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

March 20, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. March 6, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

IV.

New Submissions

1. Community Support Fund Law Amendments (pg. 4)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

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

March 6, 2024

9:00 a.m.

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

Others Present: Clorissa N. Leeman, Grace Elliott, Keith Doxtator, Maureen Perkins, Fawn

Cottrell

Others Present on Microsoft Teams: Reynold Danforth, Mary Graves, Diane Wilson, Kristal

Hill, Todd Vanden Heuvel, Mark Powless, Peggy Helm-Quest, Eric McLester, Kaylynn Gresham,

Carolyn Salutz, Tavia Charles, Peggy Van Gheem, Michelle Braaten, David P. Jordan, Rhiannon

Metoxen, Debra Santiago, Lisa Moore, Rae Skenandore, Matt Denny, Sidney White, Michelle

Tipple, Katsitsiyo Danforth

Call to Order and Approval of the Agenda

Jameson Wilson called the March 6, 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. February 21, 2024 LOC Meeting Minutes

Motion by Jennifer Webster to approve the February 21, 2024, LOC meeting minutes and

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

unanimously.

III.

Current Business

1. Back Pay Law Amendments

Motion by Jennifer Webster to approve the updated materials contained in the public

meeting packet for the Back Pay Law Amendments, and forward the Back Pay Law

Amendments to a public meeting to be held on April 12, 2024; seconded by Jonas Hill.

Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of March 6, 2024

Page 1 of 2

ONEIDA

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IV.

New Submissions

1. Conflict of Interest Law Amendments

Motion by Jennifer Webster to add the Conflict of Interest law amendments to the Active

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

unanimously.

2. Budget and Finances Law Amendments

Motion by Jonas Hill to add Budget and Finances law amendments to the Active Files List

with Jennifer Webster as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

Additions

VI.

Administrative Items

1. April 2, 2024 LOC Community Work Session Notice

Motion by Jennifer Webster to approve the Legislative Operating Committee community

work session notice and schedule the community work session to take place on April 2,

2024; seconded by Jonas Hill. Motion carried unanimously.

2. Certification of Amendments to Leasing Law Rule No. 6 – Homeownership by

Independent Purchase (HIP) Program

Motion by Jennifer Webster to certify the Leasing Law Rule No. 6 – Homeownership by

Independent Purchase Program amendments, and forward to the Oneida Business

Committee for consideration; seconded by Jonas Hill. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 9:24 a.m.; seconded by Marlon Skenandore.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of March 6, 2024

Page 2 of 2

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Legislative Operating Committee

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Agenda Request Form

1) Request Date: March 20, 2024

Contact Person(s): _L_a_rry_B_a_rt_o_n_ _ _ _ _ _ _ _ _ _ _ Dept:_O_B_C

_ _ _ _ _ _ _ _ __

Phone Number: 920-869-4394

Email: lbarton2@oneidanation.org

3) Agenda Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

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

Amendment to the Community Support Fund Law Section 125.6 Items Covered by the Fund

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

l) Memorandum

3) Support documents from 3-10-21 as reference

2) Redlined Community Support Fund Law

4) _ _ _ _ _ _ _ _ _ _ __

5) Please List any laws, ordinances or resolution that might be affected:

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

7) Do you consider this request urgent?

□ Yes

li]No

If yes, please indicate why: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

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

Legislative Operating Committee

Signature of Requester:

cf7

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

PO Box 365 • 0110.lda, WI 54155-0365

oneida-nsn.gov

ONEIDA

Memorandum

To:

LOC Committee

From:

Larry Barton, Treasurer

Date:

March 4, 2024

Re:

Proposed Change to the Community Support Fund Law

The proposed change to the Community Support Fund Law applicable to:

Section 125.6 - Items Covered by the Fund:

125.6-1 Item H. Requests for assistance from the Fund shall be tied to or be a result of a

catastrophic event, catastrophic illness or injury, or emergency event. Upon verification

of a catastrophic event, catastrophic illness or injury, or emergency event, the Fund may

be used for the following:

Current Language:

(h). Inpatient Treatment, with a limit of once per lifetime;

Proposed Language change:

(h.) Inpatient Treatment, by referral of Behavioral Health Practitioner;

This proposed change accommodates access for multiple treatment referrals for

addiction.

Attached:

Redline proposal

3-10-21-C supporting documents

Thank you.

Page 1 of 1

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

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Title 1. Government and Finances - Chapter 125

Kaya?takenhasla tsi? niyukwana·ta~.

It is helpful where our community lays

COMMUNITY SUPPORT FUND

125. l. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125 .5, Priorities for Consideration

125 .6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Decision and Appeal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness

or injury, or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a

catastrophic event, catastrophic illness or injury, or emergency event, when there is no other

assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-03-1021-C.

125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

125.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

125.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Applicant" means the subject of the application for assistance.

(b) "Business day" means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays of the Nation.

administering Fund benefits.

(d) "Catastrophic event" means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover,

including, but not limited to, a house fire, tornado, flood, or other disaster.

(e) "Catastrophic illness or injury" means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition,

including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly

therapy resulting from trauma;

1 O.C. 125 - Page 1

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(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective, including, but not limited to, stroke or terminal

disease; or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition, including, but not limited to, cancer or kidney

disease.

(f) "Emergency event" means a situation that poses an immediate risk to health, life,

safety, property, or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) "Emergency medical travel" means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family, including, but not

limited to, end of life situation or life support.

(h) "Fund" means the Community Support Fund.

(i) "Fund Operator" means the Economic Support Services Depaiiment, or other

department within the Governmental Services Division designated authority over the

operation of the Fund.

G) "Immediate family" means an applicant's husband, wife, mother, father, son, daughter,

brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of

these relations attained through man'iage or legal adoption, as well as a person who has

legal responsibility for the applicant, or a person the applicant has legal responsibility of.

(k) "Legal guardian" means a person who has the legal authority to care for the personal

and property interests of another person granted through Comi order.

(I) "Legal responsibility" means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Comi order.

(m) "Major medical surgery" means a surgical procedure that carries a degree of risk to the

patient's life, or the potential for severe disability if something goes wrong during surgery.

It is a surgical procedure that usually requires a patient to be put under general anesthesia

and given respiratory assistance because he or she cannot breathe independently.

(n) "Nation" means the Oneida Nation.

(o) "Public health emergency" means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

of people.

(p) "Rule" means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(q) "Trial Court" means the Trial Court' of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

1 O.C. 125 - Page 2

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125.4.

Responsibilities, Eligibility and Qualifications

125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following

responsibilities in regard to the operation of the Fund:

(a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the

administration of the Fund which:

(1) shall include the list of categories the Fund covers and a cap that sets the amount

of assistance per event/per household, except for funeral expenses which shall be

set per event/per person; and

(2) may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b) Communication and Education. The Fund Operator shall ensure that the Nation's

membership is informed of what assistance is available through the Fund, how to apply for

assistance, and who is eligible for assistance.

125.4-2. Reporting Requirements. The Governmental Services Division Director shall report

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the

Fund.

125.4-5. The Fund is a fund oflast resort and provides assistance when there is no other :financial

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

resources that can meet the needs of their request. Proof of requesting assistance from other sources

shall be provided with the application.

125.4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

(d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling

injuries due to motor vehicle accident;

(e) Natural disaster, including, but not limited to, tornado, fire, flood;

(f) Public health emergency; and

(g) Death in immediate family.

125 .4-7. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly

to the service provider.

125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding

levels.

1 O.C. 125 - Page 3

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125.4-10. Oneida programs and enterprises are not eligible for these funds.

125.5.

Priorities for Consideration

125.5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event;

(b) Cost, usual and customary fees;

emergency event occurred; and

(d) The Fund's appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event,

catastrophic illness or injury, or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills, including dental, optical, and hospital, not covered by insurance;

(f) Mortgage payments and rent payments including security deposits, where no other

resources exist;

(g) Utility disconnections;

(h) Inpatient Treatment, with a limit-e.f-oore-per-lifetime;" by referral of Behavioral Health

Practitioner

(i) Fire recove1y and natural disaster assistance;

G) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(1) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members.

125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it

is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on

an emergency basis which shall include, but is not limited to, pending eviction and homelessness.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Only one (1) request per household shall be considered.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

1 O.C. 125 - Page 4

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125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up

to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate

family members. Unless the rules allow for direct payment to the travel provider by the Fund

Operator, such assistance is required to be in the for!ll of reimbursement, provided that mileage

assistance shall always be in the form of reimbursement.

