BC Resolution 02-25-15-C

Tribal code

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Text

Adoption of Amendments to the following to remove references to the Oneida Appeals

Commission pursuant to GTC Resolution 07-01-13-A:

Attorney Contract Policy, Condominium Ordinance, Emergency Management and Homeland

Security, Employee Protection Policy, Local Land Use Regulation Reimbursement Policy, Notary

Act, Oneida Election Law, Oneida Food Service Code, Oneida Nation Law Enforcement Ordinance,

Oneida Vendor Licensing, Real Property Law, Social Media Policy, Tattooing and Body Piercing

Law and Tribal Environmental Response

WHEREAS,

the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and

a treaty tribe recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of

Wisconsin; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV of the

Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

GTC Resolution 07-01-13-A authorized the Oneida Business Committee to make

corrective amendments to all of the laws and policies that make reference to the Oneida

Appeals Commission or the Oneida Tribal Judicial System and replace those terms with

terms that are consistent with the Judiciary Law adopted by GTC Resolution 01-07-13-B;

and

WHEREAS,

GTC Resolution 07-01-13-A authorizes the Oneida Business Committee to bypass the

procedural requirements in the Legislative Procedures Act in order to make these

changes; and

WHEREAS,

the amendments that are being made to the Law are those changing references to the

Oneida Appeals Commission to “Judiciary,” adding a definition of “Judiciary” and

removing any references that would require the Judiciary to comply with the

Administrative Procedures Act or the Oneida Appeals Commission Judiciary Code, as the

Judiciary has their own set of procedural rules.

NOW THEREFORE BE IT RESOLVED, that the attached amendments to the Attorney Contract Policy,

Condominium Ordinance, Emergency Management and Homeland Security, Employee Protection Policy,

Local Land Use Regulation Reimbursement Policy, Notary Act, Oneida Election Law, Oneida Food

Service Code, Oneida Nation Law Enforcement Ordinance, Oneida Vendor Licensing, Real Property Law,

Social Media Policy, Tattooing and Body Piercing Law and Tribal Environmental Response are hereby

adopted effective immediately.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 8 members

were present at a meeting duly called, noticed and held on the 25 day of February, 2015; that the

BC Resolution 02-25-15-C

Adoption of Amendments to the following to remove references to the Oneida Appeals Commission pursuant to GTC

Resolution 07-01-13-A:

Attorney Contract Policy, Condominium Ordinance, Emergency Management and Homeland Security, Employee Protection

Policy, Local Land Use Regulation Reimbursement Policy, Notary Act, Oneida Election Law, Oneida Food Service Code,

Oneida Nation Law Enforcement Ordinance, Oneida Vendor Licensing, Real Property Law, Social Media Policy, Tattooing

and Body Piercing Law and Tribal Environmental Response

Page 2 of 2

forgoing resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against,

and 2 members not voting; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

Attorney Contract Policy

Article V. Contract Contents

Article VI. Contract Approval

Article VII. Oneida Law Office

Article I. Purpose and Policy

Article II. Adoption, Amendment, Repeal

Article III. Definitions

Article IV. Procedures

Article I. Purpose and Policy

1-1. The purpose of this policy is to regulate the utilization of Attorneys within the Oneida

Tribal organization and attorneys and fir ms hired on retainer outside the Oneida Tribal

organization to maximize the professional services and reduce conflict am

ong professionals.

1-2. It is the policy of the Oneida Tribe ofndians

of Wisconsin to utilize a centralized legal

office to ensure efficiency and cost ef

fectiveness.

Article II. Adoption, Amendment, Repeal

2-1. This policy is adopted by the Oneida Business Committee by resolution # BC-6-24-98-B

and amended by resolution BC-02-25-15-C.

2-2. This policy m ay be am ended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Comm

ittee or the Oneida General Tribal

Council.

2-3. Should a provision of this policy or theplication

thereof to any person or circum

stances

be held as invalid, such invalidity shall not affect other portions of this policy which are

considered to have legal force and

effect without the invalid portions.

2-4. All other Oneida policies, regulations, rules, resolutions, motions and all other similar

actions which are inconsistent with this policy are hereby repealed unless specifically re-enacted

after adoption of this policy, specifically:

a. BC-6-29-94-A - resolution adop

ting the Attorney Contracts Policy on an interimbasis.

Article III. Definitions

3-1. This Article shall govern the definitions of words or phrase

s as used herein. All words not

defined herein shall be used in eir

th ordinary and everyday sense.

3-2. “Attorney Contract” as used herein eans

m any contract for services of any kind, whether as

an employee of the Tribe or as a consultant. It includes contracts for piecemeal work, or for

projects of any type, length or duration of e.tim

3-3. “Division” as used herein eans

m any entity of the Oneida Tribe ofIndians of Wisconsin for

which the liability from actions of that entity reside on the Oneida Tribe, including, but not

limited to, all boards, committees, commissions, enterprises, or programs.

3-4. “Chief Counsel” as used herein m

eans the supervising attorney of the Oneida Law Office

which is a division of the Oneida Tribe.

3-5. “Judiciary” as used herein means the judicial system that was established by Oneida

General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

Article IV. Procedures

4-1. All attorney contracts shall be approvedby the Oneida Business Committee, pr

ovided that

those contracts listed below shall be approved in accordance with the procedures set out in 25

C.F.R. §81:

a. Any attorney contract in the opinion of the Chief Counsel requiring review and

approval under 25 C.F.R. §81, or

b. Any other attorney contractrequired by law to havereview and approval under 25

C.F.R. §81.

4-2. All attorney contracts shall be signed by the Chairperson and one officer of the Oneida

Business Committee on behalf of the Oneida Tribe of Indians of Wisconsin. All attorney

contracts shall be contracted through the Chief Counsel’s office and supervised by Chie f

Counsel’s office.

4-3. Exceptions to Supervision Requirem

ent. The following are exceptions to the requirement

that attorneys are supervisedby Chief Counsel’s Office:

a. Judiciary - attorneys retained by the Judiciary shall have a clause within any contract

which maintains the autonomy of the judicial branch.

b. Compliance Division - Employee Advocates Office - attorneys retained by th

is office

shall a clause within anycontract which maintains the autonomy of that office.

c. Other offices which represents persons against the interests of the Oneida Tribe as

service offered by the Oneida Tribe.

Article V. Contract Contents

5-1. Attorney contracts shall contain the follo

wing clauses. Provided that, Chief Counsel may

approve exceptions to any of the

clauses listed in this se

ction.

5-2. Attorney contracts shall contain the inimum

information, limitations, restrictions and the

like as set out below:

a. Documentation required annually regarding acquisition and maintenance of bar status

- good standing.

b. A statement that no conflicts of interest exist prior to executing the contract and after

executing the contract.

c. A clause that indicates that the partie

s to the contract may terminate upon reasonable

notice by either parties or the Ch

ief Counsel. Further, that continuation of the contract is

not subject to automatic renewal and is subj

ect to continuing budgeting for the position..

d. A clause clearly ind

icating what services and/or deliverables will be rendered under

the contract.

e. A clear description of the com

pensation. Compensation as defined for this section

means a payment made to an Attorney for the purpose of reimbursement of time, office

expenses, travel, support staff orother costs associated withrendering legal services as

further defined or limited within a contract.

f. A clause indicating that the Chief Counsel of the Oneida Law Office is the direct

supervisor of the Attorney and that a ll final work product and paym ent of any

compensation will be approved andverified by the Chief Counselexcept as indicated in

sec. 4-3.

g. A clause that clearly indicates that the attorney is required to submit reports to the

Chief Counsel as required by the Chief Counsel

except as indicated in sec. 4-3.

h. A clause indicating that indicates that any approval or signature by any person or

persons on behalf of the Oneida Tribe, whether on a contract, or agreement shall not

constitute a waiver of sovereign immunity onbehalf of the Oneida Tribe of Indians of

Wisconsin, the Oneida General Trib

al Council, the Oneida Business Committee or any of

its agents or sub-entities.

5-3. All Attorney Contracts sha

ll have attached a conflict ofinterest disclosure form and a nondisclosure form.

Article VI. Contract Approval

6-1. Attorney contracts shall be approved

in the manner set out in th

is section.

6-2. Negotiation for services to be rendered will be the responsibility of the hiring party,

provided that, final negotiation regard

ing payment shall be by Chief Couns

el.

6-3. The hiring party will forward

the negotiated services renderedto the Chief Counsel’s office

for integration into the contract.

6-4. Chief Counsel completes negotiation of contra

ct contents and forwardsfinal approval to the

Oneida Business Committee. Provided that, prior to final approval, professional qualifications

are verified by the Oneida Law Office through receipt of confirmation of good stating, at a

minimum, with the State Bar of Wisconsin through a copy of the annual bar card or original

letter of good standing.

Article VII. Oneida Law Office

7-1. There is estab

lished an Oneida Law Officewhich shall consist of a Chief Counsel, Deputy

Chief Counsel, attorneys and office staff.

7-2. The Oneida Law Office shall be designated as the legal office of the Oneida Tribe of

Indians of Wisconsin. Further, legal opinions regarding the interpretation of laws, policies,

regulations, codes, procedures and the like prom

ulgated, adopted approved or otherwise by the

Oneida Tribe shall not be bindi

ng unless approved by this office.

7-3. Attorney opinions interpreting laws, policies, regulations, codes, procedures and the like

promulgated, adopted, approved orotherwise from attorneys contracted through the Oneida Law

Office and assigned to divisions,or contracted as consultants,are considered non-binding unless

approved by the Chief Counsel.

7-4. The Oneida Law Office s hall be the contracting party for all law firms or attorneys

contracted on a retainer basis or for

single purpose services or deliverables.

End.

Adopted - BC-6-22-94-G

Adopted - BC-6-29-94-A

Adopted - BC-6-24-98-B

Amended – BC-02-25-15-C

Chapter 68

CONDOMINIUM ORDINANCE

Sakotinuhsane·h@ Olihw@·ke

the matters of where they rent

68.14-1.

68.15-1.

68.16-1.

68.17-1.

68.18-1.

68.19-1.

68.20-1.

68.21-1.

68.22-1.

68.23-1.

68.24-1.

68.25-1.

68.26-1.

68.1-1. Purpose

68.2-1. Adoption,Amendment, Repeal

68.3-1. Definitions

68.4-1. General Application of this aLw

68.5-1. Rules of Constr

uction

68.6-1. Association of Unit Owner

68.7-1. Bylaws

68.8-1. Declaration

68.9-1. Establishment of a Condominium

68.10-1. Condominium Plat

68.11-1. Percentage Interests

68.12-1. Use of Co

mmon Elements

68.13-1. Common Expenses and Common Surpluses

Insurance

Repairor Reconstruction

Eminent Domain

Books and Receipts and Expenditures

Separate Taxation

Mechanics’ and Materialmens’ Liens

Liability

Personal Application

Easements and Encroachments

Disclosure Requirements

Blanket Mortgages and OtherBlanket Liens

Provisions Requiring Employment of Declarant

Appeals to aLnd Commission

68.1-1. Purpose. The purpose of this ordinance is to ovide

a condominium form of use and

ownership for multi-unit residential buildings and improvements located on tribal land.

68.1-2. Policy

(a) The provisions of this ordinance shallextend to all Multi-Unit residential buildings

on tribal land within the exterior boundariesof the Reservation of the Oneida Tribe of

Indians of Wisconsin, and on such other lands

as may be hereafter added, both within and

without the exterior boundaries of the Onei

da Reservation, under any law of the United

States, except as otherwise provided by law.

(b) The sale of Tribal

land is specifically prohibited under this ordinance.

Property Law.

68.2-1. Adoption, Amendment, Repeal.

This law is adopted by the Oneida Business

Committee by Resolution # BC-7-30-97-A nd

a amended by resolution BC-02-25-15-C.

68.2-2. This law may be amended pursuant to procedures set out in the Oneida Adm

inistrative

Procedures Act, by the Oneida Business Comm

ittee or the Oneida General Tribal Council.

68.2-3. Should a provision of this law or its appli

cation be held invalid, su

ch invalidity shall not

affect other provisions which ar

e considered to have legal rce

fo without the invalid portions.

68.2-4. This law is ado

pted under authority of theConstitution of the Oneida Tribe of Indians of

Wisconsin.

68.3-1. Definitions. This Article shall govern the definitions

of words or phrases as used herein.

All words not defined herein shall be used

in their ordinaryand everyday sense.

(a) “Allocated interests” means the undivided percentage interest and liability in the

common elements, and the number of votes at m

eetings of the association that belong to

each unit.

(b) “Association” means all of the condominium’s unit owners acting as a group in

accordance with its bylaws, the declaration and this regulation.

(d) “Common expenses and comm

on surpluses” mean the expenses andsurpluses of the

association.

68-1

(e) “Condominium” means any residential property that the Trib

e has classified as such.

Condominiums are multi-units residential facilities separately owned by two or omre unit

owners.

(f) “Condominium instrument” mean the declaration, plats, and plans of a condom

inium

together with any attachedexhibits or schedules.

(g) “Declarant” is the person who subjec ts his or her property to a condom inium

declaration established under this law.

(h) “Declaration” means the instrument by which the property becomes subject to this

chapter.

(i) “Expandable condominium” means a condominium to which additional property or

units or both may be added in accordance withthe provision of the association’s bylaws,

the declaration and this law.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to adm inister the judicial authorities and

responsibilities of the Tribe.

(k) “Limited common elements” mean those elements that are reserved for the exclusive

use of one or m

ore but less than all the unit owners.

(1) “Mortgagee” means the holder of any reco

rded mortgage encumbering one or more

units or a land contract vendor.

(m) “Oneida agency” means the Tribal entity that acts as declarant for the purpos

es of

this law.

(n) “Overrule con tract” is the contract between the Oneida Division of Land

Management and the unit owner concerning cove

nants and restrictions. This contract has

the power to overrule any provisions

in the condom inium declaration and the

condominium bylaws. The purpose of this contr

act is to allow the Tribe to m

anage its

housing policy, in the interest of Tribal members and the maintenance and creation of

good living conditions for the future.

(o) “Person” means an individual, corporation, partnership, association, trustee or other

legal entity.

(p) “Real Property” means unimproved land, land together with improvements on it or

improvements without underlying land. Prope

rty may consist of noncontiguous parcels

or improvements.

(q) “Small Condominium” means a ondominium

with two to four units.

(r) “Tribe” means the Oneida Tribe of Indians of Wisconsin, also called the Sovereign

Oneida Nation of Wisconsin.

(s) “Unit” means a part of a condom

inium intended for independent use, including one or

more cubicles of air at ne

o or more levels of space or one or more floors in a building. A

unit may include two or more noncontiguous areas.

(t) “Unit owner” means a tribal member or surviving spouse who holds legal title to and

occupies a condominium unit.

68.4-1. General Application of this Law

. This law shall apply to all pr operties and

improvements that the Tribe has classified as condominium as a result oftheir submission to the

provisions of this law.

68.4-2. Status of Units. A unit together with its undivided inte

rest in the common element, for

all purposes constitutes real property.

68.4-3. A unit owner is entitled the

to exclusive ownership and possession of his or her unit.

68-2

68.4-4. Except as otherwise provided by this law,

no unit owner may do any alterations which

would jeopardize the soundness or sa

fety of the property, reduce the

value thereof, or impair any

easement or hereditament.

68.4-5. If any unit owner fails to comply with this law, the declaration, bylaws or overrule

contract, the unit owner m

ay be sued for da

mages caused by the failure or for injunctive relief, or

both, by the association orby any other unit owner.

