Oneida Business Committee (2022)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 45

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

June 15, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. June 1, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Elder Assistance Program Law (pg. 4)

IV.

New Submissions

1. Oneida Personnel Policies and Procedures Amendments: Designation of Juneteenth as a Paid

Holiday (pg. 38)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 45

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

June 1, 2022

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Marie Summers (Microsoft Teams)

Excused: Daniel Guzman King

Others Present: Clorissa N. Santiago, Shannon Davis, Lawrence Barton, Amy Spears (Microsoft

Teams), Nic Reynolds (Microsoft Teams), Iris Hill (Microsoft Teams), Justin Nishimoto (Microsoft

Teams), Kaylynn Gresham (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the June 1, 2022, Legislative Operating Committee meeting to order

at 9:02 a.m.

Motion by Jennifer Webster to adopt the agenda with one addition, the Elder Assistance

Program law; seconded by Marie Summers. Motion carried unanimously.

II.

Minutes to be Approved

1. May 18, 2022 LOC Meeting Minutes

Motion by Jennifer Webster to approve the May 18, 2022, LOC meeting minutes and

forward to the Business Committee; seconded by Kirby Metoxen. Motion carried

unanimously.

III.

Current Business

1. Healing to Wellness Court Law

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

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

unanimously.

Motion by Marie Summers to 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 June 15, 2022; seconded by Jennifer Webster. Motion carried

unanimously.

IV.

New Submissions

1. Emergency Adoption of the Oneida Nation Assistance Fund Law

Motion by Jennifer Webster to add the Oneida Nation Assistance Fund Law to the Active

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of June 1, 2022

Page 1 of 2

ONEIDA

3 of 45

Files List with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion

carried unanimously.

Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund law emergency

adoption packet and forward to the Oneida Business Committee for consideration;

seconded by Kirby Metoxen. Motion carried unanimously.

Additions

1. Elder Assistance Program Law

Motion by Kirby Metoxen to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Marie

Summers. Motion carried unanimously.

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:21 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of June 1, 2022

Page 2 of 2

4 of 45

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

June 15, 2022

Elder Assistance Program Law

Submission Date: 11/3/21

LOC Sponsor: David P. Jordan

Public Meeting: 5/18/22

Emergency Enacted: N/A

Summary: This request for a new law was brought forward by Councilman David P. Jordan based

on a recommendation from the Chief Financial Officer during the October 20, 2021, LOC meeting. This

request asks the LOC to consider developing a new law to establish an approved program under the

Oneida General Welfare law which transitions the Nation's Elderly 65+ Per Capita Payment Distribution

Fund, from being utilized for per capita payments to being utilized for general welfare assistance payments

for elders.

11/3/21 LOC: Motion by Marie Summers add the Elder Assistance Program law to the Active Files List with

David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.

1/13/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Clorissa N.

Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to review

the initial draft of the Law with the LOC and prepare for the work meeting next week with

Finance, Oneida Law Office, Trust Enrollment Department, and Trust Enrollment Committee.

1/19/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby

Metoxen, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Carl Artman,

Keith Doxtator, Lawrence Barton. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to begin discussing with the Oneida Law Office,

Finance, and Trust Enrollment Department the possibility of transitioning the Nation's Elderly

65+ Per Capita Payment Distribution Fund from being utilized for per capita payments to

being utilized for general welfare assistance payments for elders.

2/16/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to discuss next steps for moving this legislative

item forward.

2/22/22:

Work Meeting. Present: Clorissa N. Santiago, Carl Artman. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was for Carl to gain more

clarification on the purpose of the memorandum he is providing the Legislative Operating

Committee.

2/25/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to review the draft of the

Law and determine next steps for moving this item forward.

Page 1 of 3

A good mind. A good heart. A strong fire.

5 of 45

3/2/22 LOC:

Motion by Marie Summers to accept the draft of the Oneida Elder Assistance Program law

and defer to a work meeting for further discussion; seconded by Jennifer Webster. Motion

carried unanimously.

3/10/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was for the LOC to review and consider the input received from the Trust Enrollment

Department Director and the General Manager.

3/16/22 LOC: Motion by Marie Summers to approve the updated draft of the Elder Assistance Program law

and direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion

carried unanimously.

3/29/22:

Joint OBC and OTEC Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Jennifer Webster, Clorissa N. Santiago, Barbara Webster, Brandon

Yellowbird-Stevens, Carl Artman, Geraldine Danforth, John Danforth, Keith Doxtator,

Norbert Hill Jr., Sandra Skenandore, Shannon Davis, Tehassi Hill, Venessa Cardish, William

Gollnick, Lisa Liggins, Terry Cornelius. This was a joint Oneida Business Committee and

Oneida Trust Enrollment Committee meeting held through Microsoft Teams. The purpose of

this meeting was to provide the OTEC and the OBC an opportunity to discuss and provide

input on the Elder Assistance Program law.

4/14/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was for the LOC to review the

public comment period notice.

