Oneida Business Committee (2023)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, March 08, 2023

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Police Department - Andrew Leitzke

Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission

MINUTES

Approve the February 22, 2023, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the February 27, 2023, special Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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March 08, 2023

Public Packet

VI.

VII.

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RESOLUTIONS

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until May 11, 2023

Sponsor: Kaylynn Gresham, Director/Emergency Management

Adopt resolution entitled Emergency Amendments to the Election Law for the 2023

General Election

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amendments to the Emergency Management Law

Sponsor: David P. Jordan, Councilman

Enter the e-poll results into the record regarding the adopted BC resolution 02-2323-A Oneida Nation Food Processing Technical Assistance Project Grant

Application

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

LEGISLATIVE OPERATING COMMITTEE

Accept the January 5, 2023, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

Accept the February 15, 2023, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

Accept the January 19, 2023, regular Quality of Life Committee meeting

minutes

Sponsor: Marie Cornelius, Councilwoman

Oneida Business Committee

Regular Meeting Agenda

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March 08, 2023

Public Packet

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STANDING ITEMS

IX.

Review Tribal Member request regarding GWA Food Card Payment for FY2024 utilizing Tribal Contribution Savings

Sponsor: Nancy Barton, Tribal Member

Review Tribal Member request regarding the project status for the proposed

general rental apartments

Sponsor: Mary Graves, Tribal Member

Review Tribal Member request regarding the Student Relief Fund

Sponsor: Kelli Lake, Tribal Member

TRAVEL REQUESTS

Approve the travel request - Chairman Tehassi Hill - Midwest Alliance of Sovereign

Tribes (MAST) Impact Week of 2023 - Washington, DC - March 19-21, 2023

Sponsor: Tehassi Hill, Chairman

Approve the travel request - Secretary Lisa Liggins - Emerging Trends in Tribal

Enrollment - Albuquerque, NM - April 24-27, 2023

Sponsor: Lisa Liggins, Secretary

Approve the travel request - Councilwoman Jennifer Webster - Progress Act

Negotiated Rulemaking Committee - Washington, DC - March 26-31, 2023

Sponsor: Jennifer Webster, Councilwoman

NEW BUSINESS

XI.

ARPA FRF and Tribal Contribution Savings Submissions

Accept the notice of the Rule of Play: Four Card Poker approved by the Oneida

Gaming Commission on February 24, 2023

Sponsor: Mark A. Powless, Chair/Oneida Gaming Commission

GENERAL TRIBAL COUNCIL

Approve two (2) actions regarding the 2023 reconvened annual General Tribal

Council meeting

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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March 08, 2023

Public Packet

XII.

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EXECUTIVE SESSION

XIII.

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report

Sponsor: Mark W. Powless, General Manager

AUDIT COMMITTEE

Accept the Blackjack Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Four Card Poker Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Player Tracking compliance audit and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

Accept the Three Card Poker Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Accept PACE LLP update

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve sixty-three (63) new enrollments and one (1) relinquishment

Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee

Review West Mason Sportsbook staffing levels request and determine next

steps

Sponsor: Louise Cornelius, Gaming General Manager

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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March 08, 2023

Public Packet

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Oneida Police Department - Andrew Leitzke

Business Committee Agenda Request

1. Meeting Date Requested:

03/8/23

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Administer Oath of Office for one new hire: Andrew Leitzke

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Eric Boulanger

Brandon Vande Hei

Andrew Leitzke

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☐ Not Applicable

8. Submission:

Authorized Sponsor:

Richard Van Boxtel, Police Commission Chairman

Primary Requestor:

Eric Boulanger, Chief of Police

Revised: 11/15/2021

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Public Packet

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Approve the February 22, 2023, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

03/08/23

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, February 21, 2023

Virtual Meeting – Microsoft Teams1

Regular Meeting

8:30 AM Wednesday, February 22, 2023

Virtual Meeting – Microsoft Teams

Minutes

EXECUTIVE SESSION:

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Arrived at: n/a

Others present: Jo Anne House, Keith Doxtator, Mark W. Powless, Todd VanDen Heuvel, Katsitsiyo

Danforth, Danelle Wilson, Kristal Hill, Rae Skenandore, Justin Nishimoto, Tana Aguirre, Bill Gollnick,

Brandon Wisneski, Melissa Nuthals, Barbara Webster, RaLinda Ninham-Lamberies, Chad Fuss, James

Petitjean, Melanie Burkhart, Tina Jorgensen, Nicole Rommel, Cheryl Stevens, Debra Danforth, Jacque

Boyle, Lori Hill, Shannon Stone, Eric Bristol, Josephine Skenandore, Jason Doxtator, Mercie Danforth,

Jeff Bowman, Nathan King, Jeffrey House, Jeanne Calhoun, Steve Ninham;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Marie Cornelius, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: Treasurer Tina Danforth, Councilman Daniel Guzman King;

Arrived at: n/a

Others present: Jo Anne House, Mark W. Powless, Todd VanDen Heuvel, Kaylynn Gresham, Katsitsiyo

Danforth, Danelle Wilson, Rhiannon Metoxen, Kristal Hill, Rae Skenandore, Justin Nishimoto, Lisa

Summers, Loucinda Conway, Clorissa Leeman, RaLinda Ninham-Lamberies, Melanie Burkhart, Lori Hill,

Tina Jorgensen, Debra Danforth, Grace Elliott, Paul Witek, Michelle Tipple, Mari Kriescher, Jameson

Wilson, Patricia King, Debbie Melchert, Brooke Doxtator, Shannon Davis, Carol Silva, Martin Prevost,

Marlon Skenandore, Jeanne Calhoun, Michelle Braaten, Rosa Laster, Vicki L. Cornelius, Teresa

Schuman, Carmelita Escamea, Neoma Orsburn, Mike Debraska, Mary Graves, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.

For the record: Councilman Daniel Guzman King is virtually attending the Food Distribution Program

on Indian Reservations (FDIPR) Tribal Leader Consultation Work Group consultation. Treasurer Tina

Danforth is out on leave.

II.

OPENING (00:01:15)

Opening provided by Councilman Kirby Metoxen.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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III.

ADOPT THE AGENDA (00:01:35)

Motion by Lisa Liggins to adopt the agenda with six (6) noted changes [1) under the Oath of Office

section, add item entitled Oneida Community Library Board - Carmelita Escamea; 2) under the Oath of

Office section, add item entitled Oneida Nation Commission On Aging - Neoma Orsburn; 3) under the

Travel Request section, add item entitled Approve the travel request - Councilman Kirby Metoxen Indian Gaming Tradeshow & Convention - San Diego, CA - March 27-31, 2023; 4) under the Executive

Session, Reports section, add item entitled Accept the Chief Financial Officer February 2023 report; 5)

address item VII.A. Determine next steps regarding six (6) vacancies - Oneida Election Board Ad Hoc

Committee after the adoption of the agenda; and 6) to address an additional handout for item XV.A.1.

Accept the Chief Counsel report], seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item VII.A. was addressed next.

IV.

OATH OF OFFICE

Oneida Election Board Ad Hoc Committee - Appointees (00:07:51)

Sponsor: Lisa Liggins, Secretary

Oneida Community Library Board - Carmelita Escamea (00:07:51)

Sponsor: Lisa Liggins, Secretary

Oneida Nation Commission On Aging - Neoma Orsburn (00:07:51)

Sponsor: Lisa Liggins, Secretary

Oaths of office were administered by Secretary Lisa Liggins. Vicki Cornelius, Teresa Schuman, Rosa

Laster, Carmen Escamea, and Neoma Orsburn were present.

MINUTES

Approve the February 8, 2023, regular Business Committee meeting minutes

(00:11:44)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the February 8, 2023, regular Business Committee meeting

minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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VI.

RESOLUTIONS

Enter the e-poll results into the record regarding the adopted BC resolution 02-1523-A Public Service Commission FY 2023 Broadband Expansion Grant Application

(00:12:20)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record regarding the adopted BC

resolution 02-15-23-A Public Service Commission FY 2023 Broadband Expansion Grant Application,

seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item VIII.A.1. was addressed next.

VII.

APPOINTMENTS

Determine next steps regarding six (6) vacancies - Oneida Election Board Ad Hoc

Committee (00:05:20)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the selected applicants and to appoint Vicki Cornelius, Teresa

Schuman, Colleen Cornelius, and Rosa Laster to the Oneida Election Board Ad Hoc Committee with a

term ending December 31, 2023, and to request the Secretary to re-notice the remaining vacancies,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item IV. was addressed next.

VIII.

