Oneida Business Committee (2019)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

February 20, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 6, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Curfew Law (pg. 4)

2. Anna John Resident Community Centered Care Bylaws Amendments (pg. 6)

3. Oneida Pow-wow Committee Bylaws Amendments (pg. 28)

4. Pardon and Forgiveness Screening Committee Bylaws Amendments (pg. 51)

IV.

New Submissions

1. Attorney Contract Policy Amendments (pg. 69)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

February 6, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Jennifer Webster

Excused: Ernest Stevens III, Daniel Guzman King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Lee Cornelius, Aliskwet Ellis, Bonnie Pigman, Ralinda Ninham-Lamberies, Chad Wilson,

Jackie Johnson, Matt Denny

Call to Order and Approval of the Agenda

David P. Jordan called the February 6, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to approve the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

1. January 16, 2019 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the January 16, 2019 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business

1. Employee Protection Policy Amendments (1:06-19:09)

Motion by Jennifer Webster to approve the adoption packet for the Whistleblower

Protection law and forward to the Oneida Business Committee for consideration;

seconded by Kirby Metoxen. Motion carried unanimously.

2. Domestic Animals Amendments (19:12-27:33)

Motion by Jennifer Webster to approve the public meeting packet and direct that a

public meeting for the amendments to the Domestic Animals law be held on Monday,

March 11, 2019; seconded by Kirby Metoxen. Motion carried unanimously.

3. Sanctions and Penalties Law (27:34-35:32)

Motion by Jennifer Webster to enter the results of the January 29, 2019 e-poll entitled

“E-poll Request: Sanctions and Penalties Law February 7, 2019 Kalihwisaks Article”

into the record; seconded by Kirby Metoxen. Motion carried unanimously.

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A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of February 6, 2019

Page 1 of 2

ONEIDA

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IV.

New Submissions

1. Sexual Harassment and Workplace Violence Investigations (35:33-46:25)

Motion by Jennifer Webster to add the Workplace Violence law, Investigative Leave

Policy, and Oneida Personnel Policies and Procedures to the active files list and assign

David P. Jordan as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

Additions

VI.

Administrative Updates

1. Legislative Operating Committee FY19 First Quarter Report (46:29-55:19)

Motion by Kirby Metoxen to approve the Legislative Operating Committee’s FY19

First Quarter Report and forward to the Oneida Business Committee with the correction

to Dallas on the per-capita petition on page one (1); seconded by Jennifer Webster.

Motion carried unanimously.

2. Boards, Committees, and Commissions Bylaw Amendments Update (55:2059:00)

Motion by Jennifer Webster to approve the memorandum from Chairman David P.

Jordan to the Oneida Business Committee and forward to the Oneida Business

Committee to be placed on the February 13, 2019 Oneida Business Committee meeting

agenda; seconded by Kirby Metoxen. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn the February 6, 2019 Legislative Operating

Committee meeting at 9:59 a.m.; seconded by Jennifer Webster. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of February 6, 2019

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

February 20, 2019

Curfew Law

Submission Date: 12/19/18

LOC Sponsor: Ernest Stevens III

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This was a recommendation from the TAP Law and Policy Subcommittee, to develop a

curfew law for the Oneida Nation.

12/19/18 LOC: Motion by Jennifer Webster add the Curfew Law to the active files list and assign Ernest

Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried unanimously.

2/13/19:

Work Meeting. Present: Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Maureen Perkins.

The purpose of this work meeting was to obtain information from the Oneida Police

Department regarding any issues that may currently be occurring on the Reservation related to

a lack of curfew, as well as discuss OPD’s role in potentially enforcing a Curfew law.

2/14/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski. The purpose of this work meeting was to provide the LOC an

update on communications with the Oneida High School’s Clan Council, and recent work

meeting with OPD. The LOC also discussed potential dates for holding a community meeting

potluck on the curfew law.

Next Steps:

▪ Approve the community meeting notice and direct that a community meeting for the proposed Curfew

law law be held on Thursday, March 21, 2019.

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LEGISLATIVE OPERATING COMMITTEE OUTREACH EVENT

COMMUNITY POT LUCK

WWW.ONEIDA-NSN.GOV/GOVERNMENT

Thursday, March 21, 2019, 5:00-7:30pm

Norbert Hill Center Cafeteria

7210 Seminary Rd., Oneida, Wisconsin

PROPOSED CURFEW LAW

This will be an exploratory meeting that will gather input

from the community regarding issues and concerns related to

the implementation of a curfew for minors seventeen (17)

years old or younger, and the consequences that would result

from violating the curfew.

OUTREACH

The Legislative Operating Committee (LOC) holds community outreach events in an effort to collect thoughts and

ideas from the community at the beginning of the legislative process. This provides insight and ideas early and is a

more efficient way of getting work done. Outreach events also provide the community with additional opportunities to

share their thoughts with the LOC. When the LOC feels that the community may have a particular interest

in proposed legislation these events are held in addition to the formal public meetings required by the

Legislative Procedures Act.

-FOR MORE INFORMATIONwww.oneida-nsn.gov/Register/Public Meetings or contact Oneida Nation Legislative Reference Office located

in the Norbert Hill Center, PO Box 365, Oneida, Wisconsin 54155

Email: LOC@oneidanation.org

Phone: 920-869-4376

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

February 20, 2019

Anna John Resident Centered Care

Community Board By-Laws

Amendments

Submission Date: 10/3/18

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 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 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 Anna John Resident Centered Care Community

Board By-Laws Amendments to the active files list; Seconded by Kirby Metoxen.

Motion carried unanimously.

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), Brook Doxtator

(OBCSU), 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 informational meetings for the Nation’s boards, committees and

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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 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 & Powwow), 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 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 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.

