Oneida Business Committee (2020)
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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
Business Committee Conference Room-2nd Floor Norbert Hill Center
August 19, 2020
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is preventative measure as a result of the COVID-19 pandemic. An audio 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
III.
Current Business
1. Emergency Management and Homeland Security Law Emergency Amendments (pg. 4)
2. Oneida Nation School Board Bylaws (pg. 19)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. E-Poll Results: Materials for the Adoption of Emergency Amendments to the Election Law
(pg. 60)
2. E-Poll Results: Materials for the Adoption of Emergency Amendments to the Boards,
Committees, and Commissions Law (pg. 104)
3. E-Poll Results: Materials for the Adoption of Emergency Amendments to the Emergency
Management and Homeland Security Law (pg. 161)
4. E-Poll Results: Approval of the Oneida Personnel Policies and Procedures Emergency
Adoption Packet (pg. 198)
5. E-Poll Results: Approval of the March 18, 2020, LOC Meeting Minutes (pg. 265)
6. E-Poll Results: Rescission of the March 25, 2020, LOC Approval of the Oneida Personnel
Policies and Procedures Emergency Adoption Packet (pg. 269)
7. E-Poll Results: Approval of Vehicle Driver Certification and Fleet Management Law
Amendments Adoption Packet (pg. 274)
8. E-Poll Results: Approval of the Tobacco Law Amendments Public Comment Period (pg. 327)
9. E-Poll Results: Approval of Children’s Burial Fund Policy Amendments Adoption Packet (pg.
341)
10. E-Poll Results: Approval of the Children's Code Six Month Review Memorandum (pg. 361)
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11. E-Poll Results: GTC Stipend Payment Policy (pg. 368)
12. E-Poll Results: Add General Tribal Council Meeting Stipend Payment Policy Emergency
Amendments to the Active Files List (pg. 394)
13. E-Poll Results: Approval of the Curfew Law Amendments Materials and Fiscal Impact
Request Memorandum (pg. 399)
14. E-Poll Results: Approval of the Domestic Animals Law Amendments Materials and Fiscal
Impact Request Memorandum (pg. 425)
15. E-Poll Results: Approval of the Oneida Food Service Code Amendments Adoption Packet and
the Oneida Food Service Law Fine, Penalty and Licensing Fee Schedule Resolution (pg. 487)
16. E-Poll Results: Approval of the Curfew Law Amendments Adoption Packet (pg. 538)
17. E-Poll Results: Approval of the Domestic Animals Law Amendments Adoption Packet and
the Amended Domestic Animals Law Fine, Penalty, and Licensing Fee Schedule Resolution
(pg. 563)
18. E-Poll Results: Adoption of Election Law Emergency Amendments Adoption Packet (pg.
612)
19. E-Poll Results: Approval of the Tobacco Law Amendments Materials and Fiscal Impact
Request Memorandum (pg. 657)
20. E-Poll Results: Approval of the Boards, Committees, and Commissions Law Amendments
Materials and Public Comment Period (pg. 679)
21. E-Poll Results: Approval of the LOC’s FY20 Second Quarter Report (pg. 728)
22. E-Poll Results: Approval of the Tobacco Law Amendments Adoption Packet and the Tobacco
Law Penalty and Fine Resolution (pg. 740)
23. E-Poll Results: Approval of the Boards, Committees, and Commissions Law Amendments
Updated Public Comment Period (pg. 764)
24. E-Poll Results: Approval of the Industrial Hemp Law Public Comment Period Notice Packet
(pg. 815)
25. E-Poll Results: Approval of the Oneida Election Board's Request for Emergency Amendments
to the Election Law (pg. 842)
26. E-Poll Results: Approval of the Election Law Emergency Amendments Adoption Packet (pg.
845)
27. E-Poll Results: Certification of the Leasing Law Rule No. 4 – Home Building Opportunities
Residential Leasing (pg. 888)
28. E-Poll Results: Approval of the Extension of the Real Property Law Emergency Amendments
(pg. 921)
29. E-Poll Results: Approval of the Boards, Committees, and Commissions Law Amendments
Public Comments Materials, and FIS Request Memorandum (pg. 938)
30. E-Poll Results: Approval of the Boards, Committees, and Commissions Law Amendments
Adoption Packet (pg. 1069)
31. E-Poll Results: Approval of the Boards, Committees, and Commissions Law Amendments
Adoption Packet (pg. 1141)
32. E-Poll Results: Approval of the LOC’s FY2020 Third Quarter Report (pg. 1213)
33. E-Poll Results: Approval of the Oneida General Welfare Law and the Oneida Higher Education
Pandemic Relief Fund Law (pg. 1224)
34. E-Poll Results: Approval of the Industrial Hemp Law Public Comments Materials and FIS
Request Memorandum (pg. 1263)
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35. LOC 2017-2020 End of Term Report (pg. 1360)
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
Legislative Operating Committee
August 19, 2020
Emergency Management and
Homeland Security Law
Emergency Amendments
Submission Date: 3/17/20
LOC Sponsor: David P. Jordan
Public Meeting: N/A
Emergency Enacted: 3/17/20
Summary: This item was added to the Active Files List in response to the COVID-19 pandemic. On
March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” in
response to the COVID-19 pandemic. As a result, the Oneida Business Committee decided to pursue
emergency amendments to the Emergency Management and Homeland Security law. The emergency
amendments create and delegate authority to a COVID-19 Core Decision Making Team – which will allow
the COVID-19 Team to make changes to internal operations and laws in a more efficient manner. The
Oneida Business Committee adopted the emergency amendments through resolution BC-03-17-20-E.
These emergency amendments expire on September 17, 2020.
3/17/20:
E-Poll Conducted. This e-poll was titled, “Materials for the Adoption of Emergency
Amendments to the Emergency Management and Homeland Security Law.” The requested
action of this e-poll was to approve the following actions: (1) Add the Emergency Management
and Homeland Security law emergency amendments to the Active Files List with David P.
Jordan as the sponsor; and (2) Approve the Emergency Management and Homeland Security
law emergency adoption packet and forward to the Oneida Business Committee for
consideration. This e-poll was approved by Jennifer Webster, Daniel Guzman King, David P.
Jordan, and Kirby Metoxen.
3/17/20 OBC: Motion by Lisa Summers to adopt resolution 03-17-20-E Emergency Amendments to the
Emergency Management and Homeland Security Law Adding Section Identifying COVID-19
Core Decision-Making Team and Delegating Authority, seconded by Brandon Stevens. Motion
carried.
6/2/20:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III,
Daniel Guzman King, Clorissa N. Santiago, Kristen Hooker. This was a work meeting held
through a call on Microsoft Teams. The purpose of this work meeting was to discuss potential
next steps for this legislative matter.
6/10/20 OBC: Motion by Brandon Stevens to defer this discussion [Discuss next steps regarding legal review
– Emergency Resolutions and Declarations – COVID-19 Pandemic] to the June 24, 2020,
regular Business Committee meeting agenda, seconded by Kirby Metoxen. Motion not voted.
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Motion by David P. Jordan to defer this discussion [Discuss next steps regarding legal review
– Emergency Resolutions and Declarations – COVID-19 Pandemic] to next week's regularly
scheduled Business Committee work session agenda, seconded by Lisa Summers. Motion
carried.
6/16/20:
Oneida Business Committee Work Session. Present: Tehassi Hill, Brandon Yellowbird
Stevens, Lisa Summers, Patricia King, David P. Jordan, Kirby Metoxen, Jennifer Webster,
Daniel Guzman King, Clorissa N. Santiago, Deborah Thundercloud, Lisa Liggins, Jessica
Wallenfang, Jameson Wilson, Laura Laitinen-Warren, Danelle Wilson, Jo Anne House. The
purpose of this work meeting was to discuss with the Business Committee the LOC’s plan on
how to move forward and address COVID-19 related legislative matters based on a review of
Chief Counsel’s May 26, 2020, memorandum that reviewed the resolutions adopted by the
Oneida Business Committee and the declarations adopted by the COVID-19 Core Decision
Making Team.
7/30/20:
Work Meeting. Present: David P. Jordan, Jenny Webster, Kirby Metoxen, Ernest Stevens III,
Clorissa N. Santiago. This was a work meeting held through a call on Microsoft Teams. The
purpose of this work meeting was to discuss the LOC’s schedule as we close out this term and
transition into the next term. The Emergency Management and Homeland Security Law
Emergency Amendments expire on 9/17/20. Discussed that the OBC will not hold a meeting
on 9/9 due to that week being dedicated to strategic planning. LOC determined that we will
need to bring a request for a six (6) month extension of the emergency amendments to the 8/26
OBC meeting.
8/13/20:
Work Meeting. Present: Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Clorissa N.
Santiago, Kristen Hooker. This was a work meeting held through a call on Microsoft Teams.
The purpose of this work meeting was to review and discuss the materials for the Extension of
the Emergency Amendments to the Emergency Management and Homeland Security law.
Next Steps:
Approve the Extension of the Emergency Management and Homeland Secuirty law Emergency
Amendments packet and forward to the Oneida Business Committee for consideration
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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
August 26, 2020
Extension of the Emergency Management and Homeland Security Law Emergency
Amendments
Please find the following attached backup documentation for your consideration of the extension
of the Emergency Management and Homeland Security Law Emergency Amendments:
1. Resolution: Extension of the Emergency Amendments to the Emergency Management and
Homeland Security Law
2. Statement of Effect: Extension of the Emergency Amendments to the Emergency
Management and Homeland Security Law
3. Emergency Management and Homeland Security Law
Overview
Emergency amendments to the Emergency Management and Homeland Security law (the “Law”)
were adopted by the Oneida Business Committee through resolution BC-03-17-20-E for the
purpose of creating and delegating authority to a COVID-19 Core Decision Making Team. The
emergency amendments to the Law:
Created a COVID-19 Core Decision Making Team (COVID-19 Team) [3 O.C. 302.10-1];
Identified what positions of the Nation serve on the COVID-19 Team [3 O.C. 302.10-1];
Described the authority delegated to the COVID-19 Team to declare exceptions to any law,
policy, procedure, regulation, or standard operating procedure of the Nation [3 O.C.
302.10-2];
Provided for the duration of authority for exceptions declared by the COVID-19 Team [3
O.C. 302.10-3]; and
Described how the COVID-19 Team will make its declarations [3 O.C. 302.10-4].
The Oneida Business Committee is delegated the authority to temporarily enact 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].
The emergency amendments to this Law were necessary for the preservation of the public health,
safety, and general welfare of the Reservation population. The emergency amendments were
needed to create the COVID-19 Team and provide the COVID-19 Team the ability to act on behalf
of the Nation on a daily, or even hourly basis, to best protect the Reservation population against
the public health crisis that is the COVID-19 pandemic.
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Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of these emergency amendments was contrary to public interest. The process and
requirements of the Legislative Procedures Act could not have been completed in time to allow
the Nation the ability to adequately address the issues regarding internal operations and laws that
arose during the COVID-19 pandemic.
The emergency amendments to the Law will expire on September 17, 2020. The Legislative
Procedures Act allows the Oneida Business Committee to extend emergency amendments for a
six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency
amendments to the Law is being requested because the Nation is still experiencing the effects of
the COVID-19 pandemic. Since the March 12, 2020, “Declaration of Public Health State of
Emergency” the Nation’s Public Health State of Emergency has been extended until September
11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,
BC-07-08-20-A, and BC-08-06-20-A.
On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which
prohibits all public gatherings of any number of people and orders all individuals present within
the Oneida Reservation to stay at home or at their place of residence, with certain exceptions
allowed. On April 21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration
which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 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.
Then on June 10, 2020, the COVID-19 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.
The six (6) month extension of the emergency amendments to the Law are also being requested to
provide additional time for the Legislative Operating Committee to process permanent
amendments to the Law.
The extension of the emergency amendments to the Law will become effective on September 17,
2020, when the emergency amendments as adopted through BC-03-17-20-E expire, and will
remain in effect for an additional six (6) month term which will end on March 17, 2021.
Requested Action
Approve the Resolution: Extension of the Emergency Amendments to the Emergency
Management and Homeland Security Law
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A good mind. A good heart. A strong fire.
ONEIDA
Oneida Nation
8 of 1370
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Extension of the Emergency Amendments to the Emergency Management and Homeland Security
Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Emergency Management and Homeland Security law (“the Law”) was adopted by the
Oneida Business Committee through resolution BC-07-15-98-A, amended by resolutions
BC-12-20-06-G, BC-05-13-09-F, and most recently amended on an emergency basis by
resolution BC-03-17-20-E; and
WHEREAS,
the Law provides for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; provides for the direction of
emergency management, response, and recovery on the Reservation, as well as
coordination with other agencies, victims, businesses, and organizations; establishes the
use of the National Incident Management System; and designates authority and
responsibilities for public health preparedness; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was then subsequently extended through September
11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, and BC-08-06-20-A; and
WHEREAS,
on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration prohibiting all public gatherings of any number of people and ordering
all individuals present within the Oneida Reservation to stay at home or at their place of
residence, with certain exceptions allowed; and
WHEREAS,
the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”
declaration on April 21, 2020, with the issuance of the “Updated Safer at Home”
declaration, on May 19, 2020, with the “Safer at Home Declaration, Amendment, Open for
Business” declaration, and then again on June 10, 2020, with the issuance of the “Stay
Safer at Home” declaration; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis 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; and
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BC Resolution _____________
Extension of the Emergency Amendments to the Emergency Management and Homeland Security Law
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WHEREAS,
the Oneida Business Committee adopted emergency amendments to the Law through
resolution BC-03-17-20-E; and
WHEREAS,
the emergency amendments to the Law created a COVID-19 Core Decision Making Team;
identified what positions of the Nation serve on the COVID-19 Core Decision Making Team;
described the authority delegated to the COVID-19 Core Decision Making Team to declare
exceptions to any law, policy, procedure, regulation, or standard operating procedure of
the Nation; described how the COVID-19 Core Decision Making Team would make its
declarations; and provided for the duration of authority for declarations made by the
COVID-19 Core Decision Making Team; and
WHEREAS,
the Oneida Business Committee determined that the emergency adoption of these
amendments to the Law were necessary for the preservation of the public health, safety,
and general welfare of the Reservation population to allow the COVID-19 Core Decision
Making Team to take action to protect the Reservation population against the public health
crisis that is the COVID-19 pandemic; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
emergency amendments was contrary to public interest; and
WHEREAS,
emergency legislation is effective for a period of six (6) months, renewable for an additional
six (6) months by the Oneida Business Committee; and
WHEREAS,
the emergency amendments to the Law will expire on September 17, 2020; and
WHEREAS,
a six (6) month extension of the emergency amendments is being requested because the
Nation is still experiencing the COVID-19 pandemic and Public Health State of Emergency,
and the extension would allow for the emergency amendments to remain in effect while
the Legislative Operating Committee develops permanent amendments to the Law; and
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Emergency Management
and Homeland Security law are hereby extended for an additional six (6) month period, effective September
17, 2020, and shall expire on March 17, 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
Statement of Effect
Extension of the Emergency Amendments to the Emergency Management and Homeland Security
Law
Summary
This resolution extends the emergency amendments to the Emergency Management and Homeland
Security law adopted through resolution BC-03-17-20-E for an additional six (6) months in
accordance with the Legislative Procedures Act.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: August 4, 2020
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Emergency Management and Homeland
Security law (“the Law”) for an additional six (6) month term. The purpose of the Law is to provide
for the development and execution of plans for the protection of residents, property, and the
environment in an emergency or disaster; provide for the direction of emergency management,
response, and recovery on the Reservation, as well as coordination with other agencies, victims,
businesses, and organizations; establish the use of the National Incident Management System;
designate authority and responsibilities for public health preparedness. [1 O.C. 302.1-1].
