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

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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.

Page 5 of 5

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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[Signature Block]

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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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