation, those



Page 12 of 16

Public Packet

467

468

469

470

471

472

473

474

475

476

477

478

479

480

53 of 178

Analysis to Draft 2

2020 08 22

individuals may still be nominated for office, run in an election, and win election to a board,

committee or commission. However, the winning candidate would have to eliminate their

conflict of interest prior to taking office by resigning from their position of employment.

C. Restrictions on Employees in Current Bylaws. Boards, committees and commissions may place

additional qualifications for membership within their bylaws. Bylaws are a document that provides a

framework for the operation and management of a board, committee or commission. Examples of these

qualifications include age, residency, education, and experience. Some boards already place restrictions

on whether employees of the Oneida Nation may serve on their entity. Below is a review of current

restrictions on employees of the Nation. For a full review of qualifications for each entity, please see

each entity’s bylaws.

Table 2. Restrictions on Employees in Current Bylaws.

Board, Committee or

Employees who may not serve on that entity:

Commission

Land Commission

Employees of the Nation’s Audit Department, Finance

Department, Law Office “or other department associated

with items (a) – (j) in section 1-3 of the Land Commission

bylaws:

• the Real Property law,

• Leasing law,

• Building Code,

• Condominium Ordinance,

• Zoning and Shoreland Protection law,

• Eviction and Termination law,

• Mortgage and Foreclosure law,

• the Cemetery law,

• and any other delegating law, policy, rule and/or

resolution of the Nation

Division Directors or Area Managers for the Oneida Nation,

Independent contractor for Land Management or any other

department of the Nation associated with items (a) – (j)

Anna John Resident

Employees of Anna John Resident Centered Care

Centered Care Community Community.

Board

Oneida Community

Employees or contractors of any Oneida Nation Library

Library Board

Branch.

Oneida Environmental

Employees of the Oneida Environmental, Health, Safety and

Resource Board (ERB)

Land Division

Oneida Nation Arts Board Employees of the Oneida Nation Arts Board.

Oneida Personnel

Employees of the Oneida Nation.

Commission

Oneida Police Commission Employees of the Oneida Police Department or individuals

terminated from the Oneida Police Department.

Oneida Land Claims

Shall not serve in the capacity of “consultant, contractor or

Commission

attorney for the Land Claims Commission.”

D. Restrictions on Employees in Current Laws. The following laws of the Nation already restrict certain

employees of the Nation from serving on certain boards, committees and commissions of the Nation:

Page 13 of 16

Public Packet

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

54 of 178

Analysis to Draft 2

2020 08 22

Table 3. Restrictions on Employees in Other Laws of the Nation.

Law or Bylaw

Entity

Restrictions on Oneida Nation Employees

Oneida Law

Oneida Police

“Must not be an employee of the Oneida

Enforcement

Commission

Police Department” [3 O.C. 301.6-3(e)].

Ordinance

Oneida Nation

Oneida Gaming

“Commissioners shall perform duties… on a

Gaming

Commission

full-time basis… and may not, during tenure

in office, be engaged in any other profession

Ordinance

or business activity…” [5 O.C. 501.6-9].

SECTION 7. OTHER CONSIDERATIONS

A. Updates to the Stipend Resolution. The Law requires that the Oneida Business Committee set stipend

amounts by resolution. [1 O.C. 105.13-2]. On September 26, 2018, the Oneida Business Committee

adopted resolution BC-09-26-18-D titled, “Boards, Committees, and Commissions Law Stipends”

which set forth the specific stipend amounts allowed to be paid to a member of a board, committee, or

commission. On May 8, 2019, the Oneida Business Committee adopted resolution BC-05-08-19-B

titled, “Amending Resolution BC-09-26-18-D Boards, Committees, and Commissions Law Stipends” to

allow the Oneida Nation School Board to be eligible to receive a stipend for participating in interviews

and/or job description prescreens. Then on March 17, 2020, the Oneida Business Committee adopted

resolution BC-03-17-20-D titled, “Amending Resolution BC-05-18-19-B Boards, Committees, and

Commissions Law Stipends” to address emergency amendments that were made to the Law. Based on

the proposed amendments, revisions to resolution BC-03-17-20-D will have to be made to permanently

reflect the new proposal on how to address the limitation of meeting stipends, as well as how stipends

for conferences and trainings are determined.

