Oneida Business Committee (2023)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 3, 2023
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. April 19, 2023 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General Tribal
Council (pg. 4)
2. Petition: L. Dallas – Community Improvement Projects (CIP) and Funding (pg. 12)
3. Petition: L. Dallas – Contract of Chief Counsel Jo Anne House (pg. 18)
4. Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal
Council Prior to Each General Tribal Council Meeting (pg. 22)
5. Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from January 1, 2020
– Present (pg. 28)
6. Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the
October 9, 2022, Green Bay Packer Game (pg. 38)
7. Petition: L. Dallas – Donations - Internal and External (pg. 48)
8. Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition
Timeline Adopted by General Tribal Council (pg. 55)
9. Petition: L. Dallas – Repeal the Budget and Finances Law (pg. 60)
IV.
New Submissions
1. Petition: L. Dallas – Emergency Amendments to the Election Law for 2023 General Election
(pg. 74)
V.
Additions
1. Legislative Operating Committee Fiscal Year 2023 Semi-Annual Report (pg. 76)
2. Legislative Reference Office Fiscal Year 2023 Semi-Annual Report (pg. 79)
VI.
Administrative Updates
1. Legislative Operating Committee Fiscal Year 2023 Second Quarter Report (pg. 81)
VII.
Executive Session
VIII. Recess/Adjourn
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
April 19, 2023
9:00 a.m.
Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman King
Excused: Jennifer Webster
Others Present: Clorissa N. Leeman, Grace Elliott, Kathleen Metoxen, Keith Doxtator, Rhiannon
Metoxen (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Michelle Tipple (Microsoft
Teams), Matt Denny (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Todd Vanden
Heuvel (Microsoft Teams), Kristal Hill (Microsoft Teams), Terri Schlitz (Microsoft Teams),
Kaylynn Gresham (Microsoft Teams), Tine Jorgensen (Microsoft Teams), Laura Laitinen-Warren
(Microsoft Teams), Rae Skenandore (Microsoft Teams), Reynold Danforth (Microsoft Teams),
Mark Powless (Microsoft Teams), Michelle Braaten (Microsoft Teams), Nicholas Anderson
(Microsoft Teams), Carrie Lindsey (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the April 19, 2023, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Cornelius to adopt the agenda with one addition – item V.1 Petition: L.
Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business; seconded by Kirby
Metoxen. Motion carried unanimously.
II.
Minutes to be Approved
1. April 7, 2023 LOC Meeting Minutes
Motion by Marie Cornelius to approve the April 7, 2023, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Petition: L. Dallas – Disclosure of FY- 2020 Budget
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Disclosure of FY- 2020 Budget and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of April 19, 2023
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2. Petition: L. Dallas – Disclosure of FY- 2021 Budget
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Disclosure of FY- 2021 Budget and forward to the Oneida Business Committee; seconded
by Kirby Metoxen. Motion carried unanimously.
3. Petition: L. Dallas – Disclosure of FY- 2022 Budget
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Disclosure of FY- 2022 Budget and forward to the Oneida Business Committee; seconded
by Kirby Metoxen. Motion carried unanimously.
4. Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments
to all Eligible Oneida Enrolled Members
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Implement Payments of Medicare Plan B Premium Payments to all Eligible Oneida
Enrolled Members and forward to the Oneida Business Committee; seconded by Daniel
Guzman King. Motion carried unanimously.
5. Petition: L. Dallas – Term Limits for 2023
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas –
Term Limits for 2023 and forward to the Oneida Business Committee; seconded by Marie
Cornelius. Motion carried unanimously.
IV.
New Submissions
V.
Additions
1. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business
Motion by Marie Cornelius to accept the updated statement of effect for the Petition: L.
Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business and forward to the
Oneida Business Committee; seconded by Kirby Metoxen. Motion carried unanimously.
VI.
Administrative Items
1. Memorandum: Status Update for Outstanding General Tribal Council Petitions
Motion by Marie Cornelius to accept the memorandum titled, Status Update for
Outstanding General Tribal Council Petitions, and forward to the Oneida Business
Committee; seconded by Daniel Guzman King. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:18 a.m.; seconded by Marie Cornelius.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of April 19, 2023
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Budgets for the
Oneida Nation be Brought Before the
General Tribal Council
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the budgets for the Oneida Nation of Wisconsin shall be brought before the
General Tribal Council in separate GTC meetings and scheduled as follows for the solely
purpose of presenting, reviewing, discussing, and receiving approval/denial/modification
by the General Tribal Council PRIOR to ANY changes being implemented:
Oneida Nation of Wisconsin Organizational Structure
Business Committee and Other Committees
Boards and Commissions
Law Office and All other Areas
Direct that Roberts Rules of Order will be suspended for a minimum of one (1) hour for
discussion with five (5) minutes per person for discussion;
GTC reserves the right to review, discuss, and take any other action deemed appropriate
by the General Tribal Council during the GTC Meeting regarding the above matter.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Page 1 of 2
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Next Steps:
Accept the statement of effect for Petition: L. Dallas – Budgets for the Oneida Nation be
Brought Before the General Tribal Council and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Statement of Effect
Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the
General Tribal Council
Summary
This petition requests the General Tribal Council to consider directing that the budgets for the
Nation be brought before the General Tribal Council in separate meetings and in the following
order for the purpose of presenting, reviewing, discussing, and receiving approval, denial, or
modification by the General Tribal Council prior to changes being implemented: (1) entities within
the Oneida Nation organizational structure; (2) Oneida Business Committee and other committees;
(3) boards and commissions; and (4) Oneida Law Office and all other areas. This petition also
requests the General Tribal Council to consider directing that Roberts Rules of Order be suspended
for a minimum of one (1) hour for discussion with five (5) minutes per person for discussion.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 18, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the
General Tribal Council (“the Petition”) was submitted to the Government Administrative Office
by Linda Dallas and then verified by the Oneida Trust Enrollment Department on March 7, 2023.
On March 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition and
directed that the Legislative Reference Office complete a statement of effect for the Petition with
status updates to be submitted for the April 26, 2023, regular Business Committee meeting agenda
and the first Business Committee meeting of the month thereafter or until the final documents are
submitted. The Legislative Operating Committee added the Petition to its Active Files List on
April 7, 2023, for a statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Direct that the budgets for the Oneida Nation of Wisconsin shall be brought before
the General Tribal Council in separate GTC meetings and scheduled as follows for
the solely purpose of presenting, reviewing, discussing and receiving
approval/denial/modification(s) by the General Tribal Council PRIOR to ANY
changes being implemented:
1. Oneida Nation of Wisconsin Organizational Structure
2. Business Committee and Other Committees
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3. Boards and Commissions
4. Law Office and All other Areas
Direct that Roberts Rules of Order will be suspended for a minimum of one (1) hour
for discussion with five minutes per person for discussion;
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Process for the Adoption of the Budget
Article IV, Section 1 of the Constitution and Bylaws of the Oneida Nation grants the General
Tribal Council the power to “manage all economic affairs and enterprises of the Oneida Nation”
and to “promulgate and enforce ordinances . . . providing for the . . . appropriation of available
tribal funds for public purposes. . . .” [Oneida Nation Constitution Article IV Section 1(e) and (f)].
Subject to its review, the General Tribal Council has delegated the authority set forth in Article IV
of the Constitution to the Oneida Business Committee.
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
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The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
The Budget and Finances law requires that the Treasurer develop the necessary guidelines,
including specific timelines and deadlines, to be followed by the managers that have budget
responsibility in preparing and submitting proposed budgets, and that the Treasurer then submit
those guidelines to the Oneida Business Committee for review and approval through the adoption
of a resolution. [1 O.C. 121.5-4(a)]. The Treasurer is then required to receive, review, and compile
the proposed budgets from all the fund units into the Nation’s draft budget, and then present the
Nation’s draft budget to the Oneida Business Committee for review each year to ensure that it is
consistent with the Nation’s strategic plan, broad goals, and budget strategy. [1 O.C. 121.5-4(b)].
The Budget and Finances law then requires the Oneida Business Committee to work with the
Treasurer, Chief Financial Officer, managers, or other appropriate entity to compile a final draft
budget to be presented to the General Tribal Council. [1 O.C. 121.5-4(c)]. The Oneida Business
Committee is then required to approve, by resolution, the final draft budget to be presented to the
General Tribal Council. Once the Oneida Business Committee has approved the final draft budget,
the Treasurer is required to hold, at a minimum, two (2) community informational meetings to
present the contents of the final draft budget that will be presented to the General Tribal Council.
[1 O.C. 121.5-4(d)]. The Oneida Business Committee is then required to present the budget to the
General Tribal Council with a request for adoption by resolution no later than September 30th of
each year, with the General Tribal Council responsible for adopting the Nation’s budget. [1 O.C.
121.5-4(e)].
The Budget and Finances law provides that in the event that the General Tribal Council does not
adopt a budget by September 30th, the Oneida Business Committee may adopt a continuing budget
resolution until such time as a budget is adopted. [1 O.C. 121.5-4(e)(1)]. If the General Tribal
Council is not able to adopt a budget within three (3) months of the adoption of the continuing
budget resolution, then the Oneida Business Committee shall proceed with the adoption of the
Nation’s budget. Id. In the event that the Nation proclaims an emergency, in accordance with the
Emergency Management law, that stays in effect for at least one (1) month and prevents the
presentation to and adoption of the budget by the General Tribal Council, the Oneida Business
Committee shall adopt the Nation’s budget. [1 O.C. 121.5-4(e)(2)].
The Petition requests the General Tribal Council to consider directing that the budgets for the
Nation be brought before the General Tribal Council in separate meetings and in the following
order for the purpose of presenting, reviewing, discussing, and receiving approval, denial, or
modification by the General Tribal Council prior to changes being implemented: (1) entities within
the Oneida Nation organizational structure; (2) Oneida Business Committee and other committees;
(3) boards and commissions; and (4) Oneida Law Office and all other areas. Overall, the requests
of this Petition would have legislative impacts on the Budget and Finances law.
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The Petition’s request for budgets of the Nation to be brought before the General Tribal Council
for presentation and adoption is already addressed by and complies with the Budget and Finances
law, which requires that the budget be presented to the General Tribal Council with a request for
adoption by September 30th of each year. [1 O.C. 121.5-4(e)]. The Oneida Business Committee is
only ever given the authority to adopt the Nation’s budget in limited circumstances where the
General Tribal Council’s ability to adopt the budget itself has been impacted, such as when the
General Tribal Council is not able to adopt a budget within three (3) months of the adoption of the
continuing budget resolution, or when the Nation proclaims an emergency, in accordance with the
Emergency Management law, that stays in effect for at least one (1) month and prevents the
presentation to and adoption of the budget by the General Tribal Council. [1 O.C. 121.5-4(e)(1)(2)].
Additionally, to ensure that the Nation’s membership has adequate opportunity to review, discuss,
and become educated on the Nation’s budget prior to the General Tribal Council meeting where it
will be formally considered, the Budget and Finances law requires that once the Oneida Business
Committee has approved the final draft budget, the Treasurer holds, at a minimum, two (2)
community informational meetings to present the contents of the final draft budget that will be
presented to the General Tribal Council. [1 O.C. 121.5-4(d)].
The Petition’s request for the budgets of the Nation to be broken up into different categories and
then be brought before the General Tribal Council in separate meetings for the purpose of
presenting, reviewing, discussing, and receiving approval, denial, or modification(s) by the
General Tribal Council would conflict with the Budget and Finances law’s directive that one (1)
final draft budget on behalf of the Nation as a whole be presented to the General Tribal Council
for consideration. The Treasurer is required to compile all proposed budgets from the individuals
fund units within the Nation into a draft budget for the Nation, and then work with the Chief
Financial Officer, the Oneida Business Committee, managers, and other appropriate entities to
finalize the Nation’s draft budget. [1 O.C. 121.5-4(b)-(c)]. The Oneida Business Committee is
then required to approve the final draft budget for the Nation to be presented to the General Tribal
Council, and then present that draft budget to the General Tribal Council for adoption. [1 O.C.
