# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A32f82683b873e68f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 50 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. I. 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) V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 50 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 I. 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 3 of 50 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. V. 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 4 of 50 Legislative Operating Committee ('$ 'l-..; ~ '?, 'a,IJI11 ~"'~ /Jclnv. \sS Agenda Request Form 1) Request Date: March 20, 2024 2) 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 4~ Please send this form and all supporting materials to: LOC@oneidanation.org or Legislative Operating Committee (LOC) P.O. Box 365 Oneida, WI 54155 Phone 920-869-4376 5 of 50 6 of 50 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. 7 of 50 8 of 50 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. (c) "Case manager" means an employee within the Fund Operator responsible for administering Fund benefits. (d) "Catastrophic event" means a natural or man-made incident, which results in substantial damage or loss requiring major financial resources to repair or recover, including, but not limited to, a house fire, tornado, flood, or other disaster. (e) "Catastrophic illness or injury" means a serious debilitating illness, injury, impairment, or physical or mental condition that involves: (1) In-patient care; (2) A period of continuing treatment due to a chronic serious health condition, including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly therapy resulting from trauma; 1 O.C. 125 - Page 1 9 of 50 (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 10 of 50 125.4. Responsibilities, Eligibility and Qualifications 125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following responsibilities in regard to the operation of the Fund: (a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the administration of the Fund which: (1) shall include the list of categories the Fund covers and a cap that sets the amount of assistance per event/per household, except for funeral expenses which shall be set per event/per person; and (2) may include additional items not listed in section 125.6, as long as the rule does not conflict with any provision of this law. (b) Communication and Education. The Fund Operator shall ensure that the Nation's membership is informed of what assistance is available through the Fund, how to apply for assistance, and who is eligible for assistance. 125.4-2. Reporting Requirements. The Governmental Services Division Director shall report quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the amount of funds paid out under each category of the Fund. 125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of the Nation. Applications may be made by a non-member on the behalf of an enrolled member of the Nation, provided the requested funds will benefit the member only and the non-member has one (1) of the following relationships to the applicant: (a) Is a parent of the applicant; (b) Is the legal guardian of the applicant; or (c) Has legal responsibility for the applicant. 125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the Fund. 125.4-5. The Fund is a fund 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; (c) Major medical surgery; (d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling injuries due to motor vehicle accident; (e) Natural disaster, including, but not limited to, tornado, fire, flood; (f) Public health emergency; and (g) Death in immediate family. 125 .4-7. Assistance may be denied or limited for applicants who have elected not to be covered by employer benefits such as disability or health insurance. 125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly to the service provider. 125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding levels. 1 O.C. 125 - Page 3 11 of 50 125.4-10. Oneida programs and enterprises are not eligible for these funds. 125.5. Priorities for Consideration 125.5-1. The case manager shall determine the level of assistance to be provided based on: (a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event; (b) Cost, usual and customary fees; (c) Amount of time elapsed since the catastrophic event, catastrophic illness or injmy, or emergency event occurred; and (d) The Fund's appropriate promulgated rules. 125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate needs. Priorities are as follows: (a) Life-threatening emergency requests; (b) Emergency medical travel; and (c) Other needs. 125.6. Items Covered by the Fund 125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event, catastrophic illness or injury, or emergency event, the Fund may be used for the following: (a) COBRA Insurance Payments; (b) Prescriptions not available through an Indian Health Services clinic; (c) Medical transportation or emergency medical travel including vehicle repairs; (d) Medical-related equipment, supplies, or furniture; (e) Medical bills, including dental, optical, and hospital, not covered by insurance; (f) Mortgage payments and rent payments including security deposits, where no other resources exist; (g) Utility disconnections; (h) Inpatient Treatment, with a limit-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 12 of 50 125.6-4. 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; (c) Credit card or charge accounts; (d) Commercial loans; (e) Defaults, fines, or bankruptcy charges; (f) Expenses not tied to basic needs such as cable, internet, memberships, etc.; (g) Legal fees, court costs, judgments; (h) Lodging assistance due to homelessness, or for any other reason not related to a catastrophic event or emergency event; (i) Health membership fees; 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 (c) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of the Fund. 125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall provide an explanation of the decision in writing to the applicant with a copy placed in the applicant's file. 125.8. Application Requirements 125.8-1. To be considered for assistance and before receiving assistance the applicant shall complete the full application process. All applicants shall cooperate with the case manager to assist the case manager in comprehensively addressing the needs of the applicant(s). Every application shall contain a space for the applicant to identify a preferred method of contact. This shall be the primary contact method. Case managers shall follow up every contact with written correspondence, in order to make responses to the applicant in a timely manner so as to meet the applicant's needs. 