# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2e905217fd30b777 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 105 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 February 3, 2021 9:00 a.m. This Legislative Operating Committee meeting will be closed to the public due to the Public Health State of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording of the meeting will be made available on the Nation’s website. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. January 20, 2021 LOC Meeting Minutes (pg. 2) III. Current Business 1. Community Support Fund Law Amendments (pg. 4) 2. Emergency Management and Homeland Security Law Amendments (pg. 41) 3. Oneida General Welfare Law Emergency Amendments (pg. 79) IV. New Submissions 1. Audit Committee Bylaws Amendments (pg. 99) V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 105 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center January 20, 2021 9:00 a.m. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King Others Present: Clorissa N. Santiago, Kristen Hooker, Aliskwet Ellis, Rhiannon Metoxen, Kristal Hill I. Call to Order and Approval of the Agenda David Jordan called the January 20, 2021, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Summers to adopt the agenda; seconded by Daniel Guzman King. Motion carried unanimously. II. Minutes to be Approved 1. December 16, 2020 LOC Meeting Minutes Motion by Kirby Metoxen to approve the December 16, 2020 LOC meeting minutes and forward to the Business Committee for consideration; seconded by Jennifer Webster. Motion carried unanimously. III. Current Business 1. Community Support Fund Law Amendments Motion by Jennifer Webster to accept the public comments and public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 2. Emergency Management and Homeland Security Law Amendments Motion by Jennifer Webster to accept the public comments and public comment review memorandum and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion carried unanimously. 3. Oneida Nation Emergency Planning Committee Bylaws Amendments Motion by Jennifer Webster to accept the Oneida Nation Emergency Planning Committee bylaws amendments and legislative analysis and forward to the Oneida Business Committee for consideration with all of the requested changes from Kaylynn Gresham being added except as follows: (1) that the area representative membership qualification section be revised to only allow one area representative to be exempt from the requirement that they be a member of the Oneida Nation; and (2) that the residential restriction set forth in the qualification section of the bylaws be deleted in its entirety; seconded by Kirby Metoxen. Motion carried unanimously. IV. New Submissions A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of January 20, 2021 Page 1 of 2 ~ ONEIDA 3 of 105 V. Additions VI. Administrative Items 1. Landlord-Tenant Law Rule No. 2 Income Based Rental Program Eligibility, Selection and Other Requirements: Emergency Amendments Motion by Jennifer Webster to certify the emergency amendment to Landlord-Tenant Law Rule No. 2 and forward to the Oneida Business Committee for consideration.; seconded by Marie Summers. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Daniel Guzman King to adjourn at 9:30 a.m.; seconded by Kirby Metoxen. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of January 20, 2021 Page 2 of 2 4 of 105 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee February 3, 2021 Community Support Fund Law Amendments Submission Date: 10/7/20 Public Meeting: Due to the COVID-19 pandemic, public meetings were suspended by declaration of the Nation’s COVID-19 Core Decision Making Team. A public comment period was still offered in accordance with the Legislative Procedures Act and held open until 1/13/20. LOC Sponsor: David P. Jordan Emergency Enacted: N/A Summary: On September 2, 20210, the Governmental Services Division Director, on behalf of Economic Support, submitted a request for amendments to be made to the Community Support Fund law to take the requirement for income verification out of the Law, since none of the Community Support Fund Law Rules review income as a basis for program eligibility. The request also identified various potential amendments to the Community Support Fund Law Rule Handbook. 10/7/20 LOC: Motion by Jennifer Webster to add the Community Support Fund Law Amendments to the Active Files List with David Jordan as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 10/15/20: Work Meeting. Present: Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret Kruse. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to read through the Community Support Fund law line by line and discuss any potential amendments that should be made to the law. The Administrative Rulemaking process was also discussed since the Economic Support Department will also be seeking amendments to the Community Support Fund Law Rule Handbook. 10/21/20: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the draft of suggested amendments by the Economic Support Department. 10/29/20: Work Meeting. Present: Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret Kruse, Kristen Hooker, Rhiannon Metoxen, Kristal Hill, James Petitjean. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review with Economic Support issues that the LOC determined during the October 21, 2020, work meeting that they wanted more information and clarity on. Page 1 of 2 5 of 105 12/2/20 LOC: Motion by Jennifer Webster to accept the Community Support Fund law amendments draft and legislative analysis, and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 12/2/20: Work Meeting. Present: Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to answer any questions the LOC may have had regarding the proposed amendments and legislative analysis since the drafting attorney was unable to attend the LOC meeting due to quarantine. 12/16/20 LOC: Motion by Daniel Guzman King to approve the Community Support Fund law amendments public comment period packet and forward the Community Support Fund law amendments to a public comment period to be held open until January 13, 2021; seconded by Kirby Metoxen. Motion carried unanimously. 1/13/21: Public Comment Period Closes. One (1) submission of written comments was received during the public comment period. 1/20/21 LOC: Motion by Jennifer Webster to accept the public comments and public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 1/20/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Clorissa N. Santiago, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and consider the written comments that were received during the public comment period. Next Steps:  Accept the updated public comment review memorandum, draft law and legislative analysis.  Approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by February 17, 2021. Page 2 of 2 6 of 105 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54115-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Legislative Operating Committee (LOC) Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney February 3, 2021 Community Support Fund Law Amendments: Public Comment Review with LOC Consideration A public comment period for the proposed amendments to the Community Support Fund law (“the Law”) was held open until January 13, 2021. A public meeting for the proposed amendments to this Law was not held due to the COVID-19 pandemic. On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allowed the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. The Oneida Business Committee has extended this Public Health State of Emergency until February 11, 2021, through the adoption of the following resolutions: BC-03-2620-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A. On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although the Nation’s COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration suspended public meetings and therefore no public meeting was scheduled for the amendments to the Community Support Fund law, on December 16, 2020, the Legislative Operating Committee direct that a public comment period be held open until January 13, 2021, to allow members of the community an opportunity to provide written submissions of comments or questions to the Legislative Operating Committee through email. On January 20, 2020, the Legislative Operating Committee reviewed and considered all public comments that were received. This memorandum is submitted as the Legislative Operating Committee’s review and consideration of the written comments received within the public comment period. Comment 1 – Definition of Fund Operator: 125.3. Definitions Page 1 of 3 7 of 105 125.3-1. 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. (i) “Fund Operator” means the Economic Support Services Department, or other area within the Governmental Services Division designated authority over the operation of the Fund. Susan House (written): Hello, I am only suggesting one change from “area” to “department”. It just helps to clarify because we do have Area Managers still in the organization, HRD has its interpretation of Area Manager levels, so changing to department just helps to clarify. I added my comments in blue. Clip of Comments from Legislative Analysis Clip of Comments from Redline Draft Clip of Comments from Clean Draft Response The commenter suggests that the definition of “Fund Operator” be revised so that it states that the Fund Operator means the Economic Support Services Department, or other department within the Governmental Services Division designated authority over the operation of the Fund, instead of other area within the Governmental Services Division. The commenter makes this recommendation in an effort to avoid confusion with area managers in the Governmental Services Division. It is recommended that the Legislative Operating Committee make the following revision to the draft based on this comment: Page 2 of 3 8 of 105 125.3-1. 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. (i) “Fund Operator” means the Economic Support Services Department, or other area department within the Governmental Services Division designated authority over the operation of the Fund. LOC Consideration The Legislative Operating Committee determined that the definition for Fund Operator should be revised to replace the term “area” with “department” to avoid any unnecessary confusion. The Legislative Operating Committee directed that the following revision be made to the law: 125.3-1. 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. (i) “Fund Operator” means the Economic Support Services Department, or other area department within the Governmental Services Division designated authority over the operation of the Fund. Page 3 of 3 9 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 Title 1. Government and Finances – Chapter 125 Kaya>takenh@sla tsi> niyukwana=t@y< It is helpful where our community lays COMMUNITY SUPPORT FUND 125.1. Purpose and Policy 125.2. Adoption, Amendment, Repeal 125.3. Definitions 125.4. Responsibilities, Eligibility and Qualifications 125.5. Priorities for Consideration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 125.6. Items Covered by the Fund 125.7. Items not Covered by the Fund 125.8. Application Requirements 125.9. Decision and Appeal 125.1. Purpose and Policy 125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency event when no other resources for assistance exist. 125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a catastrophic event, catastrophic illness or injury, or emergency event, when there is no other assistance available or all other assistance has been exhausted. 125.2. Adoption, Amendment, Repeal 125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-__-____-__. 125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 125.2-3. 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. 125.2-4. 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. 125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 125.3. Definitions 125.3-1. 