Oneida Business Committee (2026)
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Oneida Nation
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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
Business Committee Conference Room - 2nd Floor Norbert Hill Center
February 18, 2026
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. February 4, 2026 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Eviction and Termination Law Amendments (pg. 4)
IV.
New Submissions
1. Oneida General Welfare Law Amendments (pg. 24)
2. General Tribal Council Meeting Stipend Payment Policy Amendments (pg. 32)
3. Pardon and Forgiveness Law Amendments (pg. 36)
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
GDDDOO
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
February 4, 2026
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill
Unexcused: Marlon Skenandore
Others Present: Grace Elliott, Carolyn Salutz, Cathy Metoxen, Nancy Barton
Others Present on Microsoft Teams: Justin Nishimoto, Joshua Cornelius, Debra Powless, David
Jordan, Rhiannon Metoxen, Sarah White, Rite Reiter, Lorna Skenandore, Clorissa Leeman, Shad
Webster, Kaylynn Beily, Jason Martinez, Tary Webster, Isaiah Skenandore, Tina Jorgensen,
Ralinda Ninham-Lamberies, Trina Schuyler, Fawn Billie, Kristal Hill, Tavia James-Charles,
Lauren Hartman, Fawn Cottrell, Peggy Helm-Quest, Melissa Alvarado, Joel Maxam, Katsitsiyo
Danforth.
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the February 4, 2026, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda with one addition – item V.1. Legislative
Operating Committee Fiscal year 2026 First Quarter Report; seconded by Kirby Metoxen.
Motion carried unanimously.
II.
Minutes to be Approved
1. January 21, 2026 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the January 21, 2026, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.
III.
Current Business
1. Elder Protection Law
Motion by Jennifer Webster to approve the draft of the Elder Protection law with noted
changes and direct that a legislative analysis be completed; seconded by Kirby Metoxen.
Motion carried unanimously.
2. Uniform Commercial Code
Motion by Jennifer Webster to approve the draft of the Uniform Commercial Code and
direct that a legislative analysis be completed; seconded by Kirby Metoxen. Motion carried
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of February 4, 2026
Page 1 of 2
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unanimously.
3. Petition: G. Powless-Buenrostro – Accountability Measure Options for BC and
BCC’s #2025-04
Motion by Jennifer Webster to accept the statement of effect status update memorandum
for the Petition: G. Powless-Buenrostro – Accountability Measure Options for BC and
BCC’s #2025-04; seconded by Kirby Metoxen. Motion carried unanimously.
4. Petition: G. Powless-Buenrostro – Amend the Administrative Rule Making Law
#2025-05
Motion by Jennifer Webster to accept the statement of effect status update memorandum
for the Petition: G. Powless-Buenrostro – Amend the Administrative Rule Making Law
#2025-05; seconded by Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
V.
Additions
1. Legislative Operating Committee Fiscal Year 2026 First Quarter Report
Motion by Kirby Metoxen to approve the Legislative Operating Committee Fiscal Year
2026 First Quarter Report and forward to the Oneida Business Committee; seconded by
Jennifer Webster.
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:54 a.m.; seconded by Kirby Metoxen. Motion
carried unanimously.
Legislative Operating Committee Meeting Minutes of February 4, 2026
Page 2 of 2
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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
February 18, 2026
Eviction and Termination Law
Amendments
Submission Date: 7/6/22
LOC Sponsor: Jonas Hill & Marlon
Skenandore
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was carried over from last term. Amendments to the Eviction and Termination
law are being sought for a comprehensive review to run concurrent with the development of amendments
to the Real Property law. On February 25, 2024, the General Tribal Council adopted a motion to deny the
acceptance of the memorandum regarding the Eviction & Termination law update and to defer the
Eviction & Termination law back to the LOC to remove the wording “alleged” or “allegations” in the
law and to bring back to the 2024 Semi-Annual GTC meeting.
10/4/23 LOC: Motion by Jennifer Webster to add the Eviction and Termination Law Amendments to the
Active Files List with Jonas Hill and Marlon Skenandore as the sponsors; seconded by Jonas
Hill. Motion carried unanimously.
11/13/23:
Work Meeting. Present: Grace Elliott, Krystal John, Lisa Rauschenbach, Nicole Rommel,
Mark Powless, Scott Denny, Michelle Hill, Clorissa Leeman. The purpose of this meeting was
to renew discussion on amendments to the Eviction and Termination Law. The entire work
group requested that the matter be removed from the active files list as no amendments are
recommended at this time.
1/3/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.
The purpose of this work meeting was to share background information on the Eviction and
Termination Law.
1/8/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Clorissa Leeman,
Krystal John, Kristal Hill, Maureen Perkins, Fawn Cottrell, Grace Elliott, and via Teams:
Jennifer Webster, Fawn Billie, Carolyn Salutz. The purpose of this meeting was to review the
Eviction and Termination law and to discuss its recent applications particularly in light of
currently evolving legal standards.
1/29/24:
E-Poll Conducted. This e-poll was titled, Approval of the March 6, 2024 LOC Community
Meeting Notice. The requested action of this e-poll was to Approve the Legislative Operating
Committee community meeting notice and schedule the community meeting to take place on
March 6, 2024. This e-poll was unanimously approved by Jennifer Webster, Marlon
Skenandore, Jonas Hill, Jameson Wilson, and Kirby Metoxen.
2/7/24 LOC:
Motion by Jennifer Webster to enter into the record the results of the January 29, 2024, e-poll
titled, Approval of the March 6, 2024 LOC Community Meeting Notice; seconded by Jonas
Hill. Motion carried unanimously.
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2/25/24 GTC: Motion by Nancy Barton that a report be brought back under the Oneida Comprehensive
Housing Department regarding the General Welfare Assistance determination of counting it
as yearly income for elders and low-income housing residents with the legal review from
Department of Treasury mortgage relief program, a COVID program. Motion ruled out of
order by Chairman Tehassi Hill; the motion is not in on topic.
Motion by Gina Powless-Buenrostro to deny the acceptance of the memorandum regarding
the Eviction & Termination law update and to defer the Eviction & Termination law back to
the Legislative Operating Committee to remove the wording “alleged” or “allegations” in the
law and to bring back to the 2024 semiannual meeting. Seconded by Shawn Skenandore.
Motion carried by show of hands.
Amendment #1 to the main motion by Lori Elm to include that nobody loses their
home without an agreement if they are not the ones being charged and furthermore
that if Comprehensive Housing resells the home, the homes will be sold at the
appraised value and that if any other homes were sold this way prior, that the money
goes back to Comprehensive Housing to pay down the debt and the excess goes back
to the home owner. Motion ruled out of order by Chairman Tehassi Hill; there is a
Rule process in place for the motion and General Tribal Council cannot take action
on past items.
3/1/24:
Work Meeting: Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Carolyn Salutz, Clorissa
Leeman, Grace Elliott, Kristal Hill, Fawn Cottrell, Michelle Hill, Brandon YellowbirdStevens, Scott Denny, Krystal John. The purpose of this meeting was to prepare for the
upcoming community meeting.
3/6/24:
Work Meeting. Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon Skenandore, Jennifer
Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The
purpose of this work session was for the LOC to review the PowerPoint presentation for the
March 6, 2024, community meeting for the Oneida Personnel Policies and Procedures
Amendments, Sanctions and Penalties Law, and the Eviction and Termination law
amendments.
3/6/24:
Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Marlon Skenadore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Francine Valentino, Melanie Burkhart, Gina Buenrostro, Peggy Helm-Quest,
Michelle Sawyer, Nadine Escamea, Bonnie Pigman, Olivia Pigman, Julie Denny, Michelle
Hill, Vicky Matson, Greg Matson, Julie Behnke, Lynn Metoxen, Jake Doxtator, Kay Keshena,
Connie Vandehei, Jen Falck, Lillian Wheelock, Dale Wheelock, Stephanie Smith, Patricia
Hoeft, Scott Denny, Dana McLester, Wendy Alvarez, Dana Thyssen, Todd Vanden Heuvel,
Larry Barton, Merissa Bloedorn, Lois Stevens, Mark Powless, Linda Dallas, Jake, Peggy Van
Gheem, Mary Loeffler, Matthew J. Denny, Nancy Barton, Brittany Kulow, Mary Adams,
Cathy Metoxen, William Gollnick. The Legislative Operating Committee held a community
meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the Oneida
Personnel Policies and Procedures Amendments, the Sanctions and Penalties law, and the
Eviction and Termination law amendments. The purpose of this community meeting was for
the LOC to listen to community feedback.
3/20/24
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Maureen Perkins, Fawn Cottrell, Clorissa Leeman, Grace Elliott. The purpose of this meeting
was to discuss proposed amendments to the Eviction and Termination law.
4/2/24:
Community Work Session: Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas
Hill, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Brandon Yellowbird Stevens, Lori Elm, Scott Denny, Michelle Hill, Krystal John,
Lawrence Barton, Janice Decorah, Karen Knutson, Fred Muscavitch, Debra Powless, Marie
Cornelius, Justin Nishimoto, Katherine Jordan, Kelly McAndrews, Lisa Rauschenbach, Lori
A good mind. A good heart. A strong fire.
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Hill, Mark W. Powless, Michelle Braaten, Nicole Rommel, Stephanie Smith, Todd Vanden
Heuvel, Debra Santiago, Kristen Jorgenson-Dann, Joel Maxam, Michelle Tipple, Sidney
White, Derrick King. The LOC held a community work session regarding the Eviction and
Termination law in the Norbert Hill Center’s Business Committee conference room and on
Microsoft Teams. The purpose of the community work session was to read through the law
line-by-line and collect comments, questions, or suggestions for the language included in the
law.
4/16/24
Work Meeting: Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Maureen Perkins, Fawn
Cottrell, Clorissa Leeman, Grace Elliott, Scott Denny, Krystal John, Mark Powless, Danielle
White, Lisa Rauschenbach. The purpose of this meeting was to review proposed amendments
to the Eviction and Termination law.
4/23/24:
Work Meeting. Present: Clorissa Leeman, Grace Elliott. The purpose of this work meeting
was to discuss the deadline for the February 25, 2024, General Tribal Council directive to
“deny the acceptance of the memorandum regarding the Eviction & Termination law update
and to defer the Eviction & Termination law back to the LOC to remove the wording “alleged”
or “allegations” in the law and to bring back to the 2024 semiannual meeting.”
Work Meeting. Present: Clorissa Leeman, Jameson Wilson, Marlon Skenandore, Jonas Hill.
The purpose of this work meeting was to discuss the upcoming deadline for the February 25,
2024, General Tribal Council directive to “deny the acceptance of the memorandum regarding
the Eviction & Termination law update and to defer the Eviction & Termination law back to
the LOC to remove the wording “alleged” or “allegations” in the law and to bring back to the
2024 semiannual meeting” and determine our next steps for moving forward.
4/25/24:
Work Meeting. Present: Clorissa Leeman, Jameson Wilson, Kirby Metoxen, Jennifer Webster,
Jonas Hill, Marlon Skenandore, Mark Powless, Michelle Hill, Lisa Rauschenbach, Scott
Denny, Danielle White, Grace Elliott, Carolyn Salutz, Maureen Perkins, Fawn Cottrell. The
purpose of this work meeting was to review the beginning draft of the memorandum to the
GTC, and discuss what other materials would be needed to be submitted for this item, and a
strategy for moving forward.
4/29/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon
Skenandore, Clorissa Leeman, Fawn Cottrell, Scott Denny, Michelle Hill, Danielle White,
Maureen Perkins, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose of this work meeting
was to review the updated memorandum to GTC and the PowerPoint presentation.
5/1/24 LOC:
Motion by Jonas Hill to approve the memorandum entitled, Follow up on February 25, 2024,
GTC Directive for Amendments to the Eviction and Termination Law, and corresponding
materials and forward to the Oneida Business Committee; seconded by Marlon Skenandore.