68.5-1. Rules of Construction. Certain rules of la w not applicable. Neither the rule of law

known as the rule against perpet uities nor the rule of law known as the rule restricting

unreasonable restraints on alienation may be applied to defeat orinvalidate any provision of this

law or of any condominium instruments, bylaws or other instrument made pursuant to this

regulation.

68.5-2. Substantial conformity of condominium instrum ents and bylaws sufficient.

The

provisions of any condominium instruments and bylaws filed under this law shall be liberally

construed to facilitate the creation and opera tion of the condom inium. So long as the

condominium instruments and bylaws substantially conform with the requirements of this law,

no variance from the requirem ents shall affect the condominium status of the property in

question nor the title of any unitowner to his or her unit, votesand percentage interests in the

common elements and in common ex

penses and common surpluses.

68.5-3. Provisions of condominium instruments and bylaws severa ble. All provisions of

condominium instruments and bylaws are severabl

e and the invalidity of one provision does not

affect the validity ofany other provision.

68.5-4. Conflicts in provisions. If there is any conflict etween

any provisions of a declaration

and provisions of a condominium plat or any provisions of the bylaws, the provisions of the

declaration shall control. If there is any onflict

between any provisions of any condom

inium

instruments and any provisions of any bylaws,the provisions of the condominium instruments

shall control. If there is any conf

lict between any provisions of any condom

inium instruments or

any provisions of any bylaws andany provisions of the overrule contract, the overrule contract

shall control. If there is any conflict between

the abovementioned documents and this law, the

provisions of this law shall control.

68.5-5. Instruments construed together. Condominium instruments shall be construed together

and are determined to incorporate one another to the extent that any requirement of this law

applying to one instrument is satis

fied if the deficiency can be corrected by reference to any of

the others.

68.6-1. Association of Unit Ow ners. Legal Entity. The affairs of every condom

inium shall be

governed by an association which is

a legal entity for all purposes.

68.6-2. Organization.

(a) Establishment. The Oneida Business Committee shall establish an association to

govern the condominium not later than the date of the first conveyance of a unit to a

purchaser. The association shall be organized

as a profit or nonprofitcorporation or as an

unincorporated association. After it is organized the associat

ion shall consist at all tim

exclusively of all the unit owners. Thirty days after the conveyance of 75% of the

common element interest to purchasers, the Division of Land Management or other

e condominium association.

Oneida agency shall releaseitself from control over th

(b) Meeting to e lect directors. Once 50% of the units have been conveyed, the unit

owners and the Division of Land Management shall meet to elect the directors and

68-3

officers of the executive board of ht e association. The directors and officers shall take

office upon election.

pars. a. and b. shall be base

d on the percentage of undivide

d interest belonging to each

unit which has been conveyed assuming that all the un

its to be completed are included in

the condominium.

68.6-3. Power of the Association.

(a) Powers. An association has powers to:

(1) Adopt budgets for revenues, expenditu

res and reserves and levy and collect

assessments for common expenses fromunit owners;

(2) Employ and dismiss employees and agents;

(3) Sue on behalf of

all unit owners; and

(4) Exercise any other power conferred

by the bylaws, the declaration and by the

overrule contract.

(5) Negotiate with the Division of Land Management or other Oneida agency for

the exemption from covenants and rest rictions established in the overrule

contract.

(b) Conditional Powers. Subject to any restrictions and limitations specified by the

bylaws, the declaration and/or by the ove

rrule contract, an association m

ay:

(1) Make contractsand incur liabilities;

(2) Regulate and im

pose charges for the use of common elem

ents;

(3) Cause additional improvements to be made as a part ofthe common elements;

(4) Acquire, hold, encumber and convey any ght,

ri title or interest in or to real

property;

(5) Receive any income derived from payments, fees or charges for the use,

rental or operation of the common elem

ents; and

(6) Grant or withhold approval of any action by a unitowner or other person

which would change the exterior appearanceof the unit or ofany other portion of

the condominium.

68.6-4. Termination of Contracts and Leases. If entered into before the officers elected by the

unit owners under section six take fice,

of any management contract, employment contract, lease

of recreational or parking areas or facilities, an

y contract or lease to which a declarant or any

person affiliated with the declaran

t is a party and any contract or

lease which is not bona fide or

which was not com mercially reasonable to unit owners when entered into under the

circumstances then prevailing, may be terminated by the association or its executive board at any

time without penalty upon not less than 90 days’ notic

e to the other party thereto. This section

does not apply to any lease the term

ination of which would terminate the condominium.

68.6-5. Roster of unit owners; Meetings of the Association.

(a) An association shall maintain a current roster of the names and addresses all the unit

owners to whomnotice of meetings shall be sent.

(b) Every unit owner shall furnish the association with his or her name and current

mailing address. No unit owner will be able vote

to at an association m

eeting until he or

she has furnished this inform

ation.

owner’s address as shown on the roster, befo re a regular or special meeting of the

association may be held.

(d) Every unit owner is entitled to full participation at eetings

of the association.

68-4

(e) Unless otherwise provided in this law and subject to the provisions in the laws, the

declaration and/or the overrule contract, decisions of an association shall be made by

consensus of the unit ow

ners present.

68.6-6. Unit owner’s interest in Association’s property. A unit owner only has rights, title or

interest in any property owned bythe association as a holder of percentage

interest in common

elements.

68.7-1. Bylaws. By laws to govern administration. A condominium’s administration shall be

governed by bylaws. Every unit owner shall comply with the bylaws and the rules adopted

under the bylaws and the covenants, restrictionsnda conditions set forth in the overru

le contract

between the Division of Land Mana

gement or other Oneida agencyand the unit owners. Failure

to comply with any of the bylaws, rules, covenants, conditions or restrictions is grounds for

action to recover sums due, for damages and injunctive relief. Such action shall follow the

judicial procedures established in the Oneida Administrative Procedures Act, and m ay be

brought by the association, by the Division of Land nagement,

or other Oneida agency, or in a

proper case, by an aggrieved unit ow

ner.

68.7-2. Required particulars. The bylaws shall express at least the following particulars:

(a) The formof administration, indicating whether the association shall be incorporated

or unincorporated, and whether, and to whatextent, the duties ofthe association may be

delegated to a board of directors, manager, or otherwise, and specifying the powers,

manner of selection and removal of them.

(b) The mailing address of the association.

constitute a quorum at any meeting; who presides at the meetings of the association, who

keeps the minute book for recording the resolu

tions of the association and who counts

votes at meetings of the association.

(d) The election by the unit owners of a board

of directors of whom not more than one is

a non-unit owner, the number of persons constituting the same and that the terms of at

least 1/3 of the directors shall expire nnually,

the powers and duties of the board, the

compensation, if any, of the directors and whether or not the board may engage the

services of a m

anager or managing agent.

(e) The manner of assessing against and collecting from unit owners their respective

shares of the common expenses.

(f) The manner of borrowing money and acquiring and conveying common property.

68.7-3. Prohibiting participation of certain unit owners. The bylaws may contain a provision

prohibiting any unit owner from participation at a meeting of the association if the association

has recorded a statement of condominium lien on the person's unit and the amount necessary to

release the lien has not been id

paat the time of the meeting.

68.7-4. Amendment. The bylaws may be amended by consensus of all unit owners. Each

particular set forth in sec. 7-2 shall

be expressed in the bylaws as am

ended.

68.7-5. Title to condominium units unaffected by bylaws. Title to a condominium unit is not

rendered unmarketable or otherwise affected by ny

a provision of the bylaws or by reason of any

failure of the bylaws to comply with the provisions ofthis regulation.

68.8-1. Declaration. A declaration shall contain:

(a) A general description ofthe common elements together with a designation of those

portions of the common elem

ents that are limited common elements and the unit to which

the use of each is restricted. Fixtu

res designed to serve a single unit, cated

contiguous

68-5

to the unit's boundaries, are deemed limited common elements belonging to that unit

exclusively and need not be de

scribed in the declaration.

(b) The percentage interestthat belongs to eachunit.

ts are intended and

restricted as to use.

(d) The name of the person to receive service of process in the cases provided in this

law, together with the addr

ess of the person and the ethod

m by which the association amy

designate a successor to the person.

(e) The name and address of the condominium and the name shall include the word

“condominium” or be followed by the words “a condom

inium.”

(f) A description of the land on which

e condominium

is, or is to be, located.

(g) A general description ofeach unit including its perimeters, location and any other

data sufficient to identify it with reasonable certainty.

68.8-2. The condominium declaration shall be submitted by the declarant to the Division of

Land Management. The Division of Land Management may require alterations made to the

declaration, in order for it to sa

tisfy the Tribe's policy requirements. These policy requirements

are based on the protection of the long

term interests of Tribal members.

68.8-3. A condominium declaration may be amended with the written consent of all the unit

owners. Such amendments shall not have the effect of canceling any of the covenants or

restrictions set forth in the overrule contract. All amendments to the declaration shall be

submitted for approval to the Division of Land Management.

68.8-4. Actions taken pursuant to this section may be contested in the manner described in

section twenty-six.

68.9-1. E stablishment of a Condominium.

A declarant shall record a co ndominium

instrument with the Division of Land Management.

68.9-2. All instruments affecting title to the units shall be recorded

and assessed as in other real

property transactions at theDivision of Land Managem

ent.

68.9-3. Within 60 days of submission of the declaration to the Division of Land Management,

the Division of Land Management will deliver a draft of the overrule contract to the declarant.

The declarant will have 60 days to propose chan

ges to the overrule contract. The declarantaym

withdraw its proposal to submit its property to this regulation if an agreement is not reached

within the time prescribed as to the provis ions of the overrule contract, or may appeal in

accordance with Article XXVI.

68.9-4. Residential real property m

ay only be converted to a condominium if the owner gives

120 days written notice prior to end of tenant'

s lease of the conversion of the building(s) to a

condominium. A tribal member who is a tenant has the exclusive option to purchase the

property for period of 60 days follo

wing the deliveryof the notice.

68.10-1. C ondominium Plat. A Condominium Plat is to be filed for record at the Oneida

hen any condominium instruments are recorded, the declarant shall file for

record a condominium plat in a separateplat book maintained for condominium plats.

68.10-2. A condominium plat may consist of one or more sheets and shall contain at least the

following particulars:

(a) The name of the condominium and the original allotment number(s) in which the

property is located on each sheet of the plat. If there ore

is mthan one sheet, each sheet

shall be consecutively numbered and show the relation of that sheet number to the total

number of sheets.

68-6

(b) A survey of the property described in

the declaration complying with the minimum

standards for property surveys outline in section 7-4 of the Real Property Law, and

showing the location of any unit or building

located or to be lo

cated on the property.

which show the approximate dimensions, floor area and location of each unit in it.

Common elements shall be shown gra

phically to the extent easible.

(d) All survey maps and floor plans submitted for filing shall be legibly prepar

ed with a

binding margin of 1.5 inches on the left de

si and one-inch margin on all other sides on

durable white paper 14 inches in length and 22 inches in width with nonfading black

image or reproduced with photographic silver haloid image on double matte polyester

film of not less than 4 m

illimeter thickness and 14 inches long by 22 inches wide.The

maps and plans shall be awn

dr to a convenient scale.

(e) Designation of units. Every unit shall be designated on the condom

inium plat by the

unit number or other appropriate designation.

(f) Surveyor’s certificate. A condominium plat is sufficientfor the purposes of this law

in there is attached to or included in it a cer

tificate of a licensed land surveyor, certified to

practice that profession by the Tribe that the plat is a correct representation of the

condominium described and the identification and location of each unit and the common

elements can be determined from the plat. Provided that, until such time as regulations

are developed regarding the certification of licensed land surveyors, certification under

this section shall be verification of a valid state license, permit, or other approval of

qualifications.

68.10-3. A description in any instru

ment affecting title to any un

it which makes reference to the

letter or number or other appropriate designation on the condominium plat together with a

reference to the condominium instruments shall be a good and sufficient description for all

purposes.

68.11-1. Percentage Interests. Undivided percentage interest in common elements. Every unit

owner owns an undivided percentageinterest in the common elements equal to that set orth

f in

the declaration. Except as specifically provided in this regulation, all common elements shall

remain undivided. Except as provided in thisregulation, no unit owner, nor any other person,

may bring a suit for partition of the comm

on elements and any covenant or provision in any

declaration, bylaws or other instru

ment to the contrary is void.

68.11-2. Rights to common surpluses. Common surpluses shall be disbursed as provided under

Article XVI.

68.11-3. Liability for common surpluses. Except for the specially assessed common expenses,

the amount of all common expenses shall be

assessed as provided under Article XIII.

68.11-4. Change in percentage interest. The percentage interests shall have a permanent

character and, except as specifically provided by this law, may not be changed without the

written consent of all of the unit ow

ners and their mortgagees. Any change shall be evidenced

by an amendment to the declaration and recorded among the appropriate land records. The

percentage interests may not be separated fromthe unit to which they belong. Any instrum

ent,

matter, circumstance, action, occurrence or proceeding in any manner affecting a unit also shall

affect, in like manner, the percentage interests appurtenant to the unit.

68.11-5. Alterations within units:

(a) A unit owner m

ay make any improvements or alterations within his or her unit that

do not impair the structural integrity or lessen the support of any portion of the

condominium. A unit owner m

ay not change theexterior appearance of a unit or of any

68-7

other portion of the condominium without permission of the board of directors of the

association.

(b) Except to theextent prohibited by the condominium instruments, and subject to any

restrictions and limitations specified therein, a unit owner acquiring an adjoining or

adjoining part of an adjoining unit, m ay remove all or any part of any intervening

partition or create doorways orother apertures therein, even ifthe partition may in whole

or in part be a common element, if those acts do not impair the structural integrity or

lessen the support of any portion of the condom

inium. The creation of doorways or other

apertures is not deemed an alteration of boundaries.

68.11-6. Relocation of boundaries.

(a) If any condom

inium instruments expressly permit a relocation of boundaries betw

een

adjoining units, those boundaries may be relocated in accordance with this section and

any restrictions and limitations which the condominium instruments may specify.

(b) If any unit owners of adjoining units whose mutual boundaries may be relocated

desire to relocate those boundaries, the principa

l officer of the unit owners association,

upon written application from those unit owners and after 30 days'written notice to all

other unit owners, shall prepare and

execute appropriate instruments.

entify the units involved and shall state that

the boundaries between those units are being relocated by agreem

ent of the unit owners

thereof. The amendment shall contain words of conveyance between those unit owners,

and when recorded shall also be indexed in the nam

e of the grantor andgrantee. If the

adjoining unit owners have specified in their written application the reallocation between

their units of the aggregate undivided interestin the common elements appertaining to

those units, the amendment to the declaration shall reflect that reallocation.

(e) Plats and plans showing the altered bounda

ries and the dimensions thereof between

adjoining units, and theiridentifying numbers or letters, shallbe prepared. The plats and

plans shall be certified as to their accuracy

in compliance with this subsection by a civil

engineer, architect or licensed land surveyorcertified by the Tribe to practice his or her

profession. Provided that, until such time as regulations are developed regarding the

certification of civil engineers, architects,or licensed land surveyors, certification under

this section shall be verification of a valid state license, permit, or other approval of

qualifications.

(f) After appropriate instrum ents have been prepared and executed , they shall be

delivered promptly to the adjoining unit owners upon paym

ent by them of all reasonable

charges for the preparation thereof. Those instruments are effective when the adjoining

unit owners have executed them and they are recorded in the name of the grantor and

grantee. The recordation ther

eof is conclusive evidence th

at the relocation of boundaries

did not violate the condom

inium instruments.