4/20/22 LOC: Motion by Jennifer Webster to approve the legislative analysis and public meeting packet and

forward the Elder Assistance Program law to a public meeting to be held on May 18, 2022;

seconded by Marie Summers. Motion carried unanimously.

5/18/22:

Public Meeting Held. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kirby

Metoxen, Clorissa N. Santiago, Cheryl Aliskwet Ellis, Shannon Davis, Edward Delgado,

Michael Denny, Barbara Cornelius, Carl Artman (Microsoft Teams), Carrie Lindsey

(Microsoft Teams), Gerald Sexton (Microsoft Teams), Jameson Wilson (Microsoft Teams),

Jeanette Ninham (Microsoft Teams), Mark W. Powless (Microsoft Teams), Michelle Myers

(Microsoft Teams), Matthew Cornelius (Microsoft Teams). The public meeting for the

proposed Elder Assistance Program law was held in person in the Norbert Hill Center and on

Microsoft Teams. Three (3) individuals provided public comment during the public meeting.

5/25/22:

Public Comment Period Closed. Three (3) submissions of written comments were received

during the public comment period.

6/1/22 LOC:

Motion by Kirby Metoxen to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Marie

Summers. Motion carried unanimously.

6/1/22:

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 for the LOC to review and consider the public

comments received.

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

6 of 45

Next Steps:

 Approve the updated public comment review memorandum, draft, legislative analysis and

fiscal impact statement request memorandum forward to the Finance Department directing

that a fiscal impact statement be prepared and submitted to the LOC by July 14, 2022.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

7 of 45

Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney

June 15, 2022

Elder Assistance Program Law: Public Comment Review with LOC Consideration

On May 18, 2022, a public meeting was held regarding the proposed Elder Assistance Program

law (“the Law”). The public comment period was then held open until May 25, 2022. The

Legislative Operating Committee reviewed and considered each public comment received on June

1, 2022. This memorandum serves as a review of the written comments received during the public

comment period.

Comment 1 – Possession of Knowledge of Elders:

1002.1. Purpose and Policy

1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its

elders. The Nation recognizes that its elders possess unique and irreplaceable stores of

knowledge, skill, culture, and experience that enhance and enrich the lives of every member

of the Nation. The interests of the Nation are advanced when its elders remain confident that

their general welfare needs can be met.

Edward Delgado (oral): Hey, thanks for this opportunity. Ohh, looking at this, generally, it

sounds really good. Oh, all these benefits and on page four (4). You could really rake it in, a lot of

stuff you can get. Uhh. However, I do have one question, a few questions. On line thirty-eight (38)

it talks about elders. I'm unclear. Do we process all these, all this knowledge? Or do we possess

it? Because it says process here, so it's kinda confusing. Uh, Myself, I feel as though I possess

some of these things. I don't process anything. Well, not right anyway. Umm, I think you meant

possess.

Response

The commenter references a grammatical error that was made within the legislative analysis. This

error in the legislative analysis will be revised. There is no revision to the Law recommended based

on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Page 1 of 16

A good mind. A good heart. A strong fire.

8 of 45

Comment 2 – Expiration of the Oneida General Welfare Law:

Edward Delgado (oral): Umm reminder, I have a question about no questions. But I do have a

question. You don't have to answer it. A reminder that this is based on the General Welfare law.

And the General Welfare law is due to expire soon. Uhh, trying to look at the different dates and

the different see the July or somewhere around there, maybe October? I'm not sure. So, this law is

based on that. So how can it last?

Response

The commenter questions how the Elder Assistance Program law can be promulgated under the

authority of the Oneida General Welfare law if the Oneida General Welfare law is set to expire.

The commenter is mistaken about the expiration of the Oneida General Welfare law. The Oneida

General Welfare law was adopted by the Oneida Business Committee on a permanent basis on

December 8, 2021, through the adoption of resolution BC-12-08-21-A. There is no revision to the

Law recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comment 3 – Involvement of the General Tribal Council:

Edward Delgado (oral): ? Uhh. Everybody likes the idea that we're not gonna pay taxes on this

umm, but the scary part is that it gives all the authority to their Business Committee, uhh to

determine amounts, when and if, and there's no regard to General, General Tribal Council. And,

uhh, it's long standing role in determining those benefits. Uh, there's a part in the General Welfare

law that says it all goes to GTC, I mean to the BC. And sole discretion upon the GTC. And you

don't have to write it that way. I think it would still be possible as a tax exempt assistance program

if you're just write that a little bit nicer to GTC, whereby it doesn't have to be sole discretion. You

can include GTC somewhere where it has the ultimate authority on whether or not these assistance

programs are determined. Uhh,I think that's about it.

Response

The commenter expresses displeasure with the idea of sole authority being provided to the Oneida

Business Committee through the Law to determine the amounts of assistance provided through the

Elder Assistance Program and the disbursement time periods, and desires instead that authority be

provided to the General Tribal Council. The Oneida Business Committee does not have sole

discretion as to the amounts of disbursements and timeframes for disbursements from the Elder

Assistance Program. The Law provides that the Oneida Business Committee, in consultation with

the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an

application submission period and disbursement timeframe for a distribution of assistance from

the Elder Assistance Program. [10 O.C. 1002.5-2]. The Law also provides that the Oneida Trust

Enrollment Committee shall determine the amount of assistance available to an eligible recipient

A good mind. A good heart. A strong fire.