125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness or injury, or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaults, fines, or bankruptcy charges;

(f) Expenses not tied to basic needs such as cable, internet, memberships, etc.;

(g) Legal fees, court costs, judgments;

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

G) Food and personal care items;

(k) Stabilization rent assistance;

(1) Insurance deductibles;

(m) Home renovations not related to handicap accessibility; and

(n) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

(a) The catastrophic event, catastrophic illness or injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant's file.

125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant's needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

1 O.C. 125

Page 5

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provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness or injury, or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(d) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen's compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

G) Approval of assistance or denial of assistance letters from other agencies.

125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.

result in closing the application file, with no further action taken in regard to that

application.

(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file

being closed.

(e) After the file is closed, the applicant shall start the application process over again in

order to be considered for assistance from the Fund. However, no applicant may re-apply

for the same catastrophic event, catastrophic illness or injury, or emergency event more

than the limit stated within this law or the Fund's rules.

125. 8-5. Applications for assistance shall be made within a reasonable time period, not to exceed

forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency

event. Applications made after forty-five (45) business days shall not be considered.

I O.C. 125 - Page 6

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125.9.

Decision and Appeal

125 .9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which

an initial decision is required following the submission of a complete application. Such timeline

shall include available extensions for circumstances wherein the applicant has a determination of

award or coverage pending with another support or assistance resource.

125.9-2. Appeal to the Director ofthe Fund Operator. An appeal of the case manager's decision

shall be requested in writing to the director of the Fund Operator within ten (10) business days

after receipt of notice of the initial decision. The director of the Fund Operator shall provide the

applicant with notice of his or her decision on the matter within ten (10) business days after

receiving the appeal.

125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of

the director of the Fund Operator shall be requested in writing to the Governmental Services

Division Director within ten (10) business days after receipt of notice of the director of the Fund

Operator's decision. The Governmental Services Division Director shall provide the applicant

with notice of his or her decision on the matter within ten (10) business days after receiving the

appeal.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental

Services Division Director by filing a complaint with the Trial Court.

End.

Adopted - BC-05-15-96-A

Amended - BC-01-08-97-G

Amended - BC-12-11-13-D

Amended - BC-01-11-17-B

Amended - BC-03-10-21-C

1 O.C. 125 - Page 7

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54i55•0365

Oneida,mn.gov

TO:

FROM:

DATE:

RE:

ONEIDA

Oneida Business Committee

Kirby Metoxen, LOC Vice-Chairperson

March 10, 2021

Amendments to the Community Support Fund Law

Please find the following attached backup documentation for your consideration of the

amendments to the Conununity Support Fund law:

1. Resolution: Amendments to the Community Support Fund Law

Statement of Effect: Amendments to the Community Support Fund Law

Community Support Fund Law Legislative Analysis

Community Support Fund Law Amendments (Redline Draft)

Community Support Fund Law (Clean Draft)

Community Support Fund Law Fiscal Impact Statement

Overview

On October 7, 2020, the Legislative Operating Committee added the Community Support Fund

law amendments to its Active Files List. The purpose of the Community Support Fund law is to

assist the greatest number of members of the Nation who apply for financial assistance to the Fund

in times of a catastrophic event, catastrophic illness or injury, or emergency event when no other

resources for assistance exist. {l O.C. 125.1-1].

This resolution adopts amendments to the C01mnunity Support Fund law which will:

• Include a definition for Fund Operator, which is the Economic Support Services

Department, or other department within the Governmental Services Division designated

authority over the operation of the Fund [1 O.C. 125.3-1 (i)];

• Revise the definition of"immediate familf' to better reflect Oneida families [1 O.C. 125.310')];

• Include public health emergency as a catastrophic event, catastrophic illness or injury, or

emerge11cy event that qualifies an applicant for assistance from the Fund [1 O.C. 125.4-

6(1)];

• Clarify that the Fund may only be used for the waiting period for a Social Security

•

Disability Determination rent and utility assistance up to a maximum of twelve (12) months

[J O.C. 125.6-l(l)];

Remove the requirement that security deposit assistance only be available to those

members of the Nation who are Wisconsin residents [1 O.C. 125.6-2];

Remove the requirement that the amount paid for a security deposit be paid back to the

Fund before another security deposit is issued in the future [1 O.C. 125.6-2(b)J;

Clarify that an applicant must clarify that he or she applied to his or her local Emergency

Assistance Program prior to applying for utility assistance from the Fund [J 0. C. 125. 6-

3J;

Page 1 of 2

A good mind. A good heart. A slrong fire.

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•

Remove the requirement that funeral travel expenses are only provided to arrange or attend

a fl.meral for immediate family members outside the state where the applicant resides [I

O.C. 125.6-J(n), 125.6-4];

Clarify that lodging assistance due to homelessness or for any other reason not related to a

catastrophic event or emergency event, insurance deductibles, and home renovations not

related to handicap accessibility are not covered by the Fund [1 O.C. 125. 7-l(h)(l)(m)];

Remove the requirement that an applicant provide all household income the last thirty (30)

business days immediately prior to the submission of the application [I 0. C. 125. 8-2];

Expand the time period for an applicant to submit an application from thirty (30) days to

forty-five (45) days [I O.C. 125.8-5];

Adjust the appeal process to reflect reorganization of the Governmental Services Division

[1 O.C. 125.9); and

Make other minor drafting changes throughout the law for clarity.

The Legislative Operating Committee developed the proposed amendments to the Community

Support Fund law through collaboration with representatives from the Nation's Economic Support

Services Department.

A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed

amendments to the Community Support Fund law due to the COVID-19 pandemic. On March 12,

2020, Chairman Tehassi Hill signed a "Declaration of Public Health State of Emergency"

regarding the COVID-19 pandemic which declared a Public Health State of Emergency for the

Nation until April 12, 2020, and set into place the necessmy authority for action to be taken and

allows the Nation to seek reimbursement of emergency management actions that may result in

unexpected expenses. The Public Health State of Emergency has since been extended until March

13, 2021, by the Oneida Business Committee through the adoption ofresolutions BC-03-28-20-A,

BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.

On March 27, 2020, the Nation's COVID-19 Core Decision Making Team issued a "Suspension

of Public Meetings under the Legislative Procedures Act" declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allows members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

Although no public meeting for the proposed amendments to the Community Suppo1t Fund law

was held in person, the public comment period was still held open until January 13, 2021, for the

submission of written comments. One (1) individual submitted written comments during the public

comment period. All public comments received were reviewed and considered by the Legislative

Operating Committee Janumy 20, 2021.

Requested Action

Adopt the Resolution: Amendments to the Community Support Fund Law

Page 2 of 2

Agood mind. Agood heart. Astrong fire.

ONEIDA

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Packet

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution#

Amendments to the Community Support Fund Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

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

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Community Support Fund law ("the Law") was adopted by the Oneida Business

Committee through BC-05-15-96-A and amended by resolutions BC-01-08-97-G, BC-1211-13-D, BC-01-11-17-B; and

WHEREAS,

the purpose of the Law is to assist the greatest number of members of the Nation who

apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or

injury, or emergency event when no other resources for assistance exist; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Nation's Economic Support Services Department to develop the amendments to the Law;

and

WHEREAS,

the amendments to the Law Revise the definition of "immediate family" to better reflect

Oneida families; and

WHEREAS,

the amendments to the Law include a definition for Fund Operator, which is the Economic

Support Services Department, or other department within the Governmental Services

Division designated authority over the operation of the Fund; and

WHEREAS,

the amendments to the Law include a public health emergency as a catastrophic event,

catastrophic illness or injury, or emergency event that qualifies an applicant for assistance

from the Fund; and

WHEREAS,

the amendments to the Law clarify that the Fund may only be used for the waiting period

for a Social Security Disability Determination rent and utility assistance up to a maximum

of twelve (12) months; and

WHEREAS,

the amendments to the Law remove the requirement that security deposit assistance only

be available to those members of the Nation who are Wisconsin residents; and

WHEREAS,

the amendments to the Law remove the requirement that the amount paid for a security

deposit be paid back to the Fund before another security deposit is issued in the future;

and

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BC Resolution _ _ __

Amendments to the Community Support Fund Law

Page 2 of 3

WHEREAS,

the amendments to the Law clarify that an applicant must clarify that he or she applied to

his or her local Emergency Assistance Program prior to applying for utility assistance from

the Fund; and

WHEREAS,

the amendments to the Law remove the requirement that funeral travel expenses are only

provided to arrange or attend a funeral for immediate family members outside the state

where the applicant resides; and

WHEREAS,

the amendments to the Law clarify that lodging assistance due to homelessness or for any

other reason not related to a catastrophic event or emergency event, insurance

deductibles, and home renovations not related to handicap accessibility are not covered

by the Fund; and

WHEREAS,

the amendments to the Law remove the requirement that an applicant provide all

household income the last thirty (30) business days immediately prior to the submission of

the application; and

WHEREAS,

the amendments to the Law expand the time period for an applicant to submit an

application from thirty (30) days to forty-five (45) days; and

WHEREAS,

the amendments to the Law adjust the appeal process to reflect reorganization of the

Governmental Services Division; and

WHEREAS,

the amendments to the Law make other minor drafting changes throughout the law for

clarity; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the proposed amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance

with the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a "Declaration of Public Health State of

Emergency'' regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was then subsequently extended through March 13,

2021, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A; and

WHEREAS,

on March 27, 2020, the Nation's COVID-19 Core Decision Making Team issued a

"Suspension of Public Meetings under the Legislative Procedures Acf' declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

although a public meeting was not held for the proposed amendments to this Law, the

public comment period for the amendments to this Law was held open until January 13,

2021, and one (1) submission of written comments were received during the public

comment period; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on January 20, 2021; and

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NOW THEREFORE BE IT RESOLVED, that the amendments to the Community Support Fund law are

hereby adopted and shall become effective on March 24, 2021.

