Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

May 15, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 1, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Land Trust Law (pg. 4)

2. Investigative Leave Policy Amendments (pg. 7)

3. Petition C. Kestell: Address Housing Issues/Veterans Home Loan Program (pg. 21)

IV.

New Submissions

1. Computer Resource Ordinance Amendments (pg. 34)

2. Vehicle Driver Certification and Fleet Management Law Amendments (pg. 35)

Additions

VI.

Administrative Updates

1. Change to the Bylaws Amendment Process and Removal of Bylaws from the Active Files List

(pg. 36)

VII.

Executive Session

VIII. Recess/Adjourn

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

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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

May 1, 2024

9:00 a.m.

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

Others Present: Clorissa N. Leeman

Others Present on Microsoft Teams: Fawn Cottrell, Grace Elliott, Kristal Hill, Maureen Perkins,

Nicole Rommel, Ralinda Ninham-Lamberies, Kaylynn Gresham, Bobbi Webster, Carolyn Salutz,

Katsitsiyo Danforth, Rae Skenandore, Eric Boulanger, Peggy Helm-Quest, Tavia James-Charles,

Ronald Vanschyndel, Janice Decorah, Todd Vanden Heuvel, Derrick King, Lisa Moore, Rhiannon

Metoxen

Call to Order and Approval of the Agenda

Jameson Wilson called the May 1, 2024, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster approve the agenda; seconded by Marlon Skenandore. Motion

carried unanimously.

II.

Minutes to be Approved

1. April 17, 2024 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the April 17, 2024, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Petition: C. Kestell - Address Housing Issues/Veterans Home Loan Program

Motion by Jennifer Webster to accept the status update for the Petition C. Kestell: Address

Housing Issues/Veterans Home Loan Program and forward to the Oneida Business

Committee; seconded by Jonas Hill. Motion carried unanimously.

2. Eviction and Termination Law Amendments

Motion by Jonas Hill to approve the memorandum entitled, Follow up on February 25,

2024, GTC Directive for Amendments to the Eviction and Termination Law, and

corresponding materials and forward to the Oneida Business Committee; seconded by

Marlon Skenandore. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of May 1, 2024

Page 1 of 2

ONEIDA

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IV.

New Submissions

1. GWA Law – Cultural Significant Event Pow Wow Participant

Motion by Jennifer Webster to add the Culturally Significant Event Participation Program

Law to the Active Files List with Marlon Skenandore as the sponsor; seconded by Jonas

Hill. Motion carried unanimously.

2. Oneida Nation School Board Bylaws Amendments

Motion by Jonas Hill to add the Oneida Nation School Board Bylaws Amendments to the

Active Files List with Marlon Skenandore as the sponsor; seconded by Jennifer Webster.

Motion carried unanimously.

Additions

VI.

Administrative Items

1. Legislative Operating Committee Fiscal Year 2024 Second Quarter Report

Motion by Jennifer Webster to approve the Legislative Operating Committee Fiscal Year

2024 Second Quarter Report and forward to the Oneida Business Committee; seconded by

Jonas Hill. Motion carried unanimously.

2. Approval of June 4, 2024 LOC Community Meeting Notice

Motion by Jennifer Webster to approve the revised LOC community meeting notice and

reschedule the community meeting to take place on June 4, 2024.; seconded by Kirby

Metoxen. Motion carried unanimously.

3. Approval of June 19, 2024 LOC Community Meeting Notice

Motion by Jennifer Webster to approve the LOC community meeting notice and schedule

the community meeting to take place on June 19, 2024.; seconded by Marlon Skenandore.

Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:26 a.m.; seconded by Jennifer Webster.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 1, 2024

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 15, 2024

Oneida Land Trust Law

Submission Date: 10/21/2020

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

LOC Sponsor: Jameson Wilson

Summary: This item was carried over from last term, and originally added to the Active Files List

on October 21, 2020, per the request of Councilman Daniel Guzman King, for purposes of protecting

and preserving Oneida land for future generations by creating an Oneida Land Trust that would place

land under the jurisdiction and authority of the Nation, thereby eliminating many of the land use and

jurisdictional issues that arise when placed in trust with the federal government.

10/4/23 LOC: Motion by Jonas Hill to add the Oneida Land Trust Law to the Active Files List with

Jameson Wilson as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

11/6/2023:

Work Meeting. Present: Krystal John, Grace Elliott, Clorissa Leeman. The purpose of

this meeting was to share information related land trusts including case law, history,

current efforts that are underway to provide additional protections for Oneida land, and

alternative avenues for additional protections. Next steps are to seek clarification on

what protections are sought and develop an effective strategy for achieving them.

1/15/24:

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

Skenandore, via teams: Kristal Hill, Maureen Perkins, Fawn Cottrell. The purpose of

this meeting is to review preliminary research findings related to a Land Trust Law and

to open discussions on the goals that this law is seeking to meet.

4/3/24:

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

Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Maureen

Perkins. The purpose of this work meeting was to set a priority for this legislative item.

The LOC decided this should be moved to a low priority.

5/1/24:

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

Marlon Skenandore, Clorissa Leeman, Grace Elliott. The purpose of this meeting was

to discuss whether continuing to pursue the development of a Land Trust law is the best

use of resources at this time.

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Next Steps:



Remove the Oneida Land Trust law from the Active Files List.

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

ONEIDA

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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000000

ONEIDA

Legislative Operating Committee

Grace Elliott, Legislative Reference Office, Staff Attorney

May 15, 2024

Request to Remove the Land Trust Law from the Active Files List

Background

This item was carried over from last term, and originally added to the Active Files List on October

21, 2020, per the request of Councilman Daniel Guzman King, for purposes of protecting and

preserving Oneida land for future generations by creating an Oneida Land Trust that would place

land under the jurisdiction and authority of the Nation, thereby eliminating many of the land use

and jurisdictional issues that arise when placed in trust with the federal government.

The Legislative Operating Committee reviewed information pe1iaining to the potential purposes

an Oneida Land Trust law might serve during meetings on October 4, 2023, November 6, 2023,

January 15, 2024, April 3, 2024, and May 1, 2024.

Issue

After consultation. with the Oneida Law Office, it was determined that placing the Nation's fee

land into an Oneida Land Trust under an Oneida Land Trust law would not provide tax or

jurisdictional benefits comparable to placing such land into federal trust status or restricted fee

status.

Tribal fee land held in a land trust is subject to a wide aiTay of complex jurisdictional matters and

tax consequences depending on the many layers of governmental authorities any given propeiiy

may be subject to. CmTently available mechanisms for protecting tribal fee land such as moving it

into federaltrust status or restricted fee status provide tax and jurisdictional benefits superior to

placing tribal .fee.land into a land trust.

Requested Action

Remove the·OneidaLand Trust law from the Active Files List so that resources may be allocated

to tasks that promise greater benefit to the Nation at this time.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 15, 2024

Investigative Leave Policy

Amendments

Submission Date: 2/6/19

LOC Sponsor: Marlon Skenandore

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

Summary: This item was carried over from the last three (3) terms. In February 2019, the

Nation’s Human Resources Department requested amendments to this law to address investigative

enforcement. Amendments to the law are being sought to delegate authority to investigators to put

employees on investigative leave (as opposed to just the supervisor of the employee), and discipline

employees. An amendment was also sought so that if terminated, an employee would be ineligible for

employment with the Nation but may request forgiveness after five (5) years. This item was added to

the AFL in conjunctions with a request for amendments to the Oneida Personnel Policies and

Procedures and the Workplace Violence law.

10/7/20 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to the

Active Files List with David Jordan as the sponsor; seconded by Marie Summers.

Motion carried unanimously.

10/10/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

Salutz, Grace Elliott. This was an introductory meeting to open discussions around the

Investigative Leave Policy and any potential additional amendments including but not

limited to amending the leave to a paid status rather than unpaid.

11/29/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

Salutz, Grace Elliott. This meeting continued discussions around delegating authority

to investigators so that they are empowered act quickly to ensure a safe work

environment; and, to amend the policy in a comprehensive manner that more

accurately reflects its investigative purpose. The comprehensive amendment

discussion included but was not limited to paid leave, continuation of benefits and

credit for service time.

12/19/22:

Work Meeting. Present Todd Vanden Heuvel, Matthew Denny, Nicolas Reynolds,

Joshua Cottrell, Wendy Alverez, Whitney Wheelock, Clorissa Santiago, Carolyn

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Salutz, Grace Elliott. This purpose of this meeting was to review draft language

implementing proposed amendments, and to discuss the use of investigative leaves in

other Laws.

12/21/22:

Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Marie

Cornelius, Kirby Metoxen, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The

purpose of this meeting was to gather feedback from the LOC on amending the

Investigative Leave Policy from unpaid leave to paid leave. The consensus was to

move forward with drafting paid leave options for consideration.

01/12/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Daniel Guzman, Kristal Hill,

Carolyn Salutz, Clorissa Leeman, Grace Elliott. The purpose of the meeting was to

gather direction from the LOC on whether an objective of the Investigative Leave

Policy should be to consolidate all investigative leave policies in one Law. Consensus

from the members present supported moving in a consolidated direction, to be

considered further in conjunction with HRD at another meeting scheduled January

20th, 2023.

