Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

May 1, 2024

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 17, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Petition C. Kestell: Address Housing Issues/Veterans Home Loan Program (pg. 4)

2. Eviction and Termination Law Amendments (pg. 7)

IV.

New Submissions

1. GWA Law – Cultural Significant Event Pow Wow Participant (pg. 31)

2. Oneida Nation School Board Bylaws Amendments (pg. 33)

V.

Additions

VI.

Administrative Updates

1. Legislative Operating Committee Fiscal Year 2024 Second Quarter Report (pg. 65)

2. Approval of June 4, 2024 LOC Community Meeting Notice (pg. 73)

3. Approval of June 19, 2024 LOC Community Meeting Notice (pg. 74)

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

April 17, 2024

9:00 a.m.

Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore

Excused: Jennifer Webster

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Ralinda Ninham-Lamberies,

Lawrence Barton

Others Present on Microsoft Teams: Janice Decorah, Justin Nishimoto, Mary Graves, Michelle

Braaten, Peggy Helm-Quest, Rae Skenandore, David P. Jordan, Maureen Perkins, Mark Powless,

Rhiannon Metoxen, Evan Doxtator, Fawn Billie, Tina Jorgensen

I.

Call to Order and Approval of the Agenda

Jameson Wilson called the April 17, 2024, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marlon Skenandore approve the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. April 3, 2024 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the April 3, 2024, LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Jonas Hill. Motion carried unanimously.

III.

Current Business

1. Petition: C. Kestell - Address Housing Issues/Veterans Home Loan Program

Motion by Jonas Hill to accept the status update for the Petition C. Kestell: Address

Housing Issues/Veterans Home Loan Program and forward to the Oneida Business

Committee; seconded by Kirby Metoxen. Motion carried unanimously.

2. Gift Card Law

Motion by Jonas Hill to accept the memorandum and remove the Gift Card law from the

Active Files List; seconded by Marlon Skenandore. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of April 17, 2024

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3. Oneida Veteran Affairs Committee Bylaws Amendments

Motion by Kirby Metoxen to accept the memorandum and defer the bylaws amendment

process to a work meeting with the Oneida Law Office and the Government Administrative

Office for further discussion; seconded by Jonas Hill. Motion carried unanimously.

IV.

New Submissions

V.

Additions

VI.

Administrative Items

1. Legislative Operating Committee 2024 Semi-Annual Report

Motion by Kirby Metoxen to approve the Legislative Operating Committee 2024 SemiAnnual Report and forward to the Secretary; seconded by Marlon Skenandore. Motion

carried unanimously.

2. Legislative Reference Office 2024 Semi-Annual Report

Motion by Jonas Hill to approve the Legislative Reference Office 2024 Semi-Annual

Report and forward to the Secretary; seconded by Marlon Skenandore. Motion carried

unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:35 a.m.; seconded by Kirby Metoxen.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 17, 2024

Page 2 of 2

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 1, 2024

Petition C. Kestell: Address Housing

Issues/Veterans Home Loan Program

Submission Date: 4/3/24

LOC Sponsor: Jonas Hill

Summary: On March 18, 2024, the Petition C. Kestell Address Housing Issues/Veterans

Home Loan Program was submitted. On March 19, 2024, the Oneida Trust Enrollment

Department verified the signatures for the Petition. The Oneida Business Committee

acknowledged receipt of this Petition on March 27, 2024.

This petition calls for a special General Tribal Council (GTC) meeting to be called to consider

the following:

- Direct the OBC to direct Finance to fund the Veteran’s Home Loan Program within 60

days.

- Direct the OBC to direct the GM and Finance to work with Bay Bank to establish the

lending requirements for the Veteran’s Home Loan Program and to have Bay Bank

administer the Veteran’s Home Loan Program within 60 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to work

with the Land Commission to make the necessary adjustments to the HIIP that would

allow the program to work with and complement the Veteran’s Home Loan Program

within 60 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to provide

the listing of vacant homes that are in Comprehensive Housing Division home inventory,

on the Comprehensive Housing Division fixed asset register and any homes that are

vacant where a decision has not been made if the home will be for sale or rental that are

not currently on either the inventory listing or the fixed asset register with 30 days.

- Direct the OBC to direct the GM to direct Comprehensive Housing Division to work

with Finance and Bay Bank to develop a Home Rehabilitation Loan Program including

the lending requirements for the homes owned by the Oneida Nation that are needing

rehabilitation that are wither on the inventory listing or the fixed asset register of

Comprehensive Housing and to have these homes advertised for sale within 30 days.

3/27/24 OBC: Motion by Jennifer Webster to acknowledge receipt of the petition from Connor Kestell

regarding Address Housing Issues/Veterans Home Loan Program; to direct the BC Direct

Report Offices to complete and submit their administrative impact statements of the petition

to the TribalSecretary mailbox by Wednesday, April 17, 2024; to direct the Law, Finance, and

Legislative Reference Offices to complete, respectively, the legal review, fiscal impact

statement, and statement of effect with status updates to be submitted for the April 24, 2024,

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regular Business Committee meeting agenda and the first BC meeting of the month thereafter

or until the final documents are submitted, seconded by Lawrence Barton. Motion carried.

4/3/24 LOC:

Motion by Jennifer Webster to add the Petition: C. Kestell: Address Housing Issues/Veterans

Home Loan Program to the Active Files List with Jonas Hill as the sponsor; seconded by

Kirby Metoxen. Motion carried unanimously.

4/10/24 OBC: Motion by Lisa Liggins to schedule a special General Tribal Council meeting on Sunday,

September 15, 2024, at 2:00 p.m. to address petition # 2024-01, seconded by Kirby Metoxen.

Motion carried.

4/17/24 LOC: Motion by Jonas Hill to accept the status update for the Petition C. Kestell: Address Housing

Issues/Veterans Home Loan Program and forward to the Oneida Business Committee;

seconded by Kirby Metoxen. Motion carried unanimously.

4/24/24 OBC: Motion by Lisa Liggins to accept the status updates on items XIII.A.1-3 as information,

seconded by Lawrence Barton. Motion carried.

Next Steps:

 Accept the status update for the Petition C. Kestell: Address Housing Issues/Veterans Home

Loan Program and forward to the Oneida Business Committee.

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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=DODDOO

ONEIDA

Oneida Business Committee

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

May 1, 2024

Status Update for the Petition: C. Kestell – Address Housing Issues/Veterans Home

Loan Program

On March 18, 2024, the Petition: C. Kestell – Address Housing Issues/Veterans Home Loan

Program (“the Petition”) was submitted to the Government Administrative Office by Connor

Kestell and has since been verified by the Oneida Trust Enrollment Department on March 19,

2024. On March 27, 2024, the Oneida Business Committee acknowledged receipt of the Petition

and directed that the Legislative Reference Office complete a statement of effect for the Petition

with status updates to be submitted for the April 24, 2024, regular Business Committee meeting

agenda and the first Business Committee meeting of the month thereafter or until the final

documents are submitted. On April 3, 2024, the Legislative Operating Committee added the

Petition to the Active Files List to be worked on by the Legislative Reference Office.

On April 24, 2024, the Oneida Business Committee accepted the status update from the Legislative

Reference Office regarding the Petition, which provided that the Legislative Reference Office is

currently working on the development of the statement of effect for this Petition.

The Legislative Reference Office is still developing the statement of effect for this Petition. It is

the intention of the Legislative Reference Office that the statement of effect for the Petition be

submitted for inclusion on the May 22, 2024, Oneida Business Committee meeting agenda.

Requested Action

Accept the status update regarding the statement of effect for the Petition: C. Kestell – Address

Housing Issues/Veterans Home Loan Program.

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HANDOUT

Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 1, 2024

Eviction and Termination Law

Amendments

Submission Date: 7/6/22

LOC Sponsor: Jonas Hill & Marlon

Skenandore

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. Amendments to the Eviction and Termination

law are being sought for a comprehensive review to run concurrent with the development of amendments

to the Real Property law. On February 25, 2024, the General Tribal Council adopted a motion to deny the

acceptance of the memorandum regarding the Eviction & Termination law update and to defer the

Eviction & Termination law back to the LOC to remove the wording “alleged” or “allegations” in the

law and to bring back to the 2024 Semi-Annual GTC meeting.

10/4/23 LOC: Motion by Jennifer Webster to add the Eviction and Termination Law Amendments to the

Active Files List with Jonas Hill and Marlon Skenandore as the sponsors; seconded by Jonas

Hill. Motion carried unanimously.

11/13/23:

Work Meeting. Present: Grace Elliott, Krystal John, Lisa Rauschenbach, Nicole Rommel,

Mark Powless, Scott Denny, Michelle Hill, Clorissa Leeman. The purpose of this meeting was

to renew discussion on amendments to the Eviction and Termination Law. The entire work

group requested that the matter be removed from the active files list as no amendments are

recommended at this time.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.

The purpose of this work meeting was to share background information on the Eviction and

Termination Law.

1/8/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Clorissa Leeman,

Krystal John, Kristal Hill, Maureen Perkins, Fawn Cottrell, Grace Elliott, and via Teams:

Jennifer Webster, Fawn Billie, Carolyn Salutz. The purpose of this meeting was to review the

Eviction and Termination law and to discuss its recent applications particularly in light of

currently evolving legal standards.

1/29/24:

E-Poll Conducted. This e-poll was titled, Approval of the March 6, 2024 LOC Community

Meeting Notice. The requested action of this e-poll was to Approve the Legislative Operating

Committee community meeting notice and schedule the community meeting to take place on

March 6, 2024. This e-poll was unanimously approved by Jennifer Webster, Marlon

Skenandore, Jonas Hill, Jameson Wilson, and Kirby Metoxen.

2/7/24 LOC:

Motion by Jennifer Webster to enter into the record the results of the January 29, 2024, e-poll

titled, Approval of the March 6, 2024 LOC Community Meeting Notice; seconded by Jonas

Hill. Motion carried unanimously.

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2/25/24 GTC: Motion by Nancy Barton that a report be brought back under the Oneida Comprehensive

Housing Department regarding the General Welfare Assistance determination of counting it

as yearly income for elders and low-income housing residents with the legal review from

Department of Treasury mortgage relief program, a COVID program. Motion ruled out of

order by Chairman Tehassi Hill; the motion is not in on topic.

Motion by Gina Powless-Buenrostro to deny the acceptance of the memorandum regarding

the Eviction & Termination law update and to defer the Eviction & Termination law back to

the Legislative Operating Committee to remove the wording “alleged” or “allegations” in the

law and to bring back to the 2024 semiannual meeting. Seconded by Shawn Skenandore.

Motion carried by show of hands.

Amendment #1 to the main motion by Lori Elm to include that nobody loses their

home without an agreement if they are not the ones being charged and furthermore

that if Comprehensive Housing resells the home, the homes will be sold at the

appraised value and that if any other homes were sold this way prior, that the money

goes back to Comprehensive Housing to pay down the debt and the excess goes back

to the home owner. Motion ruled out of order by Chairman Tehassi Hill; there is a

Rule process in place for the motion and General Tribal Council cannot take action

on past items.

3/1/24:

Work Meeting: Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Carolyn Salutz, Clorissa

Leeman, Grace Elliott, Kristal Hill, Fawn Cottrell, Michelle Hill, Brandon YellowbirdStevens, Scott Denny, Krystal John. The purpose of this meeting was to prepare for the

upcoming community meeting.

3/6/24:

Work Meeting. Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon Skenandore, Jennifer

Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The

purpose of this work session was for the LOC to review the PowerPoint presentation for the

March 6, 2024, community meeting for the Oneida Personnel Policies and Procedures

Amendments, Sanctions and Penalties Law, and the Eviction and Termination law

amendments.

3/6/24:

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,

Marlon Skenadore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen

Perkins, Francine Valentino, Melanie Burkhart, Gina Buenrostro, Peggy Helm-Quest,

Michelle Sawyer, Nadine Escamea, Bonnie Pigman, Olivia Pigman, Julie Denny, Michelle

Hill, Vicky Matson, Greg Matson, Julie Behnke, Lynn Metoxen, Jake Doxtator, Kay Keshena,

Connie Vandehei, Jen Falck, Lillian Wheelock, Dale Wheelock, Stephanie Smith, Patricia

Hoeft, Scott Denny, Dana McLester, Wendy Alvarez, Dana Thyssen, Todd Vanden Heuvel,

Larry Barton, Merissa Bloedorn, Lois Stevens, Mark Powless, Linda Dallas, Jake, Peggy Van

Gheem, Mary Loeffler, Matthew J. Denny, Nancy Barton, Brittany Kulow, Mary Adams,

Cathy Metoxen, William Gollnick. The Legislative Operating Committee held a community

meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the Oneida

Personnel Policies and Procedures Amendments, the Sanctions and Penalties law, and the

Eviction and Termination law amendments. The purpose of this community meeting was for

the LOC to listen to community feedback.

3/20/24

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Maureen Perkins, Fawn Cottrell, Clorissa Leeman, Grace Elliott. The purpose of this meeting

was to discuss proposed amendments to the Eviction and Termination law.

4/2/24:

Community Work Session: Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas

Hill, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen

Perkins, Brandon Yellowbird Stevens, Lori Elm, Scott Denny, Michelle Hill, Krystal John,

Lawrence Barton, Janice Decorah, Karen Knutson, Fred Muscavitch, Debra Powless, Marie

Cornelius, Justin Nishimoto, Katherine Jordan, Kelly McAndrews, Lisa Rauschenbach, Lori

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Hill, Mark W. Powless, Michelle Braaten, Nicole Rommel, Stephanie Smith, Todd Vanden

Heuvel, Debra Santiago, Kristen Jorgenson-Dann, Joel Maxam, Michelle Tipple, Sidney

White, Derrick King. The LOC held a community work session regarding the Eviction and

Termination law in the Norbert Hill Center’s Business Committee conference room and on

Microsoft Teams. The purpose of the community work session was to read through the law

line-by-line and collect comments, questions, or suggestions for the language included in the

law.

4/16/24

Work Meeting: Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Maureen Perkins, Fawn

Cottrell, Clorissa Leeman, Grace Elliott, Scott Denny, Krystal John, Mark Powless, Danielle

White, Lisa Rauschenbach. The purpose of this meeting was to review proposed amendments

to the Eviction and Termination law.

4/23/24:

Work Meeting. Present: Clorissa Leeman, Grace Elliott. The purpose of this work meeting

was to discuss the deadline for the February 25, 2024, General Tribal Council directive to

“deny the acceptance of the memorandum regarding the Eviction & Termination law update

and to defer the Eviction & Termination law back to the LOC to remove the wording “alleged”

or “allegations” in the law and to bring back to the 2024 semiannual meeting.”

Work Meeting. Present: Clorissa Leeman, Jameson Wilson, Marlon Skenandore, Jonas Hill.

The purpose of this work meeting was to discuss the upcoming deadline for the February 25,

2024, General Tribal Council directive to “deny the acceptance of the memorandum regarding

the Eviction & Termination law update and to defer the Eviction & Termination law back to

the LOC to remove the wording “alleged” or “allegations” in the law and to bring back to the

2024 semiannual meeting” and determine our next steps for moving forward.

4/25/24:

Work Meeting. Present: Clorissa Leeman, Jameson Wilson, Kirby Metoxen, Jennifer Webster,

Jonas Hill, Marlon Skenandore, Mark Powless, Michelle Hill, Lisa Rauschenbach, Scott

Denny, Danielle White, Grace Elliott, Carolyn Salutz, Maureen Perkins, Fawn Cottrell. The

purpose of this work meeting was to review the beginning draft of the memorandum to the

GTC, and discuss what other materials would be needed to be submitted for this item, and a

strategy for moving forward.

4/29/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon

Skenandore, Clorissa Leeman, Fawn Cottrell, Scott Denny, Michelle Hill, Danielle White,

Maureen Perkins, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose of this work meeting

was to review the updated memorandum to GTC and the PowerPoint presentation.

Next Steps:

 Approve the memorandum entitled, Follow up on February 25, 2024, GTC Directive for

Amendments to the Eviction and Termination Law, and corresponding attachments and

forward to the Oneida Business Committee.

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

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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

"'

Oneida Business Committee

Legislative Operating Committee

General Tribal Council

Jameson Wilson, Legislative Operating Committee Chairman

May 8, 2024

Follow up on February 25, 2024, GTC Directive for Amendments to the Eviction

and Termination Law

Background

At the January 16, 2023, special General Tribal Council (GTC) meeting the GTC considered the

Petition: L. Elm – Real Property Law Eviction and Termination. During discussions of the

Petition: L. Elm – Real Property Law Eviction and Termination, the GTC adopted a motion to

accept the petition as information and to ask the Oneida Business Committee (OBC) to review the

Eviction & Termination law and to bring back a report back to the GTC to the semi-annual

meeting.