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” means the subject of the application for assistance. (b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays of the Nation. (c) “Case manager” means an employee within the Fund Operator responsible for administering Fund benefits. (d) “Catastrophic event” means a natural or man-made incident, which results in substantial damage or loss requiring major financial resources to repair or recover, including, but not limited to, a house fire, tornado, flood, or other disaster. (e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment, or physical or mental condition that involves: (1) In-patient care; (2) A period of continuing treatment due to a chronic serious health condition, including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly 1 O.C. 125 – Page 1 10 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 therapy resulting from trauma; (3) A period of illness or injury that is long-term due to a condition for which treatment may be ineffective, including, but not limited to, stroke or terminal disease; or (4) Multiple treatments either for restorative surgery after an accident or other injury, or for a chronic condition, including, but not limited to, cancer or kidney disease. (f) “Emergency event” means a situation that poses an immediate risk to health, life, safety, property, or environment. Emergencies require urgent intervention to prevent further illness, injury, death, or other worsening of the situation. (g) “Emergency medical travel” means an unexpected serious health situation or occurrence, requiring the immediate presence of immediate family, including, but not limited to, end of life situation or life support. (h) “Fund” means the Community Support Fund. (i) “Fund Operator” means the Economic Support Services Department, or other areadepartment within the Governmental Services Division designated authority over the operation of the Fund. (j) “Immediate family” means an applicant’s husband, wife, mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of these relations attained through marriage or legal adoption, as well as a person who has legal responsibility for the applicant, or a person the applicant has legal responsibility of. (k) “Legal guardian” means a person who has the legal authority to care for the personal and property interests of another person granted through Court order. (l) “Legal responsibility” means specific duties imposed upon a person to care or provide for another including liability for personal obligations as granted through a Power of Attorney or Court order. (m) “Major medical surgery” means a surgical procedure that carries a degree of risk to the patient’s life, or the potential for severe disability if something goes wrong during surgery. It is a surgical procedure that usually requires a patient to be put under general anesthesia and given respiratory assistance because he or she cannot breathe independently. (n) “Nation” means the Oneida Nation. (o) “Public health emergency” means the occurrence or imminent threat of an illness or health condition which: (1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological agent; and (2) poses a high probability of any of the following: (A) a large number of deaths or serious or long-term disability among humans; or (B) widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people. (p) “Rule” means a set of requirements enacted in accordance with the Administrative Rulemaking law. (q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities 1 O.C. 125 – Page 2 11 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. 125.4. Responsibilities, Eligibility and Qualifications 125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following responsibilities in regard to the operation of the Fund: (a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the administration of the Fund which: (1) shall include the list of categories the Fund covers and a cap that sets the amount of assistance per event/per household, except for funeral expenses which shall be set per event/per person; and (2) may include additional items not listed in section 125.6, as long as the rule does not conflict with any provision of this law. (b) Communication and Education. The Fund Operator shall ensure that the Nation’s membership is informed of what assistance is available through the Fund, how to apply for assistance, and who is eligible for assistance. 125.4-2. Reporting Requirements. The Governmental Services Division Director shall report quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the amount of funds paid out under each category of the Fund. 125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of the Nation. Applications may be made by a non-member on the behalf of an enrolled member of the Nation, provided the requested funds will benefit the member only and the non-member has one (1) of the following relationships to the applicant: (a) Is a parent of the applicant; (b) Is the legal guardian of the applicant; or (c) Has legal responsibility for the applicant. 125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the Fund. 125.4-5. The Fund is a fund of last resort and provides assistance when there is no other financial assistance available or all other assistance has been exhausted. Applicants shall first seek out other resources that can meet the needs of their request. Proof of requesting assistance from other sources shall be provided with the application. 125.4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify an applicant for assistance: (a) Terminally ill; (b) Physically challenged or incapacitated; (c) Major medical surgery; (d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling injuries due to motor vehicle accident; (e) Natural disaster, including, but not limited to, tornado, fire, flood; (f) Public health emergency; and (g) Death in immediate family. 125.4-7. Assistance may be denied or limited for applicants who have elected not to be covered by employer benefits such as disability or health insurance. 125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly to the service provider. 125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding 1 O.C. 125 – Page 3 12 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 levels. 125.4-10. Oneida programs and enterprises are not eligible for these funds. 125.5. Priorities for Consideration 125.5-1. The case manager shall determine the level of assistance to be provided based on: (a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event; (b) Cost, usual and customary fees; (c) Amount of time elapsed since the catastrophic event, catastrophic illness or injury, or emergency event occurred; and (d) The Fund’s appropriate promulgated rules. 125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate needs. Priorities are as follows: (a) Life-threatening emergency requests; (b) Emergency medical travel; and (c) Other needs. 125.6. Items Covered by the Fund 125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event, catastrophic illness or injury, or emergency event, the Fund may be used for the following: (a) COBRA Insurance Payments; (b) Prescriptions not available through an Indian Health Services clinic; (c) Medical transportation or emergency medical travel including vehicle repairs; (d) Medical-related equipment, supplies, or furniture; (e) Medical bills, including dental, optical, and hospital, not covered by insurance; (f) Mortgage payments and rent payments including security deposits, where no other resources exist; (g) Utility disconnections; (h) Inpatient Treatment, with a limit of once per lifetime; (i) Fire recovery and natural disaster assistance; (j) Home renovations required for handicap accessibility; (k) Family Medical Leave Act wage replacement; (l) Waiting period for a Social Security Disability Determination rent and utility assistance up to a maximum of twelve (12) months; (m) Appliance repair for essential appliances; and/or (n) Travel expenses to arrange or attend a funeral for immediate family members. 125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on an emergency basis which shall include, but is not limited to, pending eviction and homelessness. (a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The operators of the Fund shall not co-sign any lease. (b) Only one (1) request per household shall be considered. 125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two (2) years by the person listed as responsible to pay with the utility company. An applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before applying for assistance from the Fund. 1 O.C. 125 – Page 4 13 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate family members. Unless the rules allow for direct payment to the travel provider by the Fund Operator, such assistance is required to be in the form of reimbursement, provided that mileage assistance shall always be in the form of reimbursement. 125.7. Items not Covered by the Fund 125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event, catastrophic illness or injury, or emergency event as defined above. The following is a list of items not covered by the Fund; however, this is not an exhaustive list: (a) Car payments; (b) Taxes; (c) Credit card or charge accounts; (d) Commercial loans; (e) Defaults, fines, or bankruptcy charges; (f) Expenses not tied to basic needs such as cable, internet, memberships, etc.; (g) Legal fees, court costs, judgments; (h) Lodging assistance due to homelessness, or for any other reason not related to a catastrophic event or emergency event; (i) Health membership fees; (j) Food and personal care items; (k) Stabilization rent assistance; (l) Insurance deductibles; (m) Home renovations not related to handicap accessibility; and (n) Department of Corrections re-entry assistance. 125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the following: (a) The catastrophic event, catastrophic illness or injury or emergency event is the result of a violation of the law as proven by a citation or criminal conviction; (b) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of other Nation programs, policies or laws; and/or (c) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of the Fund. 125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall provide an explanation of the decision in writing to the applicant with a copy placed in the applicant’s file. 125.8. Application Requirements 125.8-1. To be considered for assistance and before receiving assistance the applicant shall complete the full application process. All applicants shall cooperate with the case manager to assist the case manager in comprehensively addressing the needs of the applicant(s). Every application shall contain a space for the applicant to identify a preferred method of contact. This shall be the primary contact method. Case managers shall follow up every contact with written correspondence, in order to make responses to the applicant in a timely manner so as to meet the applicant’s needs. 125.8-2. Supporting documentation is required in all cases. The applicant is responsible to 1 O.C. 125 – Page 5 14 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 provide all documentation requested by the case manager. No assistance may be provided without sufficient documentation of: (a) The catastrophic event, catastrophic illness or injury, or emergency event; (b) Proof that the applicant sought assistance from other agencies with an explanation of benefits received or refusal of assistance by the other agencies; (c) Enrollment in the Nation; and (d) Status of employment which shall include the following as applicable: (1) Leave of absence paperwork; (2) Balance of personal and vacation time accumulation; and (3) Disability insurance or workmen’s compensation coverage. 125.8-3. Documentation includes, but is not limited to: (a) Medical reports; (b) Bills or statements; (c) Estimates; (d) Letters; (e) Police or fire reports; (f) Obituary or formal notice of death; (g) Check stubs; (h) Pictures or photographs; (i) Applications for assistance from other agencies; and/or (j) Approval of assistance or denial of assistance letters from other agencies. 125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty (30) business days. (a) The case manager shall request additional information be provided when an application contains insufficient information to make an informed decision. (b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information. (c) Failure to submit the requested information within the thirty (30) business days shall result in closing the application file, with no further action taken in regard to that application. (d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file being closed. (e) After the file is closed, the applicant shall start the application process over again in order to be considered for assistance from the Fund. However, no applicant may re-apply for the same catastrophic event, catastrophic illness or injury, or emergency event more than the limit stated within this law or the Fund’s rules. 