Page 2 of 16

ONEIDA

9 of 45

from the Elder Assistance Program per any permitted distribution. [10 O.C. 1002.6-2]. The Elder

Assistance Program is funded through the Elder, Education and General Welfare Trust Fund,

which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund, and any other

funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1002.6-1]. The

Oneida Trust Enrollment Committee determines the amount of assistance available to an eligible

recipient from the Elder Assistance Program because the Oneida Trust Enrollment Committee is

the body responsible for the management of the Elder, Education and General Welfare Trust Fund.

If the Oneida Business Committee determines that the Elder Assistance Program should be funded

through an additional funding source than the Elder, Education and General Welfare Trust Fund,

then ultimately the General Tribal Council has the authority to adopt the Nation’s budget which

may contain the allocation of additional funds. There is no revision to the Law recommended based

on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment. The Legislative Operating Committee does plan to encourage the Trust Enrollment

Department and Oneida Trust Enrollment Committee to work with the Nation’s Treasurer to

discuss and plan for the future longevity and sustainability of the Elder, Education and General

Welfare Trust Fund.

Comments 4 – Funding Source:

1002.6. Funding

1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian

Claims Award Docket 75 Trust Fund, and any other funding source deemed necessary by

the Oneida Business Committee.

1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder

Assistance Program per any permitted distribution.

Edward Delgado (oral): Ohh my last question was where is this coming from? What? Like

money, usually determined by few per capita? Or is it coming through the, uhh, that seven hundred

dollars ($700) at sixty-five (65) year olds and over ger, uh, annually. Uh. From some kind of

investments? That doesn't say it, but I don't know if this is the sum total of what elders get. Which

was last year four thousand dollars ($4000), and that was really nice. But these things are nice too,

but I just don't think you should be giving all the authority to, to the Business Committee when we

have a constitution and we have precedence where benefits go to GTC for approval, or at least we

don't give it away. Thank you much.

Response

The commenter questions where the funding for the Elder Assistance Program is coming from.

The Elder Assistance Program is funded through the Elder, Education and General Welfare Trust

Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund, and

A good mind. A good heart. A strong fire.

Page 3 of 16

ONEIDA

10 of 45

any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1002.61]. The Oneida Trust Enrollment Committee determines the amount of assistance available to an

eligible recipient from the Elder Assistance Program because the Oneida Trust Enrollment

Committee is the body responsible for the management of the Elder, Education and General

Welfare Trust Fund. There is no revision to the Law recommended bases on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment. The Law is clear that the Elder Assistance Program is funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims

Award Docket 75 Trust Fund, and any other funding source deemed necessary by the Oneida

Business Committee. [10 O.C. 1002.6-1].

The Legislative Operating Committee also discussed the comments about the authority of the

General Tribal Council and the Oneida Business Committee and wanted to clarify any

misconceptions. Article III Section 1 of the Constitution and Bylaws of the Oneida Nation provides

that the General Tribal Council is the governing body of the Oneida Nation. Article III Section 3

then provides that the qualified voters of the Oneida Nation shall elect the Business Committee

which shall perform such duties as may be authorized by the General Tribal Council. The Oneida

Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal

Constitution by the General Tribal Council.

Additionally, it is important to note that the General Tribal Council delegated the authority to

develop and adopt legislation for the Nation to the Legislative Operating Committee and the

Oneida Business Committee through the adoption of the Legislative Procedures Act (“the LPA”)

through resolution GTC-01-07-13-A. The purpose of the LPA is to provide a process for the

adoption of laws of the Nation that has been sanctioned by the General Tribal Council. [1 O.C.

109.1-1]. The development of this Law, as well as the development of the Oneida General Welfare

law, has conformed with the process and procedure contained in the LPA.

Comments 5 through 6 – Specification of Annual Disbursements:

Michael Denny (oral): OK, thank you. I'm not gonna dwell on the legislative analysis. I wanna

go right to the Law, how its written. Umm, and under policy, line eight (8) - Interests of the Nation

are advanced when elders remain confident in their general welfare. I would like to insert the year

yearly or annual after their and before general. Because the way this is written, it doesn't say that

there will be an annual or yearly distribution. Also, under establishment, line forty-seven (47) The Elder Assistance Program is to provide financial assistance to elders. Also there, behind

provide and before financial assistance, insert yearly or annual. So we're aware of that these are

yearly things. There's nothing in here to say that this will be done on a yearly basis. It may be

inferred, but if it's not written down, how do we know it will occur? And also on line one hundred

and thirty-five (135) under funding - The Elder Assistance program should be funded through the

Elder Education and General Welfare Trust Fund. I also again would like to insert annually after

the word funded. Through the elder because that pinpoints to the elders that this will be done on

an annual basis. Right now, it doesn't say that. It just says that the Business Committee in

A good mind. A good heart. A strong fire.

