Oneida Business Committee (2021)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Virtual Meeting held through Microsoft Teams
February 17, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be held virtually through Microsoft Teams in
accordance with the Legislative Operating Committee’s Virtual Meeting Standard Operating Procedure.
A recording of the meeting will be made available on the Nation’s website.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. February 3, 2021 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (pg. 4)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. Legislative Operating Committee FY21 First Quarter Report (pg. 26)
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
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
February 3, 2021
9:00 a.m.
Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King
Others Present: Clorissa N. Santiago, Aliskwet Ellis, Kristal Hill
I.
Call to Order and Approval of the Agenda
David Jordan called the February 3, 2021, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Daniel Guzman King to adopt the agenda; seconded by Marie Summers. Motion
carried unanimously.
II.
Minutes to be Approved
1. January 20, 2021 LOC Meeting Minutes
Motion by Marie Summers to approve the January 20, 2021 LOC meeting minutes and
forward to the Business Committee for consideration; seconded by Daniel Guzman King.
Motion carried unanimously.
III.
Current Business
1. Community Support Fund Law Amendments
Motion by Jennifer Webster to accept the updated public comment review memorandum,
draft law and legislative analysis; seconded by Marie Summers. Motion carried
unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by February 17, 2021; seconded by Marie Summers. Motion
carried unanimously.
2. Emergency Management and Homeland Security Law Amendments
Motion by Jennifer Webster to accept the updated public comment review memorandum
and legislative analysis; seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Jennifer Webster to revise the definition for “Director” found in section 302.31(e) to change “Emergency Management and Homeland Security Agency” to “Emergency
Management Department;” seconded by Daniel Guzman King. Motion carried
unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by February 17, 2021; seconded by Marie Summers. Motion
carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of February 3, 2021
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3. Oneida General Welfare Law Emergency Amendments
Motion by Jennifer Webster to approve the Oneida General Welfare law emergency
adoption packet and forward to the Oneida Business Committee for consideration;
seconded by Marie Summers. Motion carried unanimously.
IV.
New Submissions
1. Audit Committee Bylaws Amendments
Motion by Jennifer Webster to add the Audit Committee bylaws to the Active Files List
with David Jordan as the sponsor; seconded by Daniel Guzman King. Motion carried
unanimously
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Marie Summers to adjourn at 9:18 a.m.; seconded by Daniel Guzman King.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of February 3, 2021
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
February 17, 2021
Oneida Higher Education Pandemic
Relief Fund Law
Emergency Amendments
Submission Date: 8/5/20
LOC Sponsor: Marie Summers
Public Meeting: N/A
Emergency Enacted: 8/24/20
Summary: This item was carried over from last term. As a result of the COVID-19 pandemic,
emergency adoption of an Oneida Higher Education Pandemic Relief Fund law was sought to create a
law that creates an Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members
enrolled as students in higher education institutions with funding from the Coronavirus Aid, Relief, and
Economic Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher education
needs of its students during the COVID-19 Public Health Emergency. The Oneida Higher Education
Pandemic Relief Fund law was adopted by the Oneida Business Committee on an emergency basis through
the adoption of resolution BC-08-12-20-E. Emergency adoption of this Law was set to expire on February
12, 2021. Emergency amendments to this Law were sought to clarify the intent of the Law and ensure
proper effectuation of the Law. The Oneida Business Committee adopted emergency amendments to this
Law through the adoption of resolution BC-08-24-20-A. The emergency amendments to this Law will
expire on February 24, 2021.
9/23/20 OBC: Motion by Brandon Stevens to enter the e-poll results into the record regarding adopted
resolution #BC-08-25-20-A Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law, seconded by Lisa Liggins. Motion carried.
10/7/20 LOC: Motion by Jennifer Webster to add the Oneida Higher Education Pandemic Relief Fund Law
Amendments to the Active Files List with Marie Summers as the sponsor; seconded by Kirby
Metoxen. Motion carried unanimously.
1/14/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Lawrence Barton, Rae Skenandore, Carl Artman,
Susan House, Kristal Hill, James Petitjean. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to discuss the Oneida General Welfare law, the
Oneida Higher Education Pandemic Relief Fund law, the Pandemic Relief Assistance law,
and the FY21 Budget Directive found in resolution BC-11-24-20-F and determine a plan for
meeting these directives and addressing these items on a permanent basis.
1/28/21:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to review the proposed
emergency amendments to the Law and discuss a plan for moving this item forward.
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Next Steps:
Approve the Oneida Higher Education Pandemic Relief Fund law emergency adoption packet
and forward to the Oneida Business Committee for consideration.
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ONEIDA
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
February 24, 2021
Additional Emergency Amendments to the Oneida Higher Education Pandemic
Relief Fund Law
Please find the following attached backup documentation for your consideration of the emergency
amendments to the Oneida Higher Education Pandemic Relief Fund law:
1. Resolution: Additional Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law
2. Statement of Effect: Additional Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law
3. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments Legislative
Analysis
4. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Redline)
5. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Clean)
Overview
The Oneida Higher Education Pandemic Relief Fund law (the “Law”) was adopted by the Oneida
Business Committee on an emergency basis through resolution BC-08-12-20-E to create the
Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members enrolled as
students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. The Oneida
Higher Education Pandemic Relief Fund law was then amended by the Oneida Business
Committee on an emergency basis through the adoption of resolution BC-08-24-20-A. The
emergency amendments to the Law will expire on February 25, 2021.
When discussing the potential six (6) month extension of the emergency amendments to this Law
the Legislative Operating Committee determined it was necessary to seek additional emergency
amendments to the Law to make revisions which will allow the Oneida Higher Education
Pandemic Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief,
and Economic Security (CARES) Act Coronavirus Relief Funds are received by the Nation. The
emergency amendments to the Law will:
Remove references to the 2020 Fall Term [10 O.C. 1003.1-1]; and
Eliminate references to the December 15, 2020 deadline to provide proof of expenditures
and instead provide that proof of expenditures or expenses must be provided by the
appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund
standard operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].
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In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with
the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a
“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public
Health State of Emergency for the Nation until April 12, 2020, and provided the necessary
authority should action need to be taken and allowed the Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This
declaration of a Public Health State of Emergency has since been extended by the Oneida Business
Committee until March 13, 2021, through the adoption of resolutions BC-03-28-20-A, BC-05-0620-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.
The Oneida Business Committee is delegated the authority to temporarily enact emergency
legislation when legislation is necessary for the immediate preservation of the public health, safety,
or general welfare of the Reservation population, and the amendment of the legislation is required
sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal
impact statement and public meeting are not required for emergency amendments to a law of the
Nation. [1 O.C. 109.9-5(a)].
The adoption of emergency amendments to this Law is necessary for the preservation of the
general welfare of the Reservation population. The Oneida Higher Education Pandemic Relief
Fund was created to assist eligible Tribal members enrolled as students in higher education
institutions with funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Coronavirus Relief Funds (CRF) in order to meet the higher education needs of its students during
the COVID-19 Public Health Emergency. The emergency amendments to the Law are necessary
to allow the Oneida Higher Education Pandemic Relief Fund to continue to be utilized in the event
additional CRF are received by the Nation. The proposed emergency amendments to the Law
remove references to the 2020 Fall Term and eliminate the December 15, 2020, deadline for
providing proof of expenditures, instead providing that proof of expenditures shall be provided by
the appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund
standard operating procedure in an effort to provide more flexibility if funding for the Fund
becomes available again.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendments to this Law would be contrary to public interest. The Nation is
currently experiencing the vast effects of the COVID-19 pandemic, and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law
can be amended to best assist members of the Nation during this COVID-19 pandemic.