 Conclusion. The Legislative Operating Committee should consider bringing an amended stipend

resolution for consideration when the Legislative Operating Committee presents the proposed

amendments to the Oneida Business Committee for consideration.

B. Suspension of all Non-Emergent Expenses and Stipends and Activity by Certain Boards,

Committees, and Commissions. On March 19, 2020, the Nation’s COVID-19 Core Decision Making

Team issued a declaration titled, “Suspension of all Non-Emergent Expenses and Stipends and Activity

by Certain Boards, Committees, and Commissions.” This declaration identified that the Nation needed

to preserve cash flow to provide funds for regular wages to employees throughout the emergency

declaration period, and that activities of boards, committees, and commissions could create contact and

spread of COVID-19 through meetings and gatherings. This declaration then suspended all budget

expenditures and stipends for certain boards, committees, and commissions of the Nation, as well as

discontinued meetings for certain boards, committees, and commissions. For those boards, committees,

and commissions of the Nation not specifically identified, the declaration recommended that meetings

be discontinued or held remotely.

 The boards, committees, and commissions of the Nation who had all budget expenditures and

stipends suspended by this declaration included:

 Oneida Community Library Board;

 Oneida Environmental Resources Board;

 Oneida Nation Arts Board;

 Oneida Nation Veterans Affairs Committee;

 Oneida Personnel Commission;

Page 14 of 16

Public Packet

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

55 of 178

Analysis to Draft 2

2020 08 22

 Oneida Pow Wow Committee;

 Pardon and Forgiveness Screening Committee;

 Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

 Finance Committee, Public Member;

 Audit Committee, Public Member;

 Oneida Land Claims Commission; and

 Oneida Nation Commission on Aging.

 The boards, committees, and commissions of the Nation who had all meetings discontinued by this

declaration included:

 Oneida Community Library Board;

 Oneida Environmental Resources Board;

 Oneida Nation Arts Board;

 Oneida Nation Veterans Affairs Committee;

 Oneida Personnel Commission;

 Oneida Pow Wow Committee;

 Pardon and Forgiveness Screening Committee;

 Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

 Oneida Land Claims Commission; and

 Oneida Nation Commission on Aging.

 Conclusion. The Legislative Operating Committee should be informed that this declaration was

issued by the Nation’s COVID-19 Core Decision Making Team.

C. Boards, Committees and Commissions in Temporary Closure Status. On April 4, 2020, the Oneida

Business Committee adopted resolution BC-04-08-20-B titled, “Placing Listed Boards, Committees,

and Commissions in Temporary Closure Status.” Based on the Nation’s Public Health State of

Emergency and the necessity to enter into Tier V Budget Contingency measures through resolution

BC-04-08-20-C, the Oneida Business Committee reviewed the list of boards, committees and

commissions and determined that certain boards, committees, or commissions continuing to operate,

generating expenses would affect the overall financial status of the Nation, and therefore those entities

should be placed on temporary closure to preserve funding for necessary governmental services and

activities. This resolution places certain identified boards, committees, and commissions into temporary

closure for the remainder of Fiscal Year 2020 and during any continuing resolution for Fiscal Year

2021, also identifies that posting of vacancies shall be discontinued for the remainder of Fiscal Year

2020 and during any continuing resolution for Fiscal Year 2021.

 The boards, committees, and commissions of the Nation that were placed on temporary closure

include:

 Oneida Community Library Board;

 Oneida Environmental Resources Board;

 Oneida Nation Arts Board;

 Oneida Nation Veterans Affairs Committee;

 Oneida Personnel Commission;

 Oneida Pow Wow Committee;

 Pardon and Forgiveness Screening Committee;

 Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

 Oneida Land Claims Commission; and

Page 15 of 16

Public Packet

56 of 178

Analysis to Draft 2

2020 08 22

562

 Oneida Nation Commission on Aging.

563

 Conclusion. The Legislative Operating Committee should be informed that there are boards,

564

committees, and commissions that are currently in temporary closure status based on the financial

565

impacts of the COVID-19 pandemic.