Page 4 of 16

ONEIDA

11 of 45

conjunction with the Trust Committee, will set up a time. It doesn't say annual. And I think that

should be pointed out. And that's all I have to say. I agree with the premise of the law. I just think

that we could add the word annual or yearly in certain aspects. So we're clarified that the elders

understand that this will be a yearly or an annual thing. That's all I have to say. Thank you.

Oneida Nation Commission on Aging (written): The following written comments concerning

the proposed Elder Assistance Program,

are brought forth on behalf of the ONCOA commissioners who met on 5-24-22.

1. Under Establishment, line 47, the insertion of the word annual, to read: provide annual

financial assistance.

2. Under Guidelines and Requirements, line 71, the insertion of the word annual, to read:

adoption of an annual resolution.

3. Under Guidelines and Requirements, line 102, the insertion of the word annual, to read:

set through an annual resolution

4. Under 1002.6. Funding, line 135, the insertion of the word annually, to read: funded

annually through.

5. Under 1002.6. Funding, line 141, to delete the words: per any permitted distribution.

Response

The commenters request that the Law be revised so that the Law provides that the Elder Assistance

Program will provide annual assistance to elders. The Law provides that the Oneida Business

Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through

the adoption of a resolution an application submission period and disbursement timeframe for a

distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. The Legislative

Operating Committee decided to require the application submission period and disbursement

timeframe for a distribution of assistance from the Elder Assistance Program to be set through

resolution instead of including dates in the Law itself to allow for more flexibility. This added

flexibility allows the Oneida Business Committee and the Oneida Trust Enrollment Committee to

determine the application submission period and disbursement timeframe to best meet the needs

of elders – this means that the Oneida Business Committee and the Oneida Trust Enrollment

Committee can determine the best time of year to make a disbursement from the Elder Assistance

Program, whether the Elder, Education and General Welfare Trust Fund has the funds available to

make a disbursement during a given year, or whether multiple disbursements should be made in a

given year.

Whether to require the Law to provide that disbursements from the Elder Assistance Program will

be made on an annual basis is a policy decision for the Legislative Operating Committee to make.

The Legislative Operating Committee may make one of the following determinations:

1. The Law should remain as currently drafted, so that the application submission period and

disbursement timeframe for a distribution of assistance from the Elder Assistance Program

is set through resolution to allow for more flexibility in determining how best to meet the

needs of the Nation’s elders.

2. The Law should be revised to require that disbursements from the Elder Assistance

Program be made on an annual basis. If the Legislative Operating Committee makes this

determination, then the following revision to the Law is recommended:

A good mind. A good heart. A strong fire.

Page 5 of 16

ONEIDA

12 of 45

1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida

Trust Enrollment Committee, shall set forth through the adoption of a resolution an application

submission period and disbursement timeframe for a distribution of assistance from the Elder

Assistance Program. Distributions of assistance from the Elder Assistance Program shall occur on

an annual basis.

LOC Consideration

The Legislative Operating Committee was not in favor of revising the Law to be specify annual

disbursements from the Elder Assistance Program, and instead determined that the Law should

remain as currently drafted, so that the application submission period and disbursement timeframe

for a distribution of assistance from the Elder Assistance Program is set through resolution to allow

for more flexibility in determining how best to meet the needs of the Nation’s elders. The

Legislative Operating Committee discussed how the COVID-19 pandemic taught them the lesson

that the Nation needs to be able to pivot when necessary to address its financial needs, and therefore

it is important that the Law provides flexibility to the Elder Assistance Program in determining its

disbursements. The Legislative Operating Committee also discussed that the Elder Assistance

Program is contingent on the availability of funds from the Elder, Education and General Welfare

Trust Fund. [10 O.C. 1002.6-1]. Although the Oneida Business Committee may utilize any other

funding source as deemed necessary, the Oneida Business Committee is not required to obligate

additional funds to the Elder Assistance Program other than what is provided through the Elder,

Education and General Welfare Trust Fund. If there was a time where funding is not available

through the Elder, Education and General Welfare Trust Fund, then there may not be a

disbursement made through the Elder Assistance Program. Assistance provided under an approved

program of the Nation is not guaranteed, and assistance shall not be treated as a resource or asset

of a recipient for any purpose; and no recipient shall have an interest in or right to any funds

budgeted for, or set aside for, approved programs until paid. [10 O.C. 1001.6-1]. The Oneida

Business Committee reserves the right to cancel, adjust, modify or revoke any benefit. [10 O.C.

1001.6-2]. The Legislative Reference Office wanted to ensure that the Law is clear that the Elder

Assistance Program is contingent on funding from the Elder, Education and General Welfare Trust

Fund, and therefore directed that the following revision be made to the Law:

1002.6. Funding

1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims

Award Docket 75 Trust Fund,. The Oneida Business Committee may obligate additional funding

to the Elder Assistance Program through and any other funding source deemed necessary by the

Oneida Business Committee. Use of the Elder Assistance Program is contingent upon available

funding from the Elder, Education and General Welfare Trust Fund.