Motion carried unanimously.
Motion by Jennifer Webster to approve the LOC community meeting notice and schedule the
community meeting to take place on June 19, 2024.; seconded by Marlon Skenandore. Motion
carried unanimously.
6/10/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Mark Powless, Scott Denny, Fawn Billie, Fawn Cottrell. The purpose of
this work meeting was to plan and discuss the June 19th LOC community meeting regarding
the Eviction and Termination law.
6/19/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Billie, Fawn Cottrell, Maureen Perkins, Carolyn Salutz, Grace Elliott.
The purpose of this work meeting was to review the presentation for the June 19th LOC
community meeting regarding the Eviction and Termination law.
~
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Maureen Perkins,
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Rauschenbach, Scott Denny, Michelle Hill, Krystal John. The purpose of this work meeting
was to practice both presentations for the June 19th LOC community meeting regarding the
Eviction and Termination law and discuss logistics of this community meeting.
Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins,
Mark Powless, Lisa Rauschenbach, Scott Denny, Bonnie Pigman, Stephanie Smith, Karen
Knutsen, Paulette Leecling, and others. The Legislative Operating Committee held a
community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the
Eviction and Termination law amendments in collaboration with the Comprehensive Housing
Division.
7/1/2024 GTC: Motion by Shawn Skenandore to accept item VII.A. [VII.A Accept update regarding the
Eviction and Termination law] and VII.B. as information. Seconded by Marie Cornelius.
Motion carried by show of hands.
7/8/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon
Skenandore, Jonas Hill, Clorissa Leeman, Kristal Hill, Fawn Cottrell. The purpose of this
work meeting was to review a draft of Eviction and Termination law amendments and
determine next steps moving forward.
7/31/25:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Clorissa
Leeman, Mark Powless, Krystal John, Eric Boulanger, Lisa Rauschenbach, Scott Denny,
Fawn Cottrell, Fawn Billie, Grace Elliott, Carolyn Salutz. The purpose of this meeting was to
begin review and discussions of the amended law, but based on request of Attorney Krystal
John, the meeting was canceled and rescheduled to provide more time for the areas to digest
the proposed amendments.
8/15/25:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Jennifer Webster,
Clorissa Leeman, Mark Powless, Krystal John, Joel Maxam, Lisa Rauschenbach, Scott Denny,
Michelle Hill, Derrick Denny. The purpose of this work meeting was to begin the discussion
and review of the proposed amendments to the law.
8/25/25:
Work Meeting. Present: Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon
Skenandore, Jonas Hill, Clorissa Leeman, Mark Powless, Kelly McAndrews, Krystal John,
Eric Boulanger, Joel Maxam, Lisa Rauschenbach, Scott Denny, Michelle Hill, Jenny Garcia,
Nicole Rommel, Sheila Huntington, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Rhiannon
Metoxen, Fawn Billie, Kristal Hill. The purpose of this work meeting was to continue the
discussion and review of the proposed amendments to the law.
9/3/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster,
Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Fawn Billie,
Rhiannon Metoxen. The purpose of this work meeting was to review the comments and
suggestions collected during prior work meetings and make decisions on what amendments
to pursue.
10/16/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen Jennifer Webster, Clorissa Leeman,
Grace Elliott, Carolyn Salutz, Fawn Cottrell, Rhiannon Metoxen. The purpose of this work
meeting was to review the updated draft of proposed amendments to the Law.
11/5/25 LOC: Motion by Jonas Hill to approve the draft of the proposed amendments to the Eviction and
Termination law; seconded by Kirby Metoxen. Motion carried unanimously.
Next Steps:
Approve the legislative analysis of the proposed amendments to the Eviction and Termination
law.
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GDCJOOO
A good mind. A good heart. A strong fire.
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Analysis to Draft 1
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EVICTION AND TERMINATION LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Analysis by the Legislative Reference Office
Add or revise the definition for Comprehensive Housing Division, law
enforcement agency, occupant, owner, periodic tenancy, rental value, and
stay of eviction. [6 O.C. 610.3-1];
Revise the delegation of administrative rulemaking authority provided
under this Law for the Nation’s residential, agricultural, and business
contracts. [6 O.C. 610.3-1, 610.11-4(b)];
Remove the terms “alleged” and “allegations” throughout the Law. [6
O.C. 610.5-1, 610.5-2];
Revise how notice of an early contract termination or eviction is provided
to individuals and corporations or partnerships. [6 O.C. 610.6-3, 610.64];
Provide that an occupant shall have a right to cure for a failure to pay rent,
but is not guaranteed that right to cure for subsequent violations. [6 O.C.
610.7-3, 610.7-4];
Clarify an occupant’s right to cure for instances of waste or contract
breach by providing steps for remedying this type of breach, and also
providing that the right to cure is not guaranteed for subsequent
violations. [6 O.C. 610.8-3, 610.8-4];
Clarify what types of offenses qualify as a violation of law or rule or
nuisance activity. [6 O.C. 610.9-1];
Revise who is allowed to notice an owner of a violation of law or rule or
nuisance activity. [6 O.C. 610.9-2];
Clarify that an owner is not required to provide an occupant an
opportunity to cure for a violation of an applicable law or rule or nuisance
act. [6 O.C. 610.9-3];
Clarify and expand when an individual may contest a contract
termination. [6 O.C.610.10];
Revise how an occupant’s failure to vacate following the notice of
eviction or a contract expiration is handled by an owner. [6 O.C.610.11];
Expand he amount of time allowed for an owner to return a security
deposit to an occupant from thirty (30) days to sixty (60) days. [6
O.C.610.12-5];
Make other drafting changes and broad organizational changes.
The purpose of this law is to provide consistent procedures for terminating a
contract and/or evicting an occupant which affords the occupant due process
and protects all parties involved. [6 O.C. 610.1-1].
Oneida Judiciary, Comprehensive Housing Division, Land Management,
Oneida Police Department, applicable landlords, tenants, lessors, lessees
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
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Analysis to Draft 1
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Eviction and Termination law (“the Law”) was adopted by the Oneida Business
Committee on October 12, 2016, through the adoption of resolution BC-10-12-16-A. The Law provides
consistent procedures for terminating a contract and/or evicting an occupant which affords the occupant
due process and protects all parties involved. [6 O.C. 610.1-1]. It is the Nation’s policy 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].
B. Request for Amendments. The Legislative Operating Committee added the Eviction and Termination
law amendments to the Active Files List on July 6, 2022, for the purpose of a comprehensive review
for potential amendments to the law to occur to run concurrent with the development of amendments
to the Real Property law.
C. Petition: L. Elm – Real Property Law Eviction and Termination. The development of amendments
to the Eviction and Termination law is closely related to the General Tribal Council’s response and
action to the Petition: L. Elm – Real Property Law Eviction and Termination (“Petition”).
On April 7, 2021, the Petition was submitted to the Government Administrative Office by Lori Elm
and was verified by the Oneida Trust Enrollment Department. The purpose of this Petition is for a
“General Tribal Council (GTC) meeting be held by virtual or in-person, regarding the Real
Property Law, concerning Eviction and termination including residential leases. With our current
pandemic of addiction in the community, the stipulation of vacating your home in five (5) days,
from the time of the incident is or should be considered and Unconstitutional, furthermore we need
a due process to protect the heads of household leases), from losing their homes, an include
procedures in the case they do. Including timeframes for them to sell their homes; implementation
of a chart of penalties, (Drugs and type, Violence, Sexual abuse or assault, human trafficking and
all unlawful activities) including intent of eviction Notice with timelines, from the date of the
incident as well as date of Notice and including Due Process; Request an advocated board be
created between Oneida Land Commission, Oneida Police Commission, with representatives from
Behavior Health, and Comprehensive Housing Division Area; Request if the head of household is
not the occupant in violation, a compliance agreement be done with them, outline, behavior or
property for a period of time, before termination (eviction) of lessee is implemented; also
requesting occupant of violation must be removed from residence and if a successful treatment plan
and stability review is approved by advocate board, they may be able to enter into their own lease
or reside back at residence; Evaluation of how one can be held responsible of activities: address
on citation, activity at residence, accusations and/or any other ways; Timeline(s) for getting
another lease and how; The reasoning for this petition is to protect families from their loved one’s
addiction, and so they do not lose their home after all the other family suffering, they already, have
consumed over the addiction.”
On April 14, 2021, the Oneida Business Committee acknowledged receipt of the Petition and
directed the Law, Finance, and Legislative Reference Offices to complete, respectively, the legal
review, fiscal impact statement and statement of effect.
On April 21, 2022, the Legislative Operating Committee added the Petition: L. Elm – Real Property
Law Eviction and Termination to the Active Files List.
On June 2, 2021, the Legislative Operating Committee accepted the statement of effect for the
Petition and forward the statement of effect to the Oneida Business Committee.
The Oneida Business Committee approved the statement of effect on June 9, 2021.
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On January 16, 2023, the General Tribal Council considered the Petition and adopted a motion to
accept the petition as information and to ask the Business Committee to review the Eviction &
Termination Law and to bring back a report back to General Tribal Council to the 2023 semi-annual
meeting.
On May 18, 2023, the Legislative Operating Committee approved the Review of the Eviction and
Termination Law Memorandum and forwarded this legislative item to the Oneida Business
Committee for consideration. This memorandum reviewed the various provisions contained in the
Eviction and Termination law and concluded that the Eviction and Termination law very clearly
provides when a lease or rental agreement may be terminated and the occupant may be evicted,
how notice of the eviction is provided to the occupant, and what occurs if an occupant fails to vacate
the property. The Eviction and Termination law provides for the protection of due process rights
of the occupant, while also protecting the Nation’s rights to preserves the peace, harmony, safety,
health, general welfare, and the Nation’s resources.
On May 24, 2023, the Oneida Business Committee accepted as information the memorandum
entitled Review of the Eviction and Termination Law.
The review of the Eviction and Termination law was not addressed at the July 24, 2023, SemiAnnual GTC meeting, and instead was forwarded to the 2024 Annual General Tribal Council
meeting.
At the February 25, 2024, Annual General Tribal Council meeting the Legislative Operating
Committee provided the memorandum entitled, Review of the Eviction and Termination Law.
In response to the memorandum from the LOC, on February 25, 2024, the General Tribal Council
adopted a motion to deny the acceptance of the memorandum regarding the Eviction & Termination
law update and to defer the Eviction & Termination law back to the Legislative Operating
Committee to remove the wording “alleged” or “allegations” in the law and to bring back to the
2024 Semi-Annual GTC meeting.
On May 1, 2024, the Legislative Operating Committee approved the memorandum entitled, Follow
up on February 25, 2024, GTC Directive for Amendments to the Eviction and Termination Law,
and corresponding materials and forward to the Oneida Business Committee. This memorandum
outlined the Legislative Operating Committee’s plan on how amendments to the Eviction and
Termination law would be developed to remove the words alleged and allegations. The LOC was
not able to bring forward an amended Eviction and Termination law to the 2024 Semi-Annual GTC
meeting as the directive from GTC did not provide an adequate amount of time for the LOC to
comply with the requirements of the Legislative Procedures Act.
On July 1, 2024, the General Tribal Council accepted item VII.A. [VII.A Accept update regarding
the Eviction and Termination law] and VII.B. as information.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Budget and Finances law and this legislative analysis:
Comprehensive Housing Division;
Land Management;
Oneida Police Department;
Oneida Law Office; and
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Analysis to Draft 1
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CEO of Nation Services.
B. The following laws were reviewed in the drafting of this analysis:
Administrative Rulemaking law;
Legislative Procedures Act;
Leasing law;
Landlord Tenant law;
Oneida Judiciary law;
Oneida Judiciary Rules of Civil Procedure;
Oneida Judiciary Rules of Evidence;
Rules of Appellate Procedure; and
Public Peace law.
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SECTION 4. PROCESS
A. The development of the proposed amendments to Eviction and Termination law complies with the
process set forth in the Legislative Procedures Act (LPA).