121.5-4(c)-(e)]. Breaking up the budget that is presented to the General Tribal Council into
multiple separate budgets that are presented for consideration of adoption in a piecemeal fashion
conflicts with budget adoption process found in section 121.5-4 of the Budget and Finances law,
as well as the overall sentiment provided in section 121.5-1 of the law that the Nation develop,
adopt, and manage one annual budget
Suspension of Robert’s Rules of Order
The Petition requests that the General Tribal Council consider directing that Roberts Rules of
Order be suspended for a minimum of one (1) hour for discussion with five (5) minutes per person
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for discussion. There are no laws of the Nation that address the General Tribal Council using
Robert’s Rules of Order.
Historically, the General Tribal Council addressed through motions during its meetings limitations
on speakers during General Tribal Council meetings. In an effort to standardize some actions of
the General Tribal Council consistent with prior actions and understandings, the General Tribal
Council adopted resolution GTC-12-02-19-A, Establishing Rule Regarding Presentations and
Speakers, which set the following procedural rules to be applied when a General Tribal Council
meeting is called to order:
Upon calling the meeting to order, members are limited to three (3) minutes per person. A
member must make all comments, ask all questions, and make any requested motions
within the three (3) minute time period.
Upon calling the meeting to order, members are limited to speaking once per topic until all
interested parties have had an opportunity to speak and may be recognized one (1)
additional time. Topic is defined as the discussion period, main motion, and any
amendments.
Upon calling the meeting to order, presentations are limited to fifteen (15) minutes per
presenter.
The General Tribal Council Ten Day Notice Policy provides a clear and concise statement of
procedures to be followed by the General Tribal Council and the Oneida Business Committee
when conducting General Tribal Council meetings. [1 O.C. 110.1-3]. The General Tribal Council
Ten Day Notice Policy provides that any action to overrule previous passed motions or resolutions
of the General Tribal Council shall require a two-thirds (2/3) majority vote. [1 O.C. 110.3-1(a)(3)].
Therefore, any action by the General Tribal Council to approve the Petition’s request that the three
(3) minute time limitation on speakers provided for in resolution GTC-12-02-19-A be changed to
five (5) minutes would require a two-thirds (2/3) majority vote by the General Tribal Council.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General
Tribal Council would have the following legislative effects:
1. The Petition’s request for budgets of the Nation to be brought before the General Tribal
Council for presentation and adoption is already addressed by and complies with the
Budget and Finances law, which requires that the budget be presented to the General Tribal
Council with a request for adoption by September 30th of each year.
2. The Petition’s request that the Nation’s budget be broken up into multiple separate budgets
based on different categories within the Nation’s structure that are then presented to the
General Tribal Council for consideration of adoption in a piecemeal fashion at separate
meetings conflicts with budget adoption process found in section 121.5-4 of the Budget
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and Finances law which requires one (1) final draft budget on behalf of the Nation as a
whole to be presented to the General Tribal Council, as well as the overall sentiment
provided in section 121.5-1 of the law that the Nation develop, adopt, and manage one
annual budget.
3. In regard to the Petition’s request that the General Tribal Council consider directing that
Roberts Rules of Order be suspended for a minimum of one (1) hour for discussion with
five (5) minutes per person for discussion, there are no laws of the Nation that address the
General Tribal Council using Robert’s Rules of Order. Any action by the General Tribal
Council to approve the Petition’s request that the three (3) minute time limitation on
speakers provided for in resolution GTC-12-02-19-A be changed to five (5) minutes would
require a two-thirds (2/3) majority vote by the General Tribal Council in accordance with
the General Tribal Council Ten Day Notice Policy.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Budgets for the Oneida Nation be
Brought Before the General Tribal Council.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas - Community
Improvement Projects (CIP) and
Funding
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the budgets for the Oneida Nation of Wisconsin shall be brought before the
General Tribal Council in separate GTC meetings and scheduled as follows for the solely
purpose of presenting, reviewing, discussing, and receiving approval/denial/modification
by the General Tribal Council PRIOR to ANY changes being implemented:
Oneida Nation of Wisconsin Organizational Structure
Business Committee and Other Committees
Boards and Commissions
Law Office and All other Areas
Direct that Roberts Rules of Order will be suspended for a minimum of one (1) hour for
discussion with five (5) minutes per person for discussion;
GTC reserves the right to review, discuss, and take any other action deemed appropriate
by the General Tribal Council during the GTC Meeting regarding the above matter.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
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4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas - Community Improvement Projects
(CIP) and Funding and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Statement of Effect
Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
Summary
This petition requests the General Tribal Council to consider directing that any and all community
improvement projects be clearly and concisely presented independently and separate from the
normal budget process for review, discussion, and approval, denial, or modification by the General
Tribal Council prior to any funds being released or distributed.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 18, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
(“the Petition”) was submitted to the Government Administrative Office by Linda Dallas and then
verified by the Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the
Oneida Business Committee acknowledged receipt of the Petition and directed that the Legislative
Reference Office complete a statement of effect for the Petition with status updates to be submitted
for the April 26, 2023, regular Business Committee meeting agenda and the first Business
Committee meeting of the month thereafter or until the final documents are submitted. The
Legislative Operating Committee added the Petition to its Active Files List on April 7, 2023, for a
statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Direct any and all Community Improvement Projects (commonly referred to as “CIP
Projects”) of any kind shall be clearly and concisely presented independently and separate
from the normal budget process for review, discussion and approval/denial/modification
by the GTC PRIOR TO any funds being released or distributed; and
GTC reserves the right to review, discuss, and take any other action deemed appropriate
by the General Tribal Council during the GTC Meeting regarding the above matter.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Budget and Finances Law
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
This Petition references the term “community improvement projects (commonly referred to as ‘CIP
Projects’).” For this statement of effect, it is being interpreted that the reference to “community
improvement” projects mean capital improvement projects.
The Budget and Finances law addresses capital improvements for the Nation. Capital
improvements is defined by the Budget and Finances law as a non-recurring expenditure for
physical improvements, including costs for:
acquisition of existing buildings, land, or interests in land;
construction of new buildings or other structures, including additions and major alterations;
acquisition of fixed equipment;
landscaping;
physical infrastructure; and
similar expenditures with a cost of five thousand dollars ($5,000.00) or more and a useful
life of one (1) year or more. [1 O.C. 121.3-1(d)].
The acquisition of existing buildings and land completed by the Oneida Land Commission are not
included in the definition for capital improvements. [1 O.C. 121.3-1(d)(1)(A)].
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The Budget and Finances law differentiates between capital improvements for government serves,
which are any area or activity of the Nation that is not expected to create revenue for the Nation
and not expected to make a profit at any time, and capital improvements for enterprises, which are
any area or activity of the Nation that is engaged in for the business of profit. [1 O.C. 121.31(h)&(o)]. In regard to capital improvements for government services, the Oneida Business
Committee is delegated the responsibility develop, and the General Tribal Council the
responsibility to approve, a capital improvement plan for government services. [1 O.C. 121.69(a)]. The capital improvement plan for government services covers a period of five (5) to ten (10)
years and is required to include any risks and liabilities. [1 O.C. 121.6-9(a)(1)]. The capital
improvement plan for government services is required to be reassessed once every five (5) years.
[1 O.C. 121.6-9(a)(2)]. The Oneida Business Committee is required to provide a status report and
recommendation for any improvements that have not been completed or that have been modified
at the time of the reassessment. Id. In regard to capital improvements for enterprises, capital
improvement plans for enterprises may be brought forward as needed, provided that the Oneida
Business Committee is delegated the authority to approve all capital improvement plans for
enterprises. [1 O.C. 121.6-9(b)]. Capital improvement plans for both government services and
enterprises are implemented, contingent on available funding capacity. [1 O.C. 121.6-9(c)].
Unexpended capital improvement funds carry over to the next fiscal year’s budget, provided that
such funds are required to remain appropriated for the same purpose as originally budgeted until
the project is complete. [1 O.C. 121.6-6(a)]. Once a capital improvement project is complete, any
remaining unexpended funds shall be returned to the General Fund. Id.
The Petition’s requests for the General Tribal Council to consider directing that any and all
community improvement projects be clearly and concisely presented for review, discussion, and
approval, denial, or modification by the General Tribal Council prior to any funds being released
or distributed would have a legislative impact on the Budget and Finances law. There is no impact
in regard to capital improvement plans for government services, as the Budget and Finances law
already does require that a capital improvement plan for government services be developed by the
Oneida Business Committee and approved by the General Tribal Council. [1 O.C. 121.6-9(a)].
Capital improvement plans for enterprises, on the other hand, are not required to be presented and
approved by the General Tribal Council, and instead are only required by the Budget and Finances
law to be approved by the Oneida Business Committee. Therefore, the Petition’s directive that any
and all capital improvement projects be presented and approved by the General Tribal Council
conflicts with the Budget and Finances law’s delegation of authority to the Oneida Business
Committee to approve capital improvement plans for enterprises.
In regard to the Petition’s request for the General Tribal Council to consider directing that any and
all community improvement projects be clearly and concisely presented independently and
separate from the normal budget process would not have a legislative impact. The Budget and
Finances law requires that the budget be presented to the General Tribal Council with a request
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for adoption by resolution no later than September 30th of each year. [1 O.C. 121.5-4(e)]. The
Budget and Finances law requires that capital improvement plans for government services be
developed by the Oneida Business Committee and approved by the General Tribal Council. [1
O.C. 121.6-9(a)]. The Budget and Finances law does not provide any specifications or limitations
on whether these items can or cannot be presented on the same agenda.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Community Improvement Projects (CIP) and Funding would
have the following legislative effects:
1. The Petition’s directive that any and all community improvement projects be presented to
and approved by the General Tribal Council conflicts with the Budget and Finances law’s
delegation of authority to the Oneida Business Committee to approve capital improvement
plans for enterprises. Capital improvement plans for enterprises are not required to be
presented and approved by the General Tribal Council, and instead are only required by
the Budget and Finances law to be approved by the Oneida Business Committee. There is
no impact in regard to capital improvement plans for government services, on the other
hand, as the Budget and Finances law already does require that a capital improvement plan
for government services be developed by the Oneida Business Committee and approved
by the General Tribal Council.
2. The Petition’s request for the General Tribal Council to consider directing that any and all
community improvement projects be clearly and concisely presented independently and
separate from the normal budget process would not have a legislative impact. Although
the Budget and Finances law requires that the budget be presented to the General Tribal
Council with a request for adoption by resolution no later than September 30th of each year
and also requires that capital improvement plans for government services be developed by
the Oneida Business Committee and approved by the General Tribal Council, the Budget
and Finances law does not provide any specifications or limitations on whether these items
can or cannot be presented on the same agenda.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Community Improvement Projects (CIP)
and Funding.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Contract of Chief
Counsel JoAnne House
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To review, discuss, uphold, modify or terminate the contract of the Oneida Nation of
Wisconsin's Tribal Chief Counsel Jo Ann House;
To direct the action decided by the General Tribal Council shall be effective
immediately; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Mc ting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas - Contract of Chief Counsel JoAnne
House and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
HANDOUT
Statement of Effect
Petition: L. Dallas – Contract of Chief Counsel Jo Anne House
Summary
This petition requests the General Tribal Council to consider reviewing, discussing, upholding,
modifying, or terminating the contract of the Oneida Nation Chief Counsel Jo Anne House.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 2, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Contract of Chief Counsel Jo Anne House (“the
Petition”) was submitted to the Government Administrative Office by Linda Dallas and then
verified by the Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the
Oneida Business Committee acknowledged receipt of the Petition and directed that the Legislative
Reference Office complete a statement of effect for the Petition with status updates to be submitted
for the April 26, 2023, regular Business Committee meeting agenda and the first Business
Committee meeting of the month thereafter or until the final documents are submitted. The
Legislative Operating Committee added the Petition to its Active Files List on April 7, 2023, for a
statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To review, discuss, uphold, modify or terminate the contract of the Oneida Nation of
Wisconsin's Tribal Chief Counsel Jo Ann House;
To direct the action decided by the General Tribal Council shall be effective immediately;
and
GTC reserves the right to review, discuss, and take any other action deemed appropriate
by the General Tribal Council during the GTC Mc ting regarding the above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Consideration and Approval of Chief Counsel Employment Contract
The Attorney Contract Policy regulates the utilization of attorneys within the Oneida Nation
organization and attorneys and firms hired on retainer outside the Oneida Nation organization to
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maximize the professional services and reduce conflict among professionals. [2 O.C. 216.1-1].