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BE IT FURTHER RESOLVED, that the Economics Support Services Department shall develop

amendments to the Community Support Fund Law Rule Handbook in accordance with the Administrative

Rulemaking law to comply with the amendments to the Community Support Fund law.

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BE IT FINALLY RESOLVED, that the amended Community Support Fund law hereby supersedes any

conflicting language that may be found in the Community Support Fund Law Rule Handbook until such a

time the Community Support Fund Law Rule Handbook is amended.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=fflJDOOD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Statement of Effect

Amendments to the Community Support Fund Law

Summary

This resolution adopts amendments to the Community Support Fund law.

Submitted by: Clarissa N Santiago, Senior StaffAttorney, Legislative Reference Office

Date: February 26, 2021

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Community Support Fund law. The purpose of the

Community Support Fund law is to assist the greatest number of members of the Nation who apply

for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or

emergency event when no other resources for assistance exist. [1 O.C. 125.1-1].

This resolution seeks permanent amendments to the Community Support Fund law which will:

• Include a definition for Fund Operator, which is the Economic Support Services

Department, or other department within the Governmental Services Division designated

authority over the operation of the Fund [1 O.C. 125.3-1 (i)];

• Revise the definition of "immediate family" to better reflect Oneida families [1 0. C. 125. 31(j) ];

• Include public health emergency as a catastrophic event, catastrophic illness or injury, or

emergency event that qualifies an applicant for assistance from the Fund [1 O.C. 125.46(!)];

• Clarify that the Fund may only be used for the waiting period for a Social Security

Disability Determination rent and utility assistance up to a maximum of twelve (12) months

[l O.C. 125.6-l(l)];

• Remove the requirement that security deposit assistance only be available to those

members of the Nation who are Wisconsin residents [1 O.C. 125.6-2];

• Remove the requirement that the amount paid for a security deposit be paid back to the

Fund before another security deposit is issued in the future [1 O.C. 125.6-2(b)];

• Clarify that an applicant must clarify that he or she applied to his or her local Emergency

Assistance Program prior to applying for utility assistance from the Fund [1 0. C. 125. 63J;

• Remove the requirement that funeral travel expenses are only provided to arrange or attend

a funeral for immediate family members outside the state where the applicant resides [1

O.C. 125.6-1 (n), 125.6-4];

• Clarify that lodging assistance due to homelessness or for any other reason not related to a

catastrophic event or emergency event, insurance deductibles, and home renovations not

related to handicap accessibility are not covered by the Fund [1 0. C. 125. 7-1 (h)(l)(m)J;

• Remove the requirement that an applicant provide all household income the last thirty (30)

business days immediately prior to the submission of the application [1 0. C. 125. 8-2];

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Expand the time period for an applicant to submit an application from thirty (30) days to

forty-five (45) days [1 O.C. 125.8-5];

Adjust the appeal process to reflect reorganization of the Governmental Services Division

[1 O.C. 125.9]; and

Make other minor drafting changes throughout the law for clarity.

The Legislative Procedures Act ("the LP A") was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 0. C.

109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109. 7]. The proposed amendments to the Community Support

Fund law comply with these requirements.

The LP A also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. A public meeting for the proposed amendments to the

Community Support Fund law was not held due to the COVID-19 pandemic. In accordance with

the Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi

Hill signed a "Declaration of Public Health State of Emergency" regarding COVID-19 which

declared a Public Health State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.81]. The Public Health State of Emergency for the Nation has since been extended until March 13,

2021, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20D, BC-01-07-21-A, and BC-02-10-21-A.

On March 27, 2020, the Nation's COVID-19 Core Decision Making Team issued a "Suspension

of Public Meetings under the Legislative Procedures Act" declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allows members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

Although a public meeting for the proposed amendments to the Community Support Fund law was

not held, the public comment period was still held open until January 13, 2021. The Legislative

Operating Committee reviewed and considered the public comments that were received on January

20, 2021.

Adoption of this resolution complies with the process and procedures of the LP A as it has been

modified by the COVID-19 Team's "Suspension of Public Meetings under the Legislative

Procedures Act" declaration.

This resolution provides that the amendments to the Community Support Fund law would become

effective on March 24, 2021, in accordance with the LPA. [1 O.C. 109.9-3].

The resolution also contains a directive that the Economics Support Services Department develop

amendments to the Community Support Fund Law Rule Handbook in accordance with the

Administrative Rulemaking law to comply with the amendments to the Community Support Fund

law. The resolution clarifies that the amended Community Support Fund law hereby supersedes

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ONEIDA

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any conflicting language that may be found in the Community Support Fund Law Rule Handbook

until such a time the Community Support Fund Law Rule Handbook is amended.

Conclusion

Adoption of this resolution would not conflict with any of the Nation's laws. Adoption of this

resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team's "Suspension of Public Meetings under the Legislative

Procedures Act" declaration.

Page 3 of 3

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ONEIDA

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AMENDMENTS TO THE

COMMUNITY SUPPORT FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Include a definition for Fund Operator, which is the Economic Support Services

Department, or other department within the Governmental Services Division

designated authority over the operation of the Fund;

Revise the definition of "immediate family" to better reflect Oneida families;

Include public health emergency as a catastrophic event, catastrophic illness or

injury, or emergency event that qualifies an applicant for assistance from the

Fund;

Clarify that the Fund may only be used for the waiting period for a Social Security

Disability Determination rent and utility assistance up to a maximum of twelve

(12) months;

Remove the requirement that security deposit assistance only be available to those

members of the Nation who are Wisconsin residents;

Remove the requirement that the amount paid for a security deposit be paid back

to the Fund before another security deposit is issued in the future;

Clarify that an applicant must clarify that he or she applied to his or her local

Emergency Assistance Program prior to applying for utility assistance from the

Fund;

■

Remove the requirement that funeral travel expenses are only provided to arrange

or attend a funeral for immediate family members outside the state where the

applicant resides;

Clarify that lodging assistance due to homelessness or for any other reason not

related to a catastrophic event or emergency event, insurance deductibles, and

home renovations not related to handicap accessibility are not covered by the

Fund;

■

Remove the requirement that an applicant provide all household income the last

thirty (30) business days immediately prior to the submission of the application;

Expand the time period for an applicant to submit an application from thirty (30)

days to forty-five (45) days; and

■

Adjust the appeal process to reflect reorganization of the Governmental Services

Division.

To assist the greatest number of members of the Nation who apply for assistance to

the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency

event when no other resources for assistance exist. 1 0. C. 125.1-1 .

Economic Su ort Services De mtment

A public comment period was held open until January 13, 2021. A public meeting

was not held in accordance with the Nation's COVID-19 Core Decision Making

Team's declaration titled, "Suspension of Public Meetings under the Legislative

Procedures Act."

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What is the Community Support Fund?

