Oneida Business Committee (2022)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
January 19, 2022
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public in accordance with Oneida
Business Committee resolution BC-12-08-21-B, Updating Public Gathering Guidelines During Public
Health State of Emergency - COVID-19.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. December 15, 2021 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Nation Arts Board Bylaws Amendments (pg. 3)
2. Oneida Nation Emergency Planning Committee Bylaws Amendments (pg. 29)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
December 15, 2021
9:00 a.m.
Present: David P. Jordan, Daniel Guzman King, Marie Summers, Jennifer Webster,
Excused: Kirby Metoxen
Others Present: Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Brooke
Doxtator, Lawrence Barton, Rhiannon Metoxen (Microsoft Teams), Justin Nishimoto (Microsoft
Teams), Rae Skenandore (Microsoft Teams), Amy Spears (Microsoft Teams), Michelle Braaten
(Microsoft Teams), Michelle Myers (Microsoft Teams), Barbara Webster (Microsoft Teams),
Debra Powless (Microsoft Teams), Patricia Garvey (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the December 15, 2021, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster.
Motion carried unanimously.
II.
Minutes to be Approved
1. December 1, 2021 LOC Meeting Minutes
Motion by Marie Summers to approve the December 1, 2021 LOC meeting minutes and
forward to the Oneida Business Committee for consideration; seconded by Daniel Guzman
King. Motion carried unanimously.
III.
Current Business
1. Budget Management and Control Law Amendments
Motion by Jennifer Webster to approve the updated draft, legislative analysis, and public
comment period notice, and forward the Budget Management and Control law amendments
to a public comment period to be held open until February 2, 2022; seconded by Marie
Summers. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Marie Summers to adjourn at 9:19 a.m.; seconded by Jennifer Webster. Motion
carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of December 15, 2021
Page 1 of 1
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ONEIDA
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r'\.
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
=DODDDD=
ONEIDA
Legislative Operating Committee
January 19, 2022
Oneida Nation Arts Board Bylaws
Amendments
Submission Date: 12/01/21
LOC Sponsor: Jennifer Webster
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
Summary: This item was added to the Active Files List on December 1, 2021 per the request
of the Oneida Nation Arts Board (“Board”) that amendments to the bylaws be developed to allow
an option for the payment of stipends, change the frequency of Board meetings, and update the
agenda’s order of business for conducting Board meetings.
12/1/21 LOC: Motion by Jennifer Webster to add the Oneida Nation Arts Board bylaws
amendments to the Active Files List with Jennifer Webster as the sponsor;
seconded by Marie Summers. Motion carried unanimously.
1/13/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman-King,
Clorissa Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon
Metoxen. This was a work meeting held though Microsoft Teams. The purpose of
the work meeting was to review the proposed amendments to the Oneida Nation
Arts Board Bylaws. The next step is to update the draft and legislative analysis in
accordance with the directives of the LOC and to add the updated materials to the
next LOC meeting agenda to approve and forward on to the Oneida Business
Committee for consideration of adoption.
Next Steps:
▪ Accept the Oneida Nation Arts Board Bylaws Amendments and Legislative Analysis.
▪ Forward the Oneida Nation Arts Board Bylaws Amendments to the Oneida Business
Committee for consideration.
A good mind. A good heart. A strong fire.
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ONEIDA NATION ARTS BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation Arts Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation Arts Board was established by the Oneida Business
Committee through adoption of resolution BC-8-4-93-A and expanded
upon by the Oneida Nation Arts Program – Dollars for Art Project Policies
law (“DAP Law”), adopted under resolution BC-09-13-00-C, as the entity
delegated authority to oversee and administer the Oneida Nation Arts
Program - Dollars for Arts Project.
1-3.
Authority.
(a)
Purpose. The Board was established to assist in the promotion of a
community that embraces art as a pathway to sovereignty, where
traditional
and contemporary arts are woven into the fabric of everyday
life and
embolden a sense of belonging. The Board was further
established to provide advisory guidance and support to the Oneida Nation
Arts Program (“ONAP”), and to oversee the Dollars for Arts Project
(“DAP”) in accordance with the DAP Law, the Wisconsin Regranting
Program guidelines, and any other governing program guidelines as may be
amended from time-to-time hereafter.
(b)
Powers and Duties. The powers and duties that have been delegated
to the Board include, but are not limited to, the following:
(1)
Advisory.
(A)
Advise and guide an impactful Oneida Nation Arts Program;
and
(B)
Serve as a sounding board and feedback loop to the ONAP
Director for matters related to the arts in the Oneida Nation.
(2)
Advocacy.
(A)
Participate in the arts through teaching, learning, sharing and
outreach;
(B)
Support artists in the community through support of and
participation in programs, events, arts groups and activities;
and
(C)
Report ONAP/DAP/Board activities and impact to the
Oneida Business Committee.
(3)
Evaluation.
(A)
Evaluate the ONAP by request of the ONAP Director; and
(B)
Provide support for determining impactful measures of
ONAP/DAP success.
(4)
Fiscal.
(A)
Approve policies and procedures for the overall
coordination
and administration of regrantingthe
Wisconsin Regranting Program and any other governing
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(5)
program guidelines as may be amended from time-to-time
hereafter;
(B)
Review and evaluate regranting annually;
(C)
Allocate DAP funds annually; and
(D)
Approve Fiscal Sponsorships.
Carry out all additional powers/duties delegated to the Board
through the DAP Law; Boards, Committees and Commissions law;
and any other governing laws, policies, rules and/or resolutions of
the Nation.
1-4.
Office.
The official mailing address of the Board shall be:
Oneida Nation Arts Board
P.O. Box 365
Oneida, WI 54155
1-5.
Membership. The members of the Board shall be its Directors and there are no members
who are not directors.
(a)
Number of Members. The Board shall consist of seven (7) members.
(b)
Appointed Members. Members of the Board shall be appointed by the
Oneida Business Committee in accordance with the Boards, Committees
and Commissions law for three (3) year terms.
(1)
Term Limits. Members of the Board shall serve no more than three
(3) consecutive three (3) year terms.
(2)
Board members shall remain in office until:
(A)
End of Term. A vacancy is effective as of 4:30 p.m. on the
last day of the month in which a member’s term ends.
(i)
Although a member’s term has expired, he or she
shall remain in office until a successor has been
sworn in by the Oneida Business Committee.
(B)
Resignation. A member may resign at any time verbally
during a Board meeting or by delivering written notice to the
Oneida Business Committee Support Office and the Board
Chairperson or Chairperson’s designee. The resignation is
deemed effective upon:
(i)
Deliverance of the written notice to the Oneida
Business Committee Support Office and to the Board
Chairperson or Chairperson’s designee; or
(ii)
Acceptance by Board motion of the member’s verbal
resignation.
(C)
Termination. Termination of a
member’s appointment shall
be in
accordance with the Boards, Committees and
Commissions
law.
(c)
Vacancies. Vacancies for any reason on the Board shall be filled for the
remainder of the term through appointment by the Oneida Business
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(d)
Committee in accordance with the Boards, Committees and Commissions
law.
(1)
The Board Chairperson shall provide the Oneida
Business
Committee with recommendations, by majority vote of the
members
in attendance at a Board meeting of an
established quorum, on
applicants for appointment bypursuant to the executive
sessionprocess set forth in which the
appointment is intended to be made.
