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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
June 18, 2025
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. May 21, 2025 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Landlord Tenants Law Amendments (pg. 4)
2. Election Law Emergency Amendments (pg. 40)
3. Hunting, Fishing, and Trapping Law Amendments (pg. 80)
4. Petition: S. Benton – Personnel Policies and Procedures Amendments #2025-01 (pg. 124)
5. Petition: S. Benton – Trial Court Rules Amendments #2025-02 (pg. 134)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
OODDDO
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
May 21, 2025
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby Metoxen, Jonas Hill
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: David P. Jordan, Rae Skenandore, Eric Boulanger,
Katsitsiyo Danforth, Kristal Hill, Fawn Cottrell, Ralinda Ninham-Lamberies, Kaylynn Gresham,
Fawn Billie, Shannon Stone, Nicole Rommel, Heidi Janowski, Melissa Alvarado, Tavia JamesCharles, Mark Powless, Taryn Webster, Leslie Lamberies, Daniel Habeck, Peggy Helm-Quest,
Jason Martinez, Diana Taubel, Peggy Van Gheem, Candace House, Ronald Vanschyndel
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the May 21, 2025, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda with one addition: V.1 Rescheduled
Summer LOC Community Meeting Notice; seconded by Jonas Hill. Motion carried
unanimously.
II.
Minutes to be Approved
1. May 7, 2025 LOC Meeting Minutes
Motion by Jennifer Webster to approve the May 7, 2025 LOC meeting minutes and forward
to the Oneida Business Committee; seconded by Marlon Skenandore. Motion carried
unanimously.
III.
Current Business
1. Hunting, Fishing, and Trapping Law Amendments
Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded
by Jonas Hill. Motion carried unanimously.
2. Landlord Tenant Law Amendments
Motion by Kirby Metoxen to approve the updated public comment review memorandum,
draft, and legislative analysis for the proposed amendments to the Landlord Tenant law;
seconded by Jennifer Webster. Motion carried unanimously.
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Legislative Operating Committee Meeting Minutes of May 21, 2025
Page 1 of 2
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Motion by Jennifer Webster to approve the fiscal impact statement request memorandum
and forward the materials to the Finance Department directing that a fiscal impact
statement be prepared and submitted to the LOC by June 6, 2025; seconded by Marlon
Skenandore. Motion carried unanimously.
3. Workplace Violence Law Amendments
Motion by Jennifer Webster to accept the updated draft and legislative analysis and defer
to a work meeting to address the potential conflict before a public meeting is held; seconded
by Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
1. Election Law Emergency Amendments
Motion by Jennifer Webster to approve the request to process emergency amendments to
the Election Law, noting Election Law Amendments are already on the Active Files List;
seconded by Jonas Hill. Motion carried unanimously.
V.
Additions
1. Rescheduled Summer LOC Community Meeting Notice
Motion by Jennifer Webster to approve the updated LOC Summer Community Meeting
Notice and reschedule the Summer LOC Community Meeting to be held on June 18, 2025;
seconded by Jonas Hill. Motion carried unanimously.
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Jonas Hill to adjourn at 9:41 a.m.; seconded by Marlon Skenandore. Motion
carried unanimously.
Legislative Operating Committee Meeting Minutes of May 21, 2025
Page 2 of 2
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
"'
GDOOOO
ONEIDA
Legislative Operating Committee
June 18, 2025
Landlord-Tenant Law
Amendments
Submission Date: 2/21/24
Public Meeting: 3/14/25
Emergency Enacted: n/a
Expires: n/a
LOC Sponsor: Jonas Hill
Summary: This item was added to the Active Files List on February 21, 2024, per the request of
the Oneida Law Office, for the purpose of making the Landlord Tenant law generally applicable to
all landlords, not just the Nation as a landlord, and fully assert the Nation’s jurisdiction within the
Reservation boundaries.
2/21/24 LOC: Motion by Kirby Metoxen to add the Landlord Tenant law amendments to the Active
Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried
unanimously.
3/20/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon
Skenandore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen
Perkins. The purpose of this work session was for the LOC to discuss and determine
a priority for this legislative item.
5/28/24:
Work Meeting. Present: Krystal John, Grace Elliott. The purpose of this meeting was
to outline the main amendments being sought.
7/11/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Krystal John,
Lisa Rauschenbach, Michelle Hill, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting
was to identify any areas of the Landlord Tenant law that may benefit from
amendments.
8/1/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen Perkins, Mark Powless,
Derick Denny, Krystal John, Scott Denny, Grace Elliott. The purpose of this meeting
was to continue reviewing the Landlord Tenant law for any recommended
amendments.
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8/23/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Clorissa
Leeman, Carolyn Salutz, Maureen Perkins, Fawn Billie. The purpose of this meeting
was to address a final question about the proposed amendments to the Law.
12/18/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster,
Kirby Metoxen, Clorissa Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell,
Maureen Perkins, Grace Elliott. The purpose of this meeting was to review inconsistencies in the
law that were identified in the legislative analysis and gather direction on next steps.
2/5/25 LOC: Motion by Jonas Hill to accept the Landlord Tenant law Amendments Legislative
Analysis and approve the public meeting packet for amendments to the Landlord
Tenant law and forward to a public meeting to be held on March 14, 2025; seconded
by Jennifer Webster. Motion carried unanimously.
3/14/25:
Public Meeting Held. Present: Marlon Skenandore, Clorissa Leeman, Grace Elliott,
Carolyn Salutz, Jason King, Katsitsiyo Danforth, Kimberly Skenandore Goodrich,
Kristal Hill, Hon. Patricia Hoeft, Shannon Stone, Stephanie Smith, Brittany Smith,
Sky Gonzalez, Mary Ann Peters. No individuals provided oral comments during this
public meeting.
3/21/25:
Public Comment Period Closed. One (1) person provided written comments during
this public comment period.
5/7/25 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Kirby Metoxen.
Motion carried unanimously.
5/7/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon Skenandore,
Clorissa Leeman, Carolyn Salutz, Grace Elliott, Fawn Billie, Fawn Cottrell, Fawn Billie. The
purpose of this meeting was for the LOC to fully consider the comments received on the proposed
Landlord Tenant law amendments.
5/21/25 LOC: Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft,
and legislative analysis for the proposed amendments to the Landlord Tenant law; seconded by
Jennifer Webster. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and
forward the materials to the Finance Department directing that a fiscal impact statement be
prepared and submitted to the LOC by June 6, 2025; seconded by Marlon Skenandore. Motion
carried unanimously
Next Steps:
▪
Approve the adoption packet for the proposed amendments to the Landlord Tenant Law
and forward to the Oneida Business Committee for consideration.
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A good mind. A good heart. A strong fire.
ONEIDA
6 of 150
Oneida Nation
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Jameson Wilson, LOC Chairperson
June 25, 2025
Adoption of Amendments to the Landlord Tenant Law
Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Landlord Tenant Law:
1.
2.
3.
4.
5.
6.
Resolution: Amendments to the Landlord Tenant Law
Statement of Effect: Amendments to the Landlord Tenant Law
Landlord Tenant Law Amendments Legislative Analysis
Landlord Tenant Law Amendments Draft (Redline)
Landlord Tenant Law Amendments Draft (Clean)
Landlord Tenant Law Amendments Fiscal Impact Statement
Overview
The purpose of the Landlord Tenant Law is to provide mechanisms for protecting the rights of the
landlords and tenants on all land owned by the Nation or members of the Nation within the
Reservation boundaries. [6 O.C. 611.1-1]. Amendments to the Landlord Tenant Law are being
sought to:
Expand the scope of the law to include all land owned by the Nation or members of the Nation
within the Reservation boundaries instead of only to the Nation’s rental programs. [6 O.C. 611.11].
Expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s
rental programs to include all residents of the Nation. [6 O.C. 611.1-2].
Expand the definition of landlord to include any person or entity within the Nation’s jurisdiction,
instead of limiting it to the Nation acting in its capacity as the landlord. [6 O.C. 611.3-1(b)].
Redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division
instead of jointly to the Land Commission and the Comprehensive Housing Division. [6 O.C.
611.3-1(g)]. The Land Commission’s rulemaking authorities are eliminated as follows:
• Naming programs and providing specific requirements and regulations that apply to said
programs. [6 O.C. 611.10-1]
• Disposition of personal property on Tribal land. [6 O.C. 611.5-2(c)].
• How and when rent shall be decreased due to untenability. [6 O.C. 611.5-3(c)(2)].
• Governing the selection of applicants for the issuance of rental agreements. [current 6
O.C. 611.4-3].
Remove rulemaking authority over applicant selection for the issuance of rental agreements from
both the Land Commission and the Comprehensive Housing Division. current 6 O.C. 611.4-3].
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Organize the law to flow from general to specific in accordance with the Legislative Procedures
Act. [1 O.C. 109.11-1(d)]. The Rental Program section is limited to rental programs managed by
the Comprehensive Housing Division, these programs now occupy a subset of landlord tenant
relationships under the proposed amendments expanded scope of landlord tenant relationships. [6
O.C. 611.1-1]. Therefore, the Rental Program section is moved from the beginning of the law to
the end. [current 6 O.C. 611.4]. [proposed 6 O.C. 611.10].
Clarify that rental agreements shall state that nothing in the agreement may be considered a waiver
of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord. [6 O.C.
611.4-2(a)(5)].
Clarify that all landlords or their staff must keep a written log of the date and the work time
expended storing and/or removing personal property and/or removing debris left at the property
after the expiration of the timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)].
Remove language applying any section of this law to leases. [6 O.C. 611.5-3].
Clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and
Termination law based on contacts with an entity for law enforcement services, health services, or
safety services. [6 O.C. 611.4-(b)(1)(C)].
Provide that when the Nation is the landlord, and a property has become untenable due to damage
by fire, water or other casualty, or because of any condition hazardous to health, or if there is a
substantial violation of 611.5-3(a) materially affecting the health and safety of the tenant,
alternative housing shall be provided if it is reasonably available. [6 O.C. 611.5-3(c)(4)].