The emergency amendments to this Law will become effective immediately upon adoption by the
Oneida Business Committee and will remain in effect for six (6) months. There will be one (1)
opportunity to extend the emergency amendments to this Law for an additional six (6) month
period. [1 O.C. 109.9-5(b)].
Requested Action
Approve the Resolution: Additional Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law
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ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law
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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 Oneida Business Committee adopted the Oneida Higher Education Pandemic Relief
Fund law (“the Law’) on an emergency basis through the adoption of resolution BC-08-1220-E, and then amended the Law on an emergency basis through the adoption of
resolution BC-08-25-20-A; and
WHEREAS,
the purpose of the Law is to create the Oneida Higher Education Pandemic Relief Fund to
assist eligible Tribal members enrolled as students in higher education institutions with
funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus
Relief Funds (CRF) in order to meet the higher education needs of its students during the
COVID-19 Public Health Emergency; 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, and set into place the necessary authority for action to be
taken and allows the Nation to seek reimbursement of emergency management actions
that may result in unexpected expenses; and
WHEREAS,
the Nation’s Public Health State of Emergency has since been extended by the Oneida
Business Committee until March 13, 2021, through the adoption of resolutions BC-03-2820-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-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A;
and
WHEREAS,
emergency amendments to the Law are being proposed to allow the Oneida Higher
Education Pandemic Relief Fund to continue to be utilized in the event additional CARES
CRF are received by the Nation; and
WHEREAS,
the emergency amendments to the Law remove any reference to the 2020 Fall Term; and
WHEREAS,
the emergency amendments to the Law eliminate references to the December 15, 2020
deadline to provide proof of expenditures and instead provide that proof of expenditures or
expenses must be provided by the appropriate deadline provided for in the Oneida Higher
Education Pandemic Relief Fund standard operating procedure; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to amend
legislation on an emergency basis when the legislation is necessary for the immediate
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BC Resolution _____________
Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law
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preservation of the public health, safety, or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
the emergency amendments to this Law are necessary for the preservation of the general
welfare of the Reservation population as the emergency amendments ensure that the
Oneida Higher Education Pandemic Relief Fund may be utilized if additional CARES CRF
are received by the Nation by providing more flexibility for the deadline for when proof of
expenditures and expenses shall be submitted by the student; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of the
amendments to this Law would be contrary to public interest since the Nation is currently
experiencing the vast effects of the COVID-19 pandemic, and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that
the Law can be amended to best assist members of the Nation during this COVID-19
pandemic; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering the adoption of emergency amendments; and
WHEREAS,
the emergency amendments are effective for a period of six (6) months, renewable by the
Oneida Business Committee for an additional six (6) month term; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendments to the Oneida Higher Education Pandemic Relief Fund law effective immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Statement of Effect
Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law
Summary
This resolution adopts additional emergency amendments to the Oneida Higher Education
Pandemic Relief Fund law to make revisions which will allow the Oneida Higher Education
Pandemic Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief,
and Economic Security (CARES) Act Coronavirus Relief Funds are received by the Nation.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: February 11, 2021
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Oneida Higher Education Pandemic Relief
Fund law (“the Law”). The purpose of the Law is to create the Oneida Higher Education Pandemic
Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions.
[10 O.C. 1003.1-1]. Emergency amendments to the Law are being sought to make revisions which
will allow the Oneida Higher Education Pandemic Relief Fund to continue to be utilized in the
event additional Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus
Relief Funds are received by the Nation. The emergency amendments to the Oneida Higher
Education Pandemic Relief Fund law shall:
Remove references to the 2020 Fall Term [10 O.C. 1003.1-1]; and
Eliminate references to the December 15, 2020 deadline to provide proof of expenditures
and instead provide that proof of expenditures or expenses must be provided by the
appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund
standard operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].
The Legislative Procedures Act (“the LPA”) 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 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action to adopt
amendments to a law of the Nation where it is necessary for the immediate preservation of the
public health, safety or general welfare of the Reservation population and when amendment of
legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public
meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b)
and 109.9-5(a)].
In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with
the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a
“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public
Health State of Emergency for the Nation until April 12, 2020, and provided the necessary
authority should action need to be taken and allowed the Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This
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declaration of a Public Health State of Emergency has since been extended by the Oneida Business
Committee until March 13, 2021, through the adoption of resolutions BC-03-28-20-A, BC-05-0620-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the
Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health
emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the
Nation’s laws, policies, procedures, regulations, or standard operating procedures during the
emergency period which will be of immediate impact for the purposes of protecting the health,
safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.
[3 O.C. 302.10-3].
The resolution provides that the adoption of emergency amendments to this Law is necessary for
the preservation of the general welfare of the Reservation population. The Oneida Higher
Education Pandemic Relief Fund was created to assist eligible Tribal members enrolled as students
in higher education institutions with funding from the Coronavirus Aid, Relief, and Economic
Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher education
needs of its students during the COVID-19 Public Health Emergency. The emergency amendments
to the Law are necessary to allow the Oneida Higher Education Pandemic Relief Fund to continue
to be utilized in the event additional CRF are received by the Nation. The proposed emergency
amendments to the Law remove references to the 2020 Fall Term and eliminate the December 15,
2020, deadline for providing proof of expenditures, instead providing that proof of expenditures
shall be provided by the appropriate deadline provided for in the Oneida Higher Education
Pandemic Relief Fund standard operating procedure in an effort to provide more flexibility if
funding for the Fund becomes available again.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendments to this Law would be contrary to public interest. The Nation is
currently experiencing the vast effects of the COVID-19 pandemic, and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law
can be amended to best assist members of the Nation during this COVID-19 pandemic.
The emergency amendments to this Law will become effective immediately upon adoption by the
Oneida Business Committee and remain in effect for six (6) months. The LPA allows for one (1)
opportunity to extend the emergency amendments to this Law for an additional six (6) month
period. [1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Emergency Draft 1
2020 02 24
EMERGENCY AMENDMENTS TO THE
ONEIDA HIGHER EDUCATION
PANDEMIC RELIEF FUND LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Remove references to the 2020 Fall Term [10 O.C. 1003.1-1].
Proposed Amendments
Eliminate references to the December 15, 2020 deadline to provide proof
of expenditures and instead provide that proof of expenditures or
expenses must be provided by the appropriate deadline provided for in
the Oneida Higher Education Pandemic Relief Fund standard operating
procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].
Purpose
Create the Oneida Higher Education Pandemic Relief Fund to assist eligible
Tribal members enrolled as students in higher education institutions. [10 O.C.
1003.1-1].
Affected Entities
Oneida Business Committee, Oneida Higher Education Department, Oneida
Accounting Department, Oneida Economic Services
Public Meeting
A public meeting is not required for emergency amendments [1 O.C. 109.81(b) and 109.9-5(a)].
Fiscal Impact
A fiscal impact statement is not required for emergency amendments [1
O.C. 109.9-5(a)].
Expiration of Emergency Emergency amendments expire six (6) months after adoption and may be
Amendments
renewed for an additional six (6) month period.
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Higher Education Pandemic Relief Fund law (“the Law”) was adopted by
the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-E for the
purpose of creating the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal
members enrolled as students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.11]. The Oneida Business Committee then adopted emergency amendments to the Law through
resolution BC-08-25-20-A for the purpose of clarifying the intent of the Law and ensuring proper
effectuation of the Law. The emergency amendments to the Law will expire on February 25, 2021.
B. Request for Emergency Amendments. Originally, the Legislative Operating Committee planned to
seek a six (6) month extension of the emergency amendments to the Law which occurred through
resolution BC-08-25-20-A. The Legislative Operating Committee is now seeking emergency
amendments to the Law to make revisions which will allow the Oneida Higher Education Pandemic
Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief, and Economic
Security (CARES) Act Coronavirus Relief Funds are received by the Nation.