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the January 30, 2023, regular Finance Committee meeting minutes

(00:13:11)

Sponsor: Keith Doxtator, Chief Financial Officer

Motion by David P. Jordan to accept the January 30, 2023, regular Finance Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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DRAFT

Accept the February 13, 2023, regular Finance Committee meeting minutes

(00:13:51)

Sponsor: Keith Doxtator, Chief Financial Officer

Motion by David P. Jordan to accept the February 13, 2023, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

LEGISLATIVE OPERATING COMMITTEE

Accept the February 1, 2023, regular Legislative Operating Committee meeting

minutes (00:14:23)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the February 1, 2023, regular Legislative Operating Committee

meeting minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

QUALITY OF LIFE COMMITTEE

Review request to reconsider the December 14, 2022, Business Committee

action regarding Food Assistance Program and Summer Savings at the Pump

analysis (00:14:59)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to accept the Quality of Life Committee request regarding the Food

Assistance Program and Summers Savings at the Pump analysis report as concluding this request,

seconded by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

IX.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Review Tribal Member request regarding GWA Food Card Payment for FY-2024

utilizing Tribal Contribution Savings (00:21:13)

Sponsor: Nancy Barton, Tribal Member

Motion by Lisa Liggins to defer the Review Tribal Member request regarding GWA Food Card Payment

for FY-2024 utilizing Tribal Contribution Savings to the March 8, 2023, regular Business Committee

meeting, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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TRAVEL REPORTS

Approve the travel report - Councilwoman Jennifer Webster - Multiple Events Washington, D.C. - November 6-12, 2022 (00:22:24)

Sponsor: Jennifer Webster, Councilwoman

Motion by Marie Cornelius to approve the travel report from Councilwoman Jennifer Webster for

Multiple Events in Washington, D.C. - November 6-12, 2022, seconded by Brandon Stevens. Motion

carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens

Abstained:

Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Approve the travel report - Councilwoman Jennifer Webster - Administration for

Children & Families Tribal Advisory Committee (ACF-TAC) Triannual meeting Washington, D.C. - February 7-10, 2023 (00:23:05)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Administration for Children & Families Tribal Advisory Committee (ACF-TAC) Triannual meeting in

Washington, D.C. - February 7-10, 2023, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

XI.

TRAVEL REQUESTS

Approve the travel request - Councilwoman Marie Cornelius - State of the Tribes

Address - Madison, WI - March 13-14, 2023 (00:23:59)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to approve the travel request for Councilwoman Marie Cornelius to attend

the State of the Tribes Address in Madison, WI - March 13-14, 2023, seconded by David P. Jordan.

Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Approve the travel request - Councilwoman Jennifer Webster - The Office of Child

Support Enforcement (OCSE) Tribal Consultation - Atlantic City, NJ - April 5-7,

2023 (00:24:36)

Sponsor: Jennifer Webster, Councilwoman

Motion by Marie Cornelius to approve the travel request for Councilwoman Jennifer Webster to attend

The Office of Child Support Enforcement (OCSE) Tribal Consultation in Atlantic City, NJ - April 5-7,

2023, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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Approve the travel request - Councilwoman Jennifer Webster - 2023 Tribal SelfGovernance Conference - Tulsa, OK - June 25-30, 2023 (00:25:28)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel request for Councilwoman Jennifer Webster to attend

the 2023 Tribal Self-Governance Conference in Tulsa, OK - June 25-30, 2023, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Approve the travel request - Councilman Kirby Metoxen - Indian Gaming

Tradeshow & Convention - San Diego, CA - March 27-31, 2023 (00:26:12)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen to attend the

Indian Gaming Tradeshow & Convention in San Diego, CA - March 27-31, 2023, seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Brandon Stevens,

Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Daniel Guzman King

XII.

NEW BUSINESS

Approve the concept paper for CDC # 21-112 Transitional Residential Detox

Treatment Facility (00:27:04)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to approve the concept paper for CDC # 21-112 Transitional Residential Detox

Treatment Facility, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by Lisa Liggins to adopt resolution entitled 02-22-23-A Approval of Use of Economic

Development, Diversification and Community Development Funds to Conduct a Feasibility Study for

CDC # 21-112 Transitional Residential Detox Treatment Facility, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by Lisa Liggins to approve activation of up to $300,000 from the Economic Development,

Diversification and Community Development Funds for the feasibility study associated with CDC # 21112 Transitional Residential Detox Treatment Facility, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XIV.A. was addressed next.

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XIII.

REPORTS

CORPORATE BOARDS

Accept the Bay Bancorporation Inc. FY-2023 1st quarter report (01:16:34)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Brandon Stevens to accept the Bay Bancorporation Inc. FY-2023 1st quarter report,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Oneida Airport Hotel Corporation FY-2023 1st quarter report

(01:22:40)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

Motion by Jennifer Webster to accept the Oneida Airport Hotel Corporation FY-2023 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Oneida ESC Group, LLC FY-2023 1st quarter report (01:23:19)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by David P. Jordan to accept the Oneida ESC Group, LLC FY-2023 1st quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Oneida Golf Enterprise FY-2023 1st quarter report (01:23:51)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by David P. Jordan to accept the Oneida Golf Enterprise FY-2023 1st quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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OTHER

Defer the Oneida Youth Leadership Institute report to the March 22, 2023,

regular Business Committee meeting (01:24:21)

Sponsor: Marlon Skenandore, Chair/Oneida Youth Leadership Institute

Motion by David P. Jordan to defer the Oneida Youth Leadership Institute report to the March 22,

2023, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XV. was addressed next.

XIV.

GENERAL TRIBAL COUNCIL

Schedule the 2023 semi-annual General Tribal Council meeting (00:44:44)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to schedule the 2023 semi-annual General Tribal Council meeting for

Monday, July 24, 2023, at 6:00 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster

Opposed:

Marie Cornelius, Kirby Metoxen

Not Present:

Tina Danforth, Daniel Guzman King

For the record: Councilwoman Marie Cornelius stated I will not be available on that date, thank you.

Approve three (3) requested actions - Petitioner Linda Dallas re: Alcohol and Drug

Addiction Treatment Assistance (00:54:52)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve acknowledge receipt of the petition from Linda Dallas regarding

Alcohol and Drug Addiction Treatment Assistance, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to complete and

submit their administrative impact statements of the petition to the TribalSecretary mailbox by

Wednesday, March 15, 2023, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan 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 March 22, 2023, regular Business Committee meeting agenda and the first BC

meeting of the month thereafter or until the final documents are submitted, seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

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Regular Meeting Minutes

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Approve three (3) requested actions - Petitioner Linda Dallas re: General Tribal

Council Directive for the Oneida Business Committee to stay out of day-to-day

business (01:00:23)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve acknowledge receipt of the petition from Linda Dallas regarding

the General Tribal Council Directive for the Oneida Business Committee to stay out of day-to-day

business, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to complete and

submit their administrative impact statements of the petition to the TribalSecretary mailbox by

Wednesday, March 15, 2023, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan 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 March 22, 2023, regular Business Committee meeting agenda and the first BC

meeting of the month thereafter or until the final documents are submitted, seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Approve three (3) requested actions - Petitioner Linda Dallas re: FY-2023 Budget

(01:02:55)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve acknowledge receipt of the petition from Linda Dallas regarding

the FY-2023 budget, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to complete and

submit their administrative impact statements of the petition to the TribalSecretary mailbox by

Wednesday, March 15, 2023, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan 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 March 22, 2023, regular Business Committee meeting agenda and the first BC

meeting of the month thereafter or until the final documents are submitted, seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 14

February 22, 2023

Public Packet

18 of 221

DRAFT

Approve three (3) requested actions - Petitioner Lloyd Zeise re: Uncap All

Employee Wages (01:05:07)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve acknowledge receipt of the petition from Lloyd Zeise regarding

the Uncap All Employee Wages, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan to direct the Business Committee Direct Report Offices to complete and

submit their administrative impact statements of the petition to the TribalSecretary mailbox by

Wednesday, March 15, 2023, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan 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 March 22, 2023, regular Business Committee meeting agenda and the first BC

meeting of the month thereafter or until the final documents are submitted, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XV.A.1. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 14

February 22, 2023

Public Packet

19 of 221

DRAFT

XV.

EXECUTIVE SESSION (01:24:57)

Motion by David P. Jordan to go into executive session at 9:56 a.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Motion by David P. Jordan to come out of executive session at 10:08 a.m., seconded by Lisa Liggins.

Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XV.A.1. was re-addressed next.

REPORTS

Accept the Chief Counsel report (01:08:08);(01:26:27)

Sponsor: Jo Anne House, Chief Counsel

Motion by Marie Cornelius to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XV.A.2. was addressed next.