01/20/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel

Guzman, Carolyn Salutz, Clorissa Leeman, Grace Elliott, Todd Vanden Heuvel,

Matthew Denny, Joshua Cottrell, Peggy Van Gheem, Whitney Wheelock, Wendy

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

meeting was to begin review of the draft paid investigative leave language.

1/26/23 LOC: Work Meeting. Present: David Jordan, Jennifer Webster, Kirby Metoxen, Daniel

Guzman, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting

was to update with a review of edits drafted based on suggestions from the prior

meeting.

2/13/23:

Work meeting. Present: Brenda Mendolla-Buckley, Carolyn Salutz, Chad Fuss,

Clorissa Leeman, Debra Powless, Derrick King, Grace Elliott, Kathleen King, Lorna

Skenandore, Lucy Neville, Mark Powless, Peggy Van Gheem, Sarah White. The

purpose of this meeting was to solicit feedback and share information regarding

amendments under consideration, and the Investigative Leave Policy in general, with

the General Managers and their delegates.

2/17/23 LOC: Work meeting. Present: David Jordan, Kirby Metoxen, Marie Cornelius, Daniel

Guzman, Debra Powless, Mark Powless, Peggy Van Gheem, Wendy Alvarez,

Matthew Denny, Whitney Wheelock, Rita Reiter, Todd Vanden Heuvel, Grace Elliott.

The purpose of this meeting was to consider feedback and review an amended and

proposed final draft Investigative Leave Policy.

3/7/23 LOC: Work Meeting. Present: Kirby Metoxen, Marie Cornelius, Daniel Guzman, Jennifer

Webster, Clorissa Leeman, Carolyn Salutz, Matthew Denny, Rhiannon Metoxen,

Derrick King, Lorna Skenandore, Donna Smith, Joshua Cottrell, Rita Reiter, Wendy

Alvarez, Louise Cornelius, Kristal Hill, Mark Powless, Debra Powless, Todd Vanden

Heuvel, Grace Elliott. The purpose of this meeting was to continue development of

potential paid and unpaid aspects of an investigative leave.

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ONEIDA

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3/24/23 LOC: Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Daniel

Guzman, Todd Vanden Heuvel, Lorna Skenandore, Derrick King, Mark Powless,

Wendy Alvarez, Debra Powless, Matthew Denny, Kristal Hill, Donna Smith, Grace

Elliott. The purpose of this meeting was to discuss the extent to which benefits will be

made available on investigative leave, and to continue to develop notice criteria, lines

of authority and responsibilities.

4/28/23 LOC: Work Meeting. Present: David Jordan, Marie Cornelius, Daniel Guzman, Debra

Powless, Peggy Van Gheem, Todd Vanden Heuvel, Whitney Wheelock, Wendy

Alvarez, Laura Laitinen-Warren, Derrick King, Rita Reiter, Rhiannon Metoxen, Lorna

Skenandore, Daniel Habeck. The purpose of this meeting was to evaluate various

options for specific sections of the law.

5/3/23 LOC: Work Meeting. David Jordan, Marie Cornelius, Daniel Guzman, Kirby Metoxen,

Clorissa Leeman, Kristal Hill, Matthew Denny. The purpose of this meeting evaluate

options for specific sections of the Law that had evolved through discussion at the

previous meeting.

10/4/23 LOC: Motion by Jennifer Webster to add the Investigative Leave Policy Amendments to the

Active Files List with Marlon Skenandore as the sponsor; seconded by Jonas Hill.

Motion carried unanimously.

1/8/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon

Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn

Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy

Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney

Wheelock, Carolyn Salutz. The purpose of this meeting was to provide an introduction

to the Investigative Leave law and begin review of the law.

3/4/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon

Skenandore, Jennifer Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn

Billie, Kristal Hill, Maureen Perkins, Todd Vanden Heuvel, Matthew Denny, Peggy

Van Gheem, Mark Powless, Lucy Neville, Dana Thyssen, Wendy Alvarez, Whitney

Wheelock. The purpose of this meeting was to review the law with a particular focus

on amendments that were made pursuant to the January 8, 2024, meeting.

4/30/24:

Work Meeting. Present: Kirby Metoxen, Jameson Wilson, Marlon Skenandore, Grace

Elliott, Fawn Cottrell, Kristal Hill, Peggy Van Gheem, Todd Vanden Heuvel, Matthew

Denny, Mark Powless, Lucy Neville, Maureen Perkins, Carolyn Salutz, Fawn Billie.

The purpose of this meeting was to review the final draft of the Investigative Leave law

for any additional amendments.

Next Steps:

 Approve the draft of the Investigative Leave Policy Amendments and direct that a

legislative analysis be developed.

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ONEIDA

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Title 2. Employment – Chapter 208

INVESTIGATIVE LEAVE LAWPOLICY

208.1 Purpose and Policy

208.2 Adoption, Amendment, Repeal

208.3 Definitions

208.4 Scope

208.5 Authorization

208.6 Employee Notice

208.7 Investigator(s) and Reports

208.8 Duration

208.9 Employee Responsibilities

208.10 EnforcementPay and Benefits

208.11 AppealEnforcement

208.12 ConfidentialityAppeal

208.13 Confidentiality

208.1 Purpose and Policy

208.1-1

The purpose of this lawPolicy is to set forth a process to address investigative

leave for employees undergoing work-related investigations.

208.1-2.

It is the policy of the Oneida Tribe of the NationIndians of Wisconsin to conduct

objective, confidential investigations into alleged employee misconduct.maintain confidentiality

and avoid undue influence when conducting an investigation into an employee’s alleged wrong

doings.

208.2 Adoption, Amendment, Repeal

208.2-1. This lawpolicy was adopted by the Oneida Business Committee by resolution BC-0407-99-A, and amended by resolution BC-08-13-14-D, and BC-06-24-15-A, and BC-_-_-_-_.

208.2-2. This lawpolicy 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.

208.2-3. Should a provision of this lawpolicy or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this

lawpolicy which are considered to have legal force without the invalid portions.

208.2-4. In the event of a conflict between a provision of this lawpolicy and a provision of

another lawpolicy, the provisions of this lawpolicy shall control.

208.2-5. This lawpolicy is adopted under authority of the Constitution of the Oneida Nation.

Tribe of Indians of Wisconsin.

208.3 Definitions

208.3-1. This section shall governs the definitions of words and phrases used within this

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

(a) “Day” means calendar day.

(a)(b) “Employee” shall means any individual who is employed by the NationTribe and

is subject to the direction and control of the Tribe with respect to the material details of

the work performed, or who has the status of an employee under the usual common law

rules applicable to determining the employer-employee relationship. “Employee”

includes, but is not limited to; an individual employed by any program or enterprise of

the Tribe, but does not include elected or appointed officials or individuals employed by

a corporation chartered by the Nation.political appointees.

(b)(c) “Investigative leave” shall means a temporary absence from an employee’sregular

job duties for the purpose of conducting an investigation into alleged employee

misconduct.to determine whether conduct or alleged conduct by an employee should

result in disciplinary action and/or termination of employment.

(d) “Nation”“Tribal” or “Tribe” shall means the Oneida Nation.Tribe of Indians of

2 O.C. 208 – Page 1

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Wisconsin.

(c)(e) “Workplace” means any location owned and operated by the Nation, any location

where employees are staffing an event sponsored by the Nation, and any location where

an employee represents the Nation, including over-the-road travel in Nation owned or

rented vehicles and any circumstances where an employee is being reimbursed for

expenses.

208.4 Scope

208.4-1. An employee shall be placed on investigative leave when a situation requires an

investigation be conducted and one (1) of the following occurs:

(a) The nature and severity of the alleged violation, or alleged illegal activity, is

significant; including but not limited to:A situation requires an investigation be

conducted and the employee’s presence may influence the outcome.

(1) Workplace violence;

(2) Sexual harassment;

(3) Theft;

(4) Arson, bribery, or perjury; or

(5) Obstruction or interference with an investigation authorized by the Nation.

(a)(b) The employee’s presence in the workplace may result in the destruction of

evidence relevant to the investigation, result in loss or damage to property of the Nation,

or otherwise damage legitimate interests of the Nation; including, but not limited to

classified, privileged, proprietary, financial or medical records; and the privacy of

individuals whose data the Nation holds in its systems.

safety, health, or personal property of employees, contractors, vendors or visitors to a

facility of the Nation.

(b)(d) An employee allegedly commits an act which would preclude the employee from

meeting employment eligibility including required lLicenses, the Tribal fFidelity bBond,

commercial crime policy, or bBackground iInvestigation requirements.

208.4-2. This policy shall not be used as a form of discipline.

208.4-2. Investigative leave shall include:

(a) Up to forty-five (45) days without loss of or reduction in:

(1) Pay;

(2) Credit for time or service;

(3) Benefits to which the employee is otherwise entitled to under the Nation’s

laws governing employment, except that:

(A) Personal and vacation time shall not accrue.

(b) After forty-five (45) days on paid investigative leave an employee may use their

personal and vacation time.

personal and vacation time all pay and benefits shall cease.

(d) After forty-five (45) days of paid investigative leave, an employee shall receive backpay and benefits for any time the employee was on unpaid investigative leave pursuant to

the laws governing back-pay if they return to their position at the conclusion of the

investigation.