125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency event. Applications made after forty-five (45) business days shall not be considered. 1 O.C. 125 – Page 6 15 of 105 Draft 2 (Redline to Public Comment Draft) 2021 02 03 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 125.9. Decision and Appeal 125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which an initial decision is required following the submission of a complete application. Such timeline shall include available extensions for circumstances wherein the applicant has a determination of award or coverage pending with another support or assistance resource. 125.9-2. Appeal to the Director of the Fund Operator. An appeal of the case manager’s decision shall be requested in writing to the director of the Fund Operator within ten (10) business days after receipt of notice of the initial decision. The director of the Fund Operator shall provide the applicant with notice of his or her decision on the matter within ten (10) business days after receiving the appeal. 125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of the director of the Fund Operator shall be requested in writing to the Governmental Services Division Director within ten (10) business days after receipt of notice of the director of the Fund Operator’s decision. The Governmental Services Division Director shall provide the applicant with notice of his or her decision on the matter within ten (10) business days after receiving the appeal. 125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental Services Division Director by filing a complaint with the Trial Court. End. Adopted - BC-05-15-96-A Amended - BC-01-08-97-G Amended - BC-12-11-13-D Amended - BC-01-11-17-B Amended – BC-__-__-__-__ 1 O.C. 125 – Page 7 16 of 105 Draft 2 2021 02 03 Title 1. Government and Finances – Chapter 125 Kaya>takenh@sla tsi> niyukwana=t@y< It is helpful where our community lays COMMUNITY SUPPORT FUND 125.1. Purpose and Policy 125.2. Adoption, Amendment, Repeal 125.3. Definitions 125.4. Responsibilities, Eligibility and Qualifications 125.5. Priorities for Consideration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 125.6. Items Covered by the Fund 125.7. Items not Covered by the Fund 125.8. Application Requirements 125.9. Decision and Appeal 125.1. Purpose and Policy 125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency event when no other resources for assistance exist. 125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a catastrophic event, catastrophic illness or injury, or emergency event, when there is no other assistance available or all other assistance has been exhausted. 125.2. Adoption, Amendment, Repeal 125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-__-____-__. 125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 125.2-3. 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. 125.2-4. 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. 125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 125.3. Definitions 125.3-1. 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” means the subject of the application for assistance. (b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays of the Nation. (c) “Case manager” means an employee within the Fund Operator responsible for administering Fund benefits. (d) “Catastrophic event” means a natural or man-made incident, which results in substantial damage or loss requiring major financial resources to repair or recover, including, but not limited to, a house fire, tornado, flood, or other disaster. (e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment, or physical or mental condition that involves: (1) In-patient care; (2) A period of continuing treatment due to a chronic serious health condition, including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly 1 O.C. 125 – Page 1 17 of 105 Draft 2 2021 02 03 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 therapy resulting from trauma; (3) A period of illness or injury that is long-term due to a condition for which treatment may be ineffective, including, but not limited to, stroke or terminal disease; or (4) Multiple treatments either for restorative surgery after an accident or other injury, or for a chronic condition, including, but not limited to, cancer or kidney disease. (f) “Emergency event” means a situation that poses an immediate risk to health, life, safety, property, or environment. Emergencies require urgent intervention to prevent further illness, injury, death, or other worsening of the situation. (g) “Emergency medical travel” means an unexpected serious health situation or occurrence, requiring the immediate presence of immediate family, including, but not limited to, end of life situation or life support. (h) “Fund” means the Community Support Fund. (i) “Fund Operator” means the Economic Support Services Department, or other department within the Governmental Services Division designated authority over the operation of the Fund. (j) “Immediate family” means an applicant’s husband, wife, mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of these relations attained through marriage or legal adoption, as well as a person who has legal responsibility for the applicant, or a person the applicant has legal responsibility of. (k) “Legal guardian” means a person who has the legal authority to care for the personal and property interests of another person granted through Court order. (l) “Legal responsibility” means specific duties imposed upon a person to care or provide for another including liability for personal obligations as granted through a Power of Attorney or Court order. (m) “Major medical surgery” means a surgical procedure that carries a degree of risk to the patient’s life, or the potential for severe disability if something goes wrong during surgery. It is a surgical procedure that usually requires a patient to be put under general anesthesia and given respiratory assistance because he or she cannot breathe independently. (n) “Nation” means the Oneida Nation. (o) “Public health emergency” means the occurrence or imminent threat of an illness or health condition which: (1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological agent; and (2) poses a high probability of any of the following: (A) a large number of deaths or serious or long-term disability among humans; or (B) widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people. (p) “Rule” means a set of requirements enacted in accordance with the Administrative Rulemaking law. (q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities 1 O.C. 125 – Page 2 18 of 105 Draft 2 2021 02 03 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. 125.4. Responsibilities, Eligibility and Qualifications 125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following responsibilities in regard to the operation of the Fund: (a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the administration of the Fund which: (1) shall include the list of categories the Fund covers and a cap that sets the amount of assistance per event/per household, except for funeral expenses which shall be set per event/per person; and (2) may include additional items not listed in section 125.6, as long as the rule does not conflict with any provision of this law. (b) Communication and Education. The Fund Operator shall ensure that the Nation’s membership is informed of what assistance is available through the Fund, how to apply for assistance, and who is eligible for assistance. 125.4-2. Reporting Requirements. The Governmental Services Division Director shall report quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the amount of funds paid out under each category of the Fund. 125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of the Nation. Applications may be made by a non-member on the behalf of an enrolled member of the Nation, provided the requested funds will benefit the member only and the non-member has one (1) of the following relationships to the applicant: (a) Is a parent of the applicant; (b) Is the legal guardian of the applicant; or (c) Has legal responsibility for the applicant. 125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the Fund. 125.4-5. The Fund is a fund of last resort and provides assistance when there is no other financial assistance available or all other assistance has been exhausted. Applicants shall first seek out other resources that can meet the needs of their request. Proof of requesting assistance from other sources shall be provided with the application. 125.4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify an applicant for assistance: (a) Terminally ill; (b) Physically challenged or incapacitated; (c) Major medical surgery; (d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling injuries due to motor vehicle accident; (e) Natural disaster, including, but not limited to, tornado, fire, flood; (f) Public health emergency; and (g) Death in immediate family. 125.4-7. Assistance may be denied or limited for applicants who have elected not to be covered by employer benefits such as disability or health insurance. 125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly to the service provider. 125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding 1 O.C. 125 – Page 3 19 of 105 Draft 2 2021 02 03 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 levels. 125.4-10. Oneida programs and enterprises are not eligible for these funds. 125.5. Priorities for Consideration 125.5-1. The case manager shall determine the level of assistance to be provided based on: (a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event; (b) Cost, usual and customary fees; (c) Amount of time elapsed since the catastrophic event, catastrophic illness or injury, or emergency event occurred; and (d) The Fund’s appropriate promulgated rules. 125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate needs. Priorities are as follows: (a) Life-threatening emergency requests; (b) Emergency medical travel; and (c) Other needs. 125.6. Items Covered by the Fund 125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event, catastrophic illness or injury, or emergency event, the Fund may be used for the following: (a) COBRA Insurance Payments; (b) Prescriptions not available through an Indian Health Services clinic; (c) Medical transportation or emergency medical travel including vehicle repairs; (d) Medical-related equipment, supplies, or furniture; (e) Medical bills, including dental, optical, and hospital, not covered by insurance; (f) Mortgage payments and rent payments including security deposits, where no other resources exist; (g) Utility disconnections; (h) Inpatient Treatment, with a limit of once per lifetime; (i) Fire recovery and natural disaster assistance; (j) Home renovations required for handicap accessibility; (k) Family Medical Leave Act wage replacement; (l) Waiting period for a Social Security Disability Determination rent and utility assistance up to a maximum of twelve (12) months; (m) Appliance repair for essential appliances; and/or (n) Travel expenses to arrange or attend a funeral for immediate family members. 125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on an emergency basis which shall include, but is not limited to, pending eviction and homelessness. (a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The operators of the Fund shall not co-sign any lease. (b) Only one (1) request per household shall be considered. 125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two (2) years by the person listed as responsible to pay with the utility company. An applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before applying for assistance from the Fund. 1 O.C. 125 – Page 4 20 of 105 Draft 2 2021 02 03 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate family members. Unless the rules allow for direct payment to the travel provider by the Fund Operator, such assistance is required to be in the form of reimbursement, provided that mileage assistance shall always be in the form of reimbursement. 125.7. Items not Covered by the Fund 125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event, catastrophic illness or injury, or emergency event as defined above. The following is a list of items not covered by the Fund; however, this is not an exhaustive list: (a) Car payments; (b) Taxes; (c) Credit card or charge accounts; (d) Commercial loans; (e) Defaults, fines, or bankruptcy charges; (f) Expenses not tied to basic needs such as cable, internet, memberships, etc.; (g) Legal fees, court costs, judgments; (h) Lodging assistance due to homelessness, or for any other reason not related to a catastrophic event or emergency event; (i) Health membership fees; (j) Food and personal care items; (k) Stabilization rent assistance; (l) Insurance deductibles; (m) Home renovations not related to handicap accessibility; and (n) Department of Corrections re-entry assistance. 