1/08/19:

AJRCCC Board Meeting. Present: Maureen Perkins, Kristen M. Hooker, Kristin

Jorgenson, Candace House, Shirley Barber, Carol Elm, Patricia Moore, Valerie

Groleau. The purpose of this meeting was to walk the AJRCCC Board through the

suggested revisions that the LRO staff attorney made to the draft of proposed bylaws

amendments the Board had submitted to the LRO for review in advance of the deadline

for requesting a legislative analysis. The next steps will be: (1) for the Board to submit

a revised draft of its proposed bylaws amendments to the LRO staff attorney for a final

review before forwarding to the LRO analyst for a legislative analysis; (2) for the LRO

analyst to begin the legislative analysis following the LRO staff attorney’s final

review; and (3) for the draft bylaws amendments proposed by the AJRCCC Board to

be brought to a LOC Work Meeting for review.

1/24/19:

LOC Work Meeting. Present: Clorissa Santiago, Kristen M. Hooker, Maureen Perkins,

David P. Jordan, Daniel Guzman King, Jennifer Webster, Kirby Metoxen. The

purpose of this meeting was to go through the final draft of the AJRCCC Board’s

proposed bylaws amendments submitted in accordance with the Boards, Committees

and Commissions law and adopting resolution BC-09-26-18-C.

Next Steps:

▪ Accept the Anna John Resident Centered Care Community Board By-Laws Amendments.

▪ Forward the Anna John Resident Centered Care Community Board By-Laws Amendments

to the Oneida Business Committee for consideration.

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Proposed Draft

ANNA JOHN RESIDENT CENTERED CARE COMMUNITY BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Anna John Resident Centered Care

Community Board and may be hereinafter referred to as the "Board."

1-2.

Establishment. This Board was established by motion of the Oneida Business Committee

on November 16, 1977 and is recognized by the adoption of these bylaws

on November 16, 1977, as amended on April 11, 1979; December 15, 1980;

May 15, 1984; February 9, 2011 and April 27, 2011.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

The Board was established to serve in an advisory capacity for the Anna

John Resident Centered Care Community (“AJRCCC”) and is responsible

for, including, but not limited to:

Enhancing services between the community, the residents of the AJRCCC,

their families and the AJRCCC Administration;

Being involved, visiting and participating in activities with the residents of

the AJRCCC;

Ensuring that the AJRCCC is equipped and staffed in a manner that

provides the best services for residents of the AJRCCC;

Bringing the Board’s and AJRCCC residents’ concerns and/or complaints

to the AJRCCC Administration, as well as the Comprehensive Health

Division Director and/or the Business Committee liaison to the Board;

Ensuring that the AJRCCC operates within the guidelines and policies of

the Oneida Nation and within all further regulations, rules and policies

governing its operations;

Ensuring that the AJRCCC maintains a safe and sanitary environment while

providing quality care and services to its residents as ordered by each

resident’s attending physician; and

Carrying out all other powers and/or duties delegated to the Board by the

laws of the Nation.

1-4.

Office.

The official mailing address of the Board shall be:

Anna John Resident Centered Care Community Board

c/o Anna John Resident Centered Care Community

2901 S. Overland Road

Oneida, WI 54155

1-5.

Membership.

(a)

Number of Members. The Board shall be comprised of seven (7) Board

members.

(b)

Appointed. Board members shall be appointed by the Oneida Business

Committee in accordance with the Boards, Committees and Commissions

law for four (4) year terms. Each member shall remain in office:

(1)

If his or her term has expired, until a successor has been sworn in by

the Oneida Business Committee;

(2)

Until his or her resignation; or

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Proposed Draft

(A)

(c)

(d)

A member may resign at any time verbally at a meeting or

by delivering written notice to the Oneida Business

Committee Support Office and the Board Chairperson or the

Chairperson’s designee. The resignation is effective upon

acceptance by motion of a member’s verbal resignation or

upon delivery of the written notices.

(3)

Until his or her appointment is terminated in accordance with the

Boards, Committees and Commissions law.

Filling of Vacancies. Vacancies shall be filled in accordance with the

Boards, Committees and Commissions law.

(1)

The Board’s Chairperson shall provide the Oneida Business

Committee recommendations on all applications for appointment

before the executive session in which the appointment is intended to

be made.

(2)

Vacancies of less than one (1) year shall be filled for the remainder

of the term and for a new four (4) year term. Vacancies greater than

one (1) year remaining of the term shall be filled for the remainder

of the term.

Qualifications. Board members shall meet the following qualifications:

(1)

Be an enrolled member of the Oneida Nation;

(2)

Be at least eighteen (18) years of age;

(3)

Reside within Brown or Outagamie County; and

(4)

Not be employed by the AJRCCC.

1-6.

Termination. A Board member’s appointment may be terminated in accordance with the

Boards, Committees and Commissions law. The following infractions shall

be cause for a recommendation by the Board to the Oneida Business

Committee for termination of a member’s appointment:

(a)

Three (3) unexcused absences from regular monthly meetings per calendar

year.

(1)

A Board member who is unexcused for two (2) monthly meetings

shall be forwarded a reminder of the meeting dates by the Board

Secretary.

(2)

Leave of Absence. Board members will be allowed up to three (3)

months Leave of Absence for a medical circumstance within their

term of appointment. The Board member requesting a Leave of

Absence shall bring the request to an Officer of the Board.

(b)

A violation of any of the expectations set forth in Article IV of these bylaws

may result in a recommendation to the Oneida Business Committee for

termination of appointment.

1-7.

Trainings and Conferences. Board members shall be required to attend a minimum of two

(2) trainings or conferences per year. Stipends are only paid for a full day

of trainings/conferences per the Boards, Committees and Commissions law,

for no more than five (5) full days. Trainings/conferences should include,

but not be limited to:

(a)

HIPAA;

(b)

Medicare/Medicaid;

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Proposed Draft

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(c)

(d)

(e)

Article II. Officers

2-1. Officers.

Nutrition;

Elderly Health Concerns; and

Personal Growth.

The Board shall have three (3) Officers: Chairperson, Vice Chairperson and

Secretary. The Officers of the Board shall perform other duties as may be

required or requested by the Oneida Business Committee or General Tribal

Council.

