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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

June 3, 2026

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 20, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business

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

IV.

New Submissions

1. Petition: G. Powless-Buenrostro – Amend the Judiciary Law #2026-01 (pg.

38)

Additions

VI.

Administrative Updates

1. Certification of the Technology Resources Law Rules (pg. 39)

VII.

Executive Session

VIII. Recess/Adjourn

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

May 20, 2026

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen

Unexcused: Marlon Skenandore

Others Present: Grace Elliott, Carolyn Salutz

Others Present on Microsoft Teams: Clorissa Leeman, Ashley Blaker, Chad Fuss, Fawn Cottrell,

Jessalyn Havarth, Kaylynn Biely, Melissa Alvarado, Rae Skenandore, Shannon Stone, David Jordan, Tavia James-Charles, Fawn Billie, Kristal Hill, Sarah White, Ralinda Ninham-Lamberies, Eric

Boulanger, Jason Martinez, Katsitsiyo Danforth

Call to Order and Approval of the Agenda

Jameson Wilson called the May 20, 2026, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jonas Hill to adopt the agenda; seconded by Jennifer Webster. Motion carried

unanimously.

II.

Minutes to be Approved

1. May 6, 2026 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the May 6, 2026, LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Jonas Hill. Motion carried unanimously.

III.

Current Business

1. Elder Protection Law

Motion by Jennifer Webster to approve the public comment review memorandum with

LOC consideration, the updated legislative analysis, and final draft of the Elder Protection

law; seconded by Jonas Hill. Motion carried unanimously.

Motion by Jennifer Webster to approve the fiscal impact statement request memorandum

and direct the Finance Department to provide the LOC with a fiscal impact statement of

the proposed Elder Protection law by June 5, 2026; seconded by Jonas Hill. Motion carried

unanimously.

2. Uniform Commercial Code

Motion by Jennifer Webster to approve the public comment review memorandum, updated

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legislative analysis, and final draft of the Uniform Commercial Code.; seconded by Jonas

Hill. Motion carried unanimously.

Motion by Jennifer Webster to approve the fiscal impact statement request memorandum

and direct the Finance Department to provide the LOC with a fiscal impact statement of

the proposed Uniform Commercial Code by June 19, 2026.; seconded by Jonas Hill. Motion carried unanimously.

3. Eviction and Termination Law Amendments

Motion by Jennifer Webster to approve the updated public comment review memorandum,

draft, and legislative analysis; seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Jennifer Webster to approve the fiscal impact statement request memorandum

with revision to the due date and direct that the Finance Administration provide the LOC a

fiscal impact statement for the proposed Eviction and Termination law amendments by

June 19, 2026; seconded by Jonas Hill. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:19 a.m.; seconded by Jonas Hill. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of May 20, 2026

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

Legislative Operating Committee

June 03, 2026

Pardon and Forgiveness Law

Amendments

Submission Date: 2/5/26

LOC Sponsor: Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on February 18, 2026 at the request

of the Oneida Business Committee to allow flexibility in pardon eligibility when fines prevent

payment.

2/18/26 LOC: Motion by Jennifer Webster to add the Pardon and Forgiveness Law Amendments to

the Active Files List with Jonas Hill as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

2/25/26:

Work Meeting. Present: Kelly McAndrews, Grace Elliott. The purpose of this meeting

was to review attorney McAndrew’s comments on the proposed amendments to the

Pardon and Forgiveness law.

2/27/26:

Work Meeting. Present: Grace Elliott, Peggy VanGheem. The purpose this meeting

was to review attorney VanGheem’s comments on the proposed amendments to the

Pardon and Forgiveness law.

3/4/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Kristal Hill, Fawn Billie, Clorissa Leeman, Grace Elliott.

The purpose of this meeting was to provide an update and complete a read through of

the amendments for LOC review and initial approval to move forward through the

legislative process.

5/14/26:

Public Meeting Held. No individuals provided comment during the public

comment meeting.

5/21/26:

Public Comment Closed. No individuals provided written comments.

Next Steps:

▪ Approve the public comment review memorandum, updated legislative analysis, and final

draft of the proposed Pardon and Forgiveness law amendments.

▪ Approve the Fiscal Impact Statement Request memorandum and direct that the Finance

Department provide the LOC a Fiscal Impact Statement for the proposed Pardon and

Forgiveness law amendments by June 25, 2026.

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Legislative Operating Committee (LOC)

Grace Elliott, Legislative Reference Office, Staff Attorney

June 3, 2026

Pardon and Forgiveness: Public Comment Review

On May 14, 2026, a public meeting was held regarding amendments to the Pardon and Forgiveness

Law. No individuals provided comments during the public meeting. The public comment period

was then held open until May 21, 2026. No individuals submitted comments during the comment

period. This memorandum is submitted as a review of the comments received during the public

comment period. The public meeting draft and public meeting transcript are attached to this

memorandum for review.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Code of Ethics Law Amendments

Pardon and Forgiveness Law Amendments

Norbert Hill Center Business Committee Conference Room and Microsoft Teams

May 14, 2026

12:15 p.m.