The review of the Eviction and Termination law was not addressed at the July 24, 2023, SemiAnnual GTC meeting, and instead was forwarded to the 2024 Annual GTC meeting.

At the February 25, 2024, Annual GTC meeting the Legislative Operating Committee (LOC)

provided a memorandum entitled, Review of the Eviction and Termination Law, which reviewed

the various provisions contained in the Eviction and Termination law and concluded that the

Eviction and Termination law very clearly provides when a lease or rental agreement may be

terminated and the occupant may be evicted, how notice of the eviction is provided to the occupant,

and what occurs if an occupant fails to vacate the property. The Eviction and Termination law

provides for the protection of due process rights of the occupant, while also protecting the Nation’s

rights to preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources.

In response to the memorandum from the LOC, on February 25, 2024, the GTC adopted a motion

to deny the acceptance of the memorandum regarding the Eviction & Termination law update and

to defer the Eviction & Termination law back to the LOC to remove the wording “alleged” or

“allegations” in the law and to bring back to the 2024 Semi-Annual GTC meeting.1

1 Motion by Nancy Barton that a report be brought back under the Oneida Comprehensive Housing Department regarding the General Welfare Assistance determination

of counting it as yearly income for elders and low-income housing residents with the legal review from Department of Treasury mortgage relief program, a COVID

program. Motion ruled out of order by Chairman Tehassi Hill; the motion is not in on topic.

Motion by Gina Powless-Buenrostro to deny the acceptance of the memorandum regarding the Eviction & Termination law update and to defer the Eviction &

Termination law back to the Legislative Operating Committee to remove the wording “alleged” or “allegations” in the law and to bring back to the 2024 semiannual

meeting. Seconded by Shawn Skenandore. Motion carried by show of hands.

Amendment #1 to the main motion by Lori Elm to include that nobody loses their home without an agreement if they are not the ones being charged and

furthermore that if Comprehensive Housing resells the home, the homes will be sold at the appraised value and that if any other homes were sold this way

prior, that the money goes back to Comprehensive Housing to pay down the debt and the excess goes back to the home owner. Motion ruled out of order

by Chairman Tehassi Hill; there is a Rule process in place for the motion and General Tribal Council cannot take action on past items.

Page 1 of 9

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Impact of the GTC Directive in Relation to Requirements of the Legislative Procedures Act

The LOC is complying with the February 25, 2024, GTC directive by bringing this memorandum

forward that outlines its plan on how amendments to the Eviction and Termination law are being

developed to remove the words alleged and allegations. The LOC is not able to bring forward an

amended Eviction and Termination law to the 2024 Semi-Annual GTC meeting as the directive

from GTC did not provide an adequate amount of time for the LOC to comply with the

requirements of the Legislative Procedures Act.

Legislative Process Provided in the Legislative Procedures Act

The GTC adopted the Legislative Procedures Act in 2013 to set forth the process for the

development and adoption of laws of the Nation by the OBC and GTC. [1 O.C. 109.1-1]. The

Legislative Procedures Act intends to ensure that there is a standard process for developing

legislation for the Nation. [1 O.C. 109.1-2]. GTC delegated the LOC the responsibility for the

development of legislation of the Nation. [1 O.C. 109.4-2]. The LOC is comprised of the five (5)

OBC members who do not hold officer positions. [1 O.C. 110.4-1(b)].

The legislative process begins when any person who is interested in pursuing the development of

or amendment to a law of the Nation submits a written request for legislation to the Legislative

Reference Office, who then is responsible for placing the request for legislation on the agenda of

the next duly called LOC meeting. [1 O.C. 109.5-1, 109.5-2]. Once the LOC receives a request

for legislation, the LOC then either accepts or denies the request, except that the LOC is not

allowed to deny a request for legislation directed by a GTC law, resolution, or motion. [1 O.C.

109.5-2(a)-(b)].

Once the LOC accepts a request for legislation and directs that legislation be developed in

accordance with the Legislative Procedures Act, a draft of the legislation is created through

research, review of other similar laws, collaboration with affected entities, and community

engagement efforts. The Legislative Procedures Act provides guidance on how a law should be

organized, such as different sections that need to be included in a law and what information needs

to be addressed in each section, to ensure there is a consistent format amongst all laws of the

Nation. [1 O.C. 109.11]. Once a draft of the proposed legislation is approved by the LOC, a

legislative analysis of the draft legislation is completed. [1 O.C. 109.7-1]. The purpose of the

legislative analysis is to describe the important features of the legislation being considered and

factual information to enable the LOC to make informed decisions regarding legislation. [1 O.C.

109.3-1(g)]. A legislative analysis includes a statement of the legislation’s terms and substance;

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

Oneida or other law, key issues, potential impacts of the legislation and policy considerations. Id.

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Once a draft and legislative analysis are completed for proposed legislation, the LOC moves

forward with obtaining public review of the proposed legislation. This is the opportunity for

members of the Nation to provide their input or suggestions on proposed legislation. The LOC

determines a public meeting date and then a public meeting notice is created that contains the date,

time and place of the public meeting, the time period for the public comment period, and the name,

address, phone number, and other appropriate information on where to submit comments on the

proposed legislation. [1 O.C. 109.8-2]. At least ten (10) business days before the public meeting

is held, the public meeting notice is published in the Kalihwisaks, while the public meeting notice,

proposed draft of the legislation, legislative analysis, and fiscal impact statement if available, are

published on the Oneida Register2, and electronically noticed to all managers and directors. [1

O.C. 109.8-2]. The managers and directors who receive the public meeting materials are then

required by the Legislative Procedures Act to direct employees of the Nation who have special

knowledge or expertise on the proposed legislation to provide public comments. [1 O.C. 109.84(a)].

The public meeting on the proposed legislation is required to be presided over by at least one (1)

member of the LOC. [1 O.C. 109.8-3(a)]. The purpose of the public meeting is to solicit oral

comments from members of the community on the proposed legislation. [1 O.C. 109.8-3]. After

the public meeting concludes, the LOC holds open a public comment period for at least five (5)

business days. [1 O.C. 109.8-1(a)]. During the public comment period individuals may submit

written comments including data, views, arguments, or concerns to the OBC Secretary or the

Legislative Reference Office in person or through United States mail, interoffice mail, e-mail, or

fax. [1 O.C. 109.8-1(c), 109.4-4(b)].

Once the public comment period has concluded, the LOC is required by the Legislative Procedures

Act to fully consider all written comments and oral testimony received during the public comment

period and public meeting on the proposed legislation. [1 O.C. 109.8-4]. The LOC accomplishes

this responsibility through the development of a public comment review memorandum that

provides the LOC’s consideration of every comment received, and demonstrates any changes made

to the proposed legislation based on the public comments.

A fiscal impact statement is also required for all proposed legislation. [1 O.C. 109.6-1]. A fiscal

impact statement provides an estimate of the total fiscal year financial effects associated with

legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate

of the amount of time necessary for an individual or agency to comply with the law after

implementation. [1 O.C. 109.3-1(c)]. The LOC may direct that a fiscal impact statement be

submitted by any agency who may receive funding if the legislation is enacted, may administer a

program if the legislation is enacted, may have financial information concerning the subject matter

of the legislation, or the Finance Department. [1 O.C. 109.6-1]. OBC resolution BC-10-28-20-A,

Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides

2 The Oneida Register can be found on the Nation’s webpage found at the following location: https://oneida-nsn.gov/government/register/

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further clarification on the process for directing a fiscal impact statement be completed. This

resolution provides that upon final approval of draft legislation by the LOC, the LOC may direct

the Finance Department or any agency who may receive funding if the legislation is enacted, may

administer a program if the legislation is enacted, may have financial information concerning the

subject matter of the legislation to provide a neutral and unbiased fiscal impact statement to the

LOC within ten (10) business days for inclusion in adoption materials.

After all the requirements of the Legislative Procedures Act are met and the LOC is satisfied with

proposed legislation, the LOC then forwards an adoption packet comprised of the proposed

legislation, legislative analysis, fiscal impact statement, resolution, statement of effect, and an

adoption memorandum to the OBC for consideration. [1 O.C. 109.9-1. The OBC then either

considers whether to approve or deny the adoption of the legislation or forwards the legislation to

the GTC for consideration of adoption. [1 O.C. 109.9-1(a)-(b)]. ]. A law is adopted, amended, or

repealed upon the adoption of a resolution. [1 O.C. 109.9-2]. For those laws considered by the

OBC a majority vote is required for the adoption of the law, while amendments and repeals of a

law are handled in accordance with the laws governing OBC action. [1 O.C. 109.9-2(a)]. The OBC

utilizes Robert’s Rules of Order, current edition, for the procedural rules of its meetings except as

specifically modified by the Constitution and Bylaws of the Oneida Nation. [1 O.C. 117.4-1]. For

those laws considered by the GTC, adoption, amendment, and repeal of laws are done in

accordance with the laws governing GTC action. [1 O.C. 109.9-2(b)]. Any action by the GTC to

overrule previous passed motions or resolution requires a two-thirds (2/3) vote. [1 O.C. 113.31(a)(3)].

Once legislation is adopted through resolution by either the OBC or the GTC the law shall become

effective ten (10) business days after the date of adoption unless a different effective date is

specified. [1 O.C. 109.9-3]. The LOC is then responsible for publishing the law in the Oneida

Code of laws by the effective date. [1 O.C. 109.9-4]. Any law adopted in substantial compliance

with the Legislative Procedures Act is considered valid. [1 O.C. 109.10-1]. No law can be

contested based on non-compliance with the procedural requirements of the Legislative Procedures

Act after one (1) year from the effective date of the law. [1 O.C. 109.10-2].

Amendment of the Eviction and Termination Law

The LOC added the Eviction and Termination law to its Active Files List for the 2023-2026

legislative term for comprehensive amendments to be developed on October 4, 2023. This

legislative item was carried over from the previous term and originally added to the LOC’s Active

Files List on July 6, 2022.

When the LOC added the Eviction and Termination law to its Active Files List at the beginning of

this term, the LOC understood that this was an important issue for many members of the

community, and it was the intent of the LOC that comprehensive amendments to the Eviction and

Termination law would be developed during this term in order to improve the law. The GTC

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demonstrated that the amendment of the Eviction and Termination law was an important issue to

be considered by the LOC through its February 25, 2024, directive to the LOC.

Since the LOC added the Eviction and Termination law amendments to the Active Files List the

LOC has taken many actions to address amendments to the Eviction and Termination law

including, holding collaborative work meetings, providing opportunities for the community to

provide input through community meetings and work sessions, and drafting amendments to the

law.

Collaborative Work Meetings

The LOC strongly believes that better legislation is developed when collaboration occurs with the

subject matter experts and the departments and individuals that are responsible for implementing

a law. Since October 4, 2023, the LOC held eleven (11) work meetings regarding both the general

development of amendments to the Eviction and Termination law, and how best to meet the

February 25, 2024, GTC directive. These work meetings were often held in collaboration with

representatives from the Comprehensive Housing Division, Oneida Law Office, General Manager,

and the Environmental, Health, Safety, Land and Agriculture Division.3

During the collaborative work sessions, the Comprehensive Housing Division educated the LOC

on how evictions and terminations are currently processed in the Nation, and discussed ways in

which this process can be improved through amendment to the Eviction and Termination law. In

an effort to provide greater clarification on the reality of evictions and terminations that have

occurred under the process and procedures of the Eviction and Termination law and combat

misinformation, the Comprehensive Housing Division takes publicly available information

regarding evictions and terminations and provides that information in a more easily accessible

chart that is made available on their website and has been attached to this memorandum for

reference.4

Community Outreach Events

This legislative term the LOC is prioritizing providing an opportunity for the community to be

involved in the legislative process and provide input regarding the development of legislation. The

LOC has held or is planning to hold the following community outreach events:

 Spring LOC Community Meeting. On March 6, 2024, the LOC held a community meeting

in the Norbert Hill Center’s cafeteria from 5:30 p.m. through 7:30 p.m. in which the

Eviction and Termination law amendments were a topic of discussion. The purpose of this

community meeting was for the LOC to provide an opportunity for community feedback

in which people could share comments, questions, or suggestions on potential issues and

3 During the last legislative term, from July 2022 through August 2023, the Legislative Operating Committee held four (4) work meetings in collaboration with

representatives from the Comprehensive Housing Division, the Environmental, Health, Safety, Land and Agriculture Division, Oneida Law Office, and Oneida Land

Commission to review and discuss the Eviction and Termination law.

4 This information can be found at the following link: https://oneida-nsn.gov/wp-content/uploads/2024/04/CHD-Eviction-and-TerminationSpreadsheet_OLO_Final_1.pdf

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amendments that should be addressed in the Eviction and Termination law. Over fifty-one

(51) people participated in this community meeting.

LOC Community Work Session. On April 2, 2024, the LOC held a community work

session regarding the Eviction and Termination law in the Norbert Hill Center’s Business

Committee Conference Room and on Microsoft Teams from 12:00 p.m. through 1:30 p.m.

The purpose of the community work session was to read through the Eviction and

Termination law line-by-line and collect comments, questions, or suggestions for how to

amend the language included in the law. Approximately thirty-seven (37) people

participated in the community work session.

Summer LOC Community Meeting. On June 19, 2024, the LOC intends to hold an

additional community meeting at the Norbert Hill Center’s cafeteria from 5:30 p.m.

through 7:30 p.m. in which potential amendments to the Eviction and Termination law

amendments will be the sole topic of discussion. At the time this memorandum was drafted

this community meeting has not yet occurred.

The LOC makes every attempt to provide a wide range of notice of its community outreach events

in an effort to encourage participation by the greatest number of community members. The LOC

provides notice of its community outreach events through:

 Publication of the notice in the Kalihwisaks;

 Publication of the notice on Oneida Register on the Nation’s website5,

 Electronically providing the notice to all directors, managers, and supervisors of the

Nation;

 Providing the notice through the Update Oneida email communications;

 Providing notice of the community meeting through Facebook; and

 Sharing the notice to posted in places commonly utilized by the community such as Retail

and Gaming locations, Civic Center, Oneida Family Fitness, and the library.

Amendments to the Eviction and Termination Law to Remove Alleged and Allegations

The February 25, 2024, motion by the GTC directed the LOC remove the word “alleged” or

“allegations” from the law. The terms alleged or allegations are used in the Eviction and

Termination law in three separate provisions: in section 610.5-1 regarding causes for early contract

termination, section 610.5-2 regarding a domestic abuse defense to eviction, and section 610.5-3

regarding notice for early contract termination.

The LOC is currently processing amendments to the Eviction and Termination law in accordance

with the Legislative Procedures Act that would remove the terms alleged or allegations. A draft of

proposed amendments to the Eviction and Termination law that demonstrates how the LOC is

addressing the February 25, 2024, GTC directive has been attached to this memorandum for

5 Information on public meetings and community outreach events can be found on the Oneida Register on the

Nation’s website at the following: https://oneida-nsn.gov/government/register/public-meetings/

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reference. Additionally, below is a chart that demonstrates the proposed amendments to the

Eviction and Termination law:

Current Language in Law

Proposed Amendments

610.5-1.

Causes

for

Early

Contract

Termination. The owner may terminate the

contract prior to the contract term and evict the

occupant, if the occupant:

(a) Violates the terms of the contract;

(b) Is alleged to have violated any

applicable law or rule; and/or

(c) Is alleged to have committed one or

more nuisance activities.

610.5-1.

Causes

for

Early

Contract

Termination. The owner may terminate the

contract prior to the contract term and evict the

occupant, if the occupant:

(a) Violates the terms of the contract;

(b) Is alleged to have violated Violates

any applicable law or rule; and/or

(c) Is alleged to have committed Commits

one -(1) or more nuisance activities.

610.5-2.

Domestic Abuse Defense to Eviction.

An occupant has a valid defense to eviction if he or

she alleges that if not for the alleged domestic

abuse, which is noticed to the owner with any of

the following documentation, there would not be

cause for eviction under section 610.5-1:

There is no proposed changed to the use of the term

alleged in section 610.5-2 since providing that

alleged domestic abuse is a valid defense to

eviction provides the greatest protection to the

occupant.

610.5-3.

Notice. This section governs the

amount of notice required to evict as well as the

manner and form of notice required. When an

owner provides notice in compliance with these

requirements, the occupant is not entitled to

possession or use of the premises after the date of

the termination provided in the notice.

(c) Eviction for Violation of Applicable

Law or Rule or Nuisance by Occupant.