The Community Support Fund is a resource available to members of the Nation which provides financial

assistance when a member of the Nation is experiencing a catastrophic event, catastrophic illness or injury,

or emergency event. Examples of a catastrophic event, catastrophic illness or injury, or emergency event

include:

-Death in the immediate family

-Fire

-Tornado

-Major medical surgery

-Cancer

-Flood

-Injury from motor vehicle accidents -Stroke

-Public Health Emergency

Assistance from the Community Support Fund is only available when there is no other financial assistance

available, or all other assistance has been exhausted. The Community Support Fund is funded through

tribal contribution and has a budget of approximately $350,000. The Community Support Fund can be

used to assist with the following types of expenses:

-Rent or mortgage

-Utility payments

-Medical travel

-Funeral travel

-Prescription reimbursement

-Medical bills

-Dental related expenses

-Optical related expenses

-Inpatient treatment

-Security deposits

-Automobile repairs for medical travel -Utility disconnections

~Family Medical Leave Act -Temporary shelter due to natural -Furnace & water heater

wage replacement

disaster

repair and replacement

-Medical related equipment, -Shelter during a Social Security -COBRA

insurance

supplies, or furniture

Disability Determination

payments

The Community Support Fund Law Rule Handbook: provides more information on how a member of the

Nation may qualify for each category of assistance of the Community Support Fund and the maximum

amount of assistance provided for each category of assistance. The Community Support Fund Law Rule

Handbook: can be found online in the Oneida Code of Laws.

SECTION 2. LEGISLATIVE DEVELOPMENT

SECTION 3. CONSULTATION AND OUTREACH

A. Background. The Community Support Fund law ("the Law") was first adopted by the Oneida Business

Committee on May 15, 1996, for the purpose of assisting the greatest number of members of the Oneida

Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or

injury, or emergency event when no other resources for assistance exist. [l O.C. 125.1-1].

B. The Law was most recently amended by the Oneida Business Committee on January 11, 2017, through

the adoption ofresolution BC-01-11-17-B.

C. On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic

Support Services Department, submitted a request for the Legislative Operating Committee to consider

amendments to the Law in an effort to expand the assistance available under the Fund to members of

the Nation. The Legislative Operating Committee added the Law to its Active Files List on October 7,

2020.

A. Representatives from the following departments of the Nation participated in the development of

amendments to this Law and legislative analysis:

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Economic Support Services Department.

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

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Administrative Rulemaking law; and

■

Rules of Appellate Procedure.

21.

SECTION 4. PROCESS

A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.

■

On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic

Support Services Department, submitted a request for the Legislative Operating Committee to

consider amendments to the Law.

■

The LOC added the amendments to the Active Files List on October 7, 2020.

■

A draft and legislative analysis for the Law was accepted by the LOC on December 2, 2020.

■

On December 16, 2020, the LOC approved the public comment period packet and forwarded the

proposed amendments to the Law to a public comment period to be held open until January 13,

2021.

■

The public comment period was held open until the close of business on January 13, 2021. One ( 1)

submission of written comments was received.

■

On January 20, 2021, the Legislative Operating Committee accepted the public comments and

public comment review memorandum. The Legislative Operating Committee then reviewed and

considered all the public comments that were received.

■

On February 3, 2021, the Legislative Operating Committee approved the updated public comment

review memorandum, final draft law and legislative analysis. The Legislative Operating Committee

also directed the Finance Department to prepare a fiscal impact statement and provide it to the

Legislative Operating Committee by February 17, 2021.

■

On February 23, 2021 the Finance Department provided the fiscal impact statement to the

Legislative Operating Committee.

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

regarding the development of these amendments:

■

October 15, 2020: Work meeting with Economic Support Services Department.

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October 21, 2020: Work meeting with LOC.

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October 29, 2020: Work meeting with LOC and Economic Support Services Department.

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December 2, 2020: Work meeting with LOC.

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January 20, 2021: Work meeting with LOC.

C. COVID-19 Pandemic's Effect on the Legislative Process. The world is currently facing a pandemic

of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts

including effects on the stock market and the closing of all non-essential businesses. A public meeting

for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the

submission of written comments will still be permitted.

■

Declaration of a Public Health State ofEmergency.

■

On March 12, 2020, Chairman Tehassi Hill signed a "Declaration of Public Health State

of Emergency" regarding the COVID-19 pandemic which declared a Public Health State

of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

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for action to be taken and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses.

• The Public Health State of Emergency has since been extended until March 13, 2021, by

the Oneida Business Committee through the adoption ofresolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-I 008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A.

COVID-19 Core Decision Making Team Declarations: Safer at Home.

• On March 24, 2020, the Nation's COVID-19 Core Decision Making Team issued a "Seifer

at Home" declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

• On April 21, 2020, the COVID-19 Core Decision Making Team issued an "Updated Safer

at Home" declaration which allowed for gaming and golf operations to resume.

• On May 19, 2020, the COVID-19 Core Decision Making Team issued a "Safer at Home

Declaration, Amendment, Open for Business" which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

• On June 10, 2020, the COVID-19 Core Decision Making Team issued a "Stay Seifer at

Home" declaration which lessened the restrictions of the "Seifer at Home Declaration,

Amendment, Open for Business" while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

• On July 17, 2020, the COVID-19 Team issued a "Safe Re-Opening Governmental Offices"

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

• On March 27, 2020, the Nation's COVID-19 Core Decision Making Team issued a

"Suspension of Public Meetings under the Legislative Procedures Acf' declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

• Although a public meeting will not be held on the proposed amendments to the Community

Support Fund law, a public comment period was still held open until January 13, 2021, in

accordance with the Legislative Procedures Act and the COVID-19 Core Decision Making

Team's "Suspension ofPublic Meetings under the Legislative Procedures Act" declaration.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Definition for Immediate Family. The proposed amendments to the Law revise the definition for

"immediate family." The Law now defines "immediate family" as an applicant's husband, wife,

mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew,

cousin, and any of these relations attained through marriage or legal adoption, as well as a person who

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has legal responsibility for the applicant, or a person the applicant has legal responsibility of. [I 0. C.

125.3-1 (j)J. Previously, "immediate family" was defined as that group of persons who make up a

family unit normally defined as husband, wife, children, sister, brother, in-laws, step family,

grandparents and grandchildren, and/or a person who has legal responsibility for the applicant. The

term "immediate family" is most frequently used in the Law in reference to assistance for funeral travel

expenses.

■

Effect. The proposed amendments expand the definition of immediate family to better reflect

familial relationships amongst members of the Nation. The Economic Support Services Depatiment

made the recommendation to expand this definition based on requests for assistance that have been

submitted, in an eff01i to better meet the needs of members of the Nation.

B. Public Health Emergency as a Qualification for Assistance. The proposed amendments to the Law

now specify that a public health emergency is a type of catastrophic event or catastrophic illness or

injury which qualifies an applicant for assistance. [I O.C. 125.4-6(/)]. The public health emergency

qualification is in addition to the following types of catastrophic events, and catastrophic illnesses or

injuries that were previously specified in the Law: terminally ill, physically challenged or incapacitated,

major medical surgery, life threatening, natural disaster, and death in immediate family. [1 O.C. 125.46).

• Effect. The proposed amendment to the Law provides greater clarification that a public health

emergency does qualify as a type of catastrophic event or catastrophic illness or injury a person

may apply for assistance for. During the COVID-19 pandemic the Economic Supp01i Services

Department did view the Nation's declaration of a Public Health State of Emergency as an

emergency event that would qualify a person for assistance, but requested that the Law be clarified

to specify this.

C. Utility and Rent Assistance during Waiting Period for a Social Security Disability Determination.

The proposed amendments to the Law limit rent and utility assistance from the Fund during a waiting

period for a Social Security Disability Determination to a maximum period of twelve (12) months. [1

O.C. 125.6-l(l)]. Previously, the Law provided no limitation on how long a person may receive rent

and utility assistance during the waiting period for a Social Security Disability Determination.

• Effect. Due to the fact that the Fund is funded entirely by tribal contribution, the proposed

amendment to the Law limits the period of time a person may receive rent and utility assistance

during a waiting period for a Social Security Disability Determination in an effort to preserve the

Fund so assistance can be provided to a greater number of applicants.

D. Security Deposit Assistance. The proposed amendments to the Law remove the limitation that security

deposit assistance only be provided to members of the Nation who are residents of Wisconsin only. [1

O.C. 125.6-2]. The proposed amendments also remove the provision which states that security deposits

are non-transferable, and the requirement that the amount paid for a security deposit shall be paid back

to the Fund before another security deposit is issued at any time in the future. [1 O.C. 125.6-2(b)]. The

proposed amendments to the Law also remove the statement that multiple consecutive requests may be

made.

• Effect. .The removal of the requirement that security deposit assistance only be provided to

members of the Nation that are residents of Wisconsin greatly expands who may be eligible to

apply for security deposit assistance. It was unknown to the Economic Support Services

Department why security deposit assistance was limited to residents of Wisconsin only, since that

was the only type of limitation that had a residency limitation.

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E. Utilities Assistance. The proposed amendments to the Law added a provision which states that an

applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before

applying for assistance from the Fund. [1 O.C. 125.6-3]. Previously, the section of the Law on utilities

assistance did not mention this requirement, although the Law generally provided that applicants shall

first seek out other resources that can meet the needs of their request. [1 O.C. 125.4-5].