Present: Jonas Hill, Grace Elliott, Carolyn Salutz,

Present on Microsoft Teams: Joel Maxam, Terri Schiltz, Ashley Blaker, Jodi Tess, Peggy HelmQuest, Melissa Alverado, Shannon Stone

Jonas Hill: Good afternoon, the time is 12:15 p.m. and today’s date is Thursday, May 14, 2026. I

will now call to order the public meeting for the following two pieces of proposed legislation:

Code of Ethics law amendments, and Pardon and Forgiveness law amendments.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address on the sign in sheet we can ensure you receive

a copy of the public comment review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Thursday,

May 21, 2026.

In attendance from the LOC is myself, Jonas Hill.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five minutes per

person. This time limit shall be applied equally to all persons.

We will now begin today’s public meeting for the two proposed legislative items.

We will be accepting comments on the Code of Ethics law amendments. The purpose of the Code

of Ethics law is to establish clear standards of conduct rooted in the values of the Oneida people,

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LOC Public Meeting Transcript of April 16, 2026

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to guide those entrusted with authority in serving the Nation with honor and responsibility. These

standards reflect the sacred trust between the government and the people, and are intended to

promote integrity, uphold the will of the Nation, and preserve the confidence of the Oneida people.

In a government founded upon the consent of the people, it is the right of the Oneida to expect

loyalty, honesty, and accountability from those who serve. The Code of Ethics law amendments

will:

▪ Update the Code of Ethics to focus exclusively on the Oneida Business Committee, bringing

all expectations for how leaders should conduct themselves into one easy-to-understand law.

▪ Integrate the Great Law of Peace into the ethical foundation, affirming decision-making

grounded in peace, unity, and thoughtful deliberation as cultural mandates for governance.

▪ Ground the ethical framework in the Good Mind teachings, infusing leadership obligations

with humility, compassion, clarity, and community-centered thinking.

▪ Articulate the concept of Sacred Trust, emphasizing leadership as a duty held on behalf of past,

present, and future generations rather than an individual entitlement.

▪ Clarify the definition of “Conflict of Interest” to encompass financial, personal, and political

interests affecting leaders and their immediate families, reinforcing impartial stewardship.

▪ Mandate transparent disclosure of conflicts, ensuring ethical clarity consistent with the Good

Mind’s call for honesty and openness in governance.

▪ Require OBC members to recuse themselves from matters in which conflicts exist, upholding

the Great Law of Peace’s expectation that leaders avoid self-interest.

▪ Implement structured annual and as-needed conflict-of-interest filings, create accountability

mechanisms that reinforce responsible leadership.

▪ Modernize gift and honoraria reporting by increasing financial thresholds and updating

reporting processes to better reflect contemporary governance realities including public

disclosure.

▪ Prohibit acceptance of gifts tied to influence or business advantage, protecting the Nation’s

decision-making from external pressure and maintaining community trust.

▪ Regulate OBC members’ applications for positions that report directly to the Committee,

preventing conflicts before they arise and strengthening procedural fairness.

▪ Safeguard confidential information by restricting its use for personal, financial, or political

benefit, aligning with the Haudenosaunee value of responsible and respectful speech.

▪ Reinforce accountability and transparency as essential qualities of public office, affirming that

OBC authority flows from the people and must remain answerable to them.

▪ Strengthen expectations for meeting attendance, preparation, and professional engagement,

acknowledging that presence and participation are integral to carrying the Sacred Trust.

▪ Codify a comprehensive list of prohibited behaviors including retaliation, discrimination,

misuse of office, and corruption to uphold dignity and protect community confidence in

leadership.

We will also be accepting comments on the Pardon and Forgiveness law amendments. The

purpose of the Pardon and Forgiveness law is to establish a fair, efficient, and formal process

through which individuals may seek relief from certain barriers created by past actions.

Specifically, the Law provides a process for: Tribal members to receive pardons for criminal

convictions or forgiveness for acts that make them ineligible for Tribal housing or Tribal

benefits; and Tribal and non-Tribal individuals to receive forgiveness for acts that make them

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LOC Public Meeting Transcript of May14, 2026

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ineligible for Tribal employment, occupational licenses, certifications, permits, housing, or other

Tribal benefits. The Pardon and Forgiveness law amendments will:

▪

Create an exception allowing applicants with outstanding penalties/fines to proceed- only if

the application is for employment purposes and the applicant meets the requirements for a

conditional waiver.

Establish the full conditional waiver framework, including:

▪ waiver applies only to employment eligibility;

▪ outstanding penalties/fines remain fully enforceable;

▪ mandatory payment agreement (18 months or extended to 3 years if greater than

$5,000);

▪ requirements for Pardon and Forgiveness Committee recommendation;

▪ good-cause exception for missed payments;

▪ grounds for rescission for non-payment.