The owner may terminate an occupant’s

contract based on an alleged violation of

an applicable law or rule or if the occupant

commits a nuisance act.

(1) In order to terminate based on

this section, the owner must have

received notice, which may be

from, but is not limited to, another

occupant, law enforcement agency

or a local government’s office of

the district attorney, which

reports:

(A) a violation of an

applicable law or rule on

behalf of the occupant or

in the occupant’s unit, or

(B) a nuisance that exists

in that occupant’s unit or

was caused by that

occupant on the owner’s

610.5-3.

Notice. This section governs the

amount of notice required to evict as well as the

manner and form of notice required. When an

owner provides notice in compliance with these

requirements, the occupant is not entitled to

possession or use of the premises after the date of

the termination provided in the notice.

(c) Eviction for Violation of Applicable

Law or Rule or Nuisance by Occupant.

The owner may terminate an occupant’s

contract based on an alleged -a violation of

an applicable law or rule or if the occupant

commits a nuisance act.

(1) In order to terminate based on

this section, the owner must have

received notice, which may be

from, but is not limited to, another

occupant, from a law enforcement

agency or a local government’s

office of the district attorney,

which reports:

(A) a violation of an

applicable law or rule on

behalf of the occupant or

in the occupant’s unit, or

(B) a nuisance that exists

in that occupant’s unit or

was caused by that

occupant on the owner’s

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property.

In order to

terminate the contract, the

owner shall give the

occupant written notice

requiring the occupant to

vacate on or before a date

at least five (5) calendar

days after the giving of the

notice.

(2) The occupant may contest a

termination based on a violation of

applicable law or rule or nuisance

by filing a complaint challenging

the basis of the eviction with the

Oneida Judiciary.

(3) If the occupant contests the

termination

prior

to

the

termination date provided in the

notice, the eviction is stayed and

the contract may not be terminated

without proof to the Oneida

Judiciary by the owner by the

greater preponderance of the

credible evidence of the allegation

that a violation of law and/or rule

and/or nuisance exists in that

occupant’s unit or was caused by

that occupant.

(4) Despite

an

owner’s

satisfaction

of

the

proof

requirements

in

section

610.5(c)(3), the Oneida Judiciary

may, at its discretion, stay an

eviction by honoring any

alternative agreement regarding

pending actions entered into by the

occupant and a court of competent

jurisdiction pending successful

completion of the alternative

agreement.

property.

In order to

terminate the contract, the

owner shall give the

occupant written notice

requiring the occupant to

vacate on or before a date

at least five (5) calendar

days after the giving of the

notice.

(2) The occupant may contest a

termination based on a violation of

applicable law or rule or nuisance

by filing a complaint challenging

the basis of the eviction with the

Oneida Judiciary.

(3) If the occupant contests the

termination

prior

to

the

termination date provided in the

notice, the eviction is stayed and

the contract may not be terminated

without proof to the Oneida

Judiciary by the owner by the

greater preponderance of the

credible evidence of the allegation

that a violation of law and/or rule

and/or nuisance exists in that

occupant’s unit or was caused by

that occupant.

(4) Despite

an

owner’s

satisfaction

of

the

proof

requirements

in

section

610.5(c)(3), the Oneida Judiciary

may, at its discretion, stay an

eviction by honoring any

alternative agreement regarding

pending actions entered into by the

occupant and a court of competent

jurisdiction pending successful

completion of the alternative

agreement.

Although the removal of the words alleged and allegations does not drastically change how the

Eviction and Termination law is utilized and implemented, it does clarify that contract terminations

and evictions are not occurring based on simple allegations of misconduct. Contract termination

and evictions are only occurring when there is adequate evidence to prove the misconduct.

When an owner terminates the contract prior to the contract term and evicts the occupant, due to a

violation of any applicable law or rule or nuisance activity, the notification of that nuisance activity

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is required to come from a law enforcement agency or a local government’s office of the district

attorney. [6 O.C. 610.5-3(c)(1)]. In addition to removing the words alleged and allegations, the

LOC is proposing that the provision in section 610.5-3(c)(1) that currently allows another occupant

to notice the misconduct be removed, eliminating the possibility that the notice of misconduct is

coming from a source that lacks the expertise to evaluate violations of law based on evidence. The

occupant may contest a termination based on a violation of applicable law or rule or nuisance by

filing a complaint challenging the basis of the eviction with the Oneida Judiciary. [6 O.C. 610.53(c)(2)]. The owner must be able to demonstrate to the Oneida Judiciary by the greater

preponderance of the credible evidence that that a violation of law, rule, or nuisance exists in that

occupant’s unit or was caused by that occupant, or else the contract may not be terminated. [6 O.C.

610.5-3(c)(3)]. Preponderance of the evidence is the standard of proof utilized in most civil cases

and means that the violation is more likely than not to have occurred – so more simply put, this

means that there must be at least a fifty-one percent (51%) likelihood that the facts are true.

Requiring that first, the notice of misconduct for a contract termination come from a law

enforcement agency or district attorney’s office, and then requiring that any contract termination

be based on the greater preponderance of the credible evidence, while still allowing the occupant

the opportunity to contest the contract termination with the Oneida Judiciary, provides adequate

protections for the occupant.

Additional Amendments to the Eviction and Termination Law

In addition to the amendments mentioned above to comply with the February 25, 2024, GTC

directive, the LOC is also in the process of developing other comprehensive amendments to the

Eviction and Termination law based on information received during its collaborative work

meetings and various community outreach events.

All proposed amendments to the Eviction and Termination law will be processed in accordance

with the Legislative Procedures Act once a draft is finalized. All members of the community are

encouraged to follow the LOC’s work on the Eviction and Termination law amendments as they

make their way through the legislative process and participate in the future public meeting and

public comment period.

The work on amending the Eviction and Termination law may be ongoing, but the LOC is

confident that improvements that will benefit the community will be made through the adoption

of amendments to the Eviction and Termination law.

Requested Action

Accept as information the memorandum entitled, Follow up on February 25, 2024, GTC Directive

for Amendments to the Eviction and Termination Law.

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THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

Title 6. Property and Land - Chapter 610

EVICTION AND TERMINATION

shakonato=l$he> okhale> washakonaht&=tha> Aolihw@=ke

they shoo them away – they vanished them – issues

610.1.

610.2.

610.3.

610.4.

610.5.

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Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Administrative Rulemaking Authority

Early Contract Termination

610.6.

610.7.

610.8.

Failure to Vacate Following Notice of Eviction or

Contract Expiration

Withholding From and Return of Security Deposits

Eviction and Termination Actions

______________________________________________________________________________

610.1.

Purpose and Policy

610.1-1. Purpose. The purpose of this law is to provide consistent procedures relating to the

Nation’s rental and leasing programs for terminating a contract and/or evicting an occupant which

affords the applicant due process and protects all parties involved.

610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that

preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.

610.2.

Adoption, Amendment, Repeal

610.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16A.

610.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

610.2-3. 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.

610.2-4. 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.

610.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

610.3.

Definitions

610.3-1. This section shall govern the definitions of words and phrases as used herein. All words

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

(a) “Comprehensive Housing Division” means the entity responsible for housing matters

specifically related to contracts governed by this law as defined by Oneida Business

Committee Resolution.1

(b) “Contract” means either a lease document pursuant to the Leasing law or a rental

agreement pursuant to the Landlord-Tenant law.

(c) “Eviction” means to expel an occupant from the premises.

(d) “Nation” means the Oneida Nation.

1

See BC Resolution 09-27-17-H providing that the Comprehensive Housing Division means the division within the

Oneida Nation under the direction of the Comprehensive Housing Division Director which consists of all residential

services offered by the Nation, including but not limited to, all rental programs, the rent-to-own program, and the

residential sales and mortgages programs.

6 O.C. 610 – Page 1

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THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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(e) “Nuisance” means an occupant’s interference with another occupant’s use and

enjoyment of the premises. Nuisance activities include, but are not limited to, allegations

of harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution,

theft, possession of stolen property, arson, illegal drug activity, gambling, animal

violations, trespassing, weapons violations, habitual noise violations (as defined in the

rules which the Land Commission and the Comprehensive Housing Division shall jointly

establish), execution of warrants, alcohol violations, obstruction/resisting, inspection

related calls in which a law enforcement agency responds.

(f) “Occupant” means the person granted the right to use or occupy a premises pursuant to

a lease or rental agreement entered into in accordance with the Leasing law or LandlordTenant law respectively.

(g) “Owner” means the Nation in its capacity as a lessor as defined in the Leasing law or

as a landlord as defined in the Landlord Tenant law.

(h) “Premises” means the property covered by a contract, including not only the real

property and fixtures, but also any personal property furnished by the owner pursuant to a

contract.

(i) “Rent” means the sum or amount agreed in the contract to be paid by the occupant to

the owner for exclusive possession of the property for the period of time set by the contract.

(j) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law based on authority

delegated in this law in order to implement, interpret and/or enforce this law.

(k) “Security Deposit” means a payment made to the owner by the occupant to ensure that

payments will be made and other responsibilities of the contract performed.

(l) “Waste” means physical damage or deterioration caused to the premises, whether

intentional or negligent.

610.4.

Administrative Rulemaking Authority

610.4-1. Residential Contracts. The Land Commission and the Comprehensive Housing

Division may jointly create rules to further govern the processes contained in this law related to

residential contracts.

610.4-2. Agricultural and Business Contracts. The Land Commission and the Division of Land

Management may jointly create rules to further govern the processes contained in this law related

to agricultural and business contracts.

610.5.

Early Contract Termination

610.5-1. Causes for Early Contract Termination. The owner may terminate the contract prior

to the contract term and evict the occupant, if the occupant:

(a) Violates the terms of the contract;

(b) Is alleged to have violatedViolates any applicable law or rule; and/or

(c) Is alleged to have committedCommits one (1) or more nuisance activities.

610.5-2. Domestic Abuse Defense to Eviction. An occupant has a valid defense to eviction if he

or she alleges that if not for the alleged domestic abuse, which is noticed to the owner with any of

the following documentation, there would not be cause for eviction under section 610.5-1:

(a) An injunction order under Wis. Stat. 813.12(4) or any other law of the Nation protecting

the tenant from a co-tenant;

6 O.C. 610 – Page 2

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THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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(b) An injunction order under Wis. Stat. 813.122 or any other law of the Nation protecting

a child of the tenant from a co-tenant;

(c) An injunction order under Wis. Stat. 813.125(4) or any other law of the Nation

protecting the tenant or child of the tenant from a co-tenant, based on the co-tenant’s

engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 or

948.025, or stalking under Wis. Stat. 940.32, or attempting or threatening to do the same;

(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the

tenant;

(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child

of the tenant under Wis. Stat. 940.225, 948.02 or 948.025;

(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the

tenant under Wis. Stat. 940.32; or

(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant

being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.

968.075.

610.5-3. Notice. This section governs the amount of notice required to evict as well as the

manner and form of notice required. When an owner provides notice in compliance with these

requirements, the occupant is not entitled to possession or use of the premises after the date of the

termination provided in the notice.

(a) Eviction for Failure to Pay Rents.

(1) If an occupant fails to pay any installment of rent when due, the occupant’s

contract is terminated if the owner gives the occupant notice requiring the tenant to

pay rent or vacate on or before a date at least thirty (30) calendar days after the

giving of the notice and if the occupant fails to pay accordingly.

(2) If an occupant has been given notice under 610.5-3(a)(1) and has paid the rent

on or before the specified date, or been permitted by the owner to remain in

possession contrary to such notice, and thereafter fails to pay a subsequent

installment of rent on time within one (1) year of said notice, the occupant’s

contract is terminated if the owner, while the occupant is in default in payment of

rent, gives the occupant notice to vacate on or before a date at least fourteen (14)

calendar days after the giving of the notice.

(b) Eviction for Waste or Contract Breach other than Rent Payment.

(1) If an occupant commits waste or breaches any covenant or condition of the

occupant’s contract, other than for payment of rent, the occupant’s tenancy is

terminated if the owner gives the occupant a notice requiring the occupant to

remedy the default or vacate the premises on or before a date at least thirty (30)

calendar days after the giving of the notice, and if the occupant fails to comply with

such notice. An occupant is deemed to be complying with the notice if promptly

upon receipt of such notice the occupant takes reasonable steps to remedy the

default and proceeds with reasonable diligence, or if damages are adequate

protection for the owner and the occupant makes a bona fide and reasonable offer

to pay the owner all damages for the occupant’s breach.

(2) If within one (1) year from the giving of any notice under 610.5-3(b)(1), the

occupant again commits waste or breaches the same or any other covenant or

condition of the occupant’s contract, other than for payment of rent, the occupant’s

contract is terminated if the owner, prior to the occupant’s remedying the waste or

6 O.C. 610 – Page 3

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THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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breach, gives the occupant notice to vacate on or before a date at least fourteen (14)

calendar days after the giving of the notice.

(c) Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant. The owner

may terminate an occupant’s contract based on an allegeda violation of an applicable law

or rule or if the occupant commits a nuisance act.

(1) In order to terminate based on this section, the owner must have received notice,

which may be from, but is not limited to, another occupant, from a law enforcement

agency or a local government’s office of the district attorney, which reports:

(A) a violation of an applicable law or rule on behalf of the occupant or in

the occupant’s unit, or

(B) a nuisance that exists in that occupant’s unit or was caused by that

occupant on the owner’s property. In order to terminate the contract, the

owner shall give the occupant written notice requiring the occupant to

vacate on or before a date at least five (5) calendar days after the giving of

the notice.

(2) The occupant may contest a termination based on a violation of applicable law

or rule or nuisance by filing a complaint challenging the basis of the eviction with

the Oneida Judiciary.

(3) If the occupant contests the termination prior to the termination date provided

in the notice, the eviction is stayed and the contract may not be terminated without

proof to the Oneida Judiciary by the owner by the greater preponderance of the

credible evidence of the allegation that a violation of law and/or rule and/or

nuisance exists in that occupant’s unit or was caused by that occupant.

(4) Despite an owner’s satisfaction of the proof requirements in section 610.5(c)(3),

the Oneida Judiciary may, at its discretion, stay an eviction by honoring any

alternative agreement regarding pending actions entered into by the occupant and a

court of competent jurisdiction pending successful completion of the alternative

agreement.

(d) Content, Form and Manner of Giving Notice.

(1) Notice Content. Notices required to be provided under this law shall include

the following:

(A) The violation of law and/or rule, committing of nuisance and/or breach

of the contract, with citations to the applicable law, rule and/or contract

clause;

(B) If the notice is pursuant to section 610.5-3(a), the current delinquent

balance due;

(C) If the notice is pursuant to section 610.5-3(a) or (b):

(i) A statement that the occupant has a thirty (30) day period to

cure;

(ii) The date the period to cure expires and the termination becomes

effective in the event occupant does not cure; and

(iii) Potential consequences for failure to cure, which may include,

but are not limited to eviction and the assessment of damages against

the occupant.

(D) If notice is pursuant to section 610.5-3(c), a statement that the occupant

may request a hearing with the Oneida Judiciary prior to the effective date

6 O.C. 610 – Page 4

23 of 75

THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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of the termination provided on the notice, and that, if the occupant timely

files for a hearing, there is an automatic stay on the eviction pending the

determination of the Oneida Judiciary;

(E) The contact information for the Comprehensive Housing Division staff

available to answer questions and/or hear concerns of the occupant related

to the notice.

(2) Notice to Individuals. When providing notice to an occupant that is an

individual, the owner shall use one of the following methods:

(A) Giving a copy of the notice personally to the occupant or by leaving a

copy at the occupant’s usual place of abode in the presence of some

competent member of the occupant’s family at least fourteen (14) years of

age, who is informed of the contents of the notice, provided that the owner

may request that the notice be personally served to the occupant by the

Oneida Police Department;

(B) Leaving a copy with any competent person apparently in charge of the

premises or occupying the premises or a part thereof, and by mailing a copy

by first class mail to the occupant’s last−known address;

(C) If notice cannot be given under subsection (A) or (B) with reasonable

diligence, by affixing a copy of the notice on an entrance to the rented

premises where it can be conveniently read and by mailing a copy by first

class mail to the occupant’s last− known address;

(D) By mailing a copy of the notice by registered or certified mail to the

tenant at the tenant’s last−known address;

(E) By serving the occupant as prescribed in the Rules of Civil Procedure

for the service of a summons.