2-2.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson of the Board are as follows:

(a)

Shall call meetings, notify Board members and develop agendas in

conjunction with the Board Secretary;

(b)

Shall preside at all meetings of the Board and maintain orderly discussions;

(c)

Shall receive, review and monitor all correspondence from the Board,

present to the Board and sign all correspondence approved by the Board;

(d)

Shall vote only in case of a tie;

(e)

Shall submit approved and signed Board meeting minutes, in conjunction

with the Board Secretary, to the Oneida Business Committee Support

Office;

(f)

Shall, in conjunction with the Board Secretary, submit quarterly reports to

the Oneida Business Committee, and submit annual and semi-annual reports

to the General Tribal Council in accordance with the Boards, Committees

and Commissions law, and shall attend or designate a Board member to

attend the Oneida Business Committee meeting where the Board’s quarterly

report is on the agenda; and

(g)

Shall perform other duties assigned by the Board.

2-3.

Responsibilities of the Vice Chairperson. The responsibilities, duties and limitations of

the Vice Chairperson of the Board are as follows:

(a)

Shall perform the Chairperson's duties under Section 2-2 of these bylaws

in the absence of the Chairperson;

(b)

Shall work with the Chairperson in all matters that concern the Board; and

(c)

Shall perform other duties as assigned by the Board.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary of the Board are as follows:

(a)

Shall assist the Chairperson in calling meetings (regular and emergency)

and notify the Board members;

(b)

Shall maintain the minutes, reports and correspondence of the Board;

(c)

Shall perform the Chairperson's duties under Section 2-2, except Subsection

(b) and (d) in the absence of the Chairperson and Vice Chairperson;

(d)

Shall assist the Chairperson in submitting quarterly reports to the Oneida

Business Committee and annual and semi-annual reports to the General

Tribal Council;

(e)

Shall ensure the Board meeting minutes are recorded and reviewed by the

Board;

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Proposed Draft

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(f)

(g)

Shall assist the Chairperson in submitting approved and signed Board

meeting minutes to the Oneida Business Committee Support Office; and

Shall perform other duties as assigned by the Board.

2-5.

Selection of Officers. Officers shall serve one (1) year terms and shall be elected by a

majority vote of the Board membership.

(a)

Vacancies among Officers of the Board shall be filled for the duration of

the unexpired term by a majority vote of the quorum during the next regular

or emergency meeting of the Board.

(b)

Officers may hold only one (1) Officer position per term.

2-6.

Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies

regarding purchasing and sign-off authority.

(a)

Budgetary sign-off authority for the Board shall be as follows:

(1)

An Officer of the board may sign-off on meeting stipends of

seventy-five dollars ($75) per member, per month.

(2)

The Boards, Committees and Commissions Supervisor may sign-off

on meeting stipends in lieu of a Board Officer per the Board’s

request.

(3)

All other sign-off authority is with the AJRCCC administrator.

(b)

The Board shall remain under the AJRCCC budget.

(c)

Travel will be approved by majority vote of the voting members at a regular

or emergency meeting of the Board.

(1)

Travel will need to be approved by the AJRCCC administrator.

2-7.

Personnel.

(a)

The Board shall not have the authority to hire personnel for the benefit of

the Board.

Special committees may be assigned by the Board from time to time as

conditions necessitate.

(1)

A majority vote of the quorum of Board members present at a duly

called meeting shall be required to create a special committee.

(2)

Members of the special committee shall be appointed by the

Chairperson and shall be terminated upon completion of their

assignment, which ordinarily shall result in a written report to the

Board.

(3)

Should a special committee be established which for whatever

reason is no longer meeting a valid goal of the Board, it may be

terminated by the majority vote of the Board at any time.

(4)

Members of a special committee shall not be eligible for stipends

unless a specific exception is made by the Oneida Business

Committee or the Oneida General Tribal Council.

Article III. Meetings

3-1. Regular Meetings. The Board shall meet monthly the second (2nd) Wednesday of every

month at the AJRCCC. The meeting dates and location may change from

time to time as determined by the Board but shall be within the Reservation

boundaries unless notified to the Board membership prior to designating the

meeting location.

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Proposed Draft

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(a)

(b)

(c)

In the event a Board member is not able to attend a meeting, the Board

member shall contact an AJRCCC Officer no later than two (2) hours prior

to the start of the meeting in order to be excused from the meeting.

(1)

If the Board member contacts the AJRCCC Officer after the

deadline, the Board shall consider the circumstances and make a

determination by a majority vote to approve or deny the Board

member as excused.

Robert’s Rules of Order shall be used as a guideline for conducting

meetings.

The Board Secretary, or delegate, will provide notice of meeting agenda,

documents, and minutes by email to each Board member’s official Oneida

Nation email address.

3-2.

Emergency Meetings. An emergency meeting may convene outside of regular meetings to

address an urgent matter. These meetings may be called by the Chairperson

or Vice Chairperson and as soon as a quorum can be established. The

emergency causing the meeting shall be set forth in the minutes.

(a)

Within seventy-two (72) hours after an emergency meeting, the Board shall

provide that Nation’s Secretary 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.

(b)

Notification of an emergency meeting to the Board members will be by

phone call.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee may be requested by

the Chairperson as needed or by request of the Oneida Business Committee

as agreed upon to take place at the Norbert Hill Center located in Oneida,

Wisconsin, or some alternate location agreed upon between the Board and

the Oneida Business Committee in advance of the joint meeting.

(a)

The Board Chairperson shall provide notice of meeting agenda, documents

and minutes for joint meetings requested by the Board and the Oneida

Business Committee Support Office shall provide notice of meeting agenda,

documents and minutes for joint meetings requested by the Oneida Business

Committee.

(b)

Notice of meeting agenda, documents and minutes shall be provided by

email.

3-4.

Quorum.

3-5.

Order of Business. The regular meetings of the Board shall follow the order of business as

set out herein:

(a)

Call to Order

(b)

Roll Call

(c)

Opening/Prayer (if requested)

(d)

Approve/Amend Agenda

(e)

Review/Approve/Amend Minutes

(f)

Reports

A quorum shall consist of a majority of the current members of the Board

and shall include either the Chairperson, Vice Chairperson or Secretary.

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Proposed Draft

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(g)

(h)

(i)

(j)

(k)

(1)

3-6.

Voting.

(a)

(b)

3-7.