Expand protections provided to a child of a tenant to a child of the household when the landlord is
presented with documentation of any of the following:
• An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant;
• An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child
from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual
assault under Wis. Stat. 940.225, 948.02 and 948.025;
• A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child.
[6 O.C. 611.6-1(b), (c), (e), and (f)].
Make other minor drafting changes throughout the Law.
The Legislative Operating Committee developed the proposed amendments to the Landlord Tenant
Law through collaboration with representatives from the Comprehensive Housing Division,
Oneida Law Office, Land Management, and General Manager. The Legislative Operating
Committee held seven (7) work meetings on the development of the amendments to the Landlord
Tenant Law.
The development of the amendments to the Landlord Tenant Law complies with all processes and
procedures required by the Legislative Procedures Act, including the development of a legislative
analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public
comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Landlord Tenant Law on March 14, 2025. No individuals provided public comments during this
public meeting. The public comment period was then held open until March 21, 2025. One (1)
individual provided written comments during the public comment period.
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The amendments to the Landlord Tenant Law will become effective immediately, June 25, 2025.
Requested Action
Adopt the Resolution: Amendments to the Landlord Tenant Law.
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ONEIDA
Oneida Nation
9 of 150
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Amendments to the Landlord Tenant 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 Landlord Tenant Law (“the Law”) was adopted by the Oneida Business Committee
through resolution BC-10-12-16-C, and amended by resolution BC-12-13-17-D; and
WHEREAS,
the purpose of this Law is to provide mechanisms for protecting the rights of the landlords
and tenants on all land owned by the Nation or members of the Nation within the
Reservation boundaries; and
WHEREAS,
the amendments to the Law expand the scope of the law to include all land owned by the
Nation or members of the Nation within the Reservation boundaries instead of only to the
Nation’s rental programs; and
WHEREAS,
the amendments to the Law expand the Nation’s policy of providing a fair process to
landlords and tenants of the Nation’s rental programs to include all residents of the Nation;
and
WHEREAS,
the amendments to the Law expand the definition of landlord to include any person or
entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its
capacity as the landlord; and
WHEREAS,
the amendments to the Law redefine “rule” to grant rulemaking authority solely to the
Comprehensive Housing Division instead of jointly to the Land Commission and the
Comprehensive Housing Division; and
WHEREAS,
the amendments to the Law remove rulemaking authority over applicant selection for the
issuance of rental agreements from both the Land Commission and the Comprehensive
Housing Division; and
WHEREAS,
the amendments to the Law organize the law to flow from general to specific in
accordance with the Legislative Procedures Act; and
WHEREAS,
the amendments to the Law clarify that rental agreements shall state that nothing in the
agreement may be considered a waiver of the Nation’s sovereign immunity when the
Nation is acting in its capacity as a landlord; and
WHEREAS,
the amendments to the Law clarify that all landlords or their staff must keep a written log
of the date and the work time expended storing and/or removing personal property and/or
10 of 150
BC Resolution _____________
Amendments to the Landlord Tenant Law
Page 2 of 2
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removing debris left at the property after the expiration of the timeframe provided in the
order to vacate; and
WHEREAS,
the amendments to the Law remove language applying any section of this law to leases;
and
WHEREAS,
the amendments to the Law clarify that a landlord may bring an action for eviction when it
is authorized by the Eviction and Termination law based on contacts with an entity for law
enforcement services, health services, or safety; and
WHEREAS,
the amendments to the Law provide that when the Nation is the landlord, and a property
has become untenable due to damage by fire, water or other casualty, or because of any
condition hazardous to health, or if there is a substantial violation of 611.5-3(a) materially
affecting the health and safety of the tenant, alternative housing shall be provided if it is
reasonably available; and
WHEREAS,
the amendments to the Law Expand protections provided to a child of a tenant to a child
of the household when the landlord is presented with documentation of any of the
following:
• An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant;
• An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting
a child from a co-tenant, based on the co-tenant’s engaging in an act that would
constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025;
• A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the
child. [6 O.C. 611.6-1(b), (c), (e), and (f)]; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Comprehensive Housing Division,
Land Management, Oneida Law Office, General Manager; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and
WHEREAS,
the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on March 14, 2025, with no individuals providing oral comments, and the
public comment period for the amendments to this Law was held open until March 21,
2025, with one (1) individual providing written comments; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Landlord Tenant Law, now known as the Landlord Tenant Law, which shall become effective on
June 25, 2025.
11 of 150
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Statement of Effect
Amendments to the Landlord Tenant Law
Summary
This resolution adopts amendments to the Landlord Tenant Law.
Submitted by: Grace L. Elliott, Staff Attorney, Legislative Reference Office
Date: June 18, 2025
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Landlord Tenant Law. The purpose of the Landlord
Tenant Law is to provide mechanisms for protecting the rights of the landlords and tenants on all
land owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C.
611.1-1]. Amendments to the Landlord Tenant Law are being sought to:
▪
▪
▪
▪
▪
▪
Expand the scope of the law to include all land owned by the Nation or members of the Nation
within the Reservation boundaries instead of only to the Nation’s rental programs. [6 O.C. 611.11].
Expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s
rental programs to include all residents of the Nation. [6 O.C. 611.1-2].
Expand the definition of landlord to include any person or entity within the Nation’s jurisdiction,
instead of limiting it to the Nation acting in its capacity as the landlord. [6 O.C. 611.3-1(b)].
Redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division
instead of jointly to the Land Commission and the Comprehensive Housing Division. [6 O.C.
611.3-1(g)]. The Land Commission’s rulemaking authorities are eliminated as follows:
• Naming programs and providing specific requirements and regulations that apply to said
programs. [6 O.C. 611.10-1]
• Disposition of personal property on Tribal land. [6 O.C. 611.5-2(c)].
• How and when rent shall be decreased due to untenability. [6 O.C. 611.5-3(c)(2)].
• Governing the selection of applicants for the issuance of rental agreements. [current 6
O.C. 611.4-3].
Remove rulemaking authority over applicant selection for the issuance of rental agreements from
both the Land Commission and the Comprehensive Housing Division. current 6 O.C. 611.4-3].
Organize the law to flow from general to specific in accordance with the Legislative Procedures
Act. [1 O.C. 109.11-1(d)]. The Rental Program section is limited to rental programs managed by
the Comprehensive Housing Division, these programs now occupy a subset of landlord tenant
relationships under the proposed amendments expanded scope of landlord tenant relationships. [6
O.C. 611.1-1]. Therefore, the Rental Program section is moved from the beginning of the law to
the end. [current 6 O.C. 611.4]. [proposed 6 O.C. 611.10].
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▪
▪
▪
▪
▪
▪
Clarify that rental agreements shall state that nothing in the agreement may be considered a waiver
of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord. [6 O.C.
611.4-2(a)(5)].
Clarify that all landlords or their staff must keep a written log of the date and the work time
expended storing and/or removing personal property and/or removing debris left at the property
after the expiration of the timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)].
Remove language applying any section of this law to leases. [6 O.C. 611.5-3].
Clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and
Termination law based on contacts with an entity for law enforcement services, health services, or
safety services. [6 O.C. 611.4-(b)(1)(C)].
Provide that when the Nation is the landlord, and a property has become untenable due to damage
by fire, water or other casualty, or because of any condition hazardous to health, or if there is a
substantial violation of 611.5-3(a) materially affecting the health and safety of the tenant,
alternative housing shall be provided if it is reasonably available. [6 O.C. 611.5-3(c)(4)].
Expand protections provided to a child of a tenant to a child of the household when the landlord is
presented with documentation of any of the following:
• An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant;
• An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child
from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual
assault under Wis. Stat. 940.225, 948.02 and 948.025;
• A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6
O.C. 611.6-1(b), (c), (e), and (f)].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Landlord Tenant Law amendments complied with all processes and procedures required
by the LPA, including the development of a legislative analysis, a fiscal analysis, and the
opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,
109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Landlord Tenant Law on March 14, 2025. No individuals provided public comments during this
public meeting. The public comment period was then held open until March 21, 2025. One (1)
individual provided written comments during this public comment period.
The amendments to the Landlord Tenant Law will become effective immediately on June 25, 2025.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Draft 1
2025 06 18
LANDLORD TENANT
LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Legislation or
Amendments
Analysis by the Legislative Reference Office
▪ Expand the scope of the law to include all land owned by the Nation or
members of the Nation within the Reservation boundaries instead of only
to the Nation’s rental programs. [6 O.C. 611.1-1].
▪ Expand the Nation’s policy of providing a fair process to landlords and
tenants of the Nation’s rental programs to include all residents of the
Nation. [6 O.C. 611.1-2].
▪ Expand the definition of landlord to include any person or entity within the
Nation’s jurisdiction, instead of limiting it to the Nation acting in its
capacity as the landlord. [6 O.C. 611.3-1(b)].
▪ Redefine “rule” to grant rulemaking authority solely to the Comprehensive
Housing Division instead of jointly to the Land Commission and the
Comprehensive Housing Division. [6 O.C. 611.3-1(g)]. The Land
Commission’s rulemaking authorities are eliminated as follows:
• Naming programs and providing specific requirements and
regulations that apply to said programs. [6 O.C. 611.10-1]
• Disposition of personal property on Tribal land. [6 O.C. 611.52(c)].
• How and when rent shall be decreased due to untenability. [6
O.C. 611.5-3(c)(2)].
• Governing the selection of applicants for the issuance of rental
agreements. [current 6 O.C. 611.4-3].
▪ Remove rulemaking authority over applicant selection for the issuance of
rental agreements from both the Land Commission and the Comprehensive
Housing Division. [current 6 O.C. 611.4-3].