Comment 7 – Application Form:

1002.5. Guidelines and Requirements

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder

Assistance Program shall submit an application.

A good mind. A good heart. A strong fire.

Page 6 of 16

ONEIDA

13 of 45

(a) The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions.

Mark W. Powless (oral): Yaw^ko. Well, first off, I wholly support this effort. From an

implementation standpoint, currently, the GWA payments or GWE payments for membership are

handled through the online portal. And, and in reading the proposed law, it appears there's it

specifies an application form and I just want to make sure that there is no wording that that

prohibits adding this payment option to the existing online application form for the overall GWA

or GWE payments. So that's the first thing.

Response

The commenter wants to ensure that the Law will not prevent the Elder Assistance Program from

using the same online application forms from other approved programs that provide assistance in

accordance with the Oneida General Welfare law. The Law provides that Trust Enrollment

Department shall make available an Elder Assistance Program application form and instructions.

[10 O.C. 1002.5-3(a)]. The application is required, at a minimum, to collect the following

information:

 first and last name;

 date of birth;

 street address, city, state, zip code;

 phone number;

 e-mail address;

 enrollment number;

 bank account information for direct deposit if necessary;

 declaration from the applicant that their need exists, and all information provided therein

is accurate and in accordance with the laws of the Nation and federal law; and

 signature of the applicant, electronic or handwritten, affirming the attestation. [10 O.C.

1002.5-3(a)(1)(A)-(H)].

There is nothing in the Law that would prevent the Elder Assistance Program application from

being combined with an application of another approved program that provides assistance in

accordance with the Oneida General Welfare law as long as the minimum application requirements

of section 1002.5-3(a)(1)(A)-(H) of the Law are met. There is no recommend revision to the Law

based on this comment.

LOC Consideration

The Legislative Operating Committee agreed that there is nothing in the Law that would prevent

the Elder Assistance Program application from being combined with an application of another

approved program that provides assistance in accordance with the Oneida General Welfare law as

long as the minimum application requirements of section 1002.5-3(a)(1)(A)-(H) of the Law are

met. The Legislative Operating Committee also determined that an applicant’s middle name should

be required on the application. The Legislative Operating Committee directed the following

revision be made to the Law:

A good mind. A good heart. A strong fire.

Page 7 of 16

ONEIDA

14 of 45

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance

Program shall submit an application.

(a) The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

attestation declaration.

Comment 8 – Delegation of Responsibility to the Trust Enrollments Department:

1002.5. Guidelines and Requirements

1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review,

and permitted distribution of funds from the Elder Assistance Program to the qualifying

recipients.

1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Elder Assistance Program. The recipient shall retain receipts

for the expenditure of the funds associated with the Elder Assistance Program.

Mark W. Powless (oral): The second thing is, this is very specific, and it specifies that the Trust

Enrollment Department will process the payment. We are in, uhh, talks to transfer all the payments

or the process to do the payments to the Trust Enrollment Department. My only concern is if we

if that transition which is not complete, if that transition is not successful, we'll have two different

requirements for receiving GWA, GWA payments for our elders. So, they would have to go to if,

if all payments are not moved into Trust Enrollments, then elders would have to go to one area to

apply for one payment and another area to apply for another payment. So, if we are able to transfer

all payments over to Trust Enrollments that'll be fine. Then there's a one stop shop. But if we're

not, my worry is that the wording is so specific that it details that Trust Enrollments will handle

these payments it may be best not to identify which department must handle the payment process.

Thank you.

Response

The commenter expresses concern that the Law is specific in its designation of the Trust

Enrollment Department as the area responsible for the oversight of the Elder Assistance Program,

and how this may relate to other approved programs of the Nation that provide assistance under

the Oneida General Welfare law. The Law provides that the Trust Enrollment Department shall

A good mind. A good heart. A strong fire.

Page 8 of 16

ONEIDA

15 of 45

oversee the collection, review, and permitted distribution of funds from the Elder Assistance

Program to the qualifying recipients. [10 O.C. 1002.5-6]. The Trust Enrollment Department is

responsible for making available an Elder Assistance Program application form and instructions,

and is also responsible for the maintenance of records for the Elder Assistance Program. [10 O.C.

1002.5-3(a), 1002.5-7].

The Legislative Operating Committee is currently developing an Oneida Nation Assistance Fund

law to be considered by the Oneida Business Committee for emergency adoption on June 8, 2022.

The Oneida Nation Assistance Fund law codifies resolution BC-04-14-21-D, Oneida Nation

Assistance Fund, and creates an approved program of the Nation to govern how the Nation

provides financial assistance to its members, pursuant to the Oneida General Welfare law. It is the

intent of the Oneida Nation Assistance Fund law that the Trust Enrollments Department be the

body responsible for the collection, review, and permitted distribution of funds from the Oneida

Nation Assistance Fund. Due to the fact that the Trust Enrollments Department is the body

designated the responsibility to oversee both the Elder Assistance Program and the Oneida Nation

Assistance Fund, the commenters concern regarding consistency in the oversight of these two (2)

approved programs is moot, and there is no revision to the Law recommended based on this

comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comments 9 through 10 – Replacement of Elder Per Capita:

Florence Petri (written): 1. Is this replacing the elder percentage?