566

D. Fiscal Impact. A fiscal impact statement of the proposed amendments to the Law was provided by the

567

Finance Department on July 20, 2020. Under the Legislative Procedures Act, a fiscal impact statement

568

is required for all legislation except emergency legislation. [1 O.C. 109.6-1].

569

 Oneida Business Committee resolution BC-09-25-19-A titled, “Interpreting ‘Fiscal Impact

570

Statement’ in the Legislative Procedures Act,” requires that when developing a fiscal impact

571

statement for the adoption of proposed legislation by the Oneida Business Committee the Finance

572

Department shall, within ten (10) business days of final approval of draft legislation by the

573

Legislative Operating Committee, provide a fiscal impact statement to the Legislative Operating

574

Committee.

575

Page 16 of 16

Public Packet

57 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

Title 1. Government and Finances – Chapter 105

BOARDS, COMMITTEES AND COMMISSIONS

Laotiyanl<hsla>sh&ha k<tyohkway<=t&=se>

Their laws

of the groups we have

BOARDS, COMMITTEES, AND COMMISSIONS

105.1. Purpose and Policy

105.2. Adoption, Amendment, Repeal

105.3. Definitions

105.4. Creation of an Entity

105.5. Applications

105.6. Vacancies

105.7. Appointment to an Entity

105.8. Election to an Entity

105.9. Oath of Office

105.10. Bylaws

105.11 Electronic Polling

105.12. Reporting Requirements

105.13. Stipends, Reimbursement and Compensation

105.14. Confidential Information

105.15. Conflicts of Interest

105.16. Use of the Nation’s Assets

105.17. Dissolution of an Entity

105.18. Enforcement

105.1. Purpose and Policy

105.1-1. It is the purpose of this law to govern boards, committees, and commissions of the Nation,

including the procedures regarding the appointment and election of persons to boards, committees

and commissions, creation of bylaws, maintenance of official records, compensation, and other

items related to boards, committees and commissions.

(a) This law shall not apply to the Oneida Business Committee, or Standing

Committeesstanding committees of the Oneida Business Committee.

(b) This law does not apply to Tribal corporations due to the corporate structure and

autonomy of those entities.

105.1-2. It is the policy of the Nation to have consistent and standard procedures for choosing and

appointing or electing the most qualified persons to boards, committees and commissions, for

creation of bylaws governing boards committees and commissions, and for the maintenance of

information created by and for boards, committees and commissions.

105.2. Adoption, Amendment, Repeal

105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F

and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, and BC-09-26-18-C. and amended

by BC-__-__-__-__.

105.2-2. 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.

105.2-3. 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.

105.2-4. 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.

105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

105.3. Definitions

105.3-1. 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.

1 O.C. 105 – Page 1

Public Packet

58 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

(a) "Application" means the form by which a person seeks to be appointed to fill a vacancy

on an entity.

(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an

entity by the Oneida Business Committee.

holidays recognized by the Nation.

(d) “Bylaws” means a document which provides a framework for the operation and

management of a board, committee, or commission of the Nation chiefly for the

government of its members and the regulation of its affairs.

(e) “Conference” means any training, seminar, meeting, or other assembly of persons

which is not an assembly of the entity.

(f) “Confidential information” means all information or data, whether printed, written, or

oral, concerning business or customers of the Nation, disclosed to, acquired by, or

generated by a member of an entity in confidence at any time during their elected or

appointed term or during their employment.

(g) “Conflict of interest” means any interest, real or apparent, whether it be personal,

financial, political, or otherwise, in which an elected official, officer, political appointee,

employee, contractor, or appointed or elected member, or their immediate family members,

friends or associates, or any other person with whom they have contact, have that conflicts

with any right of the Nation to property, information, or any other right to own and operate

activities free from undisclosed competition or other violation of such rights of the Nation.

In addition, conflict of interest also means any financial or familial interest an elected

official, officer, political appointee, employee, contractor, or appointed or elected member

or their immediate family members may have in any transaction between the Nation and

an outside party.