▪ Organize the law to flow from general to specific in accordance with the
Legislative Procedures Act. [1 O.C. 109.11-1(d)]. The Rental Program
section is limited to rental programs managed by the Comprehensive
Housing Division, these programs now occupy a subset of landlord tenant
relationships under the proposed amendments expanded scope of landlord
tenant relationships. [6 O.C. 611.1-1]. Therefore, the Rental Program
section is moved from the beginning of the law to the end. [current 6 O.C.
611.4]. [proposed 6 O.C. 611.10].
▪ Clarify that rental agreements shall state that nothing in the agreement may
be considered a waiver of the Nation’s sovereign immunity when the
Nation is acting in its capacity as a landlord. [6 O.C. 611.4-2(a)(5)].
▪ Clarify that all landlords or their staff must keep a written log of the date
and the work time expended storing and/or removing personal property
and/or removing debris left at the property after the expiration of the
timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)].
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▪
Purpose
Affected Entities
Related Legislation
Enforcement
Due Process
Public Meeting
Remove language applying any section of this law to leases. [6 O.C. 611.53].
▪ Clarify that a landlord may bring an action for eviction when it is authorized
by the Eviction and Termination law based on contacts with an entity for
law enforcement services, health services, or safety services. [6 O.C. 611.4(b)(1)(C)].
▪ Provide that when the Nation is the landlord, and a property has become
untenable due to damage by fire, water or other casualty, or because of any
condition hazardous to health, or if there is a substantial violation of 611.53(a) materially affecting the health and safety of the tenant, alternative
housing shall be provided if it is reasonably available. [6 O.C. 611.53(c)(4)].
▪ Expand protections provided to a child of a tenant to a child of the
household when the landlord is presented with documentation of any of the
following:
• An injunction order under Wis. Stat. 813.122 protecting a child from
a co-tenant;
• An injunction order or criminal complaint filed under Wis. Stat.
813.125(4) protecting a child from a co-tenant, based on the cotenant’s engaging in an act that would constitute sexual assault under
Wis. Stat. 940.225, 948.02 and 948.025;
• A criminal complaint filed under Wis. Stat. 940.32 alleging the cotenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)].
▪ Make other minor drafting changes throughout the Law.
The purpose of this law is to provide mechanisms for protecting the rights of the
landlords and tenants on all land owned by the Nation or members of the Nation
within the Reservation boundaries. [6 O.C. 611.1-1].
The Comprehensive Housing Division, Land Commission, Oneida Tribal members,
their spouses and occupants who rent and occupy premises under this law, and all
landlords leasing land from the Nation and their tenants.
Administrative Rulemaking law, Building Code, Leasing law, Eviction and
Termination law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Pardon
and Forgiveness law, Real Property law and Zoning and Shoreline Protection
Ordinance.
The Landlord-Tenant law delegates authority to the CHD to develop rules,
pursuant to the Administrative Rulemaking law, as well as citation fees and
penalty schedules, for the implementation, interpretation and/or enforcement of the
law. [6 O.C. 611.3-1(g)]. No administrative hearing body, including a board,
committee or commission, is authorized to hear a complaint regarding actions
taken under the law and/or rental agreement; [6 O.C. 611.9-2]. Where the Nation
is the landlord, any complaint filed with the judiciary shall name the
Comprehensive Housing Division and the specific program. [6 O.C. 611.9-3].
A pardon or forgiveness received pursuant to the Pardon and forgiveness law may
provide an exception to the condition that a rental program an applicant must have
no felony or drug convictions within the past two (2) years from the date of
application. [6 O.C. 611.10-2(b)]. The Oneida Judiciary is granted jurisdiction to
hear complaints filed under the law and/or a rental agreement. [6 O.C. 611.9-1].
A public meeting was held on March 14, 2025. The public comment period was
then held open until March 21, 2025.
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Fiscal Impact
A fiscal impact statement was provided by the Finance Department on June 2,
2025.
1
SECTION 2. LEGISLATIVE DEVELOPMENT
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A. Background. The Landlord Tenant law was originally adopted by the Oneida Business Committee by
motion on October 12, 2016, and then through resolutions BC-10-12-16-C, and BC-12-13-17-D. The
Landlord Tenant law provides mechanisms for protecting the rights of landlords and tenants on all lands
owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C. 611.1-1].
B. Request for Amendments. This item was added to the Active Files List on February 21, 2024, at the
request of the Oneida Law Office for the purpose of making the Landlord Tenant law generally
applicable to all landlords, not just the Nation as landlord, and assert the Nation’s jurisdiction within
the Reservation boundaries. The sponsor of the Landlord Tenant law amendments is Councilman Jonas
Hill.
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SECTION 3. CONSULTATION AND OUTREACH
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SECTION 4. PROCESS
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A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On February 21, 2024, the Legislative Operating Committee added this Law to its Active Files
List for amendments.
▪ On September 18, 2024, the Legislative Operating Committee approved the draft of the
Landlord Tenant law amendments and directed that a legislative analysis be developed.
▪ On February 5, 2025, the Legislative Operating Committee accepted the Landlord Tenant law
amendments Legislative Analysis and approved the public meeting packet for amendments to
the Landlord Tenant law.
▪
•
Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
▪ Comprehensive Housing Division (CHD);
▪ Oneida Law Office;
▪ Land Management; and
▪ General Manager.
The following laws of the Nation were reviewed in the drafting of this analysis:
▪ Eviction and Termination law;
▪ Real Property law;
▪ Leasing law;
▪ Administrative Rulemaking law;
▪ Pardon and Forgiveness law;
▪ Building Code;
▪ Zoning and Shoreline Protection Ordinance;
▪ Judiciary law; and
▪ Oneida Judiciary Rules of Civil Procedure.
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▪
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On March 14, 2025, the Legislative Operating Committee held a Public Comment Meeting. No
individuals provided oral comments during the public meeting.
▪ The public comment period was then held open until March 21, 2025. One (1) person provided
written comments.
▪ On May 7, 2025, the Legislative Operating Committee accepted the public comments and the
public comment review memorandum and deferred these items to a work meeting for further
consideration. The Legislative Operating Committee then reviewed and considered those
comments that same day.
▪ On May 21, 25, the Legislative Operating Committee approved the updated public comment
review memorandum, draft, and legislative analysis for the proposed amendments to the Landlord
Tenant law, and the fiscal impact statement request memorandum and forwarded the materials to
the Finance Department directing that fiscal impact statement be prepared and submitted to the
LOC by June 6, 2025.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ March 20, 2024: LOC work session;
▪ May 28, 2024: LOC work session with the Oneida Law office;
▪ July 11, 2024: LOC work session with the Oneida Law Office, Land Management, and the
Comprehensive Housing Division;
▪ August 1, 2024: LOC work session with the Oneida Law Office, Land Management,
Comprehensive Housing Division, and the General Manager;
▪ August 23, 2024: LOC work session;
▪ December 18, 2024: LOC work session.
▪ May 7, 2025: LOC work session.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Who the Law applies to. The proposed amendments to the Law expand its application to cover all land
owned by the Nation or its members instead of only to the Nation’s rental programs. [6 O.C. 611.1-1].
The Law currently only applies to the Nation’s rental programs. [6 O.C. 611.1-1].
▪ Effect. The proposed amendments to the Law apply the Law to all land owned by the Nation or its
members regardless of who the landlord is. This expands the Nation’s exercise of sovereignty
within Reservation boundaries.
B. Redefining landlord. The proposed amendments to the Law define landlord to mean any person or
entity within the Nation’s jurisdiction in their capacity to rent real property subject to a rental
agreement. [6 O.C. 611.3-1(b)]. Currently, the definition of landlord is limited to the Nation acting in
its capacity to rent real property subject to a rental agreement. [6 O.C. 611.3-1(b)].
▪ Effect. The proposed amendments to the Law will apply the Law to all landlord-tenant relationships
occurring on land owned by the Nation or its members regardless of whether the relationship is
based on one of the Nation’s rental programs. The reach of the Law is increased to cover all land
owned by the Nation or its members regardless of who the landlord is. This expands the Nation’s
exercise of sovereignty within the Reservation boundaries.
C. Compliance with the Eviction and Termination law. The proposed amendments to the Law align the
Landlord Tenant law with the Eviction and Termination law by clarifying that a landlord may take
action to evict or threaten to evict based on a tenant’s contacts with an entity for law enforcement
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services, health services or safety services as long as it is authorized by the Eviction and Termination
law. [6 O.C. 611.4-2(b)(1)(C)]. The Law currently renders void and unenforceable any rental
agreement that allows a landlord to increase rent, decrease services, evict or threaten to evict, or refuse
to renew a rental agreement based on tenant contacts with an entity for law enforcement services, health
services, or safety services. [6 O.C. 611.4-2(b)(1)(A), (B),(C), or (D)].
▪ Effect. A landlord may act to evict a tenant based on contacts with an entity for law enforcement
services, health services or safety services when it is authorized by the Eviction and Termination
law.
D. Alternate housing. The proposed amendments to the Law provide that when the Nation is the landlord,
and the property has become untenable due to damage by fire, water or other casualty, or because of
any condition hazardous to health, or if there is a substantial violation of 611.5-3(a) alternate housing
will be provided when it is reasonably available. [6 O.C. 611.5-3(c)(4)].
▪ Effect. When the Nation is the landlord, and a property has become untenable due to due to damage
by fire, water or other casualty, or because of any condition hazardous to health, or if there is a
substantial violation of 611.5-3(a), the Nation will provide the tenant with alternative housing if it
is reasonably available. [6 O.C. 611.5-3(c)(4)].
E. Protection of children in the household. The proposed amendments to the Law expand protections
provided to a child of a tenant, to a child of the household, when the landlord is presented with
documentation of any of the following:
▪ An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant;
▪ An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from
a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual assault under
Wis. Stat. 940.225, 948.02 and 948.025;
▪ A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6 O.C.
611.6-1(b), (c), (e), and (f)].
▪ Effect. The proposed amendments to the Law expand protections provided to children of a tenant
to all children of the household. Protections apply to any child living in the household regardless
of whether that child is a child of a tenant.