Florence Petri (written): If this is replacing percapita, elders shouldn't have to apply

Response

The commenter questions if the Elder Assistance Program law is replacing the elder per capita

payment, and if so, provides that elders should not have to apply. The Elder Assistance Program

is not a per capita payment.

Per capita payments are the distribution of money to all members of the Nation, or to identified

groups of members, which is paid directly from the net revenues of tribal gaming activity. Per

capita payments made to members are taxable, and can be utilized by the member however they

wish.

Approved programs under the Oneida General Welfare law, such as the Elder Assistance Program,

are established and operated to promote the general welfare of the Nation, including programs

designed to enhance the promotion of health, education, self-sufficiency, self-determination, and

the maintenance of culture and tradition, entrepreneurship, and employment. [10 O.C. 1001.43(a)]. The Oneida General Welfare law provides that any assistance provided through an approved

A good mind. A good heart. A strong fire.

Page 9 of 16

ONEIDA

16 of 45

program to a recipient shall be treated as a General Welfare Exclusion, and be non-taxable, as long

as the following criteria of the General Test are met:

 The assistance is paid on behalf of the Nation;

 The assistance was provided pursuant to an approved program;

 The assistance does not discriminate in favor of members of the governing body of the

Nation;

 The assistance is available to any member who meets the guidelines of the approved

program;

 The assistance is provided for the promotion of general welfare;

 The assistance is not lavish or extravagant;

 The assistance is not compensation for services; and

 The assistance is not a per capita payment. [10 O.C. 1001.4-2, 1001.4-3].

General welfare assistance provided under an approved program of the Nation can only be used

for the purpose stated in the approved program description. [10 O.C. 1001.5-4]. Assistance

provided through approved programs is funded through the Nation’s budget, or through third-party

funding if available. [10 O.C. 1001.5-3]. The Elder Assistance Program is funded through the

Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian

Claims Award Docket 75 Trust Fund, and any other funding source deemed necessary by the

Oneida Business Committee. [10 O.C. 1002.6-1].

Overall, the Oneida General Welfare law provides a separate mechanism than per capita payments

to provide assistance to members of the Nation on a non-taxable basis to best meet their general

welfare needs. It is the intent of the Nation that the Elder, Education and General Welfare Trust

Fund will transition from funding elder per capita payments to funding elder general welfare

assistance instead.

Both the Per Capita law and the Elder Assistance Program law require an individual to submit an

application to be eligible to receive a payment. [1 O.C. 123.5-2, 10 O.C. 1002.5-3].

There is no revision to the Law recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comment 11 – Effect on Existing Programs:

Florence Petri (written): 2. Does this affect the Aging program Home repair program and major

home program, Community Support program and burial fund?

Response

The commenter questions whether the Elder Assistance Program will effect the Nation’s home

repair program, Community Support program, or burial fund program. No, the Elder Assistance

Program will have no effect on existing programs of the Nation. The Elder Assistance Program is

A good mind. A good heart. A strong fire.

Page 10 of 16

ONEIDA

17 of 45

a separate approved program of the Nation which has been created for the purpose of providing

financial assistance to elders of the Nation to address the unique and compounding general welfare

needs of elders. [10 O.C. 1002.4-1]. There is no revision to the Law recommended based on this

comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment. The Elder Assistance Program is funded through the Elder, Education and General

Welfare Trust Fund, which was derived from the Emigrant NY Indian Claims Award Docket 75

Trust Fund. [10 O.C. 1002.6-1]. The Oneida Business Committee may also fund the Elder

Assistance Program through any other funding source in addition to the Elder, Education and

General Welfare Trust Fund if deemed necessary. Id. Other programs of the Nation such as the

Community Support Fund and the Oneida Life Insurance Plan Plus (OLIPP) are funded through

other separate means.

Comment 12 – Residency on Reservation Requirements:

1002.5. Guidelines and Requirements

1002.5-1. Eligibility. The Elder Assistance Program shall be open to any individual who

meets the following criteria:

(a) is a member of the Nation;

(b) is age sixty-five (65) or older; and

Florence Petri (written): 3. Is this Reservation only?

Response

The commenter questioned if residency on the Reservation will be required to received assistance

from the Elder Assistance Program. No, residency on the Reservation is not an eligibility

requirement for the Oneida Nation Assistance Program. The Elder Assistance Program is open to

any individual who is:

 A member of the Nation;

 Age sixty-five (65) or older; and

 Submits a completed application during the designated submission timeframe. [10 O.C.

1002.5-1(a)-(c)].

There is no revision to the Law recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

A good mind. A good heart. A strong fire.

Page 11 of 16

ONEIDA

18 of 45

Comment 13 – Declaration of Need:

1002.5. Guidelines and Requirements

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance

Program shall submit an application.

(a) The Trust Enrollment Department shall make available an Elder Assistance

Program application form and instructions.