The Attorney Contract Policy provides that all attorney contracts are required to be approved by
the Oneida Business Committee, and all attorney contracts shall be signed by the Oneida Business
Committee chairperson and one officer of the Oneida Business Committee on behalf of the Oneida
Nation. [2 O.C. 216.4-1, 216-4-2].
The Petition’s request for the General Tribal Council to review, discuss, uphold, modify, or
terminate the contract of Chief Counsel Jo Anne House conflicts with the Attorney Contract
Policy’s delegation of authority to the Oneida Business Committee to approve attorney contracts
on behalf of the Nation.
Supervision of Chief Council Position
Resolution BC-02-08-23-C, Setting Supervision and Management of Direct Reports to the Oneida
Business Committee and Professional Support Staff, identifies the Chief Counsel position as a
direct report to the Oneida Business Committee. The Oneida Business Committee identifies direct
reports due to the direct contact and supervision by the Oneida Business Committee the positions
require because of the position, the duties, or the services provided by the positions. Resolution
BC-02-08-23-C provides that the Oneida Business Committee delegates the authority and
responsibility of administrative supervision of direct reports – which includes the Chief Counsel
position - to the officers who are identified as the Oneida Business Committee chairperson, vicechairperson, treasurer, secretary, and Legislative Operating Committee chairperson.
Administrative supervision is defined as matters involving the individual personnel requests such
as use of personal or vacation time, and performance tracking. Resolution BC-02-08-23-C further
provides that the Oneida Business Committee delegates the authority and responsibility of
providing direction to direct reports regarding organizational activities to the same officers.
Direction regarding organizational activities is defined as providing advice and opinion regarding
the policy decisions made by the Oneida Business Committee, and excludes the authority to direct
specific action.
The General Tribal Council adopted the Oneida Personnel Policies and Procedures to provide the
Nation’s employee related policies and procedures including policies regarding recruitment,
selection, compensation and benefits, employee relations, safety and health, program and
enterprise rules and regulations, and record keeping. The Oneida Personnel Policies and
Procedures addresses the roles and responsibilities of the Nation’s Human Resources Department,
supervisors, employees, Oneida Personnel Commission, and the Oneida Nation Judiciary in regard
to the management of employees of the Nation, such as the hiring and selection process,
evaluations, and the disciplinary process. In no instance in the Oneida Personnel Policies and
Procedures is the General Tribal Council involved in employment matters in any way.
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Therefore, the Petition’s request for the General Tribal Council to review, discuss, uphold, modify,
or terminate the contract of Chief Counsel Jo Anne House conflicts with the delegation of authority
to the Oneida Business Committee to serve as supervisor of the Chief Counsel position as provided
for in Resolution BC-02-08-23-C and the Oneida Personnel Policies and Procedures.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Contract of Chief Counsel JoAnne House would have the
following legislative effects:
1. The Petition’s request for the General Tribal Council to review, discuss, uphold, modify,
or terminate the contract of Chief Counsel Jo Anne House conflicts with the Attorney
Contract Policy’s delegation of authority to the Oneida Business Committee to approve
attorney contracts on behalf of the Nation.
2. The Petition’s request for the General Tribal Council to review, discuss, uphold, modify,
or terminate the contract of Chief Counsel Jo Anne House conflicts with the delegation of
authority of the Oneida Business Committee to serve as supervisor of the Chief Counsel
position as provided for in Resolution BC-02-08-23-C, Setting Supervision and
Management of Direct Reports to the Oneida Business Committee and Professional
Support Staff, and the Oneida Personnel Policies and Procedures.
a. Resolution BC-02-08-23-C identifies the Chief Counsel position as a direct report
to the Oneida Business Committee, and delegates the authority and responsibility
for the administrative supervision of the Chief Counsel position to the officers,
who are identified as the Oneida Business Committee chairperson, vicechairperson, treasurer, secretary, and Legislative Operating Committee
chairperson.
b. The General Tribal Council adopted the Oneida Personnel Policies and Procedures
to provide the Nation’s employee related policies and procedures including policies
regarding recruitment, selection, compensation and benefits, employee relations,
safety and health, program and enterprise rules and regulations, and record keeping.
The Oneida Personnel Policies and Procedures addresses the roles and
responsibilities of the Nation’s Human Resources Department, supervisors,
employees, Oneida Personnel Commission, and the Oneida Nation Judiciary in
regard to the management of employees of the Nation, such as the hiring and
selection process, evaluations, and the disciplinary process. In no instance in the
Oneida Personnel Policies and Procedures is the General Tribal Council involved
in employment matters in any way.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Contract of Chief Counsel JoAnne
House.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Direct a Certified
Parliamentarian be Appointed by
General Tribal Council Prior to Each
General Tribal Council Meeting
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct that a Certified Parliamentarian shall be appointed by the General Tribal
Council prior to each GTC Meeting by a hand vote and shall be delegated the
responsibility to provided honest, fair, factual, and consistent rulings regarding the
rules of the meeting (i.e. Robert Rules of Order, etc.) in each of the General Tribal
Council Meetings;
To direct that the appointed Certified Parliamentarian shall be an enrolled Oneida
Tribal Member and shall act independently of the Oneida Business Committee and
shall render parliamentarian advice to the General Tribal Council in accordance with
the established rules of the meeting (i.e. Robert Rules of Order, etc.);
To direct that the Parliamentarian ruling will consider legal opinions but not be bound
to legal opinions unless specifically directed to do so by the General Tribal Council;
To direct that the Certified Parliamentarian shall be paid $200.00 per General Tribal
Council Meeting for their services;
To direct the Oneida Business Committee to create a process for signing up to be
considered for appointment by the GTC at each General Tribal Council meeting; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
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4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Direct a Certified Parliamentarian
be Appointed by General Tribal Council Prior to Each General Tribal Council Meeting and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal Council
Prior to Each General Tribal Council Meeting
Summary
This petition requests the General Tribal Council to consider directing that a certified
parliamentarian, that is an enrolled member of the Nation, be appointed by the General Tribal
Council prior to each General Tribal Council meeting.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 26, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by
General Tribal Council Prior to Each General Tribal Council Meeting (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct that a Certified Parliamentarian shall be appointed by the General Tribal
Council prior to each GTC Meeting by a hand vote and shall be delegated the
responsibility to provided honest, fair, factual, and consistent rulings regarding the
rules of the meeting (i.e. Robert Rules of Order, etc.) in each of the General Tribal
Council Meetings;
To direct that the appointed Certified Parliamentarian shall be an enrolled Oneida
Tribal Member and shall act independently of the Oneida Business Committee and
shall render parliamentarian advice to the General Tribal Council in accordance
with the established rules of the meeting (i.e. Robert Rules of Order, etc.);
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To direct that the Parliamentarian ruling will consider legal opinions but not be
bound to legal opinions unless specifically directed to do so by the General Tribal
Council;
To direct that the Certified Parliamentarian shall be paid $200.00 per General
Tribal Council Meeting for their services;
To direct the Oneida Business Committee to create a process for signing up to be
considered for appointment by the GTC at each General Tribal Council meeting;
and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Use of Parliamentarian During General Tribal Council Meetings
The Petition requests the General Tribal Council to consider directing that a certified
parliamentarian be appointed by the General Tribal Council prior to each General Tribal Council
meeting for the purpose of rendering parliamentarian advice to the General Tribal Council in
accordance with the established rules of the meeting, while remaining independent from the
Oneida Business Committee and from conclusions rendered as a result of legal opinions of the
Nation. The Petition then specifies that the certified parliamentarian must be an enrolled member
of the Nation and be paid two hundred dollars ($200) per meeting for parliamentary services.
The Merriam Webster Dictionary defines a parliamentarian as an expert in the rules of usages of
a deliberate assembly. There are no laws of the Nation that directly address the use of a
parliamentarian during a General Tribal Council meeting. Although there are no laws that directly
address the use of a parliamentarian, there are laws that address who is responsible for the
interpretation of procedures of the Nation, as well as who is responsible to advise the General
Tribal Council during meetings.
The Attorney Contract Policy establishes the Oneida Law Office, which consists of a Chief
Counsel, Deputy Chief Counsel, attorneys, and office staff. [2 O.C. 216.7-1]. The Oneida Law
Office is designated as the legal office of the Nation, and legal opinions regarding the interpretation
of laws, policies, regulations, codes, procedures, and the like promulgated, adopted, approved or
otherwise by the Nation are not binding unless approved by the Oneida Law Office. [2 O.C. 216.72]. If it is determined that parliamentary rulings during General Tribal Council are binding
interpretations of procedures of the Nation, then the request of this Petition may conflict with the
authority delegated to the Oneida Law Office by the Attorney Contract Policy.
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The Legal Resource Center law provides that it is the duty and responsibility of the Legal Resource
Center attorney to advise the General Tribal Council during General Tribal Council meetings. [8
O.C. 811.5-3(m)]. The Legal Resource Center law lacks clarity as to what the delegation of
responsibility to Legal Resource Center attorney to advise the General Tribal Council during
meetings actually means, and it is unknown if the Legal Resource Center attorney has ever taken
action to advise the General Tribal Council during meetings since the adoption of the Legal
Resource Center law in 2017. If it is interpreted that the Legal Resource Center attorney has been
delegated the responsibility to advise the General Tribal Council on parliamentary procedures,
then the request of the Petition may conflict with the authority delegated to the Legal Resource
Center attorney by the Legal Resource Center law.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General
Tribal Council Prior to Each General Tribal Council Meeting would have the following legislative
effect:
1. There are no laws of the Nation that directly address the use of a parliamentarian during a
General Tribal Council meeting.
2. Although there are no laws that directly address the use of a parliamentarian by the General
Tribal Council, there are laws of the Nation that address who is responsible for the
interpretation of procedures of the Nation, as well as who is responsible to advise the
General Tribal Council during meetings.
a. The Attorney Contract Policy designates the Oneida Law Office as the legal office
of the Nation and provides that legal opinions regarding the interpretation of laws,
policies, regulations, codes, procedures, and the like promulgated, adopted,
approved or otherwise by the Nation are not binding unless approved by the Oneida
Law Office. If it is determined that parliamentary rulings during General Tribal
Council are binding interpretations of procedures of the Nation, then the request of
this Petition may conflict with the authority delegated to the Oneida Law Office by
the Attorney Contract Policy.
b. The Legal Resource Center law provides that it is the duty and responsibility of the
Legal Resource Center attorney to advise the General Tribal Council during
General Tribal Council meetings. The Legal Resource Center law lacks clarity as
to what the delegation of responsibility to Legal Resource Center attorney to advise
the General Tribal Council during meetings actually means, and it is unknown if
the Legal Resource Center attorney has ever taken action to advise the General
Tribal Council during meetings since the adoption of the Legal Resource Center
law in 2017. If it is interpreted that the Legal Resource Center attorney has been
delegated the responsibility to advise the General Tribal Council on parliamentary
procedures, then the request of the Petition may conflict with the authority
delegated to the Legal Resource Center attorney by the Legal Resource Center law.
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Requested Action
Accept the statement of effect for the Petition: L. Dallas – Direct a Certified Parliamentarian be
Appointed by General Tribal Council Prior to Each General Tribal Council Meeting.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Disclosure of
Oneida Nation Travel Expenditures
from January 1, 2020 – Present
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct a full and detailed itemized report regarding any and all travel and the costs
incurred by the Oneida Nation of Wisconsin (to include but not limited to names, titles,
purpose for travel, cost for airfare, hotel, vehicles, food, per diem, etc.) associated with
and relevant to the travel from January 1, 2020 through the time of this meeting;
To consider action to direct full reimbursement of all costs back to the Oneida Nation
of Wisconsin within thirty (30) business days and/or in a way determined by the
General Tribal Council and in accordance to previous precedence; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
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Next Steps:
Accept the statement of effect for Petition: L. Dallas - Disclosure of Oneida Nation Travel
Expenditures from January 1, 2020 – Present and forward to the Oneida Business
Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from
January 1, 2020 – Present
Summary
This petition requests the General Tribal Council to consider directing the development of an
itemized report regarding any and all travel costs incurred by the Nation from January 1, 2020,
through the time of the General Tribal Council meeting where this petition is considered; and also
consider directing full reimbursement of all travel costs back to the Nation within thirty (30)
business days and/or in a way determined by the General Tribal Council.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 24, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from
January 1, 2020 – Present (“the Petition”) was submitted to the Government Administrative Office
by Linda Dallas and then verified by the Oneida Trust Enrollment Department on March 7, 2023.
