# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3ee17857902775b3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

1 of 71

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.
I.

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)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 71

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
I.

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.

r'\.

OOODDD=
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of February 6, 2019
Page 1 of 2

ONEIDA

3 of 71

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.

V.

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

4 of 71

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.

Page 1 of 1

5 of 71

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

6 of 71

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

7 of 71

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.

Page 2 of 2

8 of 71

Proposed Draft
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

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
Page 1 of 9

9 of 71

Proposed Draft
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95

(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;
Page 2 of 9

10 of 71

Proposed Draft
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143

(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;
Page 3 of 9

11 of 71

Proposed Draft
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191

(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.
Page 4 of 9

12 of 71

Proposed Draft
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239

(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.

Page 5 of 9

13 of 71

Proposed Draft
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286

(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.

Page 6 of 9

14 of 71

Proposed Draft
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332

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.

Page 7 of 9

15 of 71

Proposed Draft
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380

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
Page 8 of 9

16 of 71

Proposed Draft
381
382
383
384
385

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

Page 9 of 9

17 of 71

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.
(c) How Vacancies are Filled. If a vacancy occurs on the Board, the Board shall
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.
Page 1 of 5

18 of 71

(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.
(c) Ensure the AJRCCC is equipped and staffed in a manner to provide the best
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.
(c) Receive, review and monitor all correspondence from the Board, present to the
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.
(c) Other duties as assigned by 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.
Page 2 of 5

19 of 71

(c) Perform the Chairperson's duties under section 2-2, except subsection (b) and (d),
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
(c) Opening/Prayer
(d) Approve/Amend Agenda
(e) Review/Approve/Amend Minutes
(f) Reports
Page 3 of 5

20 of 71

(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.
(c) Copies ofthe minutes shall be available in accordance with the Open Records and
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.
(c) The Chairperson shall report to the Oneida Business Committee member who is
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.
Page 4 of 5

21 of 71

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

Page 5 of 5

22 of 71

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.
(c) Ensure the AJRCCC is equipped and staffed in a manner to provide
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.

Page 1 of 6

23 of 71

Related Legislation

Enforcement/Due
Process

Public Meeting
Fiscal Impact

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

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

Page 2 of 6

24 of 71

Analysis to Proposed Draft
2019 02 20
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80

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)].

Page 3 of 6

25 of 71

Analysis to Proposed Draft
2019 02 20
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106

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.

107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130

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.

Page 4 of 6

26 of 71

Analysis to Proposed Draft
2019 02 20
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180

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

Page 5 of 6

27 of 71

Analysis to Proposed Draft
2019 02 20
181
182

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

Page 6 of 6

28 of 71

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,
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 Oneida Powwow Committee 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 (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

29 of 71

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 (2) informational meetings for the 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.

11/20/18:

Pow-wow Committee Work Group Meeting. Present: Tonya Webster, Kristen Hooker,
Maureen Perkins, Trista Cornelius-Henrickson. The purpose of this meeting was to go
through a rough draft version of the amendments to the Pow-wow Committee’s
bylaws and answer preliminary questions relating thereto. Next step is for the Powwow Committee to submit its final draft amendments to the LRO for review/revision.

2/5/19:

Pow-wow Committee Work Group Meeting. Present: Tonya Webster, Kristen Hooker,
Maureen Perkins, Trista Cornelius-Henrickson, Wayne Silas, Jr., Teresa Shuman. The
purpose of this meeting was to go through the LRO staff attorney’s proposed
revisions/suggestions to the draft bylaws amendments that were submitted by the Powwow Committee for review in advance of the deadline for requesting a legislative
analysis.

2/6/19:

LOC Work Meeting. Present: Kristen M. Hooker, Jennifer Falck, David P. Jordan,
Kirby Metoxen, Jennifer Webster. The purpose of this meeting was to go through the
final draft of the Pow-wow Committee’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 Oneida Pow-wow Committee By-Laws Amendments.
▪ Forward the Oneida Pow-wow Committee By-Laws Amendments to the Oneida Business
Committee for consideration.

Page 2 of 2

30 of 71

Proposed Draft
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Oneida Pow-wow Committee Bylaws
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Pow-wow Committee and may
hereinafter be referred to as the Committee.
1-2.

Establishment. This Committee was officially established by the Oneida Business
Committee through adoption of resolution BC-04-13-90-B and is further
recognized by the Oneida Business Committee through its approval of these
bylaws on October 15, 1997 and subsequent amendments on February 3,
1999, February 23, 2005, June 23, 2010, April 22, 2016, June 2, 2015, and
December 10, 2018.

1-3.

Authority.

The purpose of the Committee is to coordinate and manage annual Powwows in order to encourage people to enjoy and participate in social
activities, such as dancing, singing, visiting, the renewing of old friendships
and the making of new ones, through the authority delegated to the
Committee by the laws of the Nation.

1-4.

Office.

The official mailing address of the Committee shall be:
Oneida Pow-wow Committee
P.O. Box 365
Oneida, WI 54155

1-5.