Tabled Business

Old Business

New Business

Other Concerns/Announcements

Next Meeting

Adjournment

Voting shall be in accordance with the simple majority vote over fifty (50)

percent of the quorum of Board members present at a duly called meeting.

The Chairperson only votes in a tie.

E-polls are not permitted.

Cancellation of Meetings. Any meeting may be cancelled due to unforeseen circumstances

or due to the inclement weather conditions and shall be rescheduled when

available.

(a)

In the event a meeting is cancelled, the delegate Board Officer shall contact

each Board member prior to the meeting.

(b)

If a Board member is uncertain of a cancelled meeting, call the AJRCCC

Board Chairperson or an Officer staff member by 12:00 p.m., noon, the day

of the meeting.

(c)

Should the Nation cancel work due to inclement weather, any scheduled

meeting would also be cancelled.

Article IV. Expectations

4-1. Behavior of Members. Members of the Board are expected to behave as follows:

(a)

They shall regularly check email for communication from Board Officers.

(1)

If access is not available, members shall utilize the Oneida Nation

Community Education Center.

(2)

Use of personal or work email addresses for Board business is

prohibited.

(b)

They shall treat other Board members, community members, AJRCCC staff

and residents with respect.

(c)

When receiving concerns regarding AJRCCC, they shall have the

complainant put it in writing with as many details as possible for appropriate

follow-up.

(d)

Enforcement of these behavioral expectations could result in a suspension

from a future Board meeting, or a recommendation by the Board to the

Oneida Business Committee for the member’s termination in accordance

with the Boards, Committees and Commissions law.

4-2.

Prohibition of Violence. Members of the Board are prohibited from committing intentional

acts that inflict, attempt to inflict, or threaten to inflict, emotional or bodily

harm on another person, or damage to property. Violations could result in a

recommendation for termination from the Board to the Oneida Business

Committee in accordance with the Boards, Committees and Commissions

law.

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Proposed Draft

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4-3.

Drug and Alcohol Use. Members of the Board are prohibited from using or being under

the influence of prohibited drugs or alcohol while acting in their official

capacity as AJRCCC Board members. Violations could result in a

recommendation for termination from the Board to the Oneida Business

Committee in accordance with the Boards, Committees and Commissions

law.

4-4.

Social Media. Members of the Board are prohibited from posting on social media

confidential information shared in AJRCCC meetings and executive

sessions. Complaints shall be addressed with the AJRCCC administration.

Any publication of information must be approved by the Board.

4-5.

Conflict of Interest. Members of the Board must keep their Conflict of Interest form

updated with the Oneida Business Committee Support Office.

(a)

Board members shall abide by all laws of the Nation governing conflicts of

interest.

(b)

In the event of a conflict of interest regarding a complaint or concern in a

Board meeting, the conflicted member shall excuse himself or herself from

contributing to the conversation and refrain from voting.

Article V. Stipends & Compensation

5-1. Stipends.

Board members are eligible for the following stipends as set forth in the

Boards, Committees and Commissions law and resolution BC-09-26-18-D,

titled Boards, Committees and Commissions Law Stipends:

(a)

One (1) monthly meeting stipend of seventy-five dollars ($75).

(b)

Stipends for Judiciary hearings.

(1)

A member of the Board may receive a stipend for attending an

Oneida Judiciary hearing if that member is specifically subpoenaed.

(c)

A stipend for attendance at each full day of trainings/conferences that is

required by law, bylaw or resolution.

(d)

A stipend for attendance at a duly called joint meeting as defined under the

Boards, Committees and Commissions law.

5-2.

Compensation. Besides per diem and travel expenses, Board members shall be entitled to

no other compensation.

Article VI. Records & Reporting

6-1. Agenda Items. Agenda items shall be given in the format provided by the Oneida Business

Committee Support Office.

(a)

Items and backup documents to be on the agenda shall be provided to the

Board members a minimum of twenty-four (24) hours prior to the meeting,

or items will be tabled to the next meeting.

(b)

Packets of the proposed agenda and the backup documentation shall be

made available at the meeting. Executive session items shall be stamped

confidential.

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Proposed Draft

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6-2.

Minutes.

(a)

(b)

(c)

Minutes shall be typed in the Oneida Business Committee Support Office’s

approved format designed to generate the most informative record of the

Board's meetings.

All minutes shall be submitted to the Oneida Business Committee Support

Office within thirty (30) calendar days after approval by the Board.

Actions taken by the Board are valid when minutes are approved, provided

that, minutes are filed according to this Article.

Copies of the minutes shall be available in accordance with the Open

Records and Open Meetings law.

6-3.

Attachments. Handouts, reports, memoranda, and the like shall be attached to the minutes

and agenda from the meeting in which they were presented. Records of

attachments will be saved in the AJRCCC folder on the Oneida Nation

network.

6-4.

Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee liaison. The frequency and method shall be

agreed upon by the Board and the liaison.

(a)

The Chairperson shall report to the Oneida Business Committee liaison.

6-5.

Audio Recordings. The Board shall audio record all meetings, except executive session

portions of the meetings.

(a)

All recordings will be kept in the AJRCCC folder on the Oneida Nation

network.

(b)

The Board will use the Board laptop provided by AJRCCC administration

to record the meetings.

Article VII. Amendments

7-1. Amendments to Bylaws. The Board, upon written notice, at a duly called regular meeting,

may, by a majority vote, adopt, amend or repeal any provisions of these

bylaws.

(a)

Amendments to these bylaws must conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(b)

Amendments are effective upon adoption by the Board and approval by the

Oneida Business Committee.

7-2.

Updating and Review. The Board shall conduct review of these bylaws as needed.

These bylaws as amended and revised, were adopted by the Anna John Resident Centered Care

Community Board at a duly called meeting held on the ___ day of ___________, 2019, with

amendments approved by the Chairperson of the Anna John Resident Centered Care Community

Board at the XXX 30, 2019 Legislative Operating Committee meeting.