On March 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition and
directed that the Legislative Reference Office complete a statement of effect for the Petition with
status updates to be submitted for the April 26, 2023, regular Business Committee meeting agenda
and the first Business Committee meeting of the month thereafter or until the final documents are
submitted. The Legislative Operating Committee added the Petition to its Active Files List on
April 7, 2023, for a statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct a full and detailed itemized report regarding any and all travel and the
costs incurred by the Oneida Nation of Wisconsin (to include but not limited to
names, titles, purpose for travel, cost for airfare, hotel, vehicles, food, per diem,
etc.) associated with and relevant to the travel from January 1, 2020 through the
time of this meeting;
To consider action to direct full reimbursement of all costs back to the Oneida
Nation of Wisconsin within thirty (30) business days and/or in a way determined by
the General Tribal Council and in accordance to previous precedence; and
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GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Travel and Expense Policy
The Travel and Expense Policy establishes policies governing the reimbursement of travel and
expenses incurred during the conduct of company business. [2 O.C. 219.1-1]. It is the policy of
the Nation to reimburse employees for ordinary, necessary, and reasonable travel expenses that are
directly connected with, or pertaining to, the transaction of company business. Id. Employees are
expected to exercise prudent business judgement regarding cost effective expenses covered by this
law. Id.
The Travel and Expense Policy requires that any non-local travel be authorized by the Oneida
Business Committee or by the approved sign off authority prior to incurring any travel expense.
[2 O.C. 219.4-1]. Non-local travel is any travel that requires an overnight stay. [2 O.C. 219.31(a)]. All non-local travel for the General Manager, Gaming General Manager, and Oneida
Business Committee is required to be approved by the Oneida Business Committee. Id. If
immediate travel is needed before approval can be sought, the travel must be put on the next Oneida
Business Committee agenda for retroactive approval. Id. In either case, if approval is not acquired,
all expenses will be the responsibility of the traveler. Id. The Travel and Expense Policy then sets
for how travel advances for non-local travel may be used. Travel advances may only be obtained
for non-local travel and are based upon the rates allowed for federal employees as set out in federal
law. 1 [2 O.C. 219.5-1]. All travel advances are required to be submitted via the accounting
computer generated and numbered Travel Authorization form, which requires the signature of the
Nation’s Treasurer, Chief Financial Officer, or by the approved sign-off authority. [2 O.C. 219.51(a)]. All requests for travel advances are to be made through the travel coordinator or department
designee who will work with the appropriate accounting department staff to finalize all
arrangements, which includes airfare, hotel, per diem, taxi, business expense, registration fees, and
car rentals. [2 O.C. 219.5-1(c)].
The Travel and Expense Policy then provides various details on how non-local travel is handled
by the Nation, such as:
how many individuals may be approved for non-local travel [2 O.C. 219.4-3, 219.16-1];
when per diem is allowed for non-local travel, which is only if the travel exceeds twelve
(12) hours [2 O.C. 219.5-2];
Rates for travel expenses are provided for in 41 C.F.R. Part 301 and as amended from time to time in the Federal
Register.
1
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information regarding airfare, such as how airfare tickets are booked, and who is
responsible for various charges [2 O.C. 219.6];
information regarding lodging, such as at what rate a hotel room must be booked at and
when additional approval for a hotel rate is needed, where a hotel can be selected, and what
expenses are reimbursed for hotel expenses [2 O.C. 219.7]; and
information regarding car rentals, such as when a vehicle may be rented, what type of
vehicle may be rented, and what charges are the responsibility of the individual[2 O.C.
219.8].
The Travel and Expense Policy then sets forth processes and procedures to be followed to ensure
that all travel expenses and reimbursements are properly accounted for. Upon return from travel,
all receipts are required to be submitted to the travel coordinator or department designee who then
itemizes the actual and necessary expenses incurred on an expense voucher. [2 O.C. 219.9-1].
Reimbursements for both travel advances and business expenses are required to have expense
vouchers with receipts attached, which are then required to be submitted to the Accounting
Department for reconciliation, within ten (10) days from the date of receipt. [2 O.C. 219.9-5]. The
Accounting Department must receive all travel and business expenses within then (10) days from
the date the travel has ended. [2 O.C. 219.9-5]. Any past due advances not submitted to the
Accounting Department within ten (10) days result in automatic payroll deductions. [2 O.C. 219.96]. Additionally, all non-local travel and business expenses must have a written report or an
explanation detailing the purpose of the expenses for the purpose of substantiating the benefits
accruing to the Nation. [2 O.C. 219.9-7, 219.14-3]. All Oneida Business Committee travel reports
are submitted to the Oneida Business Committee for approval at their regularly scheduled weekly
meetings. Id.
The Travel and Expense Policy also provides guidelines for local mileage use, use of corporate
credit cards, expectation for conduct while on travel, and department or special group travel. [2
O.C. 219.10, 219.11, 219.13, 219.14, 219.15, 219.16].
The Petition requests the General Tribal Council to consider directing the development of an
itemized report regarding any and all travel its costs incurred by the Nation from January 1, 2020,
through the time of the meeting where this Petition is considered; and also consider directing full
reimbursement of all travel costs back to the Nation within thirty (30) business days and/or in a
way determined by the General Tribal Council.
In regard to the Petition’s request for a report to be presented to the General Tribal Council
regarding all travel costs incurred by the Nation from January 1, 2020, through present day, the
Travel and Expense Policy does address reporting. When an individual returns from travel, they
are required to submit a written report to their immediate supervisor. [2 O.C. 219.14-3]. The
traveler may also be asked to provide proof of attendance to all meetings or proceedings that the
traveler was authorized to attend. [2 O.C. 219.14-2]. All non-local travel expenses and business
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expenses are required to have a written report or an explanation detailing the purpose of the
expenses for the purpose of substantiating the benefits accruing to the Nation submitted. [2 O.C.
219.9-7]. All Oneida Business Committee travel reports are submitted to the Oneida Business
Committee for approval at their regularly scheduled weekly meetings. Id. Verbal reports can be
given to the Oneida Business Committee at their weekly meetings, but due to the fact that the
auditing process requires a written travel report for each trip, a written report must be submitted to
the travel coordinator within five (5) days of the oral report. Id. There are no circumstances within
the Travel and Expense Policy where travel reports are required to be presented to the General
Tribal Council.
In regard to the Petition’s request that the General Tribal Council consider directing reimbursement
back to the Nation of all travel costs incurred from January 1, 2020, through the present, the Travel
and Expense Policy does address the reimbursement of travel expenses to the Nation, or situations
in which travel expenses are the responsibility of the individual, in limited circumstances. The
Travel and Expense Policy provides the following in regard to when the reimbursement of travel
expenses is to be made to the Nation, or when travel expenses are the responsibility of the
individual:
If an individual does not acquire approval of their travel, then all expenses are the
responsibility of the traveler [2 O.C. 219.4-1];
Fees charged for missed flights due to late arrival by the traveler may be the responsibility
of the traveler, not the Nation [2 O.C. 219.6-4];
Denial of boarding is the responsibility of the traveler and not the Nation, and any cost
incurred is the traveler’s responsibility [2 O.C. 219.6-10];
It is the responsibility of the traveler to cancel hotel reservations while out on travel to
reduce the cost of no-shows, and therefore any no-show charges may be the responsibility
of the traveler [2 O.C. 219.7-4];
Any upgrades to a car rental will be the traveler’s responsibility and must be reimbursed to
the Nation [2 O.C. 219.8-7];
Fuel charges assessed by the car rental company will be the traveler’s responsibility [2
O.C. 219.8-9];
Insurance coverage or charges beyond one driver for car rentals will be the traveler’s
responsibility [2 O.C. 219.8-10];
If an expense voucher is not properly supported with a lodging receipt from the
establishment providing the traveler’s accommodations which clearly establishes the
nightly rate for single occupancy for the room occupied and the numbers of nights the
traveler utilized the accommodations, then the expense voucher will be returned to the
traveler, and reimbursement will not be allowed [2 O.C. 219.9-2];
In order for a meal to be considered a business expense the maximum group sizes must
number fifteen (15) or less, unless prior approval from the Oneida Business Committee is
obtained for groups larger than fifteen (15), and if prior approval is not received, then
payment or reimbursement may be denied [2 O.C. 219.9-4(d)];
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If for any reasons the purchase requisition, appropriation request, or business expense
reimbursement form is rejected, it is the responsibility of those attending to make payment,
and if payment cannot be made, arrangements will be made to withhold the amounts from
the paycheck of the traveler [2 O.C. 219.9-4(i)];
All travel and business expenses must be received in the Accounting Department within
ten (10) days from the date the travel has ended, and any past due advances will result in
automatic payroll deductions [2 O.C. 219.9-6];
If for any reason, the travel report is unacceptable, the traveler will be responsible to
reimburse the Nation for any cash advance relating to the unacceptable travel report [2
O.C. 219.9-7];
Any mileage reimbursement request submitted to the Accounting Department after fiscal
year end, as established by the Chief Financial Officer, will not be reimbursed [2 O.C.
219.10-1];
Unapproved charges incurred on a corporate credit card will be reimbursed through payroll
deduction through the maximum deduction allowed [2 O.C. 219.11-6(a)(4)];
For any misuse if a corporate credit card, any expenses incurred in violation of this law are
to be reimbursed to the Nation through payroll deduction at the maximum amount allowed
[2 O.C. 219.11-6(b)(3)(C)];
Receipts for use of corporate credit card not turned in with the travel voucher may be the
responsibility of the traveler [2 O.C. 219.11-9];
For any receipts that show up on the corporate credit card bill that are not on the expense
voucher, the total charge must be reimbursed to the Nation [2 O.C. 219.11-10]; and
If meals are charged on the corporate credit card, and the traveler received per diem, the
full amount of the charge will be reimbursed by the traveler [2 O.C. 219.11-11].
The Travel and Expense Policy is clear as to what expenses and fees will be covered by the Nation
and what is the responsibility of the traveler. Additionally, reimbursement back to the Nation is
typically only required by the Travel and Expense Policy when a traveler fails to comply with the
process and procedures contained in the Travel and Expense Policy in some manner. The Travel
and Expense Policy does not provide for reimbursements to be made back to the Nation for lawful
travel that follows the process and procedures contained in the Travel and Expense Policy. The
Petition does not allege that any travel between January 1, 2020, and the present was unlawful or
in violation of the process and procedures contained in the Travel and Expense Policy.
Therefore, the Petition’s request to direct reimbursement back to the Nation of all travel expenses
made from January 1, 2020, to the present may conflict with the overall intent and purpose of the
Travel and Expense Policy. Through the Travel and Expense Policy the Nation sets forth it’s policy
to reimburse employees for ordinary, necessary, and reasonable travel expenses that are directly
connected with, or pertaining to, the transaction of business of the Nation. [2 O.C. 219.1-1]. There
is no instance within the Travel and Expense Policy that lawful travel that was made in accordance
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with the policies and procedures contained in the Travel and Expense Policy is required to be
reimbursed back to the Nation.
Oneida Personnel Policies and Procedures
The General Tribal Council adopted the Oneida Personnel Policies and Procedures to provide the
Nation’s employee related policies and procedures including recruitment, selection, compensation
and benefits, employee relations, safety and health, program and enterprise rules and regulations,
and record keeping. Travel is referenced a couple times throughout the Oneida Personnel Policies
and Procedures.