125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the following: (a) The catastrophic event, catastrophic illness or injury or emergency event is the result of a violation of the law as proven by a citation or criminal conviction; (b) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of other Nation programs, policies or laws; and/or (c) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of the Fund. 125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall provide an explanation of the decision in writing to the applicant with a copy placed in the applicant’s file. 125.8. Application Requirements 125.8-1. To be considered for assistance and before receiving assistance the applicant shall complete the full application process. All applicants shall cooperate with the case manager to assist the case manager in comprehensively addressing the needs of the applicant(s). Every application shall contain a space for the applicant to identify a preferred method of contact. This shall be the primary contact method. Case managers shall follow up every contact with written correspondence, in order to make responses to the applicant in a timely manner so as to meet the applicant’s needs. 125.8-2. Supporting documentation is required in all cases. The applicant is responsible to 1 O.C. 125 – Page 5 21 of 105 Draft 2 2021 02 03 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 provide all documentation requested by the case manager. No assistance may be provided without sufficient documentation of: (a) The catastrophic event, catastrophic illness or injury, or emergency event; (b) Proof that the applicant sought assistance from other agencies with an explanation of benefits received or refusal of assistance by the other agencies; (c) Enrollment in the Nation; and (d) Status of employment which shall include the following as applicable: (1) Leave of absence paperwork; (2) Balance of personal and vacation time accumulation; and (3) Disability insurance or workmen’s compensation coverage. 125.8-3. Documentation includes, but is not limited to: (a) Medical reports; (b) Bills or statements; (c) Estimates; (d) Letters; (e) Police or fire reports; (f) Obituary or formal notice of death; (g) Check stubs; (h) Pictures or photographs; (i) Applications for assistance from other agencies; and/or (j) Approval of assistance or denial of assistance letters from other agencies. 125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty (30) business days. (a) The case manager shall request additional information be provided when an application contains insufficient information to make an informed decision. (b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information. (c) Failure to submit the requested information within the thirty (30) business days shall result in closing the application file, with no further action taken in regard to that application. (d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file being closed. (e) After the file is closed, the applicant shall start the application process over again in order to be considered for assistance from the Fund. However, no applicant may re-apply for the same catastrophic event, catastrophic illness or injury, or emergency event more than the limit stated within this law or the Fund’s rules. 125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency event. Applications made after forty-five (45) business days shall not be considered. 1 O.C. 125 – Page 6 22 of 105 Draft 2 2021 02 03 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 125.9. Decision and Appeal 125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which an initial decision is required following the submission of a complete application. Such timeline shall include available extensions for circumstances wherein the applicant has a determination of award or coverage pending with another support or assistance resource. 125.9-2. Appeal to the Director of the Fund Operator. An appeal of the case manager’s decision shall be requested in writing to the director of the Fund Operator within ten (10) business days after receipt of notice of the initial decision. The director of the Fund Operator shall provide the applicant with notice of his or her decision on the matter within ten (10) business days after receiving the appeal. 125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of the director of the Fund Operator shall be requested in writing to the Governmental Services Division Director within ten (10) business days after receipt of notice of the director of the Fund Operator’s decision. The Governmental Services Division Director shall provide the applicant with notice of his or her decision on the matter within ten (10) business days after receiving the appeal. 125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental Services Division Director by filing a complaint with the Trial Court. End. Adopted - BC-05-15-96-A Amended - BC-01-08-97-G Amended - BC-12-11-13-D Amended - BC-01-11-17-B Amended – BC-__-__-__-__ 1 O.C. 125 – Page 7 23 of 105 Draft 2 (Redline to Current) 2021 02 03 Title 1. Government and Finances – Chapter 125 COMMUNITY SUPPORT FUND Kaya>takenh@sla tsi> niyukwana=t@y< It is helpful where our community lays 125.1. Purpose and Policy 125.2. Adoption, Amendment, Repeal 125.3. Definitions 125.4. Responsibilities, Eligibility and Qualifications 125.5. Priorities for Consideration 125.6. Items Covered by the Fund 125.7. Items not Covered by the Fund 125.8. Application Requirements 125.9. Appeal COMMUNITY SUPPORT FUND 125.1. Purpose and Policy 125.2. Adoption, Amendment, Repeal 125.3. Definitions 125.4. Responsibilities, Eligibility and Qualifications 125.5. Priorities for Consideration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 125.6. Items Covered by the Fund 125.7. Items not Covered by the Fund 125.8. Application Requirements 125.9. Decision and Appeal 125.1. Purpose and Policy 125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness, or injury, or emergency event when no other resources for assistance exist. 125.1-2. Policy. It is the policy of the Oneida Nation to assist theirits people in a time of need after a catastrophic event, catastrophic illness, or injury, or emergency event, when there is no other assistance available or all other assistance has been exhausted. 125.2. Adoption, Amendment, Repeal 125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-505-15-96A and amended by resolutions BC-01-08-97-G, BC-12-111-13-D and, BC-01-11-17-B. and BC__-__-__-__. 125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 125.2-3. 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. 125.2-4. 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. 125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 125.3. Definitions 125.3-1. 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” means the subject of the application for assistance. (b) “Business daysday” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding Nation holidays. of the Nation. (c) “Case manager” means an employee within the Fund Operator responsible for administering Fund benefits. (d) “Catastrophic event” means a natural or man-made incident, which results in substantial damage or loss requiring major financial resources to repair or recover (i.e. , including, but not limited to, a house fire, tornado, flood, or other disaster).. 1 O.C. 125 – Page 1 24 of 105 Draft 2 (Redline to Current) 2021 02 03 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment, or physical or mental condition that involves: (1) In-patient care; (2) A period of continuing treatment due to a chronic serious health condition (such as, including, but not limited to, chemotherapy/, radiation, dialysis, and daily/ or weekly therapy resulting from trauma, etc.); ; (3) A period of illness or injury that is long-term due to a condition for which treatment may be ineffective (, including, but not limited to, stroke, or terminal disease, etc.);; or (4) Multiple treatments either for restorative surgery after an accident or other injury, or for a chronic condition. (i.e., including, but not limited to, cancer or kidney disease).. (f) “Emergency event” means a situation that poses an immediate risk to health, life, safety, property, or environment. Emergencies require urgent intervention to prevent further illness, injury, death, or other worsening of the situation. (g) “Emergency medical travel” means an unexpected serious health situation or occurrence, requiring the immediate presence of immediate family. (i.e.,, including, but not limited to, end of life situation, or life support, etc.) . (h) “Fund” means the Community Support Fund. (i) “Fund Operator” means the Economic Support Services Department, or other department within the Governmental Services Division designated authority over the operation of the Fund. (j) “Immediate family” means that group of persons who make up a family unit normally defined as an applicant’s husband, wife, children, sister, mother, father, son, daughter, brother, in-laws, step family, grandparentssister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and grandchildren, and/or a person any of these relations attained through marriage or legal adoption, as well as a person who has legal responsibility for the applicant, or a person the applicant has legal responsibility of. (jk) “Legal guardian” means a person who has the legal authority to care for the personal and property interests of another person granted through Court order. (kl) “Legal responsibility” means specific duties imposed upon a person to care or provide for another including liability for personal obligations as granted through a Power of Attorney or Court order. (l) m) “Major medical surgery” means a surgical procedure that carries a degree of risk to the patient’s life, or the potential for severe disability if something goes wrong during surgery. It is a surgical procedure that usually requires a patient to be put under general anesthesia and given respiratory assistance because he or she cannot breathe independently. (mn) “Nation” means the Oneida Nation. (n(o) “Public health emergency” means the occurrence or imminent threat of an illness or health condition which: (1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological agent; and (2) poses a high probability of any of the following: (A) a large number of deaths or serious or long-term disability among humans; or (B) widespread exposure to a biological, chemical, or radiological agent 1 O.C. 125 – Page 2 25 of 105 Draft 2 (Redline to Current) 2021 02 03 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 that creates a significant risk of substantial future harm to a large number of people. (p) “Rule” means a set of requirements enacted in accordance with the Administrative Rulemaking law. (o) “Tribal” means the Oneida Nation. (q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. 125.4. Responsibilities, Eligibility and Qualifications 125.4-1. The Social Services Area of the Governmental Services Division shall be responsible for operationResponsibilities of the Fund, but may designate Operator. The Fund Operator shall have the following responsibilities in regard to the operation of the Fund to : (a department within its control. (a)) Administrative Rulemaking. The operators of the Fund Operator shall promulgate rules, for the administration of the Fund that are consistent with this law. The rules:which: (1) shall include the list of categories the Fund covers and a cap that sets the amount of assistance per event/ per household, except for funeral expenses which shall be set per event/per person.; and (2) may include additional items not listed in section 125.6, as long as the rule does not conflict with any provision of this law. (b) (b) Communication and Education. The Fund Operator shall ensure that the Nation’s membership is informed of what assistance is available through the Fund, how to apply for assistance, and who is eligible for assistance. 