68.12-1. Use of Common Elements. The common elements may be used only for the purposes

for which they were intended and, except as provided in the condom

inium instruments, bylaws,

or the overrule contract the common elem

ents are subject to mutual rights of support, access, use

and enjoyment by all unit owners. However, any

portion of the common elements designated as

limited common elements may be used only by the un

it owner of the unit to which their use is

limited in the condominium instruments and bylaws.

68.12-2. The declaration, bylaws or the overruleontract

may allow any unit owner of a unit to

which the use of any limited common element is restricted to grant the use of the limited

68-8

common element to any other unit owner, subject to the rights of any existing mortgagor.

Thereafter, the grantor has no further right to use the lim

ited common element.

68.13-1. Common Expenses and Common Surpluses. Disposition of common surpluses. All

common surpluses of the association shall be credited to the unit owners' assessments for

common expenses in proportion to their percentage interests in the common elements or as

otherwise provided in the declaration or shall be used for anyother purpose as the association

decides.

68.13-2. Funds for payment of common expenses obtained by assessments.

Funds for the

payment of common expenses and for the creation reserves

for the payment of future common

expenses shall be obtained by assessm ents against the unit owners in proportion to their

percentage interests in the common elem

ents or as otherwise provided in the declaration.

68.13-3. Liability for assessments. A unit owner shall be liable for all assessm ents, or

installments thereof, coming due while owning a unit. Liability for assessments may not be

avoided by waiver of the use or enjoym

ent of any common element or by abandonment of the

unit for which the assessm

ents are made.

68.13-4. Condominium lien. All assessments, until paid, together with interest on them and

actual costs of collection, constitute a lien on the

units on which they are assessed, if a statem

ent

of lien is ifled within 6 months after the date the assessment becomes due. The lienis effective

against a unit at the time the assessment become due regardless of when within the 6 month

period it is ifled. A statement of condominium lien is filed in the Division of Land Managem

ent,

stating the description ofthe unit, the name of the record owner, the amount due and the period

for which the assessment was due. The clerk shall index the statem

ent of condominium lien

under the name of the record owner in the condominium lien docket. The statem ent of

condominium lien shall be signed and verified by an officer or agent of the association as

specified in the bylaws and then ay

m be filed. On full payment of the assessment for which the

lien is claimed, the unit owner all

sh be entitled to a reco

rdable satisfaction of the lien.

68.13-5. Statement. Any grantee of a unit isentitled to a statement from the association setting

forth the amount of unpaid assessme

nts against the grantor and thegrantee is not liable for, nor

shall the unit conveyed be subject to a lien wh

ich is not filed under sec. 13-4 for, any unpaid

assessment against the grantor in excess of the am ount set forth in the statement. If an

association does not provide such a statement within 10 business days after the grantee'

s request,

they are barred fromclaiming any lien which is not filed under sec. 13-4 prior to the request for

the statement against the grantee.

68.13-6. Priority of lien. All sums assessed by an association but unpaid for the share of the

common expenses chargeable to any unit constitutes a lien on the unit and on the undivided

interest in the common elements belonging to it prior to all other liens except:

(a) Liens of general and special taxes.

(b) All sums unpaid on a first ortgage

recorded prior to the m

aking of the assessment.

68.13-7. Interest on unpaid assessment. Any assessment, or installment thereof, not paid when

due shall bear interest, atthe option of the associa

tion, from the date when due until paid at a rate

not exceeding the highest rate ermitted

by law asstated in the bylaws.

68.13-8. Enforcement of lien. A lien may be enforced and foreclosed by an association or any

other person specified in the bylaws, in the same manner, and subject tothe same requirements,

as a foreclosure of mortgages on real property at the Division of Land Management. An

association may recover costs and actual attorney fees. An as

sociation may, unless prohibited by

the declaration, bid on he

t unit at foreclosure sa

le and acquire, hold, lease, m

ortgage and convey

68-9

the unit. Suit to recover a oney

m judgment for unpaid common expenses shall be amintainable

without foreclosing or waiving the lien securing the same. Suit for any deficiency following

foreclosure may be maintained in the same proceeding. No action may be brought to foreclose

the lien unless brought within 3years following the recording ofthe statement of condominium

lien. No action m

ay be brought toforeclose the lien ex

cept after 10 days'prior written notice to

the unit owner given by registered

mail, return receipt requested, to the address of the unit owner

shown on the books of the association.

68.13-9. Form of statement of condominium lien. A statement of condominium lien is sufficient

for the purposes of this regulation if

it contains the following information and is substantially in

the following form:

68-10

Statement of Condominium Lien

This is to certifythat ____________________, owner(s) ofunit No.______ in ______________

Condominium (is) (are) indebted to thessociation

in the amount of $_______ as of __________

____,19___ for (his)(her)(its)(thei r) proportionate share of common expenses of the

Condominium for the period from(date) to (date), plus interest thereon at the rate of _______%,

costs of collection, andactual attorney fees.

Association

By:_____________________________________________

Officer’s title (or agent)

Address: ________________________________________

Telephone: ______________________________________

68.14-1. Insurance. An association shall obtain insurance for the property against loss or

damage by fire and such other hazards for no

t less than full replacement value of the property

insured and a liability policy covering all claims commonly insured against. Insurance coverage

shall be written on the property in the nam

e of the association as trustee for each of the unit

owners in the percentages established in the declaration. rPemiums shall be common expenses.

Such insurance shall not cover the contents ofunits, the improvements the unit owner has m

ade,

or liabilities arising strictly within theindividual units.

68.14-2. Insurance proceeds shall first be disbursed the

by trustees for the repair or restoration of

the damaged common elements, and the unit owners and mortgagees shall not be entitled to

receive payment of any portion of the insuranceproceeds unless the association has determ

ined

not to rebuild, or the Land Comm

ission has ordered partition of the condominium property, or

there is a surplus of insurance pro ceeds after the common elements have been completely

repaired or restored.

68.14-3. Provisions for the insurance described sec.

in 14-1 and sec. 14-2 shall be made without

prejudice to the right of each unit owner to obtain insurance for his or her own unit, for its

contents, the improvements the unit owner has amde, and liabilities that the unit owner wishes to

be insured against.

68.15-1. Repair or Reconstruction. A declaration shall provide for the repair or reconstruction

of the common elements in the event of damage to all or part of thecommon elements of the

condominium.

68.15-2.

(a) Unless otherwise providedin the declaration, inthe event of da

mage to or destruction

of common elements of a condominium, the association shall promptly undertake to

repair or reconstruct it to condition

compatible with the remainder of the condom

inium.

All cost of the repair roreconstruction in excess of available insurance proceeds shall be

a common expense.

(b) However, if a condominium is damaged to an extent more than the available

insurance proceeds, the condominium shall be subject to an action for partition upon

obtaining the written consent of all the unit owners. In the case of partition, the net

proceeds of sale together with any net proceeds of insurance shall be co

nsidered as one

fund and shall be divided among all unit owners in proportion to their percentage

68-11

interests in the common elements, and shall bedistributed in accordance with the priority

of interests in each unit.

68.16-1. Eminent Domain. Definition. In this section, “taking under the power of minent

domain” includes any sale inettlement

of any pending or threatened condemnation proceeding.

68.16-2. Allocation of award; provisions in declaration or bylaws. A declaration or bylaws m

provide for an allocation of any award for a taki

ng under the power of minent

domain of all or

part of the condominium. A declaration or bylaws also m

ay provide for:

(a) Reapportionment or other change of the percentage inte

rests appurtenant to each unit

remaining after any taking; and

(b) Rebuilding, relocation or restoration of any improvements so taken in whole or in

part.

68.16-3. Allocation of award, in absence of prov isions in declaration or bylaws.

Unless

otherwise provided for in a declaration, bylaws overrule

contract, any dam

ages for a taking of

all or part of a condom

inium shall be awarded as follows:

(a) Every unit owner is entitled to the entireaward for the taking of all or part of their

respective unit and for conseque

ntial damages to their unit.

(b) Any award or

f the taking oflimited common elements shall be allocated to the unit

owners of the units to which the sue of those limited common elements is restricted in

proportion to their respective percentageinterests in the common elem

ents.

rtaken, any award for the taking of common

elements shall be allocated to all unit owners

in proportion to their respective percentage

interests in the common elem

ents.

68.16-4. Reconstruction following taking. Following the taking of all or a part of the common

elements, an association shall promptly undertake to restore the improvements of the common

elements to an architectural whole compatible with the existing structure. Any costs of such

restoration in excess of the condem

nation award shall be a common expense. However, if the

taking under the power of eminent domain is to the extent where the remaining condominium

portion has been diminished to the extent that reconstruction or restoration is not practical, a

condominium shall be subject to an action forartition

upon obtaining the written consent of all

the unit owners. In the case of partition, the net proceeds of sale, together with any ent proceeds

of the award for taking, shall be considered as one fund and shall be divided among all unit

owners in proportion to their per

centage interest in the common elements and shall be distributed

in accordance with the priority of interests in eachunit.

68.16-5. Adjustment of percentage interests following taking. Following the taking of all or a

part of any unit, the percentage

interests appurtenant to the unit shallbe adjusted in proportion as

provided in the condominium instruments or bylaws. The association prom

ptly shall prepare and

record an amendment to the declaration reflecting the new percentage interests appurtenant to the

unit.

68.16-6. Priority in distribution of damages for each unit. All damages for each unit shall be

distributed in accordance with the priority of interests at law or in equ

ity in each respective unit.

68.16-7. Preservation of the right of appeal. The owner of each unit taken shall have the

individual right of appeal ofthe necessity of taking and of the condem

nation award made for the

taking. An association shall have the right ofppeal

a of the necessity of taking of the common

elements and the right of appeal of the conde

mnation award made for the taking of the comm

elements. An appeal by an association shall

be binding upon the individual unit owners for the

necessity of taking or the condemnation award made for the taking of the common elements.

The unit owners having an interest in th e ownership of lim ited common elem ents may

68-12

individually or as a group app

eal the necessity of taking or ethcondemnation award made for the

taking of the limited common elements.

68.17-1. Books and Receipts and Expenditures. Record keeping; availability for examination.

An association shall keep detailed, accurate reco

rds using standard bookkeeping procedures of

the receipts and expenditures affecting the common elements, specifying and itemizing the

maintenance and repair expenses of the comm

on elements and any other expenses incurred. The

records and the vouchers authoriz

ing the payments shall be available for exam

ination by the unit

owners at convenient hours.

68.17-2. Disclosure information. Within 10 days after a request by a seller other than the

declarant, an association shall furnish the information necessary to the seller to comply with

section twenty-three The seller shall pay the association the actual costs of furnishing the

information.

68.18-1. Separate Taxation. Every unit and its percen

tage of undivided interest in the comm

elements shall be deemed to be a parcel and all

sh be subject to separate assessm

ents and taxation

by the Tribe for all types of taxe

s authorized by law including, butnot limited to, special levies

based on the value of propertyand special assessments. Neither the building, the property nor

any of the common elements shall be deemed to be a parcel separate from the unit.

68.18-2. The rights, duties and obligations of unitners

ow under this regulation shall inure to and

be binding upon grantees under ta

x deeds and persons acquiring titleby foreclosure of tax liens

and their successors in interest.

68.19-1. Mechanics’ a nd Materialmens’ Liens. Subsequent to recording a declaration unde

this law and while the property mains

subject to thisregulation, any and all liens will exist only

against individual units and the percentage of undivided interest in the common elem ents

appurtenant to such unit,in the same manner and under the asme conditions in everyrespect as

liens or encumbrances may arise or be created uponor against any other separate parcel of real

property subject to individual ownership.

68.19-2. Any m echanics’ lien or m aterialmen’s lien arising as a result of repairs to or

improvements of a unit by a unit ownerallshbe a lien onlyagainst the unit.

68.19-3. Any mechanics’ or materialmen’s lien arising as a result of repairs to or provements

of the common elements, if authorized in writing by the association, shall be paid by the

association as a common expense and until paidall

shbe a lien against each unit in proportion to

its percentage interest in the common elem

ents. On payment of the proportionate amount by any

unit owner to the lien th

e unit owner shall be entitled to a release of his or her unit from

the lien

and the association shall not be entitled toassess his or her unit for paym

ent of the remaining

amount due for the repairs or provements.

68.20-1. Liability. An action for tort alleging a wrong done by any agent or em

ployee of a

declarant or of an associati on, or in connection with the condition of any portion of a

condominium which a declarant or an association has the responsibility to maintain, shall be

brought against the declarant or the association,as the case may be. No unit owner shall be

precluded from bringing such an action by virtue its

of ownership of an undivided interest in the

common elements or by reason of itsembership

inthe association or itsstatus as an officer.

68.20-2. A judgment for money against an association shall be a lien against any property

owned by the association, and against each of the condominium units in proportion to the

liability of each unit owner for common expenses as established under the declaration in an

68-13

amount not exceeding the market value of the unit,but not against any other property

of any unit

owner.

68.20-3. All actions arising from this section sh

all follow the procedures described in section

twenty-six.

68.21-1. Personal Application. All unit owners, tenants of theowners, employees of owners

and tenants or any other persons that in any anner

m use property or any pa

rt thereof subject to

this law shall be subject to this law, the overrule contract, and to the declaration and bylaws of

the association adoptedunder this regulation.

68.21-2. All agreements, decisions and determinations lawfully made by an association shall be

deemed to be binding upon all unit owners.

68.22-1. Easements and Encroachments. Presumption as to existing physical boundaries.

Any existing physical boundaries ofany unit orcommon elements constructed or reconstructed

in substantial conformity with the condominium plat shall be conclusively presumed to be its

boundaries, regardless of the shifting, settlement or lateral movement of any building and

regardless of minor variations between the physical boundaries as de

scribed in the declaration or

shown on the condominium plat and the existi ng physical boundaries of any such unit or

common element. This presumption applies only to encroachments within the condominium.

68.22-2. Encroachment as result of authorized c onstruction, reconstruction or repair. If any

portion of any common elem

ent encroaches on any unit or if any portion of a unit encroaches on

any common element, as a result of the duly aut

horized construction, reconstruction or repair of

a building, a valid easement for the encroachm

ent and for the maintenance of the same shall exist

so long as the building stands.

68.22-3. Easements included in grant of unit. A grant or other disposition of a condom

inium

unit shall include and grant and besubject to any easement arising under the provisions of this

article without specific or particular reference to the easem

ent.

68.22-4. Association’s right of entry to make repairs. An association shall have an irrevocable

right and an easement to enter units to make repairs to common elements when the repairs

reasonably appear necessary for public safety or to prevent damage to other portions of the

condominium. Except in cases involving manifest danger to public safety or property, an

association shall make a reasonable effort to givenotice to the owner ofany unit to be entered

for the purpose of such repairs. N

o entry by an association for the purposes specified in this

section may be considered a trespass.

68.22-5. Easements through the common elements of a condominium shall be requested at the

Division of Land Management. The Division of Land Managem

ent shall notify the unit owners

of the request for an easem

ent; and they shall have 15 days from delivery of the notification in

which to present their views and opinions as regards the request.

68.23-1. Disclosure Requirements. Material to be furnished by seller to purchaser before

closing. Not later than 15 days prior to the closing the

of sale of a unit to a purchaser, the seller

shall furnish to the purchaser the following:

(a) A copy of the proposed or

existing declaration, bylaws nad any rules or regulations,

together with an index of the contents.

(b) A copy of the proposed or isting

ex articles of incorporationof the association, if it is

or is to be incorporated.

other contract affecting the us

e, maintenance or access of lal or part of the condominium

68-14

to which it is anticipated the unit owners or the association will be a party following

closing.