Boards, Committees and Commissions law.
Qualifications. Board members shall meet the following qualifications:
(1)
A majority shall be enrolled members of the Oneida Nation;
(2)
Be at least eighteen (18) years of age;
(3)
Have an interest and/or experience in the arts, marketing, business,
government or nonprofit management; and
(4)
Shall not be an employee of the ONAP as of the date of application
for Board membership.
1-6.
Termination. Termination of a member’s appointment shall be carried out by the Oneida
Business Committee in accordance with the Boards, Committees and
Commissions law or any other law of the Nation governing the termination
of appointed officials.
(a)
The Board may make a recommendation to the Oneida Business Committee
for the termination of a member’s appointment based on the following:
(1)
The member accrues three (3) unexcused absences from Board
meetings within a one (1) year period; and/or
(A)
A Board member shall be deemed unexcused if he or she
fails to provide written notice of the absence to a Board
Officer at least thirty (30) minutes before the start of the
missed meeting.
(2)
The member violates any section of these bylaws and/or any
governing laws of the Nation.
(b)
Recommendations to the Oneida Business Committee for termination of a
member’s appointment shall be determined by a majority vote of the
members in attendance at a Board meeting of an established quorum.
1-7.
Trainings and Conferences. Members of the Board shall participate in mandatory Board
Orientation training where they will become knowledgeable in the process
of consensus decision-making and other subjects relevant to their positions.
Article II. Officers
2-1. Officers.
The Board shall have three (3) Officers: Chairperson, Vice-Chairperson and
Secretary.
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2-2.
Responsibilities of the Chairperson. The responsibilities, duties and limitations of the
Chairperson shall be as follows:
(a)
With the Secretary’s assistance, call meetings; develop meeting agendas;
and provide notice of meeting agendas, minutes, and documents in
accordance with the DAP Law, these bylaws, and the Open Records and
Open Meetings law.
(b)
Preside at all meetings of the Board and facilitate orderly discussions.
(c)
Receive, review and monitor all correspondence from the Board, present to
the Board and sign all correspondence approved by the Board.
(d)
Submit approved Board meeting minutes, with assistance from the Board
Secretary, to the Oneida Business Committee Support Office in accordance
with these bylaws and the Boards, Committees and Commissions law.
(e)
With the Secretary’s assistance, submit quarterly reports to the Oneida
Business Committee, as well as annual and semi-annual reports to the
Oneida General Tribal Council, pursuant to the Boards, Committees and
Commissions law, and submit any other reports that are required or
requested by the DAP Law, Oneida Business Committee or Oneida General
Tribal Council.
(f)
Attend, or designate a Board member to attend, the Oneida Business
Committee meeting where the Board’s quarterly report appears on the
agenda.
(g)
Appoint an appeals committee to review requests for reconsideration of
funding decisions in accordance with the DAP Law.
(h)
Perform any other duties assigned by a majority vote of the members in
attendance at a Board meeting of an established quorum.
2-3.
Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the
Vice-Chairperson of the Board shall be as follows:
(a)
Except for subsection (g), perform the Chairperson's duties under section
2-2 of these bylaws in the absence of the Chairperson.
(b)
Work with the Chairperson in all matters that concern the Board.
(c)
Oversee Board recruitment, Board development and membership terms
consistent with the Boards, Committees and Commissions law and the DAP
Law.
(d)
Notify the Oneida Business Committee Support Office of Board vacancies
in accordance with the Boards, Committees and Commissions law.
(e)
Perform other duties as assigned by a majority vote of the members in
attendance at a Board meeting of an established quorum.
2-4.
Responsibilities of the Secretary. The responsibilities, duties and limitations of the
Secretary of the Board shall be as follows:
(a)
Assist the Chairperson with calling meetings (regular and emergency);
developing meeting agendas; and providing notice of meeting agendas,
documentation and minutes, all in accordance with the DAP Law, these
bylaws, and the Open Records and Open Meetings law.
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(b)
(c)
(d)
(e)
(f)
(g)
Maintain the minutes, reports and correspondence of the Board, abiding by/
to the decisions of the Board and the Boards, Committees and Commissions
law.
Except for subsection (g), perform the Chairperson's duties under section 22 of these bylaws in the absence of the Chairperson and Vice-Chairperson.
(1)
The Secretary’s authority to call and/or preside over meetings of the
Board shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions become vacant before the end of their terms, the
Secretary shall be allowed to call Board meetings to fill the
vacancies and preside over those meetings for the sole
purpose of appointing new Officers, at which point the
Chairperson, or Vice-Chairperson in the absence of the
Chairperson, shall preside.
In accordance with section 2-2 of these bylaws, assist the Chairperson with
submitting quarterly reports to the Oneida Business Committee; annual and
semi-annual reports to the General Tribal Council; and any other reports
required/requested by the DAP Law, Oneida Business Committee or Oneida
General Tribal Council.
Ensure the Board meeting minutes are recorded in the proper format and
approved by the Board before submitting to the Oneida Business Committee
Support Office.
Assist the Chairperson with the submission of approved Board meeting
minutes to the Oneida Business Committee Support Office in accordance
with these bylaws and the Boards, Committees and Commissions law.
Perform other duties as assigned by majority vote of the members in
attendance at a Board meeting of an established quorum.
2-5.
Selection of Officers. The Officers shall serve terms of one (1) year and shall be nominated
and appointed by majority vote of the members in attendance at a Board
meeting of an established quorum that takes place prior to the beginning of
the new fiscal year.
(a)
Terms of office shall run from the beginning of October through September
of that same year.
(b)
No Officer shall serve for more than three (3) consecutive terms or hold
more than one (1) Officer position per Officer term.
(c)
Board members may be dismissed from their Officer positions by majority
vote of the members in attendance at a Board meeting of an established
quorum.
(d)
In the event of a vacancy in an Officer position, a successor shall be
appointed by majority vote of the members in attendance at a regular or
emergency Board meeting of an established quorum for the duration of the
unexpired term.
2-6.
Subcommittees & Ad Hoc Committees. Subcommittees and/or ad hoc committees may be
created or dissolved at any time by majority vote of the members in
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(a)
attendance at a Board meeting of an established quorum, so long as created/
dissolved in accordance with the Boards, Committees and Commissions
law.
Members of subcommittees and ad hoc committees shall not be eligible for
stipends unless authorized by the Board and a specific exception is made by
the Oneida Business Committee or the Oneida General Tribal Council.
2-7.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
LevelsThe levels of budgetary sign-off authority for the Board shall be as
set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing
Policies
and Procedures, for Area Directors/Enterprise Directors.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests, except as follows:.
(A)
TheUpon formal approval of a purchase by
the Board, the Oneida Business Committee Support Office shall
have
official budgetary sign-off
authority over requests for stipends, travel per diem
and business expense reimbursementthe Board.
(b)
The Board shall approve a member’s request to travel on its behalf by
majority vote of the members present at a regular or emergency Board
meeting of an established quorum.
2-8.
Personnel.
(a)
The Board shall not have the authority to hire personnel for its benefit.
Staff Designee. The Director of the ONAP shall be the Board’s Staff
Designee.