Motion by Lisa Liggins to approve attorney contract - Husch Blackwell LLP - file # 2023-0160,

seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XVI. was addressed next.

Accept the General Manager report (01:08:44)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the General Manager report, seconded by Jennifer Webster. Motion

carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 14

February 22, 2023

Public Packet

20 of 221

DRAFT

Accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2023 report (01:09:07)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2023 report and to approve the travel request for Chairman Tehassi Hill to provide testimony

for American Indian/Alaska Native programs in Washington, D.C. - March 8-9, 2023, seconded by

Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Treasurer's January 2023 report (01:09:55)

Sponsor: Keith Doxtator, Chief Financial Officer

Motion by Lisa Liggins to accept the Treasurer's January 2023 report, seconded by Jennifer Webster.

Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Security Director FY-2023 1st quarter report (01:10:18)

Sponsor: Katsitsiyo Danforth, Security Director

Motion by Lisa Liggins to accept the Security Director FY-2023 1st quarter report, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Bay Bancorporation Inc. FY-2023 1st quarter executive report

(01:10:47)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Lisa Liggins to accept the Bay Bancorporation Inc. FY-2023 1st quarter executive report,

seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Oneida Airport Hotel Corporation FY-2023 1st quarter executive

report (01:11:13)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

Motion by Lisa Liggins to accept the Oneida Airport Hotel Corporation FY-2023 1st quarter executive

report, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 14

February 22, 2023

Public Packet

21 of 221

DRAFT

Accept the Oneida ESC Group, LLC FY-2023 1st quarter executive report

(01:11:40)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by Lisa Liggins to accept the Oneida ESC Group, LLC FY-2023 1st quarter executive report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept the Oneida Golf Enterprise FY-2023 1st quarter executive report

(01:12:10)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by Lisa Liggins to accept the Oneida Golf Enterprise FY-2023 1st quarter executive report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

10.

Accept the Business Analyst FY-2023 1st quarter report (01:12:38)

Sponsor: Justin Nishimoto, Business Analyst

Motion by Lisa Liggins to accept the Business Analyst FY-2023 1st quarter report, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

11.

Accept the Chief Financial Officer February 2023 report (01:13:15)

Sponsor: Keith Doxtator, Chief Financial Officer

Motion by Lisa Liggins to accept the Chief Financial Officer February 2023 report, seconded by David

P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

AUDIT COMMITTEE

Approve limited waiver of sovereign immunity - RSM US LLP agreement - file #

2023-0084 (01:13:45)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to approve a limited waiver of sovereign immunity - RSM US LLP

agreement - file # 2023-0084, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 14

February 22, 2023

Public Packet

22 of 221

DRAFT

NEW BUSINESS

Accept closeout report for complaint # 2023-DR09-01 (01:14:18)

Sponsor: Kristal Hill, Executive Assistant

Motion by Lisa Liggins to accept the written report from the sub-committee regarding complaint # 2023DR09-01; to modify the recommended actions in the written report as noted in the memorandum dated

February 21, 2023; and to designate Secretary Lisa Liggins to follow through with DR09 on the

approved actions, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Review applications for six (6) vacancies - Oneida Election Board Ad Hoc

Committee (01:15:11)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the discussion regarding Oneida Election Board Ad Hoc Committee

applications as information, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Accept additional materials regarding BC resolution 02-15-22-A Public Service

Commission FY 2023 Broadband Expansion Grant Application (01:15:48)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to accept additional materials regarding BC resolution 02-15-22-A Public

Service Commission FY 2023 Broadband Expansion Grant Application, seconded by Lisa Liggins.

Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Item XIII.A.1. was addressed next.

XVI.

ADJOURN (01:27:05)

Motion by Marie Cornelius to adjourn at 10:09 a.m., seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King

Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 14

February 22, 2023

Public Packet

23 of 221

Approve the February 27, 2023, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

03/08/23

2. General Information:

Session:

☐ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

Public Packet

24 of 221

Oneida Business Committee

Special Meeting

10:00 AM Monday, February 27, 2023

Virtual Meeting - Microsoft Teams1

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Marie Cornelius, Daniel Guzman King, Kirby Metoxen, Jennifer Webster;

Not Present: Treasurer Tina Danforth, Council member: David P. Jordan;

Arrived at: n/a

Others present: Brooke Doxtator, Barbara Webster, Clorissa Leeman, Danelle Wilson, Debbie Melchert,

Eric Boulanger, Jameson Wilson, Jo Ann House, Joel Maxam, Justin Nishimoto, Kathy Metoxen,

Katsitsiyo Danforth, Kaylynn Gresham, Lisa Summers, Lori Hill, Loucinda Conway, Louise Cornelius,

Marin Prevost, Maureen Metoxen, Melanie Burkhart, Mike Debraska, Nathan Wisneski, Patricia King,

Rhiannon Metoxen, Tana Aguirre, Todd Vanden Heuvel, Xavier Horkman;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 10:01 a.m.

II.

OPENING (00:00:17)

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA (00:00:43)

Motion by Brandon Stevens to adopt the agenda, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan

Microsoft Teams is software which provides a communication and collaboration platform for workplace

chat, file sharing, and video meetings.

Oneida Business Committee

Special Meeting Minutes

Page 1 of 2

February 27, 2023

Public Packet

IV.

25 of 221

GENERAL TRIBAL COUNCIL

Determine next steps for the reconvened annual General Tribal Council meeting

scheduled on February 27, 2023 (00:01:32)

Sponsor: Tehassi Hill, Chairman

Motion by Jennifer Webster to cancel the February 27, 2023, General Tribal Council meeting and place

on the next Business Committee meeting agenda to reschedule, seconded by Brandon Stevens. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan

VI.

ADJOURN (00:05:50)

Motion by Marie Cornelius to adjourn at 10:07 a.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan

Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor

Minutes approved as presented on ________.

____________________________

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 2 of 2

February 27, 2023

Public Packet

26 of 221

Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until May 11, 2023

Business Committee Agenda Request

1. Meeting Date Requested:

3/8/23

2. Session:

‫ ܆‬Open ‫ ܆‬Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

Requested Motion:

‫ ܆‬Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP

Areas potentially impacted or affected by this request:

‫ ܆‬Finance

‫ ܆‬Law Office

‫ ܆‬Gaming/Retail

‫ ܆‬Other: All areas of the Nation

‫ ܆‬Programs/Services

‫ ܆‬MIS

‫ ܆‬Boards, Committees, or Commissions

5. Additional attendees needed for this request:

1DPH7LWOH(QWLW\25&KRRVHIURP/LVW

Michelle Tipple, Public Health Officer

Revised: 11/15/2021

Page 1 of 2

Public Packet

27 of 221

Supporting Documents:

‫ ܆‬Bylaws

‫ ܆‬Fiscal Impact Statement

‫ ܆‬Contract Document(s) ‫ ܆‬Law

‫ ܆‬Correspondence

‫ ܆‬Legal Review

‫ ܆‬Draft GTC Notice

‫ ܆‬Minutes

‫ ܆‬Draft GTC Packet

‫ ܆‬MOU/MOA

‫ ܆‬E-poll results/back-up ‫ ܆‬Petition

‫ ܆‬Other: Recommendations

‫ ܆‬Presentation

‫ ܆‬Report

‫ ܆‬Resolution

‫ ܆‬Rule (adoption packet)

‫ ܆‬Statement of Effect

‫ ܆‬Travel Documents

Budget Information:

‫ ܆‬Budgeted – Tribal Contribution

‫ ܆‬Unbudgeted

‫ ܆‬Other:

‫ ܆‬Budgeted – Grant Funded

‫ ܆‬Not Applicable

Submission:

Emergency

Management Director

Name, Gresham,

Title/Entity OR

Choose from

Authorized Sponsor: Kaylynn

Primary Requestor:

Revised: 11/15/2021

Page 2 of 2

Public Packet

28 of 221

Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

To:

Oneida Business Committee

From:

Debra Danforth, Oneida Comprehensive Health Division Operations Director

Dr Kennard, Oneida Comprehensive Health Division Medical Director

Michelle Tipple, Community/ Public Health Officer

Date:

February 24, 2023

RE:

Recommendations to extend public health emergency

We now know the federal public health emergency declaration is set to expire May 11,

2023. This action will have impact on certain flexibilities in programs and policies that have

been afforded over the course of the public health emergency declaration. We anticipate

communications from impacted programs and policies will occur in the coming weeks.

The health response team recognizes the benefit of extending Oneida’s public health

emergency declaration to match that of the federal public health emergency. This action

would provide a consistent message to the Oneida Community as changes may impact

members of the Oneida Community as well.