(h(h) “Direct report” means a position which requires direct contact and supervision by

the Oneida Business Committee because of the position, the duties, or the services

provided. Direct reports shall be identified by the Oneida Business Committee through

resolution

(i) "Entity" means a board, committee or commission created by the General Tribal

Council or the Oneida Business Committee whose members are appointed by the Oneida

Business Committee or elected by the Nation’s membership.

(ij) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all

members of an entity, in order to seek a response which identifies a vote in favor of,

opposing, or abstaining to an issue requiring approval by the entity.

(jk) “Joint meeting” means a meeting with the Oneida Business Committee.

(kl) “Nation” means the Oneida Nation.

(l) Am) “Per Diem@” means the payment made by the Nation to offset the costs of being

on travel on behalf of the Oneida Nation.

(mn) “Political appointee” means a person appointed by a member of the Oneida Business

Committee to provide assistance with the Oneida Business Committee member’s daily

activities and operations.

(no) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

1 O.C. 105 – Page 2

Public Packet

59 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. This also includes prescription medication or over-the-counter medicine used

in an unauthorized or unlawful manner.

(o) Ap) “Stipend@” means the amount paid by the Oneida Nation to a person serving on

a board, committee, or commission of the Nation in order to compensate the individual for

his or her contribution of time, effort, and work for his or her board, committee, or

commission for the betterment of the Nation.

(pq) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all

members of the entity; which is designated one (1) or more specific responsibilities on

behalf of the entity.

(qr) “Substantiated complaint” means a complaint or allegation in a complaint that was

found to be valid by clear and convincing evidence.

(rs) "Task Force or Ad Hoc" means a group of persons gathered to pursue a single goal,

the accomplishment of which means the disbanding of the group. The goal is generally

accomplished in a short time period, i.e. less than one year, but the goal itself may be longterm.

(st) "Vacancy" means any position on any board, committee or commission caused by

resignation, end of term, removal, termination, or creation of a new position.

105.4. Creation of an Entity

105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida

Business Committee or General Tribal Council.

105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all

powers and responsibilities delegated to the entity.

105.4-3. The Oneida Business Committee shall be responsible for drafting the initial bylaws of

the entity.

105.5. Applications

105.5-1. The Oneida Business Committee shall approve all applications to serve on an entity of

the Nation. All application materials shall be available in the Business Committee Support Office

and any other location specified by the Business Committee Support Office.

(a) All applications shall include:

(1) a statement explaining the attendance requirements of section 105.12-3; and

(2) a section regarding disclosures of conflicts of interest.

(b) An additional application form shall be required for those entities that require a

background investigation. This background investigation application shall include the

applicant’s social security number and any other information required for a background

investigation. The background investigation application shall be solely used for the

background investigation and not included in the application materials that are then shared

with the Oneida Business Committee, entity, and/or the Election Board.

105.5-2. Applications shall be filed with the Business Committee Support Office by 4:30 p.m. of

the deadline date.

105.5-3. Within eight (8) days after the posted deadline for filing applications, the Business

Committee Support Office shall notify all persons who have filed an application of the date his or

1 O.C. 105 – Page 3

Public Packet

60 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

her application was received and if his or her application met the deadline to be considered for the

election or appointment.

105.5-4. Applications for elected positions shall be verified according to the Nation’s laws and/or

policies governing elections. Applications for appointed positions shall be verified by the Business

Committee Support Office as needed or as required in the bylaws of the entity.

105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants

after the deadline date has passed for appointed positions, the Oneida Business Committee Support

Office may elect to:repost for an additional time period.

(a) include within the pool of appointed persons late applications, or

(a) If the number of applicants is equal to or less than the number of vacancies then it shall

be determined to be an insufficient number of applicants.

(b) repostThe Business Committee Support Office shall notify the Oneida Business

Committee if a position will be reposted for an additional time period.

within the deadline period.

(d) The Oneida Business Committee may elect to include within the pool of appointed

persons late applications.

105.6. Vacancies

105.6-1. The manner by which an individual fills a vacancy, either through election or

appointment, shall determine that member’s status as an appointed or elected official, despite the

entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.

105.6-2. A position on an entity shall be considered vacant in the following situations:

(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in

which the term ends.