125.4-2. Reporting Requirements. The Governmental Services Division Director shall report quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the amount of funds paid out under each category of the Fund. (c) The Social Services Area or designee shall ensure that the Nation’s membership is informed of what assistance is available through the Fund, how to apply for assistance, and who is eligible for assistance. 125.4-23. Eligibility for assistance provided under the Fund is reserved for enrolled members of the Nation. Applications may be made by a non-member on the behalf of an enrolled member of the Nation, provided the requested funds will benefit the member only and the non-member has one (1) of the following relationships to the applicant: (a) Is a parent of the applicant; (b) Is the legal guardian of the applicant; or (c) Has legal responsibility for the applicant. 125.4-34. Residency within the state of Wisconsin is not a prerequisite for assistance, except for requests for a security deposit in accordance with section 125.6-2 from the Fund. 125.4-45. The Fund is a fund of last resort and provides assistance when there is no other financial assistance available or all other assistance has been exhausted. Applicants shall first seek out other resources that can meet the needs of their request. Proof of requesting assistance from other sources shall be provided with the application. 125.4-56. The following types of catastrophic events, and catastrophic illnesses or injuries qualify 1 O.C. 125 – Page 3 26 of 105 Draft 2 (Redline to Current) 2021 02 03 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 an applicant for assistance: (a) Terminally ill; (b) Physically challenged or incapacitated; (c) Major medical surgery; (d) Life threatening (i.e., including, but not limited to, cancer, AIDS, stroke, and disabling injuries due to motor vehicle accident, etc.);; (e) Natural disaster (i.e., including, but not limited to, tornado, fire, flood, etc.);; (f) Public health emergency; and (fg)Death in immediate family as identified in section 125.6-1(n).. 125.4-67. Assistance may be denied or limited for applicants who have elected not to be covered by employer benefits such as disability or health insurance. 125.4-78. Except as otherwise provided in section 125.6-4, all payments shall be provided directly to the service provider. 125.4-89. Assistance available under the Fund is subject to change according to fiscal year funding levels. 125.4-910. Oneida programs and enterprises are not eligible for these funds. 125.5. Priorities for Consideration 125.5-1. The case manager shall determine the level of assistance to be provided based on: (a) Severity of the catastrophic event, catastrophic illness, or injury, or emergency event; (b) Cost (, usual and customary fees);; (c) Amount of time elapsed since the catastrophic event, catastrophic illness, or injury, or emergency event occurred; and (d) The Fund’s appropriate promulgated rules. 125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate needs. Priorities are as follows: (a) Life-threatening emergency requests; (b) Emergency medical travel; and (c) Other needs. 125.6. Items Covered by the Fund 125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event, catastrophic illness, or injury, or emergency event. Upon verification of a catastrophic event, catastrophic illness, or injury, or emergency event, the Fund may be used for the following: (a) COBRA Insurance Payments; (b) Prescriptions not available through an Indian Health Services clinic; (c) Medical transportation/ or emergency medical travel including vehicle repairs; (d) Medical-related equipment, supplies, or furniture; (e) Medical bills (, including dental, optical, and hospital), not covered by insurance; (f) Mortgage payments and rent payments (including security deposits),, where no other resources exist in accordance with section 125.6-2; (g) Utility disconnections in accordance with section 125.6-3; (h) Inpatient Treatment (, with a limit of once per lifetime);; (i) Fire recovery/ and natural disaster assistance; (j) Home renovations required for handicap accessibility; (k) Family Medical Leave Act wage replacement; 1 O.C. 125 – Page 4 27 of 105 Draft 2 (Redline to Current) 2021 02 03 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 (l) Waiting period for a Social Security Disability Determination rent and utility assistance up to a maximum of twelve (12) months; (m) Appliance repair for essential appliances as defined in the rules which the Fund operator shall develop; and/or (n) Travel expenses to arrange or attend a funeral for immediate family members outside the state where an applicant resides, in accordance with section 125.6-4. 125.6-2. Security depositDeposit. The Fund shall only provide assistance for a security deposit when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on an emergency basis which shall include, but is not limited to, pending eviction and homelessness. Security deposit assistance is limited to Tribal members who are Wisconsin residents only. (a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The operators of the Fund shall not co-sign any lease. (b) Security deposits are non-transferable and the amount paid for a security deposit shall be paid back to the Fund before another security deposit is issued at any time in the future. (c(b) Only one (1) request per household shall be considered; multiple consecutive requests may be made. 125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two (2) years by the person listed as responsible to pay with the utility company. An applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before applying for assistance from the Fund. 125.6-4. Funeral expensesTravel Expenses. An applicant may receive assistance with travel expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate family members outside the state where the applicant resides.. Unless the rules allow for direct payment to the travel provider by the Fund Operator, such assistance is required to be in the form of reimbursement, provided that mileage assistance shall always be in the form of reimbursement. 125.7. Items not Covered by the Fund 125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event, catastrophic illness, or injury, or emergency event as defined above. The following is a list of items not covered by the Fund; however, this is not an exhaustive list: (a) Car payments; (b) Taxes; (c) Credit card or charge accounts; (d) Commercial loans; (e) Defaults/, fines/, or bankruptcy charges; (f) Expenses not tied to basic needs (such as cable, internet, memberships, etc.);.; (g) Legal fees/, court costs/, judgments; (h) Homeless lodging assistance; (h) Lodging assistance due to homelessness, or for any other reason not related to a catastrophic event or emergency event; (i) Health membership fees; (j) Food and personal care items; (k) Stabilization rent assistance; (l) Insurance deductibles; 1 O.C. 125 – Page 5 28 of 105 Draft 2 (Redline to Current) 2021 02 03 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 (m) Home renovations not related to handicap accessibility; and (ln) Department of Corrections re-entry assistance. 125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the following: (a) The catastrophic event, catastrophic illness, or injury or emergency event is the result of a violation of the law as proven by a citation or criminal conviction; (b) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of other Nation programs, policies or laws; and/or (c) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of the Fund. 125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall provide an explanation of the decision in writing to the applicant with a copy placed in the applicant’s file. 125.8. Application Requirements 125.8-1. To be considered for assistance and before receiving assistance the applicant shall complete the full application process. All applicants shall cooperate with the case manager to assist the case manager in comprehensively addressing the needs of the applicant(s). Every application shall contain a space for the applicant to identify a preferred method of contact. This shall be the primary contact method. Case managers shall follow up every contact with written correspondence, in order to make responses to the applicant in a timely manner so as to meet the applicant’s needs. 125.8-2. Supporting documentation is required in all cases. The applicant is responsible to provide all documentation requested by the case manager. No assistance may be provided without sufficient documentation of: (a) The catastrophic event, catastrophic illness, or injury, or emergency event; (b) Proof that the applicant sought assistance from other agencies with an explanation of benefits received or refusal of assistance by the other agencies; (c) Enrollment in the Nation; and (d) All household income the last thirty (30) business days immediately prior to the submission of the application; and (e(d) Status of employment which shall include the following as applicable: (1) Leave of absence paperwork; (2) Balance of personal and vacation time accumulation; and (3) Disability insurance or workmen’s compensation coverage. 125.8-3. Documentation includes, but is not limited to: (a) Medical reports; (b) Bills or statements; (c) Estimates; (d) Letters; (e) Police or fire reports; (f) Obituary or formal notice of death; (g) Check stubs; (h) Pictures or photographs; (i) Applications for assistance from other agencies; and/or (j) Approval of assistance or denial of assistance letters from other agencies. 1 O.C. 125 – Page 6 29 of 105 Draft 2 (Redline to Current) 2021 02 03 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty (30) business days. (a) The case manager shall request additional information be provided when an application contains insufficient information to make an informed decision. (b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information. (c) Failure to submit the requested information within the thirty (30) business days shall result in closing the application file, with no further action taken in regard to that application. (d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file being closed. (e) After the file is closed, the applicant shall start the application process over again in order to be considered for assistance from the Fund. However, no applicant may re-apply for the same catastrophic event, catastrophic illness, or injury, or emergency event more than the limit stated within this law or the Fund’s rules. 125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed thirty (30forty-five (45) business days of a catastrophic event or , catastrophic illness, or injury, or emergency event. Applications made after thirty (30forty-five (45) business days shall not be considered. 125.9. Decision and Appeal 125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which an initial decision is required following the submission of a complete application. Such timeline shall include available extensions for circumstances wherein the applicant has a determination of award/ or coverage pending with another support/ or assistance resource. 125.9-2. Program Appeal to the Director Appeal.of the Fund Operator. An appeal of the case manager’s decision shall be requested in writing to the Program Directordirector of the Fund Operator within ten (10) business days after receipt of notice of the initial decision. Within ten (10) business days after receiving the appeal, the Program Director The director of the Fund Operator shall provide the applicant with notice of his or her decision on the matter. within ten (10) business days after receiving the appeal. 125.9-3. Area Manager Appeal.Appeal to the Governmental Services Division Director. An appeal of the Program Director’s decision of the director of the Fund Operator shall be requested in writing to the Area ManagerGovernmental Services Division Director within ten (10) business days after receipt of notice of the Program Director’sdirector of the Fund Operator’s decision. Within ten (10) business days after receiving the appeal, the Area ManagerThe Governmental Services Division Director shall provide the applicant with notice of his or her decision on the matter. within ten (10) business days after receiving the appeal. 