In collaboration with Oneida Emergency Management, the health response team

recommends the Oneida Business Committee extend the public health emergency to

match the expiration of the federal public health emergency declaration, through

May 11, 2023.

Thank you for your continued collaboration and partnership as we work together to slow the

spread of COVID-19 in the Oneida community.

Sincerely,

Michelle Tipple BSN, RN

Community/ Public Health Officer

CC:

Kaylynn Gresham, Emergency Management

Debra Danforth, Comprehensive Health Division Operations Director

Dr Kennard, Oneida Comprehensive Health Division Medical Director

Mark Powless, General Manager

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155

https://oneida-nsn.gov/resources/health/

525 Airport Rd., Oneida, WI 54155

Phone: (920) 869-2711 or 1-866-869-2711

2640 West Point Rd., Green Bay, WI 54304

Phone: (920) 490-3790 or 1-888-490-2457

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869-2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405-4492

Fax: (920) 869-1780

Fax: (920) 490-3883

Fax: (920) 869-3238

Fax: (920) 405-4494

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ___________

Extension of Declaration of Public Health State of Emergency Until May 11, 2023

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida

Business Committee took actions to take steps to protect the health and welfare of the

members, employees and the community, including instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continue to be

paid during the Public Health State of Emergency as long as the Nation’s resources will

allow; and

WHEREAS,

the Public Health State of Emergency has extended continuously since the initial

declaration; and

WHEREAS,

the status of the COVID-19 pandemic continues to change with identification of new

variants and increases in positive rates and increased hospitalizations as identified by the

U.S Centers for Disease Control (CDC) with recommendations being changed to reflect

this constantly varying pandemic landscape; and

WHEREAS,

the CDC is now recommending local review and actions based on lagging and leading

indicators that show the ability of the local government and tribes to react to increasing and

decreasing rates; and

WHEREAS,

the Oneida Business Committee continues to work with the Public Health Officer to

understand the public health impacts of COVID-19 and its variants in order to have the

most effective information regarding public health safety declarations and guidelines; and

Public Packet

30 of 221

BC Resolution _______

Extension of Declaration of Public Health State of Emergency Until May 11, 2023

Page 2 of 2

WHEREAS,

the Oneida Business Committee has determined that continuing the Public Health State of

Emergency continues to be necessary and that its declaration should be longer given the

ongoing pandemic impact and the inability to identify mechanisms to control for infection

or protect the public;

Extension of Public Health State of Emergency Declaration

NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-2 of the Emergency

Management Law, the Oneida Business Committee extends the Public Health State of Emergency

declaration ending at 11:59 p.m. on May 11, 2023.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Extension of Declaration of Public Health State of Emergency Until May 11, 2023

Summary

This resolution extends the Nation’s Declaration of the Public Health State of Emergency until

May 11, 2023.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: February 22, 2023

Analysis by the Legislative Reference Office

The Oneida Business Committee (“OBC”) adopted the Emergency Management law to provide

for the development and execution of plans that protect residents, property and the environment in

an emergency or disaster; provide for the direction of emergency management, response and

recovery on the Reservation, as well as coordination with other agencies, victims, businesses and

organizations; establish the use of the National Incident Management System; and designate

authority and responsibilities for public health preparedness. [3 O.C. 302.1-1].

Under the Emergency Management law, the OBC is delegated responsibility to proclaim or ratify

the existence of a public health emergency. [3 O.C. 302.8-1]. A public health emergency means

the occurrence or imminent threat of an illness or health condition which is a quarantinable disease

and poses a high probability of a large number of deaths or serious or long-term disability among

humans. [3 O.C. 302.3-1(p)]. No proclamation of an emergency by the OBC may last for longer

than sixty (60) days, unless renewed by the OBC. [3 O.C. 302.8-2].

As a result of the COVID-19 virus, in accordance with the authority granted to the OBC under the

Emergency Management law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration

of Public Health State of Emergency” which set into place the necessary authority, should action

need to be taken, and allows the Oneida Nation to seek reimbursement of emergency management

actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The OBC has since extended

the Public Health State of Emergency until March 19, 2023, through adoption of the following

resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A,

BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-1021-A, BC-03-10-21-D, and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A,

BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22-E, BC-07-13-22-F, BC-09-1422-C, BC-10-26-22-H, and BC-01-11-23-B. [3 O.C. 302.8-2].

This resolution provides that the OBC has determined that continuing the Public Health State of

Emergency remains necessary given the ongoing pandemic impact and the inability to identify

mechanisms to control for infection or protect the public.

Page 1 of 2

Public Packet

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Through the adoption of this resolution, in accordance with section 302.8-2 of the Emergency

Management law, the Oneida Business Committee extends the Public Health State of Emergency

declaration until 11:59 p.m. on May 11, 2023.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

Public Packet

33 of 221

Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

February 24, 2023

Updated COVID-19 data to consider during

discussions:

Extension of the Oneida Nation Public Health

Emergency declaration.

Submitted by:

Debra Danforth, Dr Jay Kennard, Michelle Tipple

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155

https://oneida-nsn.gov/resources/health/

525 Airport Rd., Oneida, WI 54155

Phone: (920) 869-2711 or 1-866-869-2711

2640 West Point Rd., Green Bay, WI 54304

Phone: (920) 490-3790 or 1-888-490-2457

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869-2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405-4492

Fax: (920) 869-1780

Fax: (920) 490-3883

Fax: (920) 869-3238

Fax: (920) 405-4494

Public Packet

ONEIDA NATION JURISDICION DATA:

Oneida Nation Health Department retrieved 02/24/2023

https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

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Relevant COVID-19 Case Count Data

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COVID-19: Racial and Ethnic Disparities

Data view by case rates

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/disparities.htm

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WI Department of Health Services- Public Health

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

U.S. Centers for Disease Control and Prevention

https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days

U.S. Census Bureau American Community Survey Population Estimates

https://data.census.gov/cedsci/advanced

Oneida Nation Health Department

https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

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WI Department of Health Services- Public Health retrieved 02/24/2023

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 02/24/2023

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 02/24/2023

COVID-19: Wisconsin Coronavirus Wastewater Monitoring Network | Wisconsin Department of

Health Services

Public Packet

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Relevant COVID-19 Death Data

Public Packet

COVID-19: Racial and Ethnic Disparities

Data view by Death rates

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/disparities.htm

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Relevant COVID-19 Hospitalization Data

Public Packet

COVID-19: Racial and Ethnic Disparities

Data view by Hospitalization rates

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/disparities.htm

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WISCONSIN: COVID-19 HOSPITALIZATIONS AND HOSPITAL CAPACITY

WI Department of Health Services- Public Health retrieved 02/25/2023

https://www.dhs.wisconsin.gov/covid-19/hosp-data.htm

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WISCONSIN: COVID-19 COMMUNITY LEVEL

Brown County is

LOW & Outagamie

County is LOW

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/hosp-data.htm

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Relevant COVID-19 Vaccination Data

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WISCONSIN- FULLY VACCINATED AGAINST COVID-19

American

Indian

48.0%

WISCONSIN- ADDITIONAL/ BOOSTER DOSE AGAINST COVID-19

American

Indian

12.3%

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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BROWN COUNTY- FULLY VACCINATED AGAINST COVID-19

American

Indian

49.9%

BROWN COUNTY- ADDITIONAL/ BOOSTER DOSE AGAINST COVID-19

American

Indian

9.9%

WI Department of Health Services- Public Health retrieved 02/24/2023

https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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OUTAGAMIE COUNTY- FULLY VACCINATED AGAINST COVID-19

American

Indian

49.4%

OUTAGAMIE COUNTY- ADDITIONAL/ BOOSTER DOSE AGAINST COVID-19

American

Indian

11.3%

WI Department of Health Services- Public Health retrieved 02/25/2023

https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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Adopt resolution entitled Emergency Amendments to the Election Law for the 2023 General Election

Business Committee Agenda Request

1. Meeting Date Requested:

03/8/23

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution entitled, Emergency Amendments to the Election Law for the 2023

General Election

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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6. Supporting Documents:

☐ Bylaws

☐ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

David P. Jordan, Councilman

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 11/15/2021

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Public Packet

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Election Law for the 2023 General Election

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993

for the purpose of governing the procedures for the conduct of orderly elections of the

Nation, and was most recently amended by the General Tribal Council through resolution

GTC-04-23-17-A; and

WHEREAS,

the Oneida Election Board has requested emergency amendments to the Election law to

ensure the 2023 General Election and its pre-election activities can be conducted in an

efficient and lawful manner; and

WHEREAS,

the 2023 General Election is scheduled for July 15, 2023, with a caucus date scheduled

for April 15, 2023; and

WHEREAS,

as a result of the COVID-19 virus, in accordance with the authority granted to the OBC

under the Emergency Management law, on March 12, 2020, Chairman Tehassi Hill signed

a Declaration of Public Health State of Emergency which has since been extended to