(1) Although a position is considered vacant once the term ends, the member of the

entity may remain in office until the member’s successor has been sworn in by the

Oneida Business Committee in an effort to prevent a discontinuation of business or

a loss of quorum for the entity.

(b) Removal. Removal is effective, pursuant to any law and/or policy of the Nation

regarding removal.

majority vote of the Oneida Business Committee in favor of a member’s termination of

appointment.

(d) Resignation. A resignation is effective upon:

(1) Deliverance of a letter to the Business Committee Support Office and to the

Chairperson of the entity, or designee; or

(2) Acceptance by motion of the entity of a verbal resignation.

(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.

105.6-3. An entity shall notify the Business Committee Support Office as soon as the entity learns

that a position has or will become vacant. All notices of vacancy shall be sent to the entities for

clarification or confirmation prior to notification to the Oneida Business Committee.

105.6-4. The Business Committee Support Office shall forward the notice of vacancy to the

Secretary. The Secretary shall request and receive approval from the Oneida Business Committee

1 O.C. 105 – Page 4

Public Packet

61 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

to post the notice of vacancy. The Business Committee Support Office shall post notice of

vacancies at the following times:

(a) End of Term. Automatically sixty (60) days prior to completion of the term.

(b) Removal. No later than the next Oneida Business Committee meeting following the

effective date of the removal.

the Business Committee Support Office’s receipt of notice of an effective resignation from

the entity.

(d) New Positions. Upon one of the following conditions:

(1) if not specified, immediately upon creation of entity or adoption of bylaws,

whichever is later, or

(2) upon date specified when creating the entity.

(e) Termination of appointment. No later than the next Oneida Business Committee

meeting following the effective date of the termination.

105.6-5. Notice of vacancies shall be posted by the Business Committee Support Office in all

official media outlets of the Nation, as determined by the Oneida Business Committee, as well as

any other location deemed appropriate by the Secretary.

105.7. Appointment to an Entity

105.7-1. Appointment Selection. The following procedures shall be used to determine how the

applicant for an appointed position is selected:

(a) Within eight (8) business days after the posted deadline for submitting an application,

or within twenty-one (21) days of the posted deadline if the entity requires a background

investigation to be completed as part of the application process, the Business Committee

Support Office shall:

(1) deliver all applications, along with a summary of qualifications to hold office,

and the results of the background investigation if required, to each member of the

Oneida Business Committee as well as the entity’s Chairperson; and

(2) place the appointment for the entity on the next executive session portion of

the agenda of a regular or special Oneida Business Committee meeting in which

the appointment is intended to be made.; or

(3) if delays in compiling the applications, summary of qualifications, or results of

any investigations exist, request additional time from the Oneida Business

Committee to complete requirements of section 105.7-1(a)(1)-(2).

(b) Each member of the Oneida Business Committee shall review the application

materials prior to executive session and be prepared to discuss and select an applicant for

appointment.

(1) The entity’s Chairperson may have until the executive session to review the

application materials and providesubmit to the Business Committee Support Office

a recommendation to the Oneida Business Committee a recommendation of an

applicant for appointment.

(A) The recommendation shall be submitted to the Business Committee

Support Office in accordance with the submission deadlines for the Oneida

1 O.C. 105 – Page 5

Public Packet

62 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

Business Committee meeting in which the appointment is intended to be

made.

and qualifications of the potential applicants, and any recommendation made by the

Chairperson of the entity, during executive session. After completing a thorough

discussion, the Oneida Business Committee shall:

(1) chooseselect an applicant for appointment, or

(2) ask the Oneida Nation’s Secretary to re-notice the vacancy because of

ineligible, unqualified, or under qualified applicants.

(d) All appointments shall be made by the Oneida Business Committee during the open

session of a regular or special Oneida Business Committee meeting. The Oneida Business

Committee shall not appoint an applicant who fails to meet the requirements set out in the

entity's bylaws.

(e) During the open session of the regular or special Oneida Business Committee meeting,

a member of the Oneida Business Committee may make a motion to appoint an individual.

Oneida Business Committee members may:

(1) accept the selected applicant and vote to appoint the individual to the vacant

position, or

(2) reject the selected applicant and vote to oppose the appointment of the

individual.