(3) Notice to Corporations or Partnerships. If notice is to be given to a corporation

notice may be given by any method provided in subsection (1) except that notice

under subsection (1)(A) may be given only to an officer, director, registered agent

or managing agent, or left with an employee in the office of such officer or agent

during regular business hours. If notice is to be given to a partnership, notice may

be given by any method in subsection (1) except that notice under subsection (1)(A)

may be given only to a general partner or managing agent of the partnership, or left

with an employee in the office of such partner or agent during regular business

hours, or left at the usual place of abode of a general partner in the presence of some

competent member of the general partner’s family at least fourteen (14) years of

age, who is informed of the contents of the notice.

(4) Notice to One (1) of Several Parties. If there are two (2) or more co-occupants

of the same premises, notice given to one (1) is deemed to be given to the others

also.

(5) Effect of Actual Receipt of Notice. If notice is not properly given by one (1) of

the methods specified in this section, but is actually received by the other party, the

notice is deemed to be properly given; but the burden is upon the owner alleging

actual receipt to prove the fact by clear and convincing evidence.

(e) Contrary Provision in the Contract. Except for leases entered into pursuant to the

Leasing law, any termination provisions in a contract that are contrary to those provided in

this law are invalid.

6 O.C. 610 – Page 5

24 of 75

THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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610.6.

Failure to Vacate Following Notice of Eviction or Contract Expiration

610.6-1. Changing of Locks and Removal of Occupant. If an occupant fails to vacate the

premises following notice of termination based on eviction, occupant termination or expiration

and non-renewal of a contract, the owner shall secure and take possession of the premises once the

timeframe in the notice of termination has expired.

(a) The Comprehensive Housing Division shall contact the Oneida Police

Department to request that an Oneida Police Officer be on the scene while the locks

are being changed.

(b) In the event the occupant has left personal property in the home, the occupant

may retrieve the said personal property by contacting the Comprehensive Housing

Division staff listed on the notice of termination. The Comprehensive Housing

Division shall hold personal property for a minimum of five (5) business days,

where a business day is Monday through Friday from 8:00 a.m. to 4:30 p.m. and

excludes holidays recognized by the Nation.

(1) The Comprehensive Housing Division shall keep a written log of the

date and the work time the Comprehensive Housing Division’s staff

expends storing and/or removing personal property and/or

removing/disposing of debris left at the premises after the expiration of the

timeframe provided in the notice of termination.

(2) The Land Commission and the Comprehensive Housing Division shall

jointly create rules further governing the disposition of personal property in

relation to residential contracts and the Land Commission and the Division

of Land Management shall jointly create rules further governing the

disposition of personal property in relation to agricultural and business

contracts.

610.6-2. Effect of Failure to Vacate. A failure to vacate following notice of termination based

on eviction, occupant termination or expiration and non-renewal of a contract does not in any

circumstances, regardless of acceptance of rent payments, create a periodic tenancy. For the

purposes of this section, a periodic tenancy means when an occupant uses/occupies a premises

without an effective and valid contract by paying rent on a periodic basis including, but not limited

to, day-to-day, week-to-week and month-to-month.

610.6-3. Damages for Failure to Vacate. If an occupant remains in possession of the premises

without consent of the owner after notice of termination based on eviction, occupant termination

or expiration and non-renewal of a contract, the owner may, at the owner’s discretion, recover

from the occupant damages suffered by the owner because of the failure of the occupant to vacate

within the time required. In absence of proof of greater damages, the landlord shall recover as

minimum damages twice the rental value apportioned on a daily basis for the time the occupant

remains in possession. As used in this section, rental value means the amount for which the

premises might reasonably have been rented, but not less than the amount actually paid or payable

by the occupant for the prior rental period, and includes the money equivalent of any obligations

undertaken by the occupant as part of the contract, such as regular property maintenance and

repairs. Nothing in this section prevents the owner from seeking and recovering any other damages

to which the owner may be entitled.

6 O.C. 610 – Page 6

25 of 75

THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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610.7.

Withholding From and Return of Security Deposits

610.7-1. Applicability. This section applies only to contracts that require a security deposit.

610.7-2. Standard Withholding Provisions. When the owner returns a security deposit to an

occupant after the occupant vacates the premises, the owner may withhold from the full amount of

the security deposit only amounts reasonably necessary to pay for any of the following:

(a) Occupant damage, waste, or neglect of the premises;

(b) Unpaid rent for which the occupant is legally responsible;

(c) Payment that the tenant owes under the contract for utility service provided by the

owner but not included in the rent;

(d) Payment that the tenant owes for direct utility service provided by a

government−owned utility, to the extent that the landlord becomes liable for the tenant’s

nonpayment.

(e) Unpaid monthly municipal permit fees assessed against the occupant by a local unit of

government, to the extent that the owner becomes liable for the occupant’s nonpayment;

and

(f) Any other payment for a reason provided in a nonstandard provision document

described in 610.7-3.

610.7-3. Nonstandard Withholding Provisions. A contract may include one or more nonstandard

withholding provisions that authorize the owner to withhold amounts from the occupant’s security

deposit for reasons not specified in 610.7-2(a) through (f). The owner shall provide any such

nonstandard withholding provisions to the occupant in a separate written document entitled

“Nonstandard Withholding Provisions.” The owner shall specifically identify each nonstandard

withholding provision with the occupant before the occupant enters into a contract with the owner.

If the occupant signs his or her name, or writes his or her initials, by a nonstandard withholding

provision, it is rebuttably presumed that the owner has specifically identified the nonstandard

withholding provision with the occupant and that the occupant has agreed to it.

610.7-4. Normal Wear and Tear. This section does not authorize the owner to withhold any

amount from a security deposit for normal wear and tear, or for other damages or losses for which

the occupant cannot reasonably be held responsible under the terms of the contract, and applicable

laws and/or rules of the Nation.

610.7-5. Timing for Return of the Security Deposit. The owner shall deliver or mail to an

occupant the full amount of any security deposit paid by the occupant, less any amounts that may

be withheld under subsections 610.7-2 and 610.7-3, within thirty (30) calendar days after any of

the following:

(a) If the occupant vacates the premises on the original termination date of the contract, the

date on which the contract terminates.

(b) If the occupant vacates the premises or is evicted before the original termination date

of the contract, the date on which the occupant’s rental agreement terminates or, if the

owner re-rents the premises before the occupant’s rental agreement terminates, the date on

which the new occupant takes occupancy/use of the premises.

(c) If the occupant vacates the premises untimely or is removed from the premises pursuant

to 610.6-1, the date on which the owner learns that the occupant has vacated the premises

or has been removed from the premises under section 610.6-1.

6 O.C. 610 – Page 7

26 of 75

THIS DRAFT IS INCLUDED FOR DEMONSTRATIVE PURPOSES ONLY. A FINALIZED DRAFT IS NOT YET PREPARED. ANY

PROPOSED AMENDMENTS INCLUDED IN A FINAL DRAFT STILL NEED TO FOLLOW THE LEGISLATIVE PROCESS PROVIDED

FOR IN THE LEGISLATIVE PROCEDURES ACT. THIS DRAFT IS NOT READY FOR ADOPTION.

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610.8.

Eviction and Termination Actions

610.8-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions

taken pursuant to this law.

610.8-2. No administrative hearing body, including a board, committee or commission, is

authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental

agreement.

610.8-3. The owner is the Comprehensive Housing Division in regards to taking actions authorized

under this law and complaints filed with the Oneida Judiciary shall name the Comprehensive

Housing Division and the specific program.

End.

Adopted – BC-10-12-16-A

6 O.C. 610 – Page 8

Chart as provided on April 30, 2024

CHO 5-Day Notices and Crime Based Evictions

From Eviction & Termination Adoption In 2017 to Present

On-going unsanitary condition of the un:lttallowing Inspections from Oneida Natl:on Sanftarian to include a severe bed bug

Agreement•

the NatlO:I\

Infestation In a multl complex unft housing-Other elder and cUsabled tribal members. Tenant ts-a disabled elder who recently

had a JeJ•nd"""' amputa!Od ond left !he hospltol to roturn to '""'•I unit aplnst tho ad-of c1o,;to,.. and her aduij

ownstholmd

{campewntJ son wh• ~ h,r •car,!per''. CHO provided 1•111111Y _.,k <upportto !hese tena"" ...king to getthom

,,.pportJw ,.NI<•• to help "'°"'de betler self ~to i:ontlnue lr,ing lnde.,.ndelltly. Tena.ht repeatedlvrofusell support/VO

to• hoose.

8nant filed a timely complaint to stay the eviction. A TKO hearin1rw.as held on 2'14/7.4 for the

purpose .of determtnlngthe lepUty of the eviction. lhe Court found the eviction to be lawful

baaed on lh• evlden"" p,esentedWllh ondfound !hatQID -piled Wlt!t all procad ....l

,equtrements t>ut...,nded !he Jo<;k ch- out fro111 F•bruary 15,2024 10 fel,rua,v20, 2Q24

to J!l~• tenant add!tlonal time to rerm,ye her belonglnl!JI.

se,vices ,even though tenant'! caregiver is not-able to bathe or provide many-other necessary personal hygiene cares to

tenant. T.enant1s ®" would do bare minimum sothilt the 9tefminator would treat the unft far bedbugs, b.uttenant would

IJQ!shower her p,rson while lreatmentoccurred and did no! clean """"'"" property In pr<;paratlon lorl,.,..tmont. >o

r<;infeltation «>nllnualiv oceurred deS1>iteS-il:al tr<;at,nents, c:JJD ,.., working With tenant an!I plannJngUJenter • new

notaS~Dav

NJrtlO.

rental agreement wlthtenant only if she-wouJcl sign up for-supportive .servkes when Cl:IOwas in the unit in January and the

sanltilry conditions were again~lirming. CHO determined it was not in the NatlPn1s bestJrrternt to continue rentin;to tem1nt

l- - c:JJD h.. a need to Pl<lte<t t11o haalt!t and safotv of an tenants in1he buildl"!I- CHD d8"1ined ,enewi"B the

•-ntWlth a 7-days nl!!lce '!>tenants. The no!l<e lndi<at1!d that CHO WOUid -n~ th!, agreernent>o ;hat Tenant <OUl4

have a residence tc ba HSeSSed In for purposes of transferring ta a nursinJ home type fatllttyand tenant accepted the offer

bl.It did not follow through wl-thsappointments for the evaluation,.

9/29/202

ITenant~actesStQCHl)iSMerrri1rratoitbtreat-.a·bed·bugfrrfestatlOllir1'1:he:eomt:11tm, Wltldl 1s·e P\lbHC.he&lth nulNh~

N/A ~ t-$1ant tured

RE!t'ltal

Aateement~

OW!l$thel.and

the hor.ase.

Rental

s/3/26:ia

N/A

pursuant to a nremor.:arKtum tn,m O.r,-eida Nation SanJtariart and requires larullol"<t tttion PLttSUant t:Q the Landlord·'Tenant

law. The tenant was noticed 1hat they could comply·v/Jth .bed bug treatment protocols and provide access or vacate and the

!tenant complied.

the Nation

s1111202ii

r

s

Agreement"

the Nation

awns the land

ti.he. holls:a,

"1av3. zQis """'1los,,d..at~ ...,,,,.,11 in 11\e rental uri11 with ....,cJe,,.., coJiSio!•nt wilh 11)eg;,J 11r1111 use follrld •• ..,..•. Tenant ·enanlfif!>d • timelya,mplalntto •tav the l>Yidion on .,,.Y S, 2023' A hearinlj was hefd <m M

11' • blind •ld•ctrlmil m<,mt,er who fluesolone a.,,.rdlng 10111, "'"""b•l<I camposltlon and he• been notic:e!l of nulsan.<e

10, 2023 and again on May:12,2023. DYrllJ!!the M•rlMJ, Q!!f°'"wltn..,.. oould. be oaJJed, the

actiVlty m:currlng In hls unit prlar. In fact~ CHO had issued tenant a 30,,day notice to vacate without the-opportunity to tu re

based on nuisance Wdlvity (multlpJe police calls~suspdous actlvlty, unauthorlzed auests, c:omplalrrts, dlsturbam:es, am:I

tenantwlthdrewhi&1:omplaJnUnd agreedto vacate the unit

welforuhoc:ks fi>r •usPo<ted drus ~ 1 -Within the 30-day- period IS when 1'1le·OD death oc<llr.-d, ""pedltll1g!he

n~lte.frpm •~~notlceto • 5--day notlte.

4

fi/1/20l2

Rf.or'.ltal

N/A

N/A

5/lf,/20')2

j;

5/n/2022

fI1

,qmati\f!nt•

the Nation

cwns the land

theM,u'f!.

Ranta!

r,/lo/zo;,

A$f.een):$nt•

th• Nl,tjon

owns the land

IThereWills a..s-dav n.otn:e ! ~ to the tetmn:t based :on ettm:.ioaf tct1vlty 111 th1:1 JJnit ;nd the ne1&hbortmed.s.ubstant1ated in

!Tenant pas&ad away In the unit 6/15/2.022 from suspected,aftbhpf po1$00ing while the mattEr

poli"' reJ™tt10 ind•<!e hit ond '""' ,;rimin•I cl\ild al,o<e (phy$ically•1t;o:ldn3 herteen•ae d•ullfiterl aoa d;,;or<!erly ~ondQ<l ~ AAndingJn: cbutt so. 1t:was(f1smJs$1!d.

c:harges:. Polica Reports indicated that the tenant was. saverely.dependantM akohol and she died ln the uriit before the locir:

l

change date. CHO worked with the family post..mortem toalSllre the minor children and the csrq'iver had the-nption to

aswme the rent.al ;agreemenl .. the fa:mily declined n»tintaining the renta:i urtlt.

ttutsanca tffP(trt from OPD fur nurne~ police CQntat;ts lndudlng repents of suspea:eid drug a.d:Mty, arre&U for~ frcm th&I

N/A

Nation, complaJnlS lronl nel&hbor<, wetfar<1 chel:1$ •n~ crrme ~ monnOJ!ng.

the h.ouse.,

~

-;/;s/ZIJ'l2

the Nation

owns the land

the house.

Ranta!

l/14/W2

U15P-Ol2

l\ifee.ment•

the Nation

ownS< th!!' land

the house,,

al

I

10/4/11J21

I ,m512021 1 Rentol I

Agreement~

5/'12/2021

Rental

Agreament ..

the Nation

iU

ICHt> received. a polite report from a 9/8/tl incident where Tenant was :treated for an OD :at her un'it with dl'I.II$ and

NIA

paraphernalia found on-pra,perty which ~ ~forfentyanof Jindjor heroin, Shew.as ptffltl'idins care for4 minor

lthildren atthe: time afthe OD~ The htcident resulted in 4char~ of trtmitud child naalect a4 Y1&JII as chatges ,slateq tc

pos~on of narcQ'tics. a:nd dr.us paraPhermdJa,

own1the land

the house.

the Nation

CHO received a police report fi'om OPD related to incidents on 4/10/21 and 5/,26/21 during which the temmt:was using drup

land akohtJI and leaving her dtlidren unattended, which resulted in welfare checks being"taUed on her children. The incidents

n!Sulted in •MmJn,tl <hild neg\~<:herges., well .. charges related t• p-ion of marijuana and othor drtl!I

owns!he~nd

paraphornalJa/nan:ot!<; equll>tmen~

the house.

Pael>lof4

NIA

27 of 75

~,

I 9/2ll./2021 I

l:OD [fentyaool) death of the, a>-h~ of hQ1;15ehold pC.Q.jl'red at the unit with drJJ& pal'tlphernalia $elzl!d from th~unrt. Brother IT1:!na!'lt filied a timely complaint to stay th-a eviction on Mat.ch 2$, 2022. Hearings were held

belore tho Judl<:iaryon AprU 19th ond 1_Stll, 2022. To!> ~ourt foul\d the ••ii;ti•n 10 l,O lawtid

orrl!Sledth• next day wlthfenty•n.ol oo hi• p11tmn,

b!W!d on the ewtence presented \tith end found thatCHD complied with all procedural

requirements and or.dared-the Tenant to vacate by 4/25/2"022 at 10 am. Tenant appealed the

[Trial O:Wrt'$ #f!CIS,Ion to the: Oneida APpallate Court:antt the aPp!I was df!:nied.