Emergency amendments to the Law were adopted by the Oneida Business Committee through
resolution BC-03-17-20-E for the purpose of:
Creating a COVID-19 Core Decision Making Team (COVID-19 Team) [3 O.C. 302.101];
Identifying what positions of the Nation serve on the COVID-19 Team [3 O.C. 302.10-1];
Describing the authority delegated to the COVID-19 Team to declare exceptions to any
law, policy, procedure, regulation, or standard operating procedure of the Nation [3 O.C.
302.10-2];
Providing for the duration of authority for exceptions declared by the COVID-19 Team [3
O.C. 302.10-3]; and
Describing how the COVID-19 Team will make its declarations [3 O.C. 302.10-4].
The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is necessary for the immediate preservation of the public health, safety or general
welfare of the Reservation population and when enactment or amendment of legislation is required
sooner than would be possible under the LPA. [1 O.C. 109.9-5].
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the
Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation
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has since been extended until September 11, 2020, through the adoption of resolutions BC-03-2820-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, and BC-08-06-20-A.
On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which
prohibits all public gatherings of any number of people and orders all individuals present within
the Oneida Reservation to stay at home or at their place of residence, with certain exceptions
allowed. On April 21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration
which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 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.
Then on June 10, 2020, the COVID-19 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.
The Oneida Business Committee determined that the emergency amendments to the Law were
necessary for the preservation of the public health, safety, and general welfare of the Reservation
population. The emergency amendments to the Law were needed to allow the COVID-19 Team
the ability to act on behalf of the Nation on a daily, or even hourly basis, in order to protect the
Reservation population against the public health crisis that is the COVID-19 pandemic.
Additionally, the Oneida Business Committee determined that observance of the requirements
under the LPA for adoption of this amendment would be contrary to public interest. The process
and requirements of the LPA could not be completed in time to allow the Nation the ability to
adequately address the issues regarding internal operations and laws that arose during the COVID19 pandemic.
The emergency amendments to the Law became effective immediately upon adoption by the
Oneida Business Committee and were set to be effective for six (6) months. The emergency
amendments to the Law will expire on September 17, 2020.
The Legislative Procedures Act authorizes the Oneida Business Committee to extend the adoption
of emergency amendments for an additional six (6) month period. [1 O.C. 109.9-5(b)]. An
extension of the emergency amendments is being requested because the Nation is still experiencing
the effects of the COVID-19 pandemic., and the Legislative Operating Committee needs additional
time to develop the permanent amendments to the Law.
Through this resolution the extension of the emergency amendments to the Law will become
effective on September 17, 2020, when the emergency amendments as adopted through BC-0317-20-E expire, and will remain in effect for an additional six (6) month term which will end on
March 17, 2021.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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OBC Consideration of Extension of the Emergency Management and Homeland Security Law
Emergency Amendments Adopted through Resolution BC-03-17-20-E
2020 08 26
Title 3. Health and Public Safety – Chapter 302
Yotlihokt# Olihw@=ke
Matters that are concerning immediate attention
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
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302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management/Homeland Security
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.6. Tribal Cooperation
302.7. Public Health Emergencies and Communicable Disease
302.8. When an Emergency is Proclaimed
302.9. Enforcement and Penalties
302.10. COVID-19 Core Decision Making Team
302.1. Purpose and Policy
302.1-1. The purposes of this law are to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; and
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations; and
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. It is the policy of this law to provide:
(a) a description of the emergency management network of the Nation; and
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of Tribal emergency response management plans, as well as to address
concerns related to isolation and/or quarantine orders, emergency care, and mutual aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, Conflicts
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98A and amended by BC-12-20-06-G, BC-05-13-09-F, and emergency amended by BC-03-17-20E.
302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
302.2-3. 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.
302.2-4. 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.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Biological Agent” means an infectious disease or toxin that has the ability to adversely
3 O.C. 302 – Page 1
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affect human health in a variety of ways, from mild allergic reactions to serious medical
conditions, and including death.
(b) “Communicable Disease” means any disease transmitted from one person or animal to
another directly by contact with excreta or other discharges from the body, or indirectly via
substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the OCHS, or his or her
designee(s), who is responsible for taking the appropriate actions in order to prevent a
public health emergency from occurring on the Reservation.
(d) “COVID-19” means a mild to severe respiratory illness that is caused by a coronavirus,
is transmitted chiefly by contact with infectious material, and is characterized especially
by fever, cough and shortness of breath and may progress to pneumonia and respiratory
failure.
(e) “Director” means the Director of the Nation’s Emergency Management/Homeland
Security Agency.
(f) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(g) “Emergency Operations Plan” means the plan established to coordinate mitigation,
preparedness, response, and recovery activities for all emergency or disaster situations
within the Reservation.
(h) “Entity” means any Tribal agency, board, committee, commission, or department.
(i) “Fair Market Value” means the everyday cost of a product in an ordinary market, absent
of a disaster.
(j) “Isolation” means the separation of persons or animals presumably or actually infected
with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(k) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) that provides a consistent
nationwide approach for federal, state, local, and tribal governments to work effectively
and efficiently together to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size, or complexity.
(n) “OCHS” means the Oneida Community Health Services, which is authorized to issue
compulsory vaccinations, require isolation, and quarantine individuals in order to protect
the public health.
(o) “Oneida Nation Emergency Planning Committee” or “ONEPC” means the committee
that assists the Director in the implementation of this law.
(p) “Proclaim” means to announce officially and publicly.
(q) “Public Health Emergency” means the occurrence or imminent threat of an illness or
health condition which:
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(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
people.
(r) “Quarantine” means the limitation of freedom of movement of persons or animals that
have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(s) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(t) “Vital Resources” means food, water, equipment, sand, wood, or other materials
obtained for the protection of life, property, and/or the environment during a proclaimed
emergency.
302.4. Emergency Management/Homeland Security
302.4-1. There is hereby created an Emergency Management/Homeland Security Agency
which is responsible for planning and coordinating the response to a disaster or emergency that
occurs within the boundaries of the Reservation.
302.4-2. The Director shall be responsible for coordinating and planning the operational
response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation.
(b) implement the Emergency Operations Plan as adopted by the Oneida Business
Committee.
(c) facilitate coordination and cooperation between entities and resolve questions that may
arise among them.
(d) incorporate the HSPD 5, issued on February 28, 2003 which requires all Federal, state,
local, and tribal governments to administer the best practices contained in the NIMS.
(e) coordinate the development and implementation of the NIMS within the Nation.
(f) ensure that the following occurs:
(1) an Emergency Operations Plan is developed and maintained, and includes
training provisions for applicable personnel.
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for.
(g) establish the line of authority as recorded in the Emergency Operations Plan as adopted
by the Oneida Business Committee.
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. In the event of a proclamation of an emergency on the Reservation, the Director is
hereby empowered:
(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
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approval of the Emergency Management/Homeland Security purchasing agent, who is
identified in the Emergency Operations Plan. If a person or business refuses to provide the
resource(s) required, the Director may commandeer resources for public use and bind the
Nation for the fair market value thereof. In the event the purchasing agent is unavailable,
the chain of command, as approved by the Oneida Business Committee, shall be followed.
(b) to require emergency activities of as many Tribal members and/or employees as
deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.5-1. The ONEPC shall consist of representatives from entities and a community
representative as identified in the ONEPC bylaws as approved by the Oneida Business Committee.
302.5-2. The ONEPC shall meet as necessary to assist the Director in drafting and maintaining
the Emergency Operations Plan.
302.5-3. At the request of the Director, the ONEPC shall provide assistance to the Director in
the implementation of the provisions of this law or any plan issued thereunder.
302.6. Tribal Cooperation
302.6-1. All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. A person who is disabled or dies while serving as a public safety officer, as defined in
the Public Safety Officers’ Benefits Program, the spouse of that person and/or any children of
that person may be eligible for benefits as determined by the Bureau of Justice Assistance under
the Public Safety Officers’ Benefits Program, 42 U.S.C. ch. 46, subch. XII.
302.7. Public Health Emergencies and Communicable Disease
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. If the Community/Public Health Officer suspects or is informed of the existence of any
communicable disease, the Community/Public Health Officer shall investigate and make or cause
examinations to be made, as are deemed necessary.
302.7-3. The Community/Public Health Officer may quarantine, isolate, require restrictions, or
take other communicable disease control measures as necessary. Any individual, including an
authorized individual, who enters an isolation or quarantine premises may be subject to isolation
or quarantine under this law.
(a) The list of quarantinable diseases shall be specified in a resolution adopted by the
Oneida Business Committee as recommended by the Community/Public Health Officer.
(b) The Community/Public Health Officer shall immediately quarantine, isolate, or take
other communicable disease control measures upon an individual if the Community/Public
Health Officer receives a diagnostic report from a physician or a written or verbal
notification from an individual or his or her parent or caretaker that gives the
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Community/Public Health Officer a reasonable belief that the individual has a
communicable disease that is likely to cause a public health emergency.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined or otherwise restricted in a separate place, the Community/Public Health
Officer shall have that individual removed to such a designated place, if it can be done
without danger to the individual’s health.
Cross-reference: See also Resolution Identifying Quarantinable Diseases BC-05-13-09-G.
302.7-4. The Community/Public Health Officer shall act as necessary to protect the public,
including requesting the Director to take steps to have a public health emergency proclaimed, as
identified in 302.8.
302.7-5. If an individual is infected with a communicable disease and the Community/Public
Health Officer determines it is necessary to limit contact with the individual, all persons may be
forbidden from being in direct contact with the infected individual, except for those persons having
a special written permit from the Community/Public Health Officer.
302.7-6. The Nation’s law enforcement agency shall work with the Community/Public Health
Officer to execute the Community/Public Health Officer’s orders and properly guard any place if
quarantine or other restrictions on communicable disease are violated or intent to violate is
manifested.
302.7-7. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s support.
The OCHS is responsible for the following costs accruing under this section unless the costs are
payable through third party liability or through any benefit system:
(a) the expense for law enforcement assistance under 302.7-4.
(b) the expense of maintaining quarantine and isolation of the quarantined area.
(c) the expense of conducting examinations and tests made under the direction of the
Community/Public Health Officer.
(d) the expense of care for dependent persons of the infected individual.
302.7-8. When a public health emergency is proclaimed, the Community/Public Health Officer
may do all of the following, as necessary:
(a) order an individual to receive a vaccination, unless the vaccination is reasonably likely
to lead to serious harm to the individual or the individual, for reason of religion or
conscience, refuses to obtain the vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to receive
the vaccination under (a).
(c) prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.8. When an Emergency is Proclaimed
302.8-1. The Oneida Business Committee shall be responsible for proclaiming or ratifying the
existence of an emergency and for requesting a gubernatorial or presidential declaration.
302.8-2. The Director may request that the Oneida Business Committee proclaim the existence
of an emergency. In the event the Oneida Business Committee is unable to proclaim or ratify the
existence of an emergency, the Director may proclaim an emergency which shall be in effect until
such time the Oneida Business Committee can officially ratify this declaration. The Oneida
Business Committee may proclaim the existence of an emergency without a request from the
Director, if warranted.
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302.8-3. The emergency management network of the Reservation shall be as specified in the
Emergency Operations Plan, as adopted by the Oneida Business Committee.
302.8-4. The provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals
Ordinance, shall not apply during a proclaimed emergency. During a proclaimed emergency, the
Conservation Department shall be responsible for the care, disposal, and sheltering of all
abandoned domestic animals and livestock.
302.8-5. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than thirty (30) days, unless renewed by the Oneida Business Committee. After
an emergency has subsided, the Director shall prepare, or shall work in conjunction with the
appropriate entity to prepare, an after-action report to be presented to the Oneida Business
Committee, any interested entity, and the public. This report shall be presented to the required
parties no longer than sixty (60) days after the emergency has subsided, unless an extension is
granted by the Oneida Business Committee.
302.9. Enforcement and Penalties
302.9-1. It shall be a violation of this law for any person to willfully obstruct, hinder, or delay
the implementation or enforcement of the provisions of this law or any plan issued thereunder,
whether or not an emergency has been proclaimed.
(a) Violators of this law may be subject to a fine of not more than $200 per violation to be
issued by the Oneida Police Department and paid to the Nation. Employees of the Nation
who violate this law during their work hours or who refuse to follow the Emergency
Operations Plan may be subject to disciplinary action instead of a fine.
302.9-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of
the citation, unless the person files an appeal with the Judiciary before the fine is to be paid.
302.9-3. Employees of the Nation who are disciplined under this law may appeal the disciplinary
action in accordance with the personnel policies and procedures of the Nation.
302.10. COVID-19 Core Decision Making Team
302.10-1. Creation of Core Decision Making Team. There is hereby created a COVID-19 Core
Decision Making Team (COVID-19 Team) which shall exist by declaration of a public health
emergency under this law. The COVID-19 Team shall be made up of the following persons:
(a) Oneida Business Committee Officers which includes the Chairperson, Vice
Chairperson, Treasurer, Secretary;
(b) Legislative Operating Committee Chairperson;
(c) General Manager;
(d) Gaming General Manager;
(e) Gaming Assistant Chief Financial Officer;
(f) Chief Financial Officer;
(g) Intergovernmental Affairs and Communications Director; and
(h) Public Relations Director.