Allow an applicant proceeding under the conditional waiver (employment-only) to submit

proof of a Pardon and Forgiveness Committee-approved payment agreement instead of proof

of full payment.

Clarify that a pardon or forgiveness does not affect restrictions imposed under the Nation’s

Safe Neighborhoods law, in addition to existing sex-offender requirements.

Require the Oneida Secretary’s Office to monitor payment-related conditions and provide

quarterly reports to the Pardon and Forgiveness Committee; and clarify that monitoring is

solely for eligibility enforcement, not decision-making.

Authorize the OBC to rescind a pardon/forgiveness when a person fails to meet a payment

condition under 126.6-3, with notice and a 30-day cure period; reinstates all prior

ineligibilities.

Those who wish to speak please raise your hand. Please state your name when making a comment,

and which law you are commenting on. First up to speak is…we have nobody in person so if there

is anybody on Teams who would like to speak you can raise your hand…

With there being no more speakers, the public meeting for the Code of Ethics law amendments

and Pardon and Forgiveness law amendments is now closed at 12:26 p.m.

Written comments may be submitted until close of business on Thursday, May 21, 2026.

-End of Meeting-

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LOC Public Meeting Transcript of May14, 2026

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Analysis to Draft 1

2026 06 03

PARDON AND FORGIVENESS

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Legislation or

Amendments

Purpose

Analysis by the Legislative Reference Office

▪ Create an exception allowing applicants with outstanding penalties/fines to

proceed only if the application is for employment purposes and the applicant

meets the requirements for a conditional waiver under 126.6-3. [1 O.C.

126.6-2(d)].

▪ Establish the full conditional waiver framework, including:

▪ waiver applies only to employment eligibility;

▪ outstanding penalties/fines remain fully enforceable;

▪ mandatory payment agreement (18 months or extended to 3 years if

>$5,000);

▪ requirements for Pardon and Forgiveness Committee

recommendation;

▪ good-cause exception for missed payments;

▪ grounds for rescission for non-payment. [1 O.C. 126.6-3].

▪ Allow an applicant proceeding under the conditional waiver

(employment-only) to submit proof of a Pardon and Forgiveness

Committee-approved payment agreement instead of proof of full payment. [1

O.C. 126.6-4(a)(12; 126.6-4(b)(11)].

▪ Clarify that a pardon or forgiveness does not affect restrictions imposed under

the Nation’s Safe Neighborhoods law, in addition to existing sex-offender

requirements. [1 O.C. 126.9-1(c)].

▪ Require the Oneida Secretary’s Office to monitor payment-related conditions

and provide quarterly reports to the Pardon and Forgiveness Committee; and

clarify that monitoring is solely for eligibility enforcement, not decisionmaking. [1 O.C. 126.9-4].

▪ Authorize the OBC to rescind a pardon/forgiveness when a person fails to

meet a payment condition under 126.6-3, with notice and a 30-day cure

period; reinstates all prior ineligibilities. Includes subsections specifying:

▪ rescission is an eligibility action, not an employment action;

▪ notice must be issued per 126.10-4. [1 O.C. 126.10-7].

The purpose of this law is to establish a fair, efficient, and formal process through

which individuals may seek relief from certain barriers created by past actions.

Specifically, the Law provides a process for:

▪ Tribal members to receive pardons for criminal convictions;

▪ Tribal members to receive forgiveness for acts that make them ineligible for

Tribal housing or other Tribal benefits; and

▪ Tribal and non-Tribal individuals to receive forgiveness for acts that make them

ineligible for Tribal employment, occupational licenses, certifications, permits,

housing, or other Tribal benefits [1 O.C. 126.1-1(a)].

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Analysis to Draft 1

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Affected Entities

Related Legislation

Enforcement

Due Process

The Law further aims to ensure that decisions on pardons and forgiveness are made

based on demonstrated rehabilitation, trustworthiness, and commitment to lawful

behavior. It clarifies that a pardon or forgiveness does not override obligations

imposed by other jurisdictions and does not permit employment in occupations

where individuals are legally disqualified [1 O.C. 126.1-2].

Oneida Business Committee; Office of the Oneida Secretary (records); Pardon and

Forgiveness Committee, Oneida community members.

Personnel, Policies, and Procedures; Safe Neighborhoods.

▪ Individuals may be automatically ineligible if they are under investigation,

appealing a termination, incarcerated, or have outstanding penalties/fines,

unless they qualify for the employment-only conditional waiver under 126.6-3

[1 O.C. 126.6-2].

▪ Applications may be denied, returned, or removed if incomplete, and

misrepresentation can result in denial or later rescission of a granted pardon or

forgiveness [1 O.C. 126.6-5–6].