March 19, 2023, through BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and BC-05-12-21-A, BC-06-23-21-B, BC-0728-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22E, BC-07-13-22-F, BC-09-14-22-C, and BC-10-26-22-H, and may be extended while the

Nation continues dealing with the effects of the COVID-19 virus; and

WHEREAS,

section 102.6-3 of the Law provides that any eligible member of the Nation not nominated

at the caucus is able to file a petition with no less than ten (10) signatures of qualified voters

to be placed on an election ballot; and

WHEREAS,

the proposed emergency amendments to the Law will allow any eligible member of the

Nation to apply to be placed on the ballot for an election by submitting an official application

form to the Nation’s Secretary or designated agent, instead of requiring an individual to

petition to be placed on the ballot by obtaining ten (10) signatures of qualified voters; and

WHEREAS,

allowing an eligible member of the Nation to apply to be placed on the ballot for an election

instead of requiring a person to petition to be placed on the ballot by obtaining ten (10)

signatures of qualified voters creates a more efficient and expedient application process,

and eliminates the burden of public health and safety concerns as a result of a heightened

cold, flu, and COVID-19 season; and

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BC Resolution _____________

Emergency Amendments to the Election Law for the 2023 General Election

Page 2 of 2

WHEREAS,

section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members

sign the election totals of machine counted ballots, which shall include the tape signed by

the members of the Nation before the polls were opened per section 102.9-3(a); and

WHEREAS,

the proposed emergency amendments to the Law will reduce the number of Election Board

members required to sign the election totals from six (6) to three (3); and

WHEREAS,

reducing the number of Election Board members required to sign the election totals

addresses the Election Board’s concerns that they will not have enough Oneida Election

Board members to meet the requirement of section 102.10-2 of the Law; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation

of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in an efficient and lawful manner in accordance with the requirements

of the Election law; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of these

amendments would be contrary to public interest and the process and requirements of the

Legislative Procedures Act cannot be completed in time to allow the proposed

amendments to be adopted and implemented prior to the April 15, 2023, caucus and the

July 15, 2023 General Election; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency

amendment to the Election Law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Election Law for the 2023 General Election

Summary

This resolution adopts emergency amendments to the Election law ensure the 2023 General

Election and its pre-election activities can be conducted in an efficient and lawful manner.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: February 16, 2023

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Election law. The Election law governs the

procedures for the conduct of orderly elections of the Nation, including pre-election activities such

as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendments to the Election law

will:

 Allow any eligible member of the Nation to apply to be placed on the ballot for an election

by submitting an official application form to the Nation’s Secretary or designated agent,

instead of requiring an individual to petition to be placed on the ballot by obtaining ten (10)

signatures of qualified voters. [1 O.C. 102.6-3]; and

 Reduce the number of Election Board members required to sign the election totals from six

(6) to three (3). [1 O.C. 102.10-2].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

necessary for the immediate preservation of the public health, safety, or general welfare of the

Reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].

The 2023 General Election is scheduled for July 15, 2023, with a caucus scheduled for April 15,

2023. The Oneida Election Board requested emergency amendments to the Election law to ensure

that the 2023 General Election can be conducted in an efficient and lawful manner.

Section 102.6-3 of the Law provides that any eligible member of the Nation not nominated at the

caucus is able to file a petition with no less than ten (10) signatures of qualified voters to be placed

on an election ballot. Allowing an eligible member of the Nation to apply to be placed on the ballot

for an election instead of requiring a person to petition to be placed on the ballot by obtaining ten

(10) signatures of qualified voters to create a more efficient and expedient application process, as

well as eliminate the burden of public health and safety concerns as a result of a heightened cold,

flu, and COVID-19 season. As a result of the COVID-19 virus, in accordance with the authority

granted to the OBC under the Emergency Management law, on March 12, 2020, Chairman Tehassi

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Hill signed a Declaration of Public Health State of Emergency which set into place the necessary

authority, should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The

Public Health State of Emergency has since been extended to March 19, 2023, through BC-03-2620-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21D, and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC01-12-22-B, BC-03-23-22-A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, and BC-10-2622-H. [3 O.C. 302.8-2]. This Public Health State of Emergency may be extended while the Nation

continues dealing with the effects of the COVID-19 virus.

Section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members sign the

election totals of machine counted ballots, which shall include the tape signed by the members of

the Nation before the polls were opened per section 102.9-3(a). The reduction of the number of

Election Board members required to sign the election totals from six (6) to three (3) was made due

to the Election Board’s concern that there will not be enough Election Board members to meet the

original requirement for six (6) members.

The resolution provides that the emergency amendment to the Election law is necessary for the

preservation of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in an efficient and lawful manner in accordance with the requirements of the

Election law. Additionally, observance of the requirements under the LPA for the adoption of the

amendment to the Election law would be contrary to public interest and the process and

requirements of the Legislative Procedures Act cannot be completed in time to allow the proposed

amendments to be adopted and implemented prior to the April 15, 2023, caucus and the July 15,

2023 General Election.

The adoption of the emergency amendment to the Election law will take effect immediately upon

adoption by the Oneida Business Committee. The emergency amendment to the Election law will

remain effective for six (6) months. The LPA provides the possibility to extend the emergency

amendment for an additional six (6) months, or until the emergency amendment expires or is

permanently adopted. [1 O.C. 109.9-5(b)].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Emergency Draft 1

2023 03 08

ELECTION LAW EMERGENCY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

 Allow any eligible member of the Nation to apply to be placed on the

Proposed Amendments

ballot for an election by submitting an official application form to the

Nation’s Secretary or designated agent, instead of requiring an

individual to petition to be placed on the ballot by obtaining ten (10)

signatures of qualified voters. [1 O.C. 102.6-3]; and

 Reduce the number of Election Board members required to sign the

election totals of machine counted ballots from six (6) to three (3)

members. [1 O.C. 102.10-2].

Purpose

To govern the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [1 O.C.

102.1-1]

Affected Entities

Oneida Nation Election Board.

Public Meeting

A public meeting is not required for emergency legislation. [1 O.C. 109.81(b) and 109.9-5(a)].

Fiscal Impact

A fiscal impact statement is not required for emergency legislation. [1 O.C.

109.9-5(a)].

Expiration of Emergency Emergency legislation expires six (6) months after adoption and may be

Legislation

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the

General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly

elections of the Nation. [1 O.C. 102.1-1].

B. Request for Emergency Amendments. On February 15, 2023, the Legislative Operating Committee

received a request from the Oneida Election Board to consider emergency amendments to the Election

law to ensure the 2023 General Election can be conducted in an efficient and lawful manner.

 The Nation’s 2023 General Election is scheduled for July 15, 2023. The caucus for the 2023

General Election is scheduled for April 15, 2023.

 Section 102.10-2 of the Election Law requires that at least six (6) Election Board members sign the

election totals on machine counted ballots. The Oneida Election Board provided that they do not

have enough Oneida Election Board members to meet the requirement of section 102.10-2. The

Oneida Election Board therefore made the request to amend the Election law on an emergency

basis to reduce the number of Oneida Election Board members who are required to sign the election

totals on machine counted ballots from six (6) to three (3).

 Then at the February 13, 2023, Oneida Election Board meeting the Election Board adopted a motion

“that applicants do not turn in a petition with their application, and to request an emergency

amendment to include that this request is due to the Public Health State of Emergency and due to

the efficiency of the election process.”

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

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Analysis to Emergency Draft 1

2023 03 08

The Legislative Operating Committee determined these amendments should be pursued on an

emergency basis for the immediate preservation of the general welfare of the Reservation

population.

SECTION 3. CONSULTATION AND OUTREACH

SECTION 4. PROCESS

•

Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

 Oneida Election Board.

B. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency legislation where legislation is necessary for the immediate

preservation of public health, safety, or general welfare of the Reservation population and enactment

or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].

 The emergency adoption of amendments to this Law are necessary for the preservation of the

general welfare of the Reservation population in order to ensure that the 2023 General Election can

occur in an efficient and lawful manner.

 Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest and the process and

requirements of the Legislative Procedures Act cannot be completed in time to allow the proposed

emergency amendments to be adopted and implemented prior to the April 15, 2023, caucus and the

July 15, 2023, General Election.

C. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

D. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of this Law.