302.10-2. Delegation of Authority. The COVID-19 Team shall have emergency authority to take
the following actions.
(a) Notwithstanding any requirements of the Legislative Procedures Act, declare
exceptions to the Nation’s laws 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.
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(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard
operating procedures, declare exceptions to any policy, procedure, regulation, or standard
operating procedure during the emergency period which will be of immediate impact for
the purposes of protecting the health, safety, and general welfare of the the Nation’s
community, members, and employees.
302.10-3. Duration of Authority for Exceptions Declared by the COVID-19 Team. Any actions
taken under authority granted in this section shall be effective upon the date declared by the
COVID-19 Team and shall be effective for the duration of any declared emergency, or for a shorter
time period if identified.
(a) The Oneida Business Committee may change or extend any emergency actions taken
by the COVID-19 Team.
302.10-4. Declarations. All declarations made by the COVID-19 Team shall:
(a) be written on the Nation’s letterhead;
(b) provide the date the declaration was issued;
(c) contain a clear statement of the directives;
(d) provide the date the directive shall go into effect;
(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the
Chairperson’s absence; and
(f) be posted on the Nation’s COVID-19 web site.
End.
Adopted - BC-07-15-98-A
Amended -BC-12-20-06-G
Emergency Amended –BC-04-30-09-A (Influenza A (H1N1))
Amended-BC-05-13-09-F
Emergency Amended – BC-03-17-20-E
Extension of Emergency – BC-__-__-__-__
3 O.C. 302 – Page 7
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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
August 19, 2020
Oneida Nation School Board Bylaws
Amendments
Submission Date: 10/03/18
LOC Sponsor: David P. Jordan
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
Summary: On September 26, 2018, the Oneida Business Committee (“OBC”) adopted the
Boards, Committees and Commissions law (“Law”) through resolution BC-09-26
-18-C, titled Amendments to the Comprehensive Policy Governing Boards,
Committees and Commissions. Per Section 105.10-1(a) of the Law, within a
reasonable time after its adoption, all existing boards, committees and
commissions of the Nation must present bylaws for adoption that comply with the
format and contain the minimal amount of information prescribed in the Law. In
resolution BC-09-26-18-C, the OBC gave the Nation’s boards, committees and
commissions six (6) months from the date of the Law’s adoption to present their
bylaws. The OBC further directed that, within thirty (30) days of the Law’s
adoption, the Legislative Reference Office hold at least two (2) informational
bylaws meetings with the boards, committees and commissions for purposes of:
(1) providing them with an update on the revised bylaws requirements that
resulted from the Law’s adoption; (2) providing them with a template for the
development of their revised bylaws; and (3) offering them any assistance in the
development and drafting of their revised bylaws.
10/3/18 LOC: Motion by Ernest Stevens III to add Oneida Nation School Board By-Laws
Amendments to the active files list; Seconded by Kirby Metoxen. Motion carried.
10/17/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Jennifer Webster, Dale Webster (ONCOA), Marlene Summers (ONCOA), Lois
Strong (ONCOA), Sandra Reveles (OPC), Carol Silva (OPC), Brooke Doxtator
(OBCSO), Bonnie Pigman (OTEC), Chad Wilson (ERB), Dylan Benton (OTEC/
Library), Chris Cornelius (OLC). Per resolution BC-09-26-18-C, adopting the
amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
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and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the first of the two informational meetings.
10/24/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Clorissa Santiago, Donald McLester (OLC), Chris Cornelius (OLC), Ronald King, Jr.
(PFSC), Jeanette Ninham (PFSC), Vicki Cornelius (OEB & Pow-wow), Bonnie
Pigman (OTEC), Lisa Liggins (School Board & OTEC), Rochelle Powless (ONCOA),
Terry Hetzel (HRD), Patty Hoeft (Oneida Law Office), Brooke Doxtator (OBCSO),
Arthur Elm (SEOTS), Diane Hill (SEOTS). Per resolution BC-09-26-18-C, adopting
the amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the second of the two informational meetings.
1/31/19:
LOC Work Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
David P. Jordan, Daniel Guzman-King, Kirby Metoxen, Jennifer Webster. The
purpose of this meeting was to discuss the progress, in general, of the Nation’s boards,
committees and commissions on getting their bylaws amended and their likelihood of
meeting the March 26, 2019 deadline set forth in resolution BC-09-26-18-C to present
their bylaws to the Oneida Business Committee for adoption. Based on the discussion,
a decision was made to have the LOC draft a memorandum to the Oneida Business
Committee seeking an extension of the March 26, 2019 deadline for all boards,
committees and commissions to present their bylaws amendments to the Oneida
Business Committee for adoption.
2/6/19 LOC: Motion by Jennifer Webster to approve the memorandum from Chairman David P.
Jordan to the Oneida Business Committee seeking an extension of the March 26, 2019
bylaws amendments deadline and to forward the memorandum to the Oneida Business
Committee to be placed on the February 13, 2019 Oneida Business Committee
meeting agenda for consideration; Seconded by Kirby Metoxen. Motion carried.
2/22/19:
OBC Work Session. Present: Jennifer Falck, Kristen M. Hooker, Lisa Summers,
Daniel Guzman-King, Jennifer Webster, Tehassi Hill, Brandon Stevens, Trish King,
David P. Jordan, Kirby Metoxen. The purpose of this meeting was to discuss the
February 13, 2019 memo from the LOC Chairman to the OBC regarding Amendments
to Boards, Committees and Commissions By-Laws Timeline in which it requested an
extension of the deadline for submitting bylaws to the OBC for adoption. During the
meeting, the LRO Staff Attorney assigned this item provided a status update on the
progress of the boards, committees and commissions on the amending of their bylaws
to comply with the Boards, Committees and Commissions law within the six (6)
month deadline imposed by resolution BC-09-26-18-C. The OBC decided not to grant
an extension of the six (6) month deadline. Instead, the OBC directed the LRO to
continue pushing the bylaws forward and to return to the March 19, 2019 OBC work
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session to provide a progress report on the boards, committees and commissions’
bylaws amendments.
3/19/19:
OBC Work Session. Present: Lisa Summers, Patricia King, Brandon Stevens, David P.
Jordan, Daniel Guzman-King, Jo Anne House, Jennifer Falck, Clorissa Santiago,
Kristen M. Hooker, Lisa Liggins, Cathy Bachhuber. The purpose of this OBC work
session was for the Legislative Reference Office Staff Attorney to provide the OBC
with a status update on the progress made by the boards, committees and commissions
on the amending of their bylaws to conform to the Boards, Committees and
Commissions law. Based on the update and the discussion that followed, the OBC: (1)
decided to grant an exception to the March 26, 2019 deadline set forth in resolution
BC-09-26-19-C for the Nation’s boards, committees and commissions to present their
bylaws to the OBC for adoption; and (2) directed the LRO to draft a memo for the
next LOC meeting to be forwarded to the OBC indicating the same.
*During its subsequent review of the Oneida Gaming Commission’s proposed
bylaws amendments, the OBC decided to add the following requirements to all
of the boards, committees and commissions’ bylaws amendments: (1) that, the
recommendations for termination be by a majority vote of the members in
attendance at a meeting of the entity’s established quorum; (2) that, notice of
meetings be provided to all members of the entity without exception (per
request of LOC that all meetings be duly called); (3) that, the sign-off level for
all entities, not assigned a specific level therein, be the same as the Area
Director/Enterprise Director level set forth in the Nation’s purchasing
manual, and that, two (2) of the entity’s Officers be required to sign-off on all
such purchases; (4) that, under the “Selection of Officers” section, a provision
be added (as its own separate subsection) to allow members to be dismissed
(not removed as initially proposed) from their Officer positions by a simple
majority vote of the entity; (5) that, the entities review their bylaws each time
a vacancy is filled by a new member; (6) that, stipend amounts not be listed in
the entity’s bylaws; and (7) that, assuming its adoption, the resolution
governing joint meetings be referenced in the joint meeting section of the
entity’s bylaws.
3/20/19 LOC: Motion by Ernest Stevens III to approve the Boards, Committees and Commissions
Bylaws Update Memo and forward to the Oneida Business Committee; Seconded by
Daniel Guzman-King. Motion carried.
3/27/19 OBC: Motion by Lisa Summers to grant the seventeen (17) entities that have begun the
process of amending their bylaws to conform to the Boards, Committees and
Commissions law, an exception to the March 26, 2019, deadline set forth in resolution
BC-09-26-18-C for presenting bylaws amendments to the Business Committee for
adoption; Seconded by David P. Jordan. Motion carried.
4/16/19:
OBC Work Session. Present: Daniel Guzman-King, David P. Jordan, Trish King,
Brandon Stevens, Ernest Stevens III, Lisa Summers, Jo Anne House, Lisa Liggins,
Kristen M. Hooker, Clorissa Santiago. The purpose of this OBC work session was to
review the Election Board’s bylaws amendments. During this meeting, the OBC also
decided that all boards, committees and commissions must add the word “titled” next
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to the name of the purchasing manual they are required to reference in the “sign-off”
section of their bylaws to provide clarification on why the term “Oneida Tribe of
Indians” is being used instead of the “Nation”.
5/1/19:
LOC Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III,
Jennifer Webster, Kristen M. Hooker, Brandon Wisneski, Jennifer Falck, Clorissa
Santiago, Maureen Perkins. The purpose of this meeting was to discuss some of the
hurdles the LRO has encountered under the current bylaws amendments process and
to consider whether a more efficient process should be implemented to get the
Nation’s boards, committees and commissions’ bylaws amendments before the
Oneida Business Committee for adoption.
7/29/19-7/30/19: OBC Work Session. Present: Daniel Guzman-King, David P. Jordan, Trish King,
Brandon Stevens (7/29 only), Ernest Stevens III, Kirby Metoxen, Jennifer Webster,
Tehassi Hill (7/29 only), Kristen Hooker, Jennifer Falck, Maureen Perkins, Brooke
Doxtator, Laura Laitinen-Warren. The purpose of this work session was to provide the
OBC an opportunity to review and consider all drafts of the Boards, Committees and
Commissions’ bylaws amendments in advance of being added to the OBC agenda for
formal consideration and possible adoption.
10/2/19 LOC: Motion by Daniel Guzman King to accept the Oneida Nation School Board Bylaws
Amendments and forward to the Oneida Business Committee for consideration;
seconded by Kirby Metoxen. Motion carried unanimously.
10/9/19 OBC: Motion by Brandon Stevens to approve the Oneida Nation School Board bylaws,
seconded by Ernie Stevens III. Motion withdrawn.
Motion by Jennifer Webster to defer the Oneida Nation School Board bylaws to the
November 26, 2019, regular Business Committee meeting agenda, seconded by
Kirby Metoxen. Motion carried:
Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present: Trish King
07/02/20:
Work Group Meeting (via Microsoft Teams). Present: Lisa Liggins and Kristen
Hooker. The purpose of this meeting was to discuss the status of the School Board’s
bylaws amendments and the process moving forward. The next step is for the School
Board to send its responses to the most current draft of the amendments to the drafting
attorney for review and further discussion with the LOC.
08/13/20:
LOC Work Session (via Microsoft Teams). Present: Clorissa Santiago, Kristen Hooker,
Jennifer Webster, Kirby Metoxen, Daniel Guzman King. The purpose of this meeting
was to go through the updated draft of the amendments to the Oneida Nation School
Board Bylaws, which reflect the changes requested by the School Board, as well as
the changes made pursuant to the most current version of the Boards, Committees and
Commissions law.
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Next Steps:
▪ Accept the Oneida Nation School Board Bylaws Amendments.
▪ Forward the Oneida Nation School Board Bylaws Amendments to the Oneida Business
Committee for consideration.
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A good mind. A good heart. A strong fire.
~
ONEIDA
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ONEIDA NATION SCHOOL BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation School Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation School Board was established in 1977 by the Oneida
General Tribal Council.
1-3.
Authority.
(a)
(b)
Purpose. The Board was established to coordinate existing and future
education programs of the Oneida Nation; per directive of the Oneida
General Tribal Council, to be an autonomous administrator of the Oneida
Nation School System (“System”) under a Memorandum of Agreement
with the Oneida Business Committee; and to administer the Oneida Nation
School System Endowment in accordance with the Nation’s Endowments
law as authorized under resolution BC-02-27-19-B.
Powers and Duties. In accordance with the Oneida General Tribal Council’s
directive, on March 21, 1988, the Board entered into a Memorandum of
Agreement (“MOA”) with the Oneida Business Committee, delegating
certain powers and duties to the Board, which, subject to amendment from
time-to-time hereafter, include, but are not limited to:
(1)
Overseeing and planning, in coordination with the Oneida Business
Committee, for the academic and cultural growth of the students
within the System;
(2)
Monitoring school operations and development, ensuring their
compliance with sound academic practice and consistency with
community priorities, as well as the Nation’s initiatives and
planning;
(3)
Approving all curriculum developed and implemented for use
within the System, ensuring quality academic instruction that
incorporates Oneida cultural tenets;
(4)
Providing direct involvement in the process of personnel matters, as
prescribed in the MOA, to be consistent with the Nation’s Personnel
Policies and Procedures so as to ensure the maintenance of quality
staff and policy benefiting the harmony of the staff and ultimately
the students within the System;
(5)
Reviewing, endorsing and submitting all contracts, grants, and
proposals relative to the System’s operation and planning consistent
with the Nation’s policies and procedures, as well as the System’s
funding cycles, by ensuring a level of funding that corresponds with
the System’s developmental and operational needs;
(6)
Meeting with the Oneida Business Committee to negotiate any
disputes which may arise between the Oneida Business Committee
and the Board;
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(7)
(c)
Monitoring long and short-range educational programming for the
students attending Nation-specific programs of study; and
(8)
Developing and maintaining consistent procedures to be employed
as it carries out its charge to the Oneida General Tribal Council and
the Oneida Nation School System.
The Board shall adhere to the laws of the Nation when exercising the
authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties
delegated to the Board through the laws, policies, rules and resolutions of
the Nation in a manner consistent therewith.
1-4.
Office.
The official mailing address of the Oneida Nation School Board is:
Oneida Nation School Board
P.O. Box 365
Oneida, WI 54155-0365
1-5.
Membership.
(a)
Number of Members. The Oneida Nation School Board shall be comprised
of nine (9) members.
(b)
Elected. Members of the Board shall be chosen by election to three (3) year
staggered terms in accordance with any laws and/or policies of the Nation
governing elections.