C. COVID-19 Pandemic. 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 COVID-19 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.
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Analysis to Emergency Draft 1
2020 02 24
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Declaration of a Public Health State of Emergency.
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding COVID-19 which declared the Public Health State of Emergency
for the Nation until April 12, 2020, and set into place the necessary authority should action
need to be taken and allowed 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 of resolutions 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-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.
COVID-19 Core Decision Making Team.
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to
the Emergency Management and Homeland Security law to create and delegate authority
to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10].
When a public health emergency has been declared, the COVID-19 Team has the
authority to declare exceptions to the Nation’s laws, policies, procedures,
regulations, or standard operating procedures during the emergency period which
will be of immediate impact for the purposes of protecting the health, safety, and
general welfare of the Nation’s community, members, and employees. [3 O.C.
302.10-2].
These declarations remain in effect for the duration of the Public Health State of
Emergency. [3 O.C. 302.10-3].
COVID-19 Core Decision Making Team Declarations: Safer at Home.
On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This
declaration prohibited all public gatherings of any number of people.
On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under certain
safer business practices, and social distancing should be practiced by all persons.
On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions of the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance and some restrictions. This
declaration prohibits all public and private gatherings of more than twenty (20) people that
are not part of a single household or living unit.
On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”
which sets minimum standards for the safe re-opening of a building or recall of employees
to work.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
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Analysis to Emergency Draft 1
2020 02 24
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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.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
emergency amendments to this Law and legislative analysis:
Oneida Law Office;
Finance Department;
Strategic Planner;
Budget Analyst; and
Governmental Services Division.
B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare Law;
Trust Scholarship Fund Policy; and
Legislative Procedures Act.
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SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact emergency legislation where legislation is necessary for the immediate preservation
of public health, safety, or general welfare of the Reservation population and the enactment or
amendment of the legislation is required sooner than would be possible under the Legislative
Procedures Act. [1 O.C. 109.9-5].
Emergency amendments to this Law are being pursued for the preservation of the general welfare
of the Reservation population. The Oneida Higher Education Pandemic Relief Fund was created to
assist eligible Tribal members enrolled as students in higher education institutions with funding
from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus Relief Funds
(CRF) in order to meet the higher education needs of its students during the COVID-19 Public
Health Emergency. The emergency amendments to the Law are necessary to allow the Oneida
Higher Education Pandemic Relief Fund to continue to be utilized in the event additional CRF are
received by the Nation. The proposed emergency amendments to the Law remove references to the
2020 Fall Term and eliminate the December 15, 2020, deadline for providing proof of expenditures,
instead providing that proof of expenditures shall be provided by the appropriate deadline provided
for in the Oneida Higher Education Pandemic Relief Fund standard operating procedure in an effort
to provide more flexibility if funding for the Fund becomes available again.
Observance of the requirements under the Legislative Procedures Act for the adoption of the
emergency amendments to this Law would be contrary to public interest. The Nation is currently
experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the
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Legislative Procedures Act cannot be completed in time to ensure that the Law can be amended to
best assist members of the Nation during this COVID-19 pandemic.
B. Emergency amendments typically expires six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering the adoption of emergency amendments. [1 O.C. 109.9-5(a)]. However, a public meeting
and fiscal impact statement will eventually be required when considering permanent adoption of the
emergency amendments to this Law.
D. The following work meetings were held regarding the development of the emergency amendments to
this Law:
January 14, 2021: LOC work meeting with the Oneida Law Office, Finance Department, Strategic
Planner, Budget Analyst, and Governmental Services Division.
January 28, 2021: LOC work meeting.
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SECTION 5. CONTENTS OF THE LEGISLATION
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A. Removal of Reference to 2020 Fall Term. The proposed emergency amendments to the Law remove
the reference to the 2020 Fall Term from the purpose statement which provides that the purpose of this
Law is to create the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members
enrolled as students in higher education institutions. [10 O.C. 1003.1-1].
Effect. The reference to the 2020 Fall Term was removed from the Law because the 2020 Fall
Term has already concluded and if additional CARES Act Coronavirus Relief Funds (CRF) are
made available and allocated to the Oneida Higher Education Pandemic Relief Fund then those
monies would be used to provide assistance for a different term.
B. Guidelines and Requirements. The emergency amendments to the Law provide that students shall be
responsible for maintaining and submitting receipts or other proof of expenditures or expenses by the
appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund standard
operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)]. Previously, the Law required that proof of
expenditures or receipts be submitted by December 15, 2020. Id.
Effect. The emergency amendments to the Law allow proof of expenses to be submitted by the
student by the appropriate deadline provided for in the Oneida Higher Education Pandemic Relief
Fund standard operating procedure, instead of the December 15, 2020, deadline previously
provided by the Law. This is a necessary revision due to the fact that December 15, 2020, deadline
has already passed. Therefore, if additional CARES Act Coronavirus Relief Funds (CRF) are made
available and allocated to the Oneida Higher Education Pandemic Relief Fund then an appropriate
deadline would need to be determined and provided for in the Oneida Higher Education Pandemic
Relief Fund standard operating procedure.
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare law was adopted by the Oneida
Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose
of providing assistance, on a non-taxable basis, to eligible Tribal members through approved
programs that promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. The
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Oneida Business Committee then adopted emergency amendments to the Oneida General
Welfare law through resolution BC-02-10-21-B to better address how the Oneida Business
Committee may adopt an approved program under the law. The Oneida General Welfare law
sets a framework and provides guidelines for the Nation to establish and operate approved
programs which provide assistance to eligible Tribal members to promote the general welfare
of the Nation, including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship,
and employment. [10 O.C. 1001.9-2].
The Oneida General Welfare law sets forth the framework and guidelines for the
Oneida Higher Education Pandemic Relief Fund to be created and operated under.
Adoption of the emergency amendments to this Law conform with the requirements of
the Oneida General Welfare law.
Trust Scholarship Fund Policy. The Trust Scholarship Fund Policy was adopted by the Oneida
Business Committee for the purpose of establishing a trust resource for providing financial aid
scholarships to assist eligible enrolled Oneida Tribal members in securing higher educational
opportunities based on established criteria. [9 O.C. 901.1-1].
This Law provides that the Oneida Higher Education Pandemic Relief Fund is a unique
program not associated with the Oneida Trust Scholarship Fund and this Law does not
amend or override the Trust Scholarship Fund Policy. [10 O.C. 1003.1-5].
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council for the purpose of providing a standard process for the adoption of laws of the Nation
which includes taking into account comments from members of the Nation and input from
agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
amendments when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency amendments are required to have a legislative
analysis completed and attached prior to being sent to the Oneida Business
Committee for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency amendments do not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
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Upon the determination that an emergency exists, the Oneida Business
Committee can adopt emergency amendments. The emergency amendments
become effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency amendments remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of the emergency amendments to this Law would conform with the
requirements of the Legislative Procedures Act.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire
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six (6) months after adoption. The emergency amendments may be renewed for an additional six (6)
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month period.
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Conclusion: The Legislative Operating Committee will need to consider the development and
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adoption of the emergency amendments to this Law on a permanent basis within the next six (6) to
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twelve (12) months.
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation [1 O.C. 109.6-1].
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Title 10. General Welfare Exclusion - Chapter 1003
ONEIDA HIGHER EDUCATION PANDEMIC RELIEF FUND
1003.1. Purpose and Policy
1003.2. Adoption, Amendment, Repeal
1003.3. Definitions
1003.4. Guidelines and Requirements
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1003.5. Presumption of Need; General Test for General Welfare
Exclusion
1003.6. Budget
1003.1. Purpose and Policy
1003.1-1. Purpose. The purpose of this law is to create the Oneida Higher Education Pandemic
Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions
for the 2020 Fall Term.