On July 6, 2022, the Legislative Operating Committee added the Eviction and Termination law to
its Active Files List.
On October 10, 2023, the Legislative Operating Committee added the Eviction and Termination
law to its Active Files List.
On January 29, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval
of the March 6, 2024 LOC Community Meeting Notice. The requested action of this e-poll was to
Approve the Legislative Operating Committee community meeting notice and schedule the
community meeting to take place on March 6, 2024. This e-poll was unanimously approved by
Jennifer Webster, Marlon Skenandore, Jonas Hill, Jameson Wilson, and Kirby Metoxen.
On February 7, 2024, the Legislative Operating Committee entered into the record the results of
the March, 6, 2024, e-poll.
On May 1, 2024, the Legislative Operating Committee approved the memorandum entitled,
Follow up on February 25, 2024, GTC Directive for Amendments to the Eviction and Termination
Law, and corresponding materials and forward to the Oneida Business Committee. The Legislative
Operating Committee also approved the LOC community meeting notice and scheduled the
community meeting to take place on June 19, 2024.
On July 1, 2024, the General Tribal Council accepted item VII.A. [VII.A Accept update regarding
the Eviction and Termination law] and VII.B. as information.
On November 5, 2025, the Legislative Operating Committee approved the draft of the proposed
amendments to the Eviction and Termination law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Eviction and Termination law:
July 15, 2022: LOC work session with the Comprehensive Housing Division, Land Management,
Oneida Law Office, and the Oneida Land Commission.
August 30, 2022: LOC work session with the Comprehensive Housing Division, Land
Management, Oneida Law Office, and the Oneida Police Department.
September 7, 2022: LOC work session.
September 21, 2022: LOC work session.
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November 13, 2023: LOC work session with the Comprehensive Housing Division, Land
Management, Oneida Law Office, and the CEO of Nation Services.
January 3, 2024: LOC work session.
January 8, 2024: LOC work session with Oneida Law Office.
March 1, 2024: LOC work session with the Comprehensive Housing Division, Oneida Law Office,
and Oneida Business Committee Vice-Chairman.
March 6, 2024: LOC work session.
March 20, 2024: LOC work session
April 16, 2024: LOC work session with the Comprehensive Housing Division, Oneida Law Office,
and the CEO of Nation Services.
April 23, 2024: LOC work session.
April 25, 2024: LOC work session with the Comprehensive Housing Division and the CEO of
Nation Services.
April 29, 2024: LOC work session with the Comprehensive Housing Division.
June 10, 2024: LOC work session with the Comprehensive Housing Division and the CEO of
Nation Services.
June 19, 2024: LOC work session.
June 19, 2024: LOC work session with the Comprehensive Housing Division, Oneida Law Office,
and the CEO of Nation Services.
July 8, 2025: LOC work session.
July 31, 2025: LOC work session with the Comprehensive Housing Division, Oneida Law Office,
Oneida Police Department, and the CEO of Nation Services.
August 15, 2025: LOC work session with the Comprehensive Housing Division, Oneida Law
Office, Oneida Police Department, and the CEO of Nation Services.
August 25, 2025: LOC work session with the Comprehensive Housing Division, Oneida Law
Office, Oneida Police Department, Land Management, and the CEO of Nation Services.
September 3, 2025: LOC work session.
October 16, 2025: LOC work session.
C. Community Outreach Events. In addition to the public meeting required by the Legislative Procedures
Act, the LOC held the following community outreach events on the proposed amendments to the
Eviction and Termination law:
March 6, 2025: Legislative Operating Committee Community Meeting held in the Norbert Hill
Center’s cafeteria. The Legislative Operating Committee held a community meeting regarding the
Oneida Personnel Policies and Procedures Amendments, the Sanctions and Penalties law, and the
Eviction and Termination law amendments. The purpose of this community meeting was for the
LOC to listen to community feedback on the proposed legislative items.
April 2, 2024: Legislative Operating Committee Community Work Session held in the Norbert Hill
Center Business Committee Conference Room and on Microsoft Teams. The purpose of the
community work session was to read through the law line-by-line and collect comments, questions,
or suggestions for the language included in the law.
June 19, 2024: Legislative Operating Committee and Comprehensive Housing Division
Community Meeting held in the Norbert Hill Center cafeteria. The Legislative Operating
Committee held a community meeting to specifically discuss the Eviction and Termination law
amendments in collaboration with the Comprehensive Housing Division.
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What is an eviction?
An eviction is the legal process an owner uses to remove an occupant from a rented or leased property,
typically due to a contract violation like nonpayment of rent, illegal activity, or unauthorized occupants.
Eviction and Termination Law Enforcement Data
Currently, the Eviction and Termination law only applies to the Nation in its capacity as a lessor as defined
in the Leasing law or as a landlord as defined in the Landlord Tenant law. Enforcement data provided by
the Nation’s entities can provide insight into the application of the Eviction and Termination law.
In regard to the rental programs, the Comprehensive Housing Division provided the following data as of
October 2025:
CHD Rental Program Move Out Review
Voluntary
Involuntary
Year
Unit Transfer
Annual Total
2023
2024
2025
Tota l
187
188
189
190
191
192
193
194
195
196
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198
199
200
201
16
6
5
27
14
14
19
47
18
22
15
55*
48
42
39
120
*15 of the 55 were Involuntary based on death.
The involuntary designation included reasons such as criminal convictions, illegal drug activity, program
ineligibility, non-renewal, and unhealthy/unsafe living conditions.
The Comprehensive Housing Division also identified that in regard to residential leasing, in 2025 there
were two (2) lease termination cases being handled by the Comprehensive Housing Division. The
Comprehensive Housing Divisions posts information regarding contract terminations and evictions made
in accordance with the Eviction and Termination law for violations of law or rule or nuisance activity on
the Nation’s website at the following location:
https://oneida-nsn.gov/wp-content/uploads/2024/04/CHD-Eviction-and-TerminationSpreadsheet_OLO_Final_1.pdf
Land Management provided that in regard to agricultural and business leases, there were no contract
terminations or evictions in recent years.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Expansion of Who Qualifies as an Owner. The proposed amendments to the Law expand who
qualifies as an owner. Currently, the Law defines “owner” as the Nation in its capacity as a lessor as
defined in the Leasing law or as a landlord as defined in the Landlord Tenant law. [6 O.C.610.3-1(g)].
Section 610.8-3 of the currently effective Law further provides that the owner is the Comprehensive
Housing Division in regard to taking actions authorized under this law and complaints filed with the
Oneida Judiciary shall name the Comprehensive Housing Division and the specific program. The
proposed amendments to the Law now define “owner” as the Nation when the Nation is acting in its
capacity as a lessor as defined in the Leasing law or lessee; or the Nation or any person or entity within
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the Nation’s jurisdiction acting in its capacity as a landlord as defined in the Landlord Tenant law. [6
O.C.610.3-1(h)]. The provision providing that the owner is the Comprehensive Housing Division in
regard to taking actions authorized under this Law is eliminated in the proposed amendments.
Effect. The proposed amendments to the Law expand who qualifies as an owner under the Eviction
and Termination law. This amendment to the Law as made to be consistent with amendments made
to the Landlord Tenant law. The Landlord Tenant law was amended by the Oneida Business
Committee on June 25, 2025, through the adoption of resolution BC-06-25-25-C to expand the
definition of 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)]. The expanded definition of
owner in the Eviction and Termination law and landlord in the Landlord Tenant law means that
both laws are applied 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.
This expands the Nation’s exercise of sovereignty within the Reservation boundaries.
B. Administrative Rulemaking Authority. The proposed amendments to the Law revise the delegation of
administrative rulemaking authority for residential, agricultural, and business contracts. [6 O.C.610.41]. Currently, section 610.4-1 of the Law provides that the Land Commission and the Comprehensive
Housing Division may jointly create rules to further govern the processes contained in this law related
to residential contracts. The proposed amendments to the Law provide that it is the Comprehensive
Housing Division that is solely delegated administrative rulemaking authority to create rules to govern
the Nation’s residential contracts. [6 O.C.610.4-1]. The Law then provides in section 610.4-2 that the
Land Commission and the Division of Land Management may jointly create rules to further govern the
processes contained in this law related to agricultural and business contracts. The proposed amendments
to the Law provide that it is Land Management that is solely delegated administrative rulemaking
authority to create rules to govern the Nation’s agricultural and business contracts. [6 O.C.610.4-1].
Another instance where administrative rulemaking authority is revised is in regard to the disposition of
personal property. Section 610.6-1(a)(2) of the current Law provides that the Land Commission and
the Comprehensive Housing Division shall jointly create rules further governing the disposition of
personal property in relation to residential contracts and the Land Commission and the Division of Land
Management shall jointly create rules further governing the disposition of personal property in relation
to agricultural and business contracts. The proposed amendments to the Law provide that it is the
Comprehensive Housing Division that is solely delegated administrative rulemaking authority to create
rules further governing the disposition of personal property in relation to the Nation’s residential
contracts, and Land Management that is solely delegated administrative rulemaking authority to create
rules further governing the disposition of personal property in relation to the Nation’s business and
agricultural and business contracts. [6 O.C. 610.11-4(b)].
Effect. The proposed amendments to the Law simplify the delegation of administrative rulemaking
authority. Administrative rulemaking authority is now delegated solely to the entity that is
responsible for handling evictions and terminations on behalf of the Nation for residential,
agricultural, and business contracts.
C. Removal of Alleged and Allegations. The proposed amendments to the Law remove the terms alleged
and allegations from the Law. Currently, section 610.5-1 addresses causes for early contract termination
and provides that the owner may terminate the 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. The proposed amendments to the
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Law instead focus on ensuring that violations of any applicable law or rule or nuisance activity has
occurred and is not just alleged to have occurred. [6 O.C.610.5-1]. Furthermore, currently the Law
provides that an occupant has a valid defense to eviction if he or she alleges that if not for the alleged
domestic abuse, which is noticed to the owner with any of the following documentation, there would
not be cause for eviction under section 610.5-1. [6 O.C.610.5-2]. The proposed amendments to the Law
again remove the terms alleges and alleged. Id.
Effect. The proposed amendments to the Law comply with the February 25, 2024, General Tribal
Council directive to defer the Eviction & Termination law back to the Legislative Operating
Committee to remove the wording “alleged” or “allegations” in the law.
D. Notice to Individuals. The proposed amendments to the Law revise how notice of an early contract
termination or eviction is provided to individuals. Currently, section 610.5-3(d)(2) of the Law provides
that when providing notice to an occupant that is an individual, the owner shall use one of the following
methods: giving a copy of the notice personally to the occupant or by leaving a copy at the occupant’s
usual place of abode in the presence of some competent member of the occupant’s family at least
fourteen (14) years of age, who is informed of the contents of the notice, provided that the owner may
request that the notice be personally served to the occupant by the Oneida Police Department; leaving
a copy with any competent person apparently in charge of the premises or occupying the premises or a
part thereof, and by mailing a copy by first class mail to the occupant’s last−known address; if notice
cannot be given under subsection (A) or (B) with reasonable diligence, by affixing a copy of the notice
on an entrance to the rented premises where it can be conveniently read and by mailing a copy by first
class mail to the occupant’s last− known address; by mailing a copy of the notice by registered or
certified mail to the tenant at the tenant’s last−known address; by serving the occupant as prescribed in
the Rules of Civil Procedure for the service of a summons. The proposed amendments to the Law now
provide that when providing notice to an occupant that is an individual, the owner shall use both of the
following methods: by affixing a copy of the notice on an entrance to the rented or leased premises
where it can be conveniently read; and by mailing a copy of the notice by registered or certified mail
to the occupant at the occupant’s last−known address. [6 O.C.610.6-3].