F. Eliminate the Land Commission’s rulemaking authority. The proposed amendments to the Law
remove the Land Commission from all rulemaking authority delegated via this Law. Specific removals
include naming programs and providing specific requirements and regulations that apply to said
programs; disposition of personal property on tribal land; determining how and when rent is decreased
due to untenability, and the selection of applicants for the issuance of rental agreements. [6 O.C. 6113(g); current 611.4-1; 611.5-2(c); 611.5-3; current 611.4-3]. Rulemaking authority over applicant
selection and the issuance of rental agreements is also removed from both the Land Commission and
the Comprehensive Housing Division. [current 6 O.C. 611.4-3].
▪ Effect. The Comprehensive Housing Division will have sole authority to develop rules pursuant to
this Law.
G. Eliminate all rulemaking authority over applicant selection and the issuance of rental agreements.
Rulemaking authority over applicant selection and the issuance of rental agreements is removed from
both the Land Commission and the Comprehensive Housing Division. [current 6 O.C. 611.4-3].
▪ Effect. Applicant selection will be determined by program criteria as applicable.
H. Other Amendments. Overall, a variety of other amendments and revisions were made to the Law to
address formatting, drafting style, and organization that did not affect the substance of the Law.
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SECTION 6. EXISTING LEGISLATION
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A. Related legislation. The following laws of the Nation are related to the proposed amendments to this
Law:
▪ Eviction and Termination Law. The purpose of the Eviction and Termination Law is to provide
consistent procedures for terminating contracts and evicting occupants under the Nation’s rental
and/or leasing programs that include due process and protects for all parties involved. [6 O.C.
610.1-1]. The law’s underlying policy is to “provide fair termination and eviction processes that
preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.” [6 O.C.
610.1-2].
▪ According to the Eviction and Termination law, the Nation, as the owner or landlord, may
terminate a contract prior to the contract term and evict the occupant, if the occupant:
▪ Violates the terms of the contract;
▪ Is alleged to have violated any applicable law or rule; and/or
▪ Is alleged to have committed one or more nuisance activities. [6 O.C. 610.5-1].
▪ The law defines nuisance as an occupant’s interference with another occupant’s use and
enjoyment of the premises, including, but not limited to, harassment, disorderly conduct,
battery, lewd and lascivious behavior, prostitution, theft, possession of stolen property,
arson, illegal drug activity, gambling, animal violations, trespassing, weapons violations,
habitual noise violations, execution of warrants, alcohol violations, obstruction/resisting
and inspection related calls in which a law enforcement agency responds. [6 O.C. 610.31(e)].
▪ Leasing Law. The purpose of the Leasing Law is to set forth the Nation’s authority to issue, review,
approve, as well as enforce, leases and was established in accordance with the Helping Expedite
and Advance Responsible Tribal Home Ownership Act of 2021 (HEARTH Act) so that the Nation
can approve leases on its land without having to obtain additional approval from the Secretary of the
Interior. [6 O.C. 602.1- 1]. The policy behind the law is to codify the expectations and
responsibilities of the lessor and lessee when leasing Tribal land and to ensure that the leasing of
Tribal land results in minimal risk to the Nation. [6 O.C. 602.1-2].
▪ According to the Leasing Law leases approved under the Law are subject to all of the
Nation’s laws, except to the extent those laws are inconsistent with applicable federal law.
[6 O.C. 602.4-3]. Any landlord leasing land from the Nation through the Leasing Law is
subject to all other laws of the Nation including the Eviction and Termination Law as well
as the Landlord Tenant Law.
▪ Judiciary Law. The purpose of the Judiciary law is to establish a Judiciary, and to provide for the
administration of law, justice, judicial procedures and practices by the Oneida Nation as a sovereign
nation by exercising the inherent power to make, execute, apply and enforce its own law, and to
apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.1-1].
▪ This Law provides that the Oneida Judiciary is granted jurisdiction to hear complaints filed
under the law and/or a rental agreement. [6 O.C. 611.9-1].
▪ Real Property law. The purpose of the Real Property law is to provide regulations and procedures
for the transfer, control and management of the territory within the Reservation and all Tribal land;
to integrate these regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish
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licensing and certification requirements for the Nation’s employees dealing with real property
transactions. [6 O.C. 601.1-1].
▪ According to the Real Property Law the Comprehensive Housing Division oversees all
residential transactions within the Reservation and shall administer such transactions using
the applicable laws of the Nation including the Landlord Tenant law. [6 O.C. 601.12-1].
Administrative Rulemaking. The purpose of the Administrative Rulemaking law is to provide a
process for the adoption of and amendments to the Nation’s administrative rules. [1 O.C. 106.1-1].
Its underlying policy is to ensure there exists an efficient, effective and democratic process for
enacting and revising administrative rules, and that authorized agencies act in a responsible and
consistent manner when enacting and revising administrative rules. [1 O.C. 106.1-2].
▪ This Law delegates rulemaking authority solely to the Comprehensive Housing Division.
▪ Any rules promulgated by the Comprehensive Housing Division are required to be
developed in accordance with the process and procedures of the Administrative
Rulemaking law.
Pardon and Forgiveness law. The purpose of the Law is to provide a fair, efficient and formal
process by which: a member of the Nation may receive a pardon for the conviction of a crime; a
member of the Nation may receive forgiveness for acts that render him or her ineligible for housing
or other benefits through the Nation; and a member or non-member of the Nation may receive
forgiveness for acts that render him or her ineligible to be employed with the Nation; receive a
Nation-issued occupational license, certification or permit; and/or obtain housing or other benefits
through the Nation [1 O.C. 126.1-1(a)].
▪ This Law provides that in order to be eligible for a rental program an applicant must have
no felony or drug convictions within the past two (2) years from the date of application,
provided that a pardon or forgiveness received pursuant to the Pardon and forgiveness law
may provide an exception to this condition. [6 O.C. 611.10-2(b)].
SECTION 7. ENFORCEMENT AND ACCOUNTABILITY
A. The Landlord Tenant law delegates authority to the Comprehensive Housing Division to develop rules,
pursuant to the Administrative Rulemaking law, as well as citation fees and penalty schedules, for the
implementation, interpretation and/or enforcement of the law. [6 O.C. 611.3-1(g)].
B. The Landlord Tenant law provides a process for grieving decisions made by the Comprehensive
Housing Division under its delegation of authority, said process is as follows: [6 O.C. 611.9].
▪ That, the Oneida Judiciary is granted jurisdiction to hear complaints filed for actions taken under
the law and/or rental agreement; [6 O.C. 611.9-1].
▪ That, no administrative hearing body, including a board, committee or commission, is authorized
to hear a complaint regarding actions taken under the law and/or rental agreement; [6 O.C. 611.92].
▪ Where the Nation is the landlord, any complaint filed with the judiciary shall name the
Comprehensive Housing Division and the specific program. [6 O.C. 611.9-3].
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SECTION 8. OTHER CONSIDERATIONS
Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A
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titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides
further clarification on who the Legislative Operating Committee may direct complete a fiscal impact
statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact
statement.
▪ Conclusion. The Legislative Operating Committee received a fiscal impact statement from the
Finance Department on June 2, 2025.
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Title 6. Property and Land- Chapter 611
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth – issues
LANDLORD-TENANT
611.1.
611.2.
611.3.
611.4.
611.45.
611.56.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Programs
Rental Agreement Documents
Rights and Duties of Landlords and Tenants
611.67.
611.78.
611.89.
611.910.
611.10
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
Comprehensive Housing Division Rental Programs
611.1.
Purpose and Policy
611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of
the landlords and tenants on all land owned by the Nation or Tribal members within the
Reservation boundariesof the Nation’s rental programs.
611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants of
the Nation’s rental programs that preserves the peace, harmony, safety, health, and general welfare
ofand the Nation’s residentsresources.
611.2.
Adoption, Amendment, Repeal
611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C and thereafter amended by resolutions BC-12-13-17-D and BC- - - - .
611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
611.2-3. 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.
611.2-4. 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.
611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
611.3.
Definitions
611.3-1. This section shall govern the definitions of words and phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” ias the division within the Oneida Nation under
the direction of the Comprehensive Housing Division Director which consists of all
residential services offered by the Nation, including but not limited to, all rental programs,
the rent-to-own program, and the residential sales and mortgages programs.
(b) “Landlord” means any person or entity within the Nation’s jurisdiction in theirits
capacity to rent real property subject to a rental agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
6 O.C. 611 – Page 1
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(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less, provided that the term may be longer than one (1) year in circumstances
where the contract is on a rent-to-own basis.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566.,
and any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted jointly by the Land Commission and by the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law, provided that where such
requirements relate solely to premises administered pursuant to federal funding, the
Comprehensive Housing Division has sole authority.
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i) “Tribal member” means an individual who is an enrolled member of the Nation.
(j) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
611.4.
Rental Programs
611.4-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants and the Oneida Land Commission and the Comprehensive Housing Division shall
jointly establish rules naming said programs and providing the specific requirements and
regulations that apply to each program:
(a) Elder tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.4-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental
agreement, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
6 O.C. 611 – Page 2
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611.4-3. Tenant Selection. The Land Commission and the Comprehensive Housing Division
shall jointly develop rules governing the selection of applicants for the issuance of rental
agreements.
611.45.
Rental Agreement Documents
611.45-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement are
severable. If any provision of a rental agreement is void or unenforceable by reason of any law,
rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect
other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
611.45-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for the
ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises, if
applicable;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) If the Nation is the landlord, sState that nothing in the agreement may be
considered a waiver of the Nation’s sovereign immunity, provided that tenants may
seek enforcement of a rental agreement or dispute an action taken pursuant to a
rental agreement with the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
(C) Bring an action for eviction unless authorized by pursuant to the
Eviction and Termination law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regards to domestic abuse,
authorizes the eviction or exclusion of a tenant from the premises other than through
the process described in the Eviction and Termination law.