125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Area Manager to the Oneida Court of Appeals in accordanceGovernmental Services Division Director by filing a complaint with the Rules of Appellate ProcedureTrial Court. End. Adopted - BC-505-15-96-A Amended - BC-1-801-08-97-G Amended - BC-12-11-13-D Amended - BC-01-11-17-B Amended – BC-__-__-__-__ 1 O.C. 125 – Page 7 30 of 105 Analysis to Draft 2 2021 02 03 AMENDMENTS TO THE COMMUNITY SUPPORT FUND LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact Analysis by the Legislative Reference Office  Include a definition for Fund Operator, which is the Economic Support Services Department, or other department within the Governmental Services Division designated authority over the operation of the Fund;  Revise the definition of “immediate family” to better reflect Oneida families;  Include public health emergency as a catastrophic event, catastrophic illness or injury, or emergency event that qualifies an applicant for assistance from the Fund;  Clarify that the Fund may only be used for the waiting period for a Social Security Disability Determination rent and utility assistance up to a maximum of twelve (12) months;  Remove the requirement that security deposit assistance only be available to those members of the Nation who are Wisconsin residents;  Remove the requirement that the amount paid for a security deposit be paid back to the Fund before another security deposit is issued in the future;  Clarify that an applicant must clarify that he or she applied to his or her local Emergency Assistance Program prior to applying for utility assistance from the Fund;  Remove the requirement that funeral travel expenses are only provided to arrange or attend a funeral for immediate family members outside the state where the applicant resides;  Clarify that lodging assistance due to homelessness or for any other reason not related to a catastrophic event or emergency event, insurance deductibles, and home renovations not related to handicap accessibility are not covered by the Fund;  Remove the requirement that an applicant provide all household income the last thirty (30) business days immediately prior to the submission of the application;  Expand the time period for an applicant to submit an application from thirty (30) days to forty-five (45) days; and  Adjust the appeal process to reflect reorganization of the Governmental Services Division. To assist the greatest number of members of the Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency event when no other resources for assistance exist. [1 O.C. 125.1-1]. Economic Support Services Department A public comment period was held open until January 13, 2021. A public meeting was not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.” On February 3, 2021, the Legislative Operating Committee will be requesting that a fiscal impact statement be completed by the Finance Department. Page 1 of 9 31 of 105 Analysis to Draft 2 2021 02 03 What is the Community Support Fund? The Community Support Fund is a resource available to members of the Nation which provides financial assistance when a member of the Nation is experiencing a catastrophic event, catastrophic illness or injury, or emergency event. Examples of a catastrophic event, catastrophic illness or injury, or emergency event include: -Death in the immediate family -Fire -Tornado -Major medical surgery -Cancer -Flood -Injury from motor vehicle accidents -Stroke -Public Health Emergency Assistance from the Community Support Fund is only available when there is no other financial assistance available, or all other assistance has been exhausted. The Community Support Fund is funded through tribal contribution and has a budget of approximately $350,000. The Community Support Fund can be used to assist with the following types of expenses: -Rent or mortgage -Utility payments -Medical travel -Funeral travel -Prescription reimbursement -Medical bills -Dental related expenses -Optical related expenses -Inpatient treatment -Security deposits -Automobile repairs for medical travel -Utility disconnections -Family Medical Leave Act -Temporary shelter due to natural -Furnace & water heater wage replacement disaster repair and replacement -Medical related equipment, -Shelter during a Social Security -COBRA insurance supplies, or furniture Disability Determination payments The Community Support Fund Law Rule Handbook provides more information on how a member of the Nation may qualify for each category of assistance of the Community Support Fund and the maximum amount of assistance provided for each category of assistance. The Community Support Fund Law Rule Handbook can be found online in the Oneida Code of Laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Community Support Fund law (“the Law”) was first adopted by the Oneida Business Committee on May 15, 1996, for the purpose of assisting the greatest number of members of the Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency event when no other resources for assistance exist. [1 O.C. 125.1-1]. B. The Law was most recently amended by the Oneida Business Committee on January 11, 2017, through the adoption of resolution BC-01-11-17-B. C. On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic Support Services Department, submitted a request for the Legislative Operating Committee to consider amendments to the Law in an effort to expand the assistance available under the Fund to members of the Nation. The Legislative Operating Committee added the Law to its Active Files List on October 7, 2020. SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments of the Nation participated in the development of amendments to this Law and legislative analysis: Page 2 of 9 32 of 105 Analysis to Draft 2 2021 02 03 17 18 19 20 21  Economic Support Services Department. B. The following laws were reviewed in the drafting of this analysis:  Administrative Rulemaking law; and  Rules of Appellate Procedure. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 SECTION 4. PROCESS A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.  On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic Support Services Department, submitted a request for the Legislative Operating Committee to consider amendments to the Law.  The LOC added the amendments to the Active Files List on October 7, 2020.  A draft and legislative analysis for the Law was accepted by the LOC on December 2, 2020.  On December 16, 2020, the LOC approved the public comment period packet and forwarded the proposed amendments to the Law to a public comment period to be held open until January 13, 2021.  The public comment period was held open until the close of business on January 13, 2021. One (1) submission of written comments was received. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of these amendments:  October 15, 2020: Work meeting with Economic Support Services Department.  October 21, 2020: Work meeting with LOC.  October 29, 2020: Work meeting with LOC and Economic Support Services Department.  December 2, 2020: Work meeting with LOC.  January 20, 2021: Work meeting with LOC. C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts including effects on the stock market and the closing of all non-essential businesses. A public meeting for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the submission of written comments will still be permitted.  Declaration of a Public Health State of Emergency.  On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding the COVID-19 pandemic which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses.  The Public Health State of Emergency has since been extended until February 11, 2021, by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A.  COVID-19 Core Decision Making Team Declarations: Safer at Home.  On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which ordered all individuals present within the Oneida Reservation Page 3 of 9 33 of 105 Analysis to Draft 2 2021 02 03 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104  to stay at home or at their place of residence, with certain exceptions allowed. This declaration prohibited all public gatherings of any number of people.  On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume.  On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons.  On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. This declaration prohibits all public and private gatherings of more than twenty (20) people that are not part of a single household or living unit.  On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices” which sets minimum standards for the safe re-opening of a building or recall of employees to work. COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the Legislative Procedures Act.  On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period.  Although a public meeting will not be held on the proposed amendments to the Community Support Fund law, a public comment period was still be held open until January 13, 2021, in accordance with the Legislative Procedures Act and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. SECTION 5. CONTENTS OF THE LEGISLATION A. Definition for Immediate Family. The proposed amendments to the Law revise the definition for “immediate family.” The Law now defines “immediate family” as an applicant’s husband, wife, mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of these relations attained through marriage or legal adoption, as well as a person who has legal responsibility for the applicant, or a person the applicant has legal responsibility of. [1 O.C. 125.3-1(j)]. Previously, “immediate family” was defined as that group of persons who make up a family unit normally defined as husband, wife, children, sister, brother, in-laws, step family, grandparents and grandchildren, and/or a person who has legal responsibility for the applicant. The term “immediate family” is most frequently used in the Law in reference to assistance for funeral travel expenses.  Effect. The proposed amendments expand the definition of immediate family to better reflect familial relationships amongst members of the Nation. The Economic Support Services Department Page 4 of 9 34 of 105 Analysis to Draft 2 2021 02 03 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 made the recommendation to expand this definition based on requests for assistance that have been submitted, in an effort to better meet the needs of members of the Nation. B. Public Health Emergency as a Qualification for Assistance. The proposed amendments to the Law now specify that a public health emergency is a type of catastrophic event or catastrophic illness or injury which qualifies an applicant for assistance. [1 O.C. 125.4-6(f)]. The public health emergency qualification is in addition to the following types of catastrophic events, and catastrophic illnesses or injuries that were previously specified in the Law: terminally ill, physically challenged or incapacitated, major medical surgery, life threatening, natural disaster, and death in immediate family. [1 O.C. 125.46].  Effect. The proposed amendment to the Law provides greater clarification that a public health emergency does qualify as a type of catastrophic event or catastrophic illness or injury a person may apply for assistance for. During the COVID-19 pandemic the Economic Support Services Department did view the Nation’s declaration of a Public Health State of Emergency as an emergency event that would qualify a person for assistance, but requested that the Law be clarified to specify this. C. Utility and Rent Assistance during Waiting Period for a Social Security Disability Determination. The proposed amendments to the Law limit rent and utility assistance from the Fund during a waiting period for a Social Security Disability Determination to a maximum period of twelve (12) months. [1 O.C. 125.6-1(l)]. Previously, the Law provided no limitation on how long a person may receive rent and utility assistance during the waiting period for a Social Security Disability Determination.  Effect. Due to the fact that the Fund is funded entirely by tribal contribution, the proposed amendment to the Law limits the period of time a person may receive rent and utility assistance during a waiting period for a Social Security Disability Determination in an effort to preserve the Fund so assistance can be provided to a greater number of applicants. D. Security Deposit Assistance. The proposed amendments to the Law remove the limitation that security deposit assistance only be provided to members of the Nation who are residents of Wisconsin only. [1 O.C. 125.6-2]. The proposed amendments also remove the provision which states that security deposits are non-transferable, and the requirement that the amount paid for a security deposit shall be paid back to the Fund before another security deposit is issued at any time in the future. [1 O.C. 125.6-2(b)]. The proposed amendments to the Law also remove the statement that multiple consecutive requests may be made.  