2 O.C. 208 – Page 2

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208.5 Authorization

208.5-1. InvestigativeThis leave, or an extension of this leave, shall only be used: when an

employee’s supervisor receives prior approval from the Human Resources Department Manager

or his or her designee and:

(a) their Division Director; or When initiated by the Executive Director of the Human

Resource Department with concurrent written notice to the employee’s supervisor; or

(b) if there is no Division Director, the person at the highest level of the chain of

command. When initiated by an employee’s supervisor after receiving written approval

from the Executive Director of the Human Resource Department or their designee, and:

(1) Their division director; or

(2) If there is no division director, the person at the highest level of the chain of

command under the Oneida Business Committee.

208.5-2. If the Human Resources Department Manager or his or her designee and the Division

Director or his or her equivalent do not agree with placing the employee on investigative leave,

then the final decision shall rest with the Human Resources Department Manager or his or her

designee.

208.5-23. The prior approvalApproval requested in 208.5-1(b) shall be granted or denied by the

Executive Director of the Human Resource Department within forty-eight (48) hours of

receiving the request.

208.5-3. An investigative leave shall initially be authorized for a period of forty-five (45) days.

(a) If the investigative leave is not projected to conclude within forty-five (45) days, the

initial authorizer(s) may review and authorize the extension of the investigative leave

until such time that a safe and equitable determination may reasonably be reached.

208.5-4. During the investigative leave, the employee’s supervisor shall authorize an

alternative work assignment if all the following occur:

(a) The alleged action does not preclude the employee from working elsewhere in the

organization;

(b) An alternative work assignment is available; and

208.5-5. If an employee is placed in an alternative work assignment under section 208.5-4, the

alternative work assignment shall be considered a part of the investigative leave and the

employee shall continue to receive their same rate of pay.

208.6 Employee Notice

208.6-1. When the employee is placed on investigative leave, the employee shall immediately

receive a written notice from the employee’s supervisor, or if the employee’s supervisor is

unavailable, their designee of equal or greater authority; the notice shall contain the following:

(a) The specific allegation(s) being investigated;This action does not denote any

wrongdoing on the part of the employee.

(b) The employee shall be on unpaid status, unless he or she is placed in an alternative

work assignment;The employee remains an employee of the Nation.

status of pay and benefits while on investigative leave.

(d) The expected length of the investigation;The definition of business hours as it

pertains to the employee’s particular area of employment.

(e) Whether or not the investigation is being forwarded to an outside agency;The specific

2 O.C. 208 – Page 3

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allegation(s) being investigated.

(f) The telephone number and name of person to contact in case of questions;The

expected length of the investigation.

(g) The procedures to return to work upon completion of the investigation; andWhether

or not the investigation is being forwarded to an outside agency.

(h) That the employee still remains as an employee with the Tribe.The telephone number,

email address, and name of person to contact in case of questions.

(i) The employee shall surrender all property of the Nation pursuant to section 208.9-1(c).

(j) The procedures to return to work upon completion of the investigation.

(h) Employee responsibilities pursuant to section 208.9.

208.6-2. If the employee’s investigative leave is projected to extended past the initial forty-five

(45)original fifteen (15) calendar days pursuant to section 208.5-38-1, the supervisor or their

designee of equal or greater authority shall immediately notice the employee in writing of this

extension and the reason for the extension at least ten (10) days prior to the expiration of the

initial forty-five (45) days. The notice shall contain the following:

(a) That the employee remains an employee of the Nation.

(b) Clear documentation regarding the cessation of pay and benefits.

employment.

(d) The expected length of the investigation.

(e) The telephone number, email address, and name of the person to contact in case of

questions.

(f) Employee responsibilities pursuant to section 208.9.

208.7 Investigator(s) and Reports

208.7-1. The Executive Director of the Human Resource Department, in collaboration with the

supervisor,employee’s supervisor and/or area manager shall be responsible for designating the

individual or agency responsible for completing the investigation. If the employee being

investigated reports directly to the Oneida Business Committee, the Tribal Equal Employment

Opportunity Officer shall either conduct the investigation or serve as the point of contact and

coordinator for the investigative agency.

208.7-2. If the allegations against the employee include criminal actions, or actions that may

affect licensing, the supervisor mayshall conclude the employment related investigation without

waiting for the results of a criminal or licensing investigation.

(a) Documentation of criminal proceedings or licensing outcomes shall be maintained in

the employee’s personnel file within the Human Resource Department.

208.7-3. The person(s) conducting an investigation shall prepare a written report that shall

include the findings of the investigation, and if someone other than the employee’s supervisor

conducts the investigation, a copy of the written report shall be provided to the employee’s

supervisor. If someone other than the employee’s supervisor conducts the investigation, within

forty-eight (48) hours of receiving the written report, the supervisor shall complete the

investigation by determining and documenting any corrective actions needed.

208.7-4. The employee’s supervisor shall prepare a memorandum based on the information

produced during the investigationwritten report which shall be provided to the employee and

shall inform the employee of the following:

(a) Ccorrective actions needed based on the written report, if any; and

2 O.C. 208 – Page 4

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(1) Should the supervisor choose not to follow the corrective action recommended

by the investigator(s), they shall provide written notice and justification to the

Executive Director of the Human Resource Department.

(b) Wwhen to return to work, if applicable. and/or what disciplinary action will be taken

against the employee based on the report; and

request.only in the event the employee appeals any disciplinary action.

208.8 Duration

208.8-1. An investigative leave shall conclude when the investigation has produced sufficient

information and verifiable facts for the employee’s supervisor and the Executive Director of the

Human Resource Department to make a reasonable determination on workplace safety and

employee status; documentation of that determination has been recorded in permanent files, and

the employee has either returned to work or separated from their employment.be no longer than

fifteen (15) calendar days, with the ability to extend one (1) time for an additional fifteen (15)

calendar days with a valid explanation of the reason for the extension. The extension shall be

determined by the same individuals who placed the employee on investigative leave in section

208.5-1. However, if the investigation is forwarded to an outside agency, these timelines shall

not apply.

208.8-2. All investigations shall be completed as expeditiously as circumstances permit. The

supervisor shall provide weekly updates to the Executive Director of the Human Resource

Department, or if an outside entity is conducting the investigation, the Equal Employment

Opportunity Officer shall provide the weekly updates.

Investigative leave shall end upon

any of the following occurrences:

(a) the expiration of the fifteen (15) calendar day time limit, if applicable;

(b) the expiration of the fifteen (15) calendar day extension if granted;

(d) the employee’s return to work based on the written report submitted to the employee after

an investigation is completed; or

(e) the employee chooses to resign or retire.

208.9 Employee Responsibilities

208.9-1. An employee placed on investigative leave shall:

(a) Not report to work or the worksite without prior supervisory approval;

(1) Written permission to enter a public work site and the conditions thereof may

be included in the employee notice.

(b)

Abide by all Tribal laws and policies; andNot discuss the investigation with

employees or post information related to the investigation on social media pursuant to

section 208.12-1.

(1) Time keeping badge(s),

(2) Identification card(s),

(3) Laptop(s),

(4) Vehicles and key(s),

(5) Cell phone.

2 O.C. 208 – Page 5

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(dc) Fully cooperate with the investigation as requested by those conducting the

investigation.

(e) Respond to all inquiries within twenty-four (24) business hours.

208.10 Pay and Benefits

208.10-1. Paid leave shall not be authorized.

208.10-2. An employee placed on investigative leave shall not receive any wages or benefits

unless placed in an alternative work assignment. If the employee refuses the alternative work

assignment and is returned to work, the employee shall not receive any back pay or benefits.

208.10-3. If an alternative work assignment is not available, the employee may use his or her

accrued vacation and/or personal time while on investigative leave.

208.10-4. An employee shall receive back pay and benefits for the time the employee was on

investigative leave pursuant to the Back Pay Policy if all of the following occur:

(a) The employee was not offered an alternative work assignment when placed on

investigative leave; and

(b) The employee is returned to his or her position; and

208.101 Enforcement

208.101-1. Any employee found violating this lawPolicy shall be subject to discipline in

accordance with the Nation’sTribe’s laws and policies governing employment.personnel policies

and procedures.

208.10-2. Failure by the employee to respond to inquiries within twenty-four (24) business hours

will result in the termination of paid investigative leave and immediately shift the employee to

unpaid status.

208.112 Appeal

208.112-1. An employee may appeal any disciplinary action arising out of an investigation in

accordance with the Nation’s laws and policies governing employment.Tribe’s personnel

policies and procedures.

208.123 Confidentiality

208.123-1. Information related to an investigation is confidential and may not be released in any

manner, including social media, except only be released in accordance with relevant laws. and

personnel policies and procedures.

208.123-2. All investigation materials shall be maintained in the employee’s personnel file with

the Human Resources Department.

End.

OBC Approved 4-07-99-A

Amended- 08-13-14-D

Amended – BC-06-24-15-A

Amended _ BC-__-__-__-__

2 O.C. 208 – Page 6

Draft

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Title 2. Employment – Chapter 208

INVESTIGATIVE LEAVE

208.1 Purpose and Policy

208.2 Adoption, Amendment, Repeal

208.3 Definitions

208.4 Scope

208.5 Authorization

208.6 Employee Notice

208.7 Investigator(s) and Reports

208.8 Duration

208.9 Employee Responsibilities

208.10 Enforcement

208.11 Appeal

208.12 Confidentiality

208.1 Purpose and Policy

208.1-1. The purpose of this law is to set forth a process to address investigative leave for

employees undergoing work-related investigations.