Effect. The proposed amendments to the Law clarify and simplify how notice is provided to
occupants. The currently effective Law includes multiple ways to provide notice and is unclear
whether certain options for notice must be attempted first before others can be used. The proposed
amendments to the Law simply how notice is handled, and require that a copy of the notice is
affixed on an entrance to the rented or leased premises where it can be conveniently read in the
most efficient manner by the occupant, and by mailing a copy of the notice by registered or certified
mail to the occupant at the occupant’s last know address to provide a method of notice that is
efficient to prove occurred.
E. Notice to Corporations or Partnerships. The proposed amendments to the Law revise how notice of
an early contract termination or eviction is provided to individuals. Currently, section 610.5-3(d)(3) of
the Law provides that if notice is to be given to a corporation notice may be given by any method
provided in subsection (1) except that notice under subsection (1)(A) may be given only to an officer,
director, registered agent or managing agent, or left with an employee in the office of such officer or
agent during regular business hours. The Law then goes on to state that if notice is to be given to a
partnership, notice may be given by any method in subsection (1) except that notice under subsection
(1)(A) may be given only to a general partner or managing agent of the partnership, or left with an
employee in the office of such partner or agent during regular business hours, or left at the usual place
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of abode of a general partner in the presence of some competent member of the general partner’s family
at least fourteen (14) years of age, who is informed of the contents of the notice. The proposed
amendments to the Law provide that if notice is to be given to a corporation or partnership, notice shall
be given the methods provided for in section 610.6-3, which provides how notice is given to individuals.
[6 O.C.610.6-4].
Effect. The proposed amendments to the Law clarify and simplify how notice is provided to
occupants that are corporations or partnerships by mirroring how notice is provided to individual
occupants.
F. Right to Cure for a Failure to Pay Rent. The proposed amendments to the Law now include a right
to cure for the failure to pay rent. Currently, section 610.5-3(a) of the Law provides that if an occupant
fails to pay any installment of rent when due, the occupant’s contract is terminated if the owner gives
the occupant notice requiring the tenant to pay rent or vacate on or before a date at least thirty (30)
calendar days after the giving of the notice and if the occupant fails to pay accordingly. The proposed
amendments add a new provision which provides that an occupant shall have a right to cure the failure
to pay rents after receiving a notice of termination, and that an occupant is deemed to be complying
with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the
unpaid rent on or before the specified in the notice. [6 O.C.610.7-3]. The owner is not required to
provide an opportunity to cure for a subsequent violation of unpaid rents that occurs within one (1) year
from the giving of any notice for the failure to pay rents. [6 O.C.610.7-4].
Effect. The proposed amendments to the Law mandate that an occupant be given an opportunity to
cure their failure to pay rent before they may face the early termination of their contract and
eviction. This essentially creates a mandated warning by the owner and allows the occupant an
opportunity to correct their lease or rental agreement violation and prevent eviction and legal action.
This proposed amendment to the Law ensures that occupants are not immediately evicted for a
fixable mistake, such as a late rent payment, and provides an opportunity to maintain housing
stability for the occupants.
G. Right to Cure for Waste of Contract Breach. The proposed amendments to the Law further clarify the
right to cure for instances of waste or contract breach. Currently, section 610.5-3(b) provides that if an
occupant commits waste or breaches any covenant or condition of the occupant’s contract, other than
for payment of rent, the occupant’s tenancy is terminated if the owner gives the occupant a notice
requiring the occupant to remedy the default or vacate the premises on or before a date at least thirty
(30) calendar days after the giving of the notice, and if the occupant fails to comply with such notice.
The Law then further provides that an occupant is deemed to be complying with the notice if promptly
upon receipt of such notice the occupant takes reasonable steps to remedy the default and proceeds with
reasonable diligence, or if damages are adequate protection for the owner and the occupant makes a
bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. The proposed
amendments to the Law provide further clarification by providing that an occupant shall have a right to
cure the waste or breach of contract after receiving a notice. of termination, and that the occupant is
deemed to be complying with the notice if promptly upon receipt of such notice the occupant and the
owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take
and timelines necessary to remedy the default, and the occupant then complies with reasonable the
agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide
and reasonable offer to pay the owner all damages for the occupant’s breach. [6 O.C.610.8-3]. The
proposed amendments to the Law also clarify that the owner is not required to provide an opportunity
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to cure for a subsequent violation of a waste or a breach of contract that occurs within one (1) year from
the giving of any notice for waste or a breach of contract. [6 O.C.610.8-4].
Effect. The proposed amendments to the Law clarify an occupant’s right to cure for waste or
contract breach, other than a failure to pay rent. The current Law already required that a notice be
given to the occupant for the waste or a contract breach requiring the occupant to remedy the default
or vacate the premises on or before a date at least thirty (30) calendar days after the giving of the
notice, but the current Law was not specific as to what remedying the default actually could mean,
which could lead to confusion or disagreements amongst the owners and occupants. The proposed
amendments to the Law now require the occupant and the owner to enter into a written agreement
to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy
the default so that it is clear what needs to occur to avoid the early contract termination and eviction.
H. Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant. The proposed
amendments to the Law further clarify when a termination of a contract or eviction can occur for a
violation of an applicable law or rule or nuisance. Currently, section 610.5-3(c) of the Law provides
that the owner may terminate an occupant’s contract based on an alleged violation of an applicable law
or rule or if the occupant commits a nuisance act. A nuisance is currently defined in the Law in section
610.3-1(e) to mean an occupant’s interference with another occupant’s use and enjoyment of the
premises. The current Law then provides that nuisance activities include, but are not limited to,
allegations of 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, inspection related calls in which a law enforcement agency responds. The
proposed amendments to the Law provide that in order for the owner to terminate an occupant’s contract
based on a violation of law, rule, or nuisance, the violation of law or rule, or the nuisance act shall be
an activity which: threatens the health or safety of, or right to peaceful enjoyment of the premises by,
other tenants; threatens the health or safety of, or right to peaceful enjoyment of their residences by,
persons residing in the immediate vicinity of the premises; threatens the health or safety of the owner
or an agent or employee of the owner; or engages in any drug-related criminal activity on or near the
premises. [6 O.C.610.9-1].
Effect. The proposed amendments to the Law clarify what type of nuisance or violation of law or
rule can lead to an early contract termination or eviction. There is a wide range of activities that
could constitute a nuisance or a violation of law or rule - ranging from very minor offenses to very
serious offenses. The proposed amendments to the Law were put in place to set a threshold for
nuisance activities or violations of law or rule so that only serious violations would apply – that is
why it is now required that the nuisance activity or violation of law or rule threaten the health or
safety of, or right to peaceful enjoyment of the premises by, other occupants; threaten the health or
safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate
vicinity of the premises; threatens the health or safety of the owner or an agent or employee of the
owner; or engages in any drug-related criminal activity on or near the premises.
I. Notice of Violation of a Law, Rule, or Notice. Section 610.5-3(c) of the Law requires that in order to
termination a contract for a violation of an applicable law, rule, or nuisance the owner must have
received notice, which may be from, but is not limited to, another occupant, law enforcement agency
or a local government’s office of the district attorney, which reports: a violation of an applicable law
or rule on behalf of the occupant or in the occupant’s unit, or a nuisance that exists in that occupant’s
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unit or was caused by that occupant on the owner’s property. The proposed amendments to the Law
provide that in order to terminate for the violation of an applicable law, rule, or nuisance, the owner
has to receive notice from a law enforcement agency or a local government’s office of the district
attorney, which reports a violation of an applicable law or rule on behalf of the occupant or another
individual in the occupant’s unit, or a nuisance that exists in that occupant’s unit or was caused by that
occupant on the owner’s premises. [6 O.C.610.9-2].
Effect. The proposed amendments to the Law require that notification of a violation of law, rule,
or nuisance come from a law enforcement agency or a local government’s office of the district
attorney – no longer allowing notification to come from another occupant. This ensures that any
notification of a violation comes from a reputable source.
J. No Right to Cure for a Violation of Law, Rule, or Nuisance. The proposed amendments provide that
the owner shall not be required to provide an occupant an opportunity to cure for a violation of an
applicable law or rule or nuisance act. [6 O.C.610.9-3].
Effect. The proposed amendments to the Law clarify that an owner is not required to provide an
occupant an opportunity to cure for a violation of an applicable law, rule, or nuisance act – as an
early contract termination or eviction for these violations are intended to only apply when the
offenses are serious.
K. Contesting the Contract Termination. The proposed amendments to the Law provide greater clarity
and expand when an individual may contest a contract termination. Section 610.8-1 of the current Law
provides that the Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law. Section 610.5-3(c)(2) of the Law regarding evictions for a violation of an
applicable law, rule, or nuisance, is currently the only section that address contesting a contract
termination, and provides that the occupant may contest a termination based on a violation of applicable
law or rule or nuisance by filing a complaint challenging the basis of the eviction with the Oneida
Judiciary. Section 610.5-3(c)(3) of the current Law then goes on to provide that if the occupant contests
the termination prior to the termination date provided in the notice, the eviction is stayed and the
contract may not be terminated without proof to the Oneida Judiciary by the owner by the greater
preponderance of the credible evidence of the allegation that a violation of law and/or rule and/or
nuisance exists in that occupant’s unit or was caused by that occupant. The proposed amendments to
the Law move the provision about contesting a termination out from solely under the eviction for a
violation of an applicable law, rule, or nuisance section, and instead creates a whole new section of the
Law focused on contesting the contract termination. [6 O.C. 610.10]. The proposed amendments now
more generally provide that the occupant may contest a contract termination by filing a complaint
challenging the basis of the eviction with the Oneida Trial Court prior to the termination date provided
in the notice. [6 O.C. 610.10-1]. If the occupant contests the termination, the eviction is stayed and the
contract may not be terminated without proof to the Trial Court by the owner by the greater
preponderance of the credible evidence that the termination of contract was valid under this law. [6
O.C. 610.10-1(a)].
Effect. The proposed amendments to the Law clarify that the Law does not limit contesting a
contract termination or eviction to just one cause for eviction. The current Law only addresses
contesting a contract termination or eviction in regard to evictions for a violation of an applicable
law, rule, or nuisance. The proposed amendments to the Law reframe the provisions of the Law
addressing contesting a contract termination or eviction so it is clear that it applies to all causes for
early contract termination or eviction. The proposed amendments also provide greater clarity to the
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owner on what proof needs to be presented to the Trial Court to combat the contestation of the
contract termination or eviction.
L. Failure to Vacate Following Notice of Eviction or Contract Expiration. The proposed amendments
to the Law vastly change what occurs if an occupant fails to vacate following the notice of eviction or
a contract expiration. In the currently effective law, section 610.6-1 provides that if an occupant fails
to vacate the premises following notice of termination based on eviction, occupant termination or
expiration and non-renewal of a contract, the owner shall secure and take possession of the premises
once the timeframe in the notice of termination has expired. The Law goes on to provide that the
Comprehensive Housing Division is required to contact the Oneida Police Department to request that
an Oneida Police Officer be on the scene while the locks are being changed. In the event the occupant
has left personal property in the home, the occupant may retrieve the said personal property by
contacting the Comprehensive Housing Division staff listed on the notice of termination. The
Comprehensive Housing Division is required to hold personal property for a minimum of five (5)
business days, where a business day is Monday through Friday from 8:00 a.m. to 4:30 p.m. and excludes
holidays recognized by the Nation. The Comprehensive Housing Division is required to keep a written
log of the date and the work time the Comprehensive Housing Division’s staff expends storing and/or
removing personal property and/or removing/disposing of debris left at the premises after the expiration
of the timeframe provided in the notice of termination. The proposed amendments to the Law provide
that if an occupant fails to vacate the premises following notice of termination based on eviction,
occupant termination, or expiration and non-renewal of a contract, the owner may file an eviction action
with the Oneida Trial Court to remove the occupant from possession or occupancy of the premises. [6
O.C. 610.11-3]. The Law requires that the complaint be in writing and identify the parties and the
premises which is the subject of the action and state the facts which authorize the removal of the
occupant. [6 O.C. 610.11-3(e)]. The request for relief in the complaint shall be for the removal of the
occupant or the property or both and, if an additional claim is joined, for the other relief sought by the
owner. Id. The occupant can then plead to the complaint orally or in writing, except that if the owner’s
title is put in issue by the occupant, the answer shall be in writing and subscribed in the same manner
as the complaint. [6 O.C. 610.11-3(f)]. The proposed amendments to the Law also address such topics
related to the eviction action such as proper notice [6 O.C. 610.11-3(a)], acceptance of rent or other
payments [6 O.C. 610.11-3(b)], waiver [6 O.C. 610.11-3(c)], joinder of other claims [6 O.C. 610.113(d)]. If the Oneida Trial Court finds that the termination and eviction occurred in accordance with this
law and the owner is entitled to possession, the Oneida Trial Court is then required to immediately enter
an order for judgment to the owner for the removal of the occupant and their property from the premises.