(1)
Members of the Board shall hold office until their term expires, they
resign, or they are terminated/removed from office.
(A)
A member whose term has expired may remain in office
until his or her successor is sworn in by the Oneida Business
Committee.
(B)
A member may resign at any time either verbally during a
Board meeting or by delivering written notice to the Oneida
Business Committee Support Office and the Board Chairperson or Chairperson’s designee.
(i)
A resignation is deemed effective upon acceptance
by Board motion of the member’s verbal resignation
or upon delivery of the written notices.
(c)
Vacancies. Vacancies of the Board shall be filled as follows:
(1)
Expired Terms. Vacancies caused by term expiration shall be filled
by election in accordance with any laws and/or policies of the Nation
governing elections to office.
(2)
Unexpired Terms. Vacancies that occur before the end of a term
shall be filled by appointment of the Oneida Business Committee
pursuant to the Boards, Committees and Commissions law.
(A)
The Board Chairperson shall provide the Oneida Business
Committee with recommendations on all applications for
appointment to fill a vacancy of an unexpired term byin
accordance with the
executive sessionsubmission deadline for the Oneida
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Business Committee in which the appointment is intended to
be
made.
(d)
Qualifications of Members. Members of the Board shall meet the following
qualifications:
(1)
Be at least eighteen (18) years of age;
(2)
Be enrolled members of the Oneida Nation;
(3)
FourAt least four (4) of the nine (9) members must be
parents/guardians
of a
student
attending enrolled in an educational program that qualifies under
the
Oneida Nation School System; and
(4)
Have passed an Annual Care Giver Background Check (State of
Wisconsin Form F-80264).
1-6.
Termination and Removal. A Board member found to be in violation of these bylaws or
any applicable law, policy and/or resolution of the Nation may be subject to
the following:
(a)
If the member was elected, the Board may direct the Chairperson to file a
petition for his or her removal on behalf of the Board pursuant to the
Removal law and/or any other law of the Nation governing the removal of
elected officials.
(b)
If the member was appointed, the Board may direct the Chairperson to
provide a recommendation to the Oneida Business Committee for his or her
termination in accordance with the Boards, Committees and Commissions
law and/or any other law of the Nation governing the termination of
appointed officials.
(c)
Petitions for removal and/or recommendations for termination shall be
decided by a majority vote of the Board members present at a meeting of an
established quorum.
1-7.
Trainings and Conferences. Board members shall attend the following mandatory trainings
and/or conferences:
(a)
As recommended by the Superintendent;
(b)
Bi-annual trainings/conferences with the Bureau of Indian Education;
(c)
Interview Certification from Oneida Nation; and/or
(d)
Disciplinary Action from Oneida Nation.
(e)
Regardless of the number of trainings/conferences that he or she is required
to attend, no member of the Board shall be eligible to receive stipends for
attending more than five (5) full days of mandatory trainings/conferences
per year.
Article II. Officers
2-1. Officers.
2-2.
The Officer positions for the Oneida Nation School Board shall consist of a
Chairperson, a Vice-Chairperson and a Secretary.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson shall be to:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
Call and preside over all regular meetings, emergency meetings and
hearings of the Board;
Represent the Board and the System at official functions;
Ensure that the Board complies in its charge to the Nation and the System;
Be an ex officio member of any committee established by the Board;
Carry out all general duties and powers assigned to the Board pursuant to
the Oneida Nation’s Constitution, any laws of the Nation and the most
current version of the MOA, which may be amended from time-to-time
hereafter;
Submit, or through a designee submit, annual and semi-annual reports to the
Oneida General Tribal Council, as well as quarterly reports to the Oneida
Business Committee, in accordance with the Boards, Committees and
Commissions law; and submit other reports as required by resolution BC02-27-19-B, the most current version of the MOA, and any other governing
law, policy or resolution of the Nation; and
Attend, or designate a member to attend, the Oneida Business Committee
meeting in which the Board’s quarterly report appears on the agenda.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson shall be to:
(a)
Act in replacement of the Board Chairperson should for any reason he or
she be unable to carry out the above prescribed powers and duties;
(b)
Chair ad hoc committees established by the Board; and
(c)
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary shall be to:
(a)
Act in the absence of the Chairperson and Vice-Chairperson in the carrying
out of their powers and duties;
(1)
With respect to calling or presiding over meetings of the Board, the
Secretary’s authority shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions have become vacant before the end of their terms,
the Secretary shall have the authority to call Board meetings
to fill the vacancies and to preside over those meetings for
the sole purpose of conducting an election of new Officers,
at which point the Chairperson, or Vice-Chairperson in the
absence of the Chairperson, shall preside.
(b)
Establish the agenda and provide notice of all meeting locations, agendas,
documents and minutes to all members of the Board, as well as the public,
in accordance with the Boards, Committees and Commissions law, the
Open Records and Open Meetings law, these bylaws, and the most current
version of the MOA;
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(c)
(d)
(e)
2-5.
to
Maintain accurate recording and presenting of all Board minutes and other
formal documents in accordance with the Boards, Committees and
Commissions law, the Open Records and Open Meetings law, these bylaws,
and the most current version of the MOA;
Work closely with System staff and/or the Oneida Business Committee
Support Office to ensure timely reporting of all Board actions; and
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
Selection of Officers. Officers of the Board shall be elected by a majority vote of the
members in attendancepresent at a Board meeting of an established quorum
terms of
one (1) year.
(a)
Officer elections shall occur at the first Board meeting of an established
quorum that takes place subsequent to an election of the Board members.
(b)
Board Officers shall hold their positions until the new Officers are elected.
(1)
Officers may be re-elected and there is no limitation upon the
number of times a member may run for an Officer position.
(2)
Board members shall not hold more than one (1) Officer position
per Officer term.
(c)
If for any reason, an Officer of the Board cannot fulfill the obligations of
his or her Officer position, upon majority vote of the members present at a
Board meeting of an established quorum, that member may be dismissed
from his or her Officer position and a new Officer shall be elected.
2-6.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Levels of budgetary sign-off authority for the Board shall be as set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies
and Procedures, for Divisional Directors/Tribal School Chairperson/Trust
Committee/Gaming Director.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests, except for the
following.
(A)
The Upon formal approval of a purchase by the Board, the
Oneida Business Committee Support Office shall have
official budgetary sign-off
authority over requests for stipends, travel per diem
and business
expense reimbursement.the Board.
(b)
Travel on behalf of the Board for any member shall be approved by majority
vote of the members in attendancepresent at a regular or emergency Board
meeting
of an
established quorum.
2-7.
Personnel.
Commencing on the date these bylaws are adopted by the Oneida Business
Committee and from that point forward, the Board shall not have authority
to hire personnel for the benefit of the Board.
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(a)
(b)
(c)
The Board shall have authority to be involved in the hiring of personnel for
the System so long as conducted in accordance with the most current
version of the MOA, the Nation’s Personnel Policies and Procedures, and
any applicable accounting policies/procedures of the Nation.
The Board shall have authority, at its discretion, to hire consultants and
other resource persons to help carry out the stated purposes and goals of the
System, subject to the following:
(1)
The Superintendent shall assist the Board with establishing criteria
for the hiring of consultants/resource persons and, when appropriate,
provide selection recommendations to the Board.
(2)
Consultants/resource persons shall be hired under formal contract
per the process set forth in the most current version of the MOA and
consistent with the policies and procedures of the Nation.
Where issues arise between the Board and individuals/entities other than the
Oneida Business Committee, the Board shall have the authority to avail
itself of legal counsel per the Request for Proposal (“RFP”) process set by
the Nation’s competitive bidding/purchasing policies and procedures, to
protect the powers and responsibilities delegated to the Board by the Oneida
General Tribal Council.
(1)
Prior to commencing with the RFP process to retain outside counsel,
the Board shall be required to avail itself of counsel through the
Oneida Law Office; provided, it is capable and willing to supply the
Board with the necessary legal services.
Article III. Meetings
3-1. Regular Meetings. Meetings of the Board shall be held at 5:00 p.m. on the first and third
Monday of
each month in the Oneida Nation Elementary
School, located at
N7125
Seminary
Road in Oneida, Wisconsin. Meetings may be attended in
person, by telephone,
through videoconferencing, or through other
telecommunications so long as presence is demonstrated in accordance with
the Boards, Committees and Commissions law.
(a)
The meetings date, time and/or location may change from time-to-time as
determined by a majority vote of the members present at a Board meeting
of an established quorum; provided, notice is given to all members in
writing and, along with the public, in accordance with the Nation’s Open
Records and Open Meetings law, prior to the implementation of a new date,
time and/or location.
(b)
The agenda for regular meetings shall be established by the Secretary, or
Secretary’s designee, in accordance with these bylaws.
(1)
Board members and other persons wishing to have items placed on
the agenda should submit the item to the Secretary, or Secretary’s
designee.
(2)
Items should be submitted at least ten (10) days prior to the next
regular meeting.
(c)
Action items shall be incorporated into the School Superintendent’s report.
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(d)
3-2.
The Secretary or Secretary’s designee shall prepare the meeting agenda,
minutes and other appropriate documentation for action items; mail or email
them to each Board member, along with the Superintendent, at least seven
(7) days before a regular meeting date; and further provide them to all
members, as well as the public, in accordance with the Nation’s Open
Records and Open Meetings law.
(1)
Any email correspondence to Board members must be sent to the
official Oneida Nation email address that was provided to them to
conduct business electronically on behalf of the Board (“Official
Email”).
Emergency Meetings.
(a)
An emergency meeting may be called when there is an imminent issue that
needs to be addressed by the Board before its next scheduled meeting.
Emergency meetings may be attended in person, by telephone, through
videoconferencing, or through other telecommunications so long as
presence is demonstrated in accordance with the Boards, Committees and
Commissions law.
(1)
The Board is delegated the authority to represent the parents and the
Oneida General Tribal Council in the conducting of System related
business. Under certain governmental and other System related
agreements, some contractors require periodic meetings that require
parent representation. This constitutes an imminent issue for which
an emergency meeting may be called when necessary to satisfy the
Board’s contractual obligations.
(A)
Meetings to fulfill contractual obligations may be held on the
evenings of regular Board meetings or may be separately
scheduled. In either case, along with the notice required in
subsection (c) of this section if the meeting was called as an
emergency or in section 3-1(d) if called as part of a regular
meeting, the Secretary or Secretary’s designee must provide
notice to all groups identified by the contractor as set forth
within the contract, or in writing if not set by contract, and
to all parents through the school newsletter, as well as the
Kalihwisaks.
(b)
Emergency meetings may be called by the Chairperson and upon request of
a Board member or System administrator.
(1)
Board members or System administrators shall contact the Board’s
Chairperson or Vice-Chairperson to request an emergency meeting.
(A)
The Chairperson, or when he or she cannot be reached, the
Vice-Chairperson shall determine whether the basis for the
Board member’s or System administrator’s request justifies
scheduling an emergency meeting.
(c)
The Chairperson or Chairperson’s designee shall provide notice of
emergency meetings to all Board members by telephone call, as well as via
their Official Email, and to the System administration at least twenty-four
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(d)
(24) hours in advance of the meeting; and shall further provide notice to all
Board members and the rest of the public in accordance with the Nation’s
Open Records and Open Meetings law.
(A)
The notice shall state the emergency matter or matters to be
addressed.
(B)
The agenda for emergency meetings shall consist of only those items
of business for which the meeting was called.
(i)
During the emergency meeting, the Board may engage in
discussion of matters other than those specified on the
agenda; however, formal action may only be taken on the
agenda items for which the emergency meeting was called.
Within seventy-two (72) hours after an emergency meeting, the Board shall
provide the Nation’s Secretary with notice of the emergency meeting, the
reason for the emergency meeting, and an explanation as to why the matter
could not wait until the next regular meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee may be held in the
Oneida Business Committee Conference Room of the Norbert Hill Center,
at the request of either entity, on an as needed basis, and per the approval of
the Oneida Business Committee. Joint meetings may be attended in person,
by telephone, through videoconferencing, or through other telecommunications so long as presence is demonstrated in accordance with the
Boards, Committees and Commissions law.
(a)
Notice of the joint meeting agenda, documents, and minutes shall be
provided, and the joint meeting conducted, in accordance with resolution
BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with
Boards, Committees and Commissions – Definitions and Impact, as may be
amended from time to time hereafter.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
Call to Order
(b)
Adopt the Agenda
(c)
Approval of Minutes
(d)
Old Business
(e)
New Business
(f)
Reports
(g)
Other Business
(h)
Executive Session
(i)
Adjournment
A quorum of the Board shall consist of a majority of the current members,
one of whom must be the Chairperson, Vice-Chairperson or Secretary;
provided, the Secretary is presiding over the meeting in accordance with
section 2-4(a)(1)(A).
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3-6.
Voting.
Decisions of the Board shall be based on a majority vote of members in
attendance present
at a regular or emergency meeting of
an established quorum.
(a)
All members of the Board shall have one equal vote.
(1)
In all matters requiring a vote of the Board, the Chairperson, or in
the absence of the Chairperson, the presiding Officer, shall call for
a vote of the membership.
(A)
All members, excluding the presiding Officer, shall vote or
enter an abstention.
(B)
In the event of a deadlock, the Chairperson, or the presiding
Officer acting in his or her place, shall vote to break the
deadlock.
(b)
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Chairperson shall appoint either the Vice-Chairperson or
Secretary to serve as the designee responsible for conducting e-polls
in lieu of the Chairperson.
Article IV. Expectations
4-1. Behavior of Members. The Board has a moral duty and responsibility to the System, the
community, and the students. In the carrying-out of that responsibility,
members of the Board are expected to adhere to the following principles of
conduct:
(a)
Individual Board members shall not intervene in the orderly process of
System administration and governance. Concerns over policy or personnel
matters shall be addressed through the application of the principles set out
in the most current version of the MOA and consistent with the Nation’s
Personnel Policies and Procedures.
(b)
The Board shall act only at duly authorized meetings with at least a quorum
present to conduct business and develop policy for the System. All the
Board's actions shall be within the charge granted to the Board by the
Oneida General Tribal Council, the most current version of the MOA, and
any other applicable laws, polices and/or resolutions of the Nation.
(1)
Members of the Board shall not speak or act on behalf of the Board
unless the Board has specifically authorized a member to speak or
act on its behalf by majority vote of the members present at a Board
meeting of an established quorum.