208.1-2. It is the policy of the of the Nation to conduct objective, confidential investigations

into alleged employee misconduct.

208.2 Adoption, Amendment, Repeal

208.2-1. This law was adopted by the Oneida Business Committee by resolution BC-04-07-99A, and amended by resolution BC-08-13-14-D, BC-06-24-15-A, and BC-__-__-__-__.

208.2-2. 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.

208.2-3. 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.

208.2-4. 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.

208.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

208.3 Definitions

208.3-1. This section governs 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) “Day” means calendar day.

(b) “Employee” means any individual who is employed by the Nation but does not include

elected or appointed officials or individuals employed by a corporation chartered by the

Nation.

purpose of conducting an investigation into alleged employee misconduct.

(d) “Nation” means the Oneida Nation.

(e) “Workplace” means any location owned and operated by the Nation, any location

where employees are staffing an event sponsored by the Nation, and any location where an

employee represents the Nation, including over-the-road travel in Nation owned or rented

vehicles and any circumstances where an employee is being reimbursed for expenses.

208.4 Scope

208.4-1. An employee shall be placed on investigative leave when a situation requires an

investigation be conducted and one (1) of the following occurs:

(a) The nature and severity of the alleged violation, or alleged illegal activity, is significant;

Draft

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including but not limited to:

(1) Workplace violence;

(2) Sexual harassment;

(3) Theft;

(4) Arson, bribery, or perjury; or

(5) Obstruction or interference with an investigation authorized by the Nation.

(b) The employee’s presence in the workplace may result in the destruction of evidence

relevant to the investigation, result in loss or damage to property of the Nation, or otherwise

damage legitimate interests of the Nation; including, but not limited to classified,

privileged, proprietary, financial or medical records; and the privacy of individuals whose

data the Nation holds in its systems.

safety, health, or personal property of employees, contractors, vendors, or visitors to a

facility of the Nation.

(d) An employee allegedly commits an act which would preclude the employee from

meeting employment eligibility including required licenses, fidelity bond, commercial

crime policy, or background investigation requirements.

208.4-2. Investigative leave shall include:

(a) Up to forty-five (45) days without loss of or reduction in:

(1) Pay;

(2) Credit for time or service;

(3) Benefits to which the employee is otherwise entitled to under the Nation’s laws

governing employment, except that:

(A) Personal and vacation time shall not accrue.

(b) After forty-five (45) days on paid investigative leave an employee may use their

personal and vacation time.

and vacation time all pay and benefits shall cease.

(d) After forty-five (45) days of paid investigative leave, an employee shall receive backpay and benefits for any time the employee was on unpaid investigative leave pursuant to

the laws governing back-pay if they return to their position at the conclusion of the

investigation.

208.5 Authorization

208.5-1. Investigative leave, or an extension of this leave, shall only be used:

(a) When initiated by the Executive Director of the Human Resource Department with

concurrent written notice to the employee’s supervisor; or

(b) When initiated by an employee’s supervisor after receiving written approval from the

Executive Director of the Human Resource Department or their designee, and:

(1) Their division director; or

(2) If there is no division director, the person at the highest level of the chain of

command under the Oneida Business Committee.

208.5-2. Approval requested in 208.5-1(b) shall be granted or denied by the Executive Director

of the Human Resource Department within forty-eight (48) hours of receiving the request.

208.5-3. An investigative leave shall initially be authorized for a period of forty-five (45) days.

(a) If the investigative leave is not projected to conclude within forty-five (45) days, the

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initial authorizer(s) may review and authorize the extension of the investigative leave until

such time that a safe and equitable determination may reasonably be reached.

208.6 Employee Notice

208.6-1. When the employee is placed on investigative leave, the employee shall immediately

receive a written notice from the employee’s supervisor, or if the employee’s supervisor is

unavailable, their designee of equal or greater authority; the notice shall contain the following:

(a) This action does not denote any wrongdoing on the part of the employee.

(b) The employee remains an employee of the Nation.

leave.

(d) The definition of business hours as it pertains to the employee’s particular area of

employment.

(e) The specific allegation(s) being investigated.

(f) The expected length of the investigation.

(g) Whether or not the investigation is being forwarded to an outside agency.

(h) The telephone number, email address, and name of person to contact in case of

questions.

(i) The employee shall surrender all property of the Nation pursuant to section 208.9-1(c).

(j) The procedures to return to work upon completion of the investigation.

(h) Employee responsibilities pursuant to section 208.9.

208.6-2. If the employee’s investigative leave is projected to extend past the initial forty-five

(45) days pursuant to section 208.5-3, the supervisor or their designee of equal or greater authority

shall immediately notice the employee in writing of this extension and the reason for the extension

at least ten (10) days prior to the expiration of the initial forty-five (45) days. The notice shall

contain the following:

(a) That the employee remains an employee of the Nation.

(b) Clear documentation regarding the cessation of pay and benefits.

employment.

(d) The expected length of the investigation.

(e) The telephone number, email address, and name of the person to contact in case of

questions.

(f) Employee responsibilities pursuant to section 208.9.

208.7 Investigator(s) and Reports

208.7-1. The Executive Director of the Human Resource Department, in collaboration with the

supervisor, shall be responsible for designating the individual or agency responsible for completing

the investigation. If the employee being investigated reports directly to the Oneida Business

Committee, the Equal Employment Opportunity Officer shall either conduct the investigation or

serve as the point of contact and coordinator for the investigative agency.

208.7-2. If the allegations against the employee include criminal actions, or actions that may

affect licensing, the supervisor may conclude the employment related investigation without

waiting for the results of a criminal or licensing investigation.

(a) Documentation of criminal proceedings or licensing outcomes shall be maintained in the

employee’s personnel file within the Human Resource Department.

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208.7-3. The person(s) conducting an investigation shall prepare a written report that shall

include the findings of the investigation, and if someone other than the employee’s supervisor

conducts the investigation, a copy of the written report shall be provided to the employee’s

supervisor.

208.7-4. The employee’s supervisor shall prepare a memorandum based on the information

produced during the investigation which shall be provided to the employee and shall inform the

employee of the following:

(a) Corrective actions needed based on the written report, if any; and

(1) Should the supervisor choose not to follow the corrective action recommended

by the investigator(s), they shall provide written notice and justification to the

Executive Director of the Human Resource Department.

(b) When to return to work, if applicable.

request.

208.8 Duration

208.8-1. An investigative leave shall conclude when the investigation has produced sufficient

information and verifiable facts for the employee’s supervisor and the Executive Director of the

Human Resource Department to make a reasonable determination on workplace safety and

employee status; documentation of that determination has been recorded in permanent files, and

the employee has either returned to work or separated from their employment.

208.8-2. All investigations shall be completed as expeditiously as circumstances permit. The

supervisor shall provide weekly updates to the Executive Director of the Human Resource

Department, or if an outside entity is conducting the investigation, the Equal Employment

Opportunity Officer shall provide the weekly updates.

208.9 Employee Responsibilities

208.9-1. An employee placed on investigative leave shall:

(a) Not report to work or the worksite without prior supervisory approval;

(1) Written permission to enter a public work site and the conditions thereof may

be included in the employee notice.

(b) Not discuss the investigation with employees or post information related to the

investigation on social media pursuant to section 208.12-1.

(1) Time keeping badge(s),

(2) Identification card(s),

(3) Laptop(s),

(4) Vehicles and key(s),

(5) Cell phone.

(d) Fully cooperate with the investigation as requested by those conducting the

investigation.

(e) Respond to all inquiries within twenty-four (24) business hours.

208.10 Enforcement

208.10-1. Any employee found violating this law shall be subject to discipline in accordance

with the Nation’s laws and policies governing employment.

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208.10-2. Failure by the employee to respond to inquiries within twenty-four (24) business hours

will result in the termination of paid investigative leave and immediately shift the employee to

unpaid status.

208.11 Appeal

208.11-1. An employee may appeal any disciplinary action arising out of an investigation in

accordance with the Nation’s laws and policies governing employment.

208.12 Confidentiality

208.12-1. Information related to an investigation is confidential and may not be released in any

manner, including social media, except in accordance with relevant laws.

208.12-2. All investigation materials shall be maintained in the employee’s personnel file with

the Human Resources Department.

End.

OBC Approved 4-07-99-A

Amended- 08-13-14-D

Amended – BC-06-24-15-A

Amended – BC-__-__-__-__

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 15, 2024

Petition C. Kestell: Address Housing

Issues/Veterans Home Loan Program

Submission Date: 4/3/24

LOC Sponsor: Jonas Hill

Summary: On March 18, 2024, the Petition C. Kestell Address Housing Issues/Veterans

Home Loan Program was submitted. On March 19, 2024, the Oneida Trust Enrollment

Department verified the signatures for the Petition. The Oneida Business Committee

acknowledged receipt of this Petition on March 27, 2024.

This petition calls for a special General Tribal Council (GTC) meeting to be called to consider

the following:

- Direct the OBC to direct Finance to fund the Veteran’s Home Loan Program within 60

days.