Membership.
(a)
Number of Members. The Committee shall be made up of no more than nine
(9) members and no less than (5) members.
(1)
Each member shall hold office until his or her term expires, until his
or her resignation, or until his or her appointment is terminated in
accordance with the Boards, Committees and Commissions law.
(A)
Term Expiration. Although a member’s term has expired, he
or she shall remain in office until a successor has been sworn
in by the Oneida Business Committee.
(B)
Resignation. 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 Committee
Chairperson or Chairperson’s designee. The resignation is
deemed effective upon acceptance by motion of a member’s
verbal resignation or upon delivery of the written notices.
(b)
Appointment. Each Committee member shall be appointed in accordance
with the Boards, Committees and Commissions law to serve a three (3) year
term.
(1)
The Committee Chairperson shall review application materials and
provide the Oneida Business Committee with recommendations on
Page 1 of 10

31 of 71

Proposed Draft
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90

(c)

(d)

1-6.

applicants for appointment by the executive session in which
appointments are intended to be made.
(A)
The Chairperson shall recommend the appointment of
qualified applicants who are members of the Oneida Nation
over other qualified non-member applicants.
(2)
Committee members shall not be limited in the number of terms that
can be served consecutively or otherwise.
Vacancies. Vacancies shall be filled in accordance with the Boards,
Committees and Commissions law.
The Committee Chairperson shall review application materials and
(1)
provide the Oneida Business Committee with recommendations on
applicants for appointment by the executive session in which
appointments are intended to be made.
(A)
The Chairperson shall recommend the appointment of
qualified applicants who are members of the Oneida Nation
over other qualified non-member applicants.
Qualifications of Members. Committee members shall meet the following
qualifications:
(1)
Be a member of a federally-recognized Indian tribe;
Have a minimum of two (2) years of experience coordinating a Pow(2)
wow, participating in a Pow-wow, or coordinating a community
event.
(A)
Priority shall be given to those applicants with experience in
either Pow-wow coordination or Pow-wow participation
over those applicants with experience coordinating
community events unrelated to Pow-wows.
(3)
Must be at least eighteen (18) years of age or older;
(4)
Must never have been convicted of a felony or misdemeanor related
to any of the following:
(A)
Fraud;
(B)
Theft; and/or
(C)
Violent or Sexual misconduct.
(i)
Any pardon issued by the Nation or the governor of
any state for a conviction specified above shall not
deem a person as “exonerated” for purposes of
qualifying for membership on the Committee.
(5)
Must be able to dedicate weekends and nights to Committee related
obligations/activities.

Termination of Appointment. A member's appointment may be terminated in accordance
with the Boards, Committees and Commissions law.
(a)
A violation of any of the expectations set forth in Article IV of these bylaws
shall be cause for the Committee to place the matter on its next agenda for
a vote by a majority of the quorum of members in attendance on whether to
make a recommendation to the Oneida Business Committee for termination
Page 2 of 10

32 of 71

Proposed Draft
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135

of the member’s appointment in accordance with the Boards, Committees
and Commissions law.
1-7.

Trainings and Conferences. Mandatory trainings/conferences for Committee members
shall be as follows:
(a)
Each member shall be required to attend no more than one (1) full day of a
training or conference per year;
(b)
Trainings/conferences shall be limited to the following subject areas:
(1)
Planning/coordinating Pow-wow events;
(2)
Ethics; and
(3)
Event planning.
(c)
Attendance shall be subject to approval of the Committee Chairperson and
contingent upon financing; and
(d)
Attending and/or participating in Pow-wow events does not constitute
mandatory trainings/conferences for purposes of stipend eligibility.

Article II. Officers
2-1. Officers.
The Committee shall have four (4) Officer positions: Chairperson, ViceChairperson, Treasurer and Secretary.
2-2.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson of the Committee shall be as follows:
(a)
Preside at all meetings of the Committee and, with the assistance of the
Secretary, forward notice of meeting location, agenda, documents and
minutes.
(b)
Shall be an ex officio member of all subcommittees of the Committee, may
call joint or emergency meetings, and shall keep the Committee informed
as to the business of the Committee and Pow-wows.
(c)
Sign and execute all contracts or other instruments, as needed, that have
been duly authorized under the Nation’s accounting policies and, with the
assistance of the Treasurer, maintain the Committee’s books and records in
accordance with all laws of the Nation.
(d)
Shall, with the assistance of the Secretary, submit annual and semi-annual
reports to the General Tribal Council and submit quarterly reports to the
Oneida Business Committee as required by the Boards, Committees and
Commissions law.
(e)
Shall attend, or designate a Committee member to attend, the meetings of
the Oneida Business Committee where the Committee’s quarterly report is
on the agenda.
(f)
The above duties and responsibilities are not an all-inclusive list but rather
a general representation of the duties and responsibilities associated with
this Officer position. The duties and responsibilities will be subject to
change based on organizational needs and/or as deemed necessary by the
Committee.

Page 3 of 10

33 of 71

Proposed Draft
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181

2-3.

Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson shall be as follows:
(a)
In the absence of the Chairperson, shall conduct meetings of the Committee.
(b)
In the absence of the Chairperson, shall sign and execute all contracts or
other instruments, as needed, that have been duly authorized under the
Nation’s accounting policies.
(c)
The above duties and responsibilities are not an all-inclusive list but rather
a general representation of the duties and responsibilities associated with
this Officer position. The duties and responsibilities will be subject to
change based on organizational needs and/or as deemed necessary by the
Committee.