(1) The application shall require, at a minimum, the following information:

(H) declaration from the applicant that their need exists, and all

information provided therein is accurate and in accordance with the

laws of the Nation and federal law; and

Florence Petri (written): 4. Where do you get the declaration?

Response

The commenter questions where an individual can get the declaration that is required by section

1002.5-3(a)(1)(H) of the Law. The Law provides that the application must require a declaration

from the applicant that their need exists, and all information provided therein is accurate and in

accordance with the laws of the Nation and federal law. [10 O.C. 1002.5-3(a)(1)(H)]. It is intended

that the individual be able to make this declaration right on the application for assistance from the

Elder Assistance Program. Most recently, on a different application for assistance from an

approved program of the Nation under the Oneida General Welfare law, the declaration was made

on the application form by checking a box on the application. There is no revision to the Law

recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comment 14 – Release of Information:

1002.5. Guidelines and Requirements

1002.5-3(b)(1) The information provided in the Elder Assistance Program application form

may be provided to any department, division, or personnel that processes the applications.

Florence Petri (written): 5. Line 98-99. Instead of using any, use only to and specify. Will there

be a Release of info form?

Response

The commenter questions if there will be a release of information form for the Elder Assistance

Program. The Law provides that the information provided in the Elder Assistance Program

application form may be provided to any department, division, or personnel that processes the

applications. [10 O.C. 1002.5-3(b)(1)]. Therefore, there will not be a release of information form

A good mind. A good heart. A strong fire.

Page 12 of 16

ONEIDA

19 of 45

for an individual to authorize the release of their information, as the Law already provides that the

information may be shared with any department, division, or personnel that processes the

application.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comment 15 – Other Options:

Florence Petri (written): Other options: Instead of paying for home repairs, why don't tribe pay

for policies that cover home repairs. Examples:

American Home Shield

Choice Home Warrenty

First American

Instead of paying for Home Care Assistance, why don't tribe pay for Long Term Care Insurance

policies. Example:

Medicare Supplements

Medicap policies

Tribe gets funds for an Information & Referral Specialist and Elder Benefits Specialist who can

assist in these resources available for Home & Community based services. Aging and Disability

resource centers are a critical entry point who provides options counseling and enrollment services

to Family Care and Self direct programs

Shouldn't the tribe be payor of last resort after all other resources have been exhausted.

Response

The commenter questions the use of resources in the Elder Assistance Program, and whether it

would be better suited if the Nation was a payor of last resort after other resources and services

that are available to elders are utilized first. Overall, the purpose of this Law is to provide general

welfare assistance to elders – in addition to any other program or service that may be out there –

to ensure that the Nation’s elders remain confident that their general welfare needs can be met. [10

O.C. 1002.1-2]. Whether to create the Elder Assistance Program and provide general welfare

assistance to the Nation’s elders is a policy decision for the Legislative Operating Committee, and

the Legislative Operating Committee has determined to pursue the development of this law. There

is no revision to the Law recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

A good mind. A good heart. A strong fire.

Page 13 of 16

ONEIDA

20 of 45

Comment 16 – Purpose of Law:

1002.1. Purpose and Policy

1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to

govern how the Nation provides financial assistance to elders, pursuant to the principles of

General Welfare Exclusion.

1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its

elders. The Nation recognizes that its elders possess unique and irreplaceable stores of

knowledge, skill, culture, and experience that enhance and enrich the lives of every member

of the Nation. The interests of the Nation are advanced when its elders remain confident that

their general welfare needs can be met.

Florence Petri (written): Not sure of the reasoning for this law or purpose.

Response

The commenter questioned the purpose of this Law. The purpose of this law is to establish the

Elder Assistance Program to govern how the Nation provides financial assistance to elders,

pursuant to the principles of General Welfare Exclusion and the Oneida General Welfare law. [10

O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders.

The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation. The

interests of the Nation are advanced when its elders remain confident that their general welfare

needs can be met. [10 O.C. 1002.1-2]. There is no revision to the Law recommended based on this

comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

Comment 17 – Qualifying Expenditures:

1002.5. Guidelines and Requirements

1002.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Elder Assistance Program by the

recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the

following:

(1) water;

(2) electricity;

A good mind. A good heart. A strong fire.

Page 14 of 16

ONEIDA

21 of 45

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(d) costs associated with home care assistance;

(e) costs associated with vehicle payments, maintenance, repair, and insurance;

(f) costs associated with medical care and transportation, room, and board costs for

seeking medical care;

(g) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

(h) costs related to any other emergency circumstance.

Florence Petri (written): Who determines what's considered qualifying expenses?

Response

The commenter questions who determines what is considered a qualifying expenditure. The Law

provides that the following types of expenses shall be considered qualifying expenditures for use

of assistance from the Elder Assistance Program by the recipient:

 costs relating to housing needs of principal residences such as:

 mortgage payments, rent payments, and down payments;

 enhancements for habitability of housing;

 basic housing repairs or rehabilitation;

 improvements to adapt housing for special health needs;

 costs for paying utility bills and charges, including, but not limited to, the following:

 water;

 electricity;

 gas;

 basic communication services such as:

 phone;

 internet; and

 cable;

 costs associated with food security;

 costs associated with home care assistance;

 costs associated with vehicle payments, maintenance, repair, and insurance;

 costs associated with medical care and transportation, room, and board costs for seeking

medical care;

 funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

 costs related to any other emergency circumstance. [10 O.C. 1002.5-5].