[6 O.C. 610.11-3(g)]. At the time of ordering judgment for the removal of the occupant and their
property from the premises, the Oneida Trial Court shall immediately order that a writ of removal be
issued, and the writ shall be delivered to both the Oneida Police Department and owner for execution.
[6 O.C. 610.11-3(h)]. No writ is to be executed if received by the Oneida Police Officer Department
and owner more than thirty (30) days after its issuance. Id. Upon delivery of a writ of removal to the
Oneida Police Department and the owner, an Oneida Police Department officer and the owner shall
execute the writ of removal within ten (10) days of the receipt of the writ. [6 O.C. 610.11-4]. No writ
is to be executed if received by the Oneida Police Officer Department and owner more than thirty (30)
days after its issuance. [6 O.C. 610.11-3(h)]. In executing the writ of removal the owner is responsible
for changing the locks on the premises and securing possession of the premises. [6 O.C. 610.114(b)].The Oneida Police Department officer is responsible for removing from the premises described
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in the writ the occupant and all other persons found upon the premises, using such reasonable force as
is necessary, and remaining on scene while the owner changes the locks on the premises and secures
possession of the premises. [6 O.C. 610.11-4(a)]. The Law then addresses appeals of the Oneida Trial
Court’s decision and provides that an appeal in an eviction action shall be initiated with the Oneida
Court of Appeals within fifteen (15) days of the entry of judgment or order. [6 O.C. 610.11-3(i)]. The
Law then provides additional details on how matters are handled while the appeal is in progress.
M. Timing for the Return of the Security Department. The proposed amendments to the Law expand the
time allowed for returning the security deposit. Currently, section 610.7-5 of the Law provides that the
owner shall deliver or mail to an occupant the full amount of any security deposit paid by the occupant,
less any amounts that may be withheld within thirty (30) calendar days after any of the following: if
the occupant vacates the premises on the original termination date of the contract, the date on which
the contract terminates; if the occupant vacates the premises or is evicted before the original termination
date of the contract, the date on which the occupant’s rental agreement terminates or, if the owner rerents the premises before the occupant’s rental agreement terminates, the date on which the new
occupant takes occupancy/use of the premises; or if the occupant vacates the premises untimely or is
removed from the premises pursuant to an eviction action judgment and writ of restitution, the date on
which the owner learns that the occupant has vacated the premises or has been removed from the
premises. The proposed amendments to the Law expand the time allotted to return the security deposit
from thirty (30) calendar days to sixty (60) calendar days. [6 O.C. 610.12-5].
Effect. The proposed amendments to the Law expand the amount of time allowed to return the
security deposit from thirty (30) calendar days to sixty (60) calendar days in an effort to provide
owners greater time to determine what, if any, damages need to be withheld from the security
deposit.
N. Other Drafting Changes. The proposed amendments to the Law also make other drafting changes and
broad organizational changes.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules. [1 O.C. 106.1-2].
This Law delegates rulemaking authority to the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law to develop create rules to further
govern the processes contained in this law related to the Nation’s residential contracts. [6
O.C. 610.4-1].
This Law delegates rulemaking authority to Land Management in accordance with the
Administrative Rulemaking law to develop rules to further govern the processes contained
in this law related to the Nation’s agricultural and business contracts. [6 O.C. 610.4-1].
The Law delegates administrative rulemaking authority to the Comprehensive Housing
Division to develop rules to further govern the disposition of personal property in relation
to the Nation’s residential contracts. [6 O.C. 610.11-4(b)].
The Law delegates administrative rulemaking authority to Land Management to develop
rules to further govern the disposition of personal property in relation to the Nation’s
business and agricultural and business contracts. [6 O.C. 610.11-4(b)].
Page 13 of 16
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Any rules made in accordance with the Law will have to follow the process and procedures
provided in the Administrative Rulemaking law.
Landlord Tenant Law. The Landlord Tenant law provides mechanisms for protecting the rights of
the landlords and tenants on all land owned by the Nation or Tribal members within the Reservation
boundaries. [6 O.C. 611.1-1].
The Eviction and Termination law defines occupant as a person or entity who has acquired
a legal right to use or occupy Tribal land by a lease under the Leasing law, or one who has
the right to use or occupy a property under a lease; or a person granted the right to use or
occupy a premises pursuant to a rental agreement in accordance with the Landlord Tenant
law. [6 O.C. 610.3-1(g)].
The Eviction and Termination law defines owner to mean the Nation when the Nation is
acting in its capacity as a lessor as defined in the Leasing law or lessee; or the Nation or
any person or entity within the Nation’s jurisdiction acting in its capacity as a landlord as
defined in the Landlord Tenant law. [6 O.C. 610.3-1(h)].
The Eviction and Termination law defines contract to mean either a lease document
pursuant to the Leasing law or a rental agreement pursuant to the Landlord Tenant law. [6
O.C. 610.3-1(c)].
A landlord subject to the Landlord Tenant law would be required to follow the procedures
of the Eviction and Termination law to terminate a contract and evict an occupant.
Leasing Law. The Leasing law sets out the Nation’s authority to issue, review, approve and enforce
leases. [6 O.C. 602.1-1].In addition, the purpose of this law is to meet the requirements of the
Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act)
by establishing a process under which the Nation will be able to approve leases on tribal land
without additional approval of the Secretary of the Interior. Id.
The Eviction and Termination law defines owner to mean the Nation when the Nation is
acting in its capacity as a lessor as defined in the Leasing law or lessee; or the Nation or
any person or entity within the Nation’s jurisdiction acting in its capacity as a landlord as
defined in the Landlord Tenant law. [6 O.C. 610.3-1(h)].
The Eviction and Termination law defines contract to mean either a lease document
pursuant to the Leasing law or a rental agreement pursuant to the Landlord Tenant law. [6
O.C. 610.3-1(c)].
The Eviction and Termination law defines occupant as a person or entity who has acquired
a legal right to use or occupy Tribal land by a lease under the Leasing law, or one who has
the right to use or occupy a property under a lease; or a person granted the right to use or
occupy a premises pursuant to a rental agreement in accordance with the Landlord Tenant
law. [6 O.C. 610.3-1(g)].
The Eviction and Termination law provides that except for leases entered into pursuant to
the Leasing law, any termination provisions in a contract that are contrary to those provided
in this law are invalid. [6 O.C. 610.5-3].
A lessor subject to the Leasing law would be required to follow the procedures of the
Eviction and Termination law to terminate a contract and evict a lessee.
Judiciary Law. The Judiciary law establishes a Judiciary, and provides for the administration of
law, justice, judicial procedures and practices by the 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
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traditions in matters affecting the Oneida people. [8 O.C. 801.1-1]. It is the policy of the Nation to
provide a fair and impartial forum for the resolution of all matters that come before it pursuant to a
grant of authorization by law. The Judiciary law provides that the Trial Court shall have subject
mater jurisdiction over cases and controversies arising under laws of the Nation that specifically
authorize the Trial Court to exercise jurisdiction. [8 O.C. 801.5-2(a)].
The Eviction and Termination law authorizes the Oneida Judiciary to exercise jurisdiction
to hear complaints filed regarding actions taken pursuant to this law. [6 O.C. 610.13-1].
Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure
governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a
consistent set of rules governing the process for civil claims, in order to ensure equal and fair
treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8 O.C.
803.1-1, 803.1-2]. The Oneida Judiciary Rules of Civil Procedure is followed by the Court, except
where other Court rules are more specific, then those laws shall supersede. [8 O.C. 803.4-6].
Actions before the Oneida Judiciary shall comply with the Oneida Judiciary Rules of Civil
Procedure, except where the Eviction and Termination law is more specific.
Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules of
evidence to apply in proceedings held in the Trial court and Family Court of the Oneida Judiciary
administer Court proceedings fairly, eliminate unjustifiable expense and delay, and promote the
development of evidence law, by obtaining the truth and securing a just determination. [8 O.C.
804.1-1, 804.1-2].
Actions before the Oneida Judiciary shall comply with the Oneida Judiciary Rules of
Evidence.
Rules of Appellate Procedure. The Rules of Appellate Procedure govern the procedure in all
actions and proceedings in the divisions that make up the Court of Appeals within the Judiciary
that fall under the jurisdiction of the Nation [8 O.C. 805.1-1]. It is the policy of the Nation that
these rules are to be liberally construed to ensure a speedy, fair, and inexpensive determination of
every appeal. [8 O.C. 805.1-2]. Any party to a civil action, who is aggrieved by a final judgment
or order of the Trial Court or original hearing body, may appeal to the Court of Appeals. [8 O.C.
805.5-1].
The Eviction and Termination law provides that an appeal in an eviction action shall be
initiated with the Oneida Court of Appeals within fifteen (15) days of the entry of judgment
or order. [6 O.C. 610.11-3(i)].
Actions before the Oneida Judiciary shall comply with the Rules of Appellate Procedure,
except where the Eviction and Termination law is more specific.
An example of this is the Rules of Appellate Procedure provides that such party shall
file with the Clerk a Notice of Appeal from such judgment or order, together with a
filing fee, as set by the Court, within thirty (30) days after the day such judgment or
order was rendered. [8 O.C. 805.5-2(a)]. The Eviction and Termination law provides
that an appeal in an eviction action shall be initiated with the Oneida Court of Appeals
within fifteen (15) days of the entry of judgment or order. [6 O.C. 610.11-3(i)].
SECTION 7. OTHER CONSIDERATIONS
A. 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-
Page 15 of 16
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10-28-20-A 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 has not yet requested a fiscal impact statement
from the Finance Administration.
Page 16 of 16
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
~
GDDDOO
ONEIDA
AGENDA REQUEST FORM
February 18, 2026
1) Request Date: _____________________________________________________
Clorissa N. Leeman
2) Contact Person(s): ______________________________________
Legislative Reference Office
Dept:____________________________
(920) 869-4417
cleeman@oneidanation.lorg
Phone Number:_________________________
Email: __________________________________
Oneida General Welfare Law Amendments
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
_______________________________________________________________________________
On 12/15/25 the Department of Treasure and the IRS issued final
regulations implementing the Tribal General Welfare Exclusion Act. We
_______________________________________________________________________________
should review our Oneida General Welfare law to determine what, if any,
amendments should be made in regard to the updated regulations.
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Tribal General Welfare Exclusion Act - Final Regulations Fact Sheet
1) ________________________________
3) ________________________________
Oneida General Welfare Law
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
Other GEW program laws could potentially be impacted.
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
Iii No
If yes, please indicate why:
Not an emergency action.
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Clorissa N. Leeman
Date: 2026.02.13 15:52:24 -06'00'
__________________________________________________________________________
Digitally signed by Clorissa N. Leeman
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
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Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Policy
1001.2. Adoption, Amendment, Repeal
1001.3. Definitions
1001.4. General Welfare Assistance
1001.5. Approved Program Guidelines
1001.6. Non-Recourse Designation
1001.7. Governing Law; Sovereignty
1001.8. Federal Trust Obligations
1001.1. Purpose and Policy
1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pursuant to the principles of the General Welfare
Exclusion.