■

Effect. The inclusion of the statement that an applicant has to demonstrate that he or she applied to

his or her local Energy Assistance Program before applying for the Fund provides further

clarification on how an applicant can meet the Law's requirement of first seeking out other

resources that can meet the needs of their request.

F. Funeral Travel Expenses. The proposed amendments to the Law remove the requirement that

assistance to arrange or attend a funeral for immediate family members is only allowed when the travel

is outside the state where the applicant resides. [1 O.C. 125.6-1 (n), 125.6-4].

■

Effect. The proposed amendments to the Law expand the availability of assistance for funeral travel

expenses for members of the Nation. Instead ofrestricting assistance for funeral travel expenses to

outside the state where the applicant resides, the Economic Support Services Department provided

that the corresponding rule in the Community Support Fund Law Rule Handbook will include

minimum distance requirements that qualify a person for assistance. The Economic Support

Services Department made this recommendation based on the understanding that there may be great

distances within the state the applicant resides that would prevent the applicant from attending or

arranging a funeral if the applicant did not have access to assistance.

G. Items not Covered by the Fund. The proposed amendments to the Law specify additional expenses

that are not eligible for assistance from the Fund. [1 O.C. 125.7-1]. The proposed amendments to the

Law provide that lodging assistance due to homelessness or for any other reason not related to a

catastrophic event or emergency event, insurance deductibles, and home renovations not related to

handicap accessibility are not covered by the Fund. [1 O.C. 125. 7-1 (h)(l)(m)J.

■

Effect. The proposed amendments to the Law provide further clarification as to different expenses

that will not be eligible for assistance from the Fund. The Economic Suppmt Services Depaitment

requested that extra clarification be provided on expenses included in the proposed amendments

because they receive frequent requests for assistance for these expenses which are denied for not

meeting the qualifications for assistance from the Fund.

H. Verification of Household Income. The proposed amendments to the Law remove the requirement

that an applicant provide verification of all household income the last thirty (30) business days

immediately prior to the submission of the application. [I O.C. 125.8-2].

■

Effect. The proposed amendments to the Law remove the requirement to provide verification of all

household income because the Economic Support Services Depaitment determined it was

unnecessary to require this information when there are no income requirements to qualify an

applicant for assistance from the Fund.

I. Time Period for Submission ofApplications. The proposed amendments to the Law extend the time

period to submit an application for assistance to forty-five (45) days after a catastrophic event,

catastrophic illness or injury, or emergency event. [1 O.C. 125.8-5]. Previously, the Law required that

all applications for assistance be submitted within thirty (30) business days of a catastrophic event,

catastrophic illness or injury, or emergency event.

■

Effect. The time period to submit an application for assistance from the Fund was extended an

additional fifteen (15) business days by the proposed amendments to the Law. The Legislative

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Operating Committee proposed this amendment to the Law based on the understanding that when

a person is experiencing a catastrophic event, catastrophic illness or injury, or emergency event it

may be more difficult for the person to collect the necessary supporting documentation and submit

an application. The Legislative Operating Committee wanted to ensure that the Law provides grace

and flexibility to an applicant as they navigate through the catastrophic event, catastrophic illness

or injury, or emergency event.

J. Appeals. The proposed amendments to the Law adjust the appeal process to reflect the reorganization

of the Governmental Services Division. The Law provides that a person may appeal the decision of the

case manager to the director of the Fund Operator. [1 O.C. 125.9-2]. A person may then appeal the

decision of the Fund Operator to the Governmental Services Division Director. [1 O.C. 125.9-3]. And

a person then may further appeal the decision of the Governmental Services Division Director by filing

a complaint with the Trial Court. [1 O.C. 125.9-4]. Previously, the Law provided that an appeal of the

case manager's decision could be made to the Program Director, which is the same at the Director of

the Fund Operator. An appeal of the Program Director's decision could then be made to the Area

Manager. And then an appeal of the Area Manager's decision could be made to the Oneida Court of

Appeals.

■

Effect. The proposed amendments to the Law amend the appeal process in two (2) ways. First, an

appeal of the Director of the Fund Operator's decision can now be made to the Governmental

Services Division Director instead of the Area Manager as formally drafted because the

Governmental Services Division has been reorganized since the onset of the COVID-19 pandemic

and no longer has Area Managers. Second, an appeal of the Governmental Services Division

Director's decision can be made by filing a complaint with the Trial Court. Previously, appeals

were made directly to the Oneida Court of Appeals. The Rules of Appellate Procedure provide that

any party to a civil action, who is aggrieved by a final judgment or order of the Trial Court or

original hearing body, may appeal to the Court of Appeals. [8 O.C. 805.5-1]. An original hearing

body is defined as the administrative agency decision-making panel which heard a contested case

under the Administrative Procedures Act, or similar law, and from which appeal is permitted by

law. [8 O.C. 805.3-1 (s)}. Although the Law previously permitted appeals of the Area Manager to

•be made directly to the Court of Appeals, the Area Manager was not an administrative agency

decision making panel which heard contested cases under the Administrative Procedures Act or

similar law, and therefore it is more appropriate for the appeal to be filed as a complaint with the

Trial Court instead of directly to the Couti of Appeals.

K. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the

Law for clarity.

228

229

230

231

232

233

234

235

SECTION 6. EXISTING LEGISLATION

A. References to other Laws oftlte Nation. The following laws of the Nation are referenced in this Law:

■

Administrative Rulemaking law. The Administrative Rulemaking law provides a process for the

adoption and amendments of administrative rules. [1 0. C. 106.1-1}.

■ This Law provides that the Fund Operator shall promulgate rules for the administration of

the Fund which shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/per household, except for funeral expenses which shall be set

per event/per person. [1 O.C. 125.4-1 (a)(l)}.

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• This Law provides that the rules promulgated by the Fund Operator may include additional

items not listed in section 125.6 of the Law, as long as the rule does not conflict with any

provision of the Law. [l O.C. 125.4-1 (a)(2)].

SECTION 7. OTHER CONSIDERATIONS

A. Community Support Fund Law Rule Handbook. The Law requires that the Fund Operator promulgate

rules for the administration of the Fund which shall include the list of categories the Fund covers and a

cap that sets the amount of assistance. [l 0. C. 12 5. 4-1]. After amendments to the Law were adopted

by the Oneida Business Committee through resolution BC-01-11-17-B, the Community Support Fund

Law Rule Handbook was then adopted by the Oneida Business Committee on January 24, 2018. Upon

the adoption of the proposed amendments to the Law the Economic Support Services Department will

need to make amendments to the Community Support Fund Law Rule Handbook in accordance with

the Administrative Rulemaking law. The amendments to the Community Support Fund Law Rule

Handbook would make revisions necessary to comply with the Law and addresses additional revisions

desired by the Economic Support Services Department.

■

Conclusion. It would be best practice for the Legislative Operating Committee to communicate

and work with the Economic Support Services Department to ensure the certification and adoption

of the Community Support Fund Law Rule Handbook amendments can coincide as closely as

possible with the adoption of the amendments to the Community Support Fund law.

B. Use of the Community Support Fund. In an effort to provide a better understanding on how the

Community Support Fund is utilized by the membership, the following information was provided by

the Economic Suppoti Services Department which demonstrates how many times a year the category

of the Fund was utilized, as well as the total benefit amount provided for each category of the Fund

from January 1, 2020 until November 1, 2020.

COBRA Insurance Pa ments

Dental Ex enses

Fire Recover /Natural Disaster

Funeral Travel

Home Renovations

In atient Treatment

Medical Bill Pa ments

Medical Travel

Medical Related E ui ment/Service

Securi De osit

SSD Determination Rent

SSD Determination Utilit

Utilities

210

155

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$37,851.63

$23,285.29

$194,499.62

$391.38

$6,965.00

$1,811.64

$15,254.49

$200.00

$15,735.80

$115,864.17

$19,046.61

$21,539.77

$2,084.50

$1,375.60

$16,630.00

$68,283.36

$5,643.56

$21,434.57

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$14,100.00

260

*Data provided by the Economic Support Services Department on November 24, 2020.

261

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

262

legislation except emergency legislation. [1 0. C. 109. 6-1]. Oneida Business Committee resolution BC263

10-28-20-A titled, "Further Interpretation of 'Fiscal Impact Statement' in the Legislative Procedures

264

Act," provides further clarification on who the Legislative Operating Committee may direct complete

265

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

266

completing the fiscal impact statement. On February 3, 2021, the LOC directed that a fiscal impact

267

statement of the proposed amendments to the Law be completed by the Finance Department by

268

February 17, 2021.