2-4.

Responsibilities of the Treasurer. The duties, responsibilities and limitations of the
Treasurer shall be as follows:
(a)
Be aware of and have primary knowledge of all funds and securities of the
Committee and deposit of such funds.
(b)
Prepare appropriation requests and, with the assistance of the Chairperson,
maintain the Committee’s books and records in accordance with all laws of
the Nation.
(c)
Report on the condition of the finances of the Committee at each regular
meeting of the Committee and at other times as required or requested.
(d)
The above duties and responsibilities are not an all-inclusive list but rather
a general representation of the duties and responsibilities associated with
this Officer position. The duties and responsibilities will be subject to
change based on organizational needs and/or as deemed necessary by the
Committee.

2-5.

Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary shall be as follows:
(a)
Keep minutes of the Committee meetings in an appropriate format and, with
the assistance of the Chairperson, forward notice of meeting location,
agenda, documents and minutes.
(b)
Provide notice of regular, emergency and joint meetings of the Committee.
(c)
Act as custodian of the records and maintain records in accordance with the
Nation’s Open Records and Open Meetings law.
(d)
Attest to the execution of instruments on behalf of the Committee by the
proper Officer.
(e)
Attend to all correspondence and present to the Committee all official
communications received by the Committee.
(f)
Along with the Chairperson, submit annual and semi-annual reports to the
General Tribal Council and submit quarterly reports to the Oneida Business
Committee in accordance with the Boards, Committees and Commissions
law.
(g)
The above duties and responsibilities are not an all-inclusive list but rather
a general representation of the duties and responsibilities associated with
this Officer position. The duties and responsibilities will be subject to
Page 4 of 10

34 of 71

Proposed Draft
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226

change based on organizational needs and/or as deemed necessary by the
Committee.
2-6.

Selection of Officers. The Officers of the Committee shall be appointed by the Committee
for a three (3) year term by a majority vote of the quorum in attendance at
a regular or emergency meeting.
(a)
Each Officer shall hold his or her office until:
(1)
The member resigns as an Officer.
(b)
A vacancy of any Officer position shall be filled by the Committee by a
majority vote of the quorum in attendance at a regular or emergency
meeting for the unexpired term.
(c)
The designation of a term shall not grant to the Officer any vested or
contractual rights in serving the term.

2-7.

Budgetary Sign-Off Authority and Travel. The Committee shall follow the Nation’s
policies regarding purchasing and sign-off authority.
(a)
Budgetary sign-off authority for the Committee shall be as follows:
(1)
Sign-off authority shall occur in accordance with the accounting
policies of the Nation.
(2)
The Committee Chairperson has sign-off authority on any duly
authorized contracts of three thousand dollars ($3,000) or less.
(b)
Checks, Appropriations and Other Orders of Payment. All checks and other
orders of payment shall be handled pursuant to the Nation’s accounting
policies. All appropriation requests shall be prepared by the Treasurer of the
Committee or, in his or her absence, the Committee Chairperson’s designee.
(c)
Deposits. All funds of the Committee not otherwise obligated shall be
deposited back into the Pow-wow budget.
(1)
The Committee shall adopt policies and procedures for handling
cash, accounting and record keeping for and during all Pow-wows.
(d)
Books and Records. The Committee's books and records shall be maintained
by the Chairperson and Treasurer of the Committee and shall be available
for examination by any Committee member or any member of the Oneida
Business Committee, along with any other interested party to the extent
authorized under the Nation’s Open Records and Open Meetings law.
(e)
The Committee shall approve a member’s request to travel on behalf of the
Committee by a majority vote at a regular or emergency meeting of the
Committee.

2-8.

Personnel.

(a)

The Committee has authority, dependent upon budgeted funds and subject
to the Oneida Business Committee’s approval, to hire personnel for the
benefit of the Committee.
The hiring of all Committee personnel shall be conducted in accordance
with the Nation’s Personnel Policies and Procedures.

Page 5 of 10

35 of 71

Proposed Draft
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272

Article III. Meetings
3-1. Regular Meetings. Regular meetings shall be determined by the Committee. The regular
meeting time, place and agenda shall be determined at a regular meeting. If
no alternate designation is made by the Committee, the regular meetings
shall be held on the second Tuesday of every month.
Notice of meeting location, agenda, documents and minutes shall be
(a)
forwarded by the Chairperson with the assistance of the Secretary.
(b)
Meetings shall be run in accordance with Robert's Rules of Order.
3-2.

Emergency Meetings. An emergency meeting may be called when a matter cannot wait for
a regular meeting.
(a)
Emergency meetings of the Committee may be called by the Chairperson
or upon written request of any two (2) Committee members.
(b)
Notice of an emergency meeting shall be given at least forty-eight (48)
hours prior to the date set for any such meeting.
(1)
Notice may be communicated in person, by email, or other wire or
wireless communication.
(c)
Within seventy-two (72) hours after an emergency meeting, the Committee
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
meeting could not wait until the next regular meeting.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee shall be held at an
agreed upon location on an as needed basis per the approval of the Oneida
Business Committee.
(a)
Subject to approval from the Oneida Business Committee, joint meetings of
the Committee may be called by the Chairperson or upon written request of
any two (2) Committee members.
(b)
Notice of the meeting location, agenda, documents and minutes shall be
forwarded by the Committee Chairperson with the assistance of the
Committee Secretary.