Effect. The removal of the requirement that security deposit assistance only be provided to members of the Nation that are residents of Wisconsin greatly expands who may be eligible to apply for security deposit assistance. It was unknown to the Economic Support Services Department why security deposit assistance was limited to residents of Wisconsin only, since that was the only type of limitation that had a residency limitation. E. Utilities Assistance. The proposed amendments to the Law added a provision which states that an applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before applying for assistance from the Fund. [1 O.C. 125.6-3]. Previously, the section of the Law on utilities assistance did not mention this requirement, although the Law generally provided that applicants shall first seek out other resources that can meet the needs of their request. [1 O.C. 125.4-5].  Effect. The inclusion of the statement that an applicant has to demonstrate that he or she applied to his or her local Energy Assistance Program before applying for the Fund provides further Page 5 of 9 35 of 105 Analysis to Draft 2 2021 02 03 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 clarification on how an applicant can meet the Law’s requirement of first seeking out other resources that can meet the needs of their request. F. Funeral Travel Expenses. The proposed amendments to the Law remove the requirement that assistance to arrange or attend a funeral for immediate family members is only allowed when the travel is outside the state where the applicant resides. [1 O.C. 125.6-1(n), 125.6-4].  Effect. The proposed amendments to the Law expand the availability of assistance for funeral travel expenses for members of the Nation. Instead of restricting assistance for funeral travel expenses to outside the state where the applicant resides, the Economic Support Services Department provided that the corresponding rule in the Community Support Fund Law Rule Handbook will include minimum distance requirements that qualify a person for assistance. The Economic Support Services Department made this recommendation based on the understanding that there may be great distances within the state the applicant resides that would prevent the applicant from attending or arranging a funeral if the applicant did not have access to assistance. G. Items not Covered by the Fund. The proposed amendments to the Law specify additional expenses that are not eligible for assistance from the Fund. [1 O.C. 125.7-1]. The proposed amendments to the Law provide that lodging assistance due to homelessness or for any other reason not related to a catastrophic event or emergency event, insurance deductibles, and home renovations not related to handicap accessibility are not covered by the Fund. [1 O.C. 125.7-1(h)(l)(m)].  Effect. The proposed amendments to the Law provide further clarification as to different expenses that will not be eligible for assistance from the Fund. The Economic Support Services Department requested that extra clarification be provided on expenses included in the proposed amendments because they receive frequent requests for assistance for these expenses which are denied for not meeting the qualifications for assistance from the Fund. H. Verification of Household Income. The proposed amendments to the Law remove the requirement that an applicant provide verification of all household income the last thirty (30) business days immediately prior to the submission of the application. [1 O.C. 125.8-2].  Effect. The proposed amendments to the Law remove the requirement to provide verification of all household income because the Economic Support Services Department determined it was unnecessary to require this information when there are no income requirements to qualify an applicant for assistance from the Fund. I. Time Period for Submission of Applications. The proposed amendments to the Law extend the time period to submit an application for assistance to forty-five (45) days after a catastrophic event, catastrophic illness or injury, or emergency event. [1 O.C. 125.8-5]. Previously, the Law required that all applications for assistance be submitted within thirty (30) business days of a catastrophic event, catastrophic illness or injury, or emergency event.  Effect. The time period to submit an application for assistance from the Fund was extended an additional fifteen (15) business days by the proposed amendments to the Law. The Legislative Operating Committee proposed this amendment to the Law based on the understanding that when a person is experiencing a catastrophic event, catastrophic illness or injury, or emergency event it may be more difficult for the person to collect the necessary supporting documentation and submit an application. The Legislative Operating Committee wanted to ensure that the Law provides grace and flexibility to an applicant as they navigate through the catastrophic event, catastrophic illness or injury, or emergency event. Page 6 of 9 36 of 105 Analysis to Draft 2 2021 02 03 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 J. Appeals. The proposed amendments to the Law adjust the appeal process to reflect the reorganization of the Governmental Services Division. The Law provides that a person may appeal the decision of the case manager to the director of the Fund Operator. [1 O.C. 125.9-2]. A person may then appeal the decision of the Fund Operator to the Governmental Services Division Director. [1 O.C. 125.9-3]. And a person then may further appeal the decision of the Governmental Services Division Director by filing a complaint with the Trial Court. [1 O.C. 125.9-4]. Previously, the Law provided that an appeal of the case manager’s decision could be made to the Program Director, which is the same at the Director of the Fund Operator. An appeal of the Program Director’s decision could then be made to the Area Manager. And then an appeal of the Area Manager’s decision could be made to the Oneida Court of Appeals.  Effect. The proposed amendments to the Law amend the appeal process in two (2) ways. First, an appeal of the Director of the Fund Operator’s decision can now be made to the Governmental Services Division Director instead of the Area Manager as formally drafted because the Governmental Services Division has been reorganized since the onset of the COVID-19 pandemic and no longer has Area Managers. Second, an appeal of the Governmental Services Division Director’s decision can be made by filing a complaint with the Trial Court. Previously, appeals were made directly to the Oneida Court of Appeals. The Rules of Appellate Procedure provide that 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]. An original hearing body is defined as the administrative agency decision-making panel which heard a contested case under the Administrative Procedures Act, or similar law, and from which appeal is permitted by law. [8 O.C. 805.3-1(s)]. Although the Law previously permitted appeals of the Area Manager to be made directly to the Court of Appeals, the Area Manager was not an administrative agency decision making panel which heard contested cases under the Administrative Procedures Act or similar law, and therefore it is more appropriate for the appeal to be filed as a complaint with the Trial Court instead of directly to the Court of Appeals. K. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the Law for clarity. 220 221 222 223 224 225 226 227 228 229 230 231 SECTION 6. EXISTING LEGISLATION 232 SECTION 7. OTHER CONSIDERATIONS A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:  Administrative Rulemaking law. The Administrative Rulemaking law provides a process for the adoption and amendments of administrative rules. [1 O.C. 106.1-1].  This Law provides that the Fund Operator shall promulgate rules for the administration of the Fund which shall include the list of categories the Fund covers and a cap that sets the amount of assistance per event/per household, except for funeral expenses which shall be set per event/per person. [1 O.C. 125.4-1(a)(1)].  This Law provides that the rules promulgated by the Fund Operator may include additional items not listed in section 125.6 of the Law, as long as the rule does not conflict with any provision of the Law. [1 O.C. 125.4-1(a)(2)]. Page 7 of 9 37 of 105 Analysis to Draft 2 2021 02 03 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 A. Community Support Fund Law Rule Handbook. The Law requires that the Fund Operator promulgate rules for the administration of the Fund which shall include the list of categories the Fund covers and a cap that sets the amount of assistance. [1 O.C. 125.4-1]. After amendments to the Law were adopted by the Oneida Business Committee through resolution BC-01-11-17-B, the Community Support Fund Law Rule Handbook was then adopted by the Oneida Business Committee on January 24, 2018. Upon the adoption of the proposed amendments to the Law the Economic Support Services Department will need to make amendments to the Community Support Fund Law Rule Handbook in accordance with the Administrative Rulemaking law. The amendments to the Community Support Fund Law Rule Handbook would make revisions necessary to comply with the Law and addresses additional revisions desired by the Economic Support Services Department.  Conclusion. It would be best practice for the Legislative Operating Committee to communicate and work with the Economic Support Services Department to ensure the certification and adoption of the Community Support Fund Law Rule Handbook amendments can coincide as closely as possible with the adoption of the amendments to the Community Support Fund law. B. Use of the Community Support Fund. In an effort to provide a better understanding on how the Community Support Fund is utilized by the membership, the following information was provided by the Economic Support Services Department which demonstrates how many times a year the category of the Fund was utilized, as well as the total benefit amount provided for each category of the Fund from January 1, 2020 until November 1, 2020. Category of Assistance from Times Times Times Total Benefit Community Support Fund Fund Fund Fund Amount Utilized in Utilized in Utilized in Provided 2018 2019 2020 Appliance Repair/Replacement 6 9 11 $37,851.63 Auto Repairs 30 8 14 $23,285.29 Catastrophic Rent 210 88 133 $194,499.62 COBRA Insurance Payments 0 0 1 $391.38 Dental Expenses 7 3 6 $6,965.00 Fire Recovery/Natural Disaster 5 6 0 $1,811.64 Funeral Travel 30 6 11 $15,254.49 Home Renovations 1 0 0 $200.00 Inpatient Treatment 1 2 3 $15,735.80 Medical Bill Payments 47 25 20 $115,864.17 Medical Travel 155 68 18 $19,046.61 Medical Related Equipment/Service 10 2 16 $21,539.77 Optical Expenses 9 2 3 $2,084.50 Prescriptions 5 2 0 $1,375.60 Security Deposit 19 9 9 $16,630.00 SSD Determination Rent 88 63 18 $68,283.36 SSD Determination Utility 27 25 4 $5,643.56 Utilities 82 31 18 $21,434.57 FMLA Wage Replacement 21 15 5 $14,700.00 *Data provided by the Economic Support Services Department on November 24, 2020. C. 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 BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Page 8 of 9 38 of 105 Analysis to Draft 2 2021 02 03 256 257 258 259 260 261 262 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. On February 3, 2021, the LOC will be directing that a fiscal impact statement of the proposed amendments to the Law be completed by the Finance Department. Page 9 of 9 39 of 105 Oneida Nation =DDDDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida·nsn.gov TO: FROM: DATE: RE: ~ Oneida Business Committee Legislative Operating Committee Cristina Danf01ih, Treasurer Lawrence E. Baiion, Chief Financial Officer David P. Jordan, Legislative Operating Committee Chaiiman Febrnary 3, 2021 Community Supp01i Fund Law Amendments Fiscal Impact Statement The Legislative Operating Committee (LOC) is currently developing amendments to the Community Suppo1i Fund law. The Legislative Procedures Act requires that a fiscal impact statement be provided for all proposed legislation of the Nation. [I 0. C. 109. 6-1}. The fiscal impact statement is an estimate of the total fiscal year financial effects associated with the proposed legislation, and should include: • staiiup costs; • personnel; • office costs; • documentation costs; and • an estimate of the amount of time necessary for an individual or agency to comply with the law after implementation. [1 O.C. 109.3-l(c)}. The fiscal impact statement must be completed and submitted to the LOC prior to the proposed legislation being forwarded to the Oneida Business Committee for consideration. [1 0. C. 109. 