(f) If the Oneida Business Committee rejects the selected applicant, the matter will be

deferred to the next Oneida Business Committee meeting where another applicant may be

recommended by the Oneida Business Committee, or the Oneida Business Committee may

direct the vacancy to be re-posted. When a vacancy is re-posted under this section, all

applications from the first posting shall be considered to have been filed within the deadline

period.

105.7-2. Notification of Appointment. Once an individual is selected for appointment at an Oneida

Business Committee meeting, the Nation’s Secretary shall notify all applicants of the final status

of their application.

(a) The Nation’s Chairperson shall forward a list of all applicants to the Nation’s Secretary

and the final decision regarding the selection after the procedures for selection of an

applicant described in section 105.7-1 are completed.

(b) The Nation’s Secretary shall include on the notice to the applicant selected for

appointment the following paragraph: A“The Oneida Nation reports all income paid by the

Oneida Nation in whatever form. The Internal Revenue Service of the United States

considers stipends paid to members of boards, committees, and commissions to be income

which may be offset by expenses related to that income. You will receive an income report

which is also forwarded to the Internal Revenue Service, it is also your responsibility to

keep documentation of expenses related to this income.@.”

105.7-3. Declination of Appointment. An individual who has been selected for appointment to an

entity by the Oneida Business Committee may decline the appointment.

(a) An individual may decline an appointment to an entity in the following ways:

(1) Delivery of ana letter stating that the individual wishes to decline the

appointment to the Business Committee Support Office; or

1 O.C. 105 – Page 6

Public Packet

63 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

(2) The failure to take the oath of office within thirty (30) days of being selected

for appointment by the Oneida Business Committee.

(b) The Business Committee Support Office shall notify the Oneida Business Committee

if an individual declines an appointment to an entity. The Oneida Business Committee shall

then use the original pool of applications for the vacancy posting and the process outlined

in section 105.7-1 to select another applicant for appointment.

105.7-4. Termination of Appointment. An appointed member of an entity serves at the discretion

of the Oneida Business Committee. Upon the recommendation of a member of the Oneida

Business Committee or the entity, a member of an appointed entity may have his or her

appointment terminated by the Oneida Business Committee.

(a) A two-thirds majority vote of the Oneida Business Committee shall be required in order

to terminate the appointment of an individual.

(b) The Oneida Business Committee’s decision to terminate an appointment is final and

not subject to appeal.

105.8. Election to an Entity

105.8-1. All elected positions shall be nominated at a caucus called by the Oneida Election Board,

or petitionapply for ballot placement, in accordance with the Nation’s laws and/or policies

governing elections, except where an entity’s bylaws allow for a vacancy to be filled by

appointment.

(a) When the Election Board notifies a petitioneran applicant or nominee that he or she is

eligible to be placed on the ballot, the following paragraph shall be included: A“The Oneida

Nation reports all income paid by the Nation in whatever form. The Internal Revenue

Service of the United States considers stipends paid to members of boards, committees,

and commissions to be income which may be offset by expenses related to that income.

You will receive an income report which is also forwarded to the Internal Revenue Service,

it is also your responsibility to keep documentation of expenses related to this income.@.”

105.8-2. All other processes for the election of a member of an entity shall be as directed by the

Nation’s laws and/or policies governing elections.

105.9. Oath of Office

105.9-1. All appointed and elected positions are official upon taking an oath during a regular or

special Oneida Business Committee meeting., or at an alternative time and location as determined

by the Secretary. All rights and delegated authorities of membership in the entity shall vest upon

taking the oath. The Nation’s Secretary shall notify the chosen persons when they shall appear for

taking the oath.

(a) TheWhen taking an oath, the appointed or elected member shall appear in person at

the Oneida Business Committee meeting to take his or her oath, except if granted

permission by the Secretary to appear bythrough video conferencing equipment, or through

other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum

of Oneida Business Committee members shall be present to witness the oath.

105.9-2. The Oneida Business Committee shall approve wording of oaths. Any revisions of oaths

1 O.C. 105 – Page 7

Public Packet

64 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

shall be approved by the Oneida Business Committee prior to usage. Oaths shall be kept on file by

the Business Committee Support Office.