(1)
In the absence of all Board Officers, the Staff Designee shall assume
the responsibilities set forth in Article II of these bylaws that relate
to documenting, recording and reporting on behalf of the Board.
(2)
ONAP staff may be used to provide administrative support,
consistent with the Boards, Committees and Commissions law, to
the Board when needed.
Article III. Meetings
3-1. Regular Meetings. The regular meetings of the Board shall be held every second Tuesday
of the monthquarterly at the Community Education CenterOneida Nation
Arts Program Office located onat 1270 Packerland
Drive
in Green Bay, WI, commencing at 5:30 p.mor remotely, at a time to be determined so long
as notice is provided in accordance with these bylaws and the Open Records and Open
Meetings law.
(a)
(a)
The meeting date, time and location may be reviewed
by the Board and
changed from time-to-time as
deemed necessary by majority vote of the
members in attendance at a Board meeting of an established quorum
so long
as notice is provided to all members in writing and,
along with the public,
in
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(b)
(c)
3-2.
accordance with the Open Records and Open Meetings law, prior to the
implementation of a new date, time and/or location.
(1)
Regular meetings of the Board may not be held in June, July and
December to allow for those months to be dedicated to the Board’s
volunteer work.
(b)
Board meetings may be attended in person, by
telephone, through video
conferencing or through other
telecommunications so long as presence at
the meeting occurs
and is demonstrated in accordance with the Boards,
Committees
and Commissions law.
Prior to a scheduled meeting, notice of the meeting location, agenda, and
documents shall be forwarded by the Chairperson, with the
assistance of the
Secretary, in accordance with the DAP Law,
these bylaws, and the Open
Records and
Open Meetings law.
(1)
All Board members shall be provided email
notification of meeting
agendas
via
the
official Oneida Nation email address that was
provided to each member to conduct business
electronically on
behalf of the Board (“Official Email”).
(2)
Meeting minutes shall be approved by majority vote
of the members
in attendance at a Board
meeting of an established quorum and then
sent to
all Board members, via their Official Email addresses, as well
as to the Oneida Business Committee Support Office
in accordance
with these bylaws.
Emergency Meetings. An emergency meeting may be called to address urgent concerns
that affect the existence of the Board and require action that cannot wait
until the Board’s next scheduled meeting.
(a)
The Board shall attempt to use other means for urgent deadline-oriented
approvals, including e-polls, before calling an emergency meeting.
(b)
An emergency meeting may be called by the Chairperson upon at least
twenty-four (24) hours’ advance notice to all members of the Board.
(1)
Notice of emergency meetings shall be provided to all Board
members by telephone call and via email communication sent to
their Official Email address.
(2)
Notice of emergency meetings shall further be provided to all Board
members, as well as the public, in accordance with the Open
Records and Open Meetings law.
(c)
Within seventy-two (72) hours of an emergency meeting, the Board shall
provide the Nation’s Secretary with notice of the emergency meeting, the
reason for the meeting, and an explanation as to why the matter could not
wait until the next regular meeting.
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3-3.
Joint Meetings. There shall be no joint meetings held between the Board and the Oneida
Business Committee.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
(a)
Call to Order/Roll Call
(b)
Welcome
(c)
Approval of Agenda
(d)
Minutes (Review & Approve)
(b
(e)
Old Business
(cf)
New Business
(dg) Action
(a)
(e)
Minutes (Review & Approve)
(fh)
Adjourn/Roll Call
3-6.
Voting.
(a)
(b)
A quorum shall consist of no less than three (3) Board members, one (1) of
which shall be the Chairperson, Vice-Chairperson or Secretary; provided,
the Secretary is presiding over the meeting in accordance with section 2-4
(c) of these bylaws.
Decisions of the Board shall be based on a majority vote of its members in
attendance at a Board meeting of an established quorum.
The Chairperson shall be permitted to participate and vote in the same
manner as any other member of the Board.
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Vice-Chairperson shall serve as the Chairperson’s designee,
responsible for conducting e-polls in the Chairperson’s absence or
discretion.
Article IV. Expectations
4-1. Behavior of Members. Members of the Board are expected to adhere to all governing laws,
resolutions and policies of the Nation, including, but not limited to, the DAP
Law; the Boards, Committees and Commissions law; these bylaws and as
follows:
(a)
That, members of the Board are expected to agree to a Commitment to Serve
and annually re-commit to their responsibilities on the Board and to the
community.
(b)
That, Board members who find themselves unable to carry out the duties
and responsibilities of their role and abide by expected behaviors, agree to
resign their Board position to avoid enforcement under subsection (1) of
this section 4-1.
(1)
Enforcement. Any Board member found in violation of this section
who refuses to voluntarily resign may be subject to the following if
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agreed upon by majority vote of the members in attendance at a
Board meeting of an established quorum:
(A)
Board recommendation to the Oneida Business Committee
for termination of the member’s appointment in accordance
with the Boards, Committees and Commissions law or any
other law of the Nation governing the termination of
appointed officials.
(B)
Disciplinary action in accordance with any law of the Nation
governing sanctions and penalties for appointed officials.
4-2.
Prohibition of Violence. Board members are prohibited from engaging in or committing
any violent intentional act that inflicts, attempts to inflict, or threatens to
inflict emotional or bodily harm on another person, or damage to property.
4-3.
Drug and Alcohol Use. The use and/or consumption of alcohol or prohibited drugs by
Board members when acting in their official capacity is strictly forbidden.
(a)
Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics,
any other substances included in Schedules I though V under Section 812
of Title 21 of the United States Code, and prescription medication or overthe-counter medicine used in an unauthorized or unlawful manner.
4-4.
Social Media. Members of the Board shall comply with the Nation’s Social Media Policy
and their oath of office when using social media on behalf of or as a
representative of the Board.
4-5.
Conflict of Interest. All members of the Board are required to adhere to the Nation’s laws
and policies governing conflicts of interest.
(a)
No member shall apply or accept a position of employment for the Oneida
Nation Arts Program while serving as a member of the Board.
Article V. Stipends and Compensation
5-1. Stipends.
Members of the Dependent upon available budgeted funds, Board serve
voluntarily; thus, even ifmembers are eligible, shall not
be allowed to receive for the following OPTIONAL
stipends under, subject to these bylaws, the Boards, Committees and
Commissions law or, resolution BC-05-08-19-B1220-C titled, Amending
Resolution BC-09-26-18-DAmended Boards, Committees and
Commissions Law
Stipends, as may be further amended from time-to-time hereafter. :
(a)
One (1) quarterly optional meeting stipend, provided that:
(1)
A quorum was established;
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(2)
5-2.
The meeting of the established quorum lasted for a minimum of one
(1) hour; and
(3)
The Board member collecting the stipend was present for the entire
meeting as defined and demonstrated in accordance with the Boards,
Committees and Commissions law.
Compensation. Besides the travel, per diem and business expense reimbursement
authorized by the Boards, Committees and Commissions law, there are no
other forms of compensation that members are eligible to receive for the
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be consistently maintained in the format identified under
Article III, section 3-5, of these bylaws as the Order of Business.
6-2.
Minutes.
(b)
The Board’s meeting minutes shall be typed and in a consistent format
created by the Oneida Business Committee Support Office to generate the
most informative record, to include, but not be limited to, a summary of the
action requested/taken by the Board.