Section IV.A.5.p of the Oneida Personnel Policies and Procedures makes reference to travel time
compensation, but not does include any information within the law itself, and instead simply
provides reference to the Tribal Wide Travel Time Work Standards and Procedures standard
operating procedure, approved on March 20, 2013, which addresses when employee travel is and
is not compensated.
Section IV.D.1.b of the Oneida Personnel Policies and Procedures provides that employees who
receive stipends or honoraria in excess of fifty dollars ($50) for attending meetings outside their
employment during working hours will forfeit the amount in excess of fifty dollars ($50) from
their regular paycheck, but that stipends for travel or per diem will not be deducted if accompanied
by receipts for such expenses. Again, this provision demonstrates that there is not an expectation
that a traveler reimburses the per diem they received for travel as long as the expenses are
documented in accordance with the Travel and Expense Policy.
Section VIII.B of the Oneida Personnel Policies and Procedures identifies that the Accounting
Department shall retain travel documents, in the form of completed travel authorization forms, for
a period of seven (7) years.
Overall, although the Oneida Personnel Policies and Procedures references travel in limited
circumstances, it does not directly address the Petition’s request for the General Tribal Council to
consider directing the development of an itemized report regarding any and all travel costs incurred
by the Nation from January 1, 2020, through the time of the General Tribal Council meeting where
this petition is considered; and also consider directing full reimbursement of all travel costs back
to the Nation within thirty (30) business days and/or in a way determined by the General Tribal
Council. Section IV.D.1.b of the Oneida Personnel Policies and Procedures does demonstrate that
there is not an expectation that a traveler reimburses the per diem they received for travel as long
as the receipts for the expenses are documented, as provided for in accordance with the Travel and
Expense Policy.
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Budget and Finances Law
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
Due to the fact that all expenditures of the Nation are required to be made be in accordance with
the annual budget, any travel expenses made between January 1, 2020, and the present would have
been required to be made in accordance with the Nation’s adopted budget for the fiscal year in
which the travel expenses were incurred.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from
January 1, 2020 – Present would have the following legislative effects:
1. The Petition’s request for the General Tribal Council to direct a report to be presented to
the General Tribal Council regarding all travel costs incurred by the Nation from January
1, 2020, through present day, may impact the Travel and Expense Policy. Although the
Travel and Expenses Policy addresses reporting requirements for travel by requiring a
traveler to submit a report to their immediate supervisor, and even requiring travel reports
to be made to the Oneida Business Committee in certain circumstances, there are no
circumstances within the Travel and Expense Policy where travel reports are required to
be presented to the General Tribal Council.
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2. The Petition’s request that the General Tribal Council consider directing reimbursement
back to the Nation of all travel costs incurred from January 1, 2020, through the present,
may conflict with the Travel and Expense Policy. The Travel and Expense Policy is clear
as to what expenses and fees will be covered by the Nation and what is the responsibility
of the traveler. Reimbursement back to the Nation is typically only required by the Travel
and Expense Policy when a traveler fails to comply with the process and procedures
contained in the Travel and Expense Policy in some manner. The Travel and Expense
Policy does not provide for reimbursements to be made back to the Nation for lawful travel
that follows the process and procedures contained in the Travel and Expense Policy. The
Petition does not allege that any travel between January 1, 2020, and the present was
unlawful or in violation of the process and procedures contained in the Travel and Expense
Policy. Therefore, the Petition’s request to direct reimbursement back to the Nation of all
travel expenses made from January 1, 2020, to the present may conflict with the overall
intent and purpose of the Travel and Expense Policy. Through the Travel and Expense
Policy the Nation sets forth it’s policy to reimburse employees for ordinary, necessary, and
reasonable travel expenses that are directly connected with, or pertaining to, the transaction
of business of the Nation. There is no instance within the Travel and Expense Policy that
lawful travel that was made in accordance with the policies and procedures contained in
the Travel and Expense Policy is required to be reimbursed back to the Nation.
3. Overall, although the Oneida Personnel Policies and Procedures references travel in limited
circumstances, it does not directly address the Petition’s request for the General Tribal
Council to consider directing the development of an itemized report regarding any and all
travel costs incurred by the Nation from January 1, 2020, through the time of the General
Tribal Council meeting where this petition is considered; and also consider directing full
reimbursement of all travel costs back to the Nation within thirty (30) business days and/or
in a way determined by the General Tribal Council. Section IV.D.1.b of the Oneida
Personnel Policies and Procedures does demonstrate that there is not an expectation that a
traveler reimburses the per diem they received for travel as long as the receipts for the
expenses are documented, as provided for in accordance with the Travel and Expense
Policy.
4. Section 121.5-1 of the Budget and Finances law requires that all expenditures of the Nation
be made be in accordance with the annual budget, therefore any travel expenses made
between January 1, 2020, and the present would have been required to be made in
accordance with the Nation’s adopted budget for the fiscal year in which the travel
expenses were incurred.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of Oneida Nation Travel
Expenditures from January 1, 2020 – Present.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Disclosure of
Oneida Nation Travel Expenditures to
England for the October 9, 2022,
Green Bay Packer Game
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct a full disclosure and detailed itemized report (to include but not limited to
names, titles, purpose for travel, cost for airfare, hotel, vehicles, food, per diem, etc.)
regarding any and all travel and the costs incurred by the Oneida Nation of Wisconsin
associated with and relevant to the travel to England for the Green Bay Packer Game
held on Sunday, October 9, 2022, and any other matters associated with this travel;
To consider action to direct full reimbursement of all costs back to the Oneida Nation
of Wisconsin within thirty (30) business days and/or in a way determined by the
General Tribal Council and in accordance to previous precedence; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
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4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas - Disclosure of Oneida Nation Travel
Expenditures to England for the October 9, 2022, Green Bay Packer Game and forward to
the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the
October 9, 2022, Green Bay Packer Game
Summary
This petition requests the General Tribal Council to consider directing the development of an
itemized report regarding any and all travel costs incurred by the Nation for the October 9, 2022,
Green Bay Packer football game in England; and also consider directing full reimbursement of all
travel costs back to the Nation within thirty (30) business days and/or in a way determined by the
General Tribal Council.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 24, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to
England for the October 9, 2022, Green Bay Packer Game (“the Petition”) was submitted to the
Government Administrative Office by Linda Dallas and then verified by the Oneida Trust
Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee
acknowledged receipt of the Petition and directed that the Legislative Reference Office complete
a statement of effect for the Petition with status updates to be submitted for the April 26, 2023,
regular Business Committee meeting agenda and the first Business Committee meeting of the
month thereafter or until the final documents are submitted. The Legislative Operating Committee
added the Petition to its Active Files List on April 7, 2023, for a statement of effect to be developed
by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct a full disclosure and detailed itemized report (to include but not limited
to names, titles, purpose for travel, cost for airfare, hotel, vehicles, food, per diem,
etc.) regarding any and all travel and the costs incurred by the Oneida Nation of
Wisconsin associated with and relevant to the travel to England for the Green Bay
Packer Game held on Sunday, October 9, 2022, and any other matters associated
with this travel;
To consider action to direct full reimbursement of all costs back to the Oneida
Nation of Wisconsin within thirty (30) business days and/or in a way determined by
the General Tribal Council and in accordance to previous precedence; and
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GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Travel and Expense Policy
The Travel and Expense Policy establishes policies governing the reimbursement of travel and
expenses incurred during the conduct of company business. [2 O.C. 219.1-1]. It is the policy of
the Nation to reimburse employees for ordinary, necessary, and reasonable travel expenses that are
directly connected with, or pertaining to, the transaction of company business. Id. Employees are
expected to exercise prudent business judgement regarding cost effective expenses covered by this
law. Id.
The Travel and Expense Policy requires that any non-local travel be authorized by the Oneida
Business Committee or by the approved sign off authority prior to incurring any travel expense.
[2 O.C. 219.4-1]. Non-local travel is any travel that requires an overnight stay. [2 O.C. 219.31(a)]. All non-local travel for the General Manager, Gaming General Manager, and Oneida
Business Committee is required to be approved by the Oneida Business Committee. Id. If
immediate travel is needed before approval can be sought, the travel must be put on the next Oneida
Business Committee agenda for retroactive approval. Id. In either case, if approval is not acquired,
all expenses will be the responsibility of the traveler. Id. The Travel and Expense Policy then sets
for how travel advances for non-local travel may be used. Travel advances may only be obtained
for non-local travel and are based upon the rates allowed for federal employees as set out in federal
law. 1 [2 O.C. 219.5-1]. All travel advances are required to be submitted via the accounting
computer generated and numbered Travel Authorization form, which requires the signature of the
Nation’s Treasurer, Chief Financial Officer, or by the approved sign-off authority. [2 O.C. 219.51(a)]. All requests for travel advances are to be made through the travel coordinator or department
designee who will work with the appropriate accounting department staff to finalize all
arrangements, which includes airfare, hotel, per diem, taxi, business expense, registration fees, and
car rentals. [2 O.C. 219.5-1(c)].
The Travel and Expense Policy then provides various details on how non-local travel is handled
by the Nation, such as:
how many individuals may be approved for non-local travel [2 O.C. 219.4-3, 219.16-1];
when per diem is allowed for non-local travel, which is only if the travel exceeds twelve
(12) hours [2 O.C. 219.5-2];
Rates for travel expenses are provided for in 41 C.F.R. Part 301 and as amended from time to time in the Federal
Register.
1
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information regarding airfare, such as how airfare tickets are booked, and who is
responsible for various charges [2 O.C. 219.6];
information regarding lodging, such as at what rate a hotel room must be booked at and
when additional approval for a hotel rate is needed, where a hotel can be selected, and what
expenses are reimbursed for hotel expenses [2 O.C. 219.7]; and
information regarding car rentals, such as when a vehicle may be rented, what type of
vehicle may be rented, and what charges are the responsibility of the individual[2 O.C.
219.8].
The Travel and Expense Policy then sets forth processes and procedures to be followed to ensure
that all travel expenses and reimbursements are properly accounted for. Upon return from travel,
all receipts are required to be submitted to the travel coordinator or department designee who then
itemizes the actual and necessary expenses incurred on an expense voucher. [2 O.C. 219.9-1].
Reimbursements for both travel advances and business expenses are required to have expense
vouchers with receipts attached, which are then required to be submitted to the Accounting
Department for reconciliation, within ten (10) days from the date of receipt. [2 O.C. 219.9-5]. The
Accounting Department must receive all travel and business expenses within then (10) days from
the date the travel has ended. [2 O.C. 219.9-5]. Any past due advances not submitted to the
Accounting Department within ten (10) days result in automatic payroll deductions. [2 O.C. 219.96]. Additionally, all non-local travel and business expenses must have a written report or an
explanation detailing the purpose of the expenses for the purpose of substantiating the benefits
accruing to the Nation. [2 O.C. 219.9-7, 219.14-3]. All Oneida Business Committee travel reports
are submitted to the Oneida Business Committee for approval at their regularly scheduled weekly
meetings. Id.
The Travel and Expense Policy also provides guidelines for local mileage use, use of corporate
credit cards, expectation for conduct while on travel, and department or special group travel. [2
O.C. 219.10, 219.11, 219.13, 219.14, 219.15, 219.16].
The Petition requests the General Tribal Council to consider directing the development of an
itemized report regarding any and all travel its costs incurred by the Nation October 9, 2022, Green
Bay Packer football game in England; and also consider directing full reimbursement of all travel
costs back to the Nation within thirty (30) business days and/or in a way determined by the General
Tribal Council.
In regard to the Petition’s request for a report to be presented to the General Tribal Council
regarding all travel costs incurred by the Nation October 9, 2022, Green Bay Packer football game
in England, the Travel and Expense Policy does address reporting. When an individual returns
from travel, they are required to submit a written report to their immediate supervisor. [2 O.C.