E. The Legislative Operating Committee added these emergency amendments to the Active Files List on

February 15, 2023.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Application Process to be Placed on Ballot. In the currently effective version of the Law, any eligible

member of the Nation may petition to be placed on a ballot. [1 O.C. 102.6-3]. Each petitioner not

nominated at the caucus, or an individual nominated at the caucus but not present to accept the

nomination, is required to file a petition form containing the signatures of at least ten (10) qualified

voters as well as the endorsee’s printed name and address, date of birth, Oneida Nation enrollment

number. A qualified voter is an enrolled member of the Nation who is eighteen (18) years of age or

older. [1 O.C. 102.3-20]. The proposed amendments to the Law remove the requirement for an eligible

member of the Nation to petition to be placed on the ballot and obtain signatures, and instead simply

requires that in order to be placed on the ballot an eligible member submits an application form that

consists of information that satisfies the minimum requirements for eligible candidates as described in

section 102.5-2 of the Law. [1 O.C. 102.6-3(a)-(b)]. Obtaining signatures of qualified voters is no

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Analysis to Emergency Draft 1

2023 03 08

longer required. The requirement that applications be presented to the Nation’s Secretary, or designated

agent, during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to

close of business five (5) business days after the caucus remains the same as the current deadline for

petitions. [1 O.C. 102.6-3(c)]. The location to drop-off petitions applications shall be identified in the

mailing identifying the caucus date. Id. The proposed emergency amendments provide that the Nation’s

Secretary is then responsible for forwarding all applications to the Election Board Chairperson the next

business day following the close of application submissions, as is currently provided for in the Law for

petitions. [1 O.C. 102.6-3(d)].

 Effect. The caucus for the 2023 General Election is scheduled for April 15, 2023. Allowing an

eligible member of the Nation to apply to be placed on the ballot for an election instead of requiring

a person to petition to be placed on the ballot by obtaining ten (10) signatures of qualified voters

creates a more efficient and expedient application process, as well as eliminates the burden of public

health and safety concerns as a result of a heightened cold, flu, and COVID-19 season. All

applications to be placed on the ballot will be due to the Nation’s Secretary by Friday, April 21,

2023.

 As a result of the COVID-19 virus, in accordance with the authority granted to the OBC under the

Emergency Management law, on March 12, 2020, Chairman Tehassi Hill signed a Declaration of

Public Health State of Emergency which has since been extended to March 19, 2023, through BC03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A,

BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-1021-D, and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F,

BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, and BC-1026-22-H, and may be extended while the Nation continues dealing with the effects of the COVID19 virus

B. Election Board Members Signature on Machine Counted Ballots. The proposed amendments lower

the number of Oneida Election Board members that are required sign the election totals for machine

counted ballots, which includes the tape signed by the members of the Nation before the polls were

opened, from six (6) to three (3). [1 O.C. 102.10-2].

 Effect. This emergency amendment was made to the Law based on the Election Board’s concern

that there will not be enough Election Board members to meet the original requirement of section

102.10-2 for six (6) members to sign the election totals. The Election Board has provided that

applications for the alternate positions have not yet been received, and although the Election Board

will be reaching out to the people that were alternates for the 2022 Special Election, there are

tentatively three (3) Election Board members that will have recuse themselves for the 2023 General

Election.

100

101

102

103

104

105

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

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107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

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Analysis to Emergency Draft 1

2023 03 08

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of these proposed emergency amendments would conform with the

requirements of the Legislative Procedures Act.

137

SECTION 7. OTHER CONSIDERATIONS

138

A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law

139

expires six (6) months after adoption. The emergency legislation may be renewed for an additional six

140

(6) month period.

141

 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

142

amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

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this Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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102.1.

102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

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Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and

emergency amended by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

102.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

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102.3-6. “Candidate” shall mean a petitioner or nominee or applicant for an elected position whose

name is placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

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

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

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Section A. Establishment, Composition and Election

102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this

law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.

102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be

elected to terms of three (3) years, not to exceed two (2) consecutive terms.

102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an

Election Board member in any pre-election, election day, or post-election activities while he or

she is an petitioner, applicant or candidate in any election or there is otherwise a conflict of interest.

102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member

who is removed from the Election Board shall be ineligible to serve on the Board for three (3)

years from the time he or she is removed from the Election Board.

102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the

Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed

to correspond with the pre-election activities and the needs of the Election Board.

102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.

102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to

the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.

102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in

the By-laws of the Election Board, to preside over the meetings. This selection shall be carried

out at the first meeting of the Election Board following an election. The Chairperson shall then

ask the Election Board to select a Vice-Chairperson and Secretary.

Section B. Duties of the Election Board

102.4-9. The Election Board shall have the following duties, along with other responsibilities listed

throughout this law.

(a) The Election Board shall be in charge of all registration and election procedures; and

(b) Upon completion of an election, the Election Board shall make a final report on the

election results as set out in this law.

Section C. Specific Duties of Officers and Election Board Members

102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to

being present at all Election Board meetings and assisting the handicapped through the voting

process, are as set out herein:

(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing

body for applicants found to be ineligible in accordance with 102.5-6 in the event of an

appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust

Enrollment Department personnel when their election day duties are complete; and shall

post and report election results.

(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.

Secretary, other Election Board members and the public as required in the Open Records

and Open Meetings Law.

(d) Clerks: Shall implement the requirements of identifying and registering all voters and

determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment

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Department personnel in the registration process, and assist the Chairperson as directed in

conducting the election. Clerks cannot be currently employed by the Trust Enrollment

Department.

(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as

determined by this law. Shall assist the Chairperson in conducting the election.

(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted

under this law. In case of disputes among Election Board members, or between members

of the Nation and Election Board members, or any controversy regarding voter eligibility,

the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall

also ensure that all ballots of voters whose eligibility may be in question, remain

confidential.

Section D. Compensation Rates

102.4-11. Election Board members are to be compensated at an hourly rate when conducting

elections as provided for in the Election Board’s bylaws as approved by the Business Committee.

The Election Board shall have a budget, approved through the Nation’s budgeting process.

102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be

compensated at their regular rate of pay out of their respective budgets.

102.5. Candidate Eligibility

Section A. Requirements

102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section

in order to become a candidate.

102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:

(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.

(b) be a qualified voter on the day of the election.

been nominated or for which they have petitionedapplied. Proof of residency may be

through one (1) or more of the following:

(1) a valid Wisconsin driver’s license;

(2) a bill or pay check stub showing name and physical address of the candidate

from the prior or current month;

(3) another form of proof that identifies the candidate and that the candidate has

physically resided at the address and identifies that address as the primary

residence.

102.5-3. No applicant may have a conflict of interest with the position for which they are being

considered, provided that any conflict of interest which may be eliminated within thirty (30)

calendar days of being elected shall not be considered as a bar to nomination or election.

102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be

filed by presenting the information to the Nation’s Secretary, or designated agent, during normal

business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday, within five (5) business days after

the caucus. No mailed, internal Nation mail delivery, faxed or other delivery method shall be

accepted.

102.5-5. The names of the candidates and the positions sought shall be a public record and made

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available to the public upon the determination of eligibility by the Election Board or the Board’s

designated agent.

Section B. Eligibility Review

102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.

At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall

select the hearing body. The hearing shall be held within two (2) business days of receipt of the

appeal. The applicant shall be notified by phone of time and place of the hearing. The decision

of the hearing body shall be sent via certified mail or hand delivery within two (2) business days

of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the

Judiciary on an accelerated schedule.

102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to

verify eligibility. Any applicant found to be ineligible for a nominated or petitioned an applied for

position shall be notified by certified mail return receipt requested. The notice shall provide the

following information:

(a) Position for which they were considered

(b) Qualification of the position and citation of the source. (Copies of source may be

attached.)

(d) That the applicant has two (2) business days from notification to make an appeal.

Appeals must be filed at the location designated on the notice by hand delivery. The

location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or

other delivery method will be accepted.

Section C. Campaign Financing

102.5-8. Contributions:

(a) Solicitation of Contributions by Candidates.

(1) Candidates shall only accept contributions from individuals who are members

of the Nation or individuals related by blood or marriage to the candidate.

Candidates may not accept contributions from any business, whether sole

proprietorship, partnership, corporation, or other business entity.

(2) Candidates shall not solicit or accept contributions in any office or

business/facility of the Nation.

(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

102.5-9. Campaign Signs and Campaigning:

(a) Placement of campaign signs:

(1) Campaign signs shall not be posted or erected on any property of the Nation

except for private property with the owner/tenant’s permission.

(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum

of seven (7) such signs may be placed on a building or on a lot.

(3) No campaign sign shall project beyond the property line into the public right

of way.

(b) Removal of campaign signs. All campaign signs shall be removed within five (5)

business days after an election.