Meeting minutes shall be reviewed for accuracy and then approved at the
end of each meeting by a majority vote of the members present; provided,
a quorum is still in existence.
(1)
The minutes shall be submitted to the Oneida Business Committee
Support Office within seven (7) days of their approval.
6-3.
Attachments. Handouts, reports, memoranda, and the like shall be attached to their
corresponding minutes and agenda, maintained as a Board packet and filed
with the Oneida Business Committee Support Office to maintain in
accordance with the Open Records and Open Meetings law.
6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
member of the Oneida Business Committee who is its designated liaison.
(a)
All official correspondence of the Board, whether produced via email or in
writing (i.e. agendas, minutes, recordings, submissions, reports), shall be
copied to the liaison, as well as the liaison’s administrative support contact.
(b)
The Board and liaison shall further communicate when needed, the
frequency and method of which shall be as agreed upon by the Board and
the liaison, but not less than that required in any law or policy on reporting
developed by the Oneida Business Committee or the Oneida General Tribal
Council.
6-5.
Audio Recordings. All meetings of the Board shall be audio recorded using an available
device, supplied by the Oneida Business Committee Support Office or the
Board, that can be uploaded to digital file storage.
(a)
Audio recordings shall be submitted to the Oneida Business Committee
Support Office to be maintained alongside the Board’s meeting minutes in
accordance with the Open Records and Open Meetings law.
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(1)
Exception. Audio recordings of executive session portions of a
Board meeting shall not be required.
Article VII. Amendments
7-1. Amendments. Amendments to these bylaws shall be made by a majority vote of the
members in attendance at a regular or emergency Board meeting of an
established quorum; provided, proper notice of the proposed amendments
was furnished in accordance with these bylaws at a prior regular meeting.
(a)
Any amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other policy of the
Nation.
(b)
Amendments to these bylaws shall be approved by the Oneida Business
Committee before implementation.
(c)
These bylaws shall be reviewed no less than on an annual basis.
______________________________________________________________________________
Adopted – BC-02-28-96
Amended – BC-06-22-11
Amended – BC-10-09-19
These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee
at a duly called meeting held on Month Day, Year, by the Secretary of the Oneida Business
Committee’s signature.
Lisa Liggins, Secretary
Oneida Business Committee
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ONEIDA NATION ARTS BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation Arts Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation Arts Board was established by the Oneida Business
Committee through adoption of resolution BC-8-4-93-A and expanded
upon by the Oneida Nation Arts Program – Dollars for Art Project Policies
law (“DAP Law”), adopted under resolution BC-09-13-00-C, as the entity
delegated authority to oversee and administer the Oneida Nation Arts
Program - Dollars for Arts Project.
1-3.
Authority.
(a) Purpose. The Board was established to assist in the promotion of a
community that embraces art as a pathway to sovereignty, where traditional
and contemporary arts are woven into the fabric of everyday life and
embolden a sense of belonging. The Board was further established to
provide advisory guidance and support to the Oneida Nation Arts Program
(“ONAP”), and to oversee the Dollars for Arts Project (“DAP”) in
accordance with the DAP Law, the Wisconsin Regranting Program
guidelines, and any other governing program guidelines as may be amended
from time-to-time hereafter.
(b) Powers and Duties. The powers and duties that have been delegated to the
Board include, but are not limited to, the following:
(1)
Advisory.
(A)
Advise and guide an impactful Oneida Nation Arts Program;
and
(B)
Serve as a sounding board and feedback loop to the ONAP
Director for matters related to the arts in the Oneida Nation.
(2)
Advocacy.
(A)
Participate in the arts through teaching, learning, sharing and
outreach;
(B)
Support artists in the community through support of and
participation in programs, events, arts groups and activities;
and
(C)
Report ONAP/DAP/Board activities and impact to the
Oneida Business Committee.
(3)
Evaluation.
(A)
Evaluate the ONAP by request of the ONAP Director; and
(B)
Provide support for determining impactful measures of
ONAP/DAP success.
(4)
Fiscal.
(A)
Approve policies and procedures for the overall coordination
and administration of the Wisconsin Regranting Program
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(5)
and any other governing program guidelines as may be
amended from time-to-time hereafter;
(B)
Review and evaluate regranting annually;
(C)
Allocate DAP funds annually; and
(D)
Approve Fiscal Sponsorships.
Carry out all additional powers/duties delegated to the Board
through the DAP Law; Boards, Committees and Commissions law;
and any other governing laws, policies, rules and/or resolutions of
the Nation.
1-4.
Office.
The official mailing address of the Board shall be:
Oneida Nation Arts Board
P.O. Box 365
Oneida, WI 54155
1-5.
Membership. The members of the Board shall be its Directors and there are no members
who are not directors.
(a)
Number of Members. The Board shall consist of seven (7) members.
(b)
Appointed Members. Members of the Board shall be appointed by the
Oneida Business Committee in accordance with the Boards, Committees
and Commissions law for three (3) year terms.
(1)
Term Limits. Members of the Board shall serve no more than three
(3) consecutive three (3) year terms.
(2)
Board members shall remain in office until:
(A)
End of Term. A vacancy is effective as of 4:30 p.m. on the
last day of the month in which a member’s term ends.
(i)
Although a member’s term has expired, he or she
shall remain in office until a successor has been
sworn in by the Oneida Business Committee.
(B)
Resignation. A member may resign at any time verbally
during a Board meeting or by delivering written notice to the
Oneida Business Committee Support Office and the Board
Chairperson or Chairperson’s designee. The resignation is
deemed effective upon:
(i)
Deliverance of the written notice to the Oneida
Business Committee Support Office and to the Board
Chairperson or Chairperson’s designee; or
(ii)
Acceptance by Board motion of the member’s verbal
resignation.
(C)
Termination. Termination of a member’s appointment shall
be in accordance with the Boards, Committees and
Commissions law.
(c)
Vacancies. Vacancies for any reason on the Board shall be filled for the
remainder of the term through appointment by the Oneida Business
Committee in accordance with the Boards, Committees and Commissions
law.
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(1)
(d)
The Board Chairperson shall provide the Oneida Business
Committee with recommendations, by majority vote of the members
in attendance at a Board meeting of an established quorum, on
applicants for appointment pursuant to the process set forth in the
Boards, Committees and Commissions law.
Qualifications. Board members shall meet the following qualifications:
(1)
A majority shall be enrolled members of the Oneida Nation;
(2)
Be at least eighteen (18) years of age;
(3)
Have an interest and/or experience in the arts, marketing, business,
government or nonprofit management; and
(4)
Shall not be an employee of the ONAP as of the date of application
for Board membership.
1-6.
Termination. Termination of a member’s appointment shall be carried out by the Oneida
Business Committee in accordance with the Boards, Committees and
Commissions law or any other law of the Nation governing the termination
of appointed officials.
(a)
The Board may make a recommendation to the Oneida Business Committee
for the termination of a member’s appointment based on the following:
(1)
The member accrues three (3) unexcused absences from Board
meetings within a one (1) year period; and/or
(A)
A Board member shall be deemed unexcused if he or she
fails to provide written notice of the absence to a Board
Officer at least thirty (30) minutes before the start of the
missed meeting.