(d) A copy of the projected annual operating budget for the condominium including

reasonable details concerning the estimated monthly payments by the purchaser for

assessments, and monthly charges for the use, rent

al or lease of any facilities not part of

the condominium.

(e) A copy of any lease to which it is cipated

anti

the unit owners or the association will

be a party following closing.

(f) A plat map of any contemplated expansion of the condominium with a narrative of

each stage of expansion and the maximum number of units that can be added to the

condominium.

(g) A copy of the floor plan the

of unit together with the inf

ormation that is necessary to

show the location of the common elements and other facilities to be used by the unit

owners and indicating which facilities wi ll be part of the condom inium and which

facilities will be owned by others.

(h) A copy of the overrule contract.

68.23-2. Change in material following delivery to purchaser. Any material furnished under sec.

23-1 may not be changed or amended following delivery to a purchaser, if the change or

amendment would affect materially the rights of the purchaser, w

ithout first obtaining approval

of the purchaser. A copy of amendments shall be delivered promptly to the purchaser.

68.23-3. Purchaser’s right to rescind contract for sale. Any purchaser may at any time within 5

business days following receipt of all information required under sec. 231 and within 5 business

days following receipt of all information required under sec. 23-2, rescind in writin

g a contract

of sale without stating any reas

on and without any liability on his or her pa

rt, and the purchaser

is entitled to the return of anyposits

de made in account of the contract.

68.23-4. Untrue statement or omi ssion of material fact.

Any seller who in disclosing

information required under sec. 23-1 makes any untrue statement of material fact or omits to

state a material fact necessary in ord

er to make statements made not misleading shall be liable to

any person purchasing a unit from

him or her. Ho

wever, no action may be maintained to enforce

any liability created under this section unlessbrought within 6 months after facts constituting a

cause of action are or sh

ould have been discovered.

68.23-5. Waiver of purchaser’s right. Rights of purchasers under this section may not be

waived in the contract of sale and any attem

pt to waiver is void. However, if the purchaser

proceeds to closing, the purchaser’s right und

er this section to rescind is term

inated.

68.24-1. Blanket Mortgages and Other Blan ket Liens. As a condition to the first transfer of

title to each unit:

(a) Every mortgage and other en

li affecting such unit, including the undivided interest in

the common areas and facilities appurtenant to such unit, shall be paid and satisfied of

record;

(b) A unit being transferred and an undivided

interest in the common areas and facilities

belonging to it shall bereleased by partial release duly recorded; or

ended to provide for a release of

the unit and the undivided interest in the co

mmon areas and facilities that belong to it

from the lien of a ortgage

or other lien upon the paym

ent of a sumcertain.

68.25-1. Provisions Requiring Em ployment of Declarant. Any provision of a declaration or

other instrument made pursuant to this law, ex

cept for the overrule contract, which requires the

68-15

owner of a unit to engage or employ the declarant or any subsidiary or affiliate of the declarant

for the purpose of effecting a sale or lease ny

of unit

is void. Any provision of any

ontract

for

a sale of any unit which requires a purchaser to

gage

en or employ the vendor or any subsidiary or

affiliate of the vendor for the purpo

se of effecting a sale or lease of any unit is id.

68.26-1. Appeals to Land Commission.

(a) All complaints arising from this law, the overrule contract, the condom inium

instruments, the by laws or decisions of a condominium association or its board of

directors will be presented in writing to the Division of Land Ma nagement office

immediately after the party's discovery of the circumstances or decisions that created the

grievance.

(b) The Division of Land Managem

ent director shall attempt to mediate the grievance

and shall respond to the aggrieved and all other interested parties within 30 days of

receipt of the written complaint with the resolution of the grievance, ifany.

Division of Land Management staff m

ay be

taken to the Land Commission or a sub-committee created by it for the purpose of a

hearing on such grievancesor to the Judiciary.

68.26-2. All appeals beyond those in section 26-1,a. and b. shall follow the procedural form

described in the Administrative Procedures Act.

End.

Adopted BC-7-30-97-A

Amended- BC-02-25-15-C

68-16

Chapter 35

EMERGENCY MANAGEMENT AND HOMELAND SECURITY

Yotlihokt# Olihw@=ke

Matters that are concerning immediate attention

35.1.

35.2.

35.3.

35.4.

35.5.

35.6.

35.7.

35.8.

35.9.

Purpose and Policy

Adoption,Amendment, Conflicts

Definitions

Emergency Management/Homeland Security

Oneida Nation Emergency Planning Committee (ONEPC)

Tribal Cooperation

Public Health Em

ergencies and Communicable Disease

When an Emergency is Proclaimed

Enforcement and Penalties

35.1. Purpose and Policy

35.1-1. The purposes of this law are to:

(a) provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; and

(b) provide for the direction of emergenc

y management, response, and recovery on the

Reservation; as well as coordination with other agencies, victim s, businesses, and

organizations; and

(d) designate authority and responsib

ilities for public health preparedness.

35.1-2. It is the policy this

of law to provide:

(a) a description of the em

ergency management network of the Tribe; and

(b) authorization for specialized activities to mitigate hazardous conditions and for the

preparation of Tribal emergency response management plans, as well as to address

concerns related to isolation and/or quarantine orders, emergency care, and mutual aid;

and

ade in connection with such emergency management activities

to be deemed specifically for the protection an

d benefit of ht e inhabitants, property, and

environment of the Reservation.

35.2. Adoption, Amendment, Conflicts

35.2-1. This law was adopted by the Oneida Business Comm

ittee by resolution BC-07-15-98-A

and amended by BC-12-20-06-G, BC-05-13-09-F.

35.2-2. T his law m ay be am ended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Committee or Oneida General Tribal

Council.

35.2-3. Should a provision of this law or the lication

app

thereof to any person or circum

stances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal for

ce without the invalid portions.

35.2-4. In the event of a conflict between a provis

ion of this law and a provision another

law,

the provisions of this law shall control. Provided that, nothing in this law is intended to repeal or

modify any existing law, ordinance, po

licy, regulation, rule, resolution, ormotion.

35.2-5. This law is ado

pted under authority of theConstitution of the Oneida Tribe of Indians of

Wisconsin.

35.3. Definitions

35.3-1. This section shall govern the

definitions of words or phrases as

used within this law. All

words not defined herein shall be used

in their ordinary and everyday sense.

35-1

(a) “Biological Agent” means an infectious disease or toxin that has the ability to

adversely affect human health in a variety of

ways, from mild allergic reactions to serious

medical conditions, and including death.

(b) “Communicable Disease” means any disease transmitted from one person or animal

to another directly by cont act with excreta or other discharges from the body, or

indirectly via substances orinanimate objects that may cause a public health em

ergency.

designee(s), who is responsible for taking theappropriate actions in order to prevent a

public health emergency from occurring on the Reservation.

(d) “Director” means the Director of the Tribe’s Emergency Management/Homeland

Security Agency.

(e) “Emergency Management Network” means the entities, volunteers, consultants,

contractors, outside agencies, and any other resources the Tribe may use to facilitate

inter-agency collaboration, identify and share resources, and better prepare for local

incidents and large-scale disasters.

(f) “Emergency Operations Plan” means the plan established to coordinate mitigation,

preparedness, response, and recovery activities for all emergency or disaster situations

within the Reservation.

(g) “Entity” means any Tribal agency,board, committee, commission, or departm

ent.

(h) “Fair Market Value” means the everyday cost of a product in an ordinary market,

absent of a disaster.

(i) “Isolation” means the separation of persons or animal s presumably or actually

infected with a communicable disease, or that are disease carriers,for the usual period of

communicability of that disease in uch

s places and under such condition

s as will prevent

the direct or indirect transm

ission of an infectious agent to susceptible people or to those

who may spread the agent to others.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to adm inister the judicial authorities and

responsibilities of the Tribe.

(k) “National Incident Managem

ent System” or “NIMS” means the system mandated by

Homeland Security Pr esidential Directive 5 (HSPD 5) that provides a consistent

nationwide approach for federal, state, local,and tribal governments to work effectively

and efficiently together to prepare for, prevent, respond to, and recover from domestic

incidents, regardless of cause, size, or com

plexity.

(l) “OCHS” means the Oneida Community Heal

th Services, which is authorized to sue

compulsory vaccinations, require isolation, and quarantine individuals in order to rpotect

the public health.

(m) “Oneida Nation Emergency Planning Committee” or “ONEPC” m eans the

committee that assists the Director in the implementation of this law.

(n) “Proclaim” means to announce officially and publicly.

(o) “Public Health Emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorismor a

biological agent; and

(2) poses a high probab

ility of any of the following:

(A) a large number of deaths or serious or long-term disability among

35-2

humans; or

(B) widespread exposure to a biolog

ical, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

of people.

(p) “Quarantine” means the limitation of freedom of movement of persons or animals

that have been exposed to a comm unicable disease or chem ical, biological, or

radiological agent, for a period of tim

e equal to the longest usual incubation period of the

disease or until there is no risk of spreading the chemical, biological, or radiological

agent. The limitation of movement shall be insuch manner as to prevent the spread of a

communicable disease or chemical, biological, or radiological agent.

(q) “Reservation” means all land within theexterior boundaries of the Reservation of the

Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and any lands adde

d thereto pursuantto federal law.

(r) “Tribe” or “Tribal” means the Oneida Tribe of Indians of W

isconsin.

(s) “Vital Resources” means food, water, equipment, sand, wood, or other materials

obtained for the protection of life, property,

and/or the environment during a proclaimed

emergency.

35.4. Emergency Management/Homeland Security

35.4-1. There is hereby created anmergency

Management/Homeland Security Agency which

is responsible for planning and coordinating thesponse

to a disaster oremergency that occurs

within the boundariesof the Reservation.

35.4-2. The Director shall be responsible forordinating

and planning the operational response

to an emergency and is hereby em

powered to:

(a) organize and coordinate efforts of the

emergency management network of the Tribe.

(b) implement the Emergency Operations Plan as adopted by the Oneida Business

Committee.

may arise among them.

(d) incorporate the HSPD 5, issued on Fe

bruary 28, 2003 which requires all Federal,

state, local, and tribal governments to administer the best practices contained in the

NIMS.

(e) coordinate the developm

ent and implementation of the NIMS within the Tribe.

(f) ensure that the follo

wing occurs:

(1) an Emergency Operations Plan is developed and maintained, and includes

training provisions for applicable personnel.

(2) em ergency resources, equipm ent, and communications system s are

developed, procured, supplied, nventoried,

and accounted for.

(g) establish the line of authority as recorded in the Emergency Operations Plan as

adopted by the Oneida Business Comm

ittee.

(h) enter into mutual aid and service agreements with tribal, local, state, and federal

governments, subject to OneidaBusiness Committee approval.

35.4-3. In the event of a proclamation of an emergency on the Reservation, the Director is

hereby empowered:

(a) to obtain vital resources and to bind the

Tribe for the fair market value thereof, upon

approval of the Emergency Management/Homeland Security purchasing agent, who is

identified in the Emergency Operations Plan. If a person or business refuses to provide

35-3

the resource(s) required, the Director m

ay commandeer resources for public use and bind

the Tribe for the fair market value thereof. In th e event the purchasing agent is

unavailable, the chain of command, as approved by the Oneida Business Committee,

shall be followed.

(b) to require emergency activities of as many Tribal members and/or employees as

deemed necessary.

conferred by this law or by resolution adopt

ed pursuant thereto, all powers conferred on

the Director by any agreement approved by the Oneida Business Committee, and to

exercise complete emergency authority over the Reservation.

(d) to coordinate with tribal, fede

ral, state, and local authorities.

35.5. Oneida Nation Emergency Planning Committee (ONEPC)

35.5-1. T he ONEPC shall con sist of rep resentatives from entities and a community

representative as identified in the ONEPC bylaws as approved by the Oneida Business

Committee.

35.5-2. The ONEPC shall m

eet as necessary to assist the Director in drafting and maintaining

the Emergency Operations Plan.

35.5-3. At the request of the Dire

ctor, the ONEPC shall provide assi

stance to the Director in the

implementation of the provisions of this

law or any plan issued thereunder.

35.6. Tribal Cooperation

35.6-1. All entities shall com ply with reason able requests from the Director relating to

emergency planning, emergency operations, and federal m

andate compliance.

35.6-2. A person who is disabled or dies while ing

servas a public safetyofficer, as defined in

the Public Safety Officers’ Benefits Program

, the spouse of that person and/or any children of

that person may be eligible for benefits as termined

by the Bureau ofJustice Assistance under

the Public Safety Officers’ BenefitsProgram, 42 U.S.C. ch. 46, subch. XII.

35.7. Public Health Emergencies and Communicable Disease

35.7-1. In order to prevent a pub

lic health emergency, the Director and the Community/Public

Health Officer shall take action to limit the spread of any communicable disease, in accordance

with this law.

35.7-2. If the Community/Public Health Officer suspects or is informed of the existence of any

communicable disease, the Community/Public Health Officer shall investigate and make or

cause examinations to be made, as are deemed necessary.

35.7-3. The Community/Public Health Officer may quarantine, isolate, require restrictions, or

take other communicable disease control measures as necessary. Any individual, including an

authorized individual, who entersan isolation or quarantine premises may be subject to isolation

or quarantine under this law.

(a) The list of quarantinable diseases sha

ll be specified in a resolution adopted by the

Oneida Business Committee as recommendedby the Community/Public Health Officer.

(b) The Community/Public Health Officer shall immediately quarantine, isolate, or take

other communicable disease control m

easures upon an individual if the

Community/Public Health Officer receives a diagnostic report from a physician or a

written or verbal notification from an individual or his or her parent or caretaker that

35-4

gives the Community/Public Health Officer a reasonable belief that the individual has a

communicable disease that is likely tocause a public health em

ergency.

quarantined or otherwise restricted in a separate place, the Community/Public Health

Officer shall have that individual removed tosuch a designated place, if it can be done

without danger to the individual’s health.

Cross-reference: See also Resolution Identifying Quarantinable Diseases BC-05-13-09-G.

35.7-4. The Community/Public Health Officer shall act as necessary to protect the public,

including requesting the Directorto take steps to have a public

health emergency proclaimed, as

identified in 35.8.

35.7-5. If an individual is infected with a communicable disease and the Community/Public

Health Officer determines it is necessary to limit contact with the individual, all persons may be

forbidden from being in direct contact with the infected individual, except for those persons

having a special written perm

it from the Community/Public Health Officer.

35.7-6. The Tribe’s law enforcement agency shall work with the Community/Public Health

Officer to execute the Community/Public Health Officer’s orders and properly guard any place if

quarantine or other restrictions on communicable disease are violated or intent to violate is

manifested.

35.7-7. Expenses for necessary medical care, food,and other articles needed for an infected

individual shall be charged against the individual or whoever is liable for the individual’s

support. The OCHS is esponsible

for the following costs accruing und

er this section unless the

costs are payable through third party bility

lia or through any benefit system

(a) the expense for law enfo

rcement assistance under 35.7-4.

(b) the expense of aintaining

quarantine and isolation of the quarantined area.

Community/Public Health Officer.

(d) the expense of care for dependent

persons of the infected individual.

35.7-8. When a public health emergency is proclaimed, the Community/Public Health Officer

may do all of the following, as necessary:

(a) order an individual to receive a vaccination, unless the vaccination is reasonably

likely to lead to serious harmto the individual or the individual, for reason of religion or

conscience, refuses to obtain the vaccination.

(b) isolate or quarantine individuals, including those who are unable or unwilling to

receive the vaccination under (a).

those individuals authorized by the

Community/Public Health Officer, fromentering an isolation orquarantine premises.