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during work hours. The Nation’s employees shall be subject to disciplinary action under

the personnel policies and procedures for political campaigning during work hours.

(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign

signs that are not in compliance with this law, in accordance with the Zoning and Shoreland

Protection Law.

(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

Section D. Candidate Withdrawal

102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by

the candidate prior to submission of the ballot for printing to any Election Board member,

excluding alternates.

102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the

election by submitting in writing a statement indicating they are withdrawing from the election

prior to the opening of the polls to any Election Board member, excluding alternates. This

statement shall be posted alongside any sample ballot printed prior to the election in the newspaper

or any posting at the polling places.

102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the

Election Board members in charge of the polling place, to be removed from the ballot. The written

statement shall be posted next to any posted sample ballot.

102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from

which they have withdrawn regardless of the number of votes cast for that candidate. A written

statement shall be considered the only necessary evidence of withdrawal and acceptance of denial

of any position withdrawn from.

102.5-14. Candidate Withdrawal After Winning an Election.

(a) In the event a candidate declines an office after winning an election, the Election Board

shall declare the next highest vote recipient the winner. This procedure shall be repeated

as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

102.6. Selection of Candidates

Section A. Setting of Caucus

102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.

The caucus for the general election shall be held at least ninety (90) calendar days prior to the

election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior

to the election date. In a general election year, caucuses shall be combined so that candidates for

the Business Committee and elected boards, committees and commissions are nominated at the

same caucus.

102.6-2. The procedures for the caucus shall be as follows:

(a) Candidates shall be nominated from the floor.

(b) Candidates present at the caucus will accept/decline their nomination at the caucus.

Candidates nominated at the caucus, but not present to accept the nomination, shall be

required to follow the petition application process.

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Treasurer, Secretary, Council Member and other elected positions as required by by-laws

or creating documents of a board, committee, or commission.

Section B. PetitionApplication

102.6-3. Any eligible member of the Nation may applypetition to be placed on a ballot according

to the following procedures:

(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s

original signatures; photocopies shall not be acceptedApplicants .

(b) Petitioners shall use an official petition application form as designated by this law

which may be obtained in the Office of the Nation’s Secretary or from the mailing for

that caucus.

(cb) The petition application form shall consist of each endorsee’s:

(1) printed name and address;

(2) date of birth;

(3) Oneida Nation Enrollment Number; and

(4) signature.

(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as

defined under this lawinformation that satisfies the minimum requirements for eligible

candidates. as described in section 102.5-2 of this law..

(ec) Petitions Applications shall be presented to the Nation’s Secretary, or designated

agent, during normal business hours, 8:00 to 4:30 Monday through Friday, but no later

than prior to close of business five (5) business days after the caucus. The location to

drop-off petitions applications shall be identified in the mailing identifying the caucus

date.

(fd) The Nation’s Secretary shall forward all petitions applications to the Election

Board Chairperson the next business day following the close of petition application

submissions.

(g) The Election Board shall have the Trust Enrollment Department verify all

signatures contained on the petition.

102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a

judicial court or commission, shall not run for more than one (1) elective office or seat per election.

102.7. Notice of Polling Places

102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of

the polling places and the time the polls will be open. This notice shall also be posted in an easily

visible position, close to the entrance of the Nation’s businesses/facilities.

102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the

election, and shall remain posted until the poll closes on the day of the election.

102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation

members, stating the time and place of the election and a sample of the ballot, no less than ten (10)

calendar days prior to the election, through a mass mailing. The Trust Enrollment Department

shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior

to the requested mailing.

102.7-4. Notice of the election shall be placed in the Nation’s newspaper.

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102.8. Registration of Voters

Section A. Requirements

102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years

of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the

Oneida Nation Constitution.

Section B. Identification of Voters

102.8-2. All voters must present one of the following picture identifications in order to be able to

vote:

(a) Oneida Nation I.D.

(b) Drivers License.

Section C. Registration Procedures

102.8-3. Voters shall physically register, on the day of the election, at the polls.

102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment

with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election

Officials during the voting period.

102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration

Form containing the voter’s following information:

(a) name and maiden name (if any);

(b) current address;

(d) enrollment number.

Section D. Qualification/Verification of Voter Eligibility

102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,

the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with

the Trust Enrollment Department personnel who are registering voters, to decide the voting

member’s eligibility currently being questioned and shall make such decisions from the facts

available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation

Constitution, Article III Section 2, to vote in the Nation’s elections.

102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be

placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of

the voter shall be written next to a numbered list which corresponds to the numbered and sealed

envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box

413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they

desire to challenge the decision made by the Election Officials. The Election Board shall make a

final decision, within five (5) business days of receiving the appeal and shall report this decision

in the final report sent to the Oneida Business Committee.

102.9. Election Process

Section A. Polling Places and Times

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102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections

shall be held in the month of July on a date set by the General Tribal Council. The General Tribal

Council shall set the election date at the January annual meeting, or at the first GTC meeting held

during a given year. Special Elections shall be set in accordance with 102.12-6.

102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election

Board.

102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line

to vote at 7:00 p.m. shall be allowed to vote.

(a) If a ballot counting machine is used, the ballot counting machine shall be prepared

prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four

(4) members of the Nation verify, through signature on the tape, the ballot box is empty

and the ballot counting machine printer tape has a zero (0) total count.

102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,

and until the counting of ballots is completed, and tentative results posted.

102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such

that there is an area with at least two sides and a back enclosure.

102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of

the voting area, excluding private property.

102.9-7. No one causing a disturbance shall be allowed in the voting area.

102.9-8. Election Board members may restrict the voting area to qualified voters only. This

restriction is in the interest of maintaining security of the ballots and voting process.

Section B. Ballot Box

102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and

shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,

the ballots may be placed within the ballot counting machine as they are received.

Section C. Spoiled Ballots

102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.

102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials

and placed in an envelope marked as "Spoiled Ballots."

102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)

calendar days following finalization of any challenge of the election, at the Records Management

Department.

Section D. Rejected Ballots

102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.

(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the

authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final

computer total, provided that, a new ballot was not received as set out in sections 102.9-10

through 102.9-12.

(b) Ballots rejected, either during the computer process or during a manual counting, shall

be reviewed by the Election Officials to verify that they are authentic. If the Election

Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the

ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”

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102.10. Tabulating and Securing Ballots

Section A. Machine Counted Ballots

102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate

from the ballot counting machine copies of the election totals from the votes cast.

102.10-2. At least six (6three (3) Election Board members shall sign the election totals, which

shall include the tape signed by the members of the Nation before the polls were opened per section

102.9-3(a).

Section B. Manually Counted Ballots

102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the

ballot box and remove the ballots.

102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall

be secured in a sealed container for transportation to the ballot counting location. The sealed

ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election

Officials for counting/tallying of ballots.

102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and

witnessed/monitored by an Oneida Police Officer.

102.10-6. Ballots must be counted by two different Election Officials until two final tallies are

equal in back to back counting. Final tallies shall be verified by the Election Judges.

Section C. Securing Ballots

102.10-7. The Judges shall place together all ballots counted and secure them together so that they

cannot be untied or tampered with without breaking the seal. The secured ballots, and the election

totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container

in such a manner that the container cannot be opened without breaking the seals or locks, or

destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,

the sealed container to the Records Management Department for retaining.

102.11. Election Outcome and Ties

Section A. Election Results Announcement

102.11-1. The tentative results of an election shall be announced and posted by the Election Board

within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain

the following statement:

"The election results posted here are tentative results. Final election results are forwarded

by the Oneida Election Board to the Oneida Business Committee via a Final Report after

time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer”

102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s

newspaper, the tentative results of an election.

Section B. Tie

102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to

determine the outcome of an election, the Election Board shall conduct an automatic recount of

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the votes for each candidate receiving the same number of votes. Any recount conducted shall be

the only recount allowed for the tied candidates.

102.11-4. For Business Committee positions, a run-off election between the candidates with the

same number of votes shall be held if there remains a tie after the recount. Said run-off election

shall be held within twenty one (21) calendar days after the recount. For all other positions, if

there remains a tie after the recount, the Election Board shall decide the winner of the tied positions

at least two (2) business days after, but no more than five (5) business days after the recount

through a lot drawing, which shall be open to the public.

(a) The Election Board shall notify each of the tied candidates and the public of the date,

time, and place of the drawing at least one (1) business day before the drawing. Notice to

the tied candidates shall be in writing. Notice to the public shall be posted by the Election

Board in the prominent locations.