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(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.56-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not affect
ordinary maintenance obligations of a tenant under 611.56-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a fit
and habitable condition or to maintain the premises during the tenant’s tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means when
a tenant uses/occupies a premises without an effective and valid rental agreement
by paying rent on a periodic basis including, but not limited to, day-to-day, weekto-week and month-to-month.
611.45-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
611.56.
Rights and Duties of Landlords and Tenants
611.56-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
611.56-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in theirhis or her sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days and
the tenant may retrieve said personal property by contacting the landlord.
(b) The landlord shall keep a written log of the date and the work time that the
Nation’slandlord or the landlord’s staff expends storing and/or removing personal property
and/or removing/disposing of debris left at the property after the expiration of the
timeframe provided in the order to vacate.
(c) The Land Commission and the Comprehensive Housing Division shall jointly create
rules further governing the disposition of personal property on Tribal land.
611.56-3. Repairs; Untenability. This section applies to all leasesrental agreements if there is no
contrary provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
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(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
(D) Except as provided in section 611.56-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided
in 611.56-3(a)(1), provided that the landlord may require the responsible tenant to
pay for such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 611.56-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises in
a safe and healthy condition, provided that where an infestation has occurred due
to the acts or inaction of the tenant the pest control costs may be assessed against
the tenant.
(b) Duties of the Tenant.
(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 611.56-3(a) materially affecting the health or safety of the tenant, the
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tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 611.56-3(a) materially
affecting the health or safety of the tenant.
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
The Land Commission and the Comprehensive Housing Division shall jointly
develop rules governing how and when rent is decreased pursuant to this section.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(4) If the Nation is the landlord, alternative housing shall be provided to the extent
that it is reasonably available.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences his or her their occupancy of the premises that the tenant may use
to make comments, if any, about the condition of the premises. The landlord shall
provide the tenant with seven (7) days from the date the tenant commences his or her
their occupancy to complete the check-in sheet and return it to the landlord. The landlord
is not required to provide the check-in sheet to a tenant upon renewal of a rental
agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare check
may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity or
other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been disconnected.
(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
611.67.
Domestic Abuse Protections
611.67-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
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(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the householdtenant
from a co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
householdtenant from a co-tenant, based on the co-tenant’s engaging in an act that would
constitute sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under
Wis. Stat. 940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child
of the householdtenant under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
householdtenant under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.
968.075.
611.67-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain
on the premises for the longer of either the duration of the rental agreement or ninety (90) days
from the date the rental agreement is modified. If the latter applies, in addition to removing the
co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend
its duration.
611.67-3. The Eviction and Termination law provides tenants that are victims of domestic abuse
with a defense to eviction should the abusers actions be the cause for eviction.
611.78.
Sex Offender Registry
611.78-1. Should a tenant request information about whether any other tenants are required to
register as a sex offender, the landlord shall provide the tenant with written notice that they he or
she may obtain information about the sex offender registry and persons registered within the
registry by contacting the department of corrections. The landlord shall include in such notice the
appropriate telephone number and internet site of the department of corrections.
611.89.
Termination of Tenancy at Death of Tenant
611.89-1. If a tenant dies, his or hertheir tenancy is terminated as follows:
(a) If the deceased tenant was the only household member listed in the rental agreement,
immediately upon the death of the tenant;
(b) If there were additional adult household members aside from the deceased tenant listed
in the household within the rental agreement, then the later of the following, provided that
an adult household member remaining in the unit shall assume the tenancy responsibilities
under the rental agreement:
(1) Six (6) months after the landlord receives notice, is advised, or otherwise
becomes aware of the tenant’s death, provided that any extension beyond the
original term of the agreement requires an amendment or limited term rental
agreement which covers the term of the extension; or
(2) The expiration of the term of the rental agreement.
611.89-2. The deceased tenant or his or hertheir estate is not liable for any rent after the
termination of his or hertheir tenancy. A landlord may not contact or communicate with a member
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of the deceased tenant’s family for the purpose of obtaining from the family member rent for which
the family member has no liability except that if adult household members remain in the rental
unit following the deceased tenant’s death in accordance with section 611.89-1 or 611.89-4, an
adult household member shall assume the tenancy responsibilities pursuant to the rental agreement.
611.89-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises
from any obligation under a rental agreement or any other liability to the landlord.
611.89-4. Where the Nation is the landlord, and iIf the deceased tenant is a Tribal member whose
death renders a co-tenant no longer eligible for a rental agreement based on Tribal member status,
the non-Tribal member tenant may remain in the premises as follows:
(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section
611.89-1(b) above.
(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member
tenant may remain in the premises for a maximum of six (6) months from the date of the
Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a
Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so long
as the non-Tribal member tenant either:
(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or
both of the original tenants who is a Tribal member, eighteen years or older, and
agrees to live in the premises; or
(2) Signs an agreement indicating that the premises and the rent-to-own agreement
shall be transferred to a minor Tribal member child when the child is eighteen (18)
years old.
(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance
postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.
(d) In the event the non-Tribal member tenant either has no children living in the premises
that are Tribal members or declines to the enter the agreement transferring the rent-to-own
agreement to a Tribal member child, the rent-to-own agreement shall be terminated upon
the tenant’s ineligibility to remain in the rent-to-own program and a limited term rental
agreement shall be executed.
611.9-5. 611.8-5. Where a landlord is terminating a rental agreement entered on a rent-to-own
basis based on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant
all equity the tenants may have accrued in accordance with the rental agreement.
611.910. Landlord or Tenant Actions
611.910-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or a rental agreement.
611.910-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
611.910-3. Where the Nation is the landlord any complaint filed with the judiciary The landlord is
the Comprehensive Housing Division in regards to taking actions authorized under this law and
complaints filed with the Oneida Judiciary shall name the Comprehensive Housing Division and
the specific program.
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611.10.
Comprehensive Housing Division Rental Programs
611.10-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants. The Comprehensive Housing Division shall establish rules naming said programs
and providing the specific requirements and regulations that apply to each program:
(a) Elder Tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.10-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental agreement
with CHD, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
End.
Adopted – BC-10-12-16-C
Emergency Amended – BC-01-25-17-C
Emergency Extension – BC-07-26-17-I
Amended—BC-12-13-17-D
Amended ⎯BC- - - -
6 O.C. 611 – Page 9
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Title 6. Property and Land- Chapter 611
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth – issues
LANDLORD-TENANT
611.1.
611.2.
611.3.
611.4.
611.5.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Agreement Documents
Rights and Duties of Landlords and Tenants
611.6.
611.7.
611.8.
611.9.
611.10
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
Comprehensive Housing Division Rental Programs
611.1.
Purpose and Policy
611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of
the landlords and tenants on all land owned by the Nation or Tribal members within the
Reservation boundaries.
611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants
that preserves the peace, harmony, safety, health, and general welfare of the Nation’s residents.
611.2.
Adoption, Amendment, Repeal
611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C and thereafter amended by resolutions BC-12-13-17-D and BC- - - .
611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
611.2-3. 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.
611.2-4. 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.
611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
611.3.
Definitions
611.3-1. This section shall govern the definitions of words and phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” is the division within the Oneida Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs.
(b) “Landlord” means any person or entity within the Nation’s jurisdiction in their capacity
to rent real property subject to a rental agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
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(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less, provided that the term may be longer than one (1) year in circumstances
where the contract is on a rent-to-own basis.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566.,
and any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted by the Comprehensive Housing Division in accordance with the Administrative
Rulemaking law based on authority delegated in this law in order to implement, interpret
and/or enforce this law
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i) “Tribal member” means an individual who is an enrolled member of the Nation.
(j) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
611.4.
Rental Agreement Documents
611.4-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement are
severable. If any provision of a rental agreement is void or unenforceable by reason of any law,
rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect
other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
611.4-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for the
ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises, if
applicable;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) If the Nation is the landlord, state that nothing in the agreement may be
considered a waiver of the Nation’s sovereign immunity, provided that tenants may
seek enforcement of a rental agreement or dispute an action taken pursuant to a
rental agreement with the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
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(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
(C) Bring an action for eviction unless authorized by the Eviction and
Termination law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regard to domestic abuse, authorizes
the eviction or exclusion of a tenant from the premises other than through the
process described in the Eviction and Termination law.
(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed by
a tenant under a rental agreement or other written agreement between the landlord
and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not affect
ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a fit
and habitable condition or to maintain the premises during the tenant’s tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means when
a tenant uses/occupies a premises without an effective and valid rental agreement
by paying rent on a periodic basis including, but not limited to, day-to-day, weekto-week and month-to-month.
611.4-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
611.5.
Rights and Duties of Landlords and Tenants
611.5-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
611.5-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in their sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days and
the tenant may retrieve said personal property by contacting the landlord.
6 O.C. 611 – Page 3
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(b) The landlord shall keep a written log of the date and the work time that the landlord or
the landlord’s staff expends storing and/or removing personal property and/or
removing/disposing of debris left at the property after the expiration of the timeframe
provided in the order to vacate.
(c) The Comprehensive Housing Division shall create rules further governing the
disposition of personal property on Tribal land.
611.5-3. Repairs; Untenability. This section applies to all rental agreements if there is no contrary
provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
(D) Except as provided in section 611.5-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided in 611.53(a)(1), provided that the landlord may require the responsible tenant to pay for
such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 611.5-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises in
a safe and healthy condition, provided that where an infestation has occurred due
to the acts or inaction of the tenant the pest control costs may be assessed against
the tenant.
(b) Duties of the Tenant.
6 O.C. 611 – Page 4
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(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 611.5-3(a) materially affecting the health or safety of the tenant, the
tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 611.5-3(a) materially affecting
the health or safety of the tenant.
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(4) If the Nation is the landlord, alternative housing shall be provided to the extent
that it is reasonably available.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences their occupancy of the premises that the tenant may use to make
comments, if any, about the condition of the premises. The landlord shall provide the
tenant with seven (7) days from the date the tenant commences their occupancy to
complete the check-in sheet and return it to the landlord. The landlord is not required to
provide the check-in sheet to a tenant upon renewal of a rental agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare check
may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity or
other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been disconnected.