(c)
In any issues before the Board involving a Board member’s immediate
family member and potential nepotism, that Board member shall decline
comment and abstain from voting.
(1)
Immediate family member shall be as defined in the Nation’s
Conflict of Interest law.
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(d)
Board members must be apolitical in their charge to the community and the
students. Board members shall take no action to endorse or otherwise
support any candidate for any Tribal office or position.
(e)
While acting on behalf of the Board, members shall faithfully maintain the
principles of due process and assure that all sides have a legitimate hearing
in any issue brought before the Board.
(f)
Members of the Board will bargain in good faith with all employees of the
System.
(g)
Board members shall strictly adhere to the policies and procedures of the
System, the most current version of the MOA, as well as any other
applicable the laws, policies and resolutions of the Nation, and shall work
in consort for the positive growth of the System and for all of its students.
(h)
Board members shall notify a Board Officer of an absence and reason for
absence prior to the start of a meeting.
(1)
Board members shall not accrue three (3) consecutive unexcused
absences from meetings in a one (1) year period.
(A)
A member who fails to notify a Board Officer, in writing, of
his or her pending absence at least thirty (30) minutes before
the missed meeting shall be deemed unexcused.
(i)
Enforcement. Any member of the Board found to be in violation of this
section of the bylaws, another section of these bylaws or any other laws,
policies and/or resolutions of the Nation may be subject to the following:
(1)
Disciplinary action in accordance with any laws or policies of the
Nation governing sanctions and/or penalties for elected or appointed
officials.
(2)
If the member was appointed, the Board may make a
recommendation to the Oneida Business Committee for termination
of his or her appointment in accordance with the Boards,
Committees and Commissions law and/or any other law of the
Nation governing termination of appointed officials.
(3)
If the member was elected, the Board may direct the Chairperson to
file a petition for his or her removal in accordance with the Removal
law and/or any other laws or policies of the Nation governing
removal.
(4)
Enforcement hereunder shall be determined by a majority vote of
the members in attendancepresent at a Board meeting of an
established
quorum.
4-2.
Prohibition of Violence. Board members are prohibited from engaging in or committing
any violent intentional act that inflicts, attempts to inflict, or threatens to
inflict emotional or bodily harm on another person, or damage to property.
4-3.
Drug and Alcohol Use. When acting in their official capacity, the use of alcohol and/or
prohibited drugs by members of the Board is forbidden.
(a)
Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics,
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any other substances included in Schedules I though V under Section 812
of Title 21 of the United States Code, and prescription medication or overthe-counter medicine used in an unauthorized or unlawful manner.
4-4.
Social Media. Social media shall be used in accordance with the Board members’ oath of
office and any laws or policies of the Nation governing social media.
4-5.
Conflict of Interest. Conflicts of interest shall be reported and mitigated/removed in
accordance with any laws or policies of the Nation governing conflicts of
interest.
Article V. Stipends and Compensation
5-1. Stipends.
Members of the Board shall be eligible to receive the following stipends as
set forth in and subject to these bylaws; the Boards, Committees and
Commissions law; and resolution BC-05-08-19-B12-20-C titled, Amending
Resolution BC-09-26-18-DAmended Boards,
Committees and Commissions Law
Stipends, as may be further amended
from time-to-time hereafter:
(a)
Two (2No more than twenty-four (24) meeting stipends per monthfiscal
year, provided
that:
(1)
A quorum was established;
(2)
The meeting of the established quorum lasted for at least one (1)
hour; and
(3)
The member collecting the stipend was physically present for the
entire
meeting as defined, as
well as demonstrated, in accordance with the
Boards, Committees
and Commissions law.
(b)
A stipend for attending a duly called joint meeting between the Board and
the Oneida Business Committee, provided that:
(1)
A quorum was established by the Board;
(2)
The joint meeting lasted for at least one (1) hour; and
(3)
The member collecting the stipend was physically present for the
entire joint
meeting as defined, as
well as demonstrated, in accordance with the
Boards, Committees
and Commissions law.
(c)
A stipend for participating in interviews and/or job description pre-screens.
(d)
A stipend for conducting an official hearing of the Board.
(e)
A stipend for attending an Oneida Judiciary Hearing so long as the
member’s attendance is required by official subpoena.
(f)
A stipend for each day of attendance at a conference or training, provided
that:
(1)
The member attended a full day of training or was present at the
conference for a full day; and
(1)
The amount of the stipend a member is eligible to receive for
attending a conference or training shall be dependent on whether the
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(g)
5-2.
member attended up to four (4) hours of a conference or training or
more than four (4) hours of a conference or training; and
(2)
The member’s attendance at the training or conference was required
by law, bylaws or resolution.
To receive a stipend for attending any of the events described in 5-1(d) - (f),
members must obtain formal approval of eligibility from the Board and the
Oneida Business Committee prior to their attendance.
Compensation. Besides the travel, per diem and business expense reimbursement
authorized by the Boards, Committees and Commissions law, there are no
other forms of compensation that members are eligible to receive for the
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be maintained in a consistent format provided by the
Oneida Business Committee Support Office and approved by the Board.
6-2.
Minutes.
(a)
(b)
All meeting minutes shall be typed and in a consistent format designed by
the Oneida Business Committee, as approved by the Board, to generate the
most informative record.
Minutes must include a summary of the action taken by the Board.
Minutes shall be submitted to the Oneida Business Committee Support
Office within five (5) business days of approval by the Board.
6-3.
Attachments. Any handouts, attachments, reports, memoranda, and the like provided at a
Board meeting shall be included with their corresponding agenda and
minutes and maintained in accordance with the Nation’s Open Records and
Open Meetings law.
6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
Oneida Business Committee member who is its designated liaison.
(a)
The format and frequency of communication shall be as agreed upon by the
Board and the liaison through formal action of the Board, but not less than
that required in any law or policy on reporting developed by the Oneida
Business Committee or Oneida General Tribal Council.
(b)
The purpose of the liaison relationship is to uphold the ability of the liaison
to act as a support to the Oneida Nation School Board.
6-5.
Audio Recordings. All meetings of the Board shall be audio recorded by either the Oneida
Business Committee Support Office or designee of the Officer presiding
over the meeting using a device supplied by the Oneida Business
Committee Support Office.
(a)
The presiding Officer shall ensure each meeting is audio recorded.
(b)
Audio recordings shall be maintained by the Oneida Business Committee
Support Office in accordance with the Nation’s Open Records and Open
Meetings law.
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(1)
Exception. Audio recordings of executive session portions of a
meeting shall not be required.
Article VII. Amendments
7-1. Amendments. Amendments to these bylaws shall be approved by majority vote of the
members present at a regular Board meeting of an established quorum,
provided that written notice of the proposed amendments was made at a
prior regular meeting.
(a)
Amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other governing
policies of the Nation.
(b)
Amendments must be approved by the Board and the Oneida Business
Committee before implementation.
(c)
The Board shall conduct a review of these bylaws no less than on an annual
basis.
[Signature Block]
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ONEIDA NATION SCHOOL BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation School Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation School Board was established in 1977 by the Oneida
General Tribal Council.
1-3.
Authority.
(a)
(b)
Purpose. The Board was established to coordinate existing and future
education programs of the Oneida Nation; per directive of the Oneida
General Tribal Council, to be an autonomous administrator of the Oneida
Nation School System (“System”) under a Memorandum of Agreement
with the Oneida Business Committee; and to administer the Oneida Nation
School System Endowment in accordance with the Nation’s Endowments
law as authorized under resolution BC-02-27-19-B.
Powers and Duties. In accordance with the Oneida General Tribal Council’s
directive, on March 21, 1988, the Board entered into a Memorandum of
Agreement (“MOA”) with the Oneida Business Committee, delegating
certain powers and duties to the Board, which, subject to amendment from
time-to-time hereafter, include, but are not limited to:
(1)
Overseeing and planning, in coordination with the Oneida Business
Committee, for the academic and cultural growth of the students
within the System;
(2)
Monitoring school operations and development, ensuring their
compliance with sound academic practice and consistency with
community priorities, as well as the Nation’s initiatives and
planning;
(3)
Approving all curriculum developed and implemented for use
within the System, ensuring quality academic instruction that
incorporates Oneida cultural tenets;
(4)
Providing direct involvement in the process of personnel matters, as
prescribed in the MOA, to be consistent with the Nation’s Personnel
Policies and Procedures so as to ensure the maintenance of quality
staff and policy benefiting the harmony of the staff and ultimately
the students within the System;
(5)
Reviewing, endorsing and submitting all contracts, grants, and
proposals relative to the System’s operation and planning consistent
with the Nation’s policies and procedures, as well as the System’s
funding cycles, by ensuring a level of funding that corresponds with
the System’s developmental and operational needs;
(6)
Meeting with the Oneida Business Committee to negotiate any
disputes which may arise between the Oneida Business Committee
and the Board;
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(7)
(c)
Monitoring long and short-range educational programming for the
students attending Nation-specific programs of study; and
(8)
Developing and maintaining consistent procedures to be employed
as it carries out its charge to the Oneida General Tribal Council and
the Oneida Nation School System.
The Board shall adhere to the laws of the Nation when exercising the
authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties
delegated to the Board through the laws, policies, rules and resolutions of
the Nation in a manner consistent therewith.
1-4.
Office.
The official mailing address of the Oneida Nation School Board is:
Oneida Nation School Board
P.O. Box 365
Oneida, WI 54155-0365
1-5.
Membership.
(a)
Number of Members. The Oneida Nation School Board shall be comprised
of nine (9) members.
(b)
Elected. Members of the Board shall be chosen by election to three (3) year
staggered terms in accordance with any laws and/or policies of the Nation
governing elections.
(1)
Members of the Board shall hold office until their term expires, they
resign, or they are terminated/removed from office.
(A)
A member whose term has expired may remain in office
until his or her successor is sworn in by the Oneida Business
Committee.
(B)
A member may resign at any time either verbally during a
Board meeting or by delivering written notice to the Oneida
Business Committee Support Office and the Board Chairperson or Chairperson’s designee.
(i)
A resignation is deemed effective upon acceptance
by Board motion of the member’s verbal resignation
or upon delivery of the written notices.
(c)
Vacancies. Vacancies of the Board shall be filled as follows:
(1)
Expired Terms. Vacancies caused by term expiration shall be filled
by election in accordance with any laws and/or policies of the Nation
governing elections to office.
(2)
Unexpired Terms. Vacancies that occur before the end of a term
shall be filled by appointment of the Oneida Business Committee
pursuant to the Boards, Committees and Commissions law.
(A)
The Board Chairperson shall provide the Oneida Business
Committee with recommendations on all applications for
appointment to fill a vacancy of an unexpired term in
accordance with the submission deadline for the Oneida
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(d)
Business Committee in which the appointment is intended to
be made.
Qualifications of Members. Members of the Board shall meet the following
qualifications:
(1)
Be at least eighteen (18) years of age;
(2)
Be enrolled members of the Oneida Nation;
(3)
At least four (4) of the nine (9) members must be parents/guardians
of a student enrolled in an educational program that qualifies under
the Oneida Nation School System; and
(4)
Have passed an Annual Care Giver Background Check (State of
Wisconsin Form F-80264).
1-6.
Termination and Removal. A Board member found to be in violation of these bylaws or
any applicable law, policy and/or resolution of the Nation may be subject to
the following:
(a)
If the member was elected, the Board may direct the Chairperson to file a
petition for his or her removal on behalf of the Board pursuant to the
Removal law and/or any other law of the Nation governing the removal of
elected officials.
(b)
If the member was appointed, the Board may direct the Chairperson to
provide a recommendation to the Oneida Business Committee for his or her
termination in accordance with the Boards, Committees and Commissions
law and/or any other law of the Nation governing the termination of
appointed officials.
(c)
Petitions for removal and/or recommendations for termination shall be
decided by a majority vote of the Board members present at a meeting of an
established quorum.
1-7.
Trainings and Conferences. Board members shall attend the following mandatory trainings
and/or conferences:
(a)
As recommended by the Superintendent;
(b)
Bi-annual trainings/conferences with the Bureau of Indian Education;
(c)
Interview Certification from Oneida Nation; and/or
(d)
Disciplinary Action from Oneida Nation.
(e)
Regardless of the number of trainings/conferences that he or she is required
to attend, no member of the Board shall be eligible to receive stipends for
attending more than five (5) full days of mandatory trainings/conferences
per year.
Article II. Officers
2-1. Officers.
2-2.
The Officer positions for the Oneida Nation School Board shall consist of a
Chairperson, a Vice-Chairperson and a Secretary.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson shall be to:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
Call and preside over all regular meetings, emergency meetings and
hearings of the Board;
Represent the Board and the System at official functions;
Ensure that the Board complies in its charge to the Nation and the System;
Be an ex officio member of any committee established by the Board;
Carry out all general duties and powers assigned to the Board pursuant to
the Oneida Nation’s Constitution, any laws of the Nation and the most
current version of the MOA, which may be amended from time-to-time
hereafter;
Submit, or through a designee submit, annual and semi-annual reports to the
Oneida General Tribal Council, as well as quarterly reports to the Oneida
Business Committee, in accordance with the Boards, Committees and
Commissions law; and submit other reports as required by resolution BC02-27-19-B, the most current version of the MOA, and any other governing
law, policy or resolution of the Nation; and
Attend, or designate a member to attend, the Oneida Business Committee
meeting in which the Board’s quarterly report appears on the agenda.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson shall be to:
(a)
Act in replacement of the Board Chairperson should for any reason he or
she be unable to carry out the above prescribed powers and duties;
(b)
Chair ad hoc committees established by the Board; and
(c)
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary shall be to:
(a)
Act in the absence of the Chairperson and Vice-Chairperson in the carrying
out of their powers and duties;
(1)
With respect to calling or presiding over meetings of the Board, the
Secretary’s authority shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions have become vacant before the end of their terms,
the Secretary shall have the authority to call Board meetings
to fill the vacancies and to preside over those meetings for
the sole purpose of conducting an election of new Officers,
at which point the Chairperson, or Vice-Chairperson in the
absence of the Chairperson, shall preside.
(b)
Establish the agenda and provide notice of all meeting locations, agendas,
documents and minutes to all members of the Board, as well as the public,
in accordance with the Boards, Committees and Commissions law, the
Open Records and Open Meetings law, these bylaws, and the most current
version of the MOA;
(c)
Maintain accurate recording and presenting of all Board minutes and other
formal documents in accordance with the Boards, Committees and
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(d)
(e)
Commissions law, the Open Records and Open Meetings law, these bylaws,
and the most current version of the MOA;
Work closely with System staff and/or the Oneida Business Committee
Support Office to ensure timely reporting of all Board actions; and
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-5.