3-4.

Quorum.

3-5.

Order of Business. The regular meetings of the Committee shall follow the order of
business at set out herein:
(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 consists of no less than a majority of the current membership and
must include the Chairperson or Vice-Chairperson.

Page 6 of 10

36 of 71

Proposed Draft
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318

3-6.

Voting.
(a)
(b)
(c)

Voting shall be in accordance with a majority vote of the quorum of
Committee members present at a duly called meeting.
The Chairperson shall not be allowed to vote unless a tie needs to be broken.
E-Polls are permissible and shall be conducted in accordance with the
Boards, Committees and Commissions law.
The Vice-Chairperson will serve as the Chairperson’s designee for the
responsibility of conducting an e-poll at the discretion of the Chairperson.

Article IV. Expectations
4-1. Behavior of Members. Committee members are expected to be respectful of others and to
arrive at meetings, as well as other Committee related activities, prepared
and on-time. The following behavior constitutes a violation of this Section
of the bylaws:
(a)
Missing three (3) unexcused consecutive Committee meetings without
sufficient justification.
(1)
A Committee member will be deemed unexcused if he or she fails
to provide notice of the intended absence to a Committee member
in advance of the meeting that he or she will be absent from.
(b)
Being found guilty of or substantiated for committing any of the following:
(1)
Acts of fraud;
(2)
Acts of theft; and/or
(3)
Any other acts of violence, dishonesty or abuse of power.
(c)
Enforcement. If a member violates this or any other Section set forth in
Article IV of these bylaws, he or she may be subject to any of the following
upon majority vote of the quorum present at a duly called meeting:
(1)
Removal of the member from a meeting or other gathering of the
Committee, which could affect the member’s stipend eligibility;
(2)
Committee action to discipline the member in accordance with any
law of the Nation governing sanctions and penalties for appointed
officials; and/or
(3)
A recommendation for termination of the member’s appointment to
the Oneida Business Committee in accordance with the Boards,
Committees and Commissions law and/or any other law of the
Nation governing the termination of appointed officials.
4-2.

Prohibition of Violence. Intentionally violent acts committed by a member of the
Committee that inflicts, attempts to inflict, or threatens to inflict emotional
or bodily harm on another person, or damage to property, are strictly
prohibited.

4-3.

Drug and Alcohol Use. The use of alcohol and prohibited drugs by a member of the
Committee when acting in his or her official capacity is strictly prohibited.

4-4.

Social Media. Committee members shall comply with the Oneida Nation’s Social Media
Policy.
Page 7 of 10

37 of 71

Proposed Draft
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363

4-5.

Conflict of Interest. Committee members shall comply with all laws of the Nation
governing conflicts of interest.

Article V. Stipends and Compensation
5-1. Stipends.
Dependent upon available budgeted funds, each Committee member shall
be 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) meeting stipend per month of seventy-five dollars ($75) provided
that:
(1)
A quorum was established;
(2)
The meeting of the established quorum last for a minimum of one
(1) hour; and
(3)
The Committee member collecting the stipend was physically
present for the entire meeting of the established quorum in
accordance with the Boards, Committees and Commissions law.
(b)
For attending a conference or training, a stipend of one hundred dollars
($100) for each day of attendance, provided that:
(1)
The Committee member attended a full day of training or was
present at the conference for a full day; and
(2)
The Committee member’s attendance at the conference or training
was required by law, bylaw or resolution.
(c)
Stipends for attending Judiciary hearings if the Committee member is
specifically subpoenaed.
(d)
A stipend of seventy-five dollars ($75) for attending a duly called joint
meeting between the Committee and the Oneida Business Committee,
provided that:
(1)
A quorum was established by both the Committee and the Oneida
Business Committee;
(2)
The joint meeting of established quorums lasted for at least one (1)
hour; and
(3)
The Committee member collecting the stipend was physically
present for the entire joint meeting.
(e)
Members will be required to fill out a time-sheet for stipend requests.
(1)
Stipend requests must be signed by the Committee Chairperson or
Chairperson’s designee.
5-2.

Compensation. A Committee member shall be compensated twenty-five dollars ($25) per
hour for services he or she provides during each Pow-wow event, not to
exceed two hundred dollars ($200) per day and contingent upon available
budgeted funds.
(a)
Services provided “during each Pow-wow event” shall include:
(1)
Services relating to setting up for the Pow-wow event;
(2)
Services provided on the day(s) of the Pow-wow event; and
Page 8 of 10

38 of 71

Proposed Draft
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407

(3)

(b)

Services relating to taking down/cleaning up after the Pow-wow
event.
Committee members shall keep track of their hours of service provided
during a Pow-wow event on a timesheet.

Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be maintained in a format provided by the Oneida
Business Committee Support Office.
6-2.

Minutes.

(a)

Minutes shall be typed in a format provided by the Oneida Business
Committee Support Office and as agreed upon by the Committee to generate
the most informative record of the Committee’s meeting and shall include
a summary of the action taken by the Committee during meetings.
All minutes shall be submitted to the Oneida Business Committee Support
Office within two (2) business days of the meeting date.

6-3.