▪ Failure to appear at a hearing allows the Committee to postpone action or

recommend denial if documentation is not provided within ten (10) days [1

O.C. 126.8-3].

▪ After relief is granted, the OBC or Committee may impose conditions (e.g.,

restitution, community service) and restrictions on employment or other

benefits, and applicants must comply to retain restored eligibilities [1 O.C.

126.9-2–3].

▪ The Secretary’s Office must monitor compliance with payment conditions and

submit quarterly reports under the new monitoring requirement [1 O.C.

126.9-4].

▪ The OBC may rescind a pardon, forgiveness, or conditional waiver for failure

to meet payment obligations, reinstating all prior ineligibilities after notice and

a 30-day cure period [1 O.C. 126.10-7].

The Pardon and Forgiveness Law provides several due process protections to ensure

that applicants receive fair treatment throughout the pardon or forgiveness process.

Applicants have the right to a public hearing with at least thirty (30) days’ notice

sent by certified mail and posted in prominent locations, giving them adequate time

to prepare [1 O.C. 126.8-1]. They also have the ability to request alternate

arrangements, such as appearing by video conference, when residing outside

Wisconsin or when attendance is otherwise impractical—thus ensuring access to

participation even when physical presence is difficult [1 O.C. 126.8-2]. During the

hearing, applicants may provide oral testimony, submit documents, and respond to

questions; victims and witnesses may also participate directly or through notarized

statements, supporting transparency and full consideration of relevant information

[1 O.C. 126.8-4]. Due process is also reinforced by allowing applicants ten (10)

days to provide documentation if they miss a hearing for legitimate reasons,

preventing automatic denial without an opportunity to be heard [1 O.C. 126.8-3].

After the hearing, due process continues through structured, accountable

decision-making requirements. The Committee must deliberate in executive session

and issue a formal written recommendation explaining the reasons for approval or

denial, which is forwarded to the Oneida Business Committee (OBC) with all

supporting materials [1 O.C. 126.8-5]. The OBC must then make the final decision

by resolution in open session, including the reasons for the decision and a listing of

the specific crimes pardoned or acts forgiven, ensuring a clear and reviewable

record [1 O.C. 126.10-3]. Applicants must receive written notice of the final

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Analysis to Draft 1

2026 06 03

Public Meeting

Fiscal Impact

decision within ten (10) business days [1 O.C. 126.10-4]. Even in rescission

proceedings—added through these proposed amendments—individuals are entitled

to notice and thirty (30) days to provide proof of compliance before the OBC may

revoke a pardon, forgiveness, or conditional waiver, preserving fundamental

fairness before any loss of eligibility occurs [1 O.C. 126.10-7]. Collectively, these

provisions embed procedural fairness at each stage and ensure that decisions

affecting rights and opportunities are made transparently, with meaningful

opportunities for participation.

A public meeting was held on May 14, 2026. No individuals provided comments

during the meeting. The public comment period closed on May 21, 2026 and no

individuals submitted written comments.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Pardon and Forgiveness law was previously adopted and amended as follows:

Resolution BC-05-25-11- A and amended by Resolution BC-01-22-14-B.

B. Request for Amendments. The Pardon and Forgiveness law was added to the Active Files List on

February 18, 2026 at the request of the Oneida Business Committee.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Pardon and Forgiveness Committee and

▪ Oneida Law Office;

The following laws of the Nation were reviewed in the drafting of this analysis:

▪ Personnel, Policies, and Procedures, and

▪ Safe Neighborhoods.

SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On February 18, 2026, the Legislative Operating Committee added this Law to its Active Files

List for amendments.

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

regarding the development of the amendments to this law:

▪ February 25, 2026: LRO work session with Oneida Law Office.

▪ February 27, 2026: LRO work session with Oneida Law Office.

▪ March 4, 2026: LOC work session.

▪ Additionally, several email communications with the Pardon and Forgiveness Committee

occurred between February 23, 2026 and February 26, 2026.

▪ May14, 2026: Public comment meeting held. No individuals provided comments.

▪ May21, 2026: Public comment period closed with no individuals providing written comments.

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Analysis to Draft 1

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SECTION 5. CONTENTS OF THE LEGISLATION

▪

Definitions. The proposed amendments add and expand several definitions to support the new

conditional-waiver and rescission procedures. Definitions are added or amended for the following

terms: Conditional Waiver [1 O.C. 126.3-1(d)], Employment Purposes [1 O.C. 126.3-1(j)],

Outstanding Penalties, Fines, or Other Debts (expanded) [1 O.C. 126.3-1(o)] and Rescind [1 O.C.

126.3-1(r)].

▪ Effect. Updating and expanding these definitions clarifies key concepts governing eligibility,

outstanding debts, employment-only applications, and rescission. These changes enhance

clarity in the Law, reduce ambiguity, and ensure consistent interpretation. They also support

the new conditional-waiver process by clearly defining the terms used to determine when an

applicant may be considered despite outstanding financial obligations. Definitions strengthen

procedural transparency and ensure parties understand the meaning and implications of new

mechanisms introduced in later sections.