219.14-3]. The traveler may also be asked to provide proof of attendance to all meetings or
proceedings that the traveler was authorized to attend. [2 O.C. 219.14-2]. All non-local travel
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expenses and business expenses are required to have a written report or an explanation detailing
the purpose of the expenses for the purpose of substantiating the benefits accruing to the Nation
submitted. [2 O.C. 219.9-7]. All Oneida Business Committee travel reports are submitted to the
Oneida Business Committee for approval at their regularly scheduled weekly meetings. Id. Verbal
reports can be given to the Oneida Business Committee at their weekly meetings, but due to the
fact that the auditing process requires a written travel report for each trip, a written report must be
submitted to the travel coordinator within five (5) days of the oral report. Id. There are no
circumstances within the Travel and Expense Policy where travel reports are required to be
presented to the General Tribal Council.
In regard to the Petition’s request that the General Tribal Council consider directing reimbursement
back to the Nation of all travel costs incurred from the October 9, 2022, Green Bay Packer football
game in England, the Travel and Expense Policy does address the reimbursement of travel
expenses to the Nation, or situations in which travel expenses are the responsibility of the
individual, in limited circumstances. The Travel and Expense Policy provides the following in
regard to when the reimbursement of travel expenses is to be made to the Nation, or when travel
expenses are the responsibility of the individual:
If an individual does not acquire approval of their travel, then all expenses are the
responsibility of the traveler [2 O.C. 219.4-1];
Fees charged for missed flights due to late arrival by the traveler may be the responsibility
of the traveler, not the Nation [2 O.C. 219.6-4];
Denial of boarding is the responsibility of the traveler and not the Nation, and any cost
incurred is the traveler’s responsibility [2 O.C. 219.6-10];
It is the responsibility of the traveler to cancel hotel reservations while out on travel to
reduce the cost of no-shows, and therefore any no-show charges may be the responsibility
of the traveler [2 O.C. 219.7-4];
Any upgrades to a car rental will be the traveler’s responsibility and must be reimbursed to
the Nation [2 O.C. 219.8-7];
Fuel charges assessed by the car rental company will be the traveler’s responsibility [2
O.C. 219.8-9];
Insurance coverage or charges beyond one driver for car rentals will be the traveler’s
responsibility [2 O.C. 219.8-10];
If an expense voucher is not properly supported with a lodging receipt from the
establishment providing the traveler’s accommodations which clearly establishes the
nightly rate for single occupancy for the room occupied and the numbers of nights the
traveler utilized the accommodations, then the expense voucher will be returned to the
traveler, and reimbursement will not be allowed [2 O.C. 219.9-2];
In order for a meal to be considered a business expense the maximum group sizes must
number fifteen (15) or less, unless prior approval from the Oneida Business Committee is
obtained for groups larger than fifteen (15), and if prior approval is not received, then
payment or reimbursement may be denied [2 O.C. 219.9-4(d)];
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If for any reasons the purchase requisition, appropriation request, or business expense
reimbursement form is rejected, it is the responsibility of those attending to make payment,
and if payment cannot be made, arrangements will be made to withhold the amounts from
the paycheck of the traveler [2 O.C. 219.9-4(i)];
All travel and business expenses must be received in the Accounting Department within
ten (10) days from the date the travel has ended, and any past due advances will result in
automatic payroll deductions [2 O.C. 219.9-6];
If for any reason, the travel report is unacceptable, the traveler will be responsible to
reimburse the Nation for any cash advance relating to the unacceptable travel report [2
O.C. 219.9-7];
Any mileage reimbursement request submitted to the Accounting Department after fiscal
year end, as established by the Chief Financial Officer, will not be reimbursed [2 O.C.
219.10-1];
Unapproved charges incurred on a corporate credit card will be reimbursed through payroll
deduction through the maximum deduction allowed [2 O.C. 219.11-6(a)(4)];
For any misuse if a corporate credit card, any expenses incurred in violation of this law are
to be reimbursed to the Nation through payroll deduction at the maximum amount allowed
[2 O.C. 219.11-6(b)(3)(C)];
Receipts for use of corporate credit card not turned in with the travel voucher may be the
responsibility of the traveler [2 O.C. 219.11-9];
For any receipts that show up on the corporate credit card bill that are not on the expense
voucher, the total charge must be reimbursed to the Nation [2 O.C. 219.11-10]; and
If meals are charged on the corporate credit card, and the traveler received per diem, the
full amount of the charge will be reimbursed by the traveler [2 O.C. 219.11-11].
The Travel and Expense Policy is clear as to what expenses and fees will be covered by the Nation
and what is the responsibility of the traveler. Additionally, reimbursement back to the Nation is
typically only required by the Travel and Expense Policy when a traveler fails to comply with the
process and procedures contained in the Travel and Expense Policy in some manner. The Travel
and Expense Policy does not provide for reimbursements to be made back to the Nation for lawful
travel that follows the process and procedures contained in the Travel and Expense Policy. The
Petition does not allege that the travel for the October 9, 2022, Green Bay Packer football game in
England was unlawful or in violation of the process and procedures contained in the Travel and
Expense Policy.
Therefore, the Petition’s request to direct reimbursement back to the Nation of all travel expenses
made from the October 9, 2022, Green Bay Packer football game in England, to the present may
conflict with the overall intent and purpose of the Travel and Expense Policy. Through the Travel
and Expense Policy the Nation sets forth it’s policy to reimburse employees for ordinary,
necessary, and reasonable travel expenses that are directly connected with, or pertaining to, the
transaction of business of the Nation. [2 O.C. 219.1-1]. There is no instance within the Travel and
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Expense Policy that lawful travel that was made in accordance with the policies and procedures
contained in the Travel and Expense Policy is required to be reimbursed back to the Nation.
Oneida Personnel Policies and Procedures
The General Tribal Council adopted the Oneida Personnel Policies and Procedures to provide the
Nation’s employee related policies and procedures including recruitment, selection, compensation
and benefits, employee relations, safety and health, program and enterprise rules and regulations,
and record keeping. Travel is referenced a couple times throughout the Oneida Personnel Policies
and Procedures.
Section IV.A.5.p of the Oneida Personnel Policies and Procedures makes reference to travel time
compensation, but not does include any information within the law itself, and instead simply
provides reference to the Tribal Wide Travel Time Work Standards and Procedures standard
operating procedure, approved on March 20, 2013, which addresses when employee travel is and
is not compensated.
Section IV.D.1.b of the Oneida Personnel Policies and Procedures provides that employees who
receive stipends or honoraria in excess of fifty dollars ($50) for attending meetings outside their
employment during working hours will forfeit the amount in excess of fifty dollars ($50) from
their regular paycheck, but that stipends for travel or per diem will not be deducted if accompanied
by receipts for such expenses. Again, this provision demonstrates that there is not an expectation
that a traveler reimburses the per diem they received for travel as long as the expenses are
documented in accordance with the Travel and Expense Policy.
Section VIII.B of the Oneida Personnel Policies and Procedures identifies that the Accounting
Department shall retain travel documents, in the form of completed travel authorization forms, for
a period of seven (7) years.
Overall, although the Oneida Personnel Policies and Procedures references travel in limited
circumstances, it does not directly address the Petition’s request for the General Tribal Council to
consider directing the development of an itemized report regarding any and all travel costs incurred
by the Nation from the October 9, 2022, Green Bay Packer football game in England; and also
consider directing full reimbursement of all travel costs back to the Nation within thirty (30)
business days and/or in a way determined by the General Tribal Council. Section IV.D.1.b of the
Oneida Personnel Policies and Procedures does demonstrate that there is not an expectation that a
traveler reimburses the per diem they received for travel as long as the receipts for the expenses
are documented, as provided for in accordance with the Travel and Expense Policy.
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Budget and Finances Law
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
Due to the fact that all expenditures of the Nation are required to be made be in accordance with
the annual budget, any travel expenses made for the October 9, 2022, Green Bay Packer football
game in England would have been required to be made in accordance with the Nation’s adopted
budget for Fiscal Year 2022 or Fiscal Year 2023, depending on when the travel costs were incurred.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England
for the October 9, 2022, Green Bay Packer Game would have the following legislative effects:
1. The Petition’s request for the General Tribal Council to direct a report to be presented to
the General Tribal Council regarding all travel costs incurred by the Nation for the October
9, 2022, Green Bay Packer football game in England, may impact the Travel and Expense
Policy. Although the Travel and Expenses Policy addresses reporting requirements for
travel by requiring a traveler to submit a report to their immediate supervisor, and even
requiring travel reports to be made to the Oneida Business Committee in certain
circumstances, there are no circumstances within the Travel and Expense Policy where
travel reports are required to be presented to the General Tribal Council.
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2. The Petition’s request that the General Tribal Council consider directing reimbursement
back to the Nation of all travel costs incurred from the October 9, 2022, Green Bay Packer
football game in England, may conflict with the Travel and Expense Policy. The Travel
and Expense Policy is clear as to what expenses and fees will be covered by the Nation and
what is the responsibility of the traveler. Reimbursement back to the Nation is typically
only required by the Travel and Expense Policy when a traveler fails to comply with the
process and procedures contained in the Travel and Expense Policy in some manner. The
Travel and Expense Policy does not provide for reimbursements to be made back to the
Nation for lawful travel that follows the process and procedures contained in the Travel
and Expense Policy. The Petition does not allege that the travel for the October 9, 2022,
Green Bay Packer football game in England was unlawful or in violation of the process
and procedures contained in the Travel and Expense Policy. Therefore, the Petition’s
request to direct reimbursement back to the Nation of all travel expenses made for the
October 9, 2022, Green Bay Packer football game in England may conflict with the overall
intent and purpose of the Travel and Expense Policy. Through the Travel and Expense
Policy the Nation sets forth it’s policy to reimburse employees for ordinary, necessary, and
reasonable travel expenses that are directly connected with, or pertaining to, the transaction
of business of the Nation. There is no instance within the Travel and Expense Policy that
lawful travel that was made in accordance with the policies and procedures contained in
the Travel and Expense Policy is required to be reimbursed back to the Nation.
3. Overall, although the Oneida Personnel Policies and Procedures references travel in limited
circumstances, it does not directly address the Petition’s request for the General Tribal
Council to consider directing the development of an itemized report regarding any and all
travel costs incurred by the Nation for the October 9, 2022, Green Bay Packer football
game in England; and also consider directing full reimbursement of all travel costs back to
the Nation within thirty (30) business days and/or in a way determined by the General
Tribal Council. Section IV.D.1.b of the Oneida Personnel Policies and Procedures does
demonstrate that there is not an expectation that a traveler reimburses the per diem they
received for travel as long as the receipts for the expenses are documented, as provided for
in accordance with the Travel and Expense Policy.
4. Section 121.5-1 of the Budget and Finances law requires that all expenditures of the Nation
be made be in accordance with the annual budget, therefore any travel expenses made for
the October 9, 2022, Green Bay Packer football game in England would have been required
to be made in accordance with the Nation’s adopted budget for the Fiscal Year 2022 or
Fiscal Year 2023, depending on when the travel costs were incurred.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of Oneida Nation Travel
Expenditures to England for the October 9, 2022, Green Bay Packer Game.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Donations Internal and External
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct any and all donations, both internal and external, of any kind shall be clearly
and concisely presented independently and separate from the normal budget process
for review, discussion, approval/denial/modification by the GTC PRIOR TO any funds
being released or distributed; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Donations - Internal and External
and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
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HANDOUT
Statement of Effect
Petition: L. Dallas – Donations - Internal and External
Summary
This petition requests the General Tribal Council to consider directing that all donations to the
Nation, both internal and external, of any kind be presented for review, discussion, approval,
denial, or modification by the General Tribal Council prior to any funds being released or
distributed.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 1, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Donations - Internal and External (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct any and all donations, both internal and external, of any kind shall be
clearly and concisely presented independently and separate from the normal
budget process for review, discussion, approval/denial/modification by the GTC
PRIOR TO any funds being released or distributed; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Donations Made by the Nation
Article IV, Section 1 of the Constitution and Bylaws of the Oneida Nation grants the General
Tribal Council the power to “manage all economic affairs and enterprises of the Oneida Nation”
and to “promulgate and enforce ordinances . . . providing for the . . . appropriation of available
tribal funds for public purposes. . . .” [Oneida Nation Constitution Article IV Section 1(e) and (f)].
Subject to its review, the General Tribal Council has delegated the authority set forth in Article IV
of the Constitution to the Oneida Business Committee.