Selection of Officers. Officers of the Board shall be elected by a majority vote of the
members present at a Board meeting of an established quorum to terms of
one (1) year.
(a)
Officer elections shall occur at the first Board meeting of an established
quorum that takes place subsequent to an election of the Board members.
(b)
Board Officers shall hold their positions until the new Officers are elected.
(1)
Officers may be re-elected and there is no limitation upon the
number of times a member may run for an Officer position.
(2)
Board members shall not hold more than one (1) Officer position
per Officer term.
(c)
If for any reason, an Officer of the Board cannot fulfill the obligations of
his or her Officer position, upon majority vote of the members present at a
Board meeting of an established quorum, that member may be dismissed
from his or her Officer position and a new Officer shall be elected.
2-6.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Levels of budgetary sign-off authority for the Board shall be as set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies
and Procedures, for Divisional Directors/Tribal School Chairperson/Trust
Committee/Gaming Director.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests.
(A)
Upon formal approval of a purchase by the Board, the
Oneida Business Committee Support Office shall have
official budgetary sign-off authority for the Board.
(b)
Travel on behalf of the Board for any member shall be approved by majority
vote of the members present at a regular or emergency Board meeting of an
established quorum.
2-7.
Personnel.
(a)
Commencing on the date these bylaws are adopted by the Oneida Business
Committee and from that point forward, the Board shall not have authority
to hire personnel for the benefit of the Board.
The Board shall have authority to be involved in the hiring of personnel for
the System so long as conducted in accordance with the most current
version of the MOA, the Nation’s Personnel Policies and Procedures, and
any applicable accounting policies/procedures of the Nation.
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(b)
(c)
The Board shall have authority, at its discretion, to hire consultants and
other resource persons to help carry out the stated purposes and goals of the
System, subject to the following:
(1)
The Superintendent shall assist the Board with establishing criteria
for the hiring of consultants/resource persons and, when appropriate,
provide selection recommendations to the Board.
(2)
Consultants/resource persons shall be hired under formal contract
per the process set forth in the most current version of the MOA and
consistent with the policies and procedures of the Nation.
Where issues arise between the Board and individuals/entities other than the
Oneida Business Committee, the Board shall have the authority to avail
itself of legal counsel per the Request for Proposal (“RFP”) process set by
the Nation’s competitive bidding/purchasing policies and procedures, to
protect the powers and responsibilities delegated to the Board by the Oneida
General Tribal Council.
(1)
Prior to commencing with the RFP process to retain outside counsel,
the Board shall be required to avail itself of counsel through the
Oneida Law Office; provided, it is capable and willing to supply the
Board with the necessary legal services.
Article III. Meetings
3-1. Regular Meetings. Meetings of the Board shall be held at 5:00 p.m. on the first and third
Monday of each month in the Oneida Nation Elementary School, located at
N7125 Seminary Road in Oneida, Wisconsin. Meetings may be attended in
person, by telephone, through videoconferencing, or through other
telecommunications so long as presence is demonstrated in accordance with
the Boards, Committees and Commissions law.
(a)
The meetings date, time and/or location may change from time-to-time as
determined by a majority vote of the members present at a Board meeting
of an established quorum; provided, notice is given to all members in
writing and, along with the public, in accordance with the Nation’s Open
Records and Open Meetings law, prior to the implementation of a new date,
time and/or location.
(b)
The agenda for regular meetings shall be established by the Secretary, or
Secretary’s designee, in accordance with these bylaws.
(1)
Board members and other persons wishing to have items placed on
the agenda should submit the item to the Secretary, or Secretary’s
designee.
(2)
Items should be submitted at least ten (10) days prior to the next
regular meeting.
(c)
Action items shall be incorporated into the School Superintendent’s report.
(d)
The Secretary or Secretary’s designee shall prepare the meeting agenda,
minutes and other appropriate documentation for action items; mail or email
them to each Board member, along with the Superintendent, at least seven
(7) days before a regular meeting date; and further provide them to all
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members, as well as the public, in accordance with the Nation’s Open
Records and Open Meetings law.
(1)
Any email correspondence to Board members must be sent to the
official Oneida Nation email address that was provided to them to
conduct business electronically on behalf of the Board (“Official
Email”).
3-2.
Emergency Meetings.
(a)
An emergency meeting may be called when there is an imminent issue that
needs to be addressed by the Board before its next scheduled meeting.
Emergency meetings may be attended in person, by telephone, through
videoconferencing, or through other telecommunications so long as
presence is demonstrated in accordance with the Boards, Committees and
Commissions law.
(1)
The Board is delegated the authority to represent the parents and the
Oneida General Tribal Council in the conducting of System related
business. Under certain governmental and other System related
agreements, some contractors require periodic meetings that require
parent representation. This constitutes an imminent issue for which
an emergency meeting may be called when necessary to satisfy the
Board’s contractual obligations.
(A)
Meetings to fulfill contractual obligations may be held on the
evenings of regular Board meetings or may be separately
scheduled. In either case, along with the notice required in
subsection (c) of this section if the meeting was called as an
emergency or in section 3-1(d) if called as part of a regular
meeting, the Secretary or Secretary’s designee must provide
notice to all groups identified by the contractor as set forth
within the contract, or in writing if not set by contract, and
to all parents through the school newsletter, as well as the
Kalihwisaks.
(b)
Emergency meetings may be called by the Chairperson and upon request of
a Board member or System administrator.
(1)
Board members or System administrators shall contact the Board’s
Chairperson or Vice-Chairperson to request an emergency meeting.
(A)
The Chairperson, or when he or she cannot be reached, the
Vice-Chairperson shall determine whether the basis for the
Board member’s or System administrator’s request justifies
scheduling an emergency meeting.
(c)
The Chairperson or Chairperson’s designee shall provide notice of
emergency meetings to all Board members by telephone call, as well as via
their Official Email, and to the System administration at least twenty-four
(24) hours in advance of the meeting; and shall further provide notice to all
Board members and the rest of the public in accordance with the Nation’s
Open Records and Open Meetings law.
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(A)
(d)
The notice shall state the emergency matter or matters to be
addressed.
(B)
The agenda for emergency meetings shall consist of only those items
of business for which the meeting was called.
(i)
During the emergency meeting, the Board may engage in
discussion of matters other than those specified on the
agenda; however, formal action may only be taken on the
agenda items for which the emergency meeting was called.
Within seventy-two (72) hours after an emergency meeting, the Board shall
provide the Nation’s Secretary with notice of the emergency meeting, the
reason for the emergency meeting, and an explanation as to why the matter
could not wait until the next regular meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee may be held in the
Oneida Business Committee Conference Room of the Norbert Hill Center,
at the request of either entity, on an as needed basis, and per the approval of
the Oneida Business Committee. Joint meetings may be attended in person,
by telephone, through videoconferencing, or through other telecommunications so long as presence is demonstrated in accordance with the
Boards, Committees and Commissions law.
(a)
Notice of the joint meeting agenda, documents, and minutes shall be
provided, and the joint meeting conducted, in accordance with resolution
BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with
Boards, Committees and Commissions – Definitions and Impact, as may be
amended from time to time hereafter.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
Call to Order
(b)
Adopt the Agenda
(c)
Approval of Minutes
(d)
Old Business
(e)
New Business
(f)
Reports
(g)
Other Business
(h)
Executive Session
(i)
Adjournment
3-6.
Voting.
(a)
A quorum of the Board shall consist of a majority of the current members,
one of whom must be the Chairperson, Vice-Chairperson or Secretary;
provided, the Secretary is presiding over the meeting in accordance with
section 2-4(a)(1)(A).
Decisions of the Board shall be based on a majority vote of members present
at a regular or emergency meeting of an established quorum.
All members of the Board shall have one equal vote.
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(1)
(b)
In all matters requiring a vote of the Board, the Chairperson, or in
the absence of the Chairperson, the presiding Officer, shall call for
a vote of the membership.
(A)
All members, excluding the presiding Officer, shall vote or
enter an abstention.
(B)
In the event of a deadlock, the Chairperson, or the presiding
Officer acting in his or her place, shall vote to break the
deadlock.
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Chairperson shall appoint either the Vice-Chairperson or
Secretary to serve as the designee responsible for conducting e-polls
in lieu of the Chairperson.
Article IV. Expectations
4-1. Behavior of Members. The Board has a moral duty and responsibility to the System, the
community, and the students. In the carrying-out of that responsibility,
members of the Board are expected to adhere to the following principles of
conduct:
(a)
Individual Board members shall not intervene in the orderly process of
System administration and governance. Concerns over policy or personnel
matters shall be addressed through the application of the principles set out
in the most current version of the MOA and consistent with the Nation’s
Personnel Policies and Procedures.
(b)
The Board shall act only at duly authorized meetings with at least a quorum
present to conduct business and develop policy for the System. All the
Board's actions shall be within the charge granted to the Board by the
Oneida General Tribal Council, the most current version of the MOA, and
any other applicable laws, polices and/or resolutions of the Nation.
(1)
Members of the Board shall not speak or act on behalf of the Board
unless the Board has specifically authorized a member to speak or
act on its behalf by majority vote of the members present at a Board
meeting of an established quorum.
(c)
In any issues before the Board involving a Board member’s immediate
family member and potential nepotism, that Board member shall decline
comment and abstain from voting.
(1)
Immediate family member shall be as defined in the Nation’s
Conflict of Interest law.
(d)
Board members must be apolitical in their charge to the community and the
students. Board members shall take no action to endorse or otherwise
support any candidate for any Tribal office or position.
(e)
While acting on behalf of the Board, members shall faithfully maintain the
principles of due process and assure that all sides have a legitimate hearing
in any issue brought before the Board.
(f)
Members of the Board will bargain in good faith with all employees of the
System.
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(g)
(h)
(i)
Board members shall strictly adhere to the policies and procedures of the
System, the most current version of the MOA, as well as any other
applicable the laws, policies and resolutions of the Nation, and shall work
in consort for the positive growth of the System and for all of its students.
Board members shall notify a Board Officer of an absence and reason for
absence prior to the start of a meeting.
(1)
Board members shall not accrue three (3) consecutive unexcused
absences from meetings in a one (1) year period.
(A)
A member who fails to notify a Board Officer, in writing, of
his or her pending absence at least thirty (30) minutes before
the missed meeting shall be deemed unexcused.
Enforcement. Any member of the Board found to be in violation of this
section of the bylaws, another section of these bylaws or any other laws,
policies and/or resolutions of the Nation may be subject to the following:
(1)
Disciplinary action in accordance with any laws or policies of the
Nation governing sanctions and/or penalties for elected or appointed
officials.
(2)
If the member was appointed, the Board may make a
recommendation to the Oneida Business Committee for termination
of his or her appointment in accordance with the Boards,
Committees and Commissions law and/or any other law of the
Nation governing termination of appointed officials.
(3)
If the member was elected, the Board may direct the Chairperson to
file a petition for his or her removal in accordance with the Removal
law and/or any other laws or policies of the Nation governing
removal.
(4)
Enforcement hereunder shall be determined by a majority vote of
the members present at a Board meeting of an established quorum.
4-2.
Prohibition of Violence. Board members are prohibited from engaging in or committing
any violent intentional act that inflicts, attempts to inflict, or threatens to
inflict emotional or bodily harm on another person, or damage to property.
4-3.
Drug and Alcohol Use. When acting in their official capacity, the use of alcohol and/or
prohibited drugs by members of the Board is forbidden.
(a)
Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics,
any other substances included in Schedules I though V under Section 812
of Title 21 of the United States Code, and prescription medication or overthe-counter medicine used in an unauthorized or unlawful manner.
4-4.
Social Media. Social media shall be used in accordance with the Board members’ oath of
office and any laws or policies of the Nation governing social media.
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4-5.
Conflict of Interest. Conflicts of interest shall be reported and mitigated/removed in
accordance with any laws or policies of the Nation governing conflicts of
interest.
Article V. Stipends and Compensation
5-1. Stipends.
Members of the Board shall be eligible to receive the following stipends as
set forth in and subject to these bylaws; the Boards, Committees and
Commissions law; and resolution BC-08-12-20-C titled, Amended Boards,
Committees and Commissions Law Stipends, as may be further amended
from time-to-time hereafter:
(a)
No more than twenty-four (24) meeting stipends per fiscal year, provided
that:
(1)
A quorum was established;
(2)
The meeting of the established quorum lasted for at least one (1)
hour; and
(3)
The member collecting the stipend was present for the entire
meeting as defined, as well as demonstrated, in accordance with the
Boards, Committees and Commissions law.
(b)
A stipend for attending a duly called joint meeting between the Board and
the Oneida Business Committee, provided that:
(1)
A quorum was established by the Board;
(2)
The joint meeting lasted for at least one (1) hour; and
(3)
The member collecting the stipend was present for the entire joint
meeting as defined, as well as demonstrated, in accordance with the
Boards, Committees and Commissions law.
(c)
A stipend for participating in interviews and/or screens.
(d)
A stipend for conducting an official hearing of the Board.
(e)
A stipend for attending an Oneida Judiciary Hearing so long as the
member’s attendance is required by official subpoena.
(f)
A stipend for each day of attendance at a conference or training, provided
that:
(1)
The amount of the stipend a member is eligible to receive for
attending a conference or training shall be dependent on whether the
member attended up to four (4) hours of a conference or training or
more than four (4) hours of a conference or training; and
(2)
The member’s attendance at the training or conference was required
by law, bylaws or resolution.
5-2.
Compensation. Besides the travel, per diem and business expense reimbursement
authorized by the Boards, Committees and Commissions law, there are no
other forms of compensation that members are eligible to receive for the
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be maintained in a consistent format provided by the
Oneida Business Committee Support Office and approved by the Board.
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6-2.
Minutes.
(a)
(b)
All meeting minutes shall be typed and in a consistent format designed by
the Oneida Business Committee, as approved by the Board, to generate the
most informative record.
Minutes must include a summary of the action taken by the Board.
Minutes shall be submitted to the Oneida Business Committee Support
Office within five (5) business days of approval by the Board.
6-3.
Attachments. Any handouts, attachments, reports, memoranda, and the like provided at a
Board meeting shall be included with their corresponding agenda and
minutes and maintained in accordance with the Nation’s Open Records and
Open Meetings law.
6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
Oneida Business Committee member who is its designated liaison.