(b) On the date and at the time and place the drawing was noticed, the Election Board

Chairperson shall clearly write the name of each tied candidate on separate pieces of paper

in front of any witnesses present. The pieces of paper shall be the same, or approximately

the same, color, size, and type. The papers shall be folded in half and placed in a container

selected by the Election Board Chairperson.

from the container. The candidate whose name is drawn from the container first shall be

declared the winner. An Election Board member other than the Chairperson shall remove

the remaining pieces of paper from the container and show them to the witnesses present.

Section C. Recount Procedures

102.11-5. A candidate may request the Election Board to complete a recount, provided the margin

between the requesting candidate’s vote total and vote total for the unofficial winner was within

two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is

greater. A candidate requests a recount by hand delivering a written request to the office of the

Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.

Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact

the Election Board Chairperson by the next business day after the request for recounts.

102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the

request regarding the results of the recount. Provided that, no recount request need be honored

where there have been two (2) recounts completed as a result of a request either as a recount of the

whole election results, or of that sub-section.

102.11-7. All recounts shall be conducted manually with, if possible, the original Election

Officials and Oneida Police Officer present, regardless of the original type of counting process.

Manual recounts may, at the discretion of the Election Officials, be of the total election results, or

of the challenged sub-section of the election results.

102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed

container with the ballots from the Records Management Department and transporting it to the

ballot recounting location.

102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three

(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election

Board Chairperson and an Oneida Police Officer shall witness the recount.

102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be

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counted until two (2) final tallies are equal in back to back counting and the total count of ballots

reconciles with the total count from the ballot counting machine. Sub-sections of candidates may

be recounted in lieu of a full recount.

(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be

counted twice by different persons and certified by the Judges.

(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior

to using an electronic ballot counting device, it shall be certified as correct either by the

maker, lessor of the machine, or Election Board.

Section D. Challenges and Declaration of Results

102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a

complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall

hear and decide a challenge to any election within two (2) business days after the challenge is filed.

Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after

the issuance of the lower body’s decision and decided within two (2) business days after the appeal

is filed.

(a) The person challenging the election results shall prove by clear and convincing

evidence that the Election Law was violated or an unfair election was conducted, and that

the outcome of the election would have been different but for the violation.

(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by

the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon

as the Election Law allows for a Special Election.

102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s

Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer. The Final Report shall consist of the following

information:

(a) Total number of persons voting.

(b) Total votes cast for each candidate by subsection of the ballot.

(d) List of candidates elected and position elected to.

(e) Number of spoiled ballots.

(f) Cost of the election, including the compensation paid to each Election Board member.

102.11-13. Declaration of Results. The Business Committee shall declare the official results of

the election and send notices regarding when the swearing in of newly elected officials shall take

place within ten (10) business days after receipt of the Final Report.

102.11-14. Candidates elected to the Business Committee shall resign from any salaried position

effective prior to taking a Business Committee oath of office

102.11-15. Except in the event of an emergency, as determined by the Business Committee,

newly elected officials shall be sworn into office no later than thirty (30) calendar days after the

official results of an election are declared by the Business Committee.

(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall

be considered vacant and the Election Board shall declare the next highest vote recipient

the winner. This procedure shall be repeated as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

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102.11-16. The Election Board shall send notice to the Records Management Department to

destroy the ballots thirty (30) calendar days after the election or after the final declaration of official

election results occurs, whichever is longer.

102.12. Elections

Section A. Primary Elections; Business Committee

102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty

(60) calendar days prior to the election.

102.12-2. There shall be a primary election for Business Committee positions whenever there are

three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.

(a) The two (2) candidates receiving the highest number of votes cast for each officer

position shall be placed on the ballot.

(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large

council member positions shall be placed on the ballot.

shall include all candidates where the tie exists.

102.12-3. The Election Board shall cancel the primary election if the Business Committee

positions did not draw the requisite number of candidates for a primary by the petitioning

application deadline set for the primary.

102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a

winner in the primary, the Election Board shall declare the next highest primary vote recipient the

primary winner. This procedure shall be repeated as necessary until the ballot is full or until there

are no available candidates. If the ballot has already been printed, the procedures for notifying the

Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to

print a notice in the Nation’s newspaper if time lines allow.

Section B. Special Elections

102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as

defined in this law, may be placed on the same ballot as the subject matter of an election.

102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business

Committee as recommended by the Election Board or as ordered by the Judiciary in connection

with an election challenge.

102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent

locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the

Special Election.

102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided

that no less than twenty-four (24) hours notice of the rescheduled election date is given to the

voters, by posting notices in the prominent locations.

Section C. Referendums

102.12-9. Registered voters may indicate opinions on any development, law or resolution,

proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special

referendum election.

(a) Referendum elections in which a majority of the qualified voters who cast votes shall

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be binding on the Business Committee to present the issue for action/decision at General

Tribal Council.

(b) Referendum requests may appear on the next called for election.

caucus prior to election, regarding issues directly affecting the Nation or general

membership.

Section D. Initiation of Special Elections

102.12-10. Special Elections may be initiated by a request or directive of the General Tribal

Council or the Oneida Business Committee.

102.12-11. Special Election may be requested by a member of the Nation to the Business

Committee or General Tribal Council.

102.12-12. All Special Elections shall follow rules established for all other elections. This includes

positions for all Boards, Committees and Commissions.

102.13. Oneida Nation Constitution and By-law Amendments

102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida

Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition

of qualified voters. The requirements for the Oneida Business Committee’s initiation of

Constitutional amendments are as provided in the Constitution and as further detailed in the

supporting standard operating procedures which the Oneida Business Committee shall adopt.

Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting

a petition to the Office of the Nation’s Secretary which includes the full text of the proposed

amendments and signatures that are equal in number to at least ten percent (10%) of all members

qualified to vote.

(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.

(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall

direct the Trust Enrollment Department to calculate the number of signatures currently

required for a petition submittal, which shall be ten percent (10%) of all members qualified

to vote on the date the petition form is requested from the Office of the Nation’s Secretary.

When the Nation’s Secretary receives the calculation from the Trust Enrollment

Department, the Nation’s Secretary shall provide the requester with the petition form and

the number of signatures that are currently required.

minimum of ninety (90) days prior to the election at which the proposed amendment is to

be voted upon. If a petition includes supporting materials in addition to the petition form,

each qualified voter signing the petition shall also acknowledge that the supporting

materials were available for review at the time he or she signed the petition by initialing

where required on the petition form.

(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment

Department for verification of signatures and to the Election Board to provide notice that

the petition may need to be placed on an upcoming ballot.

(e) If the petition is verified by the Trust Enrollment Department to contain signatures from

at least ten percent (10%) of all qualified voters, the Election Board shall make an official

announcement of the proposed amendments to the Oneida Nation Constitution at least sixty

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(60) days prior to the election at which the proposed amendments are to be voted on.

102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation

Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general

election. Provided that, the Oneida Business Committee or General Tribal Council may order a

special election be held to consider the proposed amendments. In such circumstances, the Election

Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the

next special election.

102.13-3. The Election Board shall publish any proposed amendments by publishing a sample

ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust

Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty

(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently

posted in each polling place and at administrative offices of the Nation and shall also be published

in official Oneida media outlets, which the Oneida Business Committee shall identify by

resolution. For the purposes of this section, Oneida administrative offices means the location

where the Oneida Business Committee conducts business.

102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of

the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall

ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a

true and impartial statement and is written in such a manner that does not create prejudice for or

against the proposed amendment.

102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed

amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that

amendment shall become part of the Constitution and By-laws, and shall abrogate or amend

existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission

of the final election report.

102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the

amendment receiving the highest affirmation vote prevails.

End.

Adopted - June 19, 1993

Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)

Presented for Adoption of 1997 Revisions - GTC-7-6-98-A

Amended- October 11, 2008 (General Tribal Council Meeting)

Amended-GTC-01-04-10-A

Amended – BC-02-25-15-C

Amended – GTC-04-23-17-A

Emergency Amended – BC-03-17-20-B

Emergency Amended – BC-05-13-20-H

Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election)

Emergency Amended – BC-04-28-21-B (Expired)

Emergency Amended – BC-07-13-22-E

Emergency Amended – BC-12-28-22-B

Emergency Amended – BC-__-__-__-__

1 O.C. 102 – page 15

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102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

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Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A, and

emergency amended by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

102.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

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102.3-6. “Candidate” shall mean a nominee or applicant for an elected position whose name is

placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

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

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

Section A. Establishment, Composition and Election

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102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this

law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.

102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be

elected to terms of three (3) years, not to exceed two (2) consecutive terms.

102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an

Election Board member in any pre-election, election day, or post-election activities while he or

she is an applicant or candidate in any election or there is otherwise a conflict of interest.