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation are required to be made in accordance with the annual
budget. Id. The Nation’s annual budget is required to be a balanced budget, which does not propose
to spend more funds than are reasonably expected to become available to the Nation during that
fiscal year. Id. The Budget and Finances law provides for the process and procedures to be used
for the development and adoption of the Nation’s budget. [1 O.C. 121.5-4]. Ultimately, the
General Tribal Council is responsible for adopting the Nation’s budget by September 30th of each
year. [1 O.C. 121.5-4(e)].
Once a budget for the Nation is adopted, the Oneida Business Committee has the authority to
expend appropriated funds in accordance with the Nation’s adopted budget pursuant to the
Procurement Rule Handbook developed by the Purchasing Department. [1 O.C. 121.6-1]. The
authority to expend funds is then necessarily delegated to other managers, including Executive
Managers of the Nation, who manage budgets pursuant to their job descriptions based on the
Procurement Rule Handbook. Id.
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Therefore, in order for the Nation to expend funds for a donation, the funds for the donation would
had to have been budgeted for in the Nation’s duly adopted budget. Although the General Tribal
Council is responsible for adopting the budget as a whole on behalf of the Nation, it is the Oneida
Business Committee and other managers who are responsible for actually making expenditures in
accordance with the budget and Procurement Rule Handbook. The Petition’s request for all
donations, both internal and external, to be presented independently from the normal budget
process for review, discussion, approval, denial, modification by the General Tribal Council prior
to any funds being released or distributed would conflict with the Budget and Finances law’s
delegation of authority to the Oneida Business Committee and managers of the Nation to expend
funds in accordance with the Procurement Rule Handbook.
The Budget and Finances law addresses donations in regard to capital contributions, which are an
act of giving money or assets to a company or organization. [1 O.C. 121.3-1(b)]. Any capital
contributions made by the Nation are required to be identified in the annual budget. [1 O.C. 121.67]. Any reassignment of a loan provided by the Nation into a capital contribution is required to be
noticed to the General Tribal Council. [1 O.C. 121.6-7(a)].
In regard to donations made by the Nation in the form of capital contributions, the Petition’s
request that all donations be presented to the General Tribal Council independently and separate
from the normal budget process would conflict with section 121.6-7 of the Budget and Finances
law which requires that any capital contributions of the Nation be identified in the annual budget.
Additionally, although the Budget and Finances law requires that any reassignment of a loan
provided by the Nation into a capital contribution be noticed to the General Tribal Council, the
General Tribal Council is not delegated the authority to approve, deny, or modify the transfer of a
loan into a capital contribution prior to the distribution of funds being made.
Donations Received by the Nation
In regard to donations received by the Nation, the Budget and Finances law addresses the receipt
of supplemental funding, and provides that in the event that the Nation receives any supplemental
or emergency funding of two hundred and fifty thousand dollars ($250,000) or more, the Oneida
Business Committee shall develop and adopt, through resolution, a spending plan to guide
expenditures of the supplemental funding in accordance with any provided guidance for the
supplemental funding and audit compliance. [1 O.C. 121.6-4(c)].
The Budget and Finances law does not require supplemental funding received by the Nation to be
presented to the General Tribal Council for review, discussion, approval, denial, or modification
prior to any funds being released or distributed.
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Donations Made to Endowment Fund Accounts
Donations may be made to the Nation for the purpose of establishing or supporting an endowment
fund account. The Endowments law provides the process for the establishment and maintenance
of all endowment fund accounts established by the Nation. [1 O.C. 131.1-1]. It is the policy of the
Nation that endowments shall be maintained, protected, and grown in value for the benefit of the
Oneida people, both those in the present, and future generations. [1 O.C. 131.1-2]. The
Endowments law addresses how contributions, or monetary donations to the Nation for the purpose
of contributing to an existing endowment fund account, or for the establishment of an endowment
fund account, are handled. [1 O.C. 131.3-1(b)]. In addition to monetary donations, a bequest,
donation, or gift may also be accepted as a contribution if it has potential monetary value, which
may include, but not be limited to, stocks, bonds, real estate, property, and other assets including,
but not limited to, assets which are current, commercial, equitable, earning, tangible, and
intangible. Id.
The Oneida Trust Enrollment Committee is authorized to accept contributions or other instruments
from private donors for the purpose of establishing endowment fund accounts. [1 O.C. 131.6-2].
The Oneida Trust Enrollment Committee is required to notify the Oneida Finance Committee
immediately upon receipt of a contribution. Id. Pending the establishment of an endowment fund
account, the Oneida Trust Enrollment Committee deposits the contribution into an interest-bearing
account. [1 O.C. 131.6-2(a)].
The Finance Committee is then charged with establishing all endowment fund accounts, with final
approval from the Oneida Business Committee. [1 O.C. 131.5-1]. Typically, the Finance
Committee is responsible for holding a public meeting regarding the establishment of an
endowment fund account, but the establishment of an endowment fund account from a private
owner is exempt from the public meeting requirements. [1 O.C. 131.5-1(a)]. The establishment of
an endowment fund account from a private contribution can take no more than one hundred and
twenty (120) days from the date the Finance Committee is notified of the donation received for the
purpose of establishing the endowment fund account. [1 O.C. 131.5-1(b)].
The Oneida Business Committee is then delegated oversight authority over endowment fund
accounts. Oversight authority includes, but is not limited to, the authority to approve or disapprove
the establishment of endowment fund accounts as recommended by the Finance Committee; and
the authority to cause any or all endowment fund accounts to be audited by an independent auditor.
[1 O.C. 131.4-1]. If an audit of an endowment fund account is completed, an executive summary
of the audit is required to be included on the agenda of the next regularly scheduled meeting of the
General Tribal Council. Id.
The Oneida Trust Enrollment Committee is required by the Endowments law to provide written
annual financial reports to both the Oneida Business Committee and the General Tribal Council
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which includes, but is not limited to, itemized accounting of all monies placed into endowment
fund accounts; itemized accounting of all withdrawals to include the date and destination of any
withdrawal from all endowment fund accounts; and itemized accounting of all monies spent on
consultants. [1 O.C. 131.6-3].
Although annual financial reports and audit reports of endowment fund accounts are provided to
the General Tribal Council, it is not required that the General Tribal Council be presented
endowment fund accounts for discussion prior to the creation of an endowment fund account, and
the General Tribal Council is not delegated the authority to approve or modify an endowment fund
account.
Therefore, in regard to donations made to the Nation for endowment fund accounts, the Petition’s
request that all donations to the Nation of any kind be presented for review, discussion, approval,
denial, or modification by the General Tribal Council prior to any funds being released or
distributed would conflict with the process and procedures contained in the Endowments law.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Donations - Internal and External would have the following
legislative effect:
1. In regard to donations made by the Nation, the Petition’s request for all donations, both
internal and external, to be presented independently from the normal budget process for
review, discussion, approval, denial, modification by the General Tribal Council prior to
any funds being released or distributed would conflict with the Budget and Finances law’s
delegation of authority to the Oneida Business Committee and managers of the Nation to
expend funds. In order for the Nation to expend funds for a donation, the funds for the
donation would had to have been budgeted for in the Nation’s duly adopted budget.
Although the General Tribal Council is responsible for adopting the budget as a whole on
behalf of the Nation, it is the Oneida Business Committee and other managers who are
responsible for actually making expenditures in accordance with the budget and
Procurement Rule Handbook.
2. In regard to donations made by the Nation in the form of capital contributions, the Petition’s
request that all donations be presented to the General Tribal Council independently and
separate from the normal budget process would conflict with section 121.6-7 of the Budget
and Finances law which requires that any capital contributions of the Nation be identified
in the annual budget. Additionally, although the Budget and Finances law requires that any
reassignment of a loan provided by the Nation into a capital contribution be noticed to the
General Tribal Council, the General Tribal Council is not delegated the authority to
approve, deny, or modify the transfer of a loan into a capital contribution prior to the
distribution of funds being made.
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3. In regard to donations received by the Nation, the Budget and Finances law addresses the
receipt of supplemental funding, and provides that in the event that the Nation receives any
supplemental or emergency funding of two hundred and fifty thousand dollars ($250,000)
or more, the Oneida Business Committee shall develop and adopt, through resolution, a
spending plan to guide expenditures of the supplemental funding in accordance with any
provided guidance for the supplemental funding and audit compliance. The Budget and
Finances law does not require supplemental funding received by the Nation to be presented
to the General Tribal Council for review, discussion, approval, denial, or modification prior
to any funds being released or distributed.
4. In regard to donations made to the Nation for the establishment or support of endowment
fund accounts, the Petition’s request that all donations to the Nation of any kind be
presented for review, discussion, approval, denial, or modification by the General Tribal
Council prior to any funds being released or distributed would conflict with the process
and procedures contained in the Endowments law.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Donations - Internal and External.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Repeal GTC
Resolution #01-21-19-A Amending the
120-Day Petition Timeline Adopted by
General Tribal Council
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Repeal GTC Resolution #01-21-19-A Amending the 120-day Petition Timeline Adopted
by the General Tribal Council;
Direct that the Oneida General Tribal Council action taken on July 17, 2017, which
directed that "Petitions shall be presented to the General Tribal Council within on
hundred and twenty (120) days of receipt by the Oneida Business Committee Support
Office" shall be effective immediately; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
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Next Steps:
Accept the statement of effect for Petition: L. Dallas – Repeal GTC Resolution #01-21-19A Amending the 120-Day Petition Timeline Adopted by General Tribal Council and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Repeal GTC Resolution #01-21-19-A Amending the 120-Day
Petition Timeline Adopted by General Tribal Council
Summary
This petition requests the General Tribal Council to consider repealing resolution GTC-01-21-19A, Amending the 120-Day Petition Timeline Adopted by the General Tribal Council, and directing
that the July 17, 2017, General Tribal Council motion which directed that petitions be presented
to the General Tribal Council withing one hundred and twenty days (120) of submission be
reinstated effective immediately.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 25, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Repeal GTC Resolution #01-21-19-A Amending the
120-Day Petition Timeline Adopted by General Tribal Council (“the Petition”) was submitted to
the Government Administrative Office by Linda Dallas and then verified by the Oneida Trust
Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee
acknowledged receipt of the Petition and directed that the Legislative Reference Office complete
a statement of effect for the Petition with status updates to be submitted for the April 26, 2023,
regular Business Committee meeting agenda and the first Business Committee meeting of the
month thereafter or until the final documents are submitted. The Legislative Operating Committee
added the Petition to its Active Files List on April 7, 2023, for a statement of effect to be developed
by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Repeal GTC Resolution #01-21-19-A Amending the 120-Day Petition Timeline
Adopted by the General Tribal Council;
Direct that the Oneida General Tribal Council action taken on July 17, 2017, which
directed that "Petitions shall be presented to the General Tribal Council within on
hundred and twenty (120) days of receipt by the Oneida Business Committee
Support Office" shall be effective immediately; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
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All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
180 Day Timeframe for Petitions
Article III, Section 6 of the Constitution and Bylaws of the Oneida Nation (“the Constitution”) sets
forth the process by which members of the Nation may petition to call a special meeting to bring
a subject before the General Tribal Council for consideration. [Constitution Article III, Section 6].
The Constitution provides that the chairman or fifty (50) qualified voters may, by written notice,
call special meetings of the General Tribal Council. Id.
The General Tribal Council enacted the Ten Day Notice Policy on March 4, 1991, for the purpose
of providing notice to the General Tribal Council of regular or special business to be conducted or
action taken at a General Tribal Council meeting. [1 O.C. 110.1-1]. Requiring prior notice of the
agenda items and information related to items assisted in creating informed discussion and
improved decision-making by the General Tribal Council on matters that affected the Nation which
became increasingly more complex and technical.
In an effort to provide consistency in the timeframe for when petitions are presented to the General
Tribal Council, on July 17, 2017, the General Tribal Council adopted a motion which required
petitions submitted under Article III, Section 6 of the Constitution to be processed and brought to
the General Tribal Council within one hundred and twenty (120) days of submission.