(a)
The format and frequency of communication shall be as agreed upon by the
Board and the liaison through formal action of the Board, but not less than
that required in any law or policy on reporting developed by the Oneida
Business Committee or Oneida General Tribal Council.
(b)
The purpose of the liaison relationship is to uphold the ability of the liaison
to act as a support to the Oneida Nation School Board.
6-5.
Audio Recordings. All meetings of the Board shall be audio recorded by either the Oneida
Business Committee Support Office or designee of the Officer presiding
over the meeting using a device supplied by the Oneida Business
Committee Support Office.
(a)
The presiding Officer shall ensure each meeting is audio recorded.
(b)
Audio recordings shall be maintained by the Oneida Business Committee
Support Office in accordance with the Nation’s Open Records and Open
Meetings law.
(1)
Exception. Audio recordings of executive session portions of a
meeting shall not be required.
Article VII. Amendments
7-1. Amendments. Amendments to these bylaws shall be approved by majority vote of the
members present at a regular Board meeting of an established quorum,
provided that written notice of the proposed amendments was made at a
prior regular meeting.
(a)
Amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other governing
policies of the Nation.
(b)
Amendments must be approved by the Board and the Oneida Business
Committee before implementation.
(c)
The Board shall conduct a review of these bylaws no less than on an annual
basis.
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Oneida Nation School Board Bylaws
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Amendments
Purpose
Related
Legislation
Enforcement/Due
Process
Public Meeting
Fiscal Impact
▪
To comply with the amended Boards, Committees and Commissions law
(“Law”), which provides that, within a reasonable time after the Law’s adoption,
all existing boards, committees and commissions of the Nation must present
bylaws for adoption that comply with the format and contain the minimal amount
of information prescribed in the Law, including:
• The process for filling vacancies on the Oneida Nation School Board
(“Board”);
• The qualifications necessary for membership on the Board;
• Officer positions on the Board, as well as the process for selecting those
Officers and the duties assigned to each specific Officer position;
• The behavioral expectations of those serving on the Board;
• The process for calling, noticing, conducting and recording meetings;
• The process for removing or terminating members of the Board;
• The requisite trainings/conferences for members of the Board;
• Stipend eligibility; and
• The process for further amendments to the Board’s bylaws. [1 O.C.
105.10-1(a)]; and
▪ To comply with the directive from the Oneida Business Committee to include
certain across-the-board amendments to all bylaws of the boards, committees and
commissions.
The School Board was established to coordinate existing and future education
programs of the Oneida Nation; per directive of the Oneida General Tribal Council
(GTC), to be an autonomous administrator of the Oneida Nation School System
(ONSS) under a Memorandum of Agreement (MOA) with the OBC and to
administer the ONSS Endowment in accordance with Endowments law under
resolution BC-02-27-19-B.
Oneida Nation Constitution, Administrative Rulemaking law, Endowments law,
Boards, Committees and Commissions law, Election law, Removal Law, Social
Media Policy, Computer Resources Ordinance, Travel and Expense Policy, Conflict
of Interest law, Open Records and Open Meetings law, Vehicle Driver Certification
and Fleet Management law.
Removal from an elected position on the Board follows the Removal Law [1 O.C.
104] and termination from an appointed position on the Board follows the Boards,
Committees and Commissions law. [1.O.C. 105.7-4]. A two-thirds majority vote of
the OBC is required to terminate a Board member’s appointment. The OBC’s
decision to terminate an appointment is final and not subject to appeal [1 O.C. 1057.4]. A petition for a member’s removal or recommendation for a member’s
termination by the Board must be by a majority vote of the members present at a
Board meeting of an established quorum.
Public meetings are not required for bylaws.
A fiscal impact statement is not required for bylaws.
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SECTION 2. BACKGROUND
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SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW
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SECTION 4. CONTENTS OF THE BYLAWS
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A. ARTICLE I. AUTHORITY
A. Bylaws provide a framework for the operation and management of a board, committee or commission
of the Nation, the government of its members and the regulation of its affairs [1 O.C. 105.3-1(d)].
B. The School Board bylaws were added to the Active Files List on October 3, 2018 for purposes of
amending per the requirements of the Boards, Committees and Commissions law.
C. The Oneida Education Board was created by the General Tribal Council through resolution GTC-0129-77-A. The Oneida Education Board was later dissolved upon the creation of the Oneida Nation
School Board through resolution GTC-01-07-84-A. The Board was expanded to nine (9) members by
resolution GTC-03-21-88-B.
D. The Board is currently governed by a Memorandum of Agreement with the OBC which was ratified by
GTC resolution on 03-21-88.
a) The MOA between the OBC and the Board was created per the directive of the GTC to grant
the Board the authority to operate with autonomous administration and provide for full
involvement of the Board in all personnel matters related to the operation of the Oneida Nation
School System. Any changes to the MOA require a two-thirds (2/3) vote by GTC.
E. The School Board was granted administrative rulemaking authority under resolution BC-02-27-19-B
titled “Creation of the Oneida Nation School System Endowment”. Administrative rules must be
developed following the Administrative Rulemaking law. [1 O.C. 106].
F. The School Board does not currently operate under bylaws approved by the OBC. However, the MOA
served a similar purpose, and thus, the MOA served as the foundation for the creation of the “bylaws
amendments” being referred to throughout this analysis.
A. The amendments to the Board’s bylaws comply with the Boards, Committees and Commissions law.
B. The amendments to the Board’s bylaws comply with OBC resolution BC-08-19-20-C titled “Amended
Boards, Committees and Commissions Law Stipends” which details the types, specific dollar amounts
and eligibility requirements of stipends.
C. The amendments to the Board’s bylaws comply with OBC resolution BC-03-27-19-D titled “Oneida
Business Committee and Joint Meetings with Boards, Committees and Commissions – Definitions and
Impact”.
D. The amendments to the Board’s bylaws do not conflict with the MOA ratified by GTC resolution on
03-21-88.
a. Purpose, Powers and Duties. The purpose, powers and duties of the Board were included
in the authority section [Proposed Bylaws 1-3(a)] in accordance with the Boards,
Committees and Commissions law [1 O.C. 105.10-3(a)].
b. Membership. The Board is comprised of nine (9) elected members per resolution GTC03-21-88-B. Members will stay on the Board until their term expires, they resign, or they
are terminated or removed from office. A member whose term has expired may stay on the
Board until his or her successor is sworn in by the OBC [Proposed Bylaws 1-5], which is
optional under the Boards, Committees and Commissions law [1 O.C. 105.6-2(a)(1)].
• Resignations are accepted in accordance with the Boards, Committees and
Commissions law [1 O.C. 105.10-3(a)(5)]:
i.
Verbally and accepted by motion at a meeting; or
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ii.
By delivering a written resignation to the Business Committee Support
Office (BCSO) and the School Board’s Chairperson or Chairperson’s
designee. [Proposed Bylaws 1-5(b)(1)(B)].
• Vacancies. Expired terms are filled by the Nation’s election process [1 O.C. 102].
Unexpired terms are filled by appointment by the OBC [1 O.C. 105.7]. The
Chairperson of the Board will be required to provide the OBC with
recommendations on all applicants for appointment [Proposed Bylaws 1-5(c)]
which is optional under the Boards, Committees and Commissions law. [1 O.C.
105. 7-1(b)(1)].
• Qualifications. Members must be at least eighteen (18) years old; be enrolled
members of the Oneida Nation; at least four (4) of the nine (9) members must be
parents/guardians of a student enrolled in a qualifying program of the Oneida
Nation School System; and must have passed an Annual Caregiver Background
Check [Proposed Bylaws 1-5(d)]. The inclusion of qualifications of membership
are a requirement of the bylaws per the Boards, Committees and Commissions law.
[1 O.C. 105.10-3(a)(5)(D)].
c. Termination and Removal.
i. The Removal Law will be followed for removal of elected members [1 O.C. 104]
and the Boards, Committees and Commissions law will be followed for
termination of appointed members [1 O.C. 105.6-2(c)], subject to the process in 41(i) of the proposed bylaws.
ii. A removal petition or a recommendation for termination of appointment must be
by a majority vote of the School Board members present at a regular or emergency
meeting of an established quorum. [Proposed Bylaws 1-6(c)].
d. Trainings and Conferences. Required trainings and conferences are included in this section
in compliance with the Boards, Committees and Commissions law [1 O.C. 105.10-3(a)(7)]
with the added requirement that Board members are not eligible to receive stipends for
more than five (5) full days of attendance at a mandatory training or conference per fiscal
year. [Proposed Bylaws 1-7].
B. ARTICLE II. OFFICERS
a. This section details the duties and limitations of Officer positions on the Board in
accordance with the Boards, Committees and Commissions law. [1 O.C. 105.10-3(b)].
b. Chairperson. The duties of the Chairperson include:
• call and preside over all meetings and hearings, represent the Board and School
System at official functions, ensure the Board remains in compliance with the all
requirements of the Nation and the System, and be an ex-officio member of any
committee established by the Board [Proposed Bylaws 2-2(a) through (d)];
• carry out all responsibilities assigned to the Board by the Nation’s Constitution
and the MOA [Proposed Bylaws 2-2(e)]; and
• ensure the submission of all annual and semi-annual reports to the GTC, as well as
quarterly reports to the OBC, and attend or designate a member to attend OBC
meetings when the Board’s report is on the agenda [Proposed Bylaws 2-2(f) and
(g)] in accordance with the Boards, Committees and Commissions law [1 O.C.
105.12-3].
c. Vice-Chairperson. The duties of the Vice-Chairperson include:
• act in replacement of the Chairperson if he or she is not available; chair ad-hoc
committees of the Board; and carry out all duties assigned to the Board. [Proposed
Bylaws 2-3].
d. Secretary. The duties of the Secretary include:
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• act in the absence of the Chairperson and Vice-Chairperson in carrying out all
powers and duties [Proposed Bylaws 2-4(a)];
i.
with respect to presiding over meetings of the Board, the Secretary’s
authority is limited to the following: if the Chairperson and the ViceChairperson positions both become vacant at the same time, the Board
Secretary shall be allowed to call meetings of the Board to fill vacancies
and to preside over meetings to conduct an election after which the newly
elected Chairperson or Vice-Chairperson shall preside [Proposed Bylaws
2-4(a)(1)(A)]. In this case the Secretary may also be included to meet the
quorum requirement. [Proposed Bylaws 3-4].
• establish the agenda and provide notice of all meeting locations, agenda,
documents and minutes to all members of the Board and the public and maintain
the accurate recording and presenting of all Board minutes and other formal
documents in compliance with the Boards, Committees and Commissions law [1
O.C. 105] and the Open Records and Open Meetings law [1 O.C. 107] [Proposed
Bylaws 2-4(b) and (c)]; and
• ensure timely reporting of all Board actions and carry out all general duties and
powers assigned or delegated to the Board [Proposed Bylaws 2-4(d) and (e)].
e. Selection of Officers. Officers will be elected by a majority vote of the Board members
present at the first meeting with an established quorum following an election. There is no
limit to the number of terms an officer can be reelected. Officers can only hold one Officer
position at a time. If an Officer cannot fulfill the obligations of the position, the Board can,
by majority vote of the members at an established meeting, dismiss the Officer from his or
her position and elect a new Officer. [Proposed Bylaws 2-5]. This section fulfills
requirements established by the Boards, Committees and Commissions law. [1 O.C.
105.10-3(b)(5)].
f. Budgetary Sign-Off Authority and Travel. The budgetary sign-off authority will be
consistent with the Purchasing Policies and Procedures of the Nation per the MOA with
the OBC. [Proposed Bylaws 2-6(a)]. All Board Officers have sign-off authority reserved
for Divisional Directors/Tribal School Chairperson/Trust Committee Chairperson/and
Gaming Director. The BCSO will have official sign-off authority for all budgetary
purchases approved by the Board.
Travel on behalf of the Board will require approval by a majority vote of the members at a
regular or emergency meeting with an established quorum [Proposed Bylaws 2-6(b)] in
accordance with the Boards, Committees and Commissions law. [1 O.C. 105.103(b)(6)(B)]. All travel must be authorized by two (2) Officers of the Board in accordance
with the Travel and Expense Policy [2 O.C. 219.4-2]. Board members may travel in the
Nation’s vehicles when certified and must follow the Vehicle Driver Certification and Fleet
Management law. [2 O.C. 210]. This section fulfills requirements established by the
Boards, Committees and Commissions law. [1 O.C. 105.10-3(b)(6)].
g. Personnel. From the date the proposed bylaws are adopted by the OBC moving forward,
the Board will not have authority to hire personnel for the benefit of the School Board.
[Proposed Bylaws 2-7].
• This provision applies to future hiring authority and does not affect current
personnel who will keep their positions.
The Board will have authority to be involved in the hiring of personnel for the School
System in accordance with the MOA and the Personnel Policies and Procedures of the
Nation. [Proposed Bylaws 2-7(a)]. The Board has the authority to hire consultants and
other resource persons to carry out the purposes and goals of the School System. [Proposed
Bylaws 2-7(b)]. The School Board has authority to hire legal counsel in accordance with
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the laws of the Nation. [Proposed Bylaws 2-7(c)]. This section fulfills requirements
established by the Boards, Committees and Commissions law [1 O. C. 105.10-3(b)(7)].
C. ARTICLE III. MEETINGS
a. Regular Meetings. Regular meetings are held monthly at 5:00 p.m. on the first and third
Monday of each month at the Oneida Nation Elementary School [Proposed Bylaws 3-1].
Meetings may be attended in person, by telephone, through teleconference, or through
other telecommunications so long as a member’s presence is demonstrated in accordance
with the Boards, Committees and Commissions law.
• The School Board Secretary will create the agenda and items will be required to
be submitted to the Secretary or the Secretary’s designee at least ten (10) days prior
to the next regular meeting. Action items will be included in the School
Superintendent’s report. The Secretary will establish and distribute the agenda and
documentation to School Board members at least seven (7) days before a regular
meeting date by official email [Proposed Bylaws 3-1(b) to (d)]. This section fulfills
requirements in the Boards, Committees and Commissions law. [1 O.C. 105.103(c)(1)].
b. Emergency Meetings. Emergency meetings are called when an issue cannot wait for the
next regular meeting. School Board members or school system administration will contact
the Chairperson or the Vice-Chairperson of the School Board and request an emergency
meeting. All School Board members will receive notice by official email and telephone
call at least twenty-four (24) hours in advance including the basis of the emergency. If
matters are discussed that are not on the agenda no formal action will be taken. Meetings
will be noticed to include both written notice by mail and Official email if a regular meeting
and Official email and telephone call if deemed an emergency meeting, the school
newsletter and the Kalihwisaks [Proposed Bylaws 3-2(a)(1)].