1003.1-2. The Oneida Higher Education Pandemic Relief Fund shall assist students to meet the
needs created by the Public Health Emergency which caused grants, scholarships, and loans to be
forsaken by the granting institutions or banks during the novel coronavirus pandemic, and personal
and family funds redirected to other needs during the ongoing Public Health Emergency, including
medical expenses and losses due to unemployment within the family.
1003.1-3. Policy. It is the policy of the Nation to prioritize the education of its members young
and old. The Nation provides a path and a platform for its Tribal members to excel in their
education from Head Start through college and post-graduate studies. The Nation’s future business
and government leaders, caregivers, nourishers, managers, thought leaders, and teachers shall be
better prepared to lead and navigate the local challenges in a global economy when they participate
in the academics and accreditation that permits access to areas our Nation requires to remain viable
and vital over the next seven generations.
1003.1-4. The Oneida Higher Education Pandemic Relief Fund shall be funded only through
monies allocated to the Nation pursuant to the Coronavirus Aid, Relief, and Economic Security
(CARES) Act Coronavirus Relief Funds (CRF), codified at Section 601(d) of the Social Security
Act, for the purpose of addressing their higher education needs created by the Public Health
Emergency in the wake of the COVID-19 pandemic.
1003.1-5. The Oneida Higher Education Pandemic Relief Fund is a unique program not associated
with the Oneida Trust Scholarship Fund and this law does not amend or override the Trust
Scholarship Fund Policy at 9 O.C. 901 et seq.
1003.1-6. The Oneida Business Committee intends the Oneida Higher Education Pandemic Relief
Fund to adhere to the mandates of the Oneida General Welfare law, 10 O.C. 1001, the Tribal
General Welfare Exclusion Act codified at 26 U.S.C. §139E, I.R.S Rev. Proc. 2014-35, the general
criterial defined therein at 5.01(1), and the Safe Harbor – Education Programs listed and defined
therein at 5.01(2)(b), and CRF.
1003.2. Adoption, Amendment, Repeal
1003.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-08-12-20-E, and emergency amended by resolutions BC-08-25-20-A. and BC-____-__-__.
1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1003.2-3. 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.
1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,
10 O.C. 1003 – Page 1
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the provisions of this law shall control.
1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1003.3. Definitions
1003.3-1. 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) “Accredited” means qualified and approved by a United States Department of
Education recognized accrediting body, state-approved accrediting body, or recognized
through a professional affiliation.
(b) “Benefits” means any approved program assistance, including payments, which is
provided pursuant to this law.
(c) "Classroom requirement" means books, subscriptions, access to internet-based
programs, or any items required by the higher education institution, professor, or teacher
of the course in which the student is enrolled.
(d) “General Test” means the criteria used to determine if any assistance or benefits
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(1) Paid on behalf of the Nation;
(2) Pursuant to an approved program;
(3) Does not discriminate in favor of members of the governing body of the Nation;
(4) Are available to any Tribal member who meets the guidelines of the approved
program;
(5) Are for the promotion of general welfare;
(6) Are not lavish or extravagant;
(7) Are not compensation for services; and
(8) Are not per capita payments.
(e) "Higher education institution" means an accredited university, college, vocational
college, community college, liberal arts college, postgraduate school, institute of
technology or other collegiate level institution.
(f) “Higher Education Pandemic Relief Counselor” means the person hired and assigned
by the Oneida Higher Education Division to assist Oneida Economic Support Services in
the review and processing of the Oneida Higher Education Pandemic Relief Fund.
(g) “Nation” means the Oneida Nation.
(h) “Public Health Emergency” means the economic, governmental, and medical crises
caused by COVID-19 and the novel coronavirus pandemic.
(i) “Room and board” means on or off campus housing, transportation, and food
requirements adjusted to meet the unique lodging and food provision requirements or
governmental mandates during the Public Health Emergency.
(j) “Student” means a Tribal member, age eighteen (18) and older, enrolled in a higher
education institution during the operative period of this law.
(k) “Technology requirements” means computers, internet access fees, VPN subscriptions,
computer-based or cloud-based subscriptions required to function within a contemporary
academic setting such as Office 365, Adobe-based programs, other required licenses, and
electric or telecommunications costs.
(l) “Tuition” means the price or payment for instruction at a higher education institution.
(m) "Tribal member" means an individual who is an enrolled member of the Nation.
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1003.4. Guidelines and Requirements
1003.4-1. The Oneida Higher Education Pandemic Relief Fund is established to meet the higher
education needs of its students during the COVID-19 Public Health Emergency.
1003.4-2. The Oneida Higher Education Pandemic Relief Fund shall provide students:
(a) Up to twenty thousand dollars ($20,000) towards tuition, room and board, technology
requirements, and classroom requirements assistance.
(b) Tuition shall be paid directly to the higher education institution upon submission of an
invoice for tuition created by the higher education institution.
(c) Student expenses, such as room and board and other expenses, shall be paid directly to
the student, whom shall be responsible for maintaining and submitting receipts or other
proof of expenditures by December 15, 2020the appropriate deadline provided for in the
Oneida Higher Education Pandemic Relief Fund standard operating procedure.
(d) All funds shall be requested pursuant to the Oneida Higher Education Pandemic Relief
Fund standard operating procedure.
(e) Laptop computers may be supplied to the student upon a written request by the student
to the Nation’s Higher Education Pandemic Relief Counselor and in accordance with the
Nation’s interpretation of CRF and any applicable standard operating procedure.
1003.4-3. Oneida Higher Education Department shall oversee distribution of the Oneida Higher
Education Pandemic Relief Fund in accordance with this law, CRF, and the Nation’s interpretation
thereof. The Oneida Higher Education Department shall hire the Higher Education Pandemic
Relief Counselor whom shall be assigned to work in the office of Oneida Economic Support
Services. Oneida Higher Education shall be responsible for the maintenance of records along with
the Oneida Accounting Department.
1003.4-4. Maintenance of Records.
(a) Nation. The Nation requires students to submit tuition invoices, leases, room and board
expenses, and any other proof of expenses or receipts to substantiate the request for
payments from the Oneida Higher Education Pandemic Relief Fund by December 15,
2020.appropriate deadline provided for in the Oneida Higher Education Pandemic Relief
Fund standard operating procedure. The Nation shall maintain these records for the
required period of time by the CARES Act, CRF, and Internal Revenue Service mandates.
(b) Student. The student shall maintain accurate records of the above listed items for
review by the Internal Revenue Service upon request.
1003.5. Presumption of Need; General Test for General Welfare Exclusion
1003.5-1. I.R.S. Rev. Proc. 2014-35, section 5.02(2)(B) lists education programs that assist tribal
members with tuition, housing, room and board, technology requirements and laptop computers
as a Safe Harbor program for which need is presumed.
1003.5-2. The Oneida Higher Education Pandemic Relief Fund meets the requirements of the
General Test as defined in the Oneida General Welfare law, 10 O.C. 1001; General Criteria as
defined in I.R.S. Rev. Proc. 2014-35, section 5.01(1); and the requirements of the Tribal General
Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The benefits are provided to the students pursuant to this law, as approved by the
Oneida Business Committee, and in accordance with Oneida General Welfare law.
(b) The Oneida Higher Education Pandemic Relief Fund has guidelines specifying how
Students qualify for the benefit in section 1003.4 of this law.
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(c) The program is available to any student as defined in Section 1003.3-1(i) of this law.