Good mind and Sacred Trust Framework. The proposed amendments incorporate the Good Mind

teachings directly into the ethical foundation of the law. These teachings — including Kahletsyaḻlésla

(encouraging the best in each other), Kanolukhwát^sla (compassion and identity), Kaʔnikuhli.yo̱

(openness of spirit), Kaʔtshatst^sla (strength of vision), Kalihwi.yo̱ (good words), Twahwahtsilay̱ʌ́ (we

are all family), and Yukwatsistay̱ʌ́ (the fire within) — are identified as core expectations for OBC

members. [1 O.C. 126.1-2].

▪ Effect. This change re-roots the Code in Oneida cultural teachings, reinforcing that ethical

leadership is not merely procedural but spiritual, relational, and reflective of ancestral values.

It supports community understanding that leaders are called to uphold balance, compassion,

truth, and unity when carrying out their responsibilities.

Eligibility Exception for Employment-Only Applications. The proposed amendments create a narrow

eligibility exception allowing applicants with outstanding penalties or fines to proceed when the

application is made solely for employment purposes and the individual qualifies for a conditional

waiver. [1 O.C. 126.6-2(d)].

▪ Effect. This amendment allows individuals whose only barrier to employment eligibility is

unpaid financial obligations to have their applications considered, provided they enter an

approved payment plan under Section 126.6-3. This improves fairness by recognizing that

individuals may be employable even if they have outstanding debts, while still requiring

accountability for repayment. The effect is not to forgive any fines but to allow the employment

review to proceed under structured conditions.

Creation of Conditional Waiver Framework. The proposed amendments to the Law create A new

section—Conditional Waiver—is created to establish detailed requirements for when the Committee

may recommend an exception to ineligibility. This section includes: criteria for eligibility; required

written payment agreements; standard and extended repayment timelines; mandatory conditions

under Section 126.9-3; a good-cause exception for missed payments; and provisions linking

non-payment to rescission under Section 126.10-7.[1 O.C. 126.6-3].

▪ Effect. The new Conditional Waiver provides an avenue for employment eligibility without

altering or forgiving unpaid penalties or fines. It creates a structured, accountability-focused

mechanism to allow hiring while requiring applicants to demonstrate good-faith repayment

efforts. The framework strengthens the Law by promoting economic stability and

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Analysis to Draft 1

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▪

rehabilitation, while maintaining the integrity of outstanding obligations. The effect is to

balance individual opportunity with responsibility through a regulated and enforceable process.

Application Documentation Modified. The proposed amendments to the Law allow applicants

proceeding under the Conditional Waiver to submit proof of a Committee-approved payment agreement

in place of proof of full payment of penalties or fines. [1 O.C. 126.6-4(a)(12)], [1 O.C. 126.6-4(b)(11)].

▪ Effect. These amendments align application requirements with the new Conditional

Waiver process, ensuring applicants are not excluded solely because they have not yet

completed repayment. This supports accessibility and ensures consistency in how

employment-only applications are processed under the amended eligibility structure.

▪

Sex-Offender Restrictions Clarified. The proposed amendments to the Law specify that a Tribal pardon

does not affect registration, tracking, or other restrictions, including those imposed under the Nation’s

Safe Neighborhoods law. [1 O.C. 126.9-1(c)].

▪ Effect. This change reinforces public-safety protections by ensuring that pardons do not

override legal obligations associated with sex-offender status. It clarifies the continuing

applicability of safety-related restrictions and prevents misinterpretation regarding the impact

of a Tribal pardon.

Monitoring Requirements Added. The proposed amendments to the Law require the Tribal Secretary’s

Office to monitor compliance with payment-related conditions and provide quarterly reports to the

Committee. [1 O.C. 126.9-4].

▪ Effect. This amendment institutionalizes oversight of repayment obligations associated with

conditional waivers. By assigning an office to track compliance, the Law ensures consistent

enforcement, enhances accountability, and supports the OBC’s ability to determine when

rescission is warranted.

Rescission for Non-Payment Codified. The proposed amendments to the Law authorizes the OBC to

rescind a pardon or forgiveness when an individual fails to meet payment conditions imposed under

126.6-3, after notice and a 30-day opportunity to cure. [1 O.C. 126.10-7].

▪ Effect. This amendment establishes a clear legal mechanism for restoring prior ineligibilities

when an individual does not comply with repayment requirements. It ensures the Conditional

Waiver system is enforceable, protects the integrity of eligibility standards, and prevents

misuse of the waiver process. It also clarifies that rescission is an eligibility action, not an

employment disciplinary action.