______________________________________________

Candace J. House, Chairperson

Anna John Resident Centered Care Community Board

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Proposed Draft

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Approved by the Oneida Business Committee at a duly called meeting held on

_____________________________________________

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ANNA JOHN RESIDENT CENTERED CARE COMMUNITY BOARD BYLAWS

(FORMERLY KNOWN AS ANNA JOHN NURSING HOME BOARD)

Article I. Authority

1-1. Name. The name of this entity shall be the Anna John Resident Centered Care Community

Board, hereinafter referred to as "Board."

l-2. Authority. The Board was established by motion of the Oneida Business Committee on

November 16, 1977, and is delegated authority by the Oneida Business Committee pursuant to

the authority delegated by the Constitution of the Oneida Tribe of Indians of Wisconsin, under

Article IV., Section 1., Subsection (g) and is further recognized by the adoption of these Bylaws

on November 16, 1977 and amended on April 11, 1979; December 15, 1980; May 15, 1984;

February 9, 2011; and April 27, 2011.

1-3. Office. The official mailing address of the Board shall be:

Anna John Resident Centered Care Community Board

c/o Anna John Resident Centered Care Community

2901 S. Overland Road

Oneida, WI 54155

1-4. Board Membership.

(a) Number of Board Members. The Board shall be comprised of seven (7) Board

members.

(b) How Appointed. Board members shall be appointed by the Oneida Business

Committee in accordance with the Comprehensive Policy Governing Boards,

Committees and Commissions.

provide written notice to the Oneida Tribal Secretary so that the Oneida Business

Committee may fill the vacancy through the appointment process, in accordance

with the Comprehensive Policy Governing Boards, Committees and Commissions.

The Board shall be allowed to make recommendations as to possible candidates.

Vacancies of less than one (1) year shall be filled for the remainder of the term and

for a new three (3) year term. Vacancies greater than one ( 1) year remaining of the

term shall be filled for the remainder of the term.

(d) Qualifications. Board members shall meet the following qualifications:

(1) Be an enrolled member of the Oneida Tribe oflndians of Wisconsin;

(2) Reside within Brown or Outagamie County; and

(3) Not be employed by the AJRCCC.

(e) Term of Office. Board members shall serve a three (3) year term. Terms of office

shall be staggered. Board members shall remain in office until the following:

(1) Successors have been sworn in by the OBC; or

(2) Submission to and acceptance of resignation by the Board; or

(3) Termination of appointment.

(f) Termination of Appointment and Resignation. Three (3) unexcused absences of a

Board member may result in a Board member' s appointment being terminated in

accordance with the Comprehensive Policy Governing Boards, Committees and

Commissions. A Board member who is unexcused for two (2) consecutive

meetings shall be forwarded a reminder of the meeting dates by the Board

Secretary. Resignations shall be brought to the Board in verb.al or written format

and presented to the Board.

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(g) Leave of Absence. The Board members will be allowed up to three (3) months

leave of absence for a medical circumstance within term of appointment. The

Board member requesting a Leave of Absence shall bring the request to the Board

in verbal or written format.

1-5. Purpose. The purpose of this Board is to serve in an advisory capacity for the Anna John

Resident Centered Care Community (AJRCCC) ensuring the operations are within the guidelines

and policies of the Oneida Tribe of Indians of Wisconsin and within all regulations, rules and

policies governing the operation of the AJRCCC. The Board also ensures the AJRCCC

maintains a safe and sanitary environment while providing quality care and services to residents

of the facility and as ordered by each resident's attending physician. The Board shall have the

following duties and responsibilities:

(a) Enhance service between the residents, families and the AJRCCC Administration.

(b) To be involved, visit and participate in activities with the residents.

services for residents.

(d) To bring the Board's concerns and/or complaints to the AJRCCC Administration.

Article II. Officers

2-1. Officers. The Board shall have three (3) Officers: Chairperson, Vice Chairperson and

Secretary. The Officers of the Board shall perform other duties as may be required or requested

by the Oneida Business Committee or General Tribal Council.

2-2. Chairperson Duties. The responsibility, duties and powers of the Chairperson of the Board

are as follows:

(a) Call meetings, notify Board members and develop agendas, in conjunction with the

Board Secretary.

(b) Preside at all meetings of the Board and maintain orderly discussions.

Board and sign all correspondence approved by the Board.

(d) Vote only in case of a tie.

(e) Submit approved and signed Board meeting minutes, in conjunction with the Board

Secretary, to the Oneida Tribal Secretary.

(f) Submit quarterly reports to the Oneida Business Committee, annual and semiannual reports to the General Tribal Council and any other reports as required or

requested by the Oneida Business Committee or General Tribal Council in

conjunction with the Board Secretary.

(g) Other duties assigned by the Board.

2-3. Vice Chairperson Duties. The responsibility, duties and powers of the Vice Chairperson of

the Board are as follows:

(a) Perform the Chairperson's duties under section 2-2 in the absence of the

Chairperson.

(b) Work with the Chairperson in all matters that concern the Board.

2-4. Secretary Duties. The responsibility, duties and powers of the Secretary of the Board are as

follows:

(a) Assist the Chairperson to call meetings (regular and special) and notify the Board

members.

(b) Maintain the minutes, reports and correspondence of the Board.

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in the absence of the Chairperson and Vice Chairperson.

( d) Assist the Chairperson to submit quarterly reports to the Oneida Business

Committee and annual and semi-annual reports to the General Tribal Council.

(e) Ensure the Board meeting minutes are recorded and reviewed by the Board.

(f) Assist the Chairperson to submit approved and signed Board meeting minutes to the

Oneida Tribal Secretary.

(g) Other duties as assigned by the Board.

2-5. How Chosen and Length of Term. The tenure of Officers shall be for one (1) year by the

election of the Board membership at the first meeting in April.

(a) Vacancies among Officers of the Board shall be filled for the duration of the

unexpired term at a special election to be held at the next regular or special meeting.

2-6. Personnel. The Board shall not have the authority to hire personnel for the benefit of the

Board.

2-7. Special Committees. Special committees may be assigned by the Board from time to time as

conditions necessitate. A majority vote of the Board members present at the duly called meeting

shall be required to create a special committee. When so created, the committee shall be

appointed by the Chairperson and shall be terminated upon completion of their assignment,

which ordinarily shall result in a written report to the Board. Should a committee be established

which for whatever reason is no longer meeting a valid goal of the Board it may be terminated by

the majority vote of the Board at any time.