(d) The distribution of benefits does not discriminate in favor of members of the governing
body of the Nation, are not compensation, and are not lavish or extravagant under the facts
and circumstances of the Public Health Emergency.
1003.6. Budget
1003.6-1. The Nation shall allocate funds to the Oneida Higher Education Pandemic Relief Fund
only from monies it received pursuant to the CRF. This program is dependent on availability of
funding from the CRF.
End.
Emergency Adopted - BC-08-12-20-E
Emergency Amended – BC-08-25-20-A
Emergency Amended – BC-__-__-__-__
10 O.C. 1003 – Page 4
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Title 10. General Welfare Exclusion - Chapter 1003
ONEIDA HIGHER EDUCATION PANDEMIC RELIEF FUND
1003.1. Purpose and Policy
1003.2. Adoption, Amendment, Repeal
1003.3. Definitions
1003.4. Guidelines and Requirements
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1003.5. Presumption of Need; General Test for General Welfare
Exclusion
1003.6. Budget
1003.1. Purpose and Policy
1003.1-1. Purpose. The purpose of this law is to create the Oneida Higher Education Pandemic
Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions.
1003.1-2. The Oneida Higher Education Pandemic Relief Fund shall assist students to meet the
needs created by the Public Health Emergency which caused grants, scholarships, and loans to be
forsaken by the granting institutions or banks during the novel coronavirus pandemic, and personal
and family funds redirected to other needs during the ongoing Public Health Emergency, including
medical expenses and losses due to unemployment within the family.
1003.1-3. Policy. It is the policy of the Nation to prioritize the education of its members young
and old. The Nation provides a path and a platform for its Tribal members to excel in their
education from Head Start through college and post-graduate studies. The Nation’s future business
and government leaders, caregivers, nourishers, managers, thought leaders, and teachers shall be
better prepared to lead and navigate the local challenges in a global economy when they participate
in the academics and accreditation that permits access to areas our Nation requires to remain viable
and vital over the next seven generations.
1003.1-4. The Oneida Higher Education Pandemic Relief Fund shall be funded only through
monies allocated to the Nation pursuant to the Coronavirus Aid, Relief, and Economic Security
(CARES) Act Coronavirus Relief Funds (CRF), codified at Section 601(d) of the Social Security
Act, for the purpose of addressing their higher education needs created by the Public Health
Emergency in the wake of the COVID-19 pandemic.
1003.1-5. The Oneida Higher Education Pandemic Relief Fund is a unique program not associated
with the Oneida Trust Scholarship Fund and this law does not amend or override the Trust
Scholarship Fund Policy at 9 O.C. 901 et seq.
1003.1-6. The Oneida Business Committee intends the Oneida Higher Education Pandemic Relief
Fund to adhere to the mandates of the Oneida General Welfare law, 10 O.C. 1001, the Tribal
General Welfare Exclusion Act codified at 26 U.S.C. §139E, I.R.S Rev. Proc. 2014-35, the general
criterial defined therein at 5.01(1), and the Safe Harbor – Education Programs listed and defined
therein at 5.01(2)(b), and CRF.
1003.2. Adoption, Amendment, Repeal
1003.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-08-12-20-E, and emergency amended by resolutions BC-08-25-20-A and BC-____-__-__.
1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1003.2-3. 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.
1003.2-4. 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.
10 O.C. 1003 – Page 1
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1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1003.3. Definitions
1003.3-1. 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) “Accredited” means qualified and approved by a United States Department of
Education recognized accrediting body, state-approved accrediting body, or recognized
through a professional affiliation.
(b) “Benefits” means any approved program assistance, including payments, which is
provided pursuant to this law.
(c) "Classroom requirement" means books, subscriptions, access to internet-based
programs, or any items required by the higher education institution, professor, or teacher
of the course in which the student is enrolled.
(d) “General Test” means the criteria used to determine if any assistance or benefits
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(1) Paid on behalf of the Nation;
(2) Pursuant to an approved program;
(3) Does not discriminate in favor of members of the governing body of the Nation;
(4) Are available to any Tribal member who meets the guidelines of the approved
program;
(5) Are for the promotion of general welfare;
(6) Are not lavish or extravagant;
(7) Are not compensation for services; and
(8) Are not per capita payments.
(e) "Higher education institution" means an accredited university, college, vocational
college, community college, liberal arts college, postgraduate school, institute of
technology or other collegiate level institution.
(f) “Higher Education Pandemic Relief Counselor” means the person hired and assigned
by the Oneida Higher Education Division to assist Oneida Economic Support Services in
the review and processing of the Oneida Higher Education Pandemic Relief Fund.
(g) “Nation” means the Oneida Nation.
(h) “Public Health Emergency” means the economic, governmental, and medical crises
caused by COVID-19 and the novel coronavirus pandemic.
(i) “Room and board” means on or off campus housing, transportation, and food
requirements adjusted to meet the unique lodging and food provision requirements or
governmental mandates during the Public Health Emergency.
(j) “Student” means a Tribal member, age eighteen (18) and older, enrolled in a higher
education institution during the operative period of this law.
(k) “Technology requirements” means computers, internet access fees, VPN subscriptions,
computer-based or cloud-based subscriptions required to function within a contemporary
academic setting such as Office 365, Adobe-based programs, other required licenses, and
electric or telecommunications costs.
(l) “Tuition” means the price or payment for instruction at a higher education institution.
(m) "Tribal member" means an individual who is an enrolled member of the Nation.
10 O.C. 1003 – Page 2
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121
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127
128
129
130
131
132
1003.4. Guidelines and Requirements
1003.4-1. The Oneida Higher Education Pandemic Relief Fund is established to meet the higher
education needs of its students during the COVID-19 Public Health Emergency.
1003.4-2. The Oneida Higher Education Pandemic Relief Fund shall provide students:
(a) Up to twenty thousand dollars ($20,000) towards tuition, room and board, technology
requirements, and classroom requirements assistance.
(b) Tuition shall be paid directly to the higher education institution upon submission of an
invoice for tuition created by the higher education institution.
(c) Student expenses, such as room and board and other expenses, shall be paid directly to
the student, whom shall be responsible for maintaining and submitting receipts or other
proof of expenditures by the appropriate deadline provided for in the Oneida Higher
Education Pandemic Relief Fund standard operating procedure.
(d) All funds shall be requested pursuant to the Oneida Higher Education Pandemic Relief
Fund standard operating procedure.
(e) Laptop computers may be supplied to the student upon a written request by the student
to the Nation’s Higher Education Pandemic Relief Counselor and in accordance with the
Nation’s interpretation of CRF and any applicable standard operating procedure.
1003.4-3. Oneida Higher Education Department shall oversee distribution of the Oneida Higher
Education Pandemic Relief Fund in accordance with this law, CRF, and the Nation’s interpretation
thereof. The Oneida Higher Education Department shall hire the Higher Education Pandemic
Relief Counselor whom shall be assigned to work in the office of Oneida Economic Support
Services. Oneida Higher Education shall be responsible for the maintenance of records along with
the Oneida Accounting Department.
1003.4-4. Maintenance of Records.
(a) Nation. The Nation requires students to submit tuition invoices, leases, room and board
expenses, and any other proof of expenses or receipts to substantiate the request for
payments from the Oneida Higher Education Pandemic Relief Fund by appropriate
deadline provided for in the Oneida Higher Education Pandemic Relief Fund standard
operating procedure. The Nation shall maintain these records for the required period of
time by the CARES Act, CRF, and Internal Revenue Service mandates.
(b) Student. The student shall maintain accurate records of the above listed items for
review by the Internal Revenue Service upon request.
1003.5. Presumption of Need; General Test for General Welfare Exclusion
1003.5-1. I.R.S. Rev. Proc. 2014-35, section 5.02(2)(B) lists education programs that assist tribal
members with tuition, housing, room and board, technology requirements and laptop computers
as a Safe Harbor program for which need is presumed.