In an effort to balance General Tribal Council’s desire to have timely presentations of petitions
with the acknowledgement that one hundred and twenty (120) days does not provide enough time
to properly develop the necessary analyses to provide information to the General Tribal Council
to make an informed decisions while also recognizing scheduling constraints, on January 21, 2019,
the General Tribal Council adopted resolution GTC-01-21-19-A, Amending the 120-Day Petition
Timeline Adopted by the General Tribal Council. Resolution GTC-01-21-19-A adopted a rule
regarding petitions which superseded the July 17, 2017, action setting a one hundred and twenty
(120) day timeframe, and instead required that petitions be presented to the General Tribal Council
within one hundred and eighty (180) days of receipt by the Oneida Business Committee Support
Office 1, and that no petition can contain more than one subject matter.
Repealing Resolution GTC-01-21-19-A
This petition requests the General Tribal Council to consider repealing resolution GTC-01-21-19A, Amending the 120-Day Petition Timeline Adopted by the General Tribal Council, and directing
that the July 17, 2017, General Tribal Council motion which directed petitions be presented to the
1
The Oneida Business Committee Support Office is now known as the Government Administrative Office.
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General Tribal Council within one hundred and twenty days (120) of submission be reinstated
effective immediately.
The Ten Day Notice Policy requires that any action to overrule a previous passed motions or
resolutions of the General Tribal Council shall require a two-thirds (2/3) majority vote. [1 O.C.
110.3-1(a)(3)].
Therefore, if the General Tribal Council took action to repeal resolution GTC-01-21-19-A, a twothirds (2/3) majority vote would be required.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Repeal GTC Resolution #01-21-19-A Amending the 120-Day
Petition Timeline Adopted by General Tribal Council would have the following legislative effect:
1. The Petition’s request for the General Tribal Council to repeal resolution GTC-01-21-19A, Amending the 120-Day Petition Timeline Adopted by the General Tribal Council, and
direct that the July 17, 2017, General Tribal Council motion which directed petitions be
presented to the General Tribal Council within one hundred and twenty days (120) of
submission be reinstated effective immediately would require a two-thirds (2/3) majority
vote in accordance with section 110.3-1(a)(3) of the Ten Day Notice Policy.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Repeal GTC Resolution #01-21-19-A
Amending the 120-Day Petition Timeline Adopted by General Tribal Council.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 3, 2023
Petition: L. Dallas – Repeal the Budget
and Finances Law
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Repeal the Budget and Finances Law contained thin the Oneida Code of Laws, Title I.
GOVERNMENT & FINANCES, adopted by the Oneida Business Committee by way of
BC Resolution (BC-10-26-22-D), along with the following:
Adopted- BC-02-08-17-C
Emergency Amended - BC-11-24-20-E
Emergency Amended - BC-05-12-21- C
Emergency Extension - BC-11-10·21- B
Amended – BC-05-11-22- B
Emergency Amended - BC-10-26-22-D
To direct this action to be effective immediately; and
Direct that the Oneida General Tribal Council resume authority and control over the
budgets and finances of the Oneida Nation of Wisconsin effective immediately; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
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4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Repeal the Budget and Finances Law
and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Repeal the Budget and Finances Law
Summary
This petition requests the General Tribal Council to consider repealing the Budget and Finances
law and directing that the Oneida General Tribal Council resume authority and control over the
budgets and finances of the Nation, effective immediately.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 25, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Repeal the Budget and Finance Law (“the Petition”)
was submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Repeal the Budget and Finances Law contained within the Oneida Code of Laws,
Title I. GOVERNMENT & FINANCES, adopted by the Oneida Business Committee
by way of BC Resolution (BC-10-26-22-D), along with the following:
Adopted- BC-02-08-17-C
Emergency Amended - BC-11-24-20-E
Emergency Amended - BC-05-12-21- C
Emergency Extension - BC-11-10·21- B
Amended – BC-05-11-22- B
Emergency Amended - BC-10-26-22-D
To direct this action to be effective immediately; and
Direct that the Oneida General Tribal Council resume authority and control over
the budgets and finances of the Oneida Nation of Wisconsin effective immediately;
and
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GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
The Legislative Process
The General Tribal Council adopted the Legislative Procedures Act in 2013 to set forth the process
for the development and adoption of laws of the Nation by the Oneida Business Committee and
General Tribal Council. [1 O.C. 109.1-1]. The Legislative Procedures Act intends to ensure that
there is a standard process for developing legislation for the Nation. [1 O.C. 109.1-2]. Although
the Legislative Procedures Act is not construed to impede the constitutional right of a member of
the Nation under Article III, Section 4 of the Oneida Nation Constitution and Bylaws to petition
for a special meeting of the General Tribal Council, the lawmaking requirements provided by the
Legislative Procedures Act do apply to all legislation considered by the Oneida Business
Committee or the General Tribal Council. [1 O.C. 109.1-3, 109.1-1].
The legislative process begins when any person who is interested in pursuing the development of
or amendment to a law of the Nation submits a written request for legislation to the Legislative
Reference Office, who then is responsible for placing the request for legislation on the agenda of
the next duly called Legislative Operating Committee meeting. [1 O.C. 109.5-1, 109.5-2]. General
Tribal Council delegated the Legislative Operating Committee the responsibility for the
development of legislation of the Nation. [1 O.C. 109.4-2]. The Legislative Operating Committee
is comprised of the five (5) Oneida Business Committee members who do not hold officer
positions. [1 O.C. 110.4-1(b)]. Once the Legislative Operating Committee receives a request for
legislation, the Legislative Operating Committee then either accepts or denies the request, except
that the Legislative Operating Committee is not allowed to deny a request for legislation directed
by a General Tribal Council law, resolution, or motion. [1 O.C. 109.5-2(a)-(b)].
Once the Legislative Operating Committee accepts a request for legislation and directs that
legislation be developed in accordance with the Legislative Procedures Act, a draft of the
legislation is created through research, review of other similar laws, collaboration with affected
entities, and community engagement efforts. The Legislative Procedures Act provides guidance
on how a law should be organized, such as different sections that need to be included in a law and
what information needs to be addressed in each section, to ensure there is a consistent format
amongst all laws of the Nation. [1 O.C. 109.11]. Once a draft of the proposed legislation is
approved by the Legislative Operating Committee, a legislative analysis of the draft legislation is
completed. [1 O.C. 109.7-1]. The purpose of the legislative analysis is to describe the important
features of the legislation being considered and factual information to enable the Legislative
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Operating Committee to make informed decisions regarding legislation. [1 O.C. 109.3-1(g)]. A
legislative analysis includes a statement of the legislation’s terms and substance; intent of the
legislation; a description of the subject(s) involved, including any conflicts with Oneida or other
law, key issues, potential impacts of the legislation and policy considerations. Id.
Once a draft and legislative analysis are completed for proposed legislation, the Legislative
Operating Committee moves forward with obtaining public review of the proposed legislation.
The Legislative Operating Committee determines a public meeting date and then a public meeting
notice is created that contains the date, time and place of the public meeting, the time period for
the public comment period, and the name, address, phone number, and other appropriate
information on where to submit comments on the proposed legislation. [1 O.C. 109.8-2]. At least
ten (10) business days before the public meeting is held, the public meeting notice is published in
the Kalihwisaks, while the public meeting notice, proposed draft of the legislation, legislative
analysis, and fiscal impact statement if available, are published on the Oneida Register on the
Nation’s webpage found at the following location: https://oneida-nsn.gov/government/register/,
and electronically noticed to all managers and directors. [1 O.C. 109.8-2]. The managers and
directors who receive the public meeting materials are then required by the Legislative Procedures
Act to direct employees of the Nation who have special knowledge or expertise on the proposed
legislation to provide public comments. [1 O.C. 109.8-4(a)].
The public meeting on the proposed legislation is required to be presided over by at least one (1)
member of the Legislative Operating Committee. [1 O.C. 109.8-3(a)]. The purpose of the public
meeting is to solicit oral comments from members of the community on the proposed legislation.
[1 O.C. 109.8-3]. After the public meeting concludes, the Legislative Operating Committee holds
open a public comment period for at least five (5) business days. [1 O.C. 109.8-1(a)]. During the
public comment period individuals may submit written comments including data, views,
arguments, or concerns to the Oneida Business Committee Secretary or the Legislative Reference
Office in person or through United States mail, interoffice mail, e-mail, or fax. [1 O.C. 109.8-1(c),
109.4-4(b)].
Once the public comment period has concluded, the Legislative Operating Committee is required
by the Legislative Procedures Act to fully consider all written comments and oral testimony
received during the public comment period and any public meeting on the proposed legislation. [1
O.C. 109.8-4]. The Legislative Operating Committee accomplishes this responsibility through the
development of a public comment review memorandum that provides the Legislative Operating
Committee’s consideration of every comment received, and demonstrates any changes made to the
proposed legislation based on the public comments.
A fiscal impact statement is also required for all proposed legislation. [1 O.C. 109.6-1]. A fiscal
impact statement provides an estimate of the total fiscal year financial effects associated with
legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate
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of the amount of time necessary for an individual or agency to comply with the law after
implementation. [1 O.C. 109.3-1(c)]. The Legislative Operating Committee may direct that a fiscal
impact statement be submitted by any agency who may receive funding if the legislation is enacted,
may administer a program if the legislation is enacted, may have financial information concerning
the subject matter of the legislation, or the Finance Department. [1 O.C. 109.6-1]. Oneida Business
Committee resolution BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the
Legislative Procedures Act, provides further clarification on the process for directing a fiscal
impact statement be completed. This resolution provides that upon final approval of draft
legislation by the Legislative Operating Committee, the Legislative Operating Committee may
direct the Finance Department or any agency who may receive funding if the legislation is enacted,
may administer a program if the legislation is enacted, may have financial information concerning
the subject matter of the legislation to provide a neutral and unbiased fiscal impact statement to
the LOC within ten (10) business days for inclusion in adoption materials.
After all the requirements of the Legislative Procedures Act are met and the Legislative Operating
Committee is satisfied with proposed legislation, the Legislative Operating Committee then
forwards an adoption packet comprised of the proposed legislation, legislative analysis, fiscal
impact statement, resolution, statement of effect, and an adoption memorandum to the Oneida
Business Committee for consideration. [1 O.C. 109.9-1. The Oneida Business Committee then
either considers whether to approve or deny the adoption of the legislation or forwards the
legislation to the General Tribal Council for consideration of adoption. [1 O.C. 109.9-1(a)-(b)]. ].
A law is adopted, amended, or repealed upon the adoption of a resolution. [1 O.C. 109.9-2]. For
those laws considered by the Oneida Business Committee a majority vote is required for the
adoption of the law, while amendments and repeals of a law are handled in accordance with the
laws governing Oneida Business Committee action. [1 O.C. 109.9-2(a)]. The Oneida Business
Committee utilizes Robert’s Rules of Order, current edition, for the procedural rules of its meetings
except as specifically modified by the Constitution and Bylaws of the Oneida Nation. [1 O.C.
117.4-1]. For those laws considered by the General Tribal Council, adoption, amendment, and
repeal of laws are done in accordance with the laws governing General Tribal Council action. [1
O.C. 109.9-2(b)]. Any action by the General Tribal Council to overrule previous passed motions
or resolution requires a two-thirds (2/3) vote. [1 O.C. 113.3-1(a)(3)].
Once legislation is adopted through resolution by either the Oneida Business Committee or the
General Tribal Council the law shall become effective ten (10) business days after the date of
adoption unless a different effective date is specified. [1 O.C. 109.9-3]. The Legislative Operating
Committee is then responsible for publishing the law in the Oneida Code of laws by the effective
date. [1 O.C. 109.9-4]. The Oneida Code of Laws can be found on the Oneida Register on the
Nation’s website at the following location: https://oneida-nsn.gov/government/register/laws/. Any
law adopted in substantial compliance with the Legislative Procedures Act is considered valid. [1
O.C. 109.10-1]. No law can be contested based on non-compliance with the procedural
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requirements of the Legislative Procedures Act after one (1) year from the effective date of the
law. [1 O.C. 109.10-2].
Legislative History of the Budget and Finances Law
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget alloc
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.