35.8. When an Emergency is Proclaimed

35.8-1. The Oneida Business Committee shall beresponsible for proclaiming or ratifying the

existence of an emergency and for requestinga gubernatorial or presidential declaration.

35.8-2. The Director m

ay request that the Oneida Business Committee proclaim the existence of

an emergency. In the event the On

eida Business Committee is unable to proclaimor ratify the

existence of an emergency, the Director may proclaim an emergency which shall be in effect

until such time the Oneida Business Committee can officially ratify this declaration. The Oneida

Business Committee may proclaim the existence of an emergency without a request from the

Director, if warranted.

35-5

35.8-3. The emergency management network of the Reservation shall be as specified in the

Emergency Operations Plan, as adopte

d by the Oneida Business Comm

ittee.

35.8-4. T he provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals

Ordinance, shall not apply during a proclaim

ed emergency. During a proclaim

ed emergency, the

Conservation Department shall be responsible for the care, disposal, and sheltering of all

abandoned domestic animals and livestock.

35.8-5. No proclamation of an emergency by the Oneida Business Committee or the Director

may last for longer than thirty (30) days, unless renewed by the Oneida Business Committee.

After an emergency has subsided, the Director shall prepare, or shall work in conjunction with

the appropriate entity to prepare, an after-action report to be presented to the Oneida Business

Committee, any interested entity, and the public. This report shal

l be presented to the required

parties no longer than sixty (60) days after theemergency has subsided, unless an extension is

granted by the Oneida Business Comm

ittee.

35.9. Enforcement and Penalties

35.9-1. It shall be a violation of this law for person

any to willfully obstruct, hinder, or delay the

implementation or enforcement of the provisions of this law or any plan issued thereunder,

whether or not an em

ergency has been proclaimed.

(a) Violators of this lawmay be subject toa fine of not m

ore than $200 per violation to

be issued by the Oneida Police Department and paid to the Tribe. Employees of the

Tribe who violate this law during their work hours or who refuse to follow the

Emergency Operations Plan may be subject to disciplinary action instead of a fine.

35.9-2. All fines assessed under this section shall be

paid within sixty (60) days of issuance of

the citation, unless the person files

an appeal with the Judiciary before the fine is to be paid.

35.9-3. Employees of the Tribe who are discipli

ned under this law may appeal the disciplinary

action in accordance with the personnel

policies and procedures of the Tribe.

End.

Adopted - BC-7-15-98-A

Amended -BC-12-20-06-G

Emergency Amended –BC-4-30-09-A (Influenza A (H1N1))

Amended-BC-5-13-09-F

35-6

Employee Protection Policy

Article IV. Disclosure

Article V. Protection

Article I. Purpose and Policy

Article II. Adoption, Amendment, Repeal

Article III. Definitions

Article I. Purpose and Policy

1-1. The purpose of this policy is to give prot

ection to employees who give information that is

intended to protect the Oneida Nation, or its agencies from fraud, theft or other detrimental

effects.

1-2. It is the policy of the Oneida Nation totend

ex protection to employees who act within this

policy to protect the Nation's interests.

Article II. Adoption, Amendment, Repeal

2-1. This policy shall beco

me effective upon adoption.

2-2. This policy shall supersede, repeal, rescind any prior law or policy regarding employee

protection. Provided, that the law or policy is in direct conflict or extends lesser protection than

this Employee Protection Policy.

2-3. This policy m

ay be amended or repealedby the Oneida Business Committee pursuant to the

Oneida Administrative Procedures Act.

Article III. Definitions

3-1. This article shall govern the definitions of words as phrases as used herein. All words not

defined herein shall be used in

their ordinary and everyday sense.

3-2. “Abuse ofAuthority” means using the authority, whether real or assumed, of any position,

whether actual or assumed, to obtain inform

ation, goods or services to the de

triment of the tribe,

or using the authority as descri

bed above to directly or indir

ectly punish any person or em

ployee

for disclosing information as described below.

3-3. “Appropriate Agency” means a delegated person or officer to receive disclosures in the

Internal Auditing, Gaming Commission, Tribal School Board, Police Commission and Personnel

Commission.

3-4. “Disciplinary Action” means any action by an employer affecting an employee to their

detriment, including, but not lim

ited to - dismissal, demotion, transfer, removal of duty, refuse to

restore, suspend, reprimand.

3-5. “Disclosure” means to reveal otherwise non-public information or other information that

would otherwise remain concealed during a period which it should be bro

ught to light.

3-6. “Employee” means any person working for the Oneida Nation in itsprograms, enterprises,

and governmental functions, whether elected, appointed, or hired as a limited term employee,

vendor, or contractor.

3-7. “Information” means the specific tim e, date, who, when, where, what, how in any

disclosure that would prevent detrim

ental actions being taken against the Oneida Nation.

3-8. “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Tribe.

3-9. “Merit Further Investigati

on” means that point at which aperson(s) hearing the information

believes that it requires further action.

3-10. “Mismanagement” means failure to use reasonable good sense in using the authority

granted through the job description, delegated authority by any supervisor, and/or personal

judgment to advance the economic, financial, and political value of the Oneida Nation by

properly using employee time, equipment, funds, and their own tim

3-11. “Retaliatory Action” m

eans any action, either disciplinaryor otherwise, taken against any

employee, whether supervisory or supervised, forthat employee's disclosure of information as

directed within this policy, excluding any action

that can be reasonably justified as taken in good

faith based on documented employee performance. Action other than disciplinary action that

may be retaliatory, by way of example, could be loss of hours, rescheduling shifts outside of

normal shift changes, change of job requirem

ents without notice, verbal or physical harassm

ent,

reduction of pay, denial of edu

cational benefits, reassignment, failure to increase base pay.

3-12. “Substantial Waste of Public Funds” means any use of fundsin a manner not directed by

policy, including any preference lawsadopted by the Oneida Nation.

Article IV. Disclosure

4-1. General. The Oneida Trib

e recognizing the negative impacton the employee that amy arise

from presenting information that protects the Oneida Tribe from adverse actions of its elected

officials, employees, contractual employees, and contractors and offers the processes in this

Policy to protect employees against retaliation inthe event information is presented. This Policy

is effective after presentation of information and protects against retaliation. No identification of

a protected status is necessary when information is properly presented. nd

A no protection can be

extended unless information is properly presented.

4-2. An employee is protected under this policy when

the disclosure of the inform

ation is given,

in confidence, in written for

m, dated, andsigned, to the any of the following persons:

a. Supervisor

b. appropriate agency or entity

c. law enforcement agency

d. attorney retained by the em

ployee.

e. Employee Advocates

Provided that, disclosure, through circumstances other than in person, the employee shall fully

identify themselves.

4-3. A protected disclosure cludes

the following elements:

a. identity of person making the disclosure b. identity of person or persons against whom

disclosure is being made c. to the best of ethemployees knowledge, the date and tim

es at which

the disclosed action occurred, and d. summary of the disclosed action.

4-4. All disclosures shall be kept confidential, until such time as action is being take

n against the

person or persons identified in the disclosed information.

4-5. Disclosures made in reference to section 4-1 of this policy shall be directed as soon as

possible to the appro priate agency or entit y, with the perm ission of the disclosing

person/persons. The disclosed information will be in a sealed envelope, which may be hand

carried, mailed certified or delivered by law enforcement. A receipt shall be required to be

signed, and dated by the recipient.

4-6. Disclosures made in reference to 4-2(d) ofthis policy shall be wi

th the understanding that

no attorney shall be directed toact in a manner that the attorney finds to be in conflic

t with any

professional responsibility or rule.

4-7. The appropriate agency shall send a writte n decision to the disclosing party that the

disclosure has or does not have merit, along withany further action that will be taken within

twenty (20) business days. If a disclosure merits further action, the disclosing party will be

notified that they may be called by the appropriate agency to give additional testimony at a

closed meeting and on approximately what date. Further, appropriate agencies will follow the

hearing procedures set out in the Administrative Procedures Act for a Hearing of Record.

Appropriate agencies are authorized to use their full powers to take corrective measures where

disclosures merit action, and to utilize all Tribal agencies to effectively correct any and all

problems found. This includes, but not

is limited to, the following action:

a. Oneida Business Comm

ittee garnishment action to recover lost funds,

b. Personnel Comm

ission for disciplinary action,

c. Judiciary for appr

opriate civil actions,

d. Criminal prosecutions, where indicated,in appropriate federal or state courts.

Article V. Protection

5-1. Any employee who discloses infor

mation in the manner described in this policy shall be

protected from any and all em

ployment related retaliation to the ullest

extent of this Article.

5-2. Any employee who believesthat retaliatory action is being taken against them may follow

procedures set out below:

a. This policy supersedes those complaint

procedures set out in the Personnel Policy and

Procedures Manual and the em

ployee may go directly to their Division Director and state,

in person and in writing, or written only, the action that employee believes is retaliatory,

b. If a disciplinary action, that em

ployee may go directly to the Personnel Commission

with their grievance.

5-3. The Personnel Commission isauthorized through this policy to proceed immediately with

any alleged retaliation grievance placed before them by any employee. Any resolution of a

retaliation grievance must be written and placed in all parties files. All parties inc

lude, but are

not limited to, persons actively involved with know

ingly implementing any retaliation action and

named by the grieving party.

5-4. Any person acting under the authority of another, who has a good faith belief of the

correctness of their actions, is a leg

al defense against any retaliation grievance and,if accepted

by the Personnel Commission, bars placement of the results fothe action in that em

ployee’s file.

Provided that, the person was not found to be activel

y involved in an retali

atory action. Provided

further, that the employee acting in good faith has not asked thatthe results of any retaliation

hearing be placed in their file.

5-5. If a disclosing employee files a grievance alleging a protected status as a result of a

disclosure and that retaliation has occurred, the disclosing employee may request a protective

order which may be as follows:

The Personnel Commission Hearing Body hereby orders that the Human Resources

Department shall monitor (name of supervisor/job title)’s actions in regard to (name

of disclosing employee/job title). This employee has alleged a protected status under

the Employee Protection Policy which the Personnel Commission Hearing Body has

determined that sufficient evidence exists to prove that such a status exis

ts.

This protective order shall rem

ain in place until such time as a final decis

ion is issued

by this Personnel Commission Hearing Body.

End.

Emergency Adoption - BC-4-20-95-B

Permanent Adoption - BC-12-6-95-B

Amendments - BC-1-20-99-B

Amendments - BC-6-30-04-J

Amendments – BC-02-25-15-C

Local Land Use Regulation Reimbursement Policy

Article I. Purpose and Policy

Article II. Adoption, Amendment, Conflicts

Article III. Definitions

Article IV. Eligible Individuals and Businesses

Article V. Reimbursement and Denials

Article VI. Appeals

Article I. Purpose and Policy

1-1. Purpose. It is the purpose of this policy to pres

erve and protect the ni herent right of the

Oneida Tribe of Indians of Wisconsin to create and enforce Tribal land use regulations on the

Reservation. Certain local governments refuse to recognize the preemption of state and local

land use regulations with respect to the activitie

s of Tribal members and Tribal member-owned

businesses on the Reservation, and w

ith respect to non-members and non-Tribal member owned

businesses utilizing Tribal land, and refuse to recognize theauthority of the Tribe to regulate

such activities. This situation causes hardships for such Tribal members, non-members and

businesses who are inappropriately threatened with enforcement of local land use regulations.

The purpose of this policy is to alleviate such hardship.

1-2. Policy. It is the policy of the Tribe to reimburse Tribal members, non-members and

businesses subject to Tribal landuse regulations for fees and/or fines associated with compliance

under written protest with local land use regula

tions. This policy neither condones the acts of

local governments nor concedes that such local governments have jurisdiction to regulate the

land use of Tribal m

embers, non-members and businesses otherwise subject to Tribal law.

Article II. Adoption, Amendment, Conflicts

2-1. This policy was ad

opted by the Oneida Business Committee by reso

lution BC-09-08-10-B

and amended by resolution BC-02-25-15-C.

2-2. This policy m ay be am ended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Comm

ittee or the Oneida General Tribal

Council.

2-3. Should a provision of this policy or theplication

thereof to any person or circum

stances

be held as invalid, such invalidity shall not affect other provisions of this policy which are

considered to have legal for

ce without the invalid portions.

2-4. In the event of a conflict between a provi

sion of this policy and a provision of another

policy, the provisions of this policy shall control. Provided that, nothing in this policy is

intended to repeal or modify any existing law,ordinance, policy, regulation, rule, resolution or

motion.

2-5. This policy is ado

pted under authority of th

e Constitution of the Oneida Trib

e of Indians of

Wisconsin.

2-6. This policy shall not be construed to

repeal, abrogate, annul or im pair any

intergovernmental agreements between the Tribe and local governm

ents.

Article III. Definitions

3-1. This article shall govern the definitions of

words and phrases used within this policy. All

words not defined herein shall be used

in their ordinary and everyday sense.

(a) “Appropriate Tribal department” means the Tribal department(s) that approved an

individual’s or business’s use of the land inaccordance with the applicable Tribal land

use regulations.

(b) “Business” m eans a firm , association, organization, partne rship, estate, trust,

company, corporation or similar entity.

Page 1 of 4

Council resolution GTC-01-07-13-B to adm inister the judicial authorities and

responsibilities of the Tribe.

(d) “Local government” includes, but is notlimited to towns, villages, cities and cou

nties

organized pursuant to the lawsof the State of W

isconsin.

(e) “Local land use regulations” m eans local government’s ordinances containing

inspection and/or permit requirements which regulate private use of land.

(f) “Reservation” means all lands within theexterior boundaries of the Reservation of the

Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and any lands adde

d thereto pursuantto federal law.

(g) “Tribal fee land” means land to which the Tribe holds title in fee simple on the

Reservation.

(h) “Tribal land” m

eans Tribal trust land and Tribal fee land.

(i) “Tribal land use regulations” m

eans the following regulations:

(1) Chapter 41, Non-Meta

llic Mine Reclamation

(2) Chapter 42, W

ood Cutting Ordinance

(3) Chapter 43, W

ell Abandonment Law

(4) Chapter 46, On-Site Waste Disposal Ordinance

(5) Chapter 47, Sanitation Ordinance

(6) Chapter 48, W

ater Resources Ordinance

(7) Chapter 66, Building Code of the Oneida Reservation

(8) Chapter 69, Zoning and

Shoreland Protection Law

(9) Any Tribal law which is hereafter adopt

ed and/or designated as a Tribal land

use regulation.

(j) “Tribal member” means an enrolled member of the Oneida Tribe of Indians of

Wisconsin.

(k) “Tribal member owned business” means a business which is majority owned and

managed by one (1) or ore

m enrolled members of the Tribe.

(l) “Tribal trust land” means land to which ethUnited States holds title for the benefit of

the Tribe pursuant to federal law.

(m) “Tribe” means the Oneida Tribe of Indians of W

isconsin

(n) “Under written protes t” means written documentation demonstrating that the

individual or business has prot

ested the application of the local land use regulations to his

or her activities and conveyed such

protest to thelocal government.

Article IV. Eligible Individuals and Businesses

4-1. This policy extendsonly to the following:

(a) All Tribal members or Tribal member owned businesses on the Reservation on land

under the Tribal member’s or Tribal member owned business’s ownership or control;

(b) All non-members or non-Tribal member owned businesses who, in accordance with

Tribal law, lease, occupy or otherwise us e Tribal fee lands or trust lands on the

Reservation; and

non-Tribal member owned, who, in accordance with

Tribal law, lease, occupy or oth

erwise

use Tribal trust land outside the

boundaries of the Reservation.