1003.5-2. The Oneida Higher Education Pandemic Relief Fund meets the requirements of the
General Test as defined in the Oneida General Welfare law, 10 O.C. 1001; General Criteria as
defined in I.R.S. Rev. Proc. 2014-35, section 5.01(1); and the requirements of the Tribal General
Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The benefits are provided to the students pursuant to this law, as approved by the
Oneida Business Committee, and in accordance with Oneida General Welfare law.
(b) The Oneida Higher Education Pandemic Relief Fund has guidelines specifying how
Students qualify for the benefit in section 1003.4 of this law.
(c) The program is available to any student as defined in Section 1003.3-1(i) of this law.
10 O.C. 1003 – Page 3
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(d) The distribution of benefits does not discriminate in favor of members of the governing
body of the Nation, are not compensation, and are not lavish or extravagant under the facts
and circumstances of the Public Health Emergency.
1003.6. Budget
1003.6-1. The Nation shall allocate funds to the Oneida Higher Education Pandemic Relief Fund
only from monies it received pursuant to the CRF. This program is dependent on availability of
funding from the CRF.
End.
Emergency Adopted - BC-08-12-20-E
Emergency Amended – BC-08-25-20-A
Emergency Amended – BC-__-__-__-__
10 O.C. 1003 – Page 4
26 of 34
Legislative Operating Committee
FY2021 First Quarter Report
Name of Legislation
Active Files List As of 12/31/2020
Work completed October 1, 2020 – December 31, 2020
Development
Public Input
Budget Management and Control Law Amendments
Business Corporations Law
Children’s Code Amendments
Code of Ethics Law Amendments
Community Support Fund Law Amendments
Credit Collections Law Amendments
Drug and Alcohol Free Law for Elected and Appointed
Officials
Emergency Management and Homeland Security Law
Amendments
Endowments Law
Environmental Review Law
Furlough Law Amendments
GTC Meeting Stipends Payment Policy Amendments
Industrial Hemp Law
Investigative Leave Policy Amendments
Law Enforcement Ordinance Amendments
Layoff Policy Amendments
Marijuana Law
Misappropriations of Funds Law
Oneida General Welfare Law
Oneida Higher Education Pandemic Relief Fund Law
Oneida Land Trust Law
Oneida Nation Emergency Planning Committee Bylaws
Oneida Nation Gaming Ordinance Amendments
Oneida Personnel Policies and Procedures Amendments
Oneida Trust Enrollment Committee Bylaws
Pandemic Relief Assistance Law
Public Peace Law
Real Property Law Amendments
Recycling and Solid Waste Disposal Law Amendments
Sanctions and Penalties Law
Taxation Law
Traffic Law
Wellness Court Law
Workplace Violence Law Amendments
Page 1 of 8
GTC/OBC Consideration
or Adoption
27 of 34
October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
Legislative Operating Committee Action on Legislative Requests
During the FY21 First Quarter the Legislative Operating Committee added thirty-four (34)
legislative items to its Active Files List and denied the requests for two (2) legislative items.
Items Added to the Active Files List by the Legislative Operating Committee
On September 24, 2020, the Legislative Operating Committee held a work meeting to consider the
twenty-eight (28) outstanding items from the 2017-2020 legislative term and determine what, if
any, items would be added to the 2020-2023 Active Files List. At the October 7, 2020, Legislative
Operating Committee meeting, the Legislative Operating Committee took formal action to add the
following twenty-nine (29) legislative items to its Active Files List:
Budget Management and Industrial Hemp Law
Petition: M. Debraska –
Control Law Amendments Investigative Leave Policy
Increase GTC Stipend
Amendments
Public Peace Law
Business Corporations
Law Enforcement
Real Property Law
Law
Ordinance Amendments
Amendments
Code of Ethics Law
Layoff Policy
Recycling and Solid
Amendments
Amendments
Waste Disposal Law
Community Support Fund
Misappropriation of Funds
Amendments
Law Amendments
Law
Sanctions and Penalties
Children’s Code
Oneida General Welfare
Law
Amendments
Law
Taxation Law
Drug and Alcohol Free
Oneida Higher Education Traffic Law
Law for Elected and
Pandemic Relief Fund
Wellness Court Law
Appointed Officials
Law Amendments
Workplace Violence Law
Emergency Management
Oneida Nation Emergency
Amendments
and Homeland Security
Planning Committee
Law Amendments
Bylaws Amendments
Environmental Review
Oneida Personnel Policies
Law
and Procedures
Furlough Law
Amendments
Amendments
Oneida Trust Enrollment
Guardianship Law
Committee Bylaws
Amendments
Then at the October 21, 2020, Legislative Operating Committee Meeting the Legislative Operating
Committee added the following four (4) legislative items to its Active Files List:
Oneida Land Trust Law
Credit Collections Law
Endowments Law
Medical Marijuana Law
Amendments
At the December 2, 2020, Legislative Operating Committee meeting the Legislative Operating
Committee added the following item to its Active Files List:
Oneida Nation Gaming Ordinance Amendments
Items Denied by the Legislative Operating Committee
Page 2 of 8
28 of 34
October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
During the FY21 First Quarter the Legislative Operating Committee denied adding the following
items to its Active Files List:
Child Support Law Amendments. The Legislative Operating Committee denied the request
to amend the Child Support law because the Child Support law was recently amended in
January 2020, and the Legislative Operating Committee decided to prioritize other
legislative efforts at this time.
Nuisance Law. The Legislative Operating Committee denied the request to develop a
Nuisance law because the Legislative Operating Committee already had the development
of a Public Peace law on its Active Files List, and the Public Peace law would address the
social issues the request for a Nuisance law identified.
FY21 First Quarter Legislative Accomplishments
The Legislative Operating Committee brought forward the following legislation for adoption or
amendment during the FY21 First Quarter:
Emergency Adoption of the Pandemic Relief Assistance Law
The purpose of the Pandemic Relief Assistance law is to create the Pandemic Relief Assistance
Program for the purpose of assisting eligible members with payments for limited and specific
needs created by the COVID-19 Public Health Emergency. [10 O.C. 1004.1-1]. The Pandemic
Relief Assistance law:
Provides the guidelines and requirements for use of the Pandemic Relief Assistance
Program [10 O.C. 1004.4];
Describes the presumption of need and the General Test to be used to determine General
Welfare Exclusion [10 O.C. 1004.5];
Provides that the Nation allocate funds to the Pandemic Relief Assistance Program only
from monies it received pursuant to the Coronavirus Aid, Relief, and Economic Security
(CARES) Act Coronavirus Relief Funds (CRF), and that this program is dependent on
availability of funding from the CARES Act CRF. [10 O.C. 1004.6].
The Oneida Business Committee adopted this law on an emergency basis on November 24, 2020,
through resolution BC-11-24-20-D. The emergency adoption of this law will expire on May 24,
2021, with one (1) opportunity for a six (6) month extension.
Emergency Amendments to the Budget Management and Control Law
The purpose of the Budget Management and Control law is to set forth the requirements to be
followed by the Oneida Business Committee and Oneida fund units when preparing the budget to
be presented to the General Tribal Council for approval and to establish a triennial strategy
planning process for the Nation’s budget. [1 O.C. 121.1-1]. The emergency amendments to the
Budget Management and Control law:
Provide that in the event that the Nation proclaims an emergency, in accordance with the
Emergency Management and Homeland Security law, which prevents presentation and
adoption of the budget by the General Tribal Council, the Oneida Business Committee
shall adopt the Nation’s budget. [1 O.C. 121.5-9(a)].