- Direct the OBC to direct the GM and Finance to work with Bay Bank to establish the

lending requirements for the Veteran’s Home Loan Program and to have Bay Bank

administer the Veteran’s Home Loan Program within 60 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to work

with the Land Commission to make the necessary adjustments to the HIIP that would

allow the program to work with and complement the Veteran’s Home Loan Program

within 60 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to provide

the listing of vacant homes that are in Comprehensive Housing Division home inventory,

on the Comprehensive Housing Division fixed asset register and any homes that are

vacant where a decision has not been made if the home will be for sale or rental that are

not currently on either the inventory listing or the fixed asset register with 30 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to work

with Finance and Bay Bank to develop a Home Rehabilitation Loan Program including

the lending requirements for the homes owned by the Oneida Nation that are needing

rehabilitation that are wither on the inventory listing or the fixed asset register of

Comprehensive Housing and to have these homes advertised for sale within 30 days.

3/27/24 OBC: Motion by Jennifer Webster to acknowledge receipt of the petition from Connor Kestell

regarding Address Housing Issues/Veterans Home Loan Program; to direct the BC Direct

Report Offices to complete and submit their administrative impact statements of the petition

to the TribalSecretary mailbox by Wednesday, April 17, 2024; to direct the Law, Finance, and

Legislative Reference Offices to complete, respectively, the legal review, fiscal impact

statement, and statement of effect with status updates to be submitted for the April 24, 2024,

Page 1 of 2

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

22 of 46

regular Business Committee meeting agenda and the first BC meeting of the month thereafter

or until the final documents are submitted, seconded by Lawrence Barton. Motion carried.

4/3/24 LOC:

Motion by Jennifer Webster to add the Petition: C. Kestell: Address Housing Issues/Veterans

Home Loan Program to the Active Files List with Jonas Hill as the sponsor; seconded by

Kirby Metoxen. Motion carried unanimously.

4/10/24 OBC: Motion by Lisa Liggins to schedule a special General Tribal Council meeting on Sunday,

September 15, 2024, at 2:00 p.m. to address petition # 2024-01, seconded by Kirby Metoxen.

Motion carried.

4/17/24 LOC: Motion by Jonas Hill to accept the status update for the Petition C. Kestell: Address Housing

Issues/Veterans Home Loan Program and forward to the Oneida Business Committee;

seconded by Kirby Metoxen. Motion carried unanimously.

4/24/24 OBC: Motion by Lisa Liggins to accept the status updates on items XIII.A.1-3 as information,

seconded by Lawrence Barton. Motion carried.

5/1/24 LOC:

Motion by Jennifer Webster to accept the status update for the Petition C. Kestell: Address

Housing Issues/Veterans Home Loan Program and forward to the Oneida Business

Committee; seconded by Jonas Hill. Motion carried unanimously.

5/8/24 OBC:

Motion by Jonas Hill to accept the statement of effect status update re: Address Housing

Issues/Veterans Home Loan Program - petition # 2024-01, seconded by Jennifer Webster.

Motion carried.

Next Steps:

 Accept the statement of effect for the Petition C. Kestell: Address Housing Issues/Veterans

Home Loan Program and forward to the Oneida Business Committee.

Page 2 of 2

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

ONEIDA

23 of 46

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Petition: C. Kestell – Address Housing Issues/Veterans Home Loan Program

Summary

This petition requests the General Tribal Council to consider various directives regarding a

Veterans Home Loan Program and a Home Rehabilitation Loan Program.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: May 15, 2023

Analysis by the Legislative Reference Office

On March 18, 2024, the Petition: C. Kestell – Address Housing Issues/Veterans Home Loan

Program (“the Petition”) was submitted to the Government Administrative Office by Connor

Kestell and has since been verified by the Oneida Trust Enrollment Department on March 19,

2024. On March 27, 2024, the Oneida Business Committee acknowledged receipt of the Petition

and directed that the Legislative Reference Office complete a statement of effect for the Petition

with status updates to be submitted for the April 24, 2024, regular Business Committee meeting

agenda and the first Business Committee meeting of the month thereafter or until the final

documents are submitted. On April 3, 2024, the Legislative Operating Committee added the

Petition to the Active Files List to be worked on by the Legislative Reference Office. The

Legislative Operating Committee provided status updates on the development of this statement of

effect at the April 24, 2024, and May 8, 2024, Oneida Business Committee meetings.

The purpose of this Petition is to call a special meeting of the General Tribal Council to consider

the following:

 Direct the OBC to direct Finance to fund the Veteran’s Home Loan Program within 60

days.

 Direct the OBC to direct the GM and Finance to work with Bay Bank to establish the

lending requirements for the Veteran’s Home Loan Program and to have Bay Bank

administer the Veteran’s Home Loan Program within 60 days.

 Direct the OBC to direct the GM to direct Comprehensive Housing Division to work with

the Land Commission to make the necessary adjustments to the HIIP that would allow the

program to work with and complement the Veteran’s Home Loan Program within 60 days.

 Direct the OBC to direct the GM to direct Comprehensive Housing Division to provide the

listing of vacant homes that are in Comprehensive Housing Division home inventory, on

the Comprehensive Housing Division fixed asset register and any homes that are vacant

Page 1 of 11

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

24 of 46



where a decision has not been made if the home will be for sale or rental that are not

currently on either the inventory listing or the fixed asset register with 30 days.

Direct the OBC to direct the GM to direct Comprehensive Housing Division to work with

Finance and Bay Bank to develop a Home Rehabilitation Loan Program including the

lending requirements for the homes owned by the Oneida Nation that are needing

rehabilitation that are wither on the inventory listing or the fixed asset register of

Comprehensive Housing and to have these homes advertised for sale within 30 days.

All applicable laws and policies of the Nation were reviewed in developing this statement of effect

for the Petition.

Funding the Veterans Home Loan Program

The Petition calls for the General Tribal Council to direct the Oneida Business Committee to direct

Finance to fund the Veteran’s Home Loan Program within sixty (60) days. This directive would

have an impact on legislation of the Nation, specifically, the Budget and Finances law.

The Budget and Finances law sets forth the requirements to be followed by the Oneida Business

Committee and the Oneida fund units when preparing the budget to be presented to the General

Tribal Council for approval, and to establish financial policies and procedures for the Nation

which:

 institutionalize best practices in financial management to guide decision makers in making

informed decisions regarding the provision of services, implementation of business plans

for enterprises, investments, and capital assets;

 provide a long term financial prospective and strategic intent, linking budget allocations to

organizational goals, as well as providing fiscal controls and accountability for results and

outcomes;

 identify and communicate to the membership of the Nation spending decisions for the

government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects;

 establish a framework for effective financial risk management; and

 encourage participation by the Nation’s membership. [1 O.C. 121.1-1].

The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All

revenues and expenditures of the Nation are required to be made in accordance with the annual

budget. Id. The Nation’s annual budget is required to be a balanced budget, which does not propose

to spend more funds than are reasonably expected to become available to the Nation during that

fiscal year. Id. The Budget and Finances law provides for the process and procedures to be used

for the development and adoption of the Nation’s budget. [1 O.C. 121.5-4].

Page 2 of 11

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ONEIDA

25 of 46

On September 25, 2023, the General Tribal Council adopted resolution GTC-09-25-23-A,

Adoption of Fiscal Year 2024 Budget, which adopted the Fiscal Year 2024 budget in the amount

of $528,978,084 as approved by the General Tribal Council for implementation with review and

oversight by the Oneida Business Committee.

The Fiscal Year 2024 budget was adopted prior to this Petition being submitted or presented to the

General Tribal Council for consideration. Therefore, any allocation of funding to support the

requests of this Petition has not been included in the Fiscal Year 2024 budget. All expenditures of

the Nation are required to be made in accordance with the annual budget. [1 O.C. 121.5-1].

After the budget is adopted, amendments of the budget are not permitted unless it is necessary to

avoid a budget deficit. [1 O.C. 121.5-5]. The Treasurer and Chief Financial Officer are required

to identify when forecasted revenue and forecasted expenses are impacted in a manner which

creates a deficit for the current fiscal year, and then the Chief Financial Officer is required to

provide the Oneida Business Committee a written fiscal analysis and any input on the potential

budget amendment. Id. The Oneida Business Committee is responsible for adopting an amendment

to the budget through resolution of the Nation. Id. The Oneida Business Committee is required to

present notification of the budget amendment at the next available General Tribal Council meeting.

Id. So unless it is necessary to avoid a budget deficit, an amendment to the Fiscal Year 2024 budget

to provide any allocation of funding to support the requests of this Petition would not be

permissible under the Budget and Finances law.

Additionally, unbudgeted expenditures are permitted under the Budget and Finances law if granted

approval by the Oneida Business Committee. [1 O.C. 121.6-4(a)]. The Chief Financial Officer is

required to provide the Oneida Business Committee with a written fiscal analysis and any input on

any potential unbudgeted expenditure. Id. The approval of any unbudgeted expenditure is required

to be made by the Oneida Business Committee through the adoption of a resolution prior to the

expenditure being made by a fund unit. Id. Any unbudgeted expenditure for items and specific

projects which were not identified in the approved budget made for over two hundred and fifty

thousand dollars ($250,000) is required to be formally noticed by the Oneida Business Committee

to the General Tribal Council at the next available General Tribal Council regular or special

meeting. [1 O.C. 121.6-4(b), BC-05-11-22-B, BC-10-08-08-A.].