6 O.C. 611 – Page 5
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(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
611.6.
Domestic Abuse Protections
611.6-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the household from
a co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
household from a co-tenant, based on the co-tenant’s engaging in an act that would
constitute sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under
Wis. Stat. 940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child
of the household under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
household under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.
968.075.
611.6-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain
on the premises for the longer of either the duration of the rental agreement or ninety (90) days
from the date the rental agreement is modified. If the latter applies, in addition to removing the
co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend
its duration.
611.6-3. The Eviction and Termination law provides tenants that are victims of domestic abuse
with a defense to eviction should the abusers actions be the cause for eviction.
611.7.
Sex Offender Registry
611.7-1. Should a tenant request information about whether any other tenants are required to
register as a sex offender, the landlord shall provide the tenant with written notice that they may
obtain information about the sex offender registry and persons registered within the registry by
contacting the department of corrections. The landlord shall include in such notice the appropriate
telephone number and internet site of the department of corrections.
611.8.
Termination of Tenancy at Death of Tenant
611.8-1. If a tenant dies, their tenancy is terminated as follows:
(a) If the deceased tenant was the only household member listed in the rental agreement,
immediately upon the death of the tenant;
6 O.C. 611 – Page 6
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(b) If there were additional adult household members aside from the deceased tenant listed
in the household within the rental agreement, then the later of the following, provided that
an adult household member remaining in the unit shall assume the tenancy responsibilities
under the rental agreement:
(1) Six (6) months after the landlord receives notice, is advised, or otherwise
becomes aware of the tenant’s death, provided that any extension beyond the
original term of the agreement requires an amendment or limited term rental
agreement which covers the term of the extension; or
(2) The expiration of the term of the rental agreement.
611.8-2. The deceased tenant or their estate is not liable for any rent after the termination of their
tenancy. A landlord may not contact or communicate with a member of the deceased tenant’s
family for the purpose of obtaining from the family member rent for which the family member has
no liability except that if adult household members remain in the rental unit following the deceased
tenant’s death in accordance with section 611.8-1 or 611.8-4, an adult household member shall
assume the tenancy responsibilities pursuant to the rental agreement.
611.8-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises
from any obligation under a rental agreement or any other liability to the landlord.
611.8-4. Where the Nation is the landlord, and if the deceased tenant is a Tribal member whose
death renders a co-tenant no longer eligible for a rental agreement based on Tribal member status,
the non-Tribal member tenant may remain in the premises as follows:
(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section
611.8-1(b) above.
(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member
tenant may remain in the premises for a maximum of six (6) months from the date of the
Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a
Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so long
as the non-Tribal member tenant either:
(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or
both of the original tenants who is a Tribal member, eighteen years or older, and
agrees to live in the premises; or
(2) Signs an agreement indicating that the premises and the rent-to-own agreement
shall be transferred to a minor Tribal member child when the child is eighteen (18)
years old.
(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance
postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.
(d) In the event the non-Tribal member tenant either has no children living in the premises
that are Tribal members or declines to the enter the agreement transferring the rent-to-own
agreement to a Tribal member child, the rent-to-own agreement shall be terminated upon
the tenant’s ineligibility to remain in the rent-to-own program and a limited term rental
agreement shall be executed.
611.8-5. Where a landlord is terminating a rental agreement entered on a rent-to-own basis
based on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant all
equity the tenants may have accrued in accordance with the rental agreement.
6 O.C. 611 – Page 7
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611.9.
Landlord or Tenant Actions
611.9-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or a rental agreement.
611.9-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
611.9-3. Where the Nation is the landlord, any complaint filed with the judiciary shall name the
Comprehensive Housing Division and the specific program.
611.10.
Comprehensive Housing Division Rental Programs
611.10-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants. The Comprehensive Housing Division shall establish rules naming said programs
and providing the specific requirements and regulations that apply to each program:
(a) Elder Tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.10-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental agreement
with CHD, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
End.
Adopted – BC-10-12-16-C
Emergency Amended – BC-01-25-17-C
Emergency Extension – BC-07-26-17-I
Amended—BC-12-13-17-D
Amended⎯BC- - - -
6 O.C. 611 – Page 8
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FINANCE ADMINISTRATION GDDDDD=
Fiscal Impact Statement ONEIDA
"'
MEMORANDUM
TO:
Oneida Business Committee
FROM:
RaLinda Ninham-Lamberies, Chief Financial Officer
DATE:
June 2, 2025
RE:
Fiscal Impact Statement of the Proposed Amendments to the Landlord Tenant Law
I.
Estimated Fiscal Impact Summary
Law: Amendments to the Landlord Tenant Law
The Comprehensive Housing Division
Implementing Agency
Oneida Judiciary
Estimated time to comply
10 days
Estimated Impact
Current Fiscal Year
Total Estimated Fiscal Impact
$0
I Draft 1
10 Year Estimate
$0
II.
Background
This Law was adopted by the Oneida Business Committee by motion on October 12, 2016, and then
through resolutions BC-10-12-16-C, and BC-12-13-17-D .
The purpose of this Law is to provide mechanisms for protecting the rights of the landlords and tenants
on all land owned by the Nation or members of the Nation within the Reservation boundaries. The
amendments to the legislation include the following:
Expand the laws applicability to Include all land owned by the Nation or members of the Nation
within the Reservation boundaries.
Expand the processes to apply to those listed above.
Eliminate the Land Commission’s rulemaking authority.
Assure compliance with the Eviction and Termination Law.
Make provisions for alternate housing when reasonable if property has become untenable.
Expand child protections.
1
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III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects
associated with legislation and includes startup costs, personnel, office, documentation costs, as well as
an estimate of the amount of time necessary for an agency to comply with the Law after
implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the
legislation.
The analysis was completed based on the information provided as of the date of this memo.
IV.
Findings
There are no start-up costs, no increases in personnel are needed, and no increases in office or
documentation costs.
V.
Financial Impact
There is no fiscal impact of implementing this legislation.
VI.
Recommendation
Finance does not make a recommendation about a course of action in this matter. Rather, the purpose
of a fiscal impact statement is to disclose the potential fiscal impact of the action so that the Oneida
Business Committee and General Tribal Council has the information with which to render a decision.
2
A good mind. A good heart. A strong fire.
~
ONEIDA
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~
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
Legislative Operating Committee
June 18, 2025
Election Law Emergency Amendments
Submission Date: 2/19/25
LOC Sponsor: Jonas Hill
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on February 19, 2025. Amendments to the
Election law are being sought to address how referendums are handled by the Nation.
On May 13, 2025, the LOC received a request from Shannon Davis, GAO Recording Clerk, on behalf of
the Oneida Election Board to consider emergency amendments to the Election law to lower the number of
Election Board members required to sign the election totals from six (6) to three (3) members due to the
lack of available Oneida Election Board members and alternates, especially in the Milwaukee polling site.
On May 21. 2025, the Legislative Operating Committee decided to pursue these emergency amendments
to the Election law.
2/19/25 LOC: Motion by Marlon Skenandore to add the Election law amendments to the Active Files List
with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.
4/16/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Fawn Billie. The
purpose of this work meeting was to decide on what topics will be included on the June 4,
2025, LOC Community Meeting. The LOC decided to cover the Election Law Amendments,
Ten Day Notice Policy Amendments, and Renewable Energy Law.
5/1/25:
E-Poll Conducted. This e-poll was titled, Approval of the Sanctions and Penalties Law Public
Meeting Packet and Summer LOC Community Meeting Notice. The requested action of this
e-poll was to approve the public meeting packet for the Sanctions and Penalties law and
forward the Sanctions and Penalties law to a public meeting to be held on June 13, 2025; and
approve the Summer LOC Community Meeting Notice and schedule a community meeting to
be held on June 4, 2025. This e-poll was approved by Jennifer Webster, Marlon Skenandore,
Jonas Hill, and Kirby Metoxen.
5/7/25 LOC:
Motion by Jennifer Webster to enter into the record the results of the May 1, 2025, e-poll
entitled, Approval of the Sanctions and Penalties Law Public Meeting Packet and Summer
LOC Community Meeting Notice; seconded by Marlon Skenandore. Motion carried
unanimously.
5/21/25 LOC: Motion by Jennifer Webster to approve the request to process emergency amendments to the
Election Law, noting Election Law Amendments are already on the Active Files List;
seconded by Jonas Hill. Motion carried unanimously.
Next Steps:
Approve the Election Law Emergency Adoption Packet and forward to the Oneida Business
Committee for consideration.
Page 1 of 1
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41 of 150
Oneida Nation
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Jameson Wilson, LOC Chairman
June 18, 2025
Adoption of Emergency Amendments to the Election Law for the 2025 Special
Election
Please find the following attached backup documentation for your consideration of an emergency
amendments to the Election law:
1. Resolution: Emergency Amendments to the Election Law for the 2025 Special Election
2. Statement of Effect: Emergency Amendment to the Election Law for the 2025 Special
Election
3. Election law Emergency Amendments Legislative Analysis
4. Election law Emergency Amendments Draft (Redline)
5. Election law Emergency Amendments (Clean)
Overview
Emergency amendments to the Election law are being sought for the 2025 Special Election. On
May 13, 2025, the Legislative Operating Committee received a request from the Oneida Election
Board to consider emergency amendments to the Election law to ensure the 2025 Special Election
can be conducted in an efficient and lawful manner. The Election law governs the procedures for
the conduct of orderly elections of the Nation, including pre-election activities such as caucuses
and nominations. [1 O.C. 102.1-1]. The emergency amendments to the Election law will reduce
the number of Election Board members required to sign the election totals from six (6) to three
(3). [1 O.C. 102.10-2].
The Oneida Business Committee can temporarily enact legislation when legislation is necessary
for the immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting
are not required for emergency legislation. [1 O.C. 109.9-5(a)].