• The School Board is authorized to hold meetings with parents to fulfill contractual
obligations which may be called as an emergency meeting [Proposed Bylaws 32(a)(1)].
• A provision was included per the Boards, Committees and Commissions law that
the School Board will notify the Nation’s Secretary within seventy-two (72) hours
of holding an emergency meeting with notice of the meeting, the reason for the
emergency meeting, and an explanation of why the matter could not wait for a
regular meeting [Proposed Bylaws 3-2(d)] and [1 O.C. 105.10-3(c)(2)(A)].
c. Joint Meetings. The bylaws contain joint meetings with the OBC [Proposed Bylaws 33] on an as needed basis, with the approval of the OBC in compliance with the Boards,
Committees and Commissions law [1 O.C. 105.10-3(c)(3)]. Joint meetings will be held in
the OBC conference room. The meeting notice, agenda documents and minutes for joint
meetings will be provided and the joint meetings will be conducted in accordance with
OBC Resolution BC-03-27-19-D titled “Oneida Business Committee and Joint Meetings
with Boards, Committees and Commissions – Definitions and Impact”.
• Quorum. A quorum will consist of a majority of current members including the
Chairperson, Vice-Chairperson or Secretary if presiding over the meeting in
accordance with section 2-4(a)(1)(A) [Proposed Bylaws 3-4]. This complies with
the requirements established in the Boards, Committees and Commissions law [1
O.C. 105.10-3(c)(4)].
• Order of Business. The order of business is included [Proposed Bylaws 3-5] in
accordance with the Boards, Committees and Commissions law [1 O.C. 105.103(c)(5)].
• Voting. Voting requirements are contained in the proposed bylaws [Proposed
Bylaws 3-6]. Decisions require a majority vote of members present at a regular or
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emergency meeting with an established quorum. All members of the School Board
have one equal vote except the presiding Officer of the meeting who will only vote
in the case of a tie. All members are required to vote or abstain. This section
fulfills requirements established by the Boards, Committees and Commissions
law. [1 O.C. 105.10-3(c)(6)].
i.
E-polls were included as an acceptable form of voting and will be
conducted by the Chairperson or Vice-Chairperson or Secretary in lieu of
and as appointed by the Chairperson [Proposed Bylaws 3-6(b)] and in
accordance with the Boards, Committees and Commissions law. [1 O.C.
105.10-3(c)(6)(C) and (D)] and [1 O.C. 105.11].
D. ARTICLE IV. EXPECTATIONS
This section is based on the requirements established in the Boards, Committees and Commissions law
[1 O.C. 105.10-3(d)].
a. The School Board is required to act in accordance with the principles of conduct
established in Article IV. 4-1 of the proposed School Board bylaws.
i.
A term for un-excused absence is included in all bylaws amendments and
is defined as a failure to notify a School Board Officer, in writing, of his
or her pending absence no less than thirty (30) minutes before the
scheduled meeting that he or she will be absent from [Proposed Bylaws 41(h)(1)(A)].
b. Enforcement of violations of the bylaws or any other law, policy and/or resolutions of the
Nation may be subject to [Proposed Bylaws 4-1(i)]:
• Disciplinary action in accordance with any laws or policies of the Nation
governing sanction or penalties of elected or appointed officials;
• Recommendation by the School Board for termination of appointment by the OBC
[1 O.C. 105.6-2(c)];
• The Chairperson is responsible for filing a petition for removal at the direction of
the School Board in accordance with the Removal Law [1 O.C. 104]; and
• Enforcement must be by a majority vote of the School Board present at a meeting
with an established quorum. [Proposed Bylaws 4-1(i)(4)].
• This section complies with the Boards, Committees and Commissions law [1 O.C.
105.10-3(d)(1)]
c. Intentional acts of violence that inflicts, attempts to inflict or threatens to inflict emotional
or bodily harm or damage to property are prohibited by a member of the School Board
[Proposed Bylaws 4-2] in compliance with the Boards, Committees and Commissions law
[1 O.C. 105.10-3(d)(2)].
d. Drug and alcohol use by a School Board member when acting in an official capacity is
forbidden [Proposed Bylaws 4-3] in compliance with the Boards, Committees and
Commissions law [1 O.C. 105.10-3(d)(3)].
e. The School Board must comply with the Social Media Policy and their Oath of Office
when using social media in relation to School Board activities [Proposed Bylaws 4-4] and
[2 O.C. 218] in compliance with the Boards, Committees and Commissions law [1 O.C.
105.10-3(d)(4)].
f. The bylaws require the School Board to abide by all laws of the Nation related to conflicts
of interest [Proposed Bylaws 4-5] including the Nation’s Conflict of Interest law [2 O.C.
217] and the Boards, Committees and Commissions law [1 O.C. 105.10-3(d)(5) and
105.15] which requires disclosure of conflicts of interest annually. Additionally, School
Board members are expected to decline comment and to abstain from voting when issues
related to immediate family members come before the School Board [Proposed Bylaws 41(c)].
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g. The Conflict of Interest law defines immediate family member as an individual’s husband,
wife, mother, father, step mother, step father, son, daughter, step son, step daughter,
brother, sister, step brother, step sister, grandparent, grandchild, mother-in-law, father-inlaw, daughter-in-law, son-in-law, brother-in-law or sister-in-law and any of these relations
attained through legal adoption [2 O.C. 217.3-1(g)].
E. ARTICLE V. STIPENDS AND COMPENSATION
This section of the bylaws details stipends, compensation and corresponding requirements in
accordance with the Boards, Committees and Commissions law [1 O.C. 105.10-3(e)].
• The list of stipends and corresponding eligibility requirements that members of the School
Board are entitled to receive are included in the bylaws. [Proposed Bylaws 5-1]. This
section complies with Resolution BC-08-12-20-C titled “Amended Boards, Committees
and Commissions Law Stipends” and the Boards, Committees and Commissions law:
• Besides travel, per diem and business expense reimbursement authorized by the Boards,
Committees and Commissions law [1 O.C. 105.13-9]; School Board members are not
eligible for any other compensation for duties performed on behalf of the School Board
[Proposed Bylaws 5-2].
F. ARTICLE VI. RECORDS AND REPORTING
a. Agenda items will be maintained in a consistent format provided by the BCSO and
approved by the School Board [Proposed Bylaws 6-1]. This complies with the Boards,
Committees and Commissions law [1 O.C. 105.10-3(f)(1)].
b. Minutes will be typed in a consistent format provided by the BCSO and approved by the
School Board. Minutes will include a summary of action taken by the School Board and
will be submitted to the BCSO within five (5) business days after approved by the School
Board [Proposed Bylaws 6-2]. This meets the requirements established by the Boards,
Committees and Commissions law [1 O.C. 105.10-(f)(2)].
c. Attachments will be maintained with the meeting material from the corresponding meeting
of the School Board [Proposed Bylaws 6-3] in accordance with the Open Records and
Open Meetings law which requires records to be maintained for seven (7) years [1 O.C.
107.9-4]. This meets requirements established by the Boards, Committees and
Commissions law [1 O.C. 105.10-3(f)(3)].
d. The School Board will regularly communicate with the OBC liaison as mutually agreed
upon [Proposed Bylaws 6-4] in accordance with the Boards, Committees and Commissions
law [1 O.C. 105.10-3(f)(4)].
e. All meetings will be audio recorded by the BCSO or as designated by the Officer presiding
over the meeting using the device supplied by the BCSO. The BCSO will maintain the
audio recordings. Executive session is not required to be audio recorded [Proposed Bylaws
6-5]. This complies with requirements established by the Boards, Committees and
Commissions law [1 O.C. 105.10-3(f)(5)] and the Open Records and Open Meetings law
[1 O.C. 107.7-3].
G. ARTICLE VII. AMENDMENTS
a. Amendments will comply with the Boards, Committees and Commissions law and any
other policy of the Nation, are effective upon approval of the School Board and the OBC
[1 O.C. 105.10-3(g)], and the bylaws will be reviewed as needed and no less than annually
[Proposed Bylaws 7-1].
SECTION 5. RELATED LEGISLATION
There are no conflicts between the proposed bylaws and the Oneida Code of Laws. Below is a detailed list
of laws that establish requirements and are referenced in the School Board bylaws.
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A. Oneida Nation Constitution. The Constitution of the Oneida Nation contains a provision that allows
for the creation of committees for the proper conduct of tribal business of the Nation [Oneida
Nation Constitution, Article IV(g)]. The School Board will carry out duties assigned by the OBC
and GTC in accordance with the Constitution [Proposed Bylaws 2-2(e)]. There are no conflicts
between these bylaws and the Oneida Nation Constitution.
B. Administrative Rulemaking [1 O.C. 106]. This law governs the Administrative Rulemaking
process for the adoption and amendment of administrative rules by authorized agencies of the
Nation. Administrative rules developed under this law have the same force and effect as the law
that delegated the authority to the authorized agency.
a. The School Board is considered an authorized agency and also an entity under this law.
i. The School Board is required to follow the administrative rulemaking procedures
contained in this law for the promulgation of all rules when delegated rulemaking
authority to act as an authorized agency. Rulemaking authority must be delegated
by a law of the Nation to implement, interpret and/ or enforce a law of the Nation.
ii. When acting as an entity under this law, the School Board shall prepare all
financial analyses upon request indicating financial effects of a proposed
administrative rule promulgated by an authorized entity of the Nation in
compliance with this law.
b. The School Board has been delegated administrative rulemaking authority as an authorized
agency under the following laws of the Nation:
i. Endowments [1 O.C. 131] according to resolution BC-02-27-19-B “Creation of
the Oneida Nation School System Endowment”.
C. Endowments [1 O.C. 131]. The Endowments law was established to provide a process for the
establishment and maintenance of all endowment fund accounts established by the Oneida Nation
[1. O.C. 131-1]. The law grants administrative rulemaking authority [1 O.C. 106] by resolution
[1. O.C. 131.11-1]. The School Board was granted administrative rulemaking authority by
resolution BC-02-27-19-B “Creation of the Oneida Nation School System Endowment” which
requires the School Board to submit a three-year planning resolution to the Treasurer and Chief
Financial Officer and submit a funding allocation notice which will identify how the funds will be
utilized by January 31st of each year. The proposed bylaws comply and there are no conflicts with
the Endowments law.
D. Boards, Committees and Commissions [1 O.C. 105]. This law governs the procedures regarding
the appointment and election of persons to boards, committees and commissions of the Nation,
including the creation of bylaws, maintenance of official records, compensation, and other items
related to boards, committees and commissions. The School Board is elected by the General Tribal
Council [Proposed Bylaws 1-5(b)]. The requirements for entity bylaws are contained in this law
as well as a requirement that all existing entities of the Nation comply with the format detailed in
the law and present the bylaws for adoption by the OBC within a reasonable timeframe [1 O.C.
105.10]. These proposed bylaws comply and there are no conflicts with the Boards, Committees
and Commissions law.
E. Election [1 O.C. 102]. The Election law governs the procedures for the conduct of orderly elections
of the Nation, including pre-election activities such as caucuses and nominations [1 O.C. 102.1-1].
The law governs all procedures used in the election process [1 O.C. 102.1-2]. The School Board
is elected by the General Tribal Council [Proposed Bylaws 1-5(b)]. The proposed bylaws comply
with and there are no conflicts with the Election law.
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F. Removal Law [1 O.C. 104]. This law governs the removal process related to School Board
members that are elected by the qualified voting membership of the Nation. This law contains due
process measures related to specific causes for removal, petition requirements, preliminary review
by the Judiciary, a hearing that includes potential witnesses and a burden of proof by a person
seeking the removal by clear and convincing evidence that ground(s) for removal exist and a
Special GTC Meeting that requires a 2/3 affirmative majority vote. Elected School Board members
may be subject to removal if the bylaws or any law, policy, rule or resolution of the Nation is
violated [Proposed Bylaws 4-1(i)(3)]. This aligns with the Boards, Committees and Commissions
law [1 O.C. 105.10-3(d)]. The proposed bylaws comply and there are no conflicts with the
Removal Law.
G. Social Media Policy [2 O.C. 218]. This policy regulates social media accounts including how
content is managed and who has authority to post on social media on behalf of the Nation. The
School Board must register social media accounts with the Nation’s Secretary’s Office to include
specific information related to access to the account, acknowledgment and compliance with the
Computer Resource Ordinance [2 O.C. 215] and this policy, use a Nation issued email address, and
ensure all content complies with all applicable laws of the Nation, state or federal laws. The School
Board must follow the Social media policy and their Oath of Office with respect to social media
use related to the School Board [Proposed Bylaws 4-4]. The proposed bylaws comply and there
are no conflicts with the Social Media Policy.
H. Computer Resources Ordinance [2 O.C. 215]. School Board members are considered users under
this law which regulates and ensures appropriate the use of the Nation’s computer resources.
Members of the School Board must sign an acknowledgment form indicating notice of the Nation’s
applicable computer and media related laws according to the Boards, Committees and
Commissions law [1 O.C. 105.14-3(b)]. The proposed bylaws comply and there are no conflicts
with the Computer Resources Ordinance.
I. Travel and Expense Policy [2 O.C. 219]. Members of the School Board are eligible to be
reimbursed for travel and per diem to attend a conference or training in accordance with this policy.
The BCSO has sign-off authority over requests for stipends, travel per diem and business expense
reimbursement [Proposed Bylaws 2-6(a)(1)(A)]. All travel must be signed off by two (2) Officers
[Proposed Bylaws 2-6(a)(1)] in accordance with the Travel and Expense Policy [2 O.C. 219.4-2].
The School Board will approve all School Board travel by majority vote [Proposed Bylaws 2-6(b)]
in accordance with the Boards, Committees and Commissions law [1 O.C. 105.10-3(b)(6)(B)]. The
proposed bylaws comply and there are no conflicts with the Travel and Expense Policy.
J. Conflict of Interest [2 O.C. 217]. This law applies to the School Board and establishes specific
limitations to which information or materials that are confidential or may be used by a competitor
of the Nation’s enterprises or interests may be used to protect the interests of the Nation. The
Boards, Committees and Commissions law establishes that bylaws require members to disclose
potential or real conflicts annually [1 O.C. 105.10-3(d)(5) and 105.15]. The School Boa
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