125.8-2. Supporting documentation is required in all cases. The applicant is responsible to 1 O.C. 125 Page 5 13 of 50 provide all documentation requested by the case manager. No assistance may be provided without sufficient documentation of: (a) The catastrophic event, catastrophic illness or injury, or emergency event; (b) Proof that the applicant sought assistance from other agencies with an explanation of benefits received or refusal of assistance by the other agencies; (c) Emollment in the Nation; and (d) Status of employment which shall include the following as applicable: (1) Leave of absence paperwork; (2) Balance of personal and vacation time accumulation; and (3) Disability insurance or workmen's compensation coverage. 125.8-3. Documentation includes, but is not limited to: (a) Medical reports; (b) Bills or statements; (c) Estimates; (d) Letters; (e) Police or fire reports; (f) Obituary or formal notice of death; (g) Check stubs; (h) Pictures or photographs; (i) Applications for assistance from other agencies; and/or 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. (c) Failure to submit the requested information within the thirty (30) business days shall result in closing the application file, with no further action taken in regard to that application. (d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file being closed. (e) After the file is closed, the applicant shall start the application process over again in order to be considered for assistance from the Fund. However, no applicant may re-apply for the same catastrophic event, catastrophic illness or injury, or emergency event more than the limit stated within this law or the Fund's rules. 125. 8-5. Applications for assistance shall be made within a reasonable time period, not to exceed forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency event. Applications made after forty-five (45) business days shall not be considered. I O.C. 125 - Page 6 14 of 50 125.9. 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 15 of 50 16 of 50 68 of 220 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 2. 3. 4. 5. 6. 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. 17 of 50 69 of Pu 11 11 11 • • • 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 18 of 50 Pu Packet Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 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 9 10 11 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 12 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 , 32 33 34 35 36 37 38 39 40 41 42 43 44 45 of220 19 of 50 71 BC Resolution _ _ __ Amendments to the Community Support Fund Law Page 2 of 3 46 47 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 71 72 73 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 74 75 76 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 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 220 20 of 50 Public 72 of BC Resolution----,-Amendments to the Community Support Fund Law Page 3 of 3 101 102 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. 103 104 105 106 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. 107 108 109 110 111 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. 21 of 50 of 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]; Page 1 of 3 A good mind. A good heart. A strong fire. 22 of 50 74 of 220 Public Packet ■ ■ ■ 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 Page 2 of 3 A good mind. A good hear!. A strong fire. ~ ONEIDA 23 of 50 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 fflMXK]O A good mind. A good heart. A strong fire. ONEIDA 24 of 50 220 Packet Analysis to Draft 2 for OBC Consideration 2021 03 10 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." Page 1 of 9 25 of 50 IC Analysis to Draft 2 for OBC Consideration 2021 03 10 What is the Community Support Fund? The Community Support Fund is a resource available to members of the Nation which provides financial assistance when a member of the Nation is experiencing a catastrophic event, catastrophic illness or injury, or emergency event. Examples of a catastrophic event, catastrophic illness or injury, or emergency event include: -Death in the immediate family -Fire -Tornado -Major medical surgery -Cancer -Flood -Injury from motor vehicle accidents -Stroke -Public Health Emergency Assistance from the Community Support Fund is only available when there is no other financial assistance available, or all other assistance has been exhausted. The Community Support Fund is funded through tribal contribution and has a budget of approximately $350,000. The Community Support Fund can be used to assist with the following types of expenses: -Rent or mortgage -Utility payments -Medical travel -Funeral travel -Prescription reimbursement -Medical bills -Dental related expenses -Optical related expenses -Inpatient treatment -Security deposits -Automobile repairs for medical travel -Utility disconnections ~Family Medical Leave Act -Temporary shelter due to natural -Furnace & water heater wage replacement disaster repair and replacement -Medical related equipment, -Shelter during a Social Security -COBRA insurance supplies, or furniture Disability Determination payments The Community Support Fund Law Rule Handbook: provides more information on how a member of the Nation may qualify for each category of assistance of the Community Support Fund and the maximum amount of assistance provided for each category of assistance. The Community Support Fund Law Rule Handbook: can be found online in the Oneida Code of Laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 2. LEGISLATIVE DEVELOPMENT 14 15 16 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: Page 2 of9 26 of 50 Public 78 of Analysis to Draft 2 for OBC Consideration 2021 03 10 17 18 19 20 ■ Economic Support Services Department. B. The following laws were reviewed in the drafting of this analysis: ■ Administrative Rulemaking law; and ■ Rules of Appellate Procedure. 