Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 05-11-22-C

Amendments to the Oneida Nation Gaming Ordinance

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 Oneida Nation Gaming Ordinance (“ONGO”) was adopted by the Oneida General

Tribal Council through resolution GTC-07-05-04-A; subsequently amended by the Oneida

Business Committee through the adoption of resolutions BC-10-06-04-D, BC-03-23-05-C,

BC-09-23-09-D, BC-06-24-14-B and BC-09-09-15-A; and most recently amended by the

Oneida Business Committee on an emergency basis through the adoption of resolutions

BC-05-12-21-D and BC-11-10-21-A; and

WHEREAS,

the purpose of ONGO is to govern all Gaming Activities that occur on lands under the

jurisdiction of the Nation and all individuals or entities that engage in said Gaming Activities,

including those who provide goods or services to persons or entities engaged in Gaming

Activities; and

WHEREAS,

section 501.9 of ONGO assigns certain responsibilities to the Gaming Security Department

(“Security”) that are meant to protect Gaming assets, patrons and Gaming Employees from

an activity, repeat activity or ongoing activities which could injure or jeopardize Gaming

assets, patrons and Gaming Employees; and

WHEREAS,

in late 2020, the Oneida Law Office raised concerns over a possible legal issue regarding

the placement of Security under the Oneida Police Department in section 501.9-1 of ONGO

that could expose the Nation to unnecessary litigation costs, regardless of merit; and

WHEREAS,

on May 12, 2021, the Oneida Business Committee adopted emergency amendments to

ONGO through the adoption of resolution BC-05-12-21-D that expeditiously disposed of

the issue by temporarily reassigning Security to the Oneida Business Committee so that

the Nation could explore a more appropriate option to permanently place it, without

worrying about the legal risks that existed under the status quo; and

WHEREAS,

the emergency amendments to ONGO were subsequently extended for an additional six

(6) month period by the Oneidas Business Committee through the adoption of resolution

BC-11-10-21-A; and

WHEREAS,

the emergency amendments to the Law are set to expire on May 12, 2022; and

BC Resolution # 05-11-22-C

Amendments to the Oneida Nation Gaming Ordinance

Page 2 of 3

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to ONGO for

consideration by the Oneida Business Committee; and

WHEREAS,

the amendments to ONGO remove Security as a department under the Oneida Police

Department within the Nation’s organizational structure; and

WHEREAS,

the amendments to ONGO eliminate the Executive Director position within the Oneida

Gaming Commission and instead provide that the Oneida Gaming Commission, or

designee, shall be responsible for the hiring and managing of personnel of the

Commission; and

WHEREAS,

the amendments to ONGO make other make non-material changes to certain language

that will bring it up to date with the Nation’s current drafting practices; and

WHEREAS,

in the development of these amendments the Legislative Operating Committee

collaborated with the Oneida Law Office, Oneida Police Department, Internal Security

Department, Oneida Gaming Commission, Gaming Management, and the Oneida Police

Commission; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were completed for the amendments to ONGO; and

WHEREAS,

a public meeting on the proposed amendments to ONGO was not held in accordance with

the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was subsequently extended by the Oneida Business

Committee until May 23, 2022, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, 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, and

BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-1124-21-F, BC-01-12-22-B, and BC-03-23-22-A; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

Suspension of Public Meetings under the Legislative Procedures Act declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

on December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21B, Updating Public Gathering Guidelines During Public Health State of Emergency COVID-19, which superseded Oneida Business Committee resolution BC-08-13-21-A,

Setting Public Gathering Guidelines During Public Health State of Emergency - COVID-19,

and provided updated guidelines on holding meetings both indoors and outdoors; and

WHEREAS,

at the time the public comment period was scheduled by the Legislative Operating

Committee for the proposed amendments to ONGO the Nation did not yet meet the criteria

for holding an indoor public meeting as required by resolution BC-12-08-21-B; and

BC Resolution # 05-11-22-C

Amendments to the Oneida Nation Gaming Ordinance

Page 3 of 3

WHEREAS,

although an in-person public meeting was not held for the proposed amendments to

ONGO, the public comment period for the submission of written comments regarding the

proposed amendments to ONGO was held open until April 13, 2022, in accordance with

the Legislative Procedures Act as modified by the COVID-19 Core Decision Making Team’s

Suspension of Public Meetings under the Legislative Procedures Act declaration; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on April 20, 2022; and

NOW THEREFORE BE IT RESOLVED, the amendments to the Oneida Nation Gaming Ordinance are

hereby adopted and shall be effective on May 12, 2022.

BE IT FINALLY RESOLVED, the Oneida Business Committee shall be responsible for the supervision and

oversight of the Security Department, with the Security Department reporting directly to the Oneida

Business Committee per the process and schedule set by the Oneida Business Committee, until such a

time that the Oneida Nation Law Enforcement Ordinance can be amended to address the supervision of

the Security Department.

CERTIFICATION

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

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 6 members

were present at a meeting duly called, noticed and held on the 11th day of May, 2022; that the forgoing

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

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

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

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