Article V. Reimbursement and Denials

Page 2 of 4

5-1. Where the following conditions are met, the Tribe will reimburse the individuals or

businesses identified in Section 4-1:

(a) The individual or busine ss first complies with all applicable Tribal lan d use

regulations, including obtaining any required perm

its and/or inspections.

(b) The individual or business receives written notification from a local government

stating that the individual or business is in

violation of local land use regulations, or the

individual or business is ot herwise threatened with enforcem ent of local lan d use

regulations.

(1) The individual or business com

plies with the local land use regulation after

October 28, 2009 under written protest; or

(2) The individual or business complied wi

th the local land use regulation from

January 1, 2009 through October 28, 2009without protesting in writing.

(d) The individual or business submits the following to th e appropriate Tribal

department:

(1) receipts for the local government’s fines and/or fees for compliance with the

local land use regulation; and

(2) verification that the individual orbusiness complied with the local land use

regulation under written protest, if required to comp

ly under written protest.

5-2. When an individual or business identified in

Section 4-1 satisfies the requirem

ents set forth

in Section 5-1, the Tribe shall reimburse the individual or business for fees and/or fines actually

paid by the individual or busine

ss to the local government; however, in no event shall the Tribe

bear any responsibility or

f the following:

(a) Additional costs the indi

vidual or business incurs as result

of his or her com

pliance

under written protest with the local land use regulations, including, but not lim

ited to,

construction costs or engineering costs.

(b) Enforcement actions mandated by a local government, including, but not limited to,

building razing.

5-3. If an individual or business is denied reimbursement, the appropriate Tribal department

shall inform the individual or business of the denial in writing ithin

w ten (10) business days after

receiving the reimbursement request. The notice shall also inform

the individual or business he

or she has ten (10) business days

after receiving the denial tofile an appeal and where he or she

can file an appeal.

5-4. In no case shall an individual or busine

ss purport to allow a local governm

ent to rezone

Tribal fee land orTribal trust land.

Article VI. Appeals

6-1. Any individual or business denied reim

bursement for fees and/or fi

nes actually paid by the

individual or business may file an appeal with the division director of the department which

denied the reimbursement. The denial of reimbursement shall specify where the individual or

business may appeal the decision. The appeal sha

ll be filed within ten (10) business days after

the individual or business is notified of the de

nial of reimbursement.

6-2. The division director, or a designee, shall

determine whether the individual or business is

eligible for reimbursement within f ive (5) business d ays of receipt of the a ppeal. Th e

determination shall be sent by registered ail

m (return receipt requested) ordelivered in person to

the individual or business.

Page 3 of 4

6-3. If reimbursement is denied by the divisiondirector, or designee, the individual or business

may file an appeal of the

decision with the Judiciary.

End.

_____________________________________________________________________________________

Emergency Adoption – BC-10-28-09-C

Emergency Adoption (extension) –BC-04-28-10

Adopted – BC-09-08-10-B

Amended – BC-02-25-15-C

Page 4 of 4

Chapter 82

NOTARY ACT

82.1-1

82.2-1

82.3-0

82.4-0

82.5-1 Certificates

82.6-0 Liability and Remedies

82.7-1 Changes of Status

82.8-1 Authorization

Implementation

Commissioning

Powers and Limitations

Journal and Seal

82.1-1. Implementation. Short Title. This Act may be cited as the Oneida Notary Act.

82.1-2. Purposes.

(a)This Act shall be construed and applied to advance its underlying purposes, which are:

to promote, serve and protect the public interest;

(1)

(2)

to simplify, clarify and modernize the law governing notaries.

82.1-3. Inte1pretation. In this Act, unless the context otherwise requires, words in the singular

include the plural, and words in the plural include the singular.

82.1-4. Definitions.

(a)

As used in this Act:

(1)

"Commission" means to empower to perform notarial acts and the written

authority to perform those acts.

(2)

"Copy certification" means a notarial act in which a notary certifies having made a

photocopy of a document that is neither a public record nor publicly recordable.

"Judiciary" means the judicial system that was established by Oneida General

(3)

Tribal Council resolution GTC-0 1-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

(4)

"Jurat" means a notarial act in which a notary certifies that a signer, whose identity

is personally known to the notary or proven on the basis of satisfactory evidence, has

made, in the notary's presence, a voluntary signature and taken an oath or affirmation

vouching for the truthfulness of the signed document.

(5)

"Notarial act" and "notarization" means any act that a notary is empower to

perform under Section 3-1.

(6)

"Notarial cetiificate" and "certificate" mean the pmi of, or attachment to, a

notarized document for completion by the notary and bearing the notary's signature and

seal.

(7)

"Notary public" and "notary" means any person commissioned to perform notarial

acts under this Act.

(8)

"Oath" and "affirmation" means a notarial act, or part thereof, in which a notary

cetiifies that a person made a vow in the presence of the notary on penalty ofpetjury.

"Official misconduct" means:

(9)

(A) a notary's performance of, or failure to perform, any act prohibited, or

mandated, respectively, by this Act or by any other law in connection with

notarization; or

(B) a notary's performance of a notarial act in a manner found by the

commissioning official to be negligent or against public interest.

(10) "Personal lmowledge of identity" means familiarity with an individual resulting

from interactions with that individual over a period of time sufficient to eliminate every

reasonable doubt that the individual has the identity claimed.

(11) "Satisfactory evidence of identity" means identification of an individual based on:

82-1

(A) at least two (2) current documents, issued by a Tribal, state, or federal

govermnent with the individual's photograph, signature, and physical description,

and the other by an institution, business entity, or Tribal, state or federal

govermnent with at least the individual's signature; or

(B) the oath or affirmation of a credible person who is personally known to the

notary and who personally knows the individual.

82.1-6. Severability Clause. If any provision of this Act, or its application to any person or

circumstance, is held invalid, the invalidity does not affect other provisions or applications of this

Act that can be given effect without the invalid provision or application, and to this end the

provisions of the Act are severable.

82.1-7. Amendments. The Oneida Business Committee is delegated the authority to amend this

Act.

82.2-1. Commissioning.

(a)

Except as otherwise provided in subsection (c), the Tribal Secretary shall commission as a

notary a qualified person who submits an application in accordance with this Act.

(b)

A person qualified for a notarial commission must:

(1)

be at least twenty-five (25) years of age; and

(2)

lawfully reside within the exterior boundaries of the Oneida Reservation and be an

enrolled member of the Oneida Nation of Wisconsin; and

(c)

The Tribal Secretary may deny an application based on:

(1)

the applicant's conviction for a crime involving dishonesty or moral turpitude; or

(2)

revocation, suspension, or restriction of a notarial commission or professional

license issued to the applicant by the Oneida Nation of Wisconsin or the state of

Wisconsin or any other state; or

(3)

the applicant's official misconduct as defined in Section l-4(a)(8), whether or not

disciplinary action resulted.

82.2-2. Jurisdiction and Term. A person commissioned as a notary by the Tribal Secretary may

perform notarial acts in any part within the exterior boundaries of the reservation for a term of

four (4) years, unless the commission is revoked under Section 6-21 or resigned under Section 74.

82.2-3. Bond. No notarial commission becomes effective until, within thirty (30) days after its

issuance, an oath of office and one-hundred fifty (150) dollar bond has been filed with the Tribal

Secretary. The bond must be executed by a licensed surety, for a term of four (4) years

commencing on the commission's effective date and terminating on its expiration date, with

payment of bond funds to any person conditions upon the notary's misconduct as defined in

Section 1-4(a)(8).

82.2-4. Recommissioning. An applicant for recommissioning shall submit a new application and

comply anew with the provisions of Article II with the following exception: in place of passing

an exam, the applicant must sign the renewal declaration in Section 2-26.

Part 2.

82.2-21. Application.

(a) Every application for a notarial commission must be made on forms provided by the Tribal

Secretary and include, at least:

a statement of the applicant's personal qualifications; and

( 1)

82-2

(2)

an examination written by the applicant; and

(3)

a declaration signed by the applicant; and

(4)

an application fee.

82.2-22. Statement of Personal Qualifications.

(a)

The application must state, at least:

( 1)

the applicant's age;

(2)

the applicant's residence address:

(3)

that the applicant can read and write English; and

(4)

all criminal convictions of the applicant, including any plea of admission and no

contest; and

(5)

all issuances, denials, revocations, suspensions, restrictions and resignations of a

notarial commission or other professional license involving the applicant within the

exterior boundaries of the Oneida Reservation, or the State of Wisconsin, or any other

state.

82.2-23. Examination. Every applicant for a notarial commission shall pass a written

examination that tests the applicant's knowledge of notarial laws and procedures and is based on

materials distributed by the Tribal Secretary with the application forms.

82.2-24. Certified Declaration. Every applicant for a notarial commission shall sign the

following declaration in the presence of the Chairman of the Business Committee:

Declaration of Applicant

(name of the applicant), solemnly swear or affirm under

penalty of petjury that the personal information in this application is true, complete and

correct; that I carefully have read the materials describing the duties of a notary for the

Oneida Nation of Wisconsin; and that I will perform, to the best of my ability, all notarial

acts in accordance with the law.

_ _ _ _ _ _ _ _ _ _ _ _ (Signature of Applicant)

(Notarial certificate as specified in Section 5-4)

82.2-25 Fees.

(a)

Every Applicant for a notarial commission shall pay to the Oneida Nation of

Wisconsin a nomefundable fee of fifteen (15) dollars.

(b)

In addition, every applicant shall deposit seventy-five (75) dollars with the Tribal

Secretary before receiving the notary supplies. The applicant shall receive a written receipt

from the Tribal Secretary which indicates the name of the applicant, the date which the

applicant received the notarial supplies and the amount the applicant deposited. The

notarial supplies shall include, but not be limited to:

(1)

the notarial stamp;

(2)

at least ten (1 0) blank jurat certificates, ten (1 0) blank copy certificates and

ten (10) blank oath and affirmation certificates; and

(3)

a copy of this Act.

82.2-26. Renewal Oath. Every applicant for notarial recommission shall sign the following

declaration in the presence of the Tribal Secretary:

Renewal Declaration

(name of Applicant), solemnly swear or affirm under penalty of

perjury that I have carefully reviewed and reread the materials describing the duties of a

notary for the Oneida Nation of Wisconsin and any other legislation, laws or resolutions

82-3

passed by the General Tribal Council or the Oneida Business Committee in furtherance of

this Act.

I understand that I am signing this declaration in place of taking an exam and that I am

fully capable of continuing to fulfill my duties as a notary for the Oneida Nation of

Wisconsin.

82.2-27. Confidentiality. Disciplinary information in an applicant's or notary's Statement of

Personal Qualifications under paragraphs (4) and (5) of Section 2-22 may be used by the Tribal

Secretary and designated Tribal employees for the sole purpose of performing official duties

under this Act and may not be disclosed to any other person than:

(1)

the applicant;

(2)

the applicant's authorized representative or surety;

(3)

a representative of the Oneida Nation of Wisconsin acting in an official capacity;

(4)

a person specified by the Tribal commission order.

Part 3

82.2-31. Governmental Employees.

(a)

The Tribal Secretary may commission any number of Tribal employees to act as notaries,

but notaries so empowered may perform notarial acts only in their service of their respective

Tribal agencies.

(b)

Notaries empowered under this section may perform notarial acts in any part within the

exterior boundaries of the Oneida Nation of Wisconsin reservation for a term of four (4) years,

and shall seek recommissioning by the Tribal Secretary for the subsequent term.

(c)

An applicant for a notarial commission under this section must meet the requirements in

Article II, Part 2, except the applicant shall include a written declaration signed by the applicant's

governmental employer stating that the commissioning is in the public interest; and the fee in

Section 2-25 is waived for employees of the Oneida Nation of Wisconsin.

(d)

The bond and costs of all notarial supplies for a notary empowered under this section must

be paid from funds of the notary's governmental agency.

(e)

No fees may be charged for notarial services performed by a notary empowered under this

section.

(f)

Upon leaving the employment of their Tribal agencies, notaries empowered under this

section shall resign their commissions immediately under Section 7-4 and dispose of their

journals under Section 7-5.

(g)

A notary empowered under this section shall comply with all provisions of this Act, unless

otherwise specified in this section.

82.3-0. Powers and Limitations.

Part 1

82.3-1. Powers. A notary is empowered to perform the following notarial acts:

(a)

oaths and affirmations;

(b)

jurats; and

(c)

copy certifications.

82.3-2. Disqualifications. A notary is disqualified from performing a notarial act if the notary:

(a)

is a signer or named in the document that is to be notarized;

82-4

(b)

will receive directly from a transaction connected with the notarial act any

commission, fee, advantage, right, title, interest, cash, prope1iy, or other consideration

exceeding in value the fees specified in Section 3-21; or

(c)

is related to the person whose signature is to be notarized as a spouse, brother,

sister, mother, father, son, daughter, grandson, granddaughter, uncle, aunt, grandfather,

grandmother, nephew or niece; or is related to the person by any of the foregoing

designations by fact of marriage.

82.3-3 Impartiality.

(a)

A notary may not influence a person to enter into or not to enter into a lawful

transaction involving a notarial act by the notary.

(b)

A notary shall perform notarial acts in lawful transactions for any requesting

person who tenders the appropriate fee specified in Section 3-21.

82.3-4 False Certificate. A notary may not execute a certificate containing a statement known by

the notary to be false or perform any official action with the intent to deceive or defraud.

82.3-5 Testimonials. A notary may not endorse or promote any product, service, contest or other

offering if the notary's title or seal is used in the endorsement or promotional statement.

82.3-6 Unauthorized Practice ofLaw.

(a)

A non-attorney notary may complete but may not select notarial ce1iificates, and

may not assist another in drafting, completing, selecting, or understanding a document or

transaction requiring a notarial act.

(b)

This section does not preclude a notary who is duly qualified in a pmiicular

profession from giving advice relating to matters in their professional field.

(c)

A notary may not make representations to have powers, qualifications, rights, or

privileges that the office of notary does not have, including the power to counsel on

immigration matters.

(d)

A non-attorney notary who advertises notarial services in a language other than

English shall include in the advertisement, notice or sign in the same language:

(1)

the statement, prominently displayed: "I am not an attorney or a paralegal

or a lay advocate and have no authority to give advice on immigration or other

legal matters"; and

(2)

the fees for notarial acts specified in Section 3-21 (a).

(e)

A notary may not use the term "notario publico" in any business card,

adve1iisement, notice or sign.

(f)

A notary may use the Oneida language on any business card, advertisement, notice

or s1gn.

Part 2

82.3-21. Fees.

(a)

The maximum fees that may be charged by a notary for notarial acts are not to exceed:

(1)

for oaths or affirmations without signature, fifty (50) cents per person;

(2)

for jurats, fifty (50) cents per signature; and

(3)

for certified copies, twenty-five (25) cents per page certified.

82.3-22 Notice of Fees. Notaries shall display an English-language schedule of fees for notary

acts, as specified in Section 3-21(a). No part of any displayed notarial schedule may be printed

smaller than 12-point type.

82-5

82.4-0. Journal and Seal.

Part I

82.4-1. Journal. A notary shall keep, maintain, protect as a public record, and provide for lawful

inspection a chronological, permanently bound official journal of notarial acts, containing

numbered pages.

82.4-2. Entries in Journal.

(a)

For every notarial act, the notary shall record in the journal at the time of notarization at

least the following:

(1)

the date and time of day of the notarial act;

(2)

the type of notarial act;

(3)

a description of the document of proceeding;

the signature and printed name and address of each person for whom a notarial act

(4)

is performed;

(5)

the evidence of identity of each person for whom a notarial act is performed, in the

form of either: (i) a statement that the person is "personally known" to the notary and the

number of years the notary has known the person, (ii) a description of the identification

document, its issuing agency, its serial or identification number, and its date of issuance or

expiration;

(6)

the fee, if any, charged for the notarial act; and

(7)

the address where the notarization was performed if not the notary's business

address.