Any allocation of funding to support the requests of this Petition for future fiscal years would be

required to be budgeted for in accordance with the process and procedures contained within the

Budget and Finances law.

Lending Requirements for the Veterans Home Loan Program

The Petition calls for the General Tribal Council to direct the Oneida Business Committee to direct

the General Manager and Finance to work with Bay Bank to establish the lending requirements

Page 3 of 11

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

ONEIDA

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for the Veteran’s Home Loan Program and to have Bay Bank administer the Veteran’s Home Loan

Program within sixty (60) days.

This directive would not have an impact on legislation of the Nation.

Amendment of the Leasing Law Rule No. 6 – Homeownership by Independent Purchase Program

This Petition calls for the General Tribal Council to direct the Oneida Business Committee to direct

the General Manager to direct the Comprehensive Housing Division to work with the Oneida Land

Commission to make the necessary adjustments to the “HIIP” that would allow the program to

work with and complement the Veteran’s Home Loan Program within sixty (60) days. It is

assumed that when the Petition mentions “HIIP” it is referencing the Leasing Law Rule No. 6 –

Homeownership by Independent Purchase Program which is commonly referred to as the “HIPP”

rule. This directive may have an impact on legislation of the Nation, specifically, the

Administrative Rulemaking law.

The Administrative Rulemaking law provides an efficient, effective, and democratic process for

the adoption and amendment of administrative rules. [1 O.C. 106.1-1, 106.1-2]. The

Administrative Rulemaking law provides authorized agencies the opportunity to promulgate rules

interpreting the provisions of any law enforced or administered by it; provided that, a rule may not

exceed the rulemaking authority granted under the law for which the rule is being promulgated. [1

O.C. 106.4-1]. An authorized agency is any board, committee, commission, department, program,

or officer of the Nation that has been granted rulemaking authority. [1 O.C. 106.3-1(a)]. A rule is

a set of requirements enacted by an authorized agency in order to implement, interpret and/or

enforce a law of the Nation, which may include citation fee and penalty schedules. [1 O.C. 106.31(h)]. A rule developed in accordance with the Administrative Rulemaking law has the same force

and effect as the law which delegated the authorized agency rulemaking authority, and cannot

conflict or supersede a law, policy, or rule of the Nation or a resolution adopted by the Oneida

Business Committee or General Tribal Council. [1 O.C. 106.4-1(a)-(b)].

The Leasing law was adopted for the purpose of setting out the Nation’s authority to issue, review,

approve, and enforce leases. [6 O.C. 602.1-1]. The Leasing law delegates rulemaking authority to

the Oneida Land Commission and Land Management to jointly develop rules related to obtaining

a residential, agricultural, or business lease. [6 O.C. 602.5-1]. Land Management is defined as “the

Division of Land Management or other entity responsible for entering into leases of tribal land.”

[6 O.C. 602.3-1(i)]. Per the Nation’s Real Property law, the Comprehensive Housing Division is

the entity that is responsible for processing all leases of Tribal land for residential purposes. [6

O.C. 601.9-1]. Thus, the Comprehensive Housing Division is Land Management for purposes of

the rulemaking authority delegated under the Leasing law.

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The Leasing law further provides that Land Management shall develop, and the Oneida Land

Commission shall approve, the format and requirements set out in the lease document applications

for different types of leases, as well as additional procedures and processes to be followed when

offering and awarding lease documents. [6 O.C. 602.5-1(a)].

The purpose of the Leasing Law Rule No. 6 – Homeownership by Independent Purchase (HIP)

Program (“the Rule”) is to expand the services being offered by the Nation through the creation of

a program in which the prospective lessee buyer initiates a purchase where the buyer would

purchase the improvements and the Nation, subject to available funding, would purchase the land

pursuant to the process and eligibility requirements set forth in the Land Management’s Land

Acquisition for Residential Leasing Standard Operating Procedure. [Rule 1.1-1and 1.6-1]. Under

this Rule the buyer would then enter a HIP residential lease for the land through the Comprehensive

Housing Division. [Rule 1.1-1].

First and foremost, in regard to the Petition’s request that the Comprehensive Housing Division be

compelled to work with the Oneida Land Commission to amend the Rule, the Administrative

Rulemaking law provides that the authorized agency has the authority to decide if amendments to

a rule are necessary to pursue, and the law further clarifies that the Oneida Business Committee

cannot compel an authorized agency to amend a rule. [1 O.C. 106.12-3].

If the Comprehensive Housing Division and the Oneida Land Commission were to decide that

amendments to the Rule should be made to work with and complement the Veterans Home Loan

Program, any amendments made to the Rule would need to follow the process provided for in the

Administrative Rulemaking law. [1 O.C. 106.4-3].

When amending a rule in accordance with the Administrative Rulemaking law, the authorized

agency is first responsible for drafting the proposed amendments to the Rule. The proposed

amendments have to comply with the template for rules as developed by the Legislative Operating

Committee. [1 O.C. 106.5-1]. The authorized agency is then responsible for preparing a summary

report regarding each proposed rule, which includes the name of the proposed rule, a reference to

the law that the proposed rule interprets, along with a list of any other related laws, rules, or

resolutions that may be affected by the proposed rule; a brief summary of the proposed rule; any

changes made to the proposed rule based on the public comment period required by section 106.6,

if applicable; a statement of effect for the rule prepared by the Legislative Reference Office upon

request by the authorized agency; and the financial analysis. [1 O.C. 106.5-2].

The authorized agency is responsible for preparing the financial analysis and must send a written

request to each entity that may be affected by the proposed rule soliciting information on how the

proposed rule would financially affect the entity. [1 O.C. 106.5-2(f)(1)]. Each entity’s response

indicating its financial affects are required to be included in the financial analysis. Id. If an

authorized agency does not receive a response from one (1) or more entities regarding its request

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for the financial effects of the rule on the entity within ten (10) business days of the date of the

request, the authorized agency may submit a financial analysis noting which entities were nonresponsive to its request. [1 O.C. 106.5-2(f)(2)].

Once the authorized agency has completed the summary report, they can then move onto the next

stage in the administrative rulemaking process which is obtaining public review of the proposed

rule through a public meeting and public comment period. 1 O.C. 106.6-1]. This is the opportunity

for members of the Nation to provide their input or suggestions on proposed rules.

The authorized agency determines a public meeting date and then a public meeting notice is created

that contains the date, time and place of the public meeting; the time period for the public comment

period; the name, address, phone number, and other appropriate information on where to submit

comments on the proposed legislation; and information for electronically accessing the proposed

rule and summary report and a statement that hard copies of the materials will be available with

the authorized agency. [1 O.C. 106.6-2(b)]. At least ten (10) business days before the public

meeting is held, the public meeting notice is published in the Kalihwisaks and on the Oneida

Register1. [1 O.C. 106.6-2(a)].

The public meeting is then held at the date, time and place designated in the meeting notice. [1

O.C. 106.6-2(c)]. The authorized agency holding the public meeting on the proposed rule is

required to have a representative to preside over the public meeting and briefly describe the rule

which is the subject of the public meeting and the nature of the rule’s requirements, and then open

the meeting for comments. [1 O.C. 106.6-2(d)]. The authorized agency’s presiding representative

is not required to comment or respond to comments at the meeting, but may at their discretion. [1

O.C. 106.6-2(d)(1)]. After the public meeting concludes, the authorized agency is required to hold

open a public comment period for at least five (5) business days. [1 O.C. 106.6-2(h)]. During the

public comment period individuals may submit written comments including data, views,

arguments, concerns, or questions. The authorized agency may extend the public comment period

as it deems appropriate by posting an amended public meeting notice prior to the close of the

original public comment period. [1 O.C. 106.6-3].

Once the public comment period has concluded, the authorized agency is then required by the

Administrative Rulemaking law to fully consider all comments received during the public

comment period and during any public meeting held regarding a proposed rule. [1 O.C. 106.6-4].

The authorized agency accomplishes this responsibility by drafting a memorandum containing all

public comments received and the authorized agency’s response to each comment. [1 O.C. 106.65]. If substantial changes are made to the proposed rule after all public comments are considered,

then the authorized agency is required to hold an additional public meeting. [1 O.C. 106.6-6].

1 The Oneida Register can be found on the Nation’s webpage found at the following location: https://oneida-nsn.gov/government/register/

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After the public comment period has expired and the authorized agency has considered all public

comments received, the authorized agency then submits the proposed rule and all items contained

in the administrative record to the Legislative Operating Committee for certification. [1 O.C.

106.7-1]. The proposed rule must be submitted for certification by the Legislative Operating

Committee within six (6) months after the public comment period has expired, unless the

Legislative Operating Committee determines there is good cause to go outside the time limits. [1

O.C. 106.7-1(a)]. The Legislative Operating Committee is then responsible for certifying the

proposed rule meets the following requirements: that promulgation of the rule complies with the

procedural requirements contained in the Administrative Rulemaking law; that the administrative

record is complete; and that the rule does not exceed its rulemaking authority or conflict with any

other law, policy, rule, or resolution of the Nation. [1 O.C. 106.7-2].