Article III. Meetings

3-1. Regular Meetings. The Board shall meet the third Tuesday of every month, unless it is a

holiday, at the AJRCCC. The meeting dates and location may change from time to time as

determined by the Board but shall be within the Reservation boundaries unless notified to the

Board membership prior to designating the meeting location. Roberts Rules of Order shall be

used as a guideline for conducting meetings.

(a) In the event a Board member is not able to attend a meeting, the Board member

shall contact the AJRCCC Administrator or designee by 10:00 a.m. the day of the

meeting in order to be excused from the meeting.

(b) If the Board member contacts the AJRCCC Administrator or designee after the

10:00 a.m. deadline, the Board shall consider the circumstances and make a

determination by a majority vote, to approve or deny the Board member as excused.

3-2. Special Meetings. Special meetings of the Board may be called by the Chairperson or upon

verbal request of any two (2) Board members.

3-3. Notice of Special Meetings. A minimum of twenty-four (24) hour verbal notice shall be

given to each Board member. The special meeting notice shall specify the urgency.

3-4. Quorum. A quorum shall consist of a majority of the current members of the Board and

shall include the Chairperson or Vice Chairperson.

3-5. Order of Business. The regular meetings of the Board shall follow the order of business as

set out herein:

(a) Call to Order

(b) Roll Call

(d) Approve/Amend Agenda

(e) Review/Approve/Amend Minutes

(f) Reports

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(g) Tabled Business

(h) Old Business

(i) New Business

(j) Other Concerns/Announcements

(k) Next Meeting

(1) Adjournment

3-6. Voting. Voting shall be in accordance with the simple majority vote of the Board members

present at a duly called meeting.

3-7. Cancellation of Meetings. Any meeting may be cancelled due to unforeseen circumstances

or due to the inclement weather conditions and shall be rescheduled for the following Tuesday.

(a) In the event a meeting is cancelled, the Chairperson or Vice Chairperson shall

request the AJRCCC staff member to contact each Board member prior to the

meeting.

(b) If a Board member is uncertain of a cancelled meeting, call the AJRCCC staff

member by 11 :00 a.m. of the meeting date.

Article IV. Reporting

4-l. Format. Agenda items shall be in an identified format.

(a) Items to be on the agenda shall be provided to the Board members the Friday before

the meeting.

(b) Packets of the proposed agenda and the backup documentation shall be made

available at the meeting. Executive session items shall be stamped confidential.

4-2. Minutes. Minutes shall be typed and in a consistent format designed to generate the most

informative record of the Board's meetings.

(a) All minutes shall be submitted to the Oneida Tribal Secretary's Office within thirty

(30) calendar days after approval by the Board.

(b) Actions taken by the Board are valid when minutes are approved, provided that,

minutes are filed according to this Article.

Open Meetings Law.

4-3. Attachments. Handouts, reports, memoranda, and the like may be attached to the minutes

and agenda, or may be kept separately, provided that all materials can be identified to the

meeting in which they were presented.

4-4. Reporting. The Board is responsible to the General Tribal Council and the Oneida Business

Committee.

(a) The Chairperson or his/her designee shall submit reports directly to the Oneida

Business Committee and the General Tribal Council on behalf of the Board.

(b) Reports to the General Tribal Council and the Oneida Business Committee shall be

made regularly and as requested.

their designated liaison.

Article V. Amendments

5-1. Amendments to Bylaws. The Board, upon written notice, at a duly called regular meeting

may by a majority vote adopt, amend or repeal any provisions of these Bylaws. Amendments are

effective upon adoption by the Board and approval by the Oneida Business Committee.

5-2. Updating and Review. The Board shall conduct a review of these Bylaws to determine that

they remain current, as needed.

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Article VI. Compensation

6-1. Stipends. Board members shall be paid a fifty dollar ($5 0) stipend provided that the meeting

has established a quorum for a minimum of one hour and the Board member collecting the

stipend was present for at least one hour of the established quorum, in accordance with the

Comprehensive Policy Governing Boards, Committees, and Commissions.

6-2. Stipend Requests. Requests for stipend payments shall be accompanied by the meeting

minutes appropriately signed by the Board.

6-3. Conferences and Training Reimbursement. Board members shall be reimbursed for travel

and per diem, for attending a conference or training in accordance with the Comprehensive

Policy Boards, Committees, and Commissions.

These Bylaws as amended and revised, were adopted by the Anna John Resident Centered Care

Community Board at a duly called meeting held on the 24th day of June, 2014, with amendments

approved by the Chairperson of the Anna John Resident Centered Care Community Board at the

Jul 30, 2014 Legislative Operating Committee meeting.

Carol L. Elm, Chairperson

Anna John Resident Centered Care Community Board

Approved by the Oneida Business Committee at a duly called meeting held on 13th day of

Au ust 2014.

Patricia Hoeft, Oneida Trib

Oneida Business Committee

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Analysis to Proposed Draft

2019 02 20

Anna John Resident Centered Care Community Board

Bylaw Amendments Legislative Analysis

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Legislative

Reference Office

Complies with

Boards,

Committees and

Commissions Law

Intent of the

Bylaws

Purpose

SPONSOR:

David P. Jordan

DRAFTER:

Kristen M. Hooker

ANALYST:

Maureen Perkins

These amendments comply with the Oneida Business Committee (OBC) directive

established by resolution BC-09-26-18-C that all Boards, Committees and

Commissions of the Nation; excluding the OBC or standing committees of the OBC

and Tribal corporations, amend their bylaws to comply with the requirements

established by the Boards, Committees and Commissions law. Additional

information and requirements included in these bylaws beyond what is required in

the Boards, Committees and Commissions law is not prohibited [see O.C. 105.10].

The bylaws provide a framework for the operation and management of the board to

govern the standard procedures regarding the way the board conducts its affairs,

including: the appointment of persons to the board, the membership qualifications,

duties and responsibilities of both members and officers, terms and filling vacancies

of members, selection of officers, establishment of expectations of members,

maintenance of official records, stipends, termination process, required training,

and how the bylaws are amended.