(2)
The member violates any section of these bylaws and/or any
governing laws of the Nation.
(b)
Recommendations to the Oneida Business Committee for termination of a
member’s appointment shall be determined by a majority vote of the
members in attendance at a Board meeting of an established quorum.
1-7.
Trainings and Conferences. Members of the Board shall participate in mandatory Board
Orientation training where they will become knowledgeable in the process
of consensus decision-making and other subjects relevant to their positions.
Article II. Officers
2-1. Officers.
2-2.
The Board shall have three (3) Officers: Chairperson, Vice-Chairperson and
Secretary.
Responsibilities of the Chairperson. The responsibilities, duties and limitations of the
Chairperson shall be as follows:
(a)
With the Secretary’s assistance, call meetings; develop meeting agendas;
and provide notice of meeting agendas, minutes, and documents in
accordance with the DAP Law, these bylaws, and the Open Records and
Open Meetings law.
(b)
Preside at all meetings of the Board and facilitate orderly discussions.
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(c)
(d)
(e)
(f)
(g)
(h)
Receive, review and monitor all correspondence from the Board, present to
the Board and sign all correspondence approved by the Board.
Submit approved Board meeting minutes, with assistance from the Board
Secretary, to the Oneida Business Committee Support Office in accordance
with these bylaws and the Boards, Committees and Commissions law.
With the Secretary’s assistance, submit quarterly reports to the Oneida
Business Committee, as well as annual and semi-annual reports to the
Oneida General Tribal Council, pursuant to the Boards, Committees and
Commissions law, and submit any other reports that are required or
requested by the DAP Law, Oneida Business Committee or Oneida General
Tribal Council.
Attend, or designate a Board member to attend, the Oneida Business
Committee meeting where the Board’s quarterly report appears on the
agenda.
Appoint an appeals committee to review requests for reconsideration of
funding decisions in accordance with the DAP Law.
Perform any other duties assigned by a majority vote of the members in
attendance at a Board meeting of an established quorum.
2-3.
Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the
Vice-Chairperson of the Board shall be as follows:
(a)
Except for subsection (g), perform the Chairperson's duties under section
2-2 of these bylaws in the absence of the Chairperson.
(b)
Work with the Chairperson in all matters that concern the Board.
(c)
Oversee Board recruitment, Board development and membership terms
consistent with the Boards, Committees and Commissions law and the DAP
Law.
(d)
Notify the Oneida Business Committee Support Office of Board vacancies
in accordance with the Boards, Committees and Commissions law.
(e)
Perform other duties as assigned by a majority vote of the members in
attendance at a Board meeting of an established quorum.
2-4.
Responsibilities of the Secretary. The responsibilities, duties and limitations of the
Secretary of the Board shall be as follows:
(a)
Assist the Chairperson with calling meetings (regular and emergency);
developing meeting agendas; and providing notice of meeting agendas,
documentation and minutes, all in accordance with the DAP Law, these
bylaws, and the Open Records and Open Meetings law.
(b)
Maintain the minutes, reports and correspondence of the Board, abiding by/
to the decisions of the Board and the Boards, Committees and Commissions
law.
(c)
Except for subsection (g), perform the Chairperson's duties under section 22 of these bylaws in the absence of the Chairperson and Vice-Chairperson.
(1)
The Secretary’s authority to call and/or preside over meetings of the
Board shall be limited as follows:
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(A)
(d)
(e)
(f)
(g)
In the event that both the Chairperson and Vice-Chairperson
positions become vacant before the end of their terms, the
Secretary shall be allowed to call Board meetings to fill the
vacancies and preside over those meetings for the sole
purpose of appointing new Officers, at which point the
Chairperson, or Vice-Chairperson in the absence of the
Chairperson, shall preside.
In accordance with section 2-2 of these bylaws, assist the Chairperson with
submitting quarterly reports to the Oneida Business Committee; annual and
semi-annual reports to the General Tribal Council; and any other reports
required/requested by the DAP Law, Oneida Business Committee or Oneida
General Tribal Council.
Ensure the Board meeting minutes are recorded in the proper format and
approved by the Board before submitting to the Oneida Business Committee
Support Office.
Assist the Chairperson with the submission of approved Board meeting
minutes to the Oneida Business Committee Support Office in accordance
with these bylaws and the Boards, Committees and Commissions law.
Perform other duties as assigned by majority vote of the members in
attendance at a Board meeting of an established quorum.
2-5.
Selection of Officers. The Officers shall serve terms of one (1) year and shall be nominated
and appointed by majority vote of the members in attendance at a Board
meeting of an established quorum that takes place prior to the beginning of
the new fiscal year.
(a)
Terms of office shall run from the beginning of October through September
of that same year.
(b)
No Officer shall serve for more than three (3) consecutive terms or hold
more than one (1) Officer position per Officer term.
(c)
Board members may be dismissed from their Officer positions by majority
vote of the members in attendance at a Board meeting of an established
quorum.
(d)
In the event of a vacancy in an Officer position, a successor shall be
appointed by majority vote of the members in attendance at a regular or
emergency Board meeting of an established quorum for the duration of the
unexpired term.
2-6.
Subcommittees & Ad Hoc Committees. Subcommittees and/or ad hoc committees may be
created or dissolved at any time by majority vote of the members in
attendance at a Board meeting of an established quorum, so long as created/
dissolved in accordance with the Boards, Committees and Commissions
law.
(a)
Members of subcommittees and ad hoc committees shall not be eligible for
stipends unless authorized by the Board and a specific exception is made by
the Oneida Business Committee or the Oneida General Tribal Council.
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2-7.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
The levels of budgetary sign-off authority for the Board shall be as set forth
in the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing
Policies and Procedures, for Area Directors/Enterprise Directors.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests.
(A)
Upon formal approval of a purchase by the Board, the
Oneida Business Committee Support Office shall have official
budgetary sign-off authority for the Board.
(b)
The Board shall approve a member’s request to travel on its behalf by
majority vote of the members present at a regular or emergency Board
meeting of an established quorum.
2-8.
Personnel.
(a)
The Board shall not have the authority to hire personnel for its benefit.
Staff Designee. The Director of the ONAP shall be the Board’s Staff
Designee.
(1)
In the absence of all Board Officers, the Staff Designee shall assume
the responsibilities set forth in Article II of these bylaws that relate
to documenting, recording and reporting on behalf of the Board.
(2)
ONAP staff may be used to provide administrative support,
consistent with the Boards, Committees and Commissions law, to
the Board when needed.
Article III. Meetings
3-1. Regular Meetings. The regular meetings of the Board shall be held quarterly at the Oneida
Nation Arts Program Office located at 1270 Packerland Drive in Green Bay, WI, or
remotely, at a time to be determined so long as notice is provided in accordance with these
bylaws and the Open Records and Open Meetings law.
(a)
The meeting date, time and location may be reviewed by the Board and
changed from time-to-time as deemed necessary by majority vote of the
members in attendance at a Board meeting of an established quorum so long
as notice is provided to all members in writing and, along with the public,
in accordance with the Open Records and Open Meetings law, prior to the
implementation of a new date, time and/or location.