The Legislative Operating Committee then either determines the authorized agency has complied

with the requirements for certification and certifies the proposed rule or determines that the

authorized agency has not complied with the certification requirements and denies certification of

the proposed rule. [1 O.C. 106.7-3]. If the Legislative Operating Committee denies the

certification of a proposed rule, the proposed rule is returned to the authorized agency with specific

feedback as to which requirements were not fulfilled, and the authorized agency may resubmit the

proposed rule for certification by the Legislative Operating Committee once all requirements for

certification have been met. [1 O.C. 106.7-3(b)]. If the Legislative Operating Committee certifies

the proposed rule, then the Legislative Operating Committee forwards the administrative record to

the Oneida Business Committee. [1 O.C. 106.7-3(a)(1)].

Once the Oneida Business Committee receives an administrative record for a proposed rule from

the Legislative Operating Committee, the Oneida Business Committee reviews and considers the

proposed rule, the administrative record, and the Legislative Operating Committee’s certification

of compliance. [1 O.C. 106.8-1]. After review of all materials submitted and consideration of the

proposed rule, the Oneida Business Committee either adopts the proposed rule, or denies the

adoption of the proposed rule. [1 O.C. 106.8-2]. A majority vote is required for the adoption of a

rule by the Oneida Business Committee. [1 O.C. 106.8-2(a)]. The Legislative Operating

Committee is responsible for publishing the rule on the Oneida Register upon adoption by the

Oneida Business Committee. [1 O.C. 106.8-2(a)(1)]. The Oneida Business Committee may deny

adoption of the proposed rule if the Oneida Business Committee has any concerns and/or requested

revisions to the rule. [1 O.C. 106.8-2(b)]. Upon the denial of the adoption of a proposed rule the

Oneida Business Committee may request that the authorized agency work with the Oneida

Business Committee to address any concerns. Id. The authorized agency is responsible for

determining a rule’s effective date, provided that a rule may not become effective until the Oneida

Business Committee adopts the proposed rule. [1 O.C. 106.9-1]. Any rule adopted in substantial

compliance with the Administrative Rulemaking law is considered valid. [1 O.C. 106.4-3]. No

rule may be contested based on non-compliance with the procedural requirements of the

Page 7 of 11

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Administrative Rulemaking law after one (1) year has elapsed from the effective date of the rule.

[1 O.C. 106.13-1].

Any amendments made to the Rule would need to follow the process as described above and

required by the Administrative Rulemaking law. It is unlikely the Comprehensive Housing

Division and the Oneida Land Commission would be able to comply with the requirements of the

Administrative Rulemaking law within the directed sixty (60) day timeframe to amend the Rule.

Providing a List of Vacant Homes

This Petition calls for the General Tribal Council to direct the Oneida Business Committee to direct

the General Manager to direct the Comprehensive Housing Division to provide a listing of vacant

homes that are in Comprehensive Housing Division home inventory, on the Comprehensive

Housing Division fixed asset register, and any homes that are vacant where a decision has not been

made if the home will be for sale or rental that are not currently on either the inventory listing or

the fixed asset register with thirty (30) days.

This directive would not have an impact on legislation of the Nation.

Development of a Home Rehabilitation Loan Program

This Petition calls for the General Tribal Council to direct the Oneida Business Committee to direct

the General Manager to direct the Comprehensive Housing Division to work with Finance and

Bay Bank to develop a Home Rehabilitation Loan Program, which should include the lending

requirements for the homes owned by the Nation that are needing rehabilitation that are either on

the inventory listing or the fixed asset register of the Comprehensive Housing Division, and to

have these homes advertised for sale within thirty (30) days. This directive may have an impact on

legislation of the Nation, specifically the Mortgage and Foreclosure law, Administrative

Rulemaking law, Budget and Finances law, and Real Property law.

The Mortgage and Foreclosure law sets the standards and requirements for participation in the

mortgage programs and to prescribe the foreclosure process required to be used in the event of a

default of a mortgage. [6 O.C. 612.1-1]. The Mortgage and Foreclosure law provides that

consistent with available funds, the Comprehensive Housing Division is responsible for providing

mortgage programs for the following purposes and is responsible for establishing rules naming

said programs and providing the specific requirements for each program: financing the purchase

or down payment of existing homes and lands; construction of new homes; repairs and

improvements to existing homes; refinancing existing mortgages. [6 O.C. 612.4-1]. The Oneida

Land Commission and the Comprehensive Housing Division are then jointly delegated rulemaking

authority to develop rules governing the requirements of mortgages entered into by the

Comprehensive Housing Division. [6 O.C. 612.4-4]. The Mortgage and Foreclosure Law Rule No.

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1 - Mortgage Programs, Guidelines and Requirements currently provides the various mortgage

programs offered by the Comprehensive Housing Division and provides additional requirements

for participating in such programs than the minimum requirements found in the Mortgage and

Foreclosure law. [Rule .1-1].

If it is interpreted that the Home Rehabilitation Loan Program would be a mortgage program of

the Comprehensive Housing Division, then the Mortgage and Foreclosure law would be impacted.

The Mortgage and Foreclosure law delegates the authority to create mortgage programs to the

Comprehensive Housing Division, so the Comprehensive Housing Division would need to create

a rule for the Home Rehabilitation Loan Program in accordance with the Administrative

Rulemaking law as required in section 612.4-1 of the Mortgage and Foreclosure law. The

Comprehensive Housing Division would then need to jointly work with the Oneida Land

Commission to create a rule in accordance with the Administrative Rulemaking law that would

govern the requirements of that mortgage as required in section 612.44 of the Mortgage and

Foreclosure law.

If the Petition’s directive that a Home Rehabilitation Loan Program be developed would include

funding the program, then the Budget and Finances law would be impacted, and the analysis of

the legislative impact of funding the Veterans Home Loan Program described earlier in this

memorandum would also apply to the funding of the Home Rehabilitation Loan Program.

The Petition also directs that the homes owned by the Nation that are needing rehabilitation that

are either on the inventory listing or the fixed asset register of the Comprehensive Housing

Division be advertised for sale within thirty (30) days.

The Real Property law delegates the authority to the Comprehensive Housing Division to oversee

all residential transactions within the Reservation, and the responsibility to process and administer

such transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure

law, the Leasing law and/or the Eviction and Termination law; including any corresponding rules.

[6 O.C. 601.12-1]. The Oneida Land Commission and the Comprehensive Housing Division are

delegated joint rulemaking authority to provide process requirements, including but not limited to

advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation

is selling a residential property. Id. Real Property Law Rule No. 2 – Comprehensive Housing

Division Residential Sales provides the requirements for both the Nation and potential buyer when

the Comprehensive Housing Division offers a residential property for sale.

All requirements of the Real Property law and the corresponding rules would need to be complied

with by the Comprehensive Housing Division moving forward if any homes are listed for sale.

Page 9 of 11

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Conclusion

After a review of all applicable laws and policies of the Nation, it has been determined that the

adoption of the Petition: C. Kestell – Address Housing Issues/Veterans Home Loan Program

would have the following legislative effect:

1. The Petition’s directive for the General Tribal Council to direct the Oneida Business

Committee to direct Finance to fund the Veteran’s Home Loan Program within sixty (60)

days has a legislative impact.

 The Fiscal Year 2024 budget was adopted prior to this Petition being submitted or

presented to the General Tribal Council for consideration, so any call of action for

an allocation of funding to support the requests of this Petition has not been

included in the Fiscal Year 2024 budget. All expenditures of the Nation are required

to be made in accordance with the annual budget. Unless it is necessary to avoid a

budget deficit, an amendment to the Fiscal Year 2024 budget to provide any

allocation of funding to support the requests of this Petition would not be

permissible under the Budget and Finances law.

 Any allocation of funding to support the requests of this Petition for future fiscal

years would be required to be budgeted for in accordance with the process and

procedures contained within the Budget and Finances law.

2. The Petition’s directive for the General Tribal Council to direct the Oneida Business

Committee to direct the General Manager and Finance to work with Bay Bank to establish

the lending requirements for the Veteran’s Home Loan Program and to have Bay Bank

administer the Veteran’s Home Loan Program within sixty (60) days would not have

legislative impact.

3. The Petition’s directive for the General Tribal Council to direct the Oneida Business

Committee to direct the General Manager to direct Comprehensive Housing Division to

work with the Oneida Land Commission to make the necessary adjustments to the Leasing

Law Rule No. 6 – Homeownership by Independent Purchase (HIP) Program that would

allow the program to work with and complement the Veteran’s Home Loan Program within

sixty (60) days may have a legislative impact.

 The Administrative Rulemaking law provides that it is the authorized agency that

has the authority to decide if amendments to a rule are necessary to pursue, and that

the Oneida Business Committee cannot compel an authorized agency to amend a

rule.

 If amendments to the Leasing Law Rule No. 6 – Homeownership by Independent

Purchase (HIP) Program are pursued, all processes and procedures contained within

the Administrative Rulemaking law are required to be followed.

 It is unlikely that the Comprehensive Housing Division and the Oneida Land

Commission would be able to amend the Leasing Law Rule No. 6 –

Homeownership by Independent Purchase (HIP) Program in accordance with the

Administrative Rulemaking law in the sixty (60) day timeframe directed by this

Petition.