The purpose of the Anna John Resident Centered Care Community Board

(AJRCCC Board) is to serve in an advisory capacity for the Anna John Resident

Centered Care Community (AJRCCC) ensuring the operations are within the

guidelines and policies of the Oneida Nation and within all regulations, rules and

policies governing the operation of the ARJCCC. The AJRCCC Board also ensures

the AJRCCC maintains a safe and sanitary environment while providing quality

care and services to residents of the facility and as ordered by each resident’s

attending physician. The AJRCCC Board shall have the following duties and

responsibilities:

(a) Enhance service between the residents, families and the AJRCCC

Administration.

(b) To be involved, visit and participate in activities with the residents.

the best services for residents.

(d) To bring the Board’s and AJRCCC residents’ concerns and/or

complaints to the AJRCCC Administration, Comprehensive Health

Division Director and/or the OBC Liaison.

(e) Ensure the AJRCCC operates within the guidelines and policies of

the Oneida Nation and within all further regulations, rules and

policies governing operations,

(f) Ensure that the AJRCCC maintains a safe and sanitary environment

while providing quality care and services to its residents as ordered

by each resident’s attending physician.

(g) Carry out all other powers and/or duties delegated to the Board by

the laws of the Nation.

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Related Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

Analysis to Proposed Draft

2019 02 20

Boards, Committees and Commissions law, Code of Ethics law, Conflict of Interest

law, Social Media Policy, Computer Resources Ordinance, Travel and Expense

Policy, Open Records Open Meetings law, Budget Management and Control law

The Boards, Committees and Commissions law provides the enforcement process

for appointed members. Members of the AJRCCC Board serve at the discretion of

the OBC. Upon the recommendation of a member of the OBC or by

recommendation of the AJRCCC Board, a member of the AJRCCC Board may

have his or her appointment terminated by the OBC.

(a) A two-thirds majority vote of the OBC shall be required in order to terminate

the appointment of an individual.

(b) The OBC’s decision to terminate an appointment is final and not subject to

appeal [see O.C. 105.7-4].

Public meetings are not required for bylaws.

Fiscal Impact Statements are not required for bylaws.

SECTION 2. BACKGROUND

A. The AJRCCC Board bylaw amendments were added to the active files list on October 3, 2018 with

David P. Jordan as the sponsor.

B. The AJRCCC Board was established by motion of the Oneida Business Committee on November 16,

1977.

C. The current bylaws were approved by the OBC on April 27, 2011.

SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW

A. The bylaws comply with the Boards, Committees and Commissions law.

B. The bylaws comply with OBC Resolution BC-09-26-18-D Boards, Committees and Commissions

Stipends.

SECTION 4. AMENDMENTS

This section details the changes to the bylaws from the previously adopted bylaws.

A. ARTICLE I. AUTHORITY

a. The term limit was increased from three (3) to four (4) years.

b. A qualification of at least eighteen (18) years of age was added in compliance with the

Boards, Committees, and Commissions law.

c. Staggering of terms was removed because terms are already staggered.

d. The term expiration was amended to correspond with the date the successor is sworn in

[see Article I. 1-5(a)(1)(A)]. The Business Committee Support Office (BCSO) was added

as a receiving entity of a written resignation and the resignation is now effective when the

written notice is received or by motion of the AJRCCC Board [see Article I. 1-5(a)(1)(B)].

The deferral of a vacancy was removed [see Article I. 1-4(d)(2)(B) of current bylaws].

e. Conference and training requirements were added with specific training areas included

and a requirement that each member attend a minimum of two (2) trainings or

conferences per year, but no more than of five (5) full days of paid training per year [see

Article I. 1-7].

B. ARTICLE II. OFFICERS

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Analysis to Proposed Draft

2019 02 20

a. Duties were added to the Chairperson position:

• Assist the Secretary in forwarding all meeting materials [see Article II. 2-2(a)].

• Attend or designate a AJRCCC Board member to attend OBC meetings where

the quarterly report is on the agenda [see Article II. 2-2(e)].

b. The budgetary and sign off authority and travel section is new to these bylaws based on

requirements in the amended Boards, Committees and Commissions law. This requirement

creates accountability regarding action related to travel and authority to make budgetary

decisions [see Article II. 2-7].

• The AJRCCC Board will follow all policies of the Nation regarding

purchasing and sign-off authority. An Officer of the AJRCCC Board or the

Boards, Committees and Commissions supervisor shall sign off on meeting

stipends. The AJRCCC administrator shall have all other sign off authority.

• The Board shall be under the AJRCCC budget.

• Travel will be approved by a majority vote of the board and the AJRCCC

administrator.

C. ARTICLE III. MEETINGS

a. Special meetings were removed, and joint meetings with the Oneida Business Committee

as agreed upon by the OBC were added to the bylaws in accordance with the Boards,

Committees and Commissions law [see 105.10-3(c)]. The AJRCCC Chairperson shall

provide notice of the meeting agenda, documents and minutes for joint meetings called by

the AJRCCC Board and the BCSO shall provide the same for joint meetings called by the

OBC [see Article III. 3-3(a)].

b. A provision was added per the Boards, Committees and Commissions law that the

AJRCCC Board will notify the Nation’s Secretary within 72 hours 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 [see Article III. 3-2(b)].

D. ARTICLE IV. EXPECTATIONS

This section is new to these bylaws based on the requirements established in the Boards, Committees

and Commissions law.

a. Behavioral requirements were added to govern members during Committee related

activities [see Article IV. 4-1]. Enforcement of behavioral expectations include suspension

from a future AJRCCC Board meeting or recommendation by the Committee for

termination of appointment by the OBC [see Article IV. 4-1(d)].

a. Intentional acts of violence that inflicts, attempts to inflict or threatens to inflict emotional

or bodily harm or damage to property are prohibited and violations could result in a

termination from the board [see Article IV. 4-2].

b. Drug and alcohol use by a member when acting in an official capacity is prohibited [see

Article IV. 4-3].

c. Members are prohibited from posting confidential information on social media [see Article

IV. 4-4].

d. The AJRCCC Board will be required to disclose conflicts of interest annually and include

those conflicts on the Conflict of Interest form [see Article IV. 4-5]. The AJRCCC Board

bylaws include a mitigation provision that requires a conflicted member to excuse himself

or herself from contributing to the conversation and refrain from voting [see Article IV. 45(b)]. This aligns with the Conflict of Interest law of the Nation which allows for

mitigation of conflicts of interest [see O.C. 217.5-2(b)].