(b)
Board meetings may be attended in person, by telephone, through video
conferencing or through other telecommunications so long as presence at
the meeting occurs and is demonstrated in accordance with the Boards,
Committees and Commissions law.
(c)
Prior to a scheduled meeting, notice of the meeting location, agenda, and
documents shall be forwarded by the Chairperson, with the assistance of the
Secretary, in accordance with the DAP Law, these bylaws, and the Open
Records and Open Meetings law.
(1)
All Board members shall be provided email notification of meeting
agendas via the official Oneida Nation email address that was
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(2)
provided to each member to conduct business electronically on
behalf of the Board (“Official Email”).
Meeting minutes shall be approved by majority vote of the members
in attendance at a Board meeting of an established quorum and then
sent to all Board members, via their Official Email addresses, as well
as to the Oneida Business Committee Support Office in accordance
with these bylaws.
3-2.
Emergency Meetings. An emergency meeting may be called to address urgent concerns
that affect the existence of the Board and require action that cannot wait
until the Board’s next scheduled meeting.
(a)
The Board shall attempt to use other means for urgent deadline-oriented
approvals, including e-polls, before calling an emergency meeting.
(b)
An emergency meeting may be called by the Chairperson upon at least
twenty-four (24) hours’ advance notice to all members of the Board.
(1)
Notice of emergency meetings shall be provided to all Board
members by telephone call and via email communication sent to
their Official Email address.
(2)
Notice of emergency meetings shall further be provided to all Board
members, as well as the public, in accordance with the Open
Records and Open Meetings law.
(c)
Within seventy-two (72) hours of an emergency meeting, the Board shall
provide the Nation’s Secretary with notice of the emergency meeting, the
reason for the meeting, and an explanation as to why the matter could not
wait until the next regular meeting.
3-3.
Joint Meetings. There shall be no joint meetings held between the Board and the Oneida
Business Committee.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
Call to Order/Roll Call
(b)
Welcome
(c)
Approval of Agenda
(d)
Minutes (Review & Approve)
(e)
Old Business
(f)
New Business
(g)
Action
(h)
Adjourn/Roll Call
3-6.
Voting.
A quorum shall consist of no less than three (3) Board members, one (1) of
which shall be the Chairperson, Vice-Chairperson or Secretary; provided,
the Secretary is presiding over the meeting in accordance with section 2-4
(c) of these bylaws.
Decisions of the Board shall be based on a majority vote of its members in
attendance at a Board meeting of an established quorum.
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(a)
(b)
The Chairperson shall be permitted to participate and vote in the same
manner as any other member of the Board.
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Vice-Chairperson shall serve as the Chairperson’s designee,
responsible for conducting e-polls in the Chairperson’s absence or
discretion.
Article IV. Expectations
4-1. Behavior of Members. Members of the Board are expected to adhere to all governing laws,
resolutions and policies of the Nation, including, but not limited to, the DAP
Law; the Boards, Committees and Commissions law; these bylaws and as
follows:
(a)
That, members of the Board are expected to agree to a Commitment to Serve
and annually re-commit to their responsibilities on the Board and to the
community.
(b)
That, Board members who find themselves unable to carry out the duties
and responsibilities of their role and abide by expected behaviors, agree to
resign their Board position to avoid enforcement under subsection (1) of
this section 4-1.
(1)
Enforcement. Any Board member found in violation of this section
who refuses to voluntarily resign may be subject to the following if
agreed upon by majority vote of the members in attendance at a
Board meeting of an established quorum:
(A)
Board recommendation to the Oneida Business Committee
for termination of the member’s appointment in accordance
with the Boards, Committees and Commissions law or any
other law of the Nation governing the termination of
appointed officials.
(B)
Disciplinary action in accordance with any law of the Nation
governing sanctions and penalties for appointed officials.
4-2.
Prohibition of Violence. Board members are prohibited from engaging in or committing
any violent intentional act that inflicts, attempts to inflict, or threatens to
inflict emotional or bodily harm on another person, or damage to property.
4-3.
Drug and Alcohol Use. The use and/or consumption of alcohol or prohibited drugs by
Board members when acting in their official capacity is strictly forbidden.
(a)
Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics,
any other substances included in Schedules I though V under Section 812
of Title 21 of the United States Code, and prescription medication or overthe-counter medicine used in an unauthorized or unlawful manner.
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4-4.
Social Media. Members of the Board shall comply with the Nation’s Social Media Policy
and their oath of office when using social media on behalf of or as a
representative of the Board.
4-5.
Conflict of Interest. All members of the Board are required to adhere to the Nation’s laws
and policies governing conflicts of interest.
(a)
No member shall apply or accept a position of employment for the Oneida
Nation Arts Program while serving as a member of the Board.
Article V. Stipends and Compensation
5-1. Stipends.
Dependent upon available budgeted funds, Board members are eligible for
the following OPTIONAL stipends, subject to these bylaws, the Boards,
Committees and Commissions law, resolution BC-08-12-20-C titled,
Amended Boards, Committees and Commissions Law Stipends, as may be
further amended from time-to-time hereafter:
(a)
One (1) quarterly optional meeting stipend, provided that:
(1)
A quorum was established;
(2)
The meeting of the established quorum lasted for a minimum of one
(1) hour; and
(3)
The Board member collecting the stipend was present for the entire
meeting as defined and demonstrated in accordance with the Boards,
Committees and Commissions law.
5-2. Compensation. Besides the travel, per diem and business expense reimbursement
authorized by the Boards, Committees and Commissions law, there are no
other forms of compensation that members are eligible to receive for the
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be consistently maintained in the format identified under
Article III, section 3-5, of these bylaws as the Order of Business.
6-2.
Minutes.
(b)
6-3.
The Board’s meeting minutes shall be typed and in a consistent format
created by the Oneida Business Committee Support Office to generate the
most informative record, to include, but not be limited to, a summary of the
action requested/taken by the Board.
Meeting minutes shall be reviewed for accuracy and then approved at the
end of each meeting by a majority vote of the members present; provided,
a quorum is still in existence.
(1)
The minutes shall be submitted to the Oneida Business Committee
Support Office within seven (7) days of their approval.
Attachments. Handouts, reports, memoranda, and the like shall be attached to their
corresponding minutes and agenda, maintained as a Board packet and filed
with the Oneida Business Committee Support Office to maintain in
accordance with the Open Records and Open Meetings law.
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6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
member of the Oneida Business Committee who is its designated liaison.
(a)
All official correspondence of the Board, whether produced via email or in
writing (i.e. agendas, minutes, recordings, submissions, reports), shall be
copied to the liaison, as well as the liaison’s administrative support contact.
(b)
The Board and liaison shall further communicate when needed, the
frequency and method of which shall be as agreed upon by the Board and
the liaison, but not less than that required in any law or policy on reporting
developed by the Oneida Business Committee or the Oneida General Tribal
Council.
6-5.
Audio Recordings. All meetings of the Board shall be audio recorded using an available
device, supplied by the Oneida Business Committee Support Office or the
Board, that can be uploaded to digital file storage.
(a)
Audio recordings shall be submitted to the Oneida Business Committee
Support Office to be maintained alongside the Board’s meeting minutes in
accordance with the Open Records and Open Meetings law.
(1)
Exception. Audio recordings of executive session portions of a
Board meeting shall not be required.