Attachments. Attachments to the minutes and agenda from the meeting in which they
were presented shall be kept together in an electronic filing system.

6-4.

Oneida Business Committee Liaison. The Committee shall meet with the Oneida Business
Committee member who is its designated liaison as needed, the frequency
and method of communication to be agreed upon between the liaison and
the Committee.
(a)
The Committee shall check in with its liaison on a quarterly basis.
(b)
Purpose of the liaison relationship is to uphold the ability of the liaison to
act as support to the Committee.

6-5.

Audio Recordings. All Committee meetings shall be audio recorded.
(a)
The Oneida Business Committee Support Office shall supply a recording
device to the Committee in advance of each meeting.
(1)
The Committee shall return, or the Oneida Business Committee
Support Office shall pick up, the recording device within two (2)
business days of each meeting.
(2)
Audio recordings shall be maintained by the Oneida Business
Committee Support Office.
(b)
Exception. Audio recordings of executive session portions of a meeting
shall not be required.

Article VII. Amendments
7-1. Amendments. Amendments shall be made to these bylaws at a regular meeting of the
Committee, provided that written notice of the proposed amendments is
made at a prior regular meeting.
(a)
The Committee may amend these bylaws by the affirmative vote of a
majority of the quorum present at the meeting.

Page 9 of 10

39 of 71

Proposed Draft
408
409
410
411
412
413
414
415

(b)
(c)

Amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other policy of the
Nation.
Amendments to these bylaws shall be approved by the Oneida Business
Committee before implementation.
[SIGNATURE BLOCK NEEDS TO BE ADDED]

Page 10 of 10

40 of 71

Oneida Pow-wow Committee Bylaws
Article I. Authority
1-1.
Name. The name of this committee shall be the Oneida Pow-wow Committee,
hel'einafter referred to as "Committee."
1-2.
Authority. This Committee was officially recognized by the Oneida Business Committee
through adoption of resolution BC-04-13-90-B and bylaws were approved by the Oneida
Business Committee on October 15 , 1997, and amended on February 3, 1999, February
23, 2005 , June 23,2010 and April 22, 2015 .
Qfftce.
1-3.
The official mailing address of the Committee shall be:
Oneida Pow-wow Committee
P.O. Box 365
Oneida, WI 54155
The physical meeting place shall be determined at the first meeting of the Committee and
may change from time to time as determined by the Committee but shall be within the
Reservation boundaries.
Membership.
1-4.
(a)
Number of Members. The Committee shall be made up of nine (9) members with
voting powers.
(I)
The Committee shall in no event be comprised of less than five (5)
members.
(2)
Each member shall hold office until his or her term expires, until his or her
resignation, or until his or her appointment is terminated in accordance
with the Comprehensive Policy Governing Boards, Committees and
Commissions.
(b)
Qualifications. In order to be appointed to the Committee, an individual shall:
(I)
Be a member of a federally-recogni zed Indian tribe; and
(2)
Have Pow-wow knowledge, as demonstrated through experience
coordinating a Pow-wow or participating in a Pow-wow; or have
experience in coordinating a community event.
(c)
How Appointed. Each Committee member shall be appointed in accordance with
the Comprehensive Policy Governing Boards, Committees and Commissions to
serve a three (3) year term. Qualified applicants who are members of the Oneida
Tribe of Indians of Wisconsin shall be appointed to the Committee over other
qualified applicants. Committee members shall not be limited in the number of
terms that can be served consecutively or otherwise.
(d)
Vacancies.
(1)
Filling of Vacancies, Generally. If a vacancy occurs on the Committee,
the Committee shall provide written notice to the Oneida Tribal Secretary
so that the Oneida Business Committee may fill the vacancy; however, the
filling of a vacancy may be timed to correspond with the activities and the
needs of the Committee. The Committee may make recommendations as
to possible candidates.
(2)
Resignation. A member may resign at any time verbally or by delivering
written notice to the Committee.
(A)
Effective Date of Resignation. A resignation is effective upon
acceptance by motion or delivery of notice.
Page 1 of 5

41 of 71

(B)

1-5.

1-6.

1-7.

Filling of Vacancies if Resignation is Deferred. A vacancy that
may occur at a specific later date by reason of resignation may be
filled before the vacancy occurs, but the new member cannot take
office until the vacancy occurs.
(3)
Terms of Replacement Member. A replacement member shall hold office
through the unexpired portion of the term of the member whom he or she
has replaced or until his or her earlier exit.
(4)
Termination ofAppointment. A member's appointment may be terminated
in accordance with the Comprehensive Policy Governing Boards,
Committees and Commissions.
Meeting Stipends. Dependent upon available budgeted funds, each Committee member
shall be compensated at a rate of no more than fifty dollars ($50.00) per month when at
least one (I) meeting is conducted, provided that the meeting has established a quorum
for a minimum of one (I) hour and the Committee member collecting the stipend was
present for at least one (I) hour of the established quorum, in accordance with the
Comprehensive Policy Governing Boards, Committees and Commissions.
Purpose. The purpose of the Committee is to coordinate and manage annual Pow-wows
in order to encourage people to enjoy and participate in social activities, including
dancing, singing, visiting, renewing old friendships and making new ones.
Pow-wow Activities. The Committee shall, at a duly called meeting by motion and
recorded within the minutes, identify each member, the services he or she shall provide
during each Pow-wow and the specific dates and times during which the member shall
perform such services. A member shall be compensated twenty-five dollars ($25.00) per
hour for services he or she provides during each Pow-wow, not to exceed two hundred
dollars ($200.00) per day, contingent upon available budgeted funds.