269

■

Conclusion. On February 23, 2021, the Finance Department provided a fiscal impact statement of

270

the proposed amendments to the Law.

271

272

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Title 1. Government and Finances - Chapter 125

COMMUNITY SUPPORT FUND

Kaya?takenhasla tsi? niyukwana·ta~

It is helpful

12S+.--PHFt}ltSe-iltl<l.Pt>l-ic7

where our community lays

-l--2.5cf>,--Hems-(;;-Hvern<l-by-4he-Fl1H<l

-1 ±.5~2-,-Adoption,-Amend1ne11!,-Ro11eal

1°2-S,1.--lloms-noH:'overcdby-tlieFund

-hh~c-f)&flflii-iem;

-hh"-c-&o---t\jtpl-iBaliBl-l---R'3ft1+iffilHents

~2.5c9,--Appea\

COMMUNITY SUPPORT FUND

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

lliJ.,__J)efini.tion1

125.4._Responsibilities, Eligibility and Qualifications

.ll,2.,_5_. Prim:Uies for Consideration

125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. AQ12]kation R~uirements

1_25_.9._Decision and_Apt2eal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

0:Re-i-El--a--Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic

illness,__QI injury.,_ or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the G-Aeci-cfa-Nation to assist tJ:1-e-kits people in a time of need

after a catastrophic event, catastrophic illness,...m: injury.,_ or emergency event, when there is no

other assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-505-15-96A and amended by resolutions BC-01-08-97-G, BC-12-+11-13-D--afle.,_ BC-01-11-17-R and BC125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

125 .2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

125 .2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Applicant" means the subject of the application for assistance.

(b) "Business aay-sday" means Monday through Friday from 8:00 a.m. to 4:30 p.m.,

excluding Nati-01-1-holidays. of the Nation.

administering Fund benefits.

(d) "Catastrophic event" means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover--fi.e.-.,_

including, but not limited to, a house fire, tornado, flood, or other disaster}.,,

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(e) "Catastrophic illness or injury" means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition-(-si.+eh

-as, including, but not limited to, chemotherapy,1_,__radiation, dialysis, and daily,!_QI

weekly therapy resulting from trauma~:;-~

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective-f, including, but not limited to, stroke,-_QI terminal

disease,e-te.t,~ or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition~-i-ce;, including, but not limited to, cancer or

kidney disease)..,_

(t) "Emergency event" means a situation that poses an immediate risk to health, life,

safety, property~ or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) "Emergency medical travel" means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family;--(-he-.,-, including, but

not limited to, end of life situation, or life support,ete-.h

(h) "Fund" means the Community Support Fund.

(i) "Fund Operator" means the Economic Support Services Department, or other

department within the Governmental Services Division designated authority over the

operation of the Fund.

ill "Immediate family" 111eans t-ltat-gfB-ltJ'rffii}e-l'SeH-s---wl-1-0---m--ake--ltf'}--a-fam--i-l-y--tlfti+-He1'ffi-atlyEl-e-fi+H¾:l----a-s--a n applicant's husband, wife, eh-i-kk1e-R-,S-1-st:e-l',----mother, father, son, daughter,

brother, 1+1-----l:--aw-s,st~-i-l-y--,-gffifl:Elp-are-Rt-ssister, grandparent, grandchild, aunt, uncle,

niece, nephew, cousin, and gffiR-Ei4--}-k:lreH, and/er a l3e-1'58-n-any of these relations attained

through marriage or legal adoption, as well as a person who has legal responsibility for the

applicant, or a person the applicant has legal responsibility of.

Uk)"Legal guardian" means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(kl)"Legal responsibility" means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(-1-)--m) "Major medical surgery" means a surgical procedure that carries a degree ofrisk to

the patient's life, or the potential for severe disability if something goes wrong during

surgery. It is a surgical procedure that usually requires a patient to be put under general

anesthesia and given respiratory assistance because he or she cannot breathe independently.

(mn) "Nation" means the Oneida Nation.

f1'1(o) "Public health emergency" means the occurrence or imminent threat of an illness or

health condition which:

(1) is a guarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

1 O.C. 125 ---- Page 2

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that creates a significant risk of substantial future harm to a large number

of people.

.(p) "Rule" means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(o) "Tri baFIBe-att&-tRe-C-)tH3-ida-Nat-i-en.

(g) "Trial Court" means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

125.4.

Responsibilities, Eligibility and Qualifications

125 .4-1. Ttte Social Serv-iee-s--Are-a--e=F--tlte--Gffi/€-l'HHteHta-1-Set'V-iws-Dwis+on-shall-he-re--spoH&ih!e

fol'--Of3&at+ortResponsibilities of the Fund,et1i:--:FB-ay-ties+g1-mte-- Operator. The Fund Operator shall

have the following responsibilities in regard to the operation of the Fund--to-~

{a-{fopaft-n1 e1-rt-->vvith-iH--tts--w-ftire-h

(-fr)) Administrative Rulemaking. The opeFators of-tl-te---Fund Operator shall promulgate

rules. for the administration of the Fund tltat--are-£oasi&te11t-,v-ith-th-i&-iaw.---Th-e-ntle-sfwhich:

(1 )-__shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/--per household, except for funeral expenses which

shall be set per event/per person.; and

101

(2)-__may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b)

(b) Communication and Education. The Fund Operator shall ensure that the

Nation's membership is informed of what assistance is available through the Fund, how to

ffi)ply for assistance, and who is eligible for assistance.

125.4-2. Reporting Requirements. The Governmental Services Division Director shall report

107

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

(s)-Tl-"IB-Soel-al--&-1'¥±{,"e-s-AH~-a--Bi'-·e-e-s+g1'100---Sh-all--ensare tl1a-t-4he-N-at.:i:etHHRe-1nbe-F-sl:i.-ip--is

11 0

-iHfoi'ffte--4-of-w-hat-as-s-i-sta-Re&-i-s-a-va-i-l-alrl-e-tlwoHgl,--tlte--F-utrEl,ltow to npp-1 y for as St&t-attee,a+1C4

111

wl-10-¥.rel-ig-i-e-l-e-fef-a&&i-stru+se.

112 • 125.4-2-;}_. Eligibility for assistance provided under the Fund is reserved for enrolled members of

113

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

114

the Nation, provided the requested funds will benefit the member only and the non-member has

115

one (1) of the following relationships to the applicant:

116

(a) Is a parent of the applicant;

117

(b) Is the legal guardian of the applicant; or

118

119

125.4-3:J:. Residency within the state of Wisconsin is not a prerequisite for assistance~ep-t---R:w

reqti-est-s--tef--a--seeH1:'tty-Ek~e-sit:-iH-Heeet'El-anre-wl-tl:i.--se£tien+~ from the Fund.

121

125.4-41. The Fund is a fund oflast resort and provides assistance when there is no other financial

12 2

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

~ 23

resources that can meet the needs of their request. --Proof of requesting assistance from other

124

sources shall be provided with the application.

~ 25

125 .4-S.{i. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

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~ 39

140

1141

142

143

144

147

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149

~ 50

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155

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~ 59

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~ 62

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an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

(d) Life threatening-(he-., including, but not limited to, cancer, AIDS, stroke, and disabling

injuries due to motor vehicle accident,ete-,y,;

(e) - -_Natural disaster-{➔-a-e-., including, but not limited to, tornado, fire, flood,ete.r,,;_

(D Public health emergency; and

(fg)Death in immediate family~-lt+f''-teB-i-A-sec-tten 125.6 -J-0½)._._

125.4-61, Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125 .4-+1i. Except as otherwise provided in section 125 .6-4, all payments shall be provided directly

to the service provider.

125.4-&2_. Assistance available under the Fund is subject to change according to fiscal year funding

levels.

125.4--91Q.

Oneida programs and enterprises are not eligible for these funds.

125.5.

Priorities for Consideration

125 .5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness, or injury~ or emergency event;

(b) Cost-{,._usual and customary feesy,-;

emergency event occurred; and

(d) The Fund's appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize~ and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness,_Q[ injury~ or emergency event. Upon verification of a catastrophic

event, catastrophic illness,..Q!: injury~ or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills-(, including dental, optical, and hospital)~ not covered by insurance;

(f) Mortgage payments and rent payments (including security deposits},~ where no other

resources exist--i-&-aeooru-aBOO-wit-lt-seet-i-et1-f-2-.-5.6-±;

(g) Utility disconnecti ons-i+1-0000FEl-at1ee-with-seet-i-en--l-±:§~;

(h) Inpatient Treatment-(_,_with a limit of once per lifetime1

(i) Fire recovery,l and natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

;;

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(1) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances--as-tlefifl:eE!-in--#ie- rules \Vhie-h-the--Ftttm

BJ)t,'ffit-el'-&!tali-E:ievt"-lep; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members-0t1ts-i:tle

the-state-¥.41 eFe-afl--a-pp-HffiB-t-fe&iaes,it1-a£-C-erdat1se-vA-th--see-tioo-1-2S.6-4.