The emergency amendments to the Election law are necessary for the preservation of the general
welfare of the Reservation population to ensure that the 2025 Special Election can occur in an
efficient and lawful manner. The 2025 Special l Election is scheduled for July 12, 2025. The
number of Election Board members required to sign the election totals is being reduced from six
(6) to three (3) due to the Election Board’s concern that there will not be enough Election Board
members to meet the original requirement for six (6) members. The Election Board has provided
that they have not been able to secure an adequate number of alternate positions for the 2025
Special Election.
Page 1 of 2
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Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendments to the Election law would be contrary to public interest and the
process and requirements of the Legislative Procedures Act cannot be completed in time to allow
the proposed emergency amendments to be adopted and implemented prior to the July 12, 2025
Special Election.
The adoption of the emergency amendments to the Election law will take effect immediately upon
adoption by the Oneida Business Committee. The emergency amendments to the Election law will
remain effective for six (6) months. The Legislative Procedures Act provides the possibility to
extend the emergency amendment for an additional six (6) months, or until the emergency
amendment expires or is permanently adopted. [1 O.C. 109.9-5(b)].
Requested Action
Adopt the Resolution: Emergency Amendments to the Election Law for the 2025 Special Election
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Emergency Amendments to the Election Law for the 2025 Special Election
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993
for the purpose of governing the procedures for the conduct of orderly elections of the
Nation, and was most recently amended by the General Tribal Council through resolution
GTC-04-23-17-A; and
WHEREAS,
the Oneida Election Board has requested emergency amendments to the Election law to
ensure the 2025 Special Election can be conducted in an efficient and lawful manner; and
WHEREAS,
the 2025 Special Election is scheduled for July 12, 2025; and
WHEREAS,
section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members
sign the election totals of machine counted ballots, which shall include the tape signed by
the members of the Nation before the polls were opened per section 102.9-3(a); and
WHEREAS,
the proposed emergency amendments to the Law will reduce the number of Election Board
members required to sign the election totals from six (6) to three (3); and
WHEREAS,
reducing the number of Election Board members required to sign the election totals
addresses the Election Board’s concerns that they will not have enough Oneida Election
Board members or alternates to meet the requirement of section 102.10-2 of the Law; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and
WHEREAS,
the emergency adoption of the amendments to the Law are necessary for the preservation
of the general welfare of the Reservation population to ensure that the 2025 Special
Election can occur in an efficient and lawful manner in accordance with the requirements
of the Election law; and
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BC Resolution _____________
Emergency Amendments to the Election Law for the 2025 Special Election
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WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
amendments would be contrary to public interest and the process and requirements of the
Legislative Procedures Act cannot be completed in time to allow the proposed
amendments to be adopted and implemented prior to the July 12, 2025 Special Election;
and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendment to the Election Law effective immediately.
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Oneida Nation
~
Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
Statement of Effect
Emergency Amendments to the Election Law for the 2025 Special Election
Summary
This resolution adopts emergency amendments to the Election law ensure the 2025 Special
Election can be conducted in an efficient and lawful manner.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: June 18, 2025
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Election law. The Election law governs the
procedures for the conduct of orderly elections of the Nation, including pre-election activities such
as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendments to the Election law
will:
Reduce the number of Election Board members required to sign the election totals from six
(6) to three (3). [1 O.C. 102.10-2].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety, or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].
The 2025 Special Election is scheduled for July 12, 2025. The Oneida Election Board requested
emergency amendments to the Election law to ensure that the 2025 Special Election can be
conducted in an efficient and lawful manner.
Section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members sign the
election totals of machine counted ballots, which shall include the tape signed by the members of
the Nation before the polls were opened per section 102.9-3(a). The reduction of the number of
Election Board members required to sign the election totals from six (6) to three (3) was made due
to the Election Board’s concern that there will not be enough eligible Election Board members or
alternates to meet the original requirement for six (6) members.
The resolution provides that the emergency amendment to the Election law is necessary for the
preservation of the general welfare of the Reservation population to ensure that the 2025 Special
Election can occur in an efficient and lawful manner in accordance with the requirements of the
Election law. Additionally, observance of the requirements under the LPA for the adoption of the
amendment to the Election law would be contrary to public interest and the process and
Page 1 of 2
A good mind. A good heart. A strong fire.
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requirements of the Legislative Procedures Act cannot be completed in time to allow the proposed
amendments to be adopted and implemented prior to the July 12, 2025, Special Election.
The adoption of the emergency amendment to the Election law will take effect immediately upon
adoption by the Oneida Business Committee. The emergency amendment to the Election law will
remain effective for six (6) months. The LPA provides the possibility to extend the emergency
amendment for an additional six (6) months, or until the emergency amendment expires or is
permanently adopted. [1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
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Analysis to Emergency Draft 1
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ELECTION LAW EMERGENCY AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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Analysis by the Legislative Reference Office
Reduce the number of Election Board members required to sign the election
totals of machine counted ballots from six (6) to three (3) members. [1 O.C.
102.10-2].
To govern the procedures for the conduct of orderly elections of the Nation,
including pre-election activities such as caucuses and nominations. [1 O.C.
102.1-1]
Oneida Nation Election Board.
A public meeting is not required for emergency legislation. [1 O.C. 109.81(b) and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation. [1 O.C.
109.9-5(a)].
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the
General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly
elections of the Nation. [1 O.C. 102.1-1].
B. Request for Emergency Amendments. On May 13, 2025, the Legislative Operating Committee
received a request from the Oneida Election Board to consider emergency amendments to the Election
law to ensure the 2025 Special Election can be conducted in an efficient and lawful manner.
The Nation’s 2025 Special Election is scheduled for July 12, 2025.
Section 102.10-2 of the Election Law requires that at least six (6) Election Board members sign the
election totals on machine counted ballots. The Oneida Election Board provided that they do not
have enough Oneida Election Board members or alternates to meet the requirement of section
102.10-2. The Oneida Election Board therefore made the request to amend the Election law on an
emergency basis to reduce the number of Oneida Election Board members who are required to sign
the election totals on machine counted ballots from six (6) to three (3).
The Legislative Operating Committee determined these amendments should be pursued on an
emergency basis for the immediate preservation of the general welfare of the Reservation
population.
SECTION 3. CONSULTATION AND OUTREACH
Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Election Board.
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SECTION 6. EXISTING LEGISLATION
B. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency legislation where legislation is necessary for the immediate
preservation of public health, safety, or general welfare of the Reservation population and enactment
or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].
The emergency adoption of amendments to this Law are necessary for the preservation of the
general welfare of the Reservation population in order to ensure that the 2025 Special Election can
occur in an efficient and lawful manner.
Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest and the process and
requirements of the Legislative Procedures Act cannot be completed in time to allow the proposed
emergency amendments to be adopted and implemented prior to the July 12, 2025, Special Election.
C. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].
D. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of this Law.
E. The Election law was already on the Active Files List for comprehensive amendments to be developed,
but on May 21, 2025, the Legislative Operating Committee acknowledged that they would pursue these
emergency amendments.
A. Election Board Members Signature on Machine Counted Ballots. The proposed amendments lower
the number of Oneida Election Board members that are required sign the election totals for machine
counted ballots, which includes the tape signed by the members of the Nation before the polls were
opened, from six (6) to three (3). [1 O.C. 102.10-2].
Effect. This emergency amendment was made to the Law based on the Election Board’s concern
that there will not be enough Election Board members to meet the original requirement of section
102.10-2 for six (6) members to sign the election totals. The Election Board has provided that they
currently do not have enough eligible members or alternates to meet this requirement.
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
of laws of the Nation which includes taking into account comments from members of the
Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
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enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of these proposed emergency amendments would conform with the
requirements of the Legislative Procedures Act.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law
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expires six (6) months after adoption. The emergency legislation may be renewed for an additional six
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Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
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this Law within the next six (6) to twelve (12) months.
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation [1 O.C. 109.6-1].
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Title 1. Government and Finances - Chapter 102
ELECTION
On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
102.1.
102.2.
102.3.
102.4.
102.5.
102.6.
102.7.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Election Board
Candidate Eligibility
Selection of Candidates
Notice of Polling Places
102.8. Registration of Voters
102.9. Election Process
102.10. Tabulating and Securing Ballots
102.11. Election Outcome and Ties
102.12. Elections
102.13. Oneida Nation Constitution and By-law Amendments
102.1. Purpose and Policy
102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of
orderly elections of the Nation, including pre-election activities such as caucuses and nominations.
Because of the desire for orderly and easily understood elections, there has not been an allowance
made for write-in candidates on ballots.
102.1-2. This law defines the duties and responsibilities of the Election Board members and other
persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all
procedures used in the election process.
102.2. Adoption, Amendment, Repeal
102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and
amended on an emergency basis by resolution BC-__-__-__-__.
102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
102.2-3. 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.
102.2-4. 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.
102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
102.3. Definitions
102.3-1. 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.
102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on
the Election Board during an election and until election results have been certified.
102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for
acceptance on a ballot.
102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding
holidays of the Nation.
102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to
support or reject a particular candidate of the Nation including, without limitation, advertising,
rallying, public speaking, or other communications with members of the Nation.
1 O.C. 102 – page 1
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102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is
placed on the ballot by the Election Board after successful application.
102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose
of determining voter eligibility.
102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.
102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political
or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,
member of any board, committee or commission, or their immediate relatives, friends or
associates, or any other person with whom they have contact, that conflicts with any right of the
Nation to property, information, or any other right to own and operate its enterprises, free from
undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in
any law or policy of the Nation.
102.3-10. “Election” shall mean every primary and election.
102.3-11. “General election” shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Business Committee and may include contests for elected boards, committees and commissions
positions.
102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of
the Nation.
102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the
winner of an elected position, in the case of a tie between two (2) or more candidates.
102.3-15. “Nation” means the Oneida Nation.
102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a
police officer on any police force.
102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential
dwelling or a privately owned business within the boundaries of the Reservation.