(8)

and if the notarized documents were in English or the Oneida language.

(b)

A notary shall retain as an official record a duplicate photocopy of each certified copy.

(c)

A notary shall record in the journal the circumstances in refusing to perform or complete a

notarial act.

82.4-3. Signatures in Journal. At the time of notarization, the notary's journal must be signed, as

applicable by:

(a)

the person for whom the notarial act is performed;

(b)

the credible witness swearing or affirming to the identity of the person for whom

the notarial act is performed;

(c)

the two (2) witnesses to a signature by mark of the document that is notarized.

82.4-4. Inspection, Copying, and Disposal ofJournal.

(a)

A journal of notarial acts is an official public record that may be inspected in the notary's

presence by any individual whose identity is personally known to the notary or proven on the

basis of satisfactory evidence, who specifies the notarial act sought, and who signs the notary's

journal.

Upon request in compliance with subsection (a), the notary shall provide a photocopy of

(b)

an entry in the journal at a cost of not more than twenty-five (25) cents per photocopy. If a

certified copy is requested, the cost is as specified in Section 3-21.

(c)

A notary shall safeguard the journal and all other notarial records as valuable public

documents and never destroy them, except at the direction of the Business Committee.

(d)

The journal must be kept in the exclusive custody of the notary, and may not be used by

any other notary nor surrendered to an employer upon termination of employment.

(e)

Upon resignation, revocation, or expiration of a notarial commission, or death of the

notary, the notarial journal and records must be delivered by certified mail or other means

providing a receipt or by hand to the Oneida Business Committee in accordance with Article VII.

82-6

Part 2

82.4-21. Official Signature. In completing a notarial act, a notary shall sign on the notarial

certificate exactly and only the name on the notary's commission.

82.4-22. Official Seal.

(a)

A notary shall keep an official notarial seal that is the exclusive property of the Oneida

Nation of Wisconsin and that may not be used by any other person nor su11'endered to an

employer upon termination of employment.

(b)

Upon resignation, revocation, or expiration of a notarial commission, or death of the

notary, the seal must be returned to the Oneida Tribal Secretary for destruction in accordance with

section seven. A new seal must be obtained for any new commission under Section 4-24.

82.4-23. Seal Impression.

(a)

Near the notary's official signature on a notarial certificate, the notary shall affix in ink a

sharp, legible, and photographically reproducible impression of a notarial seal that must include

the following elements:

(1)

the notary's name exactly and indicated on the commission;

(2)

the words 'Notary Public," "Oneida Tribe of Indians of Wisconsin" and "My

Commission Expires (Commission Expiration Date)";

(3)

the address of the notary's business or residence; and

(4)

a border in a circular shape no larger than one and one-half (1112) inches in

diamerter, surrounding the required words in subsection (2).

(b)

Illegible information within the seal impression may be typed or printed legibly by the

notary adjacent to but not within the impression.§4-24 Obtaining a Seal.

All Seals used by the notaries of the Oneida Nation of Wisconsin shall be issued by the Business

Committee after the applicant has met the requirements in Section 2-1 (b).

82.5-1. Certificates. Jurat. A notary shall use a jurat certificate in the following form in

notarizing as signature on an affidavit, deposition, or other sworn or affirmed written declaration:

Oneida Nation of Wisconsin

On this

day of

, 19_ _, before me, the undersigned notary,

personally appeared

(personally known to me) (proved to me

through government-issued documentary evidence in the form of

be the person(s) who signed the preceding or attached document in my presence and who

swore or affirmed to me that the signature(s) (is) (are) voluntary and the document

truthful.

(Official seal and signature of notary)

82.5-2. Certified Copy. A notary shall use a certificate in the following form in notarizing a

certified copy:

Oneida Nation of Wisconsin

On this

day of

, 19 _ _ , I certify that the preceding or attached

document, and the duplicate retained by me as a notarial record, are true, exact, complete,

and unaltered

, (description of document),

9 photocopies made by me of

9 photocopies presented to me by the document's custodian,

(name of

custodian)

82-7

and that, to the best of my knowledge, the photocopied document is neither a public record

nor a publicly recoi·dable document, certified copies of which are available from an

official source other than a notary.

(Official seal and signature of notary)

82.5-3. Certified Documents. No notary may certify a publicly recordable document.

82.5-4. Oaths and Affirmations.

(a)

A person seeking notarization or an oath or affirmation must, if he or she is able,

say the oath out loud. The notary public must witness this recitation.

If the person seeking notarization is unable to say the oath or affirmation aloud, he

(b)

or she must read and sign a written copy of the oath or affirmation. In any case, whether

the person seeking notarization is able to recite the oath or affirmation or not, a written

copy of the oath or affirmation must include the following information on the document or

attached to the document:

On this

day of

, 19 _ _ ,before me, the undersigned notary,

personally appeared _ _ _ _ __

9 personally known to me

9 proved to me through govermnent-issued documentary evidence in the form of

identifications defined in Section 1-5(1 0) of hte Oneida Notary Public Act

to be the person(s) who recited the attached oath or affirmation in my presence and

who swore or affirmed to me that the recitation and signature(s) are voluntary and

the document truthful.

(Official seal and signature of notary)

82.6-0. Liability and Remedies.

Part 1.

82.6-1. Liability ofNotmy, Surety, and Employer.

(a)

A notary is liable to any person for all damages proximately caused that person by the

notary's official misconduct in performing a notarization.

(b)

A surety for a notary's bond is liable to any person for damages proximately caused that

person by the notary's official misconduct in performing a notarization, but this liability may not

exceed the penalty of the bond or of any remaining bond funds that have not been expended to

other claimants. Regardless of the number of claimants, a surety's total liability may not exceed

the penalty bond.

(c)

An employer of a notary is liable to any person for all damages proximately caused that

person by the notary's official misconduct in performing a notarization related to the employer's

business, if the employer directed, encouraged, consented to, or approved the notary's misconduct,

either in the particular transaction or, impliedly, by previous actions in at least one similar

transaction.

(d)

An employer of a notary is liable to the notary for all damages recovered from the notary

as a result of official misconduct that was coerced by threat of the employer, if the threat, such as

of demotion or dismissal, was made in reference to the particular notarization or, impliedly, by

the employer's previous action in at least one similar transaction. In addition, the employer is

liable to the notary for damages caused to the notary by demotion, dismissal, or other action

resulting in the notary's refusal to commit official misconduct.

82-8

(e)

The Oneida Nation of Wisconsin reserves the right to collect damages paid as a result of

an employee's misconduct either directly stemming from an notarial act, or as an employer

coercing the notary to commit official misconduct.

Part 2.

82.6-21. Revocation.

(a)

The Tribal Secretary may revoke a notarial commission on any ground for which an

application for commission may be denied under Section 2-1.

(b)

Resignation or expiration of a notarial commission does not terminate or preclude an

investigation into a notary's conduct by the Tribal Secretary, or other official designated by the

Tribal Secretary, who may pursue the investigation to a conclusion, whereupon it must be made a

matter of public record whether or not the finding would have been grounds for revo~ation.

82.6-22. Other Remedies.

(a)

The Tribal Secretary may deliver a written Official Warning To Cease Misconduct to any

notary whose actions are judged to be official misconduct under Section 1-5.

(b)

The Tribal Secretary may seek an injunction from the Judiciary or any other judicial body

created by the Oneida Nation of Wisconsin to prevent a person from violating any provision of

this Act.

82.6-23. Civil FOJfeiture. A notary who knowingly and repeatedly performs or fails to perform

any act prohibited or mandated; respectively, by this Act shall forfeit not less than $50.00 nor

more than $500.00.

82.6-24. Additional Remedies Not Prevented. The remedies of this Act supplement other

remedies provided by law.

Part 3.

82.6-31. Impersonation. Any person not a notary who knowingly acts or otherwise impersonates

a notary shall forfeit not less than $50.00, nor more than $500.00.

82.6-32. Wrongfitl Possession. Any person who knowingly obtains, conceals, defaces or

destroys the seal, journal or official records of a notary shall forfeit not less than $50.00 nor more

than $500.00.

82.6-33. Improper Influence. Any person who knowingly solicits, coerces or in any way

influences a notary to commit official misconduct shall forfeit not less than $50.00 nor more than

$500.00.

82.6-34. Enforcement. Any and all of the sections of this Act may be enforced by an official

designated by the Oneida Business Committee for separate issues, or for all issues.

82.7-1. Change of Status. Change of Address. Within thirty (30) days after the change of a

notary's business or residence address, the notary shall deliver to the Tribal Secretary, by certified

mail or other means of providing receipt or by hand, a signed notice of the change, giving both

old and new addresses.

82.7-2. Change ofName.

(a)

A notary with a change of name shall deliver to the Tribal Secretary a signed notice ofthe

change, giving both old an new names and the effective date of the new name.

(b)

Starting on the effective date, a notary with a new name official shall sign that name on all

notarial certificates, but only after the following steps have been completed:

(1)

the notice described in subsection (a) has been delivered;

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(2)

a Confirmation of Notary's Name Change has been received from the

Tribal Secretary;

(3)

a new seal bearing the new name exactly as in the confirmation has been

issued by the Tribal Secretary; and

(4)

the surety for the notary's bond has been informed in writing.

82.7-3. Lost Journal or Seal. Within ten (10) days after the loss or theft of an official joumal or

seal, the notary shall deliver to the Tribal Secretary, by certified mail or other means providing a

receipt or by hand, a signed notice of the loss or theft, and inform the appropriate law

enforcement agency in case of theft.

82.7-4. Resignation.

(a)

A notary who resigns a notarial commission shall deliver to the Tribal Secretary, by

certified mail or other means providing a receipt or by hand, a notice indicating the effective date

of resignation.

(b) Notaries who cease to reside or work within the exterior boundaries of the reservation or

who become unable to read and/or unable to write shall resign their commissions.

82.7-5. Di.sposition ofSeal and Journal.

(a)

Except as provided in subsection (b), when a notarial commission is resigned, revoked or

expires, the notary shall:

(1)

as soon as reasonably practicable, return the official seal to the Tribal Secretary for

destruction; and

(2)

within thirty (30) days after the effective date of resignation, revocation, or

expiration deliver to the Oneida Business Committee, by certified mail or other means of

providing a receipt or by hand, the notarial j oumal and records.

(b)

A former notary who intends to apply for a new commission and whose previous

commission or application was not revoked or denied by the Oneida Nation of Wisconsin, need

not deliver the journal and records within thirty (30) days after commission expiration, but must

do so within three (3) months after expiration unless recommissioned within that period.

82.7-6. Death. If a notary dies during the term of commission, the notary's heirs or personal

representative, as soon as reasonably practicable after death, shall:

(a)

return the seal to the Tribal Secretary for destruction; and

(b)

deliver by certified mail or other means providing a receipt or by hand,

(1)

a signed notice of the date of death to the Tribal Secretary, and

(2)

the notarial journal and records to the Oneida Business Committee.

82.8-1. Authorization. Evidence ofAuthenticity ofNotarial Act.

(a)

The authenticity of the official notarial seal and signature of a notary of the Oneida Nation

of Wisconsin may be evidenced by:

(1)

a certificate of authority from the Tribal Secretary, authenticated as

necessary.

82.8-2. Certificate of Authority. A certificate of authority evidencing the authenticity of the

official notarial seal and signature of a notary of the Oneida Nation of Wisconsin must be in the

following form:

Certificate of Authority for a Notarial Act

, (name, title, jurisdiction of authenticating official) certify that (name

of notary), the person named in the seal and signature on the attached document is a notary

public for the Oneida Nation of Wisconsin and was authorized to act as such at the time of

the document's notarization.

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To verify this Certificate of Authority for a Notarial Act, I have affixed below my

signature and seal of office this _ _ day of

, 19_ _ __

End.

Adopted- GTC-7-11-94-C

Amended- BC-02-25-15-C

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Chapter 2

ONEIDA ELECTION LAW

OD.Ayote?a·lcl: Tho Ni· Y6t Tsi? Ayethiyatalako Tsi? KayanUhsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

2.1. Purpose and Policy

2.2. Adoption, Amendment, Repeal

2.3. Definitions

2.4. Election Board

2.5. Candidate Eligibility

2.6. Selection of Candidates

2.7. Notice of Polling Places

2.8. Registration of Voters

2. 9. Election Process

2. I 0. Closing Polls and Securing Ballots

2.11. Election Outcome and Ties

2.12. Elections

2.1. Purpose and Policy

2.1-1. It is the policy of the Tribe that this law shall govern the procedures for the conduct of

orderly Tribal elections, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an

allowance made for write-in candidates on ballots.

2.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Tribe in the conduct of elections. It is intended to govern all

procedures used in the election process.

2.2. Adoption, Amendment, Repeal

2.2-1. This law was adopted by the Oneida General Tribal Council by resolution# GTC 7-0698-A and amended by resolutions #GTC-01-04-10- A and BC-02-25-15-C. The amendments

adopted by resolution #GTC-01-04-10-A shall be effective January 4, 2010.

2.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative

Procedures Act by the Business Committee or the Oneida General Tribal Council. Actions of the

Election Board regarding amendments to this law and policies adopted regarding implementation

of this law are to be presented to the Business Committee who shall then adopt or forward

action(s) to the General Tribal Council for adoption.

2.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

2.2-4. Any law, policy, regulation, rule, resolution or motion, or portion thereof, which directly

conflicts with the provisions of this law is hereby repealed to the extent that it is inconsistent

with or is contrary to this law.

2.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of

Wisconsin.

2.3. Definitions

2.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

2.3-2. "Alternate" shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

2.3-3. "Applicant" shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

2.3-4. "Business day" shall mean Monday through Friday, 8:00 a.m. - 4:30 p.m., excluding

Tribal holidays.

2.3-5. "Campaigning" shall mean all efforts designed to influence Tribal members to support or

reject a particular Tribal candidate including, without limitation, advertising, rallying, public

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speaking, or other communications with Tribal members.

2.3-6. "Candidate" shall mean a petitioner or nominee for an elected position whose name is

placed on the ballot by the Election Board after successful application.

2.3-7. "Clerk" shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

2.3-8. "Close of business" shall mean 4:30p.m. Monday through Friday.

2.3-9. "Conflict oflnterest" shall mean any interest, whether it be personal, financial, political or

otherwise, in which a Tribal elected official, employee, consultant, appointed or elected, member

of any board, committee or commission, or their immediate relatives, friends or associates, or

any other person with whom they have contact, that conflicts with any right of the Tribe to

property, information, or any other right to own and operate its enterprises, free from undisclosed

competition or other violation of such rights of the Oneida Tribe, or as defined in any law or

policy of the Tribe.

2.3-10. "Election" shall mean every primary and election.

2.3-11. "General election" shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

2.3-12. "Judge" shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

2.3-13. "Judiciary" means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Tribe.

2.3-14. "Lot drawing" shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

2.3-15. "Oneida Police Officer" shall mean an emolled member of the Oneida Tribe of Indians

who is a police officer on any police force.

2.3-16. "Private property" shall mean any lot of land not owned by the Tribe, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

2.3-17. "Prominent locations" shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

2.3-18. "Qualified voter" shall mean an emolled Tribal member who is 21 years of age or older.

2.3-19. "Rejected Ballots" shall mean those ballots which are rejected by the vote tabulating

machine.

2.3-20. "Spoiled Ballot" shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

2.3-21. "Teller" shall mean the election official in charge of collecting and storing of all ballots.