SECTION 6. EXISTING LEGISLATION

A. Related legislation. The following laws of the Nation are related to the proposed amendments to this

Law:

▪ Personnel, Policies and Procedures. The purpose of the Personnel, Policies and Procedures

law is to provide employees with a ready source of information about employee related Oneida

Nation policies and procedures. The law addresses recruiting, selection policy, compensation and

benefits, employee relations, safety and health, program/enterprise rules and regulations,

recordkeeping, and privacy and confidentiality of employee records.

▪

The proposed amendments to the Pardon and Forgiveness law establish a narrow

eligibility exception for applications made solely for employment purposes, allowing

individuals with outstanding fines or penalties to proceed if they qualify for a conditional

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Analysis to Draft 1

2026 06 03

▪

waiver under [1 O.C. 126.6(2)(d)]. This change applies only where unpaid financial

obligations are the individual’s sole barrier to employment and requires participation in

an approved payment plan pursuant to [1 O.C. 126.6(3)]. The amendments do not forgive

or eliminate any fines or penalties; rather, they allow employment-related applications to

move forward under structured conditions that maintain accountability while preventing

financial barriers from permanently excluding otherwise qualified individuals from

employment.

Safe Neighborhoods law. The purpose of the Safe Neighborhoods law is not to impose a criminal

penalty but rather to serve the Nation’s compelling interest to promote, protect, and improve the health, safety,

and welfare of the reservation population by prohibiting sex offenders from loitering or residing in specified

areas around locations where vulnerable populations, including children, regularly congregate. This law

recognizes the right of sex offenders to reenter the community. Therefore, through this law the Nation balances

its responsibility to sex offenders with its responsibility to protect the surrounding community by promoting

regulatory measures which provide protections for the community that do not wholly prohibit sex offenders

from being part of this community. [3 O.C. 310.1-1]. It is the underlying policy of the law that due to the high

rate of recidivism for sex offenders, the Nation declares that sex offenders are a serious threat to the public

safety of vulnerable populations, including children, if regulatory measures are not in place that protect the

community by reducing opportunity and temptation by prohibiting sex offenders from being present on or

residing in specified areas designated as places where vulnerable populations commonly congregate. [3 O.C.

310.1-2].

▪ The proposed amendments to the Pardon and Forgiveness law are narrowly tailored and

apply solely to employment-related purposes. These amendments do not alter, limit, or

affect the Safe Neighborhoods law in any way. All protections and provisions of the Safe

Neighborhoods law remain fully in effect.

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

▪

The Pardon and Forgiveness Law enforces compliance through a combination of

eligibility controls, application requirements, hearing enforcement, and post-relief

oversight. Individuals may be deemed automatically ineligible if they are under

investigation, appealing a termination, incarcerated, or have outstanding penalties or

fines, unless they qualify for the employment-only conditional waiver under 126.6-3 [1

O.C. 126.6-2]. Applicants who fail to provide complete information or who misrepresent

facts may have their applications denied, returned, or removed from consideration, and

misrepresentation discovered after a pardon is granted may result in rescission [1 O.C.

126.6-5–6]. Hearing attendance is enforced by authorizing the Committee to postpone a

determination or recommend denial if the applicant does not appear and does not provide

valid documentation within ten days [1 O.C. 126.8-3].

Once a pardon, forgiveness, or conditional waiver is granted, the Law enforces continued

compliance through conditions, restrictions, monitoring, and rescission. The Oneida

Business Committee or the Screening Committee may impose restrictions on

employment or other Tribal benefits, or conditions such as restitution or community

service, and applicants must comply with these terms to retain their restored eligibilities

[1 O.C. 126.9-2–3]. Under the newly added monitoring requirement, the Tribal

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Analysis to Draft 1

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Secretary’s Office must track compliance with payment-related conditions and provide

quarterly reports to the Committee [1 O.C. 126.9-4]. The Law’s strongest enforcement

tool is the rescission authority, which allows the OBC to revoke a conditional waiver,

pardon, or forgiveness if an individual fails to meet payment conditions, reinstating all

prior ineligibilities after proper notice and opportunity to cure [1 O.C. 126.10-7].

SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-1028-20-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 directed that a fiscal impact be

completed.

Page 7 of 7

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Draft 1 (Redline)

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Title 1. Government and Finances - Chapter 126

PARDON AND FORGIVENESS

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

of what they will be free of matter

126.1. Purpose and Policy

126.2. Adoption, Amendment, Conflicts

126.3. Definitions

126.4. Pardon and Forgiveness Screening Committee

Responsibilities

126.5. Tribal Secretary’s Office Responsibilities

126.6. Pardon and Forgiveness Eligibility and Application

126.7. Fees

126.8. Hearings

126.9. Conditions and Restrictions

126.10. Oneida Business Committee

126.1. Purpose and Policy

126.1-1. Purpose.

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

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

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

ineligible for housing with the Tribe or other Tribal benefits.

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

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

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

Tribal benefit.