Article VII. Amendments
7-1. Amendments. Amendments to these bylaws shall be made by a majority vote of the
members in attendance at a regular or emergency Board meeting of an
established quorum; provided, proper notice of the proposed amendments
was furnished in accordance with these bylaws at a prior regular meeting.
(a)
Any amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other policy of the
Nation.
(b)
Amendments to these bylaws shall be approved by the Oneida Business
Committee before implementation.
(c)
These bylaws shall be reviewed no less than on an annual basis.
These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee
at a duly called meeting held on Month Day, Year, by the Secretary of the Oneida Business
Committee’s signature.
Lisa Liggins, Secretary
Oneida Business Committee
447
448
449
Page 10 of 10
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Analysis to Proposed Draft
2022 01 19
Oneida Nation Arts Board
Bylaws Amendments Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Government
Administrative
Office
Intent of the
Bylaws
Purpose
Legislation Related
to these Bylaws
Enforcement/Due
Process
Public Meeting
Fiscal Impact
1
2
3
4
SPONSOR:
Jennifer A. Webster
DRAFTER:
Arts Board
ANALYST:
Carmen R. VanLanen
The Oneida Nation Arts Board bylaws were added to the Active Files List per the
request of the Government Affairs Office to amend the bylaws in accordance with
the Legislative Procedures Act as follows:
▪ To add language to state that the Board was established to oversee the Dollars
for Arts Project in accordance with Wisconsin Regranting Program
guidelines;
▪ To update the language to change “regranting” to “Wisconsin Regranting
Program”;
▪ To adjust the frequency and location of meetings;
▪ To update the Order of Business; and
▪ To allow Board Members to be eligible for one (1) quarterly optional meeting
stipend.
The Board was established to assist in the promotion of a community that embraces
art as a pathway to sovereignty, where traditional and contemporary arts are woven
into the fabric of everyday life and embolden a sense of belonging. The Board was
further established to provide advisory guidance and support to the Oneida Nation
Arts Program (“ONAP”), and to oversee the Dollars for Arts Project (“DAP”) in
accordance with the Oneida Nation Arts Program - Dollars for Arts Project Policies
(“DAP Law”) [Section 1-3(a)].
Oneida Nation Constitution, Boards, Committees and Commissions law, Oneida
Nation Arts Program – Dollars for Arts Project Policies, Travel and Expense Policy,
Conflict of Interest law, Social Media Policy, Open Records and Open Meetings
law, Vehicle Driver Certification and Fleet Management law
A member of the Board serves at the discretion of the OBC. Upon the
recommendation of a member of the OBC or majority vote of the Board [Section
1-6(b)], a member of the Board may have his or her appointment terminated by the
OBC. A two-thirds majority vote of the OBC shall be required to terminate the
appointment of an individual. The OBC’s decision to terminate an appointment is
final and not subject to appeal [1 O.C. 105-7-4].
Public meetings are not required for bylaws.
A fiscal impact statement is not required for bylaws.
SECTION 2. BACKGROUND
A. The Board’s bylaws amendments were added to the Active Files List on December 1, 2021 with
Jennifer A. Webster as the sponsor.
Page 1 of 4
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Analysis to Proposed Draft
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SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW
A. The bylaws comply with the Boards, Committees and Commissions law.
SECTION 4. AMENDMENTS
This section details the changes to the bylaws from the previously adopted bylaws.
• Article I. Authority
▪ Section 1-3(a). – Language was added to the proposed bylaws to state that the Arts Board was
established to oversee the Dollars for Arts Project in accordance with Wisconsin Regranting
Program guidelines [proposed bylaws 1-3(a)].
• Impact: The language now states that the Board was further established to provide advisory
guidance and support to the Oneida Nation Arts Program (“ONAP”), and to oversee the
Dollars for Arts project (“DAP) in accordance with the DAP Law, and Wisconsin Regranting
Program guidelines. A catchall was added to apply to all boards.
▪ Section 1-3(b)(4). – Fiscal. This section was revised to update the language to change
‘regranting’ to “Wisconsin Regranting Program” [proposed bylaws 1-3(b)(4)].
• Impact: The language now states that the powers and duties of the Board include approving
policies and procedures for the overall coordination and administration of Wisconsin
Regranting Program.
• Article III. Meetings
▪ Section 3-1. Regular Meetings. Under the current bylaws, meetings of the Board shall be held
every second Tuesday of the month at the Community Education Center [current bylaws 3-1].
This section was revised so that the regular meetings of the Board shall be held quarterly at the
Oneida Nation Arts Program Office, or via Teleconference provided that the presence of any
member attending a meeting virtually is demonstrated in accordance with the Boards,
Committees and Commissions law [proposed bylaws 3-1].
• Impact: Meetings of the Board shall be held quarterly at the Oneida Nation Arts Program
Office, or via Teleconference commencing, rather than monthly at the Community Education
Center. The updated draft originally changed the time of commencement from 5:30 p.m. to
5:00 p.m. but was removed by the LOC to allow for more flexibility. With the onset of the
COVID-19 pandemic, the Nation was forced to adjust many of its customary practices,
including the manner in which it holds meetings by hosting them virtually or with very
limited access to the public. This provision allows similar flexibility to the Arts Board to
allow for the same so long as the following occurs in compliance with the Boards,
Committees and Commissions law:
▪ The Arts Board demonstrates the presence of its members during a meeting by
taking roll call on the record at both the beginning and end of the meeting; and
▪ If an Arts Board member experiences a technological issue during the meeting
and it disrupts the member’s presence, he or she notifies the Arts Board of the
technological issue as soon as possible. [1 O.C. 105.13-3(c)-(d)].
▪ Section 3-5. Order of Business. Under the current bylaws, the Order of Business for Board
meetings is as follows: (a) Welcome, (b) Old Business, (c) New Business, (d) Action, (e) Minutes
(Review and Approve), (f) Adjourn [current bylaws 3-5]. This section was revised so that the
new Order of Business is as follows: (a) Call to Order/Roll Call, (b) Welcome, (c) Approval of
Agenda, (d) Minutes (Review and Approve), (e) Old Business, (f) New Business, (g)
Adjourn/Roll Call [proposed bylaws 3-5].
Page 2 of 4
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Analysis to Proposed Draft
2022 01 19
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Impact: Call to Order/Roll Call, Approval of Agenda, and Roll Call during the adjournment of
the meeting were added to the Order of Business. The Action portion of the meeting was
removed from the Order of Business, and the Minutes (Review and Approve) portion was
moved from e to d. The LOC accepted the changes to the chronology of the Order of Business
but opted to keep Action as part of the Order.
Article V. Stipends and Compensation
▪ Section 5-1. Stipends. Under the current bylaws, Board Members are not allowed to receive
stipends, even if eligible [current bylaws 5-1]. This section was revised to allow Board Members
to become eligible for optional stipends. Board Members would be eligible for one (1) quarterly
optional meeting stipend [proposed bylaws 5-1].
• Impact: This revision allows Board members to become eligible for optional stipends.
SECTION 5. RELATED LEGISLATION
There are no conflicts between these bylaws and the Oneida Code of Laws. Below is a detailed list of
laws that establish duties and requirements of the Board in addition to laws referenced in the bylaws.