102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill
Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida
Community Health Center, the SEOTS building and all One-Stop locations.
102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)
years of age or older.
102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating
machine.
102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred
and is not tabulated.
102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.
102.4. Election Board
1 O.C. 102 – page 2
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Section A. Establishment, Composition and Election
102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this
law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be
elected to terms of three (3) years, not to exceed two (2) consecutive terms.
102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an
Election Board member in any pre-election, election day, or post-election activities while he or
she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest.
102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member
who is removed from the Election Board shall be ineligible to serve on the Board for three (3)
years from the time he or she is removed from the Election Board.
102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the
Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed
to correspond with the pre-election activities and the needs of the Election Board.
102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.
102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to
the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.
102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in
the By-laws of the Election Board, to preside over the meetings. This selection shall be carried
out at the first meeting of the Election Board following an election. The Chairperson shall then
ask the Election Board to select a Vice-Chairperson and Secretary.
Section B. Duties of the Election Board
102.4-9. The Election Board shall have the following duties, along with other responsibilities listed
throughout this law.
(a) The Election Board shall be in charge of all registration and election procedures; and
(b) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. Specific Duties of Officers and Election Board Members
102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to
being present at all Election Board meetings and assisting the handicapped through the voting
process, are as set out herein:
(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing
body for applicants found to be ineligible in accordance with 102.5-6 in the event of an
appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust
Enrollment Department personnel when their election day duties are complete; and shall
post and report election results.
(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.
(c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s
Secretary, other Election Board members and the public as required in the Open Records
and Open Meetings Law.
(d) Clerks: Shall implement the requirements of identifying and registering all voters and
determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment
1 O.C. 102 – page 3
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Department personnel in the registration process, and assist the Chairperson as directed in
conducting the election. Clerks cannot be currently employed by the Trust Enrollment
Department.
(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as
determined by this law. Shall assist the Chairperson in conducting the election.
(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted
under this law. In case of disputes among Election Board members, or between members
of the Nation and Election Board members, or any controversy regarding voter eligibility,
the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall
also ensure that all ballots of voters whose eligibility may be in question, remain
confidential.
Section D. Compensation Rates
102.4-11. Election Board members are to be compensated at an hourly rate when conducting
elections as provided for in the Election Board’s bylaws as approved by the Business Committee.
The Election Board shall have a budget, approved through the Nation’s budgeting process.
102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be
compensated at their regular rate of pay out of their respective budgets.
102.5. Candidate Eligibility
Section A. Requirements
102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section
in order to become a candidate.
102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:
(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.
(b) be a qualified voter on the day of the election.
(c) provide proof of physical residency as required for the position for which they have
been nominated or for which they have petitioned. Proof of residency may be through one
(1) or more of the following:
(1) a valid Wisconsin driver’s license;
(2) a bill or pay check stub showing name and physical address of the candidate
from the prior or current month;
(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
102.5-3. 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.
102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be
filed by presenting the information to the Nation’s Secretary, or designated agent, during normal
business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus.
No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted.
102.5-5. The names of the candidates and the positions sought shall be a public record and made
available to the public upon the determination of eligibility by the Election Board or the Board’s
1 O.C. 102 – page 4
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designated agent.
Section B. Eligibility Review
102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.
At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall
select the hearing body. The hearing shall be held within two (2) business days of receipt of the
appeal. The applicant shall be notified by phone of time and place of the hearing. The decision
of the hearing body shall be sent via certified mail or hand delivery within two (2) business days
of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the
Judiciary on an accelerated schedule.
102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to
verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position
shall be notified by certified mail return receipt requested. The notice shall provide the following
information:
(a) Position for which they were considered
(b) Qualification of the position and citation of the source. (Copies of source may be
attached.)
(c) A brief summary explaining why the applicant was found to be ineligible.
(d) That the applicant has two (2) business days from notification to make an appeal.
Appeals must be filed at the location designated on the notice by hand delivery. The
location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or
other delivery method will be accepted.
Section C. Campaign Financing
102.5-8. Contributions:
(a) Solicitation of Contributions by Candidates.
(1) Candidates shall only accept contributions from individuals who are members
of the Nation or individuals related by blood or marriage to the candidate.
Candidates may not accept contributions from any business, whether sole
proprietorship, partnership, corporation, or other business entity.
(2) Candidates shall not solicit or accept contributions in any office or
business/facility of the Nation.
(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
102.5-9. Campaign Signs and Campaigning:
(a) Placement of campaign signs:
(1) Campaign signs shall not be posted or erected on any property of the Nation
except for private property with the owner/tenant’s permission.
(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum
of seven (7) such signs may be placed on a building or on a lot.
(3) No campaign sign shall project beyond the property line into the public right
of way.
(b) Removal of campaign signs. All campaign signs shall be removed within five (5)
business days after an election.
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(c) Employees of the Nation shall not engage in campaigning for offices of the Nation
during work hours. The Nation’s employees shall be subject to disciplinary action under
the personnel policies and procedures for political campaigning during work hours.
(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign
signs that are not in compliance with this law, in accordance with the Zoning and Shoreland
Protection Law.
(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
Section D. Candidate Withdrawal
102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by
the candidate prior to submission of the ballot for printing to any Election Board member,
excluding alternates.
102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the
election by submitting in writing a statement indicating they are withdrawing from the election
prior to the opening of the polls to any Election Board member, excluding alternates. This
statement shall be posted alongside any sample ballot printed prior to the election in the newspaper
or any posting at the polling places.
102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the
Election Board members in charge of the polling place, to be removed from the ballot. The written
statement shall be posted next to any posted sample ballot.
102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from
which they have withdrawn regardless of the number of votes cast for that candidate. A written
statement shall be considered the only necessary evidence of withdrawal and acceptance of denial
of any position withdrawn from.
102.5-14. Candidate Withdrawal After Winning an Election.
(a) In the event a candidate declines an office after winning an election, the Election Board
shall declare the next highest vote recipient the winner. This procedure shall be repeated
as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
2.6. Selection of Candidates
Section A. Setting of Caucus
102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.
The caucus for the general election shall be held at least ninety (90) calendar days prior to the
election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior
to the election date. In a general election year, caucuses shall be combined so that candidates for
the Business Committee and elected boards, committees and commissions are nominated at the
same caucus.
102.6-2. The procedures for the caucus shall be as follows:
(a) Candidates shall be nominated from the floor.
(b) Candidates present at the caucus will accept/decline their nomination at the caucus.
Candidates nominated at the caucus, but not present to accept the nomination, shall be
required to follow the petition process.
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(c) Nominations shall consist of the following positions: Chairperson, Vice-Chairperson,
Treasurer, Secretary, Council Member and other elected positions as required by by-laws
or creating documents of a board, committee, or commission.
Section B. Petition
102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the
following procedures:
(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s
original signatures; photocopies shall not be accepted.
(b) Petitioners shall use an official petition form as designated by this law which may
be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus.
(c) The petition form shall consist of each endorsee’s:
(1) printed name and address;
(2) date of birth;
(3) Oneida Nation Enrollment Number; and
(4) signature.
(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as
defined under this law.
(e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during
normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to
close of business five (5) business days after the caucus. The location to drop-off
petitions shall be identified in the mailing identifying the caucus date.
(f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson
the next business day following the close of petition submissions.
(g) The Election Board shall have the Trust Enrollment Department verify all
signatures contained on the petition.
102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a
judicial court or commission, shall not run for more than one (1) elective office or seat per election.
102.7. Notice of Polling Places
102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of
the polling places and the time the polls will be open. This notice shall also be posted in an easily
visible position, close to the entrance of the Nation’s businesses/facilities.
102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the
election, and shall remain posted until the poll closes on the day of the election.
102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation
members, stating the time and place of the election and a sample of the ballot, no less than ten (10)
calendar days prior to the election, through a mass mailing. The Trust Enrollment Department
shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior
to the requested mailing.
102.7-4. Notice of the election shall be placed in the Nation’s newspaper.
102.8. Registration of Voters
Section A. Requirements
102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years
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of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the
Oneida Nation Constitution.
Section B. Identification of Voters
102.8-2. All voters must present one of the following picture identifications in order to be able to
vote:
(a) Oneida Nation I.D.
(b) Drivers License.
(c) Other I.D. with name and photo.
Section C. Registration Procedures
102.8-3. Voters shall physically register, on the day of the election, at the polls.
102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment
with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election
Officials during the voting period.
102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration
Form containing the voter’s following information:
(a) name and maiden name (if any);
(b) current address;
(c) date of birth; and
(d) enrollment number.
Section D. Qualification/Verification of Voter Eligibility
102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,
the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with
the Trust Enrollment Department personnel who are registering voters, to decide the voting
member’s eligibility currently being questioned and shall make such decisions from the facts
available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation
Constitution, Article III Section 2, to vote in the Nation’s elections.
102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be
placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of
the voter shall be written next to a numbered list which corresponds to the numbered and sealed
envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box
413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they
desire to challenge the decision made by the Election Officials. The Election Board shall make a
final decision, within five (5) business days of receiving the appeal and shall report this decision
in the final report sent to the Oneida Business Committee.
102.9. Election Process
Section A. Polling Places and Times
102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections
shall be held in the month of July on a date set by the General Tribal Council. The General Tribal
Council shall set the election date at the January annual meeting, or at the first GTC meeting held
during a given year. Special Elections shall be set in accordance with 102.12-6.
102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election
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Board.
102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line
to vote at 7:00 p.m. shall be allowed to vote.
(a) If a ballot counting machine is used, the ballot counting machine shall be prepared
prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four
(4) members of the Nation verify, through signature on the tape, the ballot box is empty
and the ballot counting machine printer tape has a zero (0) total count.
102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,
and until the counting of ballots is completed, and tentative results posted.
102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such
that there is an area with at least two sides and a back enclosure.
102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of
the voting area, excluding private property.
102.9-7. No one causing a disturbance shall be allowed in the voting area.
102.9
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