J!ntnt fl.led a tlmely complaint~ su.y the ~Oil on January 19, 2022, ThereWfl J pretrial

ITenantnte~Tved 2: OP[) t1t.tt1Qm1 fttr 1':Mlnt.alnlng a throntc m.rtsarn:e house tl'i OctQbfl,r and December 2021. Then, on

llll/11112 • r<;Stbed!Jl•d homo lnsp,,t!Jqn w.. ~omi,le!Od •nd,.dUHIJ!!the ho""' Jnspet!jon, dn,g paroph,rn•lla- lo<;ated haarlng ooJanaury 2~, :m22 Whlcl\ tesulted Jn a sehedull"B order ~u~lngall pa- to. SlJbmlt,

l:attl'le rentill premises. When OPD was contacted~ OPD seized the property. OPD reports one p1pe. was conslstentwtfh use for their evidence and wJtness, lists by February st 2022. On February l~-202-2 an advocat«from

marijuana 1moking and the other was consistent with use for metbampbetamlne.

the GTC legal Resource Center submitted a notice of representation and a request to eldend

the filing dates to F.ebruary 14~ 2.0l::Z.. wbith wugnmted. Tben. F.ebr.uary 14t m:z, the

ad:vvvate motJoned tilwithd!"QW tepteJenl'1ior, bQl!d on substartttal failures-c)f hls tlfenttQ

provide ,:ritk:al lnfomat1on ijnd dol:umen1$,whicl\,... granted. CHO moilonted !Qrdism~sal

noting the tenant never disputed that the illegal ad:ivity occurred at her unft. The Court

11ram:ed the motion tadlsmlu because it found the evtctlon to be lawful based on the evidence

pl"e;5l!nted With and found that.CHD®mpJled WIJ:h all procadJJral requlren,entg..

ll>f th• """''"""d fled the"'"""••~ -

~llff:!tnent•

•

10

11

-

_,

......,,_

..

""'""'- ,....

-•fl.od<Chonp

O..,SinUnit ■ftwS

l>oyNolko

frwtlnant Ftc:11 (llfau uMCI In thin. sumnariff . . publk infvmr■tion wn..,_. In pub , eportii a,d~notitft,J;

■nd Fin11ldlll Tnmpe~ for LA M T9ffllinatiQns

2/23/2021

Ren tal

Agreementthe Nation

owns the lanct

t he house.

l/l0/ 2021

35

CHD received a report from O~O t hat drug paraphernalia was locate-d in the unit and during t h e courw ofOPO i nterview,

recorded on bodycam, the tenant admitted to t he OPD officer that $he had used meth in her ren tal unit that day. Body~m

footage 11nd evident-e showed tin fuil with bum marks and straws on the table while o ffice~ were talking to t enant.

2/11/2021

Rental

Agreementthe Nation

owns the land

the l'\ouse.

2/16/2021

5

On 02/09/ 21 OPO received a call that from someone allegedly staying in the basement of the ren tal unit who said 2 unknown

male5 came to the residence w it h a female wearing masks and carryint; guns. The armed men st ole drugs (possibly heroin)

from th-e people residing i n the basement and leh. lhe remaining unnamed residents all egedly armed themselves aherthe

i ncident. There were only two people listed on the household oomJ)Osftion, but the caller i ndicated there may be 10 people

staying in t he t>asement on any ,1f1ven day. caller further reported there have been mult iple overdoses occurri ng i n t he

basement of this residence forwhfch the police were never called. OP□ reported th is concern t o CHO via email and CH □ called

a meeting with OP□ and Oneid.a Aging and Dis.ability ,u ant.": of the t en arru is an fl-Ider. As a rf'-sult of the meMing, it wall agreed

t hat Oneida Aging and Disabilit y would do a welf.ue check en t he elder listed on the hou~hold composition due to the

suspected drog: activity reported to be occurring in the unit. OPD accoMpanied t he Aging and Disability representati ~ and,

l ltip_H_,,

Tenant filed a t imely com plaint to Ray t he eviction on February 2S, 202 1. A hearing was held

en March 18, 2021 a t w hich time the bodycam footage was provided to the court. The Court

l ifted the restaining c,rder effective March 29 , 2021, t he date t he Court found t he eviction to be

lawful based on t he evidence presented with and found that Ct-ID compJied with all procedural

requirements;.

N/A

while in the u l"lit , a.sked fat permission to t heck for illegal drugs in t he basement; t he~nant granted pef rni.ssioo to .searc:h t he

pl'Cperty, 01'1 2/ 11/ 2021 CHO received the teport from OPO'.s search which provided i nformation that on 2/10/2021 there was

illegal drng paraphernalia found in the unit which supported t he allegations of regular illegal drug use in the rental unit's

basement; items coll!'d:ed include:a scale, t>urnt residue on tin foil, an uncappe.d syringe with multiple t>ags of clean syringes,

a pipe made out of electrical tape and tin foil, nasal narc.in spray, blue rubber t>ands, a meth pi,c>e, several mattresses o n the

f loor, .ind a gr ~ powder subst;mce located w it hin tin foil.

12

11/16/2020

13

3/ 5/2020

Rental

Ag:reement •

the Nation

owns the lan cl

the Muse.

12/2/2020

16

THIS WAS A 14-DAY NOTICE that CHO would have converted to a S·day notice i f it would have .sped the eviction up, but b3.sed

or, th e tim ing, t he notice remiiined a 14--llly notice. CHO repeatedly addressl!'d r eoccurri l"lg police contact at t he unit wi th

tenant. OPO re-po rted to CHO t hat there havt.":; been 33 police cor'ltacts at t his unit between 12/2019 and 11/2020 i nc.luding

disorderly c.onduct charges. After t he 14-da)' notice was issued, t enant and her partner were both arrested and charge..:! with

posses.sing amphetamines, paraphernalia ani:I weapons.

N/A

Rent;il

9/1/2020

27

ManufactLiri r.g/deliveryof heroin charges and maintaining ;i drug trafficking place were substantiated to have occurred at t his

unit t hrough a report from the Brown County Drug Task Force. The report details t hat multiple controll ed buys offentyanol

N/ A

Agreef™!nt the Nation

owns the lan d

the OOuse.

and heroin occurred at t he rental propertv fTom out of the wi ndow by a resident of the u nit (his residence there was disputed

but h e collected mail ar,d cor,ducted many drugtra~sactions t here) . A sea rch of the r ental property found a black digital

scale, a glass crack cocaine pipe, tin foil with burn resid ue l ocat ed In blankets on a child's bed, and 6 used syringes {found in a

child' s closet). During a documented Interview of t he small chlli:11:iy authorities, t he child toli:1 office-rs her uncle (the dealer)

.sometimes comes Into her room to use i:lrugs and pointed t o her arm to signify IV drug usage. Th-e young child further

reported shetell.s thf' tenant w hen she firtds the needles throughout the house from clrug usage and t he tenant throws them

away.

14

6/12/2019

Rental

Agreementt he Nation

owns the lani:I

t he ~use

6/18/2019

6

Tenant performed drug transaction w it h a criminal informant wi th the police report indicating that marijuana,

met haMphetamine and drug p.arpherrtalia were seizei:I from t he rental unit.

N/A

15

10/26/ 2018

Rental

Agreementthe Nation

own§ the lancl

the l'\ouse.

11/19/2018

24

CHD Issued a 5 day r'lotice to vacate when CHD r ece iv ed f rom news from OPD that the tenant w as charged with possession o f

marijuana with t he intent to distribute, possession ofdrtJg paraphernalia, 2 counts of operating a veh icle with a rest ricted

controlled substance with passessengers less than 16 years of age In th evehl-cle, and operati ng while revoked.

N/ A

16

8/17/2018

Rental

Agreement the Nation

owns the lan d

the house.

8/23/2018

6

There w as a large drug raid that occurred at t his rental unit that resulted i n t he arrest and prosecutior. of t he t enant and an

Tenant filed a timely complaint to stay t he eviction on August 17, 2018. A hearini was h eld on

unauthorized occupant documented to be reftding there. The t enant was <:harged w ith 1 count of manufacture/delivery <Jf

August 20, 2018, In court tenant claimed to have no know ledge <Jf the activity occurring at her

heroin, 1 count of maintaining a drug trafficking place, 1 count of criminal child neJillect, 1 count of pos.sess.ion of 4:lrug

unit, but CHD producei:I a signed statement tenant provided to law enforcement i n which

paraphernalia, and or.e count of possession oflHC. The unauthorized occupant was charge(l w ith 4 counts of manufacturin.11 tenant aclcno wledged she was aware of the criminal activity oc:curring at he r renta l unit. The

and delivering heroirt, 1 cciur.t of mai ntaining a dn..1.11 traffickinJ place, 1 count of criminal child neglect, 1 count of posse§sicin Cou rt four.d the eviction to be lawful ba~ed on the evidence presented with and found t hat

of a firearm by a f el on, 1 count of possession of an illegally obt ained prescription, 1 count of possession of drug

CHD complied wit h all procedural reQuiremen ts.

ar aohernalia, and 1 count of possession of THC

17

1/24/2017

Ren tal

Agreementthe Nat:Jon

owns the land

the h.ouse.

1/31/2017

7

Tenar'ltwas charsed with subst ant ial l:iatteryw ith intent t o caus.e t>o-dily harm wi th c1 domestic at>u5'! modifer. l he i ncident

occurred 1otthe rental unit.

N/ A

18

8/17/2018

Lease • the

Nat ion owns

the land and

the Lessee

owns the

a/30/2018

13

Pertinent Facb: Lessee was the middle man in a heroi n tramaction, Bas-ed on police reports, CHD learned the le5see took a

criminal informant to a known drug dealer's hou se where l essee then purchased heroin on behalf of t he crimi nal informant.

During the t ransaction, the informant remained in the car an-d t he lessee went into t he house to purchase the drugs. When

lessee exitec:i, he gave t he criminal informant the heroin ;ind w as pullei:I over d own the road and arrested with the marked

monirv o n his person.

Lessee filed a t imely complaint to t he Oneida Judiciary on August 22, 2018 and lessee was

represented t>y t he GTC Legal Resource Center. The preli minary hearing was held on August 23,

2018 an-d w as reschedule at the lessee's request for more time to August 29, 2018 , On August

30, 2018, the Court found the eviction to be l awful based on the evii:lence it was supported

witli and found that CHO complied with all procedural reQuirements. On Sept ember 7, 2018,

28 of 75

Page2of4

•

-

""'""'-

_,

......,,_

..

,....

-•fl.od<Chonp

O..,SinUnit ■ftw S

l>oyNolko

frwtlnant Ftc:11 (l lfau uMCI In thin. sumnariff . . publil;: infvmr■tion wn..,_. In pub reportii a,d~notitft);

■nd Fin11ldlll TnintPe~ for LA M T9ffllinations

l ltip_H_,,

financla lTr■nsparency: This w as t he Nation's first l ease terminatio n under t he law and t he Residential Leasi ng Flule did not

l essH filed a notice of appeal of the Trial Ca1Jrt's dec:ision t o t he Appellate Court. On Octobe r

yet have requi remenb related t o payout ofeq .tity for leue terminations. As such, t here was. no ap praisal order<ii!<l en this

17, 2018, the Appellate Court deni ed l ess.ee's appeal.

property at th e t ime of lease termination. There was an outstanding loan on t he property held by Bay Bank t hat lessee's

remained responsible for despite t heir lease t erminatfon . At t his point. it was CHO's position t hat i t was l esse.'s responsibility

to ffll thll'ir hamt' and t hillt CHO w ould grant ao;:ess for t he sole purpose of showing t he home. lessees made no efforts CHO

was aw ;1re of to sell t he property and d daulted on t heir mortgage. On Ocotber 26, 2018, B.;;iy B.iink sent CHO t he Notice of

Defitultand R'tght of Fint Refus.illl to Buyout t he loan {based on litnguitge in t he loilln and lease documents). On Novembe r 5,

house.

2018, CHD accepted Bay Bank's Ri ght of First Refusal and on November 26, 2018 CHO paid of lessee's remaining mortsase

balance of Sl l9,234.37. CHD d-id not seek a money judgment from lessee's fo r repayment of t he m ortgage balance.

19

1/14/2021

Lease - t he

Nation owns

t he land anO

Pertinent Facts.: CHO received information in OPO Police Reports t he lessee's re~idents were threatenine; neighbors and that

t here was rllegal drug act Mty lncludlng 6/3/ 20 drug charges for possession of heroin (arrest did r\Ot occur at 1he house);

N/ A

12/ 23/20 overdose ;,t t he leased pr emises; 12/25/20 overdose 211 the leased premises; 1/5/ 21 overdose at the leas,ed

premises; and 1/6/21 drug charges against 2 residents baseO on drug found a1 t he le.1sed slte. On 1/ 14/21, CH D received Bay

Bank's No11ce of Oefault and Right of First Refusal due to Les:s~ 's nonpayment of hls mortg3ge. On 1/14/ 21, CHD met with

the l e-ssee w ith the Int ent t o en1ier new le-as.I! pravlslon.s t hat allowed t he- Lessee to remain In t he lease but rie(1ulre-d him ~e

the on~ person reslOfng at the l,eased slt e. During the meeting, CHD asked the Les.see If he t hought he would be able to keep

t he d rug users (his daughter and gr.indson) out of his residence; he Siillid they would not listen. Lessee said he often did not

the l ~ssee

owns the

house.

st iillY t here il:nd in$te,i11d rtaiyed with hb: daughter (who ;;it tcmded t hlt' meeting wi th him). CHO took a break ;m d consulted with

Ont1ida Aging and Disability r•presentativlt's because CHO had oonc• rns for elder abuse, An Aging and Disiillbility r epresentative

came to CHO to sit in on th• meeting where t he parties discussed the lessees f uture housing opt ions- On 1/20/21. Cl-ID

ac«"pted Bay 8at1k's right of fint r efusal; wh ile CHO offeired th1i! Lesne alternat e hoosing in the i'l,1tion's rl!'rrta l program. the

L,mu deciined CH0'5 offfl. CHO provided t he Lessee wit h d iscou nbto the amount of he,1lth and safety rl!pai ~ required in

t he u nit bl!C'1use t he l essee agreed to apply for ass'istance thc1tcould he-Ip him pay down his ut il ity balances. CHO u:sistl!d

l esHe with evicting persons residing thl!re w hile the l essee and CHO work<:1d the sit uation out by dratting notitf!s for Les.see

and CHD t o joint ly sign to be gj11en to t he residents and pasted on the property.

FinancialTranspare~cy: At t he t ime of lease termination, the home was appraised at $10S,OOO.OO.

l essee had a mortgage wi th 13.ay Bank w it h a remaining balance of $93,789.30.

The cost of he.11th and safety repairs required in the home inspection was reduced from $51,175.00 to $24,500.00.

less,ee owed unpaid utilities in the amount of $1,768.05.

The cost s of the required reports (home inspect ion and apprai s.il) were $650.00.

LesSEe signed an agreement to pay CHD for t he negatlVe equit y in hi s home tota$15,707.35.

To prepare the home for re-sale, CHO made improvements t o t he property cost ing $146,420.04.

Followlng CHD's repairs, the prop,ertywas appralsed and lrst ed t hrough the Resident ial Sales Rule for $210,000.00.

CHO accepted the hlghest offer on t he property {offers are submltteO sealed to Bay Bank) of $230,005.50 .

did not seek a money Judgm ent from lessee for repayment of t he negative equity.

20

3/23/ 2021

Lease - the

Nation owns

t he hmd anO

t he Lessee

own5 t he

house.

4/ 15/2021

B

CHO

~rtinent Fact s: Lessee had over 30 police calls t o her property in t he previo us 24 mont h period when on March 11, 2021, a

Les.see fileO a timely complaint to t he Onii!ida Judiciary on March 23, 2021 and a pre-t rial

pocket 911 call resulted in OPO <OITl,Oleting a welfare check at the Lessee 's property. The lessee and the minor chil dren in her hearing w as held on March 2S, 2021 du ring which l essee was represented by an attorney

care were not on•sit e at the time police arrived. Polle!!" entered t he unit and, after making numerous loud calls, found lessel!'' s ex p€rie nced practid ng before t he Oneida Judiciary. On April 9, Z021, the Court found t hfr.'

daughter and t he daughter's boyfriend in the basemnent of the house. Also lo,c:ated tn t he basement was an ice shanty

eviction t o be lawful based on t he IMdence it was supported wi th anO found that CHD

housing an immature marijuana grow lab of approximately 20 p lants and other drug paraphernalia t o inc lude scales and cut

complied w ith all procedural requirements. The order also set a schedule for reconciling

up straws. While lessee may ha11e claimed no prior knowledge of th e marijauna 1row lab, CHD st aff determined 1tiatw as

l essee's equity in t he property follawini an appraisal and home inspecti on. The Lessee then

unlikely due to t he size of t he- ice shanty and how dose it was t o the tenant 's only washer and dryer as well as chil dre n's play filed an appeal of t he Trial Court' s de-cisi on upholding the eviction t o the Appe-llate Court but

t ovs. On March 14, 2021, just 3 days after th e marij uana grow lab w as located, lessee's dau1ht erwas pulled ove r onto lessee,'s t hereafter wi thd rew her appeal. On July 16, 2021, CHDfiled a motion to enforce t he lease

property !her destination) w ith heroin and drug par aphernalia on her .

terminat ion t hat summarize(j the payout t o t he Lessee to which the Lessee, t hrough her

.................................................................................................................................................... attorney, o bjected to. On July 26, 2021, the Judidary ruled on the lessee's objections and found

Financi.al Transparency: At t he time of lease termination, the home was appraised at $175,000.00.

that CH D di d overcharge thie less,ee for home repairs because CHO only cha rged for sielect

Lessee had a mortgage wi th Say Bank w it h a remaining balan,c:e of$70,555.17.

healt h and safety item.s iOent ified in t he home inspection and further stated th at liessee w as

The average estimat ed cost of healt h and safety reJ,'l airs require~ in t he home inspect io n was Sl 0,400.00.

not able t o support her claim that t he amount of her mortgage payoff to aav Bank was

CHO had to rem o1re personal propertvfrom t he premises follow ing lock chansefor clean up costs of $1,690.00.