Page 10 of 11

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4. The Petition’s directive for the General Tribal Council to direct the Oneida Business

Committee to direct the General Manager to direct the Comprehensive Housing Division

to provide a listing of vacant homes that are in Comprehensive Housing Division home

inventory, on the Comprehensive Housing Division fixed asset register, and any homes

that are vacant where a decision has not been made if the home will be for sale or rental

that are not currently on either the inventory listing or the fixed asset register with thirty

(30) days would not have a legislative impact.

5. The Petition’s directive for the General Tribal Council to direct the Oneida Business

Committee to direct the General Manager to direct the Comprehensive Housing Division

to work with Finance and Bay Bank to develop a Home Rehabilitation Loan Program,

which should include the lending requirements for the homes owned by the Nation that are

needing rehabilitation that are either on the inventory listing or the fixed asset register of

the Comprehensive Housing Division, and to have these homes advertised for sale within

thirty (30) days may have a legislative impact.

 If it is interpreted that the Home Rehabilitation Loan Program would be a mortgage

program of the Comprehensive Housing Division, then the Mortgage and

Foreclosure law would be impacted. The Mortgage and Foreclosure law delegates

the authority to create mortgage programs to the Comprehensive Housing Division,

so the Comprehensive Housing Division would need to create a rule for the Home

Rehabilitation Loan Program in accordance with the Administrative Rulemaking

law as required by the Mortgage and Foreclosure law. The Comprehensive Housing

Division would then need to jointly work with the Oneida Land Commission to

create a rule in accordance with the Administrative Rulemaking law that would

govern the requirements of that mortgage as required by the Mortgage and

Foreclosure law.

 If the Petition’s directive that a Home Rehabilitation Loan Program be developed

would include funding the program, then the Budget and Finances law would be

impacted, and the analysis of the legislative impact of funding the Veterans Home

Loan Program described earlier in this memorandum would also apply to the

funding of the Home Rehabilitation Loan Program.

 The directive that the homes owned by the Nation that are needing rehabilitation

that are either on the inventory listing or the fixed asset register of the

Comprehensive Housing Division be advertised for sale within thirty (30) days

would need to comply with the requirements of the Real Property law and the

corresponding rules.

Requested Action

Accept the statement of effect for the Petition: C. Kestell – Address Housing Issues/Veterans

Home Loan Program.

Page 11 of 11

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155-0365

Oneida-nsn.gov

000000

ONEIDA

AGENDA REQUEST FORM

4/30/2024

1) Request Date: _____________________________________________________

Shane Hill Sr

2) Contact Person(s): ______________________________________

DTS

Dept:____________________________

o: 920.496.7385 c: 920.764.0648 Email: __________________________________

shill8@oneidanation.org

Phone Number:_________________________

Delegate DTS Authority to Create IT Governance

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

We are looking to to amend the Computer Resource Ordinance (CRO) to

delegate DTS leadership the ability to create IT and IT Security

_______________________________________________________________________________

governance rules or regulations that are supported and or enforced by

the CRO and have the ability to adapt to the fast changing world of IT and

_______________________________________________________________________________

thA thrA:::it l:::inrlc:r:::inA Ac: r\/hAr rrimin:::ilc: rnntini IA tn :::irl\/:::inrA \A/A nAArl tn

List any supporting materials included and submitted with the Agenda Request Form

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

Computer Resource Ordinance

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

Iii Yes

□ No

If yes, please indicate why:

There currently is no enforced governance outside of the CRO to protect Oneida Nation's Information and data security.

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Digitally signed by Shane Hill

Shane Hill

Date: 2024.04.30 11 :07:18 -05'00'

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

000000

ONEIDA

AGENDA REQUEST FORM

Request Date: _4_-2

_-_2_4__________________

Contact Person(s): Ra Linda Ninham-Lamberies

Dept: Finance

Phone Number: 920-869-4242

Email: rlamberi@oneidanation.org

3) Agenda Title: Amend Chapter 210 Vehicle Driver Certification and Fleet Management

Detailed description of the item and the reason/justification it is being brought before the LOC:

Remove the word "purchase" and the responsibility from the Fleet

Management Department. '\Ne have discovered ttiat adding the

req11irement for the fleet manager to be involved in the p1 irchasing

process has lead to unintended delays that can be avoided by reverting

this respons1b1l1ty back to the existing cap ex purchasing process

List any supporting materials included and submitted with the Agenda Request Form

!) _ _ _ _ _ _ _ _ __

3) _ _ _ _ _ _ _ _ __

2) _ _ _ _ _ _ _ _ _ _ __

4) _ _ _ _ _ _ _ _ __

Please list any laws, policies or resolutions that might be affected:

Please list all other departments or person(s) you have brought your concern to:

DPW

Do you consider this request urgent?

li]Yes

□ No

If yes, please indicate why:

Unnecessary delays and lost opportunities.

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating om ittee.

Signature of Requester:

--------H'~~a..>=-=-~..<-J=l--=~--,L..W<.-~...,,__.,_M

Please send this form and all supporting materials to:

LOC@oneidanation.org

01'

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

=DODDOO

ONEIDA

Boards, Committees, and Commissions

Jameson Wilson, Legislative Operating Committee Chairperson

May 15, 2024

Change in the Bylaws Amendment Process

The Legislative Operating Committee has collaborated with the Oneida Law Office and the

Government Administrative Office to discuss how to improve the process for amending bylaws for

boards, committees, and commissions of the Nation.

Currently, when a board, committee, or commission seeks amendments to their bylaws they submit a

request to the Legislative Operating Committee. The Legislative Operating Committee then decides

to either accept the request and add the bylaws amendments to its Active Files List or denies the

request for amendments. If bylaws are added to the Active Files List for amendments to be made, the

Legislative Operating Committee then assigns an attorney from the Legislative Reference Office to

assist with drafting and/or processing the bylaws amendments so they ultimately can be presented to

the Oneida Business Committee for adoption.

The Boards, Committees, and Commissions law requires that amendments to bylaws of boards,

committees, and commissions of the Nation be approved by the Oneida Business Committee, in

addition to the General Tribal Council when applicable, prior to implementation. [1 O.C. 105.103(g)]. It is not required that amendments to bylaws be processed through the Legislative Operating

Committee.

Moving forward, the Government Administrative Office and the board, committee, or commission’s

assigned attorney from the Oneida Law Office will assist in developing amendments to bylaws. This

change in process will allow bylaw amendments to be directly placed on an Oneida Business

Committee meeting agenda for approval. This means the Legislative Operating Committee will no

longer process amendments to bylaws for boards, committees, and commissions of the Nation, which

should streamline the amendment process.

The Government Administrative Office and the Oneida Law Office will be prepared to begin aiding

boards, committees, and commissions with processing amendments to their bylaws on June 1. 2024.

The Legislative Operating Committee, Oneida Law Office, and the Government Administrative

Office believe this change will create a more efficient and effective process for amending bylaws of

boards, committees, and commissions of the Nation.

For any questions regarding the change in the bylaws amendment process please contact:

 Lisa Summers - Business Committee Area Manager

lsummer2@oneidanation.org or (920) 869-4447

 Brooke Doxtator - Boards, Committees, and Commissions Supervisor

bdoxtat1@oneidanation.org or (920) 869-4452

Page 1 of 1

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

=DODDOO

ONEIDA

Finance Committee

Jameson Wilson, Legislative Operating Committee Chairperson

May 15, 2024

Removal of the Finance Committee Bylaws Amendments from the Active Files List

On May 15, 2024, the Legislative Operating Committee took action to remove the Finance Committee

Bylaws Amendments from its Active Files List. This item is being removed from the Legislative

Operating Committee’s Active Files List because the Legislative Operating Committee will no longer

be processing amendments to bylaws.

The Legislative Operating Committee has collaborated with the Oneida Law Office and the

Government Administrative Office to discuss how to improve the process for amending bylaws for

boards, committees, and commissions of the Nation.

Moving forward, the Legislative Operating Committee will no longer process amendments to bylaws

for boards, committees, and commissions of the Nation. Instead, boards, committees, and

commissions of the Nation will work directly with the Government Administrative Office and their

assigned attorney from the Oneida Law Office to develop amendments to bylaws so they may be

directly placed on an Oneida Business Committee meeting agenda for approval.

The Government Administrative Office and the Oneida Law Office will be prepared to begin aiding

boards, committees, and commissions with processing amendments to their bylaws on June 1. 2024.

The Legislative Operating Committee, Oneida Law Office, and the Government Administrative

Office believe this change will create a more efficient and effective process for amending bylaws of

boards, committees, and commissions of the Nation.

If you have any questions regarding the Legislative Operating Committee’s decision to remove this

item from its Active Files List, please feel free to contact the Legislative Operating Committee at

LOC@oneidanation.org.

Page 1 of 1

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

=DODDOO

ONEIDA

Southeastern Wisconsin Oneida Tribal Services Advisory Board

Jameson Wilson, Legislative Operating Committee Chairperson

May 15, 2024

Removal of the Southeastern Wisconsin Oneida Tribal Services Advisory Board

Bylaws Amendments from the Active Files List

On May 15, 2024, the Legislative Operating Committee took action to remove the Southeastern

Wisconsin Oneida Tribal Services Advisory Board Bylaws Amendments from its Active Files List.

This item is being removed from the Legislative Operating Committee’s Active Files List because

the Legislative Operating Committee will no longer be processing amendments to bylaws.