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Analysis to Proposed Draft

2019 02 20

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E. ARTICLE V. STIPENDS AND COMPENSATION

a. This section provides a list of eligible stipends members of the AJRCCC Board are eligible

to receive, in addition to clarification that a full day of training is required to receive a

training stipend [see Article V. 5-2]. This section complies with Resolution BC-09-26-18D.

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SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS

F. ARTICLE VI. RECORDS AND REPORTING

a. The requirement that agenda items will use the format of the BCSO was added [see Article

VI. 6-1].

b. Items and back up materials shall be provided to members twenty-four (24) hours prior to

the meeting or the item will be tabled [see Article VI. 6-1(a)]. This was a change from

materials being provided at the meeting.

c. The requirement to submit minutes to the BCSO within thirty (30) days after AJRCCC

Board approval was added [see Article VI. 6-2(a)].

d. A requirement was added that records of attachments be kept in the AJRCCC folder on the

Oneida Nation network [see Article VI. 6-3].

e. Regular communication with the OBC Liaison was added with the AJRCCC Board Chair

reporting to the Liaison [see Article VI. 6-4].

f. A requirement was added in accordance with the Boards, Committees, and Commissions

law that all meetings are to be audio recorded. The BCSO will provide the recording

device. Executive session is not required to be recorded [see Article VI. 6-5].

G. ARTICLE VII. AMENDMENTS

a. A provision was added requiring that amendments follow the Boards, Committees and

Commissions law and any other policy of the Nation [see Article VII. 7-1(c).]

There are no conflicts between these bylaws and the Oneida Code of Laws. Below is a detailed list of

laws that establish requirements related to Boards, Committees and Commissions generally.

A. Boards, Committees and Commissions [see O.C. Chapter 105]

a. This law establishes all requirements related to elected and appointed Boards, Committees

and Commissions of the Nation. The law governs the procedures regarding the

appointment and election of persons to boards, committees and commissions, creation of

bylaws, maintenance of official records, compensation, and other items related to boards,

committees and commissions. The AJRCCC Board is appointed by the Oneida Business

Committee. 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. These

AJRCCC Board bylaws comply with the Boards, Committees and Commissions law.

B. Code of Ethics [see O.C. Chapter 103]

a. The AJRCCC Board members are required to abide by the Code of Ethics law and Article

IV of the bylaws addresses the behavioral expectations of members some of which are

covered in the Code of Ethics law. This law promotes the highest ethical conduct from

elected and appointed government officials and expects that officials will demonstrate the

highest standards of personal integrity, truthfulness, honesty, and fortitude in all public

activities to inspire public confidence and trust in the governmental officials of the Oneida

Nation. Government officials are also expected to adhere to the laws, customs, and

traditions of the Nation.

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C. Conflict of Interest [see O.C. Chapter 217]

a. This law applies to the AJRCCC 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 amended bylaws require

members to disclose potential or real conflicts and gives entities the option to determine

how the conflict will be mitigated [see O.C. Chapter 105] and [see Article IV. 4-5 of the

bylaws]. These AJRCCC Board bylaws comply with the Conflict of Interest law and the

Board, Committees and Commissions law and include a conflict of interest mitigation

provision that in the incidence of a complaint or concern in a Board meeting, the conflicted

member shall excuse themselves from contributing to the conversation and refrain from

voting [see Article IV. 4-5(b)]. The mitigation provision is established in the Conflict of

interest law [see 217.5-2(b)].

D. Social Media Policy [see O.C. Chapter 218]

a. The AJRCCC Board bylaws address social media by prohibiting members from posting

confidential information shared in AJRCCC Board meetings and executive sessions on

social media. Any information published must be approved by the AJRCCC Board [see

Article IV. 4-4].

b. This law applies to the AJRCCC Board and regulates social media accounts including how

content is managed and who has authority to post on social media on behalf of the Nation.

BCC’s 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 and this policy, use a Tribal email address or ask for the

Secretary to allow the entity to operate the account utilizing the current e-mail address, and

ensure all content complies with all applicable tribal, state or federal laws.

E. Computer Resources Ordinance [see O.C. Chapter 215]

a. AJRCCC Board members are considered users under this law and must comply with the

established requirements which ensures appropriate use of the Nation’s computer

resources.

A. Travel and Expense Policy [see O.C. Chapter 219]

a. Members of the AJRCCC Board are eligible to be reimbursed for travel and per diem to

attend a conference or training in accordance with the Nation’s travel policies. A list of

eligible training and conference topics is included in Article I. 1-7 of the bylaws.

B. Open Records and Open Meetings [see O.C. Chapter 107]

a. The AJRCCC Board must comply with the Open Meetings and Open Records law. This

law details how records must be maintained. The AJRCCC Board bylaws delegates the

maintenance of the records to the Secretary [see Article II.2-4]. Portions of the AJRCCC

Board meetings may be considered closed meeting sessions if exception in this law related

to personnel matters or contracts are being discussed and deemed confidential.

C. Budget Management and Control [see O.C. Chapter121]

a. The AJRCCC Board is considered a fund unit of the Nation under this law. Fund unit

managers are required to develop, submit and maintain a triennial strategic plan for the

fund unit’s operations which aligns with the triennial strategic plan established by the

Oneida Business Committee. The Boards, Committees and Commissions law does not

require the bylaws to identify how each Board, Committee or Commission will complete

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this task and the Board did not include this task in these bylaws. The task is; however, still

required of the AJRCCC Board.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

February 20, 2019

Oneida Pow-wow Committee By-Laws

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,