Lessee owed t ribal debts and t ribal utilities ul"lpaid amoul"lts totalins S553.89.

The cost s of the required reports (home in spect iOn and appraisal) were $650.00.

The prci-rated prciperty t axes for lessee's occu pancy period in 2021 were $808.0&.

Lessee was paid by CHD for her equit y In the hom e via check maileOto her attorney In t he amount of $90,24 2.86.

Lessee claimed t his site was significant to herf amlly du e to her mot her resid ing next door and t he land having historical tfes

to he r family, so CHD offered t o the sell t he tmprovemients to1he lessee's brot her in order to l:.eep the residential lease In t he

fa.mlty. The offMwas t hat t he brother would pay for t he Improvements as-ls (except CHD would make t he minimum heal th

inaccurate as Cl-m 's figures were supported by Bay Bal"lk's payoff analysi s. On August 3 1, 2021,

the Judiciary issued an order closing cut t he lease termination based on proof t hat CHD had

paid off t he t enant 's loan arid paid t he lessee tor anv remaining equitv she had in t he property

l ess t he cost of basic: health anc:I safety repa in requirect on th e home iM pecdan (a document

prepared by <H 'I independeiit 3rd party).

and ,-afll!t y repairs idefltif ied in t he home inspectio11} at CHD's costs to buy ou1 t he l ~an and p11y Lessee for the l!quity in 1he

property ($160,898.03) ,md CHD wo\Jld enter a new reside ntial le,1se with the brother. The brother indicated he would look

into finc1ncing but never returned the Nation's inquiries.

To prepare t he home for re-sale. CHO made improvements to t he property costing $58,481.14.

Following CHO's repairs, the prap,ertywas iippraised at and listed through th e Rei iclential Sal es Rule for $225,500.00.

CHD illccept ecl t he highest offer on the property {offers are submitted sealed to Bay Bank.) of $276,000.50.

29 of 75

Page 3of4

•

21

-

_,

......,,_

.

""'""'- ,....

8/24/2021

base -the

-•fl.od<Chonp

O..,SinUnit ■ftw S

l>oyNolko

frwtlnant Ftc:11 (l lfau uMCI In thin. sumnariff . . publil;: infvmr■tion wn..,_. In pub repQrti a,d~notitft);

■nd Fin11ldlll TnintPe~ for LA M T9ffllinatiQns

8/29/2021

s

ft.!rtinent Facb: CHO inued a S-day notice to Lenee following t he OD death of co-lessee at the property, the invest igation of

which resulted in the Lusee being charged with maintaining a drug tr.affick1ng place, possession of drug paraphernalia,

posses.sion of methamphetamine and other charges. In t he S-day notice, CHO acknowledged that t he Lessee current ly had a

signed offer to purchase on the heme, so CHD agreed to delay actions related to assuming ownershiJl of the improvements

until th e t r;msaction t losed so long as the purthawr agree5- to terms in his/her re1-idential le;ase that will prohib'tt renting the

property bild< to t he les5ee. Additionally, while Lessee-'5 ownership of the imprQVements r;ontinued until the t n nsiction

closed on Septll'mber 13, 2021, the lessee wu not permitt ed t o occupy the residence- or access the premises wit hout CH D's

4/11/2022

5

Pl!rtinent Facts: CHD is~ued the 5-day notice to the le~er.- beC'iluse an April 1, 2022 rep,ntfrom the Oneida Nation e.. ilding

ln5pedor and Sanitarian indicated that the improvemenU werli! condemned and .ilw because OPD had recent ly labeled t he

property a nuisance property. based on repreated calls at the property, including multiple visits to execute arrest warrants

against the Lessee and a recent disturbance at t he property. At the time of t he notk e, t he Lessee was incarcerated wfth

char,11e5 pending for alleged burglary to a building or dwelling, theft of movable property, obmutting an officer and threats to

a law enforcement officer and parole revocation for a 2019 drug charge for ma11ufacturing and delive ring amiihetamine as a

second and subseQuent offense. The Lessee contacted CHO and Indicated he was n01 opposed to the lease t ermination but

requested ttiatthe site be allowed to remain with t,is family at the lease site had historical significance to t,Ls familv and his

Nation owns

the laOO and

the Lessee

owns the

house.

lltip_H_,,

N/ A

consent after the 5-day notice lock change dat e of Sunday, August .29th, 2021. The sale of t he improvements close,d in the

private transaction on September 13, 2021 a 5 scheduled and CHO ent ered a nf!W lease with the buyer.

22

4/5/20222

Lease - the

Nation owns

the I.ind and

the Le~see

own~ the

house.

N/ A

mother lives next door. CHO agreed to allow Lessee's niece, w ho does not have a criminal record, to sign a ref.idential lease to

build a new home on the property b'"t indk:ated that the cond emned property would need to C-e demolished due to recent

vandalization and the deteriorated quality of the structure. The niece is out of the country and will be touching base with CHO

upon her return.

30 of 75

Page 4of4

Submit

Save

31 of 75

LOC AGENDA REQUEST FORM

PLEASE COMPLETE THE FOLLOWING INFORMATION:

1) Date: 04-22-24

Person submitting request: _L_a_r_ry_B_a_rt_o_n____________________

2) Council Member, Entity, or other person requesting this draft: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

• 3) Phone Number: Day 920-869-4394

Evenings_ _ _ _ _ _ _E-mail: lbarton2@oneidanation.org

4) Persons to contact for questions about this draft (names and phone numbers) - - - - - - - - - - - - - - 5) Describe the issue, including any helpful examples.

To create a law in Title 10 GWE for participants in the Pow Wow to make this an allowable category

under the IRS Notice 2015-34

6) Describe how you would like to resolve the issue:

7) Please list other departments or persons you have brought your concern to:

8) Do you consider this request urgent? Yes

[fyes, please indicate why: _ _ _ _ _ _ _ _ _ _ _ _ __

9) Should we give this request priority over any pending request of this Council Member, entity or person? Yes

Please attach a copy of any correspondence or other material that may help us, including an electronic version if available.

If you know of any laws, ordinances or resolutions that might be affected list them or provide a marked-up copy.

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by the Legislative

Operating Committee.

~/

Signature of Requester:-~-~-.--:7,,___~--+--"'

,i,,,,.._~_,_·~-~--------Date: 04-22-24

(Signature required)

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone: 920-869-4240

32 of 75

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

AGENDA REQUEST FORM

1) Request Date: 04/04/2024

---------------------

2) Contact Person(s): Larry Barton

---------------

Dept: Treasurer

Phone Number:4493

Email: lbarton2@oneidanation

3) Agenda Title:GWA Law -Cultural Signifcant Event Pow Wow Participant

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

To create a law in Title 10 GWE for participants in the Pow Wow

to make this an allowable category under the IRS Notice 2015-34

l

List any supporting materials included and submitted with the Agenda Request Form

3) _ _ _ _ _ _ _ _ __

1) _ _ _ _ _ _ _ _ __

2) _ _ _ _ _ _ _ _ __

4) _ _ _ _ _ _ _ _ __

5) Please list any laws, policies or resolutions that might be affected:

Chapter 10

6) Please list all other departments or person(s) you have brought your concern to:

•

7) Do you consider this request urgent?

li]Yes

□ No

If yes, please indicate why:

Pow Wow is coming up in June this will be needed by then

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. Box365

Oneida, WI 54155

Phone 920-869-4376

A good mind. A good heart A strong fire.

33 of 75

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida•nsn.gov

~

=DDDOOO

ONEIDA

AGENDA REQUEST FORM

1_,_2 _02_4_______________

1) Request Date: _M_a_y_0_

2)

Contact Person(s): Sacheen Lawrence; Jolene Hensberger

Dept: School Board

Phone Number: (920) 869-4654

Email: osb-slaw@oneidanation.org ; jhensber@oneidanation.org

3)

Agenda Title: Approve Updated School Board Bylaws

4)

Detailed description of the item and the reason/justification it is being brought before the LOC:

The School Board is required to review and update the School Board

Bylaws and changes requested need to be reviewed and approved. The

School Board has many school-wide iss, ,es to address as well as proJects

needing to be worked on in addition to BIE trainings.

List any supporting materials included and submitted with the Agenda Request Form

I) Updated School Board Bylaws

2)

5)

3) _ _ _ _ _ _ _ _ _ __

Jcboo! '£)(Md \\i\lhl,l,\6

4) _ _ _ _ _ __

Please list any laws, policies or resolutions that might be affected:

Boards, Committees, and Commissions stipend and meeting laws, and School Board bylaws

6)

Please list all other departments or person(s) you have brought your concern to:

Business Committee

7)

Do you consider this request urgent?

li]Yes

□ No

If yes, please indicate why:

The School Board is consistently addressing school-wide issues.

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

, and expired

terms

and newly elected

term dates to

avoid insufficient

number of

members to

make a quorum

and or approve

actions.

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 stro ng fire.

34 of 75

ONEIDA NATION SCHOOL BOARD BYLAWS

Article I. Authority

The name of this entity shall be the Oneida Nation School Board and may

1-1. Name.

hereinafter be referred to as the Board.

1-2.

Establishment. The Oneida Nation School Board was established in 1977 by the Oneida

General Tribal Council.

1-3.

Authority.

(a)

(b)

Purpose. The Board was established to coordinate existing and future

education programs of the Oneida Nation; per directive of the Oneida

General Tribal Council, to be an autonomous administrator of the Oneida

Nation School System ("System") under a Memorandum of Agreement

with the Oneida Business Committee; and to administer the Oneida Nation

School System Endowment in accordance with the Nation's Endowments

law as authorized under resolution BC-02-27-19-B.

Powers and Duties. In accordance with the Oneida General Tribal Council's

directiv~, on March 21, 1988, the Board entered into a Memorandum of

Agreement ("MOA'') with the Oneida Business Committee, delegating

certain powers and duties to the Board, which, subject to amendment from

time-to-time hereafter, include, but are not limited to:

Overseeing and planning, in coordination with the Oneida Business

(1)

Committee, for the academic and cultural growth of the students

within the System;

Monitoring school operations and development, ensuring their

(2)

compliance with sound academic practice and consistency with

community priorities, as well as the Nation's initiatives and

planning;

Approving all curriculum developed and implemented for use

(3)

within the System, ensuring quality academic instruction that

incorporates Oneida cultural tenets;

Providing direct involvement in the process of personnel matters, as

(4)

prescribed in the MOA, to be consistent with the Nation's Personnel

Policies and Procedures so as to ensure the maintenance of quality

staff and policy benefiting the harmony of the staff and ultimately

the students within the System;

Reviewing, endorsing and submitting all contracts, grants, and

(5)

proposals relative to the System's operation and planning consistent

with the Nation's policies and procedures, as well as the System's

funding cycles, by ensuring a level of funding that corresponds with

the System's developmental and operational needs;

Meeting with the Oneida Business Committee to negotiate any

(6)

disputes which may arise between the Oneida Business Committee

and the Board;

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35 of 75

Monitoring long and short-range educational programming for the

students attending Nation-specific programs of study; and

Developing and maintaining consistent procedures to be employed

(8)

as it carries out its charge to the Oneida General Tribal Council and

the Oneida Nation School System.

The Board shall adhere to the laws of the Nation when exercising the

authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties

delegated to the Board through the laws, policies, rules and resolutions of

the Nation in a manner consistent therewith.

(7)

(c)

The official mailing address of the Oneida Nation School Board is:

Oneida Nation School Board

P.O. Box 365

Oneida, WI 54155-0365

1-4.

Office.

1-5.

Membership.

Number of Members. The Oneida Nation School Board shall be comprised

(a)

of nine (9) members.

Elected. Members of the Board shall be chosen by election to three (3) year

(b)

staggered terms in accordance with any laws and/or policies of the Nation

governing elections.

Members of the Board shall hold office until their term expires, they

(1)

resign, or they are terminated/removed from office.

A member whose term has expired may remain in office

(A)

until his or her successor is sworn in by the Oneida Business

Committee.

Recommendation for the LOC to review the BCC LAW regarding school

board expired terms for unfilled School Board elected positions due to

concern of not having a quorum and or ability to approve actionable items,

and for this to be added to the section above, 1-5. (b)(l)A.

A member may resign at any time either 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.

A resignation is deemed effective upon acceptance

(i)

by Board motion of the member's verbal resignation

or upon delivery of the written notices.

Vacancies. Vacancies of the Board shall be filled as follows:

Expired Terms. Vacancies caused by term expiration shall be filled

(1)

by election in accordance with any laws and/or policies of the Nation

governing elections to office.

(B)

(c)

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Unexpired Terms. Vacancies that occur before the end of a term

shall be filled by appointment of the Oneida Business Committee

pursuant to the Boards, Committees and Commissions law.

The Board Chairperson shall provide the Oneida Business

(A)

Committee with recommendations on all applications for

appointment to fill a vacancy of an unexpired term in

accordance with the submission deadline for the Oneida

Business Committee in which the appointment is intended to

be made.

Qualifications ofMembers. Members of the Board shall meet the following

(d)

qualifications:

Be at least eighteen (18) years of age;

(1)

Be enrolled members of the Oneida Nation;

(2)

At least four (4) of the nine (9) members must be parents/guardians

(3)

of a student enrolled in an educational program that qualifies under

the Oneida Nation School System; and

Have passed a BIE Care Giver Background Check.

(4)

Not be an employee or contracted employee of or for the School

(5)

System

A Board member found to be in violation of these bylaws or

Removal.

and

Termination

any applicable law, policy and/or resolution of the Nation may be subject to

the following:

If the member was elected, the Board may direct the Chairperson to file a

(a)

petition for his or her removal on behalf of the Board pursuant to the

Removal law and/or any other law of the Nation governing the removal of

elected officials.

If the member was appointed, the Board may direct the Chairperson to

(b)

provide a recommendation to the Oneida Business Committee for his or her

termination in accordance with the Boards, Committees and Commissions

law and/or any other law of the Nation governing the termination of

appointed officials.

Petitions for removal and/or recommendations for termination shall be

(c)

decided by a majority vote of the Board members present at a meeting of an

established quorum.

(2)

1-6.

1-7.

Trainings and Conferences. Board members shall attend the following mandatory trainings

and/or conferences:

As recommended by the Superintendent;

(a)

Trainings/Conferences with the Bureau of Indian

(b)

Education as offered up to 40 hours per year;

Interview Certification from Oneida Nation; and/or

(c)

Disciplinary Action from Oneida Nation. and /or

(d)

Child abuse and neglect training from Oneida Nation

(e)

Regardless of the number of trainings/conferences that he or she is required

(f)

to attend, no member of the Board shall be eligible to receive stipends for

attending more than five (~) (10) full days of mandatory

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trainings/conferences per year. The School Board is required, per the BIE,

to receive 40 hours of school board training within the first year of being a

Board member. This does not include any of the additional required and or

recommended trainings.

Article II. Officers

Officers.

2-1.

2-2.

The Officer positions for the Oneida Nation School Board shall consist of a

Chairperson, a Vice-Chairperson and a Secretary.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson shall be to:

Call and preside over all regular meetings, emergency meetings and

(a)

hearings of the Board;

Represent the Board and the System at official functions;

(b)

Ensure that the Board complies in its charge to the Nation and the System;

(c)

Be an ex officio member of any committee established by the Board;

(d)

Carry out all general duties and powers assigned to the Board pursuant to

(e)

the Oneida Nation's Constitution, any laws of the Nation and the most

current version of the MOA, which may be amended from time-to-time

hereafter;

Submit, or through a designee submit, annual and semi-annual rep01is to

(f)

the Oneida General Tribal Council, as .vell as quarterly reports to the

Oneida Business Committee, in accordance with the Boards, Committees

and Commissions law; (requesting to remove verbiage according to the

MOA requirement of having to submit only Annual / Semi Annual

Reports, along with the fact the time for the school system to reasonably

accomplish changes is not feasible) and submit other reports as required

by resolution BC-02-27-19-B, the most current version of the MOA, and

any other governing law, policy or resolution of the Nation; and

Attend, or designate a member to attend, the Oneida Business Committee

(g)

meeting in which the Board's quarterly report appears on the agenda.