A. Oneida Nation Constitution. The Constitution of the Oneida Nation contains a provision that allows
for the creation of committees for the proper conduct of tribal business of the Nation [Oneida Nation
Constitution, Article IV, Section 1(g)]. There are no conflicts between these bylaws and the Oneida
Nation Constitution.
B. Boards, Committees and Commissions [1 O.C. 105]. This law establishes all requirements related to
elected and appointed boards, committees and commissions of the Nation. The law governs the
procedures regarding the appointment and election of persons to boards, committees and commissions,
creation of bylaws, maintenance of official records, compensation, and other items related to boards,
committees and commissions. Board members are eligible for optional stipends [Proposed Bylaws 51] as set forth in and subject to the Arts Board bylaws, this law, and resolution BC-05-08-19-B titled
Amending Resolution BC-09-26-18-D Boards, Committees and Commissions Law Stipends, as may
be further amended from time-to-time hereafter. The requirements for entity bylaws are contained in
this law as well as a requirement that all existing entities of the Nation comply with the format detailed
in the law and present the bylaws for adoption by the OBC within a reasonable timeframe. The
proposed bylaws comply with and there are no conflicts with the Boards, Committees and Commissions
law.
C. Oneida Nation Arts Program – Dollars for Arts Project Policies [1 O.C. 128]. This law establishes
guidelines for the Nation’s Dollars for Arts Project which is regranted funds from the Wisconsin State
Arts Board. The law establishes the following requirements for the Board: approve the peer panel to
make formal decisions about grant applications, identify and adopt application review criteria prior to
funding cycle, approve panelists prior to granting cycle, one Board member is a non-voting member of
the peer panel and chair’s and facilitates the meeting, determine funding awards based on panel’s
decision and the Board Chair will appoint an appeals committee. The proposed bylaws comply and
there are no conflicts with the Oneida Nation Arts Program – Dollars for Arts Project Policies.
D. Travel and Expense Policy [2 O.C. 219]. Members of the Board are eligible to be reimbursed for travel
and per diem to attend a conference or training with Board approval. All travel must be authorized by
two (2) Officers in accordance with this law [2 O.C. 219.4-2] and the Boards, Committees and
Commissions law [1 O.C. 105.10-3(b)(6)(B)]. The proposed bylaws comply and there are no conflicts
with the Travel and Expense Policy.
Page 3 of 4
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Analysis to Proposed Draft
2022 01 19
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E. Conflict of Interest [2 O.C. 217]. This law applies to the Board and establishes specific limitations to
which information or materials that are confidential or may be used by a competitor of the Nation’s
enterprises or interests may be used to protect the interests of the Nation. The Boards, Committees and
Commissions law establishes that amended bylaws require members to disclose potential or real
conflicts annually [1 O.C. 105.10-3(d)(5) and 105.15]. This aligns with the Conflict of Interest law of
the Nation which allows for entities to outline further conflicts and prohibited activities resulting from
those conflicts of interest [2 O.C. 217.7-2]. Penalties for failure to disclose conflicts of interest include
termination of appointment in accordance with the Boards, Committees and Commissions law and
enforcement of any penalties in accordance with the laws of the Nation [2 O.C. 217.6-2 and 6-3]. The
proposed bylaws comply and there are no conflicts with the Conflict of Interest law.
F. Social Media Policy [2 O.C. 218]. This law applies to the Board and regulates the Nation’s social
media accounts, including how content is managed and who has authority to post on social media on
behalf of the Nation. Boards, committees and commissions must register social media accounts with
the Nation’s Secretary’s Office to include specific information related to access to the account,
acknowledgment and compliance with the Computer Resources Ordinance [2 O.C. 215.8] and this
policy, use a Nation issued email address, and ensure all content complies with all applicable laws of
the Nation, state or federal laws. The bylaws comply and there are no conflicts with the Social Media
Policy.
G. Open Records and Open Meetings [1 O.C. 107]. This law details how records must be maintained and
made available to the public and that meetings are open to the public unless specific criteria are met
which allow the meetings to be closed [1 O.C. 107.15 and 107.17]. Public notice of meetings is also
required by this law [1 O.C. 107.15-1]. The proposed bylaws comply and there are no conflicts with
the Open Records and Open Meetings law.
H. Vehicle Driver Certification and Fleet Management [2 O.C. 210]. The Board is considered an entity
[2 O.C. 210.3-1(g)] and individual members are considered officials [2 O.C. 210.3-1(j)] under this law
and are authorized to travel in the Nation’s vehicles. The law requires the Human Resources
Department or designee to ensure drivers, including Board members, are certified to drive a vehicle of
the Nation or a personal vehicle on Tribal business. The law requires Board members (officials) to
have written consent from the Board prior to being approved to use a Tribal vehicle [2 O.C. 210.61(b)(2)]. Certification includes providing the Human Resources Department with the appropriate
license, training certifications, and insurance information [2 O.C. 210.8-1]. Additionally, Board
members must abide by all reporting requirements in this law [2 O.C. 210.9-2].
a. Board members who violate this law may be subject to:
i. any laws regarding sanctions or penalties; and
ii. termination of appointment following the Boards, Committees and Commissions law
[1 O.C. 105].
Page 4 of 4
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\
=DODDOO
ONEIDA
AGENDA REQUEST FORM
January 19, 2022
1) Request Date: _____________________________________________________
Kristen Hooker, Staff Attorney
2) Contact Person(s): ______________________________________
,Legislative Reference Office
Dept:____________________________
920/869-4411
khooker@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Oneida Nation Emergency Planning Committee Bylaws
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
_______________________________________________________________________________
See Attached
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Memo
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
□ No
If yes, please indicate why:
ONEPC is trying to get up and running and would like this resolved in advance thereof.
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
30 of 31
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
r'\.
=DODDDD=
ONEIDA
Legislative Operating Committee
Kristen M. Hooker, Staff Attorney, Legislative Reference Office
January 19, 2022
Removal of Oneida Nation Emergency Planning Committee Bylaws Amendments
from the Active Files List
On August 4, 2021, this item was added to the Active Files List per the request of Emergency
Management Director, Kaylynn Gresham (“Director”). The Director was asking that amendments
to the Oneida Nation Emergency Planning Committee (“ONEPC”) bylaws be developed to allow
for directors of certain areas within the Nation to continue to sit on the ONEPC without being in
violation of the Boards, Committees and Commissions law, which prohibits certain employee
positions within the Nation from sitting as members of a board, committee or commission of the
Nation due to the potential for an actual or perceived conflict of interest.
On December 1, 2021, the Legislative Operating Committee (“LOC”) met to discuss the abovereferenced request. During the discussion, various options were explored to assist the Director in
getting seats on the ONEPC filled with capable members. Essentially, it was decided that the goals
of the Director could be achieved absent any amendments to the bylaws of the ONEPC that would
allow area directors to serve despite the prohibitions of the Boards, Committees and Commissions
law.
Following the meeting of December 1, 2021, a communication was sent to the Director conveying
the decision of the LOC and the reasons therefor. The Director was comfortable with the decision
and is prepared to move forward without the requested amendments.
Requested Action
Remove the Oneida Nation Planning Committee bylaws amendments from the Active Files List.
Page 1 of 1
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.