62}. The fiscal impact statement provides the Oneida Business Committee inf01mation on what the potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business . Committee can dete1mine if adoption of the proposed legislation is in the best interest of the Nation. / The Legislative Procedures Act grants the LOC the authority to direct the Finance /Department or any agency who may administer a program if the legislation is enacted or may have financial inf01mation concerning the subject matter of the legislation to submit a fiscal impact ~ tement. [I o.c. 109.6-1}. ~ Oneida Business Committee resolution BC-10-28-20-A titled, "Further Inte1pretation of 'Fiscal Impact Statement' in the Legislative Procedures Act" provides further clarification on the process for directing a fiscal impact statement be completed. This resolution provides that upon final approval of draft legislation by the LOC, the LOC may direct the Finance Depaiiment to provide a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for inclusion in adoption materials. On February 3, 2021 , the Legislative Operating Committee approved the final draft of the proposed amendments to the Community Support Fund law. Therefore, the LOC is directing the Finance Depaiiment to provide a fiscal impact statement on the proposed amendments to the Community Supp01i Fund law by February 17, 2021 . Page 1 of 2 A good mind. A good heart. A strong fire. 40 of 105 A copy of the proposed amendments to the Community Support Fund law, as well as the legislative analysis, have been attached to this memorandum for your convenience. Requested Action Provide the LOC a fiscal impact statement of the proposed amendments to the Community Support Fund law by February 17, 2021. A good mind. A good heart. A strong fire. Page 2 of 2 ~ ONEIDA 41 of 105 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee February 3, 2021 Emergency Management and Homeland Security Law Amendments Submission Date: 3/17/20 Public Meeting: Due to the COVID-19 pandemic, public meetings were suspended by declaration of the Nation’s COVID-19 Core Decision Making Team. A public comment period was still offered in accordance with the Legislative Procedures Act and held open until 1/13/20. LOC Sponsor: David P. Jordan Emergency Enacted: 3/17/20 Summary: This item was carried over from last term. The request for emergency amendments was added to the AFL in March 2020 in response to the COVID-19 pandemic. On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” in response to the COVID-19 pandemic, which has since been extended. The emergency amendments created and delegated authority to a COVID-19 Core Decision Making Team – which allowed the COVID-19 Team to make changes to internal operations and laws in a more efficient manner. The Oneida Business Committee adopted the emergency amendments through resolution BC-03-17-20-E. These emergency amendments were set to expire on September 17, 2020. The Oneida Business Committee extended the emergency amendments to the Emergency Management and Homeland Security law for an additional six (6) month period beginning on September 17, 2020, through the adoption of resolution BC-08-26-20-A. The emergency amendments will now expire on March 17, 2021. 10/7/20 LOC: Motion by Jennifer Webster to add the Emergency Management and Homeland Security Law Amendments to the Active Files List with David Jordan as the sponsor; seconded by Marie Summers. Motion carried unanimously. Motion by Jennifer Webster to Enter into the record the results of the August 24, 2020, e-poll titled, “Approval of Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law;” seconded by Marie Summers. Motion carried unanimously. 11/4/20: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Cristina Danforth, Clorissa N. Santiago, Deborah Thundercloud, Debra Danforth, Michelle Myers, Kelly McAndrews, Mollie Passon, Kaylynn Gresham, Robert Keck, Melinda Danforth, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to have a general discussion on the COVID-19 Core Decision Making Team and if/how it should be permanently included in the law, and then read through the law line-by-line and discuss other potential permanent amendments that should be made. The attorney will update the draft based on this discussion and schedule another work meeting with the team to review the draft. Page 1 of 2 42 of 105 12/8/20: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Michelle Myers, Mollie Passon, Kaylynn Gresham, Richard Figueroa, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the updated draft of the proposed amendments to the law. Attorney will update the draft based on these discussions and prepare the legislative analysis and public meeting packet. 12/10/20: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Rhiannon Metoxen, James Petitjean. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to finalize a decision as to whether the Community/Public Health Officer should have the authority to order individuals to take a vaccination during a public health emergency. 12/16/20 LOC: Motion by Kirby Metoxen to approve the Emergency Management and Homeland Security law amendments draft, legislative analysis, and public comment period packet and forward the Emergency Management and Homeland Security law amendments to a public comment period to be held open until January 13, 2021; seconded by Marie Summers. Motion carried unanimously. 1/13/21: Public Comment Period Closes. Three (3) submissions of written comments were received during the public comment period. 1/20/21 LOC: Motion by Jennifer Webster to accept the public comments and public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 1/20/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Clorissa N. Santiago, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and consider the written comments that were received during the public comment period. Next Steps:  Accept the updated public comment review memorandum and legislative analysis.  Approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by February 17, 2021. Page 2 of 2 43 of 105 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54115-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Legislative Operating Committee (LOC) Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney February 3, 2021 Emergency Management and Homeland Security Law Amendments: Public Comment Review with LOC Consideration A public comment period for the proposed amendments to the Emergency Management and Homeland Security law (“the Law”) was held open until January 13, 2021. A public meeting for the proposed amendments to this Law was not held due to the COVID-19 pandemic. On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allowed the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. The Oneida Business Committee has extended this Public Health State of Emergency until February 11, 2021, through the adoption of the following resolutions: BC-03-2620-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A. On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although the Nation’s COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration suspended public meetings and therefore no public meeting was scheduled for the amendments to the Emergency Management and Homeland Security law, on December 16, 2020, the Legislative Operating Committee directed that a public comment period be held open until January 13, 2021, to allow members of the community an opportunity to provide written submissions of comments or questions to the Legislative Operating Committee through e-mail. On January 20, 2020, the Legislative Operating Committee reviewed and considered all public comments that were received. This memorandum is submitted as the Legislative Operating Committee’s review and consideration of the written comments received within the public comment period. Comments 1 through 3 – Authority of the Community/Public Health Officer to Order the Vaccination of an Individual: Page 1 of 7 44 of 105 302.7. Public Health Emergencies 302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health emergency is proclaimed, the Community/Public Health Officer may do all of the following, as necessary: (a) organize the vaccination of individuals; (1) The following types of individuals shall not be subject to a vaccination: (A) an individual who the vaccination is reasonably likely to lead to serious harm to the individual; and (B) an individual, for reason of religion or conscience, refuses to obtain the vaccination. (b) isolate or quarantine individuals, including those who are unable or unwilling to receive a vaccination; and (c) prevent any individual, except for those individuals authorized by the Community/Public Health Officer, from entering an isolation or quarantine premises. Michelle Myers (written): After participation in the recent work sessions for the review and update of Oneida’s Emergency Management Law, Comprehensive Health Division provides the following feedback: Comprehensive Health Division is agreeable to most of the suggested changes. However, it is important to keep in mind the Oneida Emergency Management Law designates roles, responsibilities and authority to respond for all emergencies within the Oneida Reservation. It is critical we consider changes to the law through the lens of comprehensive emergency management and not only as it applies to the COVID-19 pandemic response. The language in section 302.7-6 regarding the authority of the Community/Public Health Officer to order an individual to take a vaccine during a public health emergency should remain as currently written. To remove or alter this language weakens the authority and a valuable tool a public health officer may need to control the spread of a vaccine preventable communicable disease in the Oneida Community. I believe the desire to change the language is coming from a place of fear that the public health officer would require someone to receive the COVID-19 vaccine. As currently written, the law identifies there are those that would not have to comply with vaccination orders. As for the COVID-19 vaccine, although highly encouraged by public health, there are no discussion or intensions to force anyone to receive the COVID-19 vaccine. Thank you for your consideration. Please feel free to contact me with any questions. Michelle Myers, BSN, RN Community/ Public Health Officer Kaylynn Gresham (written): Emergency Management had the opportunity to participate in the recent work sessions where the Nation’s Emergency Management Law was reviewed and now has proposed updates. Emergency Management is in support of most of the changes suggested. Upon ""' 000000 A good mind. A good heart. A strong fire. Page 2 of 7 ONEIDA 45 of 105 further discussion of the proposed changes with the Community/Public Health Officer and the EM Staff Attorney it is my opinion that the language in section 302.7-6 regarding the authority of the Community/Public Health Office should remain as previously written; 302.7-6. Action when a Public Health Emergency is Proclaimed. When a public health emergency is proclaimed, the Public Health Officer may do all of the following, as necessary: (a) order an individual to receive a vaccination, unless the vaccination is reasonably likely to lead to serious harm to the individual or the individual, for reason of religion or conscience, refuses to obtain the vaccination; It is my opinion that the changing the language to read; When a public health emergency is proclaimed, the Community/Public Health Officer may do all of the following, as necessary: (a) order organize the vaccination of individuals; (1) The following types of individuals shall not be subject to a vaccination: (A) an individual to receive a vaccination, unless who the vaccination is reasonably likely to lead to serious harm to the individual or the; and (B) an individual, for reason of religion or conscience, refuses to obtain the vaccination. will weaken the authority of the Community/Public Health Officer. As I understand the language before the proposed changes, it does state that an individual has the right to refuse the order to vaccinate. Public Health Officers throughout the State of WI have the authori [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2e905217fd30b777. Public record. Not legal advice.