1

2-3.

Responsibilities ofthe Vice-Chairperson. The duties, responsibilities and limitations of the

Vice-Chairperson shall be to:

Act in replacement of the Board Chairperson should for any reason he or

(a)

she be unable to carry out the above prescribed powers and duties;

Chair ad hoc committees established by the Board; and

(b)

Carry out all general duties and powers that are duly assigned or delegated

(c)

to the Board.

2-4.

Responsibilities of the Secretary. The duties, responsibilities and limitations of the

Secretary shall be to:

Act in the absence of the Chairperson and Vice-Chairperson in the carrying

(a)

out of their powers and duties;

With respect to calling or presiding over meetings of the Board, the

(1)

Secretary's authority shall be limited as follows:

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In the event that both the Chairperson and Vice-Chairperson

positions have become vacant before the end of their terms,

the Secretary shall have the authority to call Board meetings

to fill the vacancies and to preside over those meetings for

the sole purpose of conducting an election of new Officers,

at which point the Chairperson, or Vice-Chairperson in the

absence of the Chairperson, shall preside.

and provide notice of all meeting locations, agendas,

agenda

the

Establish

documents and minutes to all members of the Board, as well as the public,

in accordance with the Boards, Committees and Commissions law, the

Open Records and Open Meetings law, these bylaws, and the most current

version of the MOA;

Maintain accurate recording and presenting of all Board minutes and other

formal documents in accordance with the Boards, Committees and

Commissions law, the Open Records and Open Meetings law, these bylaws,

and the most current version of the MOA;

Work closely with System staff and/or the Oneida Business Committee

Support Office to ensure timely reporting of all Board actions; and

Carry out all general duties and powers that are duly assigned or delegated

to the Board.

(A)

(b)

(c)

(d)

(e)

2-5.

Selection of Officers. Officers of the Board shall be elected by a majority vote of the

members present at a Board meeting of an established quorum to terms of

one (1) year.

Officer elections shall occur at the first Board meeting of an established

(a)

quorum that takes place subsequent to an election of the Board members.

Board Officers shall hold their positions until the new Officers are elected.

(b)

Officers may be re-elected and there is no limitation upon the

(1)

number of times a member may run for an Officer position.

Board members shall not hold more than one (1) Officer position

(2)

per Officer term.

If for any reason, an Officer of the Board cannot fulfill the obligations of

(c)

his or her Officer position, upon majority vote of the members present at a

Board meeting of an established quorum, that member may be dismissed

from his or her Officer position and a new Officer shall be elected.

2-6.

Budgetary Sign-OffAuthority and Travel. The Board shall follow the Nation's policies and

procedures regarding purchasing and sign-off authority.

Levels of budgetary sign-off authority for the Board shall be as set forth in

(a)

the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing

Policies and Procedures is this still the title or is it Oneida Nation? , for

Divisional Directors/Tribal School Chairperson/Trust Committee/Gaming

Director.

1\.ll Board Offieers The Chair or Designee have sign-off authority

( 1)

to sign-off on all budgetmy requests.

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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.

Travel on behalf of the Board for any member shall be approved by majority

vote of the members present at a regular or emergency Board meeting of an

established quorum.

(A)

(b)

2-7.

(a)

(b)

(c)

Commencing on the date these bylaws are adopted by the

Personnel.

Oneida Business Committee and from that point forward, the Board shall

not have authority to hire ersonnel for the benefit of the Board. Currently,

the school board has one half time admin asst. that cannot be filled by the

GAO.

The Board shall have authority to be involved in the hiring of personnel for

the System so long as conducted in accordance with the most cmTent

version of the MOA, the Nation's Personnel Policies and Procedures, and

any applicable accounting policies/procedures of the Nation.

The Board shall conduct the annual Performance Evaluation of the

(1)

Superintendent.

The Board shall have authority, at its discretion, to hire consultants and

other resource persons to help carry out the stated purposes and goals of the

System, subject to the following:

The Superintendent shall assist the Board with establishing criteria

(1)

for the hiring of consultants/resource persons and, when appropriate,

provide selection recommendations to the Board.

Consultants/resource persons shall be hired under formal contract

(2)

per the process set forth in the most current version of the MOA and

consistent with the policies and procedures of the Nation.

Where issues arise between the Board and individuals/entities other than the

Oneida Business Committee, the Board shall have the authority to avail

itself of legal counsel per the Request for Proposal ("RFP") process set by

the Nation's competitive bidding/purchasing policies and procedures, to

protect the powers and responsibilities delegated to the Board by the Oneida

General Tribal Council.

Prior to commencing with the RFP process to retain outside counsel,

(1)

the Board shall be required to avail itself of counsel through the

Oneida Law Office; provided, it is capable and willing to supply the

Board with the necessary legal services.

Article III. Meetings

Meetings of the Board shall be held at 5:00 p.m. on the first

Regular Meetings.

3-1.

Monday of each month and a second meeting is scheduled as needed.

Meetings are held in the Oneida Nation Elementary School, located at

N7125 Seminary Road in Oneida, Wisconsin. Meetings may be attended in

person, by telephone, through videoconferencing, or through other

telecommunications so long as presence is demonstrated in accordance

with the Boards, Committees and Commissions law.

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(a)

(b)

3-2.

The meetings date, time and/or location may change from time-to-time as

determined by a majority vote of the members present at a Board meeting

of an established quorum; provided, notice is given to all members in

writing and, along with the public, in accordance with the Nation's Open

Records and Open Meetings law, prior to the implementation of a new date,

time and/or location.

The agenda for regular meetings shall be established by the Secretary, or

Secretary's designee, in accordance with these bylaws.

Board members and other persons wishing to have items placed on

(1)

the agenda should submit.the item to the Secretary, or Secretary's

designee.

a. Items should be submitted at least ten ( 10) seven calendar days

prior to the next regular meeting. If the item is not submitted

within the timeframe, it may be added to the next scheduled school

board meeting.

(c)

Action items shall be incorporated into the School Superintendent' s report.

(d)

The Secretary or Secretary's designee shall prepare the meeting agenda,

minutes and other appropriate documentation for action items; mail or

email them to each Board member, along with the Superintendent, at least

seven three (3) business days before a regular meeting date; and further

provide them to all members, as well as the public, in accordance with the

Nation's Open Records and Open Meetings law.

Any email correspondence to Board members must be sent to the

(1)

official Oneida Nation email address that was provided to them to

conduct business electronically on behalf of the Board ("Official

Email").

Emergency Meetings.

An emergency meeting may be called when there is an imminent issue that

(a)

needs to be addressed by the Board before its next scheduled meeting.

Emergency meetings may be attended in person, by telephone, through

videoconferencing, or through other telecommunications so long as

presence is demonstrated in accordance with the Boards, Committees, and

Commissions law.

The Board is delegated the authority to represent the parents and the

(1)

Oneida General Tribal Council in the conducting of System related

business. Under certain governmental and other System related

agreements, some contractors require periodic meetings that require

parent representation. This constitutes an imminent issue for which

an emergency meeting may be called when necessary to satisfy the

Board's contractual obligations.

Meetings to fulfill contractual obligations may be held on the

(A)

evenings of regular Board meetings or may be separately

scheduled. In either case, along with the notice required in

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(b)

(c)

(d)

3-3.

subsection (c) of this section if the meeting was called as an

emergency or in section 3-l(d) if called as part of a regular

meeting, the Secretary or Secretary's designee must provide

notice to all groups identified by the contractor as set forth

within the contract, or in writing if not set by contract, and

to all parents through the school newsletter, as well as the

Kalihwisaks.

may be called by the Chairperson and upon request of

meetings

Emergency

a Board member or System administrator.

Board members or System administrators shall contact the Board's

(1)

Chairperson or Vice-Chairperson to request an emergency meeting.

The Chairperson, or when he or she cannot be reached, the

(A)

Vice-Chairperson shall determine whether the basis for the

Board member's or System administrator's request justifies

scheduling an emergency meeting.

The Chairperson or Chairperson's designee shall provide notice of

emergency meetings to all Board members by telephone call, as well as via

their Official Email, and to the System administration at least twenty-four

(24) hours in advance of the meeting; and shall further provide notice to all

Board members and the rest of the public in accordance with the Nation's

Open Records and Open Meetings law.

The notice shall state the emergency matter or matters to be

(A)

addressed.

The agenda for emergency meetings shall consist of only those items

(B)

of business for which the meeting was called.

During the emergency meeting, the Board may engage in

(i)

discussion of matters other than those specified on the

agenda; however, formal action may only be taken on the

agenda items for which the emergency meeting was called.

Within seventy-two (72) hours after an emergency meeting, the Board shall

provide the Nation's Secretary with notice of the emergency meeting, the

reason for the emergency meeting, and an explanation as to why the matter

could not wait until the next regular meeting.

Joint Meetings. Joint meetings with the Oneida Business Committee may be held in the

Oneida Business Committee Conference Room of the Norbert Hill Center,

at the request of either entity, on an as needed basis, and per the approval of the Oneida

Business Committee. Joint meetings may be attended in person, by telephone, through

videoconferencing, or through other tele-communications so long as presence is

demonstrated in accordance with the Boards, Committees and Commissions law.

Notice of the joint meeting agenda, documents, and minutes shall be

(a)

provided, and the joint meeting conducted, in accordance with resolution

B C-03-2 7-19-D titled, Oneida Business Committee and Joint Meetings with

Boards, Committees and Commissions - Definitions and Impact, as may be

amended from time to time hereafter.

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A quorum of the Board shall consist of a majority of the current members,

one of whom must be the Chairperson, Vice-Chairperson or Secretary;

provided, the Secretary is presiding over the meeting in accordance with

section 2-4(a)(l)(A).

3-4.

Quorum.

3-5.

Order of Business. The order of business, as far as applicable, is:

Call to Order

(I)

Adopt the Agenda

(II)

Special Event: Appro 1e Core Academic Graduates

(III)

(IV) Approval of Minutes

E-polls to enter into record

(V)

(VI) Tabled Unfinished Business

(VII) Standing Agenda/ Follow Up: (move to under Superintendent's report)

(VIII) New Business

(IX) Administrative Staff Reports

Superintendent Report

(X)

Standing Agenda I Follow Up

Administrative Staff Reports

1

Executive Session

(XII) Adjournment

(XI)

3-6.

Decisions of the Board shall be based on a majority vote of members present

at a regular or emergency meeting of an established quorum.

All members of the Board shall have one equal vote.

(a)

In all matters requiring a vote of the Board, the Chairperson, or in

(1)

the absence of the Chairperson, the presiding Officer, shall call for

a vote of the membership.

All members, excluding the presiding Officer, shall vote or

(A)

enter an abstention.

In the event of a deadlock, the Chairperson, or the presiding

(B)

Officer acting in his or her place, shall vote to break the

deadlock.

E-polls are permissible so long as conducted in accordance with the Boards,

(b)

Committees and Commissions law.

The Chairperson shall appoint either the Vice Chairperson or

(1)

--------.,,.,s~ecHir~etttaIH 'f)¥-'-tttO+cSste"'F1~1e~as the designee responsible for conducting e-polls

in lieu of the Chairperson.

Voting.

Article IV. Expectations

Behavior of Members. The Board has a moral duty and responsibility to the System, the

4-l.

community, and the students. In the carrying-out of that responsibility,

members of the Board are expected to adhere to the following principles of conduct:

Individual Board members shall not intervene in the orderly process of

(a)

System administration and governance. Concerns over policy or personnel

matters shall be addressed through the application of the principles set out

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in the most current version of the MOA and consistent with the Nation's

Personnel Policies and Procedures.

The Board shall act only at duly authorized meetings with at least a quorum

(b)

present to conduct business and develop policy for the System. All the

Board's actions shall be within the charge granted to the Board by the

Oneida General Tribal Council, the most current version of the MOA, and

any other applicable laws, polices and/or resolutions of the Nation.

Members of the Board shall not speak or act on behalf of the Board

( 1)

unless the Board has specifically authorized a member to speak or

act on its behalf by majority vote of the members present at a Board

meeting of an established quorum.

In any issues before the Board involving a Board member's immediate

(c)

family member and potential nepotism, that Board member shall decline

comment and abstain from voting.

Immediate family member shall be as defined in the Nation's

(1)

Conflict of Interest law.

Board members must be apolitical in their charge to the community and the

(d)

students. Board members shall take no action to endorse or otherwise

SUQ_Rort any candidate for any Tribal office or position. (Peggy, is this

referring to the Board as a whole, or members as a Board) Should verbiage in "e"

... While acting on behalf of the Board .... ) be added in the beginning of letter (d)?

While acting on behalf of the Board, members shall faithfully maintain the

(e)

principles of due process and assure that all sides have a legitimate hearing

in any issue brought before the Board.

Members of the Board will bargain in good faith with all employees of the

(f)

System.

Board members shall strictly adhere to the policies and procedures of the

(g)

System, the most cuITent version of the MOA, as well as any other

applicable laws, policies and resolutions of the Nation, and shall work

Board

(h)

in consort for the positive growth of the System.

members shall notify a Board Officer of an absence and reason for absence prior

to the start of a meeting.

Board members shall not accrue three (3) consecutive unexcused

(1)

absences from meetings in a one (1) year period.

A member who fails to notify a Board Officer, in writing, of

(A)

his or her pending absence at least thirty (30) minutes before

the missed meeting shall be deemed unexcused.

Enforcement. Any member of the Board found to be in violation of

(i)

this section of the bylaws, another section of these bylaws or any

other

laws,

policies and/or resolutions of the Nation may be subject to the

following:

Disciplinary action in accordance with any laws or policies of the

(1)

Nation governing sanctions and/or penalties for elected or appointed

officials.

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44 of 75

If the member was appointed, the Board may make a

recommendation to the Oneida Business Committee for termination

of his or her appointment in accordance with the Boards,

Committees and Commissions law and/or any other law of the

Nation governing termination of appointed officials.

If the member was elected, the Board may direct the Chairperson to

(3)

file a petition for his or her removal in accordance with the Removal

law and/or any other laws or policies of the Nation governing

removal.

Enforcement hereunder shall be determined by a majority vote of

(4)

the members present at a Board meeting of an established quorum.

(2)

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. When acting in their official capacity, the use of alcohol and/or

prohibited drugs by members of the Board is forbidden.

Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,

(a)

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. Social media shall be used in accordance with the Board members' oath of

office and any laws or policies of the Nation governing social media.

4-5.

Conflict of Interest. Conflicts of interest shall be reported and mitigated/removed in

accordance with any laws or policies of the Nation governing conflicts of

interest.

Article V. Stipends and Compensation

Members of the Board shall be eligible to receive the following stipends as

5-1. Stipends.

set forth in and subject to these bylaws; the Boards, Committees and

Commissions law; and resolution BC-08-12-20-C titled, Amended Boards,

Committees and Commissions Law Stipends, as may be further amended

from time-to-time hereafter. *Note: School Board is 100% grant funded.

No more than twenty-four (24) (30) meeting stipends per fiscal year,

(a)

provided that:

(1)

(2)

(3)

A quorum was established;

The meeting of the established quorum lasted for at least one (1)

hour; and

The member collecting the stipend was present for the entire

meeting as defined, as well as demonstrated, in accordance with the

Boards, Committees and Commissions law.

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45 of 75

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

5-2.

A stipend for attending a duly called joint meeting between the Board and

the Oneida Business Committee, provided that:

A quorum was established by the Board;

(1)

The joint meeting lasted for at least one (1) hour; and

(2)

The member collecting the stipend was present for the entire joint

(3)

meeting as defined, as well as demonstrated, in accordance with the

Boards, Committees and Commissions law.

A stipend for participating in interviews and/or screens.

A stipend for conducting an official hearing of the Board.

A stipend for attending an Oneida Judiciary Hearing so long as the

member's attendance is required by official subpoena.

A stipend for each day of attendance at a conference or training, provided

that:

The amount of the stipend a member is eligible to receive for

(1)

attending a conference or training shall be dependent on whether the

member attended up to four (4) hours of a conference or training or

more than four (4) hours of a conference or training; and

The member's attendance at the training or conference was required

(2)

by law, bylaws or resolution.

A stipend for conducting Superintendent Evaluation and or Review

A stipend for attending any mandated Business Committee meeting,

including reports, etc.