(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional
application of the general welfare doctrine and subsequent guidance, has recognized the
sovereign right of Indian tribal governments to provide financial assistance to its members
under certain circumstances on a non-taxable basis.
1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved
programs that promote the general welfare of the Nation. This law provides a framework for
approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.
§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.
Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance
provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation’s governing body;
(c) is not provided as compensation for goods or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee.
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-12-08-21A.
1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1001.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1001.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1001.3. Definitions
1001.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted by the Oneida Business Committee through resolution
10 O.C. 1001 – Page 1
29 of 45
or law of the Nation.
(b) "Assistance" means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law. Assistance provided under an approved
program shall not be considered income of the recipient.
(c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(d) “Limited term” means a defined start and end date, or utilizes third-party funding and
is not intended to be permanent.
(e) "Member" means an individual who is an enrolled member of the Nation.
(f) “Nation” means the Oneida Nation.
(g) “Recipient” means any member entitled to receive assistance in accordance with
approved program requirements.
1001.4. General Welfare Assistance
1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a
non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government
recognizes that benefits to recipients under an approved program for the promotion of the general
welfare of the Nation is excludable from the gross income of those recipients. General Welfare
Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as
it:
(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;
(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or
(c) meets the criteria of the General Test under the I.R.S. General Criteria of General
Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.4-2. General Test. The General Test provides criteria used to determine if any assistance
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(a) The assistance is paid on behalf of the Nation;
(b) The assistance was provided pursuant to an approved program;
(c) The assistance does not discriminate in favor of members of the governing body of the
Nation;
(d) The assistance is available to any member who meets the guidelines of the approved
program;
(e) The assistance is provided for the promotion of general welfare;
(f) The assistance is not lavish or extravagant;
(g) The assistance is not compensation for services; and
(h) The assistance is not a per capita payment.
1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare
Exclusion shall occur through an approved program and qualify as non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
(a) An approved program shall be established and operated to promote the general welfare
10 O.C. 1001 – Page 2
30 of 45
of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment.
(b) Each approved program shall be limited to purposes consistent with treatment under
the General Welfare Exclusion as to purpose, eligibility, and funding.
(d) An approved program shall meet all criteria of the General Test.
(d) Assistance provided through an approved program is not subject to information
reporting by the Nation to the Internal Revenue Service.
1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general
welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to
codify existing procedures used by the Nation to administer its general welfare assistance.
Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general
welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.
1001.5. Approved Program Guidelines
1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the
Oneida Business Committee through a resolution or law of the Nation. Approved programs
adopted by the Oneida Business Committee are considered in force and effect and in accordance
with this law
(a) Law. An approved program shall be adopted by the Oneida Business Committee
through a law if the approved program will function on a permanent basis.
(1) Adoption of an approved program by the Oneida Business Committee through
a law of the Nation shall comply with the process and procedures of the Legislative
Procedures Act.
(b) Resolution. An approved program shall be adopted by the Oneida Business Committee
through a resolution if the approved program will function for a limited term.
(1) An approved program to be considered for adoption through resolution by the
Oneida Business Committee shall be accompanied by a statement of effect and
submitted in accordance with the Oneida Business Committee’s submission
procedure and deadlines.
(c) Contents of Proposed Approved Programs. The law or resolution establishing an
approved program shall contain the following information:
(1) Name of the approved program;
(2) Purpose of the approved program;
(3) Eligibility rules and limitations for approved program;
(4) Funding source for approved program;
(5) How the approved program qualifies for General Welfare Exclusion; and
(6) Start and end date of approved program, if applicable.
1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members
of the Nation. Each approved program shall set forth any specific eligibility rules and limitations
applied to that program.
1001.5-3. Funding of Approved Programs. Assistance authorized by this law shall be limited to
funds appropriated, at the discretion of the Oneida Business Committee and no matter the source
of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the
Nation until payments are disbursed. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this
10 O.C. 1001 – Page 3
31 of 45
law. Approved programs may also be funded through third-party funding if available.
1001.5-4. Use of Assistance. All assistance provided through an approved program shall be used
for the purpose stated in the approved program description. If assistance is used or pledged for a
purpose inconsistent with the purpose set forth in an approved program the payment shall be
deemed forfeited. The Nation may secure repayment from any recipient who forfeited their
assistance.
1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall
not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
attachment or garnishment by creditors of the member.
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated
as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or
right to any funds budgeted for, or set aside for, approved programs until paid.
1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke
any benefit.
1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines
of “constructive receipt” or “economic benefit.”
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation’s laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s
adoption of its approved programs is not intended to relieve or diminish the federal government of
its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding
shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government
regarding these obligations.
End.
Emergency Adopted – BC-08-12-20-D
Emergency Amended – BC-02-10-21-B
Emergency Extended – BC-07-28-21-M
Adopted – BC-12-08-21-A
10 O.C. 1001 – Page 4
32 of 45
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
~
GDDDOO
ONEIDA
AGENDA REQUEST FORM
February 18, 2026
1) Request Date: _____________________________________________________
Clorissa N. Leeman
2) Contact Person(s): ______________________________________
Legislative Reference Office
Dept:____________________________
(920) 869-4417
cleeman@oneidanation.lorg
Phone Number:_________________________
Email: __________________________________
General Tribal Council Meeting Stipend Payment Policy Amendments
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
_______________________________________________________________________________
At the 2/5/26 OBC work session it was determined that the Legislative
Operating Committee should review and consider amendments to the
_______________________________________________________________________________
GTC Meeting Stipend Payment Policy to address decorum, stipend policy
alignment, checkout procedures, and enforcement authority.
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
General Tribal Council Meeting Stipend Payment Policy Amendments
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
Iii No
If yes, please indicate why:
Not an emergency action.
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Clorissa N. Leeman
Date: 2026.02.13 15:52:24 -06'00'
__________________________________________________________________________
Digitally signed by Clorissa N. Leeman
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
33 of 45
Title 1. Government and Finances – Chapter 111
GENERAL TRIBAL COUNCIL MEETING STIPEND PAYMENT POLICY
111.1. Purpose and Policy
111.2. Adoption, Amendment, Repeal
111.3. Definitions
111.4. Stipends
111.5. General Tribal Council Meetings
111.6. Appeals
111.1. Purpose and Policy
111.1-1. The purpose of this policy is to govern the payment of stipends for attendance at General
Tribal Council meetings.
111.1-2. It is the policy of the Oneida Tribe of Indians of Wisconsin to pay eligible General Tribal
Council members a stipend for attending a General Tribal Council meeting at which a quorum is
established and maintained and where official Tribal business is conducted. 1
111.2. Adoption, Amendment, Repeal
111.2-1. This policy was adopted by the Oneida Business Committee by Resolution BC-12-10-08-K
and amended by BC-02-13-13-E.
111.2-2. This policy may be amended pursuant to Tribal law by the Oneida General Tribal Council.
111.2-3. Should a provision of this policy or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this policy which are considered
to have legal force without the invalid portions.
111.2-4. In the event of a conflict between a provision of this policy and a provision of another law,
ordinance, policy, regulation, rule, resolution or motion, the provisions of this policy shall control.
Provided that, nothing in this policy is intended to repeal or modify any existing law, ordinance,
policy, regulation, rule, resolution or motion.
111.2-5. This policy is adopted under authority of the Constitution of the Oneida Tribe of Indians of
Wisconsin.
111.3. Definitions
111.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “General Tribal Council” means the governing body of the Oneida Tribe of Indians of
Wisconsin, which is composed of the qualified voters of the Tribe, as determined by the
Constitution of the Oneida Tribe of Indians of Wisconsin.
(b) “Tribe” or “Tribal” means the Oneida Tribe of Indians of Wisconsin.
111.4. Stipends
111.4-1. Any Tribal member who meets the requirements of 111.4-2 shall receive a stipend in an
amount determined by General Tribal Council for attending a General Tribal Council meeting, if a
quorum is established.
(a) If a quorum has not been established within fifteen (15) minutes after the published
starting time, the meeting shall not be held and no stipend shall be paid.
111.4-2. In order to receive a stipend for attending a General Tribal Council meeting, a person shall:
(a) be a qualified voter, in accordance with the Oneida Constitution;
1
January 16, 2023 GTC Directive: “Motion by Nancy Barton to accept the petition and to increase the General Tribal
Council stipend to $200 effective January 30, 2023. Seconded by Michael Debraska. Motion carried 2/3 majority vote
requirement by show of hands.”
1 O.C. 111 – Page 1
34 of 45
(b) except as provided under (1), register no later than fifteen (15) minutes after the published
starting time of the meeting by checking in at a registration table, filling out any required
forms, and providing a valid Tribal or state issued picture identification;
(1) A person who is physically in line to register for a General Tribal Council meeting
within fifteen (15) minutes after the published starting time of the meeting, may
receive a stipend for attending a General Tribal Council meeting if he or she registers
and meets the other requirements under this section.
(c) be present for the entire meeting, from the time the meeting is called to order until the
meeting is adjourned; and
(1) For purposes of this policy, a Tribal member who leaves the meeting area and any
related bathroom facilities, as identified by the Tribal Secretary’s Office, is not
considered present for the entire meeting.
(d) check out and provide a valid Tribal or state issued picture identification card after the
meeting ends.
(1) For the purposes of this policy, a meeting ends when the meeting is adjourned, the
meeting is recessed to a later date, or a quorum is lost.
111.4-3. Payment. The stipend payment shall be made by an acceptable distribution process
approved by the Accounting Department. Any fees associated with reissuing a payment shall be
deducted from a reissued payment.
(a) The Accounting Department shall distribute stipend payments no later than fifteen (15)
business days after a General Tribal Council meeting is held.
(b) If a Tribal member does not receive a stipend payment after meeting the requirements of
111.4-2, he or she may contact the Enrollment Department to verify his or her eligibility to
receive the stipend payment.
111.5. General Tribal Council Meetings
111.5-1. Enrollment Department.
(a) The Enrollment Department shall be responsible for the following at each General Tribal
Council meeting:
(1) Conducting check in/out of Tribal members and verifying voter eligibility.
(2) Verifying mailing address of each Tribal member.
(3) Providing eligible Tribal members with a hand stamp, bracelet or other identifier
that can be displayed upon request to prove they are eligible to attend the meeting
and/or vote during the meeting.
(b) Enrollment Department officials shall be responsible for verifying the information
provided by Tribal members while checking in and out. A Tribal or state issued picture
identification card shall be required to verify the identity of the person registering.
(c) The Enrollment Department shall send the relevant information regarding Tribal members
who are eligible to receive a stipend to the Accounting Department as soon as possible after
the meeting.
111.5-2. If the facility where the meeting is held does not seat at least twenty-five hundred (2,500)
people, the Oneida Business Committee shall have the Security Department or other applicable
individuals limit meeting attendees to those Tribal members who are eligible to vote.
111.6. Appeals
111.6-1. Any Tribal member denied a stipend payment may file an appeal with the Enrollment
Department within forty-five (45) days after the meeting for which the meeting stipend was denied.
The review shall be conducted by the Enrollment Director or his/her designee. A determination as to
1 O.C. 111 – Page 2
35 of 45
whether the Tribal member was eligible for the stipend shall be made within five (5) business days of
receipt of the appeal.
(a) The determination shall be sent by registered mail (return receipt requested) or delivered
in person to the Tribal member.
(b) In the event a stipend payment is denied, the determination shall include a statement
notifying the Tribal member that he or she has fourteen (14) calendar days to file an appeal
with the Oneida Trust/Enrollment Committee.
(c) In the event a stipend payment is granted, the determination shall include a statement
notifying the Tribal member that the Enrollment Department will forward his or her relevant
information to the Accounting Department to process the payment.