105.9-3. Originals of the signed oath, or electronic copies of the originals of the signed oath, shall

be maintained by the Business Committee Support Office. Copies of the oath shall be forwarded

to the new member of the entity and the entity.

105.9-4. The following oath is the standard oath to be used unless a specific oath for the entity is

pre-approved by the Oneida Business Committee: I, [name], hereby promise to uphold the laws

and regulations of the Oneida Nation, the General Tribal Council, and the Oneida Nation

Constitution. I will perform my duties to the best of my ability and on behalf of the Oneida people

with honor, respect, dignity, and sincerity and will strictly maintain confidential information. I will

carry out the duties and responsibilities as a member of the [entity name], and all recommendations

shall be made in the best interest of the Oneida Nation as a whole.

105.9-5. All oaths shall be sufficient to make the appointed or elected member of an entity aware

of their duty to the Nation and as members of the entity.

105.10. Bylaws

105.10-1. All entities of the Nation shall have bylaws that conform to the requirements of this

law. Bylaws shall become effective upon approval of the Oneida Business Committee, unless

where General Tribal Council approval is additionally required.

(a) All existing entities mustshall comply with this format and present bylaws for adoption

within a reasonable time after creation of the entity, or within a reasonable time after

adoption of this law.

(b) Bylaws mustshall contain at least the minimum information required by law, although

more information is not prohibited.

to have bylaws. However, these entities mustshall have, at minimum, mission or goal

statements for completion of the task.

105.10-2. Articles. Bylaws shall contain, at a minimum, the following Articles:

(a) Article I. Authority.

(b) Article II. Officers.

(d) Article IV. Expectations.

(e) Article V. Stipends and Compensation.

(f) Article VI. Records and Reporting.

(g) Article VII. Amendments.

105.10-3. Sections. Articles shall be divided into "sections" as set out.

(a) "Article I. Authority" shall consist of the following:

(1) Name. The full name of the entity shall be stated, along with any short name

that will be officially used.

(2) Establishment. This section shall state the citation and name, if any, of the

creation document.

(3) Authority. This section shall state the purpose for which the entity was created

and what, if any, authority the entity is delegated.

(4) Office. There shall be listed the official office or post box of the entity.

1 O.C. 105 – Page 8

Public Packet

65 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

(5) Membership. The following information shall be in this section:

(A) Number of members on the entity;

(B) If members on the entity are elected or appointed, and how a member

is elected or appointed;

(D) Qualifications for membership on the entity.

(i) In order to qualify for membership on an entity, a person shall

meet the minimum age requirements set forth for status as a

qualified voter of the Nation, unless a law, policy, or directive sets

forth a minimum age requirement.

(6) Termination or Removal. This section shall identify causes for termination or

removal, if any, in addition to those already identified in laws and/or policies of the

Nation.

(7) Trainings and Conferences. This section shall describe any trainings and/or

conferences that the entity deems necessary for members to responsibly serve the

entity, if any.

(b) "Article II. Officers" shall consist of the following:

(1) Chairperson and Vice-Chairperson. This section creates the chairperson and

vice-chairperson positions of the entity. Other officer positions may also be created

here.

(2) Responsibilities of the Chairperson. Because of the importance of this position,

all duties and responsibilities of the chairperson, as well as limitations of the

chairperson shall be specifically listed here.

(3) Responsibilities of the Vice-Chairperson. Because of the importance of this

position, all duties and responsibilities of the vice-chairperson, as well as

limitations of the vice-chairperson shall be specifically listed here.

(4) Responsibilities of Additional Officers. There may be additional sections as

needed for every officer position created in subsection one (1) above. These

sections shall state all duties and responsibilities of the officer, as well as any

limitations of the officer.

(5) Selection of Officers. This section shall identify how a member of the entity

shall be selected for an official officer position in the entity.

(6) Budgetary Sign-Off AuthorityPurchases and Travel. This section shall identify

the entity’s varying levels of budgetary sign-off authority, the members that are

authorized to sign-off at each level, and how the entity shall handle

approvingapprove purchases or travel on behalf of the entity.