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

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

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

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

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

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

employment of individuals who are otherwise disqualified for employment from certain

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

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

In carrying out this policy, the Nation upholds and reflects the core values of The Good Mind as

expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

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 ResolutionResolutions BC-01-22-14-B, and BC-XX-XX-XX-X.

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

1 O.C. 126 – Page 1

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Business Committee or the Oneida General Tribal Council.

126.2-3. Should a provision of this Law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this Law which are considered

to have legal force without the invalid portions.

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

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

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

Pardon Ordinance.

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

of Wisconsin.

126.3. Definitions

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 meanmeans an individual who is applying for a pardon or forgiveness

from the Tribe.

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

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

receipt.

(d) “Conditional Waiver” means a temporary exception to the ineligibility criteria under

section 126.6-2(d) for employment-related application; it does not constitute a pardon or

forgiveness and does not alter, waive, or satisfy any outstanding monetary obligation.

(e) “Conditions” shall meanmeans a requirement or prerequisite event or activity.

(ef) “Conflict of interest” shall meanmeans a conflict between the private interests and the

official responsibilities of the committee member.

(fg) “Conviction” shall meanmeans 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.

(gh) “Court of competent jurisdiction” shall meanmeans any court or forum that has the

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

enforce laws.

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

misdemeanor.

(i) “(j) “Employment purposes” means seeking eligibility for employment with the Nation

or to remove a bar to continued employment with the Nation, including positions subject

to background eligibility determinations.

(k) “Forgiveness” shall meanmeans 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

(jl) “Hearing” shall meanmeans 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.

(km) “Individual” shall meanmeans 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.

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(ln) “Family member” shall meanmeans a spouse, child sibling, parent, grandparent,

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

(m) “Pardon” shall mean(o) “Outstanding penalties, fines, or other debts” means any

unpaid monetary obligations owed to the Nation or arising from any Tribal, State, Federal,

or Municipal court order, judgement, stipulation, or payment requirement, including but

not limited to penalties, fines, fees, repayment obligations, or court-ordered financial

conditions that are due and payable.

(p) “Pardon” means 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.

(nq) “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.

(or) “Rescind” means to formally revoke, cancel, or withdraw a previously granted pardon

or forgiveness through Oneida Business Committee resolution, thereby restoring all prior

ineligibilities and returning the applicant to the status that existed before the pardon or

forgiveness was granted.

(s) “Restriction” shall meanmeans a limitation or constraint imposed.

(pt) “Tribal” or “Tribe” shall meanmeans the Oneida Tribe of Indians of Wisconsin.

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

criminal, has been committed.

126.4. Pardon and Forgiveness Screening Committee Responsibilities

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

126.4-2. Authority. The Committee shall:

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

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

expeditious manner;

Human Resources Department;

(d) conduct and preside over hearings;

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

approve or deny a pardon or forgiveness application; and

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

126.5. Tribal Secretary’s Office Responsibilities

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

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

Office shall:

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

applications.

(b) accept pardon and forgiveness applications.

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

investigations are complete.

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

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

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

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

with the applications.

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

by the Committee.

126.6. Pardon and Forgiveness Eligibility and Application

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

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

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

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

by the Tribe.

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

Tribal members shall be eligible to apply for a pardon.

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

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

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

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

ineligible for the benefit he or she is seeking; or

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

he or she is seeking; or

agreement; or

(d) has any outstanding penalties or fines.; however, this paragraph does not apply to

an application made solely for employment purposes under Section 126.1-1(a)(3) when

outstanding penalties or fines are the only unmet eligibility requirement and the applicant

qualifies for a conditional waiver under Section 126.6-3.

126.6-3. Conditional Waiver. A conditional waiver is not a pardon or forgiveness and does not

waive or reduce any penalties, fines, or debts owed to the Nation or any other government. It

temporarily lifts the employment-related ineligibility under Section 126.6-2(d) solely for the

purpose of allowing an applicant to be considered for employment with the Nation. The conditional

waiver exists only within the Committee’s authority to recommend an exception to eligibility

requirements; it does not authorize the Nation to negotiate, modify, or forgive financial obligations

imposed by any court or governmental body.

(a) The Committee may recommend approval despite Section 126.6-2(d) only when:

(i) the application is solely for employment purposes as defined in Section 126.31(j);

(ii) outstanding penalties or fines are the sole basis for ineligibility; and

(iii) the applicant enters a written payment agreement with the Pardon and

Forgiveness Committee requiring full payment within eighteen (18) months from

the OBC resolution date. A payment agreement under this section may consist of

any documentation demonstrating how the applicant will satisfy the outstanding

obligation and does not require negotiation, approval, or participation from any

Tribal, State, Federal, or Municipal government. The payment agreement functions

solely as evidence that the applicant is actively addressing the eligibility condition

and is not an agreement between the Nation and any outside jurisdiction.

(b) Any recommendation under this section shall include a mandatory condition under

Section 126.9-3(a) requiring full payment within eighteen (18) months and compliance

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with an approved installment plan.