A stipend for required School Board signatures on business authorizations

such as contracts, diplomas, or any other document that cannot be signed

via electronically and or wait until next meeting. ($25 for up to four (4)

hours)

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 maintained in a consistent format provided by the

Oneida Business Committee Support Office ftfld approved by the Board.

6-2.

Minutes.

(a)

(b)

6-3.

All meeting minutes shall be typed and in a consistent format designed by

the Oneida Business Committee, as approved by the Board, to generate the

most informative record.

Minutes must include a summary of the action taken by the Board.

Minutes shall be submitted to the Oneida Business Committee Support

Office within five (5) business days of approval by the Board.

Attachments. Any handouts, attachments, reports, memoranda, and the like

provided at a and or for a Board meeting shall be included with their

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corresponding meeting agenda material and maintained in accordance with the

Nation's Open Records and Open Meetings law.

the Board would like to avoid the misinterpretation that all hand-outs received by the Board

at a meeting must be included in the next meetings packet/agenda containing an agenda or

minutes for when a handout was previously presented (at a prior meeting to the current

Board meeting).

6-4.

Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

format and frequency of communication shall be as agreed upon by the

The

(a)

Board and the liaison through formal action of the Board, but not less than

that required in any law or policy on reporting developed by the Oneida

Business Committee or Oneida General Tribal Council.

The purpose of the liaison relationship is to uphold the ability of the liaison

(b)

to act as a support to the Oneida Nation School Board.

6-5 .

Audio Recordings. All meetings of the Board shall be audio recorded by either the

Oneida Business Committee Support Office Government Administrative Office or

designee of the Officer presiding over the meeting using a device supplied by the Oneida

Business Committee Support Office.

The presiding Officer shall ensure each meeting is audio recorded.

(a)

Audio recordings shall be maintained by the Oneida Business Committee

(b)

Support Office Government Administrative Office in accordance with the

Nation' s Open Records and Open Meetings law.

Exception. Audio recordings of executive session portions of a

(I)

meeting shall not be required.

Article VII. Amendments

7-1. Amendments. Amendments to these bylaws shall be approved by majority vote of the

members present at a regular Board meeting of an established quorum,

provided that written notice of the proposed amendments was made at a

prior regular meeting.

Amendments to these bylaws shall conform to the requirements of the

(a)

Boards, Committees and Commissions law and any other governing

policies of the Nation.

Amendments must be approved by the Board and the Oneida Business

(b)

Committee before implementation.

The Board shall conduct a review of these bylaws no less than on an annual

(c)

basis.

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ONEIDA NATION SCHOOL BOARD BYLAWS

Article I. Authority

The name of this entity shall be the Oneida Nation School Board and may

1-1. Name.

hereinafter be referred to as the Board.

1-2.

Establishment. The Oneida Nation School Board was established in 1977 by the Oneida

General Tribal Council.

1-3.

Authority.

(a)

(b)

Purpose. The Board was established to coordinate ex1stmg and future

education programs of the Oneida Nation; per directive of the Oneida

General Tribal Council, to be an autonomous administrator of the Oneida

Nation School System ("System") under a Memorandum of Agreement

with the Oneida Business Committee; and to administer the Oneida Nation

School System Endowment in accordance with the Nation's Endowments

law as authorized under resolution BC-02-27-19-B.

Powers and Duties. In accordance with the Oneida General Tribal Council's

directive, on March 21, 1988, the Board entered into a Memorandum of

Agreement ("MOA'') with the Oneida Business Committee, delegating

certain powers and duties to the Board, which, subject to amendment from

time-to~time hereafter, include, but are not limited to:

Overseeing and planning, in coordination with the Oneida Business

(1)

Committee, for the academic and cultural growth of the students

within the System;

Monitoring school operations and development, ensuring their

(2)

compliance with sound academic practice and consistency with

community priorities, as well as the Nation's initiatives and

planning;

Approving all curriculum developed and implemented for use

(3)

within the System, ensuring quality academic instruction that

incorporates Oneida cultural tenets;

Providing direct involvement in the process of personnel matters, as

(4)

prescribed in the MOA, to be consistent with the Nation's Personnel

Policies and Procedures so as to ensure the maintenance of quality

staff and policy benefiting the harmony of the staff and ultimately

the students within the System;

Reviewing, endorsing and submitting all contracts, grants, and

(5)

proposals relative to the System's operation and planning consistent

with the Nation's policies and procedures, as well as the System's

funding cycles, by ensuring a level of funding that corresponds with

the System's developmental and operational needs;

Meeting with the Oneida Business Committee to negotiate any

(6)

disputes which may arise between the Oneida Business Committee

and the Board;

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48 of 75

Monitoring long and short-range educational programming for the

students attending Nation-specific programs of study; and

Developing and maintaining consistent procedures to be employed

(8)

as it carries out its charge to the Oneida General Tribal Council and

the Oneida Nation School System.

The Board shall adhere to the laws of the Nation when exercising the

authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties

delegated to the Board through the laws, policies, rules and resolutions of

the Nation in a manner consistent therewith.

(7)

(c)

The official mailing address of the Oneida Nation School Board is :

Oneida Nation School Board

P.O. Box 365

Oneida, WI 54155-0365

1-4.

Office.

1-5.

Membership.

Number of Members. The Oneida Nation School Board shall be comprised

(a)

of nine (9) members.

Elected. Members of the Board shall be chosen by election to three (3) year

(b)

staggered terms in accordance with any laws and/or policies of the Nation

governing elections.

Members of the Board shall hold office until their term expires, they

( 1)

resign, or they are terminated/removed from office.

A member whose term has expired may remain in office

(A)

until his or her successor is sworn in by the Oneida Business

Committee.

A member may resign at any time either verbally during a

(B)

Board meeting or by delivering written notice to the Oneida

Business Committee Support Office and the Board Chairperson or Chairperson's designee.

A resignation is deemed effective upon acceptance

(i)

by Board motion of the member's verbal resignation

or upon delivery of the written notices.

Vacancies. Vacancies of the Board shall be filled as follows:

(c)

Expired Terms. Vacancies caused by term expiration shall be filled

(1)

by election in accordance with any laws and/or policies of the Nation

governing elections to office.

Unexpired Terms. Vacancies that occur before the end of a term

(2)

shall be filled by appointment of the Oneida Business Committee

pursuant to the Boards, Committees and Commissions law.

The Board Chairperson shall provide the Oneida Business

(A)

Committee with recommendations on all applications for

appointment to fill a vacancy of an unexpired term in

accordance with the submission deadline for the Oneida

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49 of 75

(d)

Business Committee in which the appointment is intended to

be made.

Qualifications ofMembers. Members of the Board shall meet the following

qualifications:

Be at least eighteen (18) years of age;

(1)

Be enrolled members of the Oneida Nation;

(2)

At least four (4) of the nine (9) members must be parents/guardians

(3)

of a student enrolled in an educational program that qualifies under

the Oneida Nation School System; and

Have passed an Annual Care Giver Background Check (State of

(4)

Wisconsin Form F-80264).

1-6.

Termination and Removal. A Board member found to be in violation of these bylaws or

any applicable law, policy and/or resolution of the Nation may be subject to

the following:

If the member was elected, the Board may direct the Chairperson to file a

(a)

petition for his or her removal on behalf of the Board pursuant to the

Removal law and/or any other law of the Nation governing the removal of

elected officials.

If the member was appointed, the Board may direct the Chairperson to

(b)

provide a recommendation to the Oneida Business Committee for his or her

termination in accordance with the Boards, Committees and Commissions

law and/or any other law of the Nation governing the termination of

appointed officials.

Petitions for removal and/or recommendations for te1mination shall be

(c)

decided by a majority vote of the Board members present at a meeting of an

established quorum.

1-7.

Trainings and Conferences. Board members shall attend the following mandatory trainings

and/or conferences:

As recommended by the Superintendent;

(a)

Bi-annual trainings/conferences with the Bureau of Indian Education;

(b)

Interview Certification from Oneida Nation; and/or

(c)

Disciplinary Action from Oneida Nation.

(d)

Regardless of the number of trainings/conferences that he or she is required

(e)

to attend, no member of the Board shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

Article II. Officers

Officers.

2-1.

2-2.

The Officer positions for the Oneida Nation School Board shall consist of a

Chairperson, a Vice-Chairperson and a Secretary.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson shall be to:

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50 of 75

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Call and preside over all regular meetings, emergency meetings and

hearings of the Board;

Represent the Board and the System at official functions;

Ensure that the Board complies in its charge to the Nation and the System;

Be an ex officio member of any committee established by the Board;

Carry out all general duties and powers assigned to the Board pursuant to

the Oneida Nation's Constitution, any laws of the Nation and the most

current version of the MOA, which may be amended from time-to-time

hereafter;

Submit, or through a designee submit, annual and semi-annual reports to the

Oneida General Tribal Council, as well as quarterly reports to the Oneida

Business Committee, in accordance with the Boards, Committees and

Commissions law; and submit other reports as required by resolution BC02-27-19-B, the most current version of the MOA, and any other governing

law, policy or resolution of the Nation; and

Attend, or designate a member to attend, the Oneida Business Committee

meeting in which the Board's quarterly report appears on the agenda.

2-3.

Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the

Vice-Chairperson shall be to:

Act in replacement of the Board Chairperson should for any reason he or

(a)

she be unable to carry out the above prescribed powers and duties;

Chair ad hoc committees established by the Board; and

(b)

Carry out all general duties and powers that are duly assigned or delegated

(c)

to the Board.

2-4.

Responsibilities of the Secretary. The duties, responsibilities and limitations of the

Secretary shall be to:

Act in the absence of the Chairperson and Vice-Chairperson in the carrying

(a)

out of their powers and duties;

With respect to calling or presiding over meetings of the Board, the

(1)

Secretary's authority shall be limited as follows:

In the event that both the Chairperson and Vice-Chairperson

(A)

positions have become vacant before the end of their terms,

the Secretary shall have the authority to call Board meetings

to fill the vacancies and to preside over those meetings for

the sole purpose of conducting an election of new Officers,

at which point the Chairperson, or Vice-Chairperson in the

absence of the Chairperson, shall preside.

Establish the agenda and provide notice of all meeting locations, agendas,

(b)

documents and minutes to all members of the Board, as well as the public,

in accordance with the Boards, Committees and Commissions law, the

Open Records and Open Meetings law, these bylaws, and the most current

version of the MOA;

Maintain accurate recording and presenting of all Board minutes and other

(c)

formal documents in accordance with the Boards, Committees and

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(d)

(e)

Commissions law, the Open Records and Open Meetings law, these bylaws,

and the most current version of the MOA;

Work closely with System staff and/or the Oneida Business Committee

Support Office to ensure timely reporting of all Board actions; and

Carry out all general duties and powers that are duly assigned or delegated

to the Board.

2-5.

Selection of Officers. Officers of the Board shall be elected by a majority vote of the

members present at a Board meeting of an established quorum to terms of

one (1) year.

Officer elections shall occur at the first Board meeting of an established

(a)

quorum that takes place subsequent to an election of the Board members.

Board Officers shall hold their positions until the new Officers are elected.

(b)

Officers may be re-elected and there is no limitation upon the

(1)

number of times a member may run for an Officer position.

Board members shall not hold more than one (1) Officer position

(2)

per Officer term.

If for any reason, an Officer of the Board cannot fulfill the obligations of

(c)

his or her Officer position, upon majority vote of the members present at a

Board meeting of an established quorum, that member may be dismissed

from his or her Officer position and a new Officer shall be elected.

2-6.

Budgetary Sign-OffAuthority and Travel. The Board shall follow the Nation's policies and

procedures regarding purchasing and sign-off authority.

Levels of budgetary sign-off authority for the Board shall be as set forth in

(a)

the manual titled, Oneida Tribe ofIndians of Wisconsin Purchasing Policies

and Procedures, for Divisional Directors/Tribal School Chairperson/Trust

Committee/Gaming Director.

All Board Officers have sign-off authority and two (2) Officers shall

(1)

be required to sign-off on all budgetary requests.

Upon formal approval of a purchase by the Board, the

(A)

Oneida Business Committee Support Office shall have

official budgetary sign-off authority for the Board.

Travel on behalf of the Board for any member shall be approved by majority

(b)

vote of the members present at a regular or emergency Board meeting of an

established quorum.

2-7.

Personnel.

(a)

Commencing on the date these bylaws are adopted by the Oneida Business

Committee and from that point forward, the Board shall not have authority

to hire personnel for the benefit of the Board.

The Board shall have authority to be involved in the hiring of personnel for

the System so long as conducted in accordance with the most current

version of the MOA, the Nation's Personnel Policies and Procedures, and

any applicable accounting policies/procedures of the Nation.

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(b)

(c)

The Board shall have authority, at its discretion, to hire consultants and

other resource persons to help carry out the stated purposes and goals of the

System, subject to the following:

The Superintendent shall assist the Board with establishing criteria

(1)

for the hiring of consultants/resource persons and, when appropriate,

provide selection recommendations to the Board.

Consultants/resource persons shall be hired under formal contract

(2)

per the process set forth in the most current version of the MOA and

consistent with the policies and procedures of the Nation.

Where issues arise between the Board and individuals/entities other than the

Oneida Business Committee, the Board shall have the authority to avail

itself of legal counsel per the Request for Proposal ("RFP") process set by

the Nation's competitive bidding/purchasing policies and procedures, to

protect the powers and responsibilities delegated to the Board by the Oneida

General Tribal Council.

Prior to commencing with the RFP process to retain outside counsel,

(1)

the Board shall be required to avail itself of counsel through the

Oneida Law Office; provided, it is capable and willing to supply the

Board with the necessary legal services.

Article III. Meetings

3-1. Regular Meetings. Meetings of the Board shall be held at 5:00 p.m. on the first and third

Monday of each month in the Oneida Nation Elementary School, located at

N7 l 25 Seminary Road in Oneida, Wisconsin. Meetings may be attended in

person, by telephone, through videoconferencing, or through other

telecommunications so long as presence is demonstrated in accordance with

the Boards, Committees and Commissions law.

The meetings date, time and/or location may change from time-to-time as

(a)

determined by a majority vote of the members present at a Board meeting

of an established quorum; provided, notice is given to all members in

writing and, along with the public, in accordance with the Nation's Open

Records and Open Meetings law, prior to the implementation of a new date,

time and/or location.

The agenda for regular meetings shall be established by the Secretary, or

(b)

Secretary's designee, in accordance with these bylaws.

Board members and other persons wishing to have items placed on

(1)

the agenda should submit the item to the Secretary, or Secretary's

designee.

Items should be submitted at least ten (10) days prior to the next

(2)

regular meeting.

Action items shall be incorporated into the School Superintendent's report.

(c)

The Secretary or Secretary's designee shall prepare the meeting agenda,

(d)

minutes and other appropriate documentation for action items; mail or email

them to each Board member, along with the Superintendent, at least seven

(7) days before a regular meeting date; and further provide them to all

Page 6 of 13

53 of 75

members, as well as the public, in accordance with the Nation's Open

Records and Open Meetings law.

Any email correspondence to Board members must be sent to the

( 1)

official Oneida Nation email address that was provided to them to

conduct business electronically on behalf of the Board ("Official

Email").

3-2.

Emergency Meetings.

An emergency meeting may be called when there is an imminent issue that

(a)

needs to be addressed by the Board before its next scheduled meeting.

Emergency meetings may be attended in person, by telephone, through

videoconferencing, or through other telecommunications so long as

presence is demonstrated in accordance with the Boards, Committees and

Commissions law.

The Board is delegated the authority to represent the parents and the

(1)

Oneida General Tribal Council in the conducting of System related

business. Under certain governmental and other System related

agreements, some contractors require periodic meetings that require

parent representation. This constitutes an imminent issue for which

an emergency meeting may be called when necessary to satisfy the

Board's contractual obligations.

Meetings to fulfill contractual obligations may be held on the

(A)

evenings of regular Board meetings or may be separately

scheduled. In either case, along with the notice required in

subsection (c) of this section if the meeting was called as an

emergency or in section 3-1 (d) if called as part of a regular

meeting, the Secretary or Secretary's designee must provide

notice to all groups identified by the contractor as set forth

within the contract, or in writing if not set by contract, and

to all parents through the school newsletter, as well as the

Kalihwisaks.

Emergency meetings may be called by the Chairperson and upon request of

(b)

a Board member or System administrator.

Board members or System administrators shall contact the Board's

(1)

Chairperson or Vice-Chairperson to request an emergency meeting.

The Chairperson, or when he or she cannot be reached, the

(A)

Vice-Chairperson shall determine whether the basis for the

Board member's or System administrator's request justifies

schedul

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