Article II. Officers.
2-1.
Officers.
The officers of the Committee shall consist of a Chairperson, ViceChairperson, Treasurer and Secretary. The Committee may elect such other officers and
assistant officers as it deems necessary.
2-2.
Chairperson Duties. The responsibility, duties and powers of the Chairperson of the
Committee are as follows:
(a)
Preside at all meetings of the Committee.
(b)
Shall be an ex officio member of all subcommittees of the Committee, may call
emergency and special meetings, and keep the Committee informed as to the
business of the Committee and Pow-wows.
(c)
Sign and execute all contracts or other instruments which the Committee has
authorized, as needed.
(d)
The Chairperson and the Secretary shall submit reports to the Oneida Business
Committee for publication in the General Tribal Council annual and semi-annual
reports, and shall submit quarterly reports to the Oneida Business Committee.
2-3.
Vice-Chailperson Duties. The Vice-Chairperson shall:
(a)
In the absence of the Chairperson, conduct meetings of the Committee.
(b)
Sign and execute all contracts or other instruments which the Committee has
authorized, as needed .
2-4.
Treasurer Duties. The responsibilities, duties and powers of the Treasurer are as follows:
(a)
Be aware of and have primary knowledge of all funds and securities of the
Committee and deposit of such funds.
Page 2 of 5

42 of 71

(b)

2-5

2-6 .

2-7.

2-8.

Sign and execute all contracts or other instruments which the Committee has
authorized, as needed.
Repott on the condition of the finances of the Committee at each regular meeting
(c)
and at other times as required or requested.
Secretary Duties. The responsibilities, duties and powers of the Secretary are as follows:
(a)
Keep minutes of the Committee meetings in an appropriate format.
(b)
Provide notice of regular, emergency and special meetings of the Committee.
Act as custodian of the records.
(c)
Attest to the execution of instruments on behalf of the Committee by the proper
(d)
officer.
Attend to all correspondence and present to the Committee all official
(e)
communications received by the Committee.
Along with the Chairperson, submit reports to the Oneida Business Committee for
(f)
publication in the General Tribal Council annual and semi-annual reports, and
submit quarterly reports to the Oneida Business Committee.
How Chosen and Length of Term. The officers of the Committee shall be appointed by
the Committee for a three (3) year term.
(a)
Each officer shall hold his or her office until:
the member resigns; or
(I)
(2)
the member has his or her appointment terminated in the manner set out in
the Comprehensive Policy Governing Boards, Committees and
Commissions.
A vacancy of any officer shall be filled by the Committee for the unexpired term.
(b)
The designation of a term shall not grant to the officer any vested or contractual
(c)
rights in serving the term.
Subcommittees. Subcommittees shall be created when necessary by the Chairperson with
the approval of the Committee. A subcommittee shall serve until the duties it has been
assigned are discharged or a final report is given.
Personnel. The Committee has the authority, dependent upon budgeted funds, to hire
personnel to conduct a Pow-wow, such as: emcees, arena directors, tabulators, and
judges for drum and dance.

Article III. Meetings
3-1.
Regular Meetings. Regular meetings shall be determined by the Committee. The regular
meeting time, place and agenda shall be determined at a regular meeting. If no alternate
designation is made by the Committee, the regular meetings shall be the last Tuesday of
every month. Notice of meeting location, agenda and materials shall be forwarded by the
Chairperson with the assistance of the Secretary. Meetings shall be run in accordance
with Robert's Rules of Order.
3-2.
Emergency and Special Meetings. Emergency or special meetings of the Committee may
be called by the Chairperson or upon written request of any two (2) members. The
Chairperson shall designate a time and place for holding an emergency or special
meeting.
3-3.
Notice of Emergency or Special Meeting. Notice of an emergency or special meeting
shall be given at least forty-eight (48) hours prior to the date set for any such meeting.
Notice may be communicated in person, by facsimile or other wire or wireless
communication, or by mail.
3-4.
Quorum. Five (5) of the Committee members shall constitute a quorum for transaction of
Page 3 of 5

43 of 71

3-5.

3-6.

business, which shall include the Chairperson or Vice-Chairperson.
Order of Business. The regular meetings of the Committee shall follow the order of
business at set out herein:
(a)
Call to Order
(b)
Roll Call
(c)
Approving of Previous Meeting Minutes
{d)
Subcommittee Reports
(e)
Old Business
(f)
New Business
(g)
Adjournment
Voting. Voting shall be in accordance with the simple majority vote of the Board
members present at a duly called meeting. The Chairperson shall vote only in case of a
tie.