21 21. SECTION 4. PROCESS 23 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. ■ October 21, 2020: Work meeting with LOC. ■ October 29, 2020: Work meeting with LOC and Economic Support Services Department. ■ December 2, 2020: Work meeting with LOC. ■ January 20, 2021: Work meeting with LOC. C. COVID-19 Pandemic's Effect on the Legislative Process. The world is currently facing a pandemic of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts including effects on the stock market and the closing of all non-essential businesses. A public meeting for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the submission of written comments will still be permitted. ■ Declaration of a Public Health State 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Page 3 of 9 27 of 50 Analysis to Draft 2 for OBC Consideration 2021 03 10 61 62 63 64 65 66 67 68 69 70 ■ 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 ■ 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 Page 4 of 9 28 of 50 Public Packet 80 of 220 Analysis to Draft 2 for OBC Consideration 2021 03 10 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 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. Page 5 of 9 29 of 50 81 Analysis to Draft 2 for OBC Consideration 2021 03 10 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 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 Page 6 of 9 30 of 50 Packet 82 of 220 Analysis to Draft 2 for OBC Consideration 2021 03 10 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 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)}. Page 7 of 9 31 of 50 Pu Analysis to Draft 2 for OBC Consideration 2021 03 10 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 • 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 0 7 5 30 1 1 47 155 10 9 5 19 88 27 82 Page 8 of 9 88 0 3 6 6 0 2 25 68 2 2 2 9 63 25 31 11 14 133 1 6 0 11 0 3 20 18 16 3 0 9 18 4 18 $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 32 of 50 Public of220 Analysis to Draft 2 for OBC Consideration 2021 03 10 I I I I FMLA Wage Replacement 21 15 5 $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 Page 9 of 9 33 of 50 Draft 2 for OBC Consideration (Redline to Current) 2021 03 10 Title 1. Government and Finances - Chapter 125 COMMUNITY SUPPORT FUND Kaya?takenhasla tsi? niyukwana·ta~ It is helpful 12S+.--PHFt}ltSe-iltll-ic7 where our community lays -l--2.5cf>,--Hems-(;;-Hvernvvith-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 00 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 02 not conflict with any provision of this law. 03 (b) (b) Communication and Education. The Fund Operator shall ensure that the 04 Nation's membership is informed of what assistance is available through the Fund, how to 05 ffi)ply for assistance, and who is eligible for assistance. 06 125.4-2. 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 08 amount of funds paid out under each category of the Fund. 09 (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 (c) Has legal responsibility for the applicant. 119 125.4-3:J:. Residency within the state of Wisconsin is not a prerequisite for assistance~ep-t---R:w 20 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 1 O.C. 125 -Page 3 36 of 50 Public Packet 88 of 220 Draft 2 (Redline to Current) 2021 02 03 12 6 12 7 12 8 12 9 30 131 32 33 34 35 13 6 ~ 37 13 8 ~ 39 140 1141 142 143 144 45 46 147 14 8 149 ~ 50 151 15 2 15 3 154 155 15 6 15 7 ~ 58 ~ 59 160 161 ~ 62 163 64 65 66 67 68 69 170 171 an applicant for assistance: (a) Terminally ill; (b) Physically challenged or incapacitated; (c) Major medical surgery; (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,-; (c) Amount of time elapsed since the catastrophic event, catastrophic illness, or injury~ or emergency event occurred; and (d) The Fund's appropriate promulgated rules. 125.5-2. The case manager shall assess each individual case, prioritize~ and assist with immediate needs. Priorities are as follows: (a) Life-threatening emergency requests; (b) Emergency medical travel; and (c) Other needs. 125.6. Items Covered by the Fund 125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event, catastrophic illness,_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; (c) Medical transportation,l or emergency medical travel including vehicle repairs; (d) Medical-related equipment, supplies, or furniture; (e) Medical bills-(, including dental, optical, and hospital)~ not covered by insurance; (f) Mortgage payments and rent payments (including security deposits},~ where no other resources exist--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; 1 ;; 1 O.C. 125 Page 4 37 of 50 89 blic Draft 2 (Redline to Current) 20210203 72 73 74 75 76 77 78 79 180 181 I (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 85 86 87 88 189 90 191 92 93 194 ~ 95 19 6 19 7 19 8 199 200 201 *02 203 204 205 206 207 08 09 10 211 12 13 214 215 ~ 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 0 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; (c) Credit card or charge accounts; (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 Page 5 38 of 50 Pu Packet 90 of 220 Draft 2 (Redline to Current) 20210203 ~ 18 ~ 19 220 2 21 ?22 223 224 2 25 226 227 228 229 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 (c) The applicant or others in the household benefiting from assistance from the Fund are non-compliant with the requirements of the Fund. 125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall provide an explanation of the decision in writing to the applicant with a copy placed in the applicant's file. 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; (c) Enrollment in the Nation; and {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; (c) Estimates; (d) Letters; (e) Police or fire reports; (f) Obituary or formal notice of death; (g) Check stubs; (h) Pictures or photographs; (i) Applications for assistance from other agencies; and/or G) Approval of assistance or denial of assistance letters from other agencies. 233 234 235 23 6 23 7 23 8 239 240 241 242 ?43 244 245 46 47 48 49 2 50 2 51 25 2 253 254 25 5 256 257 258 259 2 60 2 61 26 2 263 1 1 O.C. 125 - Page 6 39 of 50 91 of Draft 2 (Redline to Current) 20210203 264 265 266 267 268 269 270 271 272 273 274 275 ?76 277 278 ?79 tao 281 282 283 284 285 286 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 304 305 I I 125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty (30) business days. (a) The case manager shall request additional information be provided when an application contains insufficient information to make an informed decision. (b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information. (c) Failure to submit the requested information within the thirty (30) business days shall result in closing the application file, with no further action taken in regard to that application. (d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file being closed. (e) After the file is closed, the applicant shall start the application process over again in order to be considered for assistance from the Fund. However, no applicant may re-apply for the same catastrophic event, catastrophic illness, or injury.,_ or emergency event more than the limit stated within this law or the Fund's rules. 125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed #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