A recipient may use the assistance received from the Elder Assistance Program for any of the types

of qualifying expenditures listed in section 1002.5-5 of the Law. The recipient is responsible for

retaining receipts for the expenditure of the funds associated with the Elder Assistance Program.

A good mind. A good heart. A strong fire.

Page 15 of 16

ONEIDA

22 of 45

[10 O.C. 1002.5-7]. All assistance provided through an approved program shall be used for the

purpose stated in the approved program description. [10 O.C. 1001.5-4]. If assistance is used or

pledged for a purpose inconsistent with the purpose set forth in an approved program, then the

payment shall be deemed forfeited. Id. The Nation may secure repayment from any recipient who

forfeited their assistance. Id.

There is no revision to the Law recommended based on this comment.

LOC Consideration

The Legislative Operating Committee agreed there is no revision to the Law necessary based on

this comment.

A good mind. A good heart. A strong fire.

Page 16 of 16

ONEIDA

23 of 45

Draft 3 (Redline to Draft 2 – PM Draft)

2022 06 15

Title 10. General Welfare Exclusion - Chapter 1002

ELDER ASSISTANCE PROGRAM

1002.1. Purpose and Policy

1002.2. Adoption, Amendment, Repeal

1002.3. Definitions

1002.4. Establishment

1002.5. Guidelines and Requirements

1002.6. Funding

1002.1. Purpose and Policy

1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the principles ofOneida General

Welfare Exclusionlaw.

1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its elders.

The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation. The

interests of the Nation are advanced when its elders remain confident that their general welfare

needs can be met.

1002.2. Adoption, Amendment, Repeal

1002.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1002.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1002.2-3. 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.

1002.2-4. 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.

1002.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1002.3. Definitions

1002.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

10 O.C. 1002 – Page 1

24 of 45

approved program requirements.

1002.4. Establishment

1002.4-1. Establishment. The Elder Assistance Program is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Elder Assistance Program is to provide financial assistance to elders of the Nation to address the

unique and compounding general welfare needs of elders.

1002.4-2. General Welfare Exclusion. The Elder Assistance Program meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion

Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Elder Assistance Program

is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1002.5. Guidelines and Requirements

1002.5-1. Eligibility. The Elder Assistance Program shall be open to any individual who meets

the following criteria:

(a) is a member of the Nation;

(b) is age sixty-five (65) or older; and

1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida

Trust Enrollment Committee, shall set forth through the adoption of a resolution an application

submission period and disbursement timeframe for a distribution of assistance from the Elder

Assistance Program.

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance

Program shall submit an application.

(a) The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

10 O.C. 1002 – Page 2

25 of 45

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

attestationdeclaration.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Elder Assistance Program,

either through direct deposit or check.

(b) Applicants shall complete and return the Elder Assistance Program application form

to the Trust Enrollment Department by the deadline set through resolution by the Oneida

Business Committee in order to be eligible for assistance from the Elder Assistance

Program.

(1) The information provided in the Elder Assistance Program application form

may be provided to any department, division, or personnel that processes the

applications.

1002.5-4. Disbursement of Funds. Assistance provided through the Elder Assistance Program

shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business

Committee. Funds from the Elder Assistance Program may be disbursed through direct deposit, or

check, depending on the selection made on the application by the recipient.

1002.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Elder Assistance Program by the recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(d) costs associated with home care assistance;

(e) costs associated with vehicle payments, maintenance, repair, and insurance;

(f) costs associated with medical care and transportation, room, and board costs for seeking

medical care;

(g) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

(h) costs related to any other emergency circumstance.

1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Elder Assistance Program to the qualifying recipients.

1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Elder Assistance Program. The recipient shall retain receipts for

the expenditure of the funds associated with the Elder Assistance Program.

10 O.C. 1002 – Page 3

26 of 45

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

1002.6. Funding

1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims

Award Docket 75 Trust Fund, and. The Oneida Business Committee may obligate additional

funding to the Elder Assistance Program through any other funding source deemed necessary by

the Oneida Business Committee. Use of the Elder Assistance Program is contingent upon available

funding from the Elder, Education and General Welfare Trust Fund.

1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder Assistance

Program per any permitted distribution.

End.

Adopted – BC-__-__-__-__

10 O.C. 1002 – Page 4

27 of 45

Draft 3

2022 06 15

Title 10. General Welfare Exclusion - Chapter 1002

ELDER ASSISTANCE PROGRAM

1002.1. Purpose and Policy

1002.2. Adoption, Amendment, Repeal

1002.3. Definitions

1002.4. Establishment

1002.5. Guidelines and Requirements

1002.6. Funding

1002.1. Purpose and Policy

1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare

law.