Section 126.10-7 and immediate reinstatement of prior ineligibility.

(d) Nothing in this section authorizes the Committee to forgive, modify, reduce, or

negotiate penalties or fines imposed by any government; the waiver pertains only to

employment eligibility with the Nation.

(e) Exception for Larger Outstanding Obligations. Notwithstanding Section 126.6-3(a)(iii)

and 126.6-3(b), the Committee may recommend a conditional waiver under the following

extended timeframes, based on the total amount of outstanding penalties or fines:

i. Obligations of five thousand dollars ($5,000) or less. The applicant may be

granted up to eighteen (18) months from the OBC resolution date to satisfy the

outstanding obligation, provided all other requirements of this section are met.

ii. Obligations greater than five thousand dollars ($5,000). The applicant may be

granted up to three (3) years from the OBC resolution date to satisfy the

outstanding obligation provided:

(A) the applicant submits a written payment plan demonstrating the ability

to complete payment within the extended period;

(B) the Committee determines that the extended timeframe is necessary to

prevent unreasonable hardship; and

plan.

(f) Good-Cause Exception for Missed Payment. A missed payment under an approved

repayment plan may be excused upon a finding of good cause, provided that:

i. The applicant submits a written explanation within thirty (30) days of the missed

payment;

ii. The Committee determines that the missed payment resulted from good cause,

which may include but is not limited to unforeseen medical emergencies, loss of

income, or other significant and verifiable circumstances; and

iii. The applicant resumes payment under a revised schedule approved by the

Committee within thirty (30) days of the good-cause determination.

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

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

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pardon, including:

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

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

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

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

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

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

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

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

may include, but are not limited to:

(A) clergy or other spiritual leaders.

(B) employers and/or community members.

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

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

efforts.

(12) proof of payment of all penalties and fines. For application proceeding under

Section 126.6-3, proof of a Committee-approved payment agreement satisfies the

requirement to document outstanding penalties or 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. For application proceeding under

Section 126.6-3, proof of a Committee-approved payment agreement satisfies the

requirement to document outstanding penalties or fines.

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

information and/or materials may result in:

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

(b) the application being removed from consideration; or

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

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

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

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

rescind the pardon.

126.7. Fees

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

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

the form of a:

(a) money order; or

(b) cashier’s check; or

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

126.8. Hearings

126.8-1. 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.

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

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

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

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

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

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

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

(A) the application being removed from consideration; or

(B) denial of the application.

126.8-5. Deliberations and Recommendation. After the hearing, the Committee shall go into

executive session for deliberations.

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(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.

tracking or other restrictions or obligations imposed upon sex offenders, including any

restrictions imposed through the Nation’s Safe Neighborhoods law.

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

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

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

these jurisdictions to determine the eligibility of voters.

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

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

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

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

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

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

indefinitely.

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

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

(2) The applicant may be prohibited from:

(A) Handling cash and/or merchandise.

(B) Having Tribal property sign-off authority.

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

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

appropriate.

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

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

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

of such restriction prior to becoming employed by the Tribe.

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

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

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

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

forgiveness request.

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

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

(2) payment of restitution to the Tribe.

(3) any other conditions the Oneida Business Committee determines

appropriate.

126.9-4. Monitoring. The Tribal Secretary’s Office shall monitor compliance with all

payment-related conditions and provide quarterly status reports to the Committee until those

conditions have been fully satisfied. Monitoring payment conditions is an integral component of

enforcing eligibility requirements and does not constitute a ministerial or administrative processing

function of the Secretary’s Office. The Secretary’s Office conducts this monitoring solely to

determine whether the required eligibility conditions have been met and does not exercise

decision-making authority regarding eligibility determinations or the continuation of any

conditional waiver.

126.10. Oneida Business Committee

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

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

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

recommendation.

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

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

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

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

the time, place and date of the deliberations.

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

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

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

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

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

forgiveness.

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

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

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

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

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

Business Committee is required.

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

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

or act including:

(a) employment; and/or

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

(d) other Tribal benefit.

126.10-7. Recission for non-payment. If an individual does not satisfy a payment condition

imposed under Section 126.6-3, the OBC may rescind the pardon or forgiveness by resolution.

Before rescission occurs, the individual shall receive notice and be given thirty (30) days from the

date of that notice to provide proof of payment or otherwise demonstrate compliance. If the

individual does not provide such proof within the thirty-day period, the OBC may proceed with

rescission. Upon rescission, all prior ineligibilities are reinstated.

(a) For the purposes of this section, “individual” means a person who has been granted a

conditional waiver under Section 126.6-3.

(b) Rescission is a determination of eligibility status under this Law and is not an

employment action. Any employment related consequences are processed separately under

applicable personnel policies.

accordance with Section 126.10-4.

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)

Amended – BC-XX-XX-XX-X

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