125.6-2. Security depes-i+Deposh. The Fund shall only provide assistance for a security deposit

when it is tied to or a result of a catastrophic event, catastrophic illness QLinjury~ or emergency

event, on an emergency basis which shall include, but is not limited to, pending eviction and

homelessness. ~,e(,-41:-rity--Eiepesi t--atl-Ststatl(;,'€--is--linti-ted---te--+fi0&i--ffJ-en10effi-'vvoo--are-W-is-e-e1w+n

~82

183

184

189

191

194

~ 95

19 6

19 7

19 8

199

200

201

*02

203

204

205

206

207

211

214

215

~ 16

~ 17

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

E~ee-Hf-ity-El-e-pos-its-aHH1-0-fl-t'fa R-s-feraele-ana-the-a+1::i01:mt-13a-i-El--fur-a-s-e€t1Rt-y-d eJ)GStt-shall

be--trai-d-ba-ek:40--t-B-e--F-und--befe-re-{1t1ot-lte±"-s-eell-f:it-y-depos-it--i-&-:i-s-sttet+-a-t -any--t-i1-ne--i-R-ilie-f1.:1-t-H-f-8--;

(e.(b) Only one (1) request per household shall be considered-;--+ff1:11-tip-le---eettSeeut-i-v-e

fe-Ej-Hests-l-11ay-be--maEle.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. -An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

125.6-4. Funeral ape-nt.'e-STravel Expenses. An applicant may receive assistance with travel

expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral

for immediate family members--eutsiEle---the-s-t-ate-'where-t-he---ap13li-e-ant---resiae-&;-~ Unless the rules

allow for direct payment to the travel provider by the Fund Operator, such assistance is required

to be in the form of reimbursement, provided that mileage assistance shall always be in the form

of reimbursement.

Items not Covered by the Fund

125.7.

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness, or injury~ or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaultst',_finest'.,__Q!:___bank:ruptcy charges;

(f) Expenses not tied to basic needs (:such as cable, internet, memberships, etc-,--},,:_;_

(g) Legal feest',_court costst'Judgments;

(1~0ffIBl-e-ss-led-g-i+l-g--wJS-i-statw-~

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

G) Food and personal care items;

(k) Stabilization rent assistance;

(1) Insurance deductibles;

1 O.C. 125

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228

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2 30

231

(m) Home renovations not related to handicap accessibility; and

On)Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

(a) The catastrophic event, catastrophic illness,_QI injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant's file.

23 2

125.8.

Application Requirements

125. 8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant's needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness, or injury.,_ or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

{4}-Afl--heuseh-eM-iHc-01f!e--#le--la-st-tl1-i11:-y-(-3-0)-l:R➔-&ifH~Sfr-dey-s--tt'Rflted iately -J3fi-ef--te---the

&1:teFH-i-s-&i-efl--eHhe--af}J3l-i€a-t~

fe@) Status of employment which shall include the following as applicable:

( 1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen's compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

G) Approval of assistance or denial of assistance letters from other agencies.

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125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.

result in closing the application file, with no further action taken in regard to that

application.

(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file

being closed.

(e) After the file is closed, the applicant shall start the application process over again in

order to be considered for assistance from the Fund. However, no applicant may re-apply

for the same catastrophic event, catastrophic illness, or injury.,_ or emergency event more

than the limit stated within this law or the Fund's rules.

125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed

#i+Fty-(-3-0forty-five (45) business days of a catastrophic event-el:'-, catastrophic illness;_QI injury,. or

emergency event. Applications made after thlFty-fWforty-five (45) business days shall not be

considered.

125.9.

Decision and Appeal

125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which

an initial decision is required following the submission of a complete application. Such timeline

shall include available extensions for circumstances wherein the applicant has a determination of

award!'..QLcoverage pending with another support/ or assistance resource.

125.9-2. J2r'egPflm-Appeal to the Director A-pp<HtL.afthe Fund Operator. An appeal of the case

manager's decision shall be requested in writing to the -12rogFdtH-[}ire-etefdirector of the Fund

Operator within ten (10) business days after receipt of notice of the initial decision. W-itl+itHeA

(-1-{B--et+siness-Elay&-af-teF-l'oo~i-i.,g-t'i➔&-appe-a+,tl"IB-PfE,gt'a+H--0i-1'e€-t-EH'--The di rector of the Fund

Operator shall provide the applicant with notice of his or her decision on the matter.-- within ten

(10) business days after receiving the appeal.

125.9-3. :riP-e-fl-Af-t1nager--Appffil-:-Appeal to the Governmental Services Division Director. An

appeal of the FfE,gt~H'ootBf-'..&-decision of the director of the Fund Operator shall be requested

in writing to the A:i'&'l-Manage-rGovernmental Services Division Director within ten (10) business

days after receipt of notice of the P-ffigrum Direct&f-'..sdirector of the Fund Operator's decision.

W-ith-it1-te-H--{l--0:}--0usi-ness---aays---a:FteF-reeeiv-rng-the---a-l3:l:,eal,-the-A-1eea--MaHage!The Governmental

Services Division Director shall provide the applicant with notice of his or her decision on the

matter.,- within ten (10) business days after receiving the appeal.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Are-a--Ma-ooge--F---te

the-Oneiaa---Gettrt-ef-A-weals-i-n-acwroanreGovernmental Services Division Director by filing a

complaint with the Rttles--efP.ppe-lkrte-P-ffie-OOHFeTrial Court.

End.

Adopted - BC-505-15-96-A

Amended - BC--l-801-08-97-G

Amended - BC-12-11-13-D

Amended - BC-01-11-17-B

Amended - BC- - - -

1 O.C. 125 - Page 7

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Title 1. Government and Finances - Chapter 125

Kaya?takenhasla tsi? niyukwana·ta~

It is helpful where our community lays

COMMUNITY SUPPORT FUND

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Decision and Appeal

125.1.

Purpose and Policy

125 .1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness

or injury, or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a

catastrophic event, catastrophic illness or injury, or emergency event, when there is no other

assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-_-_125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

125.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

125.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Applicant" means the subject of the application for assistance.

(b) "Business day" means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays of the Nation.

administering Fund benefits.

(d) "Catastrophic event" means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover,

including, but not limited to, a house fire, tornado, flood, or other disaster.

(e) "Catastrophic illness or injury" means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition,

including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly

1 O.C. 125 - Page 1

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therapy resulting from trauma;

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective, including, but not limited to, stroke or terminal

disease; or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition, including, but not limited to, cancer or kidney

disease.

(f) "Emergency event" means a situation that poses an immediate risk to health, life,

safety, property, or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) "Emergency medical travel" means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family, including, but not

limited to, end of life situation or life support.

(h) "Fund" means the Community Support Fund.

(i) "Fund Operator" means the Economic Support Services Department, or other

department within the Governmental Services Division designated authority over the

operation of the Fund.

G) "Immediate family" means an applicant's husband, wife, mother, father, son, daughter,

brother, sister, grandparent, grandchild, aunt, uncle, niyce, nephew, cousin, and any of

these relations attained through marriage or legal adoption, as well as a person who has

legal responsibility for the applicant, or a person the applicant has legal responsibility of.

(k) "Legal guardian" means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(I) "Legal responsibility" means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(m) "Major medical surgery" means a surgical procedure that carries a degree ofrisk to the

patient's life, or the potential for severe disability if something goes wrong during surgety.

It is a surgical procedure that usually requires a patient to be put under general anesthesia

and given respiratory assistance because he or she cannot breathe independently.

(n) "Nation" means the Oneida Nation.

(o) "Public health emergency" means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

ofpeople. ·

(p) "Rule" means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(q) "Trial Court" means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

1 O.C. 125 - Page 2

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of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

125.4.

Responsibilities, Eligibility and Qualifications

125.4-1. Respons;b;t;t;es of the Fund Operator. The Fund Operator shall have the following

responsibilities in regard to the operation of the Fund:

(a) Adm;nistrat;ve Rulemaking. The Fund Operator shall promulgate rules for the

administration of the Fund which:

( 1) shall include the list of categories the Fund covers and a cap that sets the amount

of assistance per event/per household, except for funeral expenses which shall be

set per event/per person; and

(2) may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b) Commun;cation and Educat;on. The Fund Operator shall ensure that the Nation's

membership is informed of what assistance is available through the Fund, how to apply for

assistance, and who is eligible for assistance.