Article IV Reporting.
4-1.
Format. Agenda items shall be in an identified format.
4-2.
Minutes. Minutes shall be typed and in a consistent format designed to generate the most
informative record of the meetings of the Committee.
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.
Reporting. The Chairperson shall report to the Oneida Business Committee Liaison, if
4-4.
one is designated.
Article V. Amendments.
5-1.
Amendments to Bylaws. Amendments shall be made to these Bylaws at a regular meeting
of the Committee provided that written notice of the proposed amendments was made at a
prior regular meeting. The Committee may amend the Bylaws by the affirmative vote of
the majority of the members. Amendments are effective upon adoption of the Committee
and approval by the Oneida Business Committee.
Article VI. Contracting and Accounting
6-1.
Budgets. The Chairman and Treasurer of the Committee shall oversee the Pow-wow
budgets and have sign-off authority according to the accounting procedures of the Tribe.
6-2 .
Contracts. . The Committee may authorize the Chairperson, Vice-Chairperson or
Treasurer to enter into any contract or execute and deliver any instrument in the name of
and on behalf of the Committee, and such authority may be general to specific instances
within the purpose for which this Committee is formed. Any contract over ten thousand
dollars ($10,000 .00) shall be approved by vote of the Committee.
6-3.
Checks, Appropriations and Other Orders of Payment. All checks and other order of
payment shall follow the accounting procedures designated by the Tribe.
All
appropriation requests shall be prepared by the Treasurer of the Committee.
6-4.
Deposits. All funds of the Committee not otherwise obligated, shall be deposited back
into the Pow-wow budget. The Committee shall adopt policies and procedures for
handling cash, accounting and record keeping for and during all Pow-wows.
6-5.
Books and Records. The Committee's books and records shall be maintained by the
Chairman and Treasurer of the Committee and shall be available for examination by any
Committee member or any member of the Oneida Business Committee.
Page 4 of 5

44 of 71

These Bylaws, as amended and revised, are hereby attested to as adopted by the Pow-wow
Committee at a duly called meeting held on the
, 2015.
i -fli day of f1 i-f

t

A

UoydEow less, Jr. Chairpe~1
Oneida Pow-wow Committee

and apP.roved by the
Business Committee at a duly called meeting held on the
~
day of __::= ~ ~"'---' 2015 .

Lisa Summers, Tribal Secretar
Oneida Business Committee

Page 5 of 5

45 of 71

Analysis to Proposed Draft
2019 02 20

Oneida Pow-wow Committee Bylaw Amendments
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Legislative
Reference Office
Complies with
Boards,
Committees and
Commissions Law

Intent of the
Bylaws

Purpose

Legislation Related
to Boards,
Committees and
Commissions
Enforcement/Due
Process

Public Meeting
Fiscal Impact

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 Powwow Committee (Committee) to govern the standard procedures regarding the way
the Committee conducts its affairs, including: the appointment of persons to the
Committee, 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 Committee is to coordinate and manage annual pow-wows in
order to encourage people to enjoy and participate in social activities, including
dancing, singing, visiting, renewing old friendships and making new ones through
authority delegated to the Committee by the laws of the Nation.
Boards, Committees and Commissions law, Code of Ethics law, Travel and
Expense Policy, Conflict of Interest law, Social Media Policy, Computer Resources
Ordinance, 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 Committee serve at the discretion of the
OBC. Upon the recommendation of a member of the OBC or by vote of the
Committee, a member of the Committee 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].
The Committee shall consider and vote by a majority of members in attendance on
a recommendation for termination of a member’s appointment for OBC
consideration if a violation of any of the expectations set forth in Article IV. 4-1 of
the bylaws occurs [see Article I. 1-6(a)].
Public meetings are not required for bylaws.
A Fiscal Impact Statement is not required for bylaws.

Page 1 of 6

46 of 71

Analysis to Proposed Draft
2019 02 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

SECTION 2. BACKGROUND
A. The Committee bylaw amendments were added to the active files list on October 3, 2018 with David
P. Jordan as the sponsor.
B. The Committee was officially recognized by the OBC through adoption of resolution BC-04-13-90-B
and bylaws were approved by the OBC on October 15, 1997, and amended on February 3, 1999,
February 23, 2005, June 23, 2010 and April 22, 2015.

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 Commission
Stipends.

SECTION 4. AMENDMENTS
This section details the changes to the bylaws from the previously adopted bylaws.
A. ARTICLE I. AUTHORITY
a. 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, in addition to the Committee Chairperson or designee, of a written
resignation and the resignation is now effective when the written notice is received or by
motion of the Committee [see Article I. 1-5(a)(1)(B)]. The deferral of a vacancy of the
Committee was removed [see Article I. 1-4(d)(2)(B) of current bylaws].
b. A provision related to the replacement term being through the unexpired term was removed
[see Article I. 1-4(d)(3)].
c. Several qualifications were added to recruit board members with desirable skills and
experience [see Article I. 1-5(d)]:
• A minimum of two (2) years of experience coordinating or participating in a
pow-wow or coordinating a community event. Priority is given to those
applicants with experience in pow-wow coordination or participation over
applicants who do not have this experience. The current bylaws require
experience but do not require two (2) years of experience.
• Must be eighteen (18) years of age or older in compliance with the Boards,
Committees and Commissions law.
• Must never have been convicted of a felony or misdemeanor related to fraud,
theft or violent or sexual misconduct.
a. A pardon by the Nation or the governor of any state shall not deem a
person as “exonerated” for purposes of qualifying for membership on
the Committee.
• Must be able to dedicate weekends and nights to Committee related obligations
/ activities.
d. A provision was added that any violation of the expectations section of bylaws will require
the Committee to place the matter on the next Committee agenda and vote on whether to
recommend to the OBC that a member’s appointment be terminated from the Committee.
The vote will be determined by a majority of the members in attendance [see Article 1. 16(a)].