111.6-2. Any Tribal member denied a stipend payment after an appeal to the Enrollment Director
may appeal the Director’s determination to the Oneida Trust/Enrollment Committee. The appeal shall
be filed within fourteen (14) calendar days of receipt of the determination. An appeal shall be filed
with the Oneida Trust/Enrollment Committee in care of the Enrollment Department. The Enrollment
Department shall forward the appeal to the Oneida Trust/Enrollment Committee no later than the next
business day.
111.6-3. A quorum of the Oneida Trust/Enrollment Committee shall conduct a hearing of the appeal
and issue a determination within forty-five (45) days of the receipt of the Tribal member=s request
for review.
(a) The Oneida Trust/Enrollment Committee determination shall be sent by registered mail
(return receipt requested) or delivered in person to the Tribal member.
111.6-4. Payments after an Appeal.
(a) Within five (5) business days after the Enrollment Director or the Oneida Trust/Enrollment
Committee determines that a stipend should have been granted, the Enrollment Department
shall notify the Accounting Department of the determination, the name of the Tribal member
and any additional relevant information needed by the Accounting Department to make the
payment.
(b) The Accounting Department shall distribute a stipend payment to the Tribal member
within fifteen (15) business days from the notification.
111.6-5. The determination of the Oneida Trust/Enrollment Committee shall be final.
End.
_____________________________________________________________________________________________
GTC Directive – 8/11/07
Emergency Adoption – BC-12-07-07-A
Emergency Extension – BC-05-28-08-C
Permanent Adoption – BC-12-10-08-K
GTC Directive – GTC-11-21-11-A
Emergency Adoption – BC-05-09-12-A
Emergency Extension – BC-10-14-12-B
Adopted – BC-02-13-13-E
Emergency Amended – BC-04-08-20-A
Emergency Extension – BC-09-23-20-B (Expired)
1 O.C. 111 – Page 3
36 of 45
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
~
GDDDOO
ONEIDA
AGENDA REQUEST FORM
February 18, 2026
1) Request Date: _____________________________________________________
Clorissa N. Leeman
2) Contact Person(s): ______________________________________
Legislative Reference Office
Dept:____________________________
(920) 869-4417
cleeman@oneidanation.lorg
Phone Number:_________________________
Email: __________________________________
Pardon and Forgiveness Law Amendments
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
_______________________________________________________________________________
At the 2/5/26 OBC work session it was determined that the Legislative
Operating Committee should review and consider amendments to the
_______________________________________________________________________________
Pardon and Forgiveness law to allow flexibility in pardon eligibility when
fines prevent payment.
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Pardon and Forgiveness law
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
Iii No
If yes, please indicate why:
Not an emergency action.
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Clorissa N. Leeman
Date: 2026.02.13 15:52:24 -06'00'
__________________________________________________________________________
Digitally signed by Clorissa N. Leeman
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
37 of 45
Title 1. Government and Finances - Chapter 126
PARDON AND FORGIVENESS
Tsi>n@hte <hutatwani=y%ne Olihw@=ke
of what they will be free of matter
126.1. Purpose and Policy
126.2. Adoption, Amendment, Conflicts
126.3. Definitions
126.4. Pardon and Forgiveness Screening Committee
Responsibilities
126.5. Tribal Secretary’s Office Responsibilities
126.6. Pardon and Forgiveness Eligibility and Application
126.7. Fees
126.8. Hearings
126.9. Conditions and Restrictions
126.10. Oneida Business Committee
126.1. Purpose and Policy
126.1-1. Purpose.
(a) The purpose of this Law is to provide a fair, efficient and formal process by which:
(1) a Tribal member may receive a pardon for the conviction of a crime(s); or
(2) a Tribal member may receive forgiveness for acts that render him or her
ineligible for housing with the Tribe or other Tribal benefits.
(3) a Tribal member or non-Tribal member may receive forgiveness for acts that
render him or her ineligible for Tribal employment; an occupational license,
certification or permit issued by the Tribe; housing through the Tribe; or other
Tribal benefit.
(b) This Law defines the duties and responsibilities of the Oneida Pardon and Forgiveness
Screening Committee, Oneida Business Committee, Oneida Tribal Secretary’s Office, and
other persons involved in the granting or denial of pardons and forgiveness.
126.1-2. Policy. It is the policy of the Oneida Tribe of Indians of Wisconsin to grant pardons or
forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or
commitment to lawful behavior. Nothing contained herein shall be construed as permitting the
employment of individuals who are otherwise disqualified for employment from certain
occupations under Tribal, State or Federal Law. Receipt of a pardon or forgiveness does not affect
obligations imposed as part of a sentence or conviction in another jurisdiction.
126.2. Adoption, Amendment, Conflicts
126.2-1. This Law was adopted by the Oneida Business Committee by Resolution BC-05-25-11A and amended by Resolution BC-01-22-14-B.
126.2-2. This Law may be amended pursuant to the procedures set out in Tribal law by the Oneida
Business Committee or the Oneida General Tribal Council.
126.2-3. Should a provision of this Law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this Law which are considered
to have legal force without the invalid portions.
126.2-4. In the event of a conflict between a provision of this Law and a provision of another law,
ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Law shall control.
Provided that, this Law repeals Resolution BC-7-31-02-A: Resolution Adopting a New Oneida
Pardon Ordinance.
126.2-5. This Law is adopted under authority of the Constitution of the Oneida Tribe of Indians
1 O.C. 126 – Page 1
38 of 45
of Wisconsin.
126.3. Definitions
126.3-1. This section shall govern the definitions of words and phrases used within this Law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Applicant” shall mean an individual who is applying for a pardon or forgiveness from
the Tribe.
(b) “Certified mail” shall mean mail sent through either the United States Postal Service
or the Tribal Inter-Office Certified system that provides proof of delivery and receipt.
(c) “Committee” shall mean the Pardon and Forgiveness Screening Committee.
(d) “Conditions” shall mean a requirement or prerequisite event or activity.
(e) “Conflict of interest” shall mean a conflict between the private interests and the official
responsibilities of the committee member.
(f) “Conviction” shall mean an individual was either found guilty or entered a plea of
guilty or no contest to charges of a crime in any court of competent jurisdiction.
(g) “Court of competent jurisdiction” shall mean any court or forum that has the power
and authority to properly exercise jurisdiction over a dispute or interpret and/or enforce
laws.
(h) “Crime” shall mean any act, default, or conduct punishable as a felony or a
misdemeanor.
(i) “Forgiveness” shall mean the formal and public act of acknowledging or excusing an
individual’s actions or behavior that makes him or her ineligible for Tribal employment,
an occupational license, certification or permit issued by the Tribe, housing through the
Tribe or other Tribal benefit
(j) “Hearing” shall mean a public hearing, a noticed public forum in which an applicant
has an opportunity to present a case for obtaining a pardon or forgiveness from the Tribe.
(k) “Individual” shall mean a Tribal member seeking a pardon for a conviction of a crime,
a Tribal member seeking forgiveness for an act(s) that makes him or her ineligible for
housing with the Tribe or other Tribal benefit(s) or anyone seeking forgiveness for an act(s)
that renders him or her ineligible for employment, an occupational license, certification or
permit issued by the Tribe.
(l) “Family member” shall mean a spouse, child sibling, parent, grandparent, grandchild,
step-parent, step-child, in-law or legal guardian.
(m) “Pardon” shall mean the formal and public act of acknowledging or excusing a Tribal
member’s criminal conviction that makes him or her ineligible for Tribal employment, an
occupational license, a certification or permit issued by the Tribe, housing through the
Tribe, or other Tribal benefit.
(n) “Prominent locations” shall include, but not be limited to, the following: the Tribal
newspaper; at least one (1) local newspaper with regular distribution within the Reservation
boundaries; one (1) regional Indian newspaper; and the Tribe’s official website.
(o) “Restriction” shall mean a limitation or constraint imposed.
(p) “Tribal” or “Tribe” shall mean the Oneida Tribe of Indians of Wisconsin.
(q) “Victim” shall mean a person or entity against whom an offense, either civil or
criminal, has been committed.
126.4. Pardon and Forgiveness Screening Committee Responsibilities
126.4-1. A Committee is hereby created for the purpose of carrying out the provisions of this Law.
126.4-2. Authority. The Committee shall:
1 O.C. 126 – Page 2
39 of 45
(a) promulgate internal standard operating procedures necessary to govern its proceedings;
(b) review and process applications for a pardon or forgiveness in an orderly and
expeditious manner;
(c) review an applicant’s background investigation report received from the Oneida
Human Resources Department;
(d) conduct and preside over hearings;
(e) provide formal, written recommendations to the Oneida Business Committee to
approve or deny a pardon or forgiveness application; and
(f) take other actions reasonably related to the purpose of the Committee.
126.5. Tribal Secretary’s Office Responsibilities
126.5-1. The Tribal Secretary’s Office shall assist the Committee with carrying out the provisions
of this Law and assist individuals in applying for a pardon or forgiveness. The Tribal Secretary’s
Office shall:
(a) create and implement procedures necessary to process pardon and forgiveness
applications.
(b) accept pardon and forgiveness applications.
(c) submit and track requests for a background investigation.
(d) forward pardon and forgiveness applications to the Committee when the background
investigations are complete.
(e) maintain a record of all pardon and forgiveness applications filed, every pardon and
forgiveness request granted or denied, and the reasons for each action.
(f) maintain a complete and accurate record of all proceedings, including all
correspondence, transcripts, documents, evidence, and appearances made in connection
with the applications.
(g) perform other duties in connection with matters under this Law as may be requested
by the Committee.
126.6. Pardon and Forgiveness Eligibility and Application
126.6-1. Eligibility. A Tribal member may receive a pardon for any criminal conviction(s), or a
forgiveness for an act(s) that renders the Tribal member ineligible for housing with the Tribe or
other Tribal benefit(s); and any individual may receive forgiveness for an act(s) that renders the
individual ineligible for Tribal employment, an occupational license, certification or permit issued
by the Tribe.
(a) Upon completion of incarceration, parole, probation and/or deferred prosecution,
Tribal members shall be eligible to apply for a pardon.
(b) One (1) year after an act is committed, or affirmed through the conclusion of any appeal
process, an individual shall be eligible to apply for pardon or forgiveness.
126.6-2. Ineligibility. An individual is ineligible for a pardon or forgiveness if he or she is:
(a) being investigated for an act and if found to have committed such act, would be
ineligible for the benefit he or she is seeking; or
(b) appealing a termination and the termination makes him or her ineligible for the benefit
he or she is seeking; or
(c) currently incarcerated, on parole, probation, and/or under a deferred prosecution
agreement; or
(d) has any outstanding penalties or fines.
126.6-3. Initiating an Application. Applications for a pardon or forgiveness may be obtained from
the Tribal Secretary’s Office or on the Tribal website. Completed applications shall be filed with
1 O.C. 126 – Page 3
40 of 45
the Tribal Secretary’s Office in person, during normal Tribal business hours, or sent by certified
mail to the Tribal Secretary at P.O. Box 365, Oneida, WI 54155.
126.6-4. Required Application Information. Each applicant is responsible for submitting all
required materials and authorizations.
(a) A completed pardon application shall include the following:
(1) a copy of the applicant’s Tribal enrollment card.
(2) a copy or copies of any discharge papers from incarceration or jail.
(3) official verification of any successful completion date of the probation, parole
or deferred prosecution.
(4) any necessary releases for investigations and/or background checks.
(5) any authorizations from a probation officer to release information.
(6) the required non-refundable fee as specified under 126.6.
(7) a personal written statement, including the reason(s) for requesting a pardon
and a description and documentation of the applicant’s efforts towards selfimprovement.
(8) information regarding the conviction(s) for which the applicant is seeking a
pardon, including:
(A) date(s) upon which the crime(s) occurred;
(B) location(s) where the crime(s) occurred;
(C) date(s) of conviction(s); and
(D) jurisdiction(s) which imposed the sentence(s).