The Oneida Business Committee adopted the emergency amendments to this law on November
24, 2020, through resolution BC-11-24-20-E. The emergency amendments to this law will expire
on May 24, 2021, with one (1) opportunity for a six (6) month extension.
Page 3 of 8
29 of 34
October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
Adoption of the Industrial Hemp Law
The purpose of the Industrial Hemp law is to authorize the production of hemp within the
boundaries of the Reservation; grant the Nation primary regulatory authority over the production
of hemp within its jurisdiction; assert the Nation’s inherent sovereign authority by creating a hemp
production plan that regulates hemp as an agricultural commodity consistent with the Nation’s
laws; and promote the Nation’s hemp industry to the greatest extent permitted by the 2018 Farm
Bill and IFR. [5 O.C. 508.1-1]. The Industrial Hemp law will:
Require any person, defined to include businesses and other entities, under the jurisdiction
of the Nation, who wants to produce hemp, to obtain, as well as maintain, a valid license
through the Environmental, Health, Safety, Land and Agriculture Division [5 O.C. 508.6];
Provide the process and eligibility requirements for persons to obtain and maintain a license
to produce hemp pursuant to the Nation’s regulatory plan [5 O.C. 508.6];
Define what constitutes an “acceptable hemp THC level” for purposes of producing hemp
plants in compliance with the Law, and provide the requisite sampling/testing methods by
which to accurately determine whether a hemp crop exceeds the acceptable hemp THC
level [5 O.C. 508.3-1, 508.8];
Mandate the disposal and destruction of any hemp plant that exceeds the acceptable hemp
THC level and provide the requisite process for its disposal/destruction [5 O.C. 508.8-1];
Set forth certain reporting and record-keeping requirements on the part of the producer and
the Division that will allow the Nation to track hemp production within the Reservation
and ensure compliance with the Law [5 O.C. 508.7]; and
Provide enforcement mechanisms for the Division to detect and respond to instances of
non-compliance with the Law that include due process protections for the licensee. [5 O.C.
508.11].
The Oneida Business Committee adopted the Industrial Hemp law on December 9, 2020, through
resolution BC-12-09-20-A.
FY21 First Quarter Administrative Accomplishments
The Legislative Operating Committee brought forward the following administrative items for
adoption or approval during the FY21 First Quarter:
Virtual Meeting Standard Operating Procedure
Due to the uncertainty of the COVID-19 pandemic and the Nation’s Public Health State of
Emergency, the Legislative Operating Committee developed a standard operating procedure
(SOP) that would permit and provide guidance as to how the Legislative Operating Committee
would hold meetings virtually through Microsoft Teams. The Legislative Operating Committee’s
Virtual Meeting SOP provides guidance as to:
When a virtual LOC meeting may be held – which is only during times of emergency.
How notice of a virtual meeting shall be provided;
The requirements of conducting a virtual meeting;
Voting during a virtual meeting; and
And the record of a virtual meeting.
The Virtual Meeting SOP was adopted by the Legislative Operating Committee on November 4,
2020, in an effort to provide the Legislative Operating Committee with flexibility in utilizing
virtual meetings – especially in instances where the gathering of people in a meeting may be
unsafe.
Page 4 of 8
30 of 34
October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
Petition: M. Debraska – Increase GTC Stipends
This petition called for the General Tribal Council meeting stipends to be increased from one
hundred dollars ($100) to two hundred dollars ($200). The Oneida Business Committee
acknowledged receipt of the petition on February 12, 2020. On February 26, 2020, the Oneida
Business Committee assigned the petition to the semi-annual GTC meeting agenda tentatively
scheduled on July 27, 2020, and directed that the Law, Finance, and Legislative Reference Offices
to complete and submit the legal review, fiscal impact statement, and statement of effect,
respectively, to the Secretary by May 19, 2020. Due to the COVID-19 pandemic the July SemiAnnual GTC meeting was canceled. On October 7, 2020, the Legislative Operating Committee
approved the statement of effect for the Petition: M. Debraska – Increase GTC Stipends drafted by
the Legislative Reference Office. On October 14, 2020, the Oneida Business Committee accepted
the statement of effect.
Curfew Law: One Year Review
On October 9, 2019, the Oneida Business Committee adopted a Curfew law through resolution
BC-10-09-19-F to protect the health, safety, and welfare of persons and property within the
Reservation by regulating the activities of minors on the Reservation during certain hours, while
imposing certain obligations and responsibilities on the parents, guardians, and/or legal custodians
of a minor for the control and supervision of that minor. [3 O.C. 308.1-1]. Resolution BC-10-0919-F directed that the Legislative Reference Office conduct a one (1) year review of the Curfew
law and provide the Oneida Business Committee a report which details the number of citations
issued by the Oneida Police Department, frequency and types of penalties issued by the Oneida
Family Court, and any other relevant information. On October 21, 2020, the Legislative Operating
Committee approved the Curfew Law: One Year Review report which provided that the
Legislative Reference Office communicated with the Oneida Police Department and the Oneida
Family Court on the status of the Curfew law during its first year of implementation and there were
zero (0) Curfew law citations issued since the Curfew law became effective on October 23, 2019.
The Oneida Business Committee accepted this report on October 28, 2020.
Children’s Code: Additional Six-Month Review
On July 26, 2017, the Oneida Business Committee (OBC) adopted the Children’s Code through
resolution BC-07-26-17-J for the purpose of providing for the welfare, care, and protection of
Oneida children. On July 26, 2017, the OBC also directed that a full implementation plan be
submitted to the OBC, with quarterly reports submitted thereafter, and a one (1) year review of the
Children’s Code itself as it relates to the full implementation. On May 8, 2019, the Oneida Business
Committee approved an amendment to the July 26, 2017, directive to complete a one (1) year
review of the Children's Code to instead require that a review of the implementation of the
Children's Code be conducted six (6) months after the Children's Code takes effect. Eight (8)
quarterly reports were presented to the OBC on the progress of the implementation of the
Children’s Code from December 27, 2017, until October 23, 2019. On April 22, 2020, a six (6)
month review of the implementation of the Children’s Code since it became effective on October
1, 2019, was presented to the OBC. During that meeting the Oneida Business Committee directed
that an additional six (6) month review of the Children’s Code be completed based on the fact that
there were still goals and concerns related to the implementation of the Children’s Code that need
to be addressed, as well the need to review the potential impacts of the COVID-19 pandemic on
Page 5 of 8
31 of 34
October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
the Children’s Code. On October 21, 2020, the Legislative Operating Committee approved the
Children’s Code: Additional Six Month Review which provided updates on the implementation
progress of the Oneida Indian Child Welfare Department and the Oneida Family Court. The
Oneida Business Committee accepted this report on October 28, 2020.
Discretion Regarding the Transfer of Cases under the Children’s Code Resolution
On October 14, 2020, the Legislative Operating Committee brought forward and approved a
resolution titled, “Discretion Regarding the Transfer of Cases under the Children’s Code” which
provided that the Nation’s Indian Child Welfare Department and Child Welfare attorney shall
begin all new Children in Need of Protection and Services cases occurring in Brown and
Outagamie County in the Oneida Family Court or seek the transfer of the case to the Oneida Family
Court under the Children’s Code unless such commencement or transfer would be impracticable
under the circumstances of the case as decided by the Nation's Indian Child Welfare Department
and the Nation's Child Welfare attorney. This resolution was adopted by the Oneida Business
Committee on October 28, 2020, through resolution BC-10-28-20-B.
Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act
On October 14, 2020, the Legislative Operating Committee brought forward and approved a
resolution titled, “Further Interpretation of “Fiscal Impact Statement” in the Legislative
Procedures Act” which superseded resolution BC-09-25-19-A titled, “Interpreting ‘Fiscal Impact
Statement’ in the Legislative Procedures Act” and provides further clarification on how the
financial impact statement required in section 109.6-1 of the Legislative Procedures Act shall be
requested and developed. This resolution was adopted by the Oneida Business Committee on
October 28, 2020, through resolution BC-10-28-20-A.
Active Files List Sixty Day Review
The “Legislative Operating Committee Meetings” standard operating procedure requires that
within sixty (60) days after an item is added to the Active Files List, the Legislative Reference
Office shall place the item on a Legislative Operating Committee meeting agenda for an update.
The Legislative Operating Committee is then required to adopt a motion to either continue
developing the proposal or discontinue developing the proposal. On December 2, 2020, the
Legislative Operating Committee accepted the Active Files List Sixty Day Review memorandum
which provided a status update on all items currently on the Active Files List, and the Legislative
Operating Committee then adopted a motion to continue the development of the thirty-four (34)
legislative items currently on the Active Files List identified in this memo.
FY21 First Quarter Legislative Highlights
The Legislative Operating Committee would like to highlight its work on the following legislative
items during the FY21 First Quarter:
Community Support Fund Law Amendments
The Legislative Operating Committee has held five (5) work meetings on the proposed
amendments to the Community Support Fund law – some of which were held in collaboration with
representatives of the Economic Support Services Department. On December 2, 2020, the
Legislative Operating Committee approved the proposed draft and legislative analysis. On
December 16, 2020, the Legislative Operating Committee forwarded the Community Support
Page 6 of 8
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October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
Fund law amendments to a public comment period to be held open until January 13, 2021. A public
meeting was not scheduled for the proposed amendments to this law due to the COVID-19
pandemic and the Nation’s Public Health State of Emergency. The Nation’s COVID-19 Core
Decision Making Team made a March 27, 2020, declaration titled “Suspension of Public Meetings
under the Legislative Procedures Act”. This declaration 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.
Emergency Management and Homeland Security Law Amendments
The Legislative Operating Committee has held four (4) work meetings on the proposed
amendments to the Emergency Management and Homeland Security law – some of which were
held in collaboration with representatives from the following areas: Oneida Business Committee,
Oneida Law Office, Emergency Management Department, Comprehensive Health Division, Risk
Management Department, Intergovernmental Affairs, General Manager, and Strategic Planner. On
December 16, 2020, the Legislative Operating Committee approved the proposed draft and
legislative analysis, and forwarded the Emergency Management and Homeland Security law
amendments to a public comment period to be held open until January 13, 2021.
Wellness Court Law
From November 18, 2020, through November 20, 2020, the Legislative Operating Committee
participated in the Tribal Healing to Wellness Court Planning Initiative Training provided by the
National Association of Drug Court Professionals, National Drug Court Institute, and the Tribal
Law and Policy Institute. Representatives from the Oneida Judiciary, Oneida Behavioral Health,
Oneida Police Department, Legal Resource Center, General Manager, Wisconsin Department of
Corrections Probation and Parole, and the Wisconsin Statewide Treatment Court participated in
this training alongside the Legislative Operating Committee. The Tribal Healing to Wellness Court
Planning Initiative Training was a foundational training program for jurisdictions interested in the
implementation of a tribal healing to wellness court, which was designed to educate participants
on the research and science supporting the drug court model and facilitate the creation of a program
plan supporting fidelity to the model and proven best practice standards.
FY21 First Quarter Legislative Operating Committee Meetings
Typically, all Legislative Operating Committee meetings are open to the public and held on the
first and third Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business
Committee Conference Room.
Due to the COVID-19 pandemic and the Nation’s Public Health State of Emergency the
Legislative Operating Committee meetings have been closed to the public. An audio recording of
the Legislative Operating Committee meeting is made available on the Nation’s website after the
meeting concludes. Any individual who has comments or questions regarding open session items
on a Legislative Operating Committee meeting agenda may submit the comments or questions to
LOC@oneidanation.org no later than the close of business the day prior to an Legislative
Operating Committee meeting. Any comments received are noticed to the Legislative Operating
Committee.
Page 7 of 8
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October 2020 – December 2020
Legislative Operating Committee FY21 First Quarter Report
The Legislative Operating Committee held the following meetings during the FY21 First Quarter:
October 7, 2020 – Regular meeting;
October 21, 2020 – Regular meeting;
November 4, 2020 – Regular meeting;
December 2, 2020 – Regular meeting; and
December 16, 2020 – Regular meeting.
Goals for FY21 Second Quarter
During the FY21 Second Quarter the Legislative Operating Committee will focus its legislative
efforts on the following matters:
1. Continued response to the COVID-19 pandemic;
2. Adopt amendments to the Community Support Fund law;
3. Adopt amendments to the Emergency Management and Homeland Security law;
4. Adopt emergency amendments to the Oneida General Welfare law; and
5. Comply with the directive of Resolution BC-11-24-20-F titled, “Approval of Final
Draft Fiscal Year 2021 Budget and Budget Directives” that the $15,589,776 is set aside
for development of programming for members which may be utilized to fund a General
Welfare payment in accordance with Title 10, General Welfare Exclusion, Chapter
1001 that will focus on the specific needs of two groups of members – those age 62 and
over, and all membership. In the event the General Welfare programs are unable to be
developed on or before March 15, 2021, the programming funding shall be allocated in
a per capita payment based on the needs of the two groups of members age 62 and over,
and all members.
Legislative Reference Office
The Legislative Reference Office’s mission is to provide support for the Legislative Operating
Committee in developing clear and consistent legislation that reflects the Nation’s values, builds
upon the Nation’s strong foundation, and reaffirms our inherent sovereignty. The Legislative
Reference Office is currently staffed by a Senior Legislative Staff Attorney, Clorissa N. Santiago,
and a Legislative Staff Attorney, Kristen Hooker.
Legislative Operating Committee Contact Information
Feel free to contact the LOC at LOC@oneidanation.org
with any questions or comments, or individual LOC
members at the following:
David Jordan, LOC Chairman
djordan1@oneidanation.org
Kirby Metoxen, LOC Vice-Chairman
kmetox@oneidanation.org
Jennifer Webster, LOC Member
jwebste1@oneidanation.org
Daniel Guzman King, LOC Member
dguzman@oneidanation.org
Marie Summers, LOC Member
esummer1@oneidanation.org
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February 2021
February 2021
M arch 2021
Su M o Tu We Th Fr Sa
Su M o Tu We Th Fr Sa
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
SUNDAY
M ONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
Jan 31
Feb 1
2
3
4
5
6
8:30am LOC Prep
(BC_Conf_Roo
m) - Clorissa
N. Santiago
10:00am
Wellness
Court Law
Work M eeting
(M icrosoft
Teams
M eeting) Clorissa N.
9:00am LOC
M eeting
(BC_Conf_Roo
m) - LOC
7
8
9
10
11
10:00am General
Welfare
Exclusion FY21 Budget
Directive Work
M eeting
(M icrosoft
Teams
14
15
16
17
18
1:00pm Furlough
Law
23
19
20
11:00am
Amendments
to the Oneida
Nation
Gaming
Ordinance
(M icrosoft
Teams
9:00am LOC
M eeting
(M icrosoft
22
13
2:00pm LOC
Work Session
(M icrosoft
Teams
M eeting) Clorissa N.
Santiago
8:30am LOC Prep
(M icrosoft
Teams
21
12
24
25
26
27
5
6
1:30pm LOC
Work Session
(M icrosoft
Teams
M eeting) Clorissa N.
Santiago
28
LOC
M ar 1
2
3
4
1
2/ 12/ 2021 9: 20 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.