Page 2 of 6

47 of 71

Analysis to Proposed Draft
2019 02 20
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90

e. A section was added for trainings and conferences that complies with the Boards,
Committees and Commissions law. Each member of the Committee is required to attend,
upon approval of the Committee Chairperson, no more than one (1) full day of training per
year to include training in conducting or coordinating pow-wow events and/or activities,
ethics and event planning [see Article I. 1-7]. Although a member would not be in violation
of the bylaws if they do not attend a training; if a training were to become available the
Chairperson could mandate the Committee to attend.
• Attending or participating in pow-wow events is not eligible for a training
stipend [see Article I. 1-7(d)].
B. ARTICLE II. OFFICERS
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 Committee 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 Boards, Committees and Commissions law. This requirement creates
accountability regarding committee action related to travel and authority to make budgetary
decisions. [see Article II. 2-7].
• The provision related to Committee approval of contracts was changed from
$10,000 to $3,000. The Committee will follow the Nation’s laws and policies
for all contracts.
c. The personnel section has changed. The committee can now hire personnel on behalf of
the committee subject to OBC approval and budgeted funds; subject to the Nation’s
Personnel Policies and Procedures [see Article II. 2-8].
• The hiring of pow-wow personnel was removed from this section as these are
contracted positions and the Committee will follow the Nation’s policies
regarding all contracts in accordance with Article II. 2-7.
d. A provision was added to allow the Chairperson to handle appropriation requests in the
absence of the Treasurer [see Article II. 2-7(b)].
C. ARTICLE III. MEETINGS
a. Special meetings were removed, and joint meetings with the OBC subject to OBC approval
were added to the bylaws in accordance with the Boards, Committees and Commissions
law [see 105.10-3(c)].
b. A provision was added per the Boards, Committees and Commissions law that the
Committee will notify the Nation’s Secretary within 72 hours of the meeting being held
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)].
c. The meeting quorum changed from five (5) members to a majority of the current
membership [see Article III. 3-4].
d. The Order of Business changed in accordance with the Boards, Committees and
Commissions law [see Article III. 3-5].
e. The use of e-polls that follow the requirements established in the Boards, Committees and
Commissions law and are conducted by the Chairperson or Vice Chairperson at the
Chairperson’s discretion was added [see Article III. 3-6(c)].

Page 3 of 6

48 of 71

Analysis to Proposed Draft
2019 02 20
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139

D. ARTICLE IV. EXPECTATIONS
This section is a 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 removal
from a meeting or other gathering of the Committee, which could affect stipend eligibility,
the Committee taking action according to any laws of the Nation, or recommendation by
the Committee for termination of appointment by the OBC [see Article IV. 4-1(c)].
b. Intentional acts of violence that inflicts, attempts to inflict or threatens to inflict emotional
or bodily harm or damage to property are prohibited [see Article IV. 4-2].
c. Drug and alcohol use by a member when acting in an official capacity is prohibited [see
Article IV. 4-3].
d. The Committee shall comply with the Nation’s Social Media Policy [see Article IV. 4-4].
e. The Committee will be required to comply with the Nation’s laws governing conflicts of
interest [see Article IV. 4-5]. The Committee bylaws do not include any additional
information related to the mitigation of conflicts of interest which is optional under the
Boards, Committees and Commissions law [see 105.10-1(d)(c)].
E. ARTICLE V. STIPENDS AND COMPENSATION
a. This section provides a list of eligible stipends members of the Committee are eligible to
receive [see Article V. 5-1]. Stipends in addition to the regular once per month meeting
include:
• Stipends for attending Judiciary hearings if subpoenaed.
• Stipends for a duly called Joint Meeting with the OBC.
• Stipends for attendance at a full day of training or a conference if required by
law, bylaw or resolution.
F. ARTICLE VI. RECORDS AND REPORTING
a. Provisions added related to records and reporting in accordance with the Boards,
Committees and Commissions law include:
• A provision that the minutes will follow the format provided by the BCSO [see
Article VI. 6-2].
• A provision that meeting minutes will be submitted to the BCSO within two
business days of the meeting date [see Article VI. 6-2(a)].
• Regular meetings with the OBC Liaison as agreed upon by the Committee and
the liaison was added to include a quarterly check in [see Article VI. 6-4].
• A requirement that all meetings are to be audio recorded. 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).]

SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS
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

Page 4 of 6

49 of 71

Analysis to Proposed Draft
2019 02 20
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189

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 Committee is appointed by the OBC. 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 Committee bylaws comply
with the Boards, Committees and Commissions law.

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

C. Travel and Expense Policy [see O.C. Chapter 219]
a. Members of the Committee 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.

D. Conflict of Interest [see O.C. Chapter 217]
This law applies to the Committee 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
Committee bylaws require compliance with the Nation’s laws governing conflict of interest
[see Article IV. 4-5].

E. Social Media Policy [see O.C. Chapter 218]
a. This law applies to the Committee and regulates

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3ee17857902775b3. Public record. Not legal advice.