(9) verification of attendance or successful completion of any counseling, therapy,
or rehabilitative programs such as anger management or coping skills classes.
(10) letters of reference or support from people well-regarded in the community.
Such letters shall detail the applicant’s accomplishments or contributions to the
community or attest to the applicant’s rehabilitation and trustworthiness. These
may include, but are not limited to:
(A) clergy or other spiritual leaders.
(B) employers and/or community members.
(C) teachers.
(D) organizers of support groups the applicant attends or has attended.
(11) any other information relevant to the applicant’s conviction(s) or rehabilitation
efforts.
(12) proof of payment of all penalties and fines.
(b) A completed forgiveness application shall include the following:
(1) a copy of the applicant’s Tribal enrollment card, if applicable.
(2) the applicant’s employment record prior to the act, if applicable.
(3) the applicant’s background records.
(4) the act that triggered the applicant’s ineligibility.
(5) the impact of the act on the Tribe.
(6) the length of time since the act.
(7) a written statement from the applicant demonstrating remorse for the violation.
(8) two (2) letters of recommendation, with no more than one (1) recommendation
coming from a person who is a family member of the applicant.
(9) the required non-refundable fee as specified under 126.6.
(10) any additional credible and relevant information.
(11) proof of payment of all penalties and fines.
126.6-5. Failure of the applicant to provide a complete application, or any of the required
1 O.C. 126 – Page 4
41 of 45
information and/or materials may result in:
(a) the application being returned with a request for more information; or
(b) the application being removed from consideration; or
(c) denial of a pardon or forgiveness.
126.6-6. Applicant Misrepresentations. Any applicant who misrepresents, omits, or falsifies any
information on the application or during the pardon process shall be denied a pardon. If a pardon
is granted and it is later determined that there is misrepresented or false information, or pertinent
information was purposefully omitted, the Oneida Business Committee shall have the right to
rescind the pardon.
126.7. Fees
126.7-1. Each application shall be accompanied by a non-refundable fee as set by the Oneida
Business Committee in a resolution. Said payment shall be made payable to the Oneida Tribe in
the form of a:
(a) money order; or
(b) cashier’s check; or
(c) intra-tribal purchase document, if a Tribal department or program, such as Social
Services, will be providing the funds for the application fee.
126.8. Hearings
126.8-1. Notice of the Hearing. The Committee shall conduct quarterly hearings and provide
official notice to the applicant by certified mail, including the date, time and location of the
hearing, at least thirty (30) calendar days prior to the hearing. Notice shall also be posted in
prominent locations at least thirty (30) calendar days prior to the hearing. If alternate arrangements
have been made under 126.8-2, notice shall be posted in prominent locations with as much advance
notice as possible and as time permits.
(a) Notice of the hearings scheduled for the year shall be posted on the Tribal website and
periodically in the Tribal newspaper.
(b) Hearings shall take place at a regularly scheduled time and location to be determined
by the Committee and shall be open to the public.
126.8-2. Alternate Hearing Arrangements. Applicants who reside out of the State of Wisconsin
who are unable to attend a hearing may submit a written request by certified mail to the Tribal
Secretary’s Office for alternate arrangements to appear by video conference and/or to reschedule
the hearing date. If alternate arrangements are unavailable, the applicant may withdraw the
application up to three (3) business days prior to the hearing without penalty, and may re-apply for
a pardon at any time.
126.8-3. Failure of Applicant to Attend Hearing. Failure of the applicant to appear at the hearing
may result in the Committee postponing making a determination on the application or
recommending the Oneida Business Committee deny the application.
(a) Applicants with a legitimate reason for failing to appear for a hearing shall have ten
(10) calendar days from the date of the missed hearing to provide documentation to the
Committee. Such documentation may include, but is not limited to; a Doctor’s excuse,
accident/police report, or funeral notice.
126.8-4. Testimony and Notarized Statements. The Committee shall obtain oral testimony at the
hearing from the applicant, and any victims, witnesses or other persons supporting or opposing the
pardon or forgiveness.
(a) Victims, witnesses, and other persons unavailable for a scheduled hearing may submit
a notarized statement for consideration.
1 O.C. 126 – Page 5
42 of 45
(b) The Committee may institute recesses and postponements as they see fit.
(c) The Committee may ask questions at any time during the hearing.
(d) The Committee may require the applicant to provide further documentation.
(1) Within five (5) business days of the hearing, the Committee shall send a written
request by certified mail to the applicant for the additional documentation.
(2) The applicant shall submit the documentation to the Tribal Secretary’s Office
within thirty (30) calendar days after receiving the request for the documentation.
Failure of the applicant to provide any of the required documentation may result in:
(A) the application being removed from consideration; or
(B) denial of the application.
126.8-5. Deliberations and Recommendation. After the hearing, the Committee shall go into
executive session for deliberations.
(a) The Committee shall consider all information gathered from the hearing, the
application, the background investigation, and any testimony or notarized statements when
determining whether to recommend that the application be approved or denied.
(1) The Committee shall be responsible for weighing the appropriateness of
granting a pardon or forgiveness.
(b) Recommendation. After considering the factors provided, the Committee shall make
a decision and compose a formal, written recommendation for each application, including
reasons to approve or deny the application within sixty (60) days after the pardon or
forgiveness hearing. The recommendation, including any dissenting opinions issued by
the Committee shall be forwarded to the Oneida Business Committee within thirty (30)
calendar days after making a decision, along with the following materials for review:
(1) All information from the application and the background investigation;
(2) Any notarized statements submitted;
(3) A proposed draft resolution; and
(4) An audio recording of the hearing, upon request by an Oneida Business
Committee member.
126.9. Conditions and Restrictions
126.9-1. Pardons. Certain convictions may affect a Tribal member’s rights under state or federal
law, or result in restrictions being placed on a Tribal member, regardless of whether a Tribal pardon
has been granted.
(a) Civil Rights. A pardon by the Tribe does not guarantee the restoration of all civil rights,
and each recipient of a Tribal pardon is responsible for determining whether the pardon
affects any non-Tribal restrictions or limitations that may be applicable pursuant to the
conviction.
(b) Employment. Individuals convicted of a crime that is “substantially related” to the care
of another person or animal may be subject to extended or permanent restrictions on
licensing or professional credentials in fields relating to such caretaking. A Tribal pardon
shall not affect these restrictions.
(c) Sex Offender Registry. Receipt of a Tribal pardon shall in no way affect registration,
tracking or other restrictions or obligations imposed upon sex offenders.
(d) Voting Rights. Each state, and the federal government are empowered to determine
whether felons may vote in elections, caucuses, referendums or any other venue dependent
on the votes of citizenry. The granting of a Tribal pardon shall not supersede the rights of
these jurisdictions to determine the eligibility of voters.
126.9-2. Other Restrictions. The Committee’s written recommendation to the Oneida Business
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Committee to approve an applicant’s request for a pardon or forgiveness may also recommend the
Oneida Business Committee impose restrictions on the applicant. If the Committee does not
recommend a restriction, the Oneida Business Committee shall have the authority to place
restrictions on the applicant before approving the pardon or forgiveness request. Restrictions shall
specify the time lines attached to them, which may expand over a period of months, years, or
indefinitely.
(a) Restrictions shall be clearly defined and may include the following:
(1) The applicant is ineligible for a transfer, promotion or job reassignment.
(2) The applicant may be prohibited from:
(A) Handling cash and/or merchandise.
(B) Having Tribal property sign-off authority.
(C) Supervising staff.
(D) Supervising or caring for children or the elderly.
(E) Any other restrictions the Oneida Business Committee determines as
appropriate.
(b) When restrictions are imposed for a period of greater than five (5) years, the applicant
may, after five (5) years, apply to have the restrictions modified or lifted. The request to
modify or lift restrictions will follow the same process required to request a pardon.
(c) The applicant shall sign a written statement describing each restriction, and time period
of such restriction prior to becoming employed by the Tribe.
126.9-3. Conditions. The Committee may also recommend that an applicant requesting a pardon
or forgiveness be required to complete conditions before the applicant is granted the pardon or
forgiveness. If the Committee does not recommend a condition, the Oneida Business Committee
shall have the authority to place conditions on the applicant before approving the pardon or
forgiveness request.
(a) Conditions shall be clearly defined and may include the following:
(1) perform community service hours within a Tribal Department.
(2) payment of restitution to the Tribe.
(3) any other conditions the Oneida Business Committee determines as
appropriate.
126.10. Oneida Business Committee
126.10-1. The Oneida Business Committee shall consider all of the information received by the
Committee prior to making a determination on whether to issue or deny a pardon or forgiveness
application. The Oneida Business Committee may accept, reject or modify the Committee’s
recommendation.
126.10-2. Deliberations. Deliberations by the Oneida Business Committee shall take place in
executive session. The Oneida Business Committee may request, by written notice, that the
applicant be present during the deliberations to provide oral testimony or to answer questions. The
notice shall be provided to the applicant thirty (30) days prior to the deliberations and shall contain
the time, place and date of the deliberations.
126.10-3. Final Decision. The Oneida Business Committee shall issue or deny the pardon or
forgiveness in open session, by resolution, including the reasons therefor and shall include for the
record a clear indication of any decision and shall list the specific crimes to be pardoned or acts to
be forgiven. This decision is final and cannot be appealed. Applicants may be eligible to re-apply
for a pardon or forgiveness one (1) year from the date of the most recent denial of a pardon or
forgiveness.
126.10-4. Notification. Notification of the final decision shall be sent to the applicant from the
1 O.C. 126 – Page 7
44 of 45
Tribal Secretary’s office by certified mail or personally served within ten (10) business days
following the decision. Applicants have a right to documentation of the final decision along with
the resolution, and the reason(s) for the final decision.
126.10-5. Resolution. To grant or deny a pardon or forgiveness, a majority vote of the Oneida
Business Committee is required.
126.10-6. Eligibilities. Unless otherwise directed by the Oneida Business Committee, a pardon
or forgiveness may fully or partially restore some Tribal eligibilities lost as a result of a conviction
or act including:
(a) employment; and/or
(b) an occupational license, certificate or permit; and/or
(c) housing; and/or
(d) other Tribal benefit.
End.
Adopted – BC-2-19-93-I
Adopted – BC-11-13-93-B (Oneida Pardon Procedures Policy)
Adopted – BC-11-24-93-B (Temporary Pardons)
Adopted – BC-7-31-02-A
Adopted – BC-05-25-11-A
Adopted – BC-01-22-14-B
Emergency Adoption – BC-04-28-21-A
Emergency Extended – BC-10-27-21-A (Emergency Expired)
1 O.C. 126 – Page 8
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February 2026
February 2026
March 2026
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MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
Feb 2
3
4
5
6
9:30am Boards,
Committees,
Commissions
amendments - work
meeting with LOC
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Carolyn A. Salutz
8:30am LOC Prep Meeting
(Microsoft Teams
Meeting;
BC_Conf_Room) 9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
1:30pm Canceled: LOC
Work Session
(Microsoft Teams
10
11
12
13
9
12:15pm PUBLIC
MEETING: Budget and
Finances Law
Amendments and
Recycling and Solid
Waste Disposal Law
Amendments
(Microsoft Teams
Meeting;
BC_Conf_Room) - LOC
16
17
10:30am Code of Ethics
Amendments
(Microsoft Teams
Meeting) - Grace L.
Elliott
23
LOC
18
19
20
26
27
1:30pm Boards,
Committee,
Commissions
amendments - work
meeting with LOC
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Carolyn A. Salutz
1:30pm Ten Day Notice
Policy amendments work meeting with LOC
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Carolyn A. Salutz
8:30am LOC Prep Meeting
(Microsoft Teams
Meeting;
BC_Conf_Room) 9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
1:30pm LOC Work
Session (Microsoft
Teams Meeting;
24
25
1
2/13/2026 4:18 PM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.