2.3-22. "Tribal newspaper" shall mean the Kalihwisaks, or any other newspaper operated by the

Tribe for the benefit of transmitting news to Tribal members which is designated by the Election

Board as a source for election related news.

2.3-23. "Tribe" means the Oneida Tribe oflndians of Wisconsin.

2.4. Election Board

Section A. Establishment, Composition and Election

2 .4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this

law and Article III, Sections 2 and 3 of the Oneida Constitution.

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2.4-2. The Election Board shall consist of nine (9) elected members. All members shall be

elected to terms of three (3) years, not to exceed two (2) consecutive terms.

2.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an

Election Board member in any pre-election, election day, or post-election activities while he or

she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of

interest.

2.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A

member who is removed from the Election Board shall be ineligible to serve on the Board for

three (3) years from the time he or she is removed from the Election Board.

2.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the

Business Committee for the balance of the unexpired term. The filling of a vacancy may be

timed to correspond with the pre-election activities and the needs of the Election Board.

2.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.

2.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the

Election Board, as recommended by the Election Board, to assist with election day and preelection activities.

2.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the

By-laws of the Election Board, to preside over the meetings. This selection shall be carried out

at the first meeting of the Election Board following an election. The Chairperson shall then ask

the Election Board to select a Vice-Chairperson and Secretary.

Section B. Duties ofthe Election Board

2.4-9. The Election Board shall have the following duties, along with other responsibilities listed

throughout this law.

(a) The Election Board shall be in charge of all registration and election procedures; and

(b) Upon completion of an election, the Election Board shall make a final report on the

election results as set out in this law.

Section C. Specific Duties of Officers and Election Board Members

2.4-10. Specific duties of the Chairperson and other Election Board members, in addition to

being present at all Election Board meetings and assisting the handicapped through the voting

process, are as set out herein:

(a) Chairperson: Shall preside over meetings of the Election Board; shall select the

hearing body for applicants found to be ineligible in accordance with 2.5-6 in the event of

an appeal; shall oversee the conduct of the election; shall dismiss the alternates and

Oneida Enrollment Depatiment personnel when their election day duties are complete;

and shall post and repmi election results.

(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.

Secretary, other Election Board members and the public as required in the Open Records

and Open Meetings Law.

(d) Clerks: Shall implement the requirements of identifying and registering all voters

and determining voter eligibility. Clerks shall work in conjunction with the Oneida

Enrollment Department personnel in the registration process, and assist the Chairperson

as directed in conducting the election. Clerks cannot be currently employed by the

Oneida Enrollment Department.

(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as

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determined by this law. Shall assist the Chairperson in conducting the election.

(f) Judges: Shall inform and advise the Chairperson of all aspects of the election

conducted under this law. In case of disputes among Election Board members, or

between Tribal members and Election Board members, or any controversy regarding

voter eligibility, the Judge(s) shall assist the Chairperson in making a determination. The

Judge(s) shall also ensure that all ballots of voters whose eligibility may be in question,

remain confidential.

Section D. Compensation Rates

2.4-11. Election Board members are to be compensated at an hourly rate when conducting

elections as provided for in the Election Board's bylaws as approved by the Business Committee.

The Election Board shall have a budget, approved through the budgeting process of the Tribe.

2.4-12. The Oneida Enrollment Department persom1el and Oneida Police Officer(s) shall be

compensated at their regular rate of pay out of their respective budgets.

2.5. Candidate Eligibility

Section A. Requirements

2.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted by-laws

or other documents, all applicants shall meet the minimum requirements set out in this section in

order to become a candidate.

2.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:

(a) be an enrolled Tribal member, as verified by membership rolls of the Tribe.

(b) be a qualified voter on the day of the election.

been nominated or for which they have petitioned. Proof of residency may be through

one (1) or more of the following:

(1) a valid Wisconsin driver's license;

(2) a bill or pay check stub showing name and physical address of the candidate

from the prior or current month;

(3) another form of proof that identifies the candidate and that the candidate has

physically resided at the address and identifies that address as the primary

residence.

2.5-3. No applicant may have a conflict of interest with the position for which they are being

considered, provided that any conflict of interest which may be eliminated within thirty (30)

calendar days of being elected shall not be considered as a bar to nomination or election.

2.5-4. Applications and petitions where the applicant was not nominated during caucus shall be

filed by presenting the information to the Tribal Secretary, or designated agent, during normal

business hours, 8:00 to 4:30 Monday tlll'ough Friday, within five (5) business days after the

caucus. No mailed, internal Tribal mail delivery, faxed or other delivery method shall be

accepted.

2.5-5. The names of the candidates and the positions sought shall be a public record and made

available to the public upon the determination of eligibility by the Election Board or the Board's

designated agent.

Section B. Eligibility Review

2.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.

At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall

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select the hearing body. The hearing shall be held within two (2) business days of receipt of the

appeal. The applicant shall be notified by phone of time and place of the hearing. The decision

of the hearing body shall be sent via certified mail or hand delivery within two (2) business days

of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the

Judiciary on an accelerated schedule.

2.5-7. The Election Board shall be responsible for reviewing the. qualifications of applicants to

verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position

shall be notified by certified mail return receipt requested. The notice shall provide the

following information:

(a) Position for which they were considered

(b) Qualification of the position and citation of the source. (Copies of source may be

attached.)

(d) That the applicant has two (2) business days from notification to make an appeal.

Appeals must be filed at the location designated on the notice by hand delivery. The

location designated shall be on the Reservation. No mailed, internal Tribal mail, faxed or

other delivery method will be accepted.

Section C. Campaign Financing

2.5-8. Contributions:

(a) Solicitation of Contributions by Candidates.

(1) Candidates shall only accept contributions from individuals who are members

of the Tribe or individuals related by blood or marriage to the candidate.

Candidates may not accept contributions from any business, whether sole

proprietorship, partnership, corporation, or other business entity.

(2) Candidates shall not solicit or accept contributions in any Tribal office or

business/facility.

(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business

Committee.

2.5-9. Campaign Signs and Campaigning:

(a) Placement of campaign signs:

(1) Campaign signs shall not be posted or erected on any Tribal property except

for private property with the owner/tenant's permission.

(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum

of seven (7) such signs may be placed on a building or on a lot.

(3) No campaign sign shall project beyond the property line into the public right

of way.

(b) Removal of campaign signs. All campaign signs shall be removed within five (5)

business days after an election.

work hours. Tribal employees shall be subject to disciplinary action under the personnel

policies and procedures for political campaigning during work hours.

(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign

signs that are not in compliance with this law, in accordance with the Zoning and

Shoreland Protection Law.

(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by

2-5

the Election Board in an amount specified in a resolution adopted by the Business

Committee.

Section D. Candidate Withdrawal

2.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by the

candidate prior to submission of the ballot for printing to any Election Board member, excluding

alternates.

2.5-11 After printing of the ballot, any candidate may withdraw his or her name from the

election by submitting in writing a statement indicating they are withdrawing from the election

prior to the opening of the polls to any Election Board member, excluding alternates. This

statement shall be posted alongside any sample ballot printed prior to the election in the

newspaper or any posting at the polling places.

2.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the

Election Board members in charge of the polling place, to be removed from the ballot. The

written statement shaH be posted next to any posted sample ballot.

2.5-13. Candidates withdrawing by any method listed herein shall be denied any position from

which they have withdrawn regardless of the number of votes cast for that candidate. A written

statement shall be considered the only necessary evidence of withdrawal and acceptance of

denial of any position withdrawn from.

2.5-14. Candidate Withdravval After Winning an Election.

(a) In the event a candidate declines an office after winning an election, the Election

Board shall declare the next highest vote recipient the winner. This procedure shall be

repeated as necessary until a winner is declared. ·

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

2.6. Selection of Candidates

Section A. Setting of Caucus

2.6-1. The Election Board shall be responsible for calling a caucus before any election is held.

The caucus for the general election shall be held at least ninety (90) calendar days prior to the

election date. Caucuses for other elections shall be held at least forty-five (45) calendar days

prior to the election date. In a general election year, caucuses shall be combined so that

candidates for the Business Committee and elected boards, committees and commissions are

nominated at the same caucus.

2.6-2. The procedures for the caucus shall be as follows:

(a) Candidates shall be nominated from the floor.

(b) Candidates present at the caucus will accept/decline their nomination at the caucus.

Candidates nominated at the caucus, but not present to accept the nomination, shall be

required to follow the petition process.

Chairperson, Vice(c) Nominations shall consist of the following positions:

Chairperson, Treasurer, Secretary, Council Member and other elected positions as

required by by-laws or creating documents of a board, committee, or commission.

Section B. Petition

2.6-3. Any eligible Tribal member may petition to be placed on a ballot according to the

following procedures:

(a) Each petitioner, not nominated at caucus, shall file a petition containing

2-6

endorsee's original signatures; photocopies shall not be accepted.

(b) Petitioners shall use an official petition form as designated by this law which may

be obtained in the Tribal Secretary's Office or from the mailing for that caucus.

(1) printed name and address;

(2) date ofbhih;

(3) Oneida Tribal Enrollment Number; and

(4) signature.

(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as

defined under this law.

(e) Petitions shall be presented to the Tribal Secretary, or designated agent, during

normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to

close of business five (5) business days after the caucus. The location to drop-off

petitions shall be identified in the mailing identifying the caucus date.

(f) The Tribal Secretary shall forward all petitions to the Election Board Chairperson

the next business day following the close of petition submissions.

(g) The Election Board shall have the Oneida Enrollment Department verify all

signatures contained on the petition.

2.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a

judicial comi or commission, shall not run for more than one (1) elective office or seat per

election.

2.7. Notice of Polling Places

2.7-1. The Election Board shall post a notice in the prominent locations, stating the location of

the polling places and the time the polls will be open. This notice shall also be posted in an

easily visible position, close to the entrance of Tribal businesses/facilities.

2.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the

election, and shall remain posted until the poll closes on the day of the election.

2.7-3. Except for a Special Election, notice for the election shall be mailed to all Tribal

members, stating the time and place of the election and a sample of the ballot, no less than ten

(1 0) calendar days prior to the election, through a mass mailing. The Oneida Enrollment

Department shall be notified,. by the Election Board Chairperson, no less than twenty (20)

calendar days prior to the requested mailing.

2.7-4. Notice of the election shall be placed in the Tribal newspaper.

2.8. Registration of Voters

Section A. Requirement.~

2.8-1. Registration of Voters. All enrolled members ofthe Tribe, who are twenty-one (21) years

of age or over, are qualified voters of such election(s) as defined in Atiicle III, Section 2 of the

Oneida Tribal Constitution.

Section B. Identification of Voters

2.8-2. All voters must present one of the following picture identifications in order to be able to

vote:

(a) Tribal I.D.

(b) Drivers License.

2-7

Section C. Registration Procedures

2.8-3. Voters shall physically register, on the day ofthe election, at the polls.

2.8-4. Oneida Emollment Department personnel shall be responsible for verifying Tribal

enrollment. Conduct of Oneida Emollment Department personnel is governed by the Election

Officials during the voting period.

2.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration

Form containing the voter's following information:

(a) name and maiden name (if any);

(b) current address;

(d) enrollment number.

Section D. Qualification/Verification of Voter Eligibility

2.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,

the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with

the Enrollment Department persom1el who are registering voters, to decide the voting member's

eligibility currently being questioned and shall make such decisions from the facts available,

whether the applicant is, in fact, qualified/verifiable under the Oneida Tribal Constitution,

Article III Section 2, to vote in tribal elections.

2.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be

placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of

the voter shall be written next to a numbered list which corresponds to the numbered and sealed

envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box

413, Oneida, Wisconsin, 54155, postmarked within two (2) business days ofthe election if they

desire to challenge the decision made by the Election Officials. The Election Board shall make a

final decision, within five (5) business days of receiving the appeal and shall repmi this decision

in the final report sent to the Oneida Business Committee.

2.9. Election Process

Section A. Polling Places and Times

2.9-1. In accordance with Article III, Section 4 of the Tribal Constitution, elections shall be held

in the month of July on a date set by the General Tribal Council. The General Tribal Council

shall set the election date at the January annual meeting, or at the first GTC meeting held during

a given year. Special Elections shall be set in accordance with 2.12-6.

2.9-2. Elections shall be held in an Oneida Tribal facility(s) as determined by the Election

Board.

2.9-3. Voting for elections shall begin at 7:00a.m. and shall end at 7:00p.m. All voters in line

to vote at 7:00p.m. shall be allowed to vote.

(a) If a ballot counting machine is used, the ballot counting machine shall be prepared

prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after

four (4) Tribal members verify, through signature on the tape, the ballot box is empty and

the ballot counting machine printer tape has a zero (0) total count.

2.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,

and until the counting of ballots is completed, and tentative results posted.

2.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such

that there is an area with at least two sides and a back enclosure.

2-8

2.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of

the voting area, excluding private property.

2.9-7. No one causing a disturbance shall be allowed in the voting area.

2.9-8. Election Board members may restrict the voting area to qualified voters only. This

restriction is in the interest of maintaining security of the ballots and voting process.

Section B. Ballot Box

2.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and

shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,

the ballots may be placed within the ballot counting machine as they are received.

Section C. Spoiled Ballots

2.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.

2.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials

and placed in an envelope marked as "Spoiled Ballots."

2.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)

calendar days following finalization of any challenge of the election, at the Records Management

Depmiment.

Section D. Rejected Ballots

2.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.

(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the

authenticity of the ballot. Ballots rejected because of mutilation shall be added to the

final computer total, provided that, a new ballot was not received as set out in sections

2.9-10 through 2.9-12.

(b) Ballots rejected, either during the computer process or during a manual counting,

shall be reviewed by the Election Officials to verify that they are authentic. If the

Election Officials determine that the ballot is not an official ballot, or that it is an illegal

·ballot, the ballot shall be designated 'void,' and placed in a sealed container marked

"Void Ballots."

2.10. Tabulating and Securing Ballots

Section A. Machine Counted Ballots

2.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate

from the ballot counting machine copies of the election totals from the votes cast.

2.10-2. At least six (6) Election Board members shall sign the election totals, which shall

include the tape signed by the Tribal members before the polls were opened per section 2.9-3(a).

Section B. Manually Counted Ballots

2.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the

ballot box and remove the ballots.

2.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall

be secured in a sealed container for transpmiation to the ballot counting location. The sealed

ballots shall be transpmied by an Oneida Police Officer with at least three (3) of the Election

Officials for counting/tallying ofballots.

2.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and

witnessed/monitored by an Oneida Police Officer.

2-9

2.10-6. Ballots must be counted by two different Election Officials until two final tallies are

equal in back to back counting. Final tallies shall be verified by the Election Judges.

Section C. Securing Ballots

2.10-7. The Judges shall place together all ballots counted and secure them together so that they

catmot be untied or tampered with without breaking the seal. The secured ballots, and the

election totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed

container in such a manner that the container cannot be opened without breaking the seals or

locks, or destroying the container. The Oneida Police Officer shall then deliver, on the day of

the election, the sealed container to the Records Management Department for retaining.

2.11. Election Outcome and Ties

Section A. Election Results Announcement

2.11-1. The tentative results of an election shall be mmounced and posted by the Election Board

within twenty-four (24) hours after the closing of the polls. Notices of election results shall

contain the following statement:

"The election results posted here are tentative results. Final election results are

forwarded by the Oneida Election Board to the Oneida Business Committee via a Final

Report a/ter time has lapsed for recount requests, or challenges or after all recounts or

challenges have been completed, whichever is longer"

2.11-2. The Election Board shall po

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.