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

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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.

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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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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.

10 O.C. 1003 – Page 3

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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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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

32 of 34

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

33 of 34

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

Page 8 of 8

34 of 34

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.

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