125.4-2. Reporf;ng Requirements. The Governmental Services Division Director shall report

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the

Fund.

125 .4-5. The Fund is a fund of last resort and provides assistance when there is no other financial

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

resources that can meet the needs of their request. Proof ofrequesting assistance from other sources

shall be provided with the application.

125 .4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

(d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling

injuries due to motor vehicle accident;

(e) Natural disaster, including, but not limited to, tornado, fire, flood;

(f) Public health emergency; and

(g) Death in immediate family.

125 .4-7. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly

to the service provider.

125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding

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levels.

125.4-10. Oneida programs and enterprises are not eligible for these funds.

Priorities for Consideration

125.5.

125 .5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event;

(b) Cost, usual and customary fees;

emergency event occurred; and

(d) The Fund's appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

Items Covered by the Fund

125.6.

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event,

catastrophic illness or injury, or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills, including dental, optical, and hospital, not covered by insurance;

(t) Mortgage payments and rent payments including security deposits, where no other

resources exist;

(g) Utility disconnections;

(h) Inpatient Treatment, with a limit of once per lifetime;

(i) Fire recovery and natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(1) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members.

125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it

is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on

an emergency basis which shall include, but is not limited to, pending eviction and homelessness.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Only one (1) request per household shall be considered.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

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125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up

to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate

family members. Unless the rules allow for direct payment to the travel provider by the Fund

Operator, such assistance is required to be in the form of reimbursement, provided that mileage

assistance shall always be in the form of reimbursement.

125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness or injury, or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaults, fines, or bankruptcy charges;

(f) Expenses not tied to basic needs such as cable, internet, memberships, etc.;

(g) Legal fees, court costs, judgments;

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

G) Food and personal care items;

(k) Stabilization rent assistance;

(1) Insurance deductibles;

(m) Home renovations not related to handicap accessibility; and

(n) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

(a) The catastrophic event, catastrophic illness or injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant's file.

125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the appliqant in a timely manner so as to meet the

applicant's needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

1 O.C. 125 -Page 5

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provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness or injury, or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(d) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen's compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

G) Approval of assistance or denial of assistance letters from other agencies.

125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.

result in closing the application file, with no further action taken in regard to that

application.

(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file

being closed.

(e) After the file is closed, the applicant shall start the application process over again in

order to be considered for assistance from the Fund. However, no applicant may re-apply

for the same catastrophic event, catastrophic illness or injury, or emergency event more

than the limit stated within this law or the Fund's rules.

125 .8-5. Applications for assistance shall be made within a reasonable time period, not to exceed

forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency

event. Applications made after forty-five (45) business days shall not be considered.

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125.9.

Decision and Appeal

125.9-1. InWal Decisfon. The Fund Operator shall include in the Fund rules a timeline for which

an initial decision is required following the submission of a complete application. Such timeline

shall include available extensions for circumstances wherein the applicant has a determination of

award or coverage pending with another support or assistance resource.

125.9-2. Appeal to the Director of the Fund Operator. An appeal of the case manager's decision

shall be requested in writing to the director of the Fund Operator within ten (10) business days

after receipt of notice of the initial decision. The director of the Fund Operator shall provide the

applicant with notice of his or her decision on the matter within ten (10) business days after

receiving the appeal.

125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of

the director of the Fund Operator shall be requested in writing to the Governmental Services

Division Director within ten ( 10) business days after receipt of notice of the director of the Fund

Operator's decision. The Governmental Services Division Director shall provide the applicant

with notice of his or her decision on the matter within ten (10) business days after receiving the

appeal.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental

Services Division Director by filing a complaint with the Trial Court.

End.

Adopted - BC-05-15-96-A

Amended - BC-01-08-97-G

Amended - BC-12-11-13-D

Amended - BC-01-11-17-B

Amended - BC--------

1 O.C. 125 - Page 7

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FINANCE ADMINISTRATION

Fiscal Impact Statement

ONEIDA

MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

February 23, 2021

RE:

Fiscal Impact of the Community Support Law

Estimated Fiscal Impact Summary

Law: Boards, Committees, and Commissions Law Amendments

I Draft 2

Implementing Agency

Economic Support Services Department

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

10 days, in compliance with the Legislative Procedures Act

10 Year Estimate

Current Fiscal Year

$2,982,520 - $6,303,780

$298,252- $630,378

II.

Background

A. Legislative History

This law was adopted by the Oneida Business Committee by resolution BC 05-15-96

A and amended by resolutions BC-01-08-97-G, BC-12-1 l-13D, and BC-01-11-17-B.

B. Summary of Content

The amendment to the Community Support Law proposed changes include:

• Providing a definition for Fund Operator;

• Revise the definition of "immediate family" to better reflect Oneida families;

• Include public health emergency as a catastrophic event;

• Clarify the fund may only be used for the waiting period for a Social Security

Disability Determination rent and utility assistance up to a maximum of

twelve (12) months;

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•

III.

Remove the requirement that security deposit assistance only be available to

those members of the Nation who are Wisconsin residents;

Remove the requirement that the amount paid for a security deposit be paid

back to the fund before another security deposit is issued in the future;

Clarify that an applicant must clarify that he or she applied to his or her local

Emergency Assistance Program prior to applying for utility assistance from

the Fund;

Remove the requirement that funeral travel expenses are only provided to

arrange or attend a funeral for immediate family members outside the state

where the applicant resides;

Clarify that lodging assistance due to homelessness or for any other reason not

related to a catastrophic event or emergency event, insurance deductibles, and

home renovations not related to handicap accessibility are not covered by the

Fund;

Remove the requirement that an applicant provide all household income the

last thirty (30) business days;

Expand the time-period for an applicant to submit an application to forty-five

(45) day; and

Adjust the appeal process to align with the Governmental Services Division

process.

Methodology and Assumptions

A "Fiscal Impact Statement" means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Agency

There are 1).0 startup, personnel, office or documentation costs associated with this

legislation. The amendments will become effective 10 days from adoption.

A good mind. A good hear!. A strong fire.

ONEIDA

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101

Financial Impact

The amendments to the law expand upon the services currently provided within the

Community Support Law. The services provided by the Community Support Law are

catastrophic or emergency in nature making it difficult to estimate or use trending to

determine potential future impacts.

The Economic Support Department identified the ten-year historical trending for the

Community Support Law services to range between $137,541 at the low end to $630,376

at the high end. The level of demand in each year is independent of the law and is

dependent on external factors the Nation is unable to control.

Utilizing the historical trending as a basis for a fiscal impact, we can extrapolate the

impact to be at a the low-end an amount greater than $137,541 and at the high-end an

amount greater than $630,376. Utilizing the mid-point of the range, the estimated annual

impact of the law is an amount somewhere between $298,252 and $630,376 per year. The

ten-year impact would be an amount estimated within the range of $2,982,520 and

$6,303,760.

VI.

Recommendation

Finance Department does not make a recommendation regarding course of action in this

matter. Rather, it is the purpose of this report to disclose potential financial impact of this

legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

A good mind. A good hearl. A strong fire.

ONEIDA

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April 2024

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17 18 19 20 21 22 23

24 25 26 27 28 29 30

1 2 3 4 5 6

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MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Feb 26

Mar 1

3:00pm LOC Community

Meeting Prep

(Microsoft Teams

Meeting;

BC_Exec_Conf_Room) Clorissa N. Leeman

1:30pm Investigative

Leave Law

Amendments

(Microsoft Teams

Meeting) - Grace L.

Elliott

1:00pm Oneida Language

Law Work Meeting

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

8:30am LOC Prep

Meeting (Microsoft

9:00am Legislative

Operating Committee

1:30pm LOC Work

Session (Microsoft

5:30pm LOC Community

Meeting (Norbert Hill

8:30am LOC Prep

Meeting (Microsoft

Teams Meeting;

9:00am Legislative

Operating Committee

Meeting (Microsoft

1:30pm LOC Work

Session (Microsoft

LOC

2:00pm Guardianship Law

Review (Microsoft

Teams Meeting) Grace L. Elliott

9:00am Real Property Law

Amendments

(Microsoft Teams

Meeting) - Grace L.

Elliott

10:00am Draft Real

Property law

amendments

(Microsoft Teams

1:30pm LOC Work

Session (Microsoft

Teams Meeting) Clorissa N. Leeman

3/18/2024 8:22 AM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.