(A) An entity shall follow the Nation’s policies and procedures regarding

purchasing and sign-off authority.

(B(B) Upon formal approval of a purchase by an entity, the Business

Committee Support Office shall have official budgetary sign off authority

for the entity.

entity by majority vote at a regular or emergency meeting of the entity.

(7) Personnel. This section shall state the entity’s authority for hiring personnel,

1 O.C. 105 – Page 9

Public Packet

66 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

426

427

if any, and the duties of such personnel.

(1) Regular meetings. This section shall identify when and where regular meetings

shall be held, and how the entity shall provide notice of the meeting agenda,

documents, and minutes.

(2) Emergency meetings. This section shall identify what constitutes an emergency

meeting, how emergency meetings shall be called, and how the entity shall provide

notice of the emergency meeting.

(A) All bylaws shall include a provision requiring that within seventy-two

(72) hours after an emergency meeting, the entity shall provide the Nation’s

Secretary with notice of the meeting, the reason for the emergency meeting,

and an explanation of why the matter could not wait for a regular meeting.

(3) Joint Meetings. This section shall identify if joint meetings shall be held, the

frequency and location of joint meetings, and how the entity shall provide notice of

the meeting agenda, documents, and minutes.

(4) Quorum. This section shall identify how many members of an entity create a

quorum.

(5) Order of Business. This section sets out how the agenda will be set up.

(6) Voting. This section shall identify voting requirements, such as, but not limited

to:

(A) the percentages that shall be needed to pass different items;

(B) if, and when, the chairperson is allowed to vote;

(D) if the use of and e-poll is permissible, who will serve as the

Chairperson’s designee for the responsibility of conducting an e-poll, if a

designee is utilized.

(d) “Article IV. Expectations” shall consist of the following information:

(1) Behavior of Members. This section shall identify the behavioral expectations

and requirements of a member of the entity, and identify how the entity shall

enforce these behavioral expectations.

(2) Prohibition of Violence. This section shall prohibit any violent intentional act

committed by a member of the entity that inflicts, attempts to inflict, or threatens

to inflict emotional or bodily harm on another person, or damage to property, and

set forth any further expectations regarding the prohibition of violence.

(3) Drug and Alcohol Use. This section shall prohibit the use of alcohol and

prohibited drugs for a member of an entity when acting in their official capacity,

and set forth any further expectations regarding the use of prohibited drugs and

alcohol.

(4) Social Media. This section shall identify expectations for the use of social

media in regards to official business of the entity.

(5) Conflict of Interest. This section shall state any standards and expectations

additional to those required by law of the Nation in regards to conflicts of interest

and how they are handled, as well as requirements related to prohibited activities

resulting from disclosed conflicts of interest, and means by which a party can

1 O.C. 105 – Page 10

Public Packet

67 of 178

Draft 2 for OBC Consideration (Redline to Last Permanent Draft - BC-09-26-18-C)

2020 08 12

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

470

471

alleviate or mitigate the conflict of interest.

(e) “Article V. Stipends and Compensation” shall consist of the following information:

(1) Stipends. This section shall include a comprehensive list of all stipends

members are eligible to receive and the requirements for collecting each stipend, if

any in addition to those contained in this law.

(2) Compensation. This section shall include details regarding all other forms of

compensation members are eligible to receive and the requirements for collecting

such compensation, if any in addition to those contained in this law.

(f) "Article VI. Records and Reporting" shall consist of the following information:

(1) Agenda Items. Agenda items shall be maintained in a consistent format as

identified by this section.

(2) Minutes. Minutes shall be typed and in a consistent format designed to generate

the most informative record of the meetings of the entity. This may include a

summary of action taken by the entity. This section shall identify the format for

minutes, and a reasonable timeframe by which minutes shall be submitted to the

Business Committee Support Office.

(3) Attachments. Handouts, reports, memoranda, and the like may be attached to

the minutes and agenda, or may be kept separately, provided that all materials can

be identified to the meeting in which they were presented. This section shall

identify how records of attachments shall be kept.

(4) Oneida Business Committee Liaison. Entities shall regularly communicate with

the Oneida Business Committee member who is their

This text is long and has been trimmed here. Open the source document for the complete record.

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.