# Oneida Business Committee (2023)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A539464809553eb9f

## Record

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

## Text

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

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

r'\

mooao
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

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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

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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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







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

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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

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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